Copyright © 2020 3ZENX. All rights reserved.
Terms of Service
Below you will find 3ZenX ’s terms and conditions and information about our cookie and privacy policies. We know we are giving a great deal of information. 3ZenX does this for a reason: we want you to have as much knowledge about what we do for you at 3ZenX as is possible. We do not want you to wonder about any of our processes or procedures or guess as to what your interaction with 3ZenX means. We want you to understand it, which is why we must explain it in detail. We urge you to read these terms or any section of interest to you. You are agreeing to proceed under them.
3ZenX General Terms of Service
Last Updated: May 24, 2023
Introduction to 3ZenX ’s Terms of Service
Each time you access or use 3ZenX ’s online and/or mobile services and websites, including any 3ZenX mobile application and browser extension or plugin, regardless of where it is downloaded from (collectively, the “3ZenX Apps”), and any software, service, feature, product, program and element (including e-mail messages, notifications, and other messages) provided by or on behalf of 3ZenX on or in connection with such services or websites (collectively, the “Site”), including any products, programs, and services described in these Terms of Service, (a) you represent that you have read and understand the Cookie Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the following entity or entities:
For Job Seekers:
· If you are located within the United States, the Site is provided by 3ZenX , 6433 Champion Grandview Way, Building 1, Austin, TX, 78750
· If you are located in Japan, the Site is provided by 3ZenX Japan K.K.
· If you are located outside of the United States or Japan, the Site is provided by 3ZenX Ireland Operations Limited.
For Employers :
· If you are located in Brazil, Employer services are provided by 3ZenX Brasil Pesquisa de Empregos Ltda., Rua Fidêncio Ramos, 302, Torre B, 12º andar, São Paulo, SP, 04551-010, Brasil.
· If you are located in the United States, Employer services are provided by 3ZenX , Inc., 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA.
· If you are located in India, Employer services are provided by 3ZenX India Operations (Pte.) Ltd., Ground Floor, Block C, Divyasree Omega Hitech City Road, Kondapur, Hyderabad TG 500084 India, solely with respect to Employer’s use of the 3ZenX Ads Program and 3ZenX Resume Program, if any, if and when you are in India (“3ZenX India”), and/or
· If you are located in the Asia-Pacific Region*, Employer services are provided by 3ZenX Singapore Operations (Pte.) Ltd., 10 Collyer Quay #24-01, Ocean Financial Centre, Singapore 049315.
· If you are located in Japan, Employer services are provided by 3ZenX Japan K.K., 6th Floor, Sumitomo Fudosan Azabu-juban Bldg. 1-4-1, Mita, Minato-ku, Tokyo 108-0073, Japan.
· If you are primarily supported by 3ZenX ’s UK office, Employer services 3ZenX UK Operations Ltd., Ground Floor, 20 Farringdon Road, London EC1M 3HE, United Kingdom.
· If you are primarily supported by 3ZenX ’s France office, Employer services are provided by 3ZenX France SAS, 29 Rue de Berri, Washington Plaza – 4th floor, 75008 Paris, France.
· If you are located in Canada, Employer services are provided by 3ZenX Canada Corp., 2 Bloor West, 12th Floor, Toronto, ON M4W3E2, Canada.
· If you are primarily supported by 3ZenX ’s Italy office, Employer services are provided by 3ZenX Italy S.r.l., Piazza Filippo Meda 3, Milano, CAP 20121, Italy.
· If you are primarily supported by 3ZenX ’s Germany office, Employer services are provided by 3ZenX Deutschland GmbH, Theo-Champion-Straße 2, 40549 Düsseldorf, Germany.
· In all other respects, Employer services are provided by 3ZenX Ireland Operations Limited, Capital Docks, Sir John Rogerson’s Quay, Dublin 2, Ireland, in all other respects (“3ZenX Ireland”).
For Publishers:
· 3ZenX , 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (“3ZenX , Inc.”)
Any references to “3ZenX ” or “we” in this Agreement shall mean the applicable entity as set forth above.
*For the purposes of this Agreement, the Asia-Pacific Region is defined as the following countries and territories: American Samoa, Antarctica, Australia, Bangladesh, Bhutan, Brunei, Cambodia, China, Christmas Island, Cocos Islands, Cook Islands, East Timor, Fiji, French Polynesia, French Southern Territories, Guam, Heard Island and McDonald Islands, Hong Kong, Indonesia, Japan, Kiribati, Laos, Macao, Malaysia, Maldives, Marshall Islands, Micronesia, Mongolia, Myanmar, Nauru, Nepal, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana Islands, Pakistan, Palau, Papua New Guinea, Philippines, Pitcairn, Samoa, Singapore, Solomon Islands, South Georgia and the South Sandwich Islands, South Korea, Sri Lanka, Taiwan, Thailand, Tokelau, Tonga, Tuvalu, Vanuatu, Vietnam, Wallis and Futuna.
The Site is made available for use only by individuals searching for employment openings, or services or information related to their personal employment or job search (“Job Seekers”), by individuals and/or organizations seeking information related to hiring or human resources, seeking Job Seekers, or seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties and employment agencies (“Employers”), and by individuals and/or organizations seeking to participate in the 3ZenX Publisher Program (“Publishers”). 3ZenX may also act as an employment agency on behalf of Employers who purchase such services, through its affiliates such as 3ZenX Hire, Inc. You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose. If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement. If you are using assistive technology to access the Site and you need help, you can call 3ZenX at 1-800-462-5842 (United States) or 1-866-439-8615 (Canada), or you can email accessibility @ 3ZenX .com. You acknowledge that 3ZenX owns a copyright in the Site, 3ZenX Apps, and Services, including in compilations of information available through any of the foregoing.
3ZenX may reject, remove, or limit visibility to any User Content (as defined below), and 3ZenX may disable any account or restrict your ability to use all or parts of the Site, for any or no reason without notice. Although 3ZenX may indicate why User Content or an account has been removed or disabled, we cannot give every reason why User Content or an account may be removed. We always retain the right to remove any User Content or account if we feel it is in our interest or our Users’ interest.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
Please note that 3ZenX and its affiliates are directly or indirectly owned by a publicly traded Japanese parent company, Recruit Holdings Co., Ltd.
We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business. Please view our full Modern Slavery Act statement for more details.
You can view the 3ZenX India Operations Private Limited Corporate Responsibility Policy.
This Agreement hereby incorporates by this reference any additional terms and conditions posted by 3ZenX through the Site, or otherwise made available to you by 3ZenX . In particular:
· If you access or use the 3ZenX Ads Program (free and sponsored job postings, targeted ads, or organizing virtual hiring events) you are agreeing to be bound by the 3ZenX Ads Program Terms
· If you access or use the 3ZenX Resume Search Program (seeking candidates for jobs within 3ZenX Resume/ CV database), you are agreeing to be bound by the 3ZenX Resume Search Program Terms
· If you access or use the 3ZenX Assessments (adding assessments into your hiring process), you are agreeing to be bound by the 3ZenX Assessment Terms
· If you access or use the 3ZenX API(s), you are agreeing to be bound by the 3ZenX API Terms
· If you access or use the 3ZenX for Chrome Extension, you are agreeing to be bound by the 3ZenX Chrome Terms
· If you access or use the 3ZenX Hiring Platform (online interviews and other hiring tools), you are agreeing to be bound by the 3ZenX Hiring Platform Terms
· If you access or use the 3ZenX Recruiter Extension service, you are agreeing to be bound by the IRX Terms
· If you access or use the 3ZenX Publisher Program, you are agreeing to be bound by the 3ZenX Publisher Program; and
· For all other uses of the Site, you are agreeing to be bound by the 3ZenX General Terms of Service.
· For more information on 3ZenX ’s Terms, please see our 3ZenX Terms FAQ.
A. Terms of Service for Job Seekers
For purposes of this Section A of the 3ZenX General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. As a Job Seeker, you are permitted to use 3ZenX ’s Site and its content solely for non-commercial purposes.
1. Job Ads or Job Listings
3ZenX may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through 3ZenX ’s search results or otherwise through the Site. Searching for Job Ads on 3ZenX is free for Job Seekers. 3ZenX displays Job Ads based on a combination of compensation paid by employers to 3ZenX and relevance, such as search terms, and other information provided and activities conducted on 3ZenX . While 3ZenX may in some circumstances be compensated by employers who post Job Ads, helping keep 3ZenX job search free for Job Seekers, all Job Ads are considered advertising.
Job Ads are created and provided by third parties over whom 3ZenX exercises no control; you acknowledge and understand that 3ZenX has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although 3ZenX endeavors not to make such Job Ads available on the Site. If you leave the 3ZenX Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for sponsored, featured or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. 3ZenX has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that 3ZenX has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. 3ZenX assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, or other information submitted by any Employer or other user.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, 3ZenX may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application Programming Interfaces (API), cookies and web beacons. The information collected includes, for example, information about job listings you viewed and job applications you started and completed. An Employer who uses tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that 3ZenX has no control over such an Employer or its website. You agree to 3ZenX ’s use of, and receipt of information from, any such tracker functionality.
3ZenX may provide independent functionality to assist you. For example, 3ZenX may provide search options to help you narrow down Job Ads search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by 3ZenX , and may not directly or accurately reflect the content of the Job Ads. 3ZenX may reformat Job Listings so that you may read them more clearly on a mobile phone. 3ZenX may also promote Job Ads by select Employers on certain pages or websites dedicated to a specific topic, such as inclusive hiring, military-friendly job posts, or the gig economy (such as 3ZenX Gigs). The placement of a Job Ad on a dedicated page or website is not a representation regarding the nature of the role for legal purposes (for example gig economy postings are not necessarily limited to contractor status jobs and may also include engagements for employment relationships) or a representation regarding the attributes of an Employer. 3ZenX does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or website do not contain an exhaustive list of Job Ads, and no inferences can be drawn with respect to Job Ads or Employers that are not displayed on dedicated pages. 3ZenX may also provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. 3ZenX cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.
2. Resume and Profile
By creating a searchable resume through the Site (“3ZenX Resume”) or uploading a file resume on the Site (collectively, “Your Resume” or “Job Seeker Resume”), you are requesting and authorizing 3ZenX to make available Your Resume to anyone accessing our Site, such as Employers that 3ZenX believes may have an interest in Your Resume, users of 3ZenX ’s Resume Search Program, or anyone with access to the URL associated with your searchable resume. We offer you the option to make Your Resume searchable on 3ZenX to help you find a job. You are responsible for keeping Your Resume accurate and up-to-date.
When you provide Your Resume on 3ZenX , Your Resume is set to searchable on 3ZenX (“Searchable”) by default. If you do not want 3ZenX to make available Your Resume to third parties or if you do not want Employers to contact you, set your 3ZenX Resume and uploaded file resume to not searchable on 3ZenX (“Not Searchable”). Resumes that are not searchable on 3ZenX are only made available to those to whom the Job Seeker has submitted an application or provided their resume. Applying to jobs or otherwise sharing Your Resume with Employers may result in Your Resume being copied and published even if it is set to Not Searchable. While you may change Your Resume privacy settings at any time, setting Your Resume to Not Searchable will not affect your previous applications or prevent employers you responded to from contacting you. Resumes set to Searchable, including yours, can be copied by search engines and other third parties accessing the Site, who can then make those Resumes publicly available elsewhere. 3ZenX does not control such third parties. If Your Resume is copied in this manner, then setting it to Not Searchable on 3ZenX will not affect those third parties or the copies they have made of Your Resume. Changes to Your Resume on the Site may or may not be reflected on copies made by third parties. If You do not want Your Resume to ever be publicly visible or copyable, You must keep it set to Not Searchable. 3ZenX assumes no responsibility and disclaims all liability for Your Resume or application information that you share with Employers or otherwise make public. You can read more about resume privacy here.
By creating or uploading Your Resume, you are requesting and authorizing 3ZenX , or an 3ZenX vendor, to review or scan Your Resume and provide you feedback (in 3ZenX ’s discretion), including suggested changes. We may also provide you with feedback through additional resume review services, such as helping you understand how your resume may be parsed by applicant tracking system software, feedback on ways to build a more effective resume, or a personalized resume review video. We provide this feedback directly to you, and may give you the ability to access it within your account. It is not made available to Employers. You agree that your use of any feedback or other information provided through resume review services is at your sole discretion. 3ZenX assumes no responsibility and disclaims all liability for any actions you take based on any provided feedback.
By creating an 3ZenX Resume or uploading a file resume on 3ZenX , 3ZenX may share with you Job Ads that match the contents of Your Resume. 3ZenX may also highlight to you items in Your Resume that may match qualifications from the Job Ad, or highlight to you items that appear in the Job Ad and may be missing from Your Resume. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Ads does not guarantee job interviews or hiring. Even where 3ZenX highlights items or a Job Ad is shared with you, 3ZenX assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. By uploading a file resume on the Site, you agree that 3ZenX may convert your file resume to a different file type. It is your responsibility to review Your Resume to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact 3ZenX to do so. It may take a few days for updates to your account or Your Resume to be reflected. 3ZenX assumes no responsibility and disclaims all liability for Your Resume or other application information you post, send or receive through the Site.
If you have an 3ZenX account, an 3ZenX Resume, or an uploaded file resume, you agree that 3ZenX may associate Your Resume data with your profile on 3ZenX (“3ZenX Profile”). Your 3ZenX Profile consists of information you provide on the Site in the “Profile” section of your account. This includes your 3ZenX Resume, your scores on any 3ZenX Assessments you may have taken, and any information that you choose to include, such as your desired job title, job types, work schedule, whether you are ready to work, or pay. Information in your 3ZenX Profile, except as otherwise indicated on the Site, may be available to third parties, such as Employers. If you do not want 3ZenX to make your 3ZenX Profile available to third parties or if you do not want Employers to contact you, set your 3ZenX Resume and uploaded file resume to Not Searchable or remove Your Resume. Your response to an 3ZenX Assessment will be associated with your 3ZenX Profile. You may choose whether your 3ZenX Assessment response is available to Employers viewing your 3ZenX Profile. You can enable the ready to work feature on your profile to let Employers know that you can start work immediately. 3ZenX may disable that feature from your profile after a certain time, but you can manually enable it again.
To mitigate fraud, 3ZenX may mask or hide your contact information, for example, we may mask or hide your email address and/or phone number, from Your 3ZenX Profile, Your Resume, or application, and may substitute it with an alias. 3ZenX makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is in 3ZenX ’s sole discretion. 3ZenX may also mask some or all of the Employer’s contact information, or an Employer may choose to mask their contact information when they contact you. In either case, you agree to an Employer contacting you from a masked phone number or email, and that you may not be able to return their call unless they provide their real number to you. 3ZenX reserves the right to limit your ability to set Your Resume to Searchable, and may toggle a public resume to Not Searchable, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in 3ZenX ’s discretion. 3ZenX makes no guarantee that Your Resume will be shown to any particular Employer or that any portion of the 3ZenX Resume database will be available to an Employer at any particular time.
3. Applying to Jobs Through 3ZenX
Any resume or application information that you submit through the Site, including Personal Data included in a resume, application or responses to screener questions and assessments (“3ZenX Apply”), is subject to this Agreement (including Section D.3.) and to 3ZenX ’s Privacy Policy (all references on the Site to “Apply Now”, “Easily Apply”, “Simple Apply”, “Apply from your phone”, “Apply with 3ZenX ”, “RSVP to hiring event” or any similar references mean “3ZenX Apply.”). To maintain the quality of the Site and Services, 3ZenX in its sole discretion may impose limits on your ability to apply to Job Listings or to other 3ZenX services.
You acknowledge that prior to submitting an application through 3ZenX Apply, you are responsible for reviewing and confirming that you are applying to your desired Employer. Once you provide information to an Employer (whether in the form of a job application, resume, email, interview material or otherwise), 3ZenX does not have control over the Employer’s use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. Unsubscribing from calls from Employers through 3ZenX does not apply to interviews you have already scheduled. If you require alternative methods for applying, you must approach the Employer directly to request such alternative method, as 3ZenX is not responsible for the Employer application process.
When you ask 3ZenX to submit your application or other information through 3ZenX Apply, you are sending Your Resume and application information to 3ZenX , and you are requesting and authorizing 3ZenX to make available such application information to the applicable Employer(s) for the indicated Job Listing(s). You further agree to 3ZenX ’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. When you ask 3ZenX to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via 3ZenX Apply or 3ZenX ’s relay system, or store such application, you understand that this is without warranty, and that 3ZenX reserves the right to reformat such application or message. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through 3ZenX being processed and analyzed by 3ZenX according to this Agreement and 3ZenX ’s Privacy Policy.
You acknowledge and agree that Employers may request that 3ZenX assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to 3ZenX into one document, and you agree that in doing so, 3ZenX assembles these application materials on your behalf. When you apply to a job using 3ZenX Apply, 3ZenX will attempt to send your application to the contact information provided to us by an Employer or their Agent, which may include sending your application to an Applicant Tracking System (ATS) or other service provider selected by the Employer. You agree that Employers can enable such service providers to access and manage their 3ZenX accounts, including by connecting to and integrating with APIs provided or used by 3ZenX . By applying for a job through 3ZenX , you agree to Employer’s use of such service providers, and acknowledge that such use may involve an intermediary’s access to job applications sent to its Employer client. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. 3ZenX also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. 3ZenX depends on the Employer or the Employer’s agent to provide 3ZenX with the correct destination for all applications, and we cannot vouch for the validity of the contact information provided to us by Employers. If the electronic destination provided to 3ZenX is incorrect, your application materials will not be sent to the intended recipient of the application. Further, 3ZenX does not guarantee that the interface will be error-free. However, 3ZenX may alert you when any of the above events occur.
Please note that Job Ads may expire between the time you submit your application and from the time it is received. 3ZenX has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad’s expiration, and 3ZenX and its third party providers may store your application and related information regardless of whether a Job Listing has been closed or is no longer available on the Site. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to ATSs. Third party sites, including ATSs used by Employers, may disclaim liability for technical malfunctions, including the failure in the delivery of applications. We are not responsible if an ATS rejects or fails to deliver an application to an Employer for any reason. If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored by 3ZenX on 3ZenX ’s or third party providers’ servers, do not use the 3ZenX Apply or 3ZenX relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through 3ZenX . By using the 3ZenX Apply system, you fully consent to the above.
By using 3ZenX , you agree that 3ZenX is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that 3ZenX does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that 3ZenX does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Employers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable data protection or privacy laws. Employers are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You must contact the Employer if you require alternative methods of screening. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. 3ZenX cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. 3ZenX does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. 3ZenX cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. 3ZenX recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. 3ZenX does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.
By using 3ZenX Apply and answering screener questions, you acknowledge that Employers may have instructed 3ZenX to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that 3ZenX has no discretion in the transmission of these rejections. 3ZenX may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing 3ZenX to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. These notices are automatically sent after a period of time selected by the Employer, unless the Employer indicates to 3ZenX their interest in your application. You acknowledge and agree that 3ZenX has no discretion in the sending of these messages, and that any such messages are solely a result of the Employer’s decision to activate Employer Assist and to not take an action on your application on 3ZenX within the time period selected by the Employer. Any interactions the Employer has directly with you and not through a tool provided by 3ZenX (for example, calling or emailing you directly instead of through an 3ZenX Relay Service) are not visible to 3ZenX , and would not by themselves prevent an Employer Assist rejection notice from being sent. 3ZenX assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of any Employer Assist notices.
By using 3ZenX Apply and answering screener questions, you acknowledge that Employers may have instructed 3ZenX to schedule interviews with Job Seekers who meet criteria (based on information the Job Seeker has provided to 3ZenX , such as answers to screener questions, resume, and 3ZenX Assessment Responses) that the Employers have selected, and based on the Employers’ availability. You agree that 3ZenX has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the availability or criteria the Employer provided to 3ZenX may not be accurate. 3ZenX may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately your and the Employer’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time.
When you search for jobs on the 3ZenX Job Search app and proceed to apply for a job, including jobs on third party sites, 3ZenX may suggest information from your 3ZenX profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.
For Job Seekers located in Japan, you acknowledge that when 3ZenX is presented as 3ZenX Agent (hereinafter referred to as “3ZenX Agent Japan”), 3ZenX is acting as an employment placement business provider (as defined under applicable law). 3ZenX Agent Japan offers the services in accordance with these terms and the rules set forth in its website. 3ZenX Agent Japan will only send you Job Listings that 3ZenX Agent Japan determines may be of interest to you. You may also end your relationship with 3ZenX Agent Japan at any time.
You acknowledge that as part of its efforts to combat fraud and spam, 3ZenX may require that users verify their email address. When you apply to a job through 3ZenX , you agree that you may be required to verify your email address, and that failure to verify may lead to your application being rejected.
4. Job Matching and Recommended Jobs
Job matches are recommendations which may be presented to both you as a Job Seeker and to Employers in various formats on the Site. For example, 3ZenX may recommend Job Ads which are similar to jobs to which you recently applied, or recommend Resumes to Employers which match Job Ads they post. Job matching is provided to you on a beta basis and is subject to our Beta Program (see section 9 of the Terms of Service for All Users).
To generate matches, 3ZenX uses data collected through our Site from both Employers and Job Seekers. This includes Job Ads, Your Resume, your application materials (including responses to screener questions), 3ZenX Assessments, and your activity on 3ZenX (such as searches you run and Job Ads you click on and apply to). You agree and consent that 3ZenX may use this information to present potential matches to you and to potential Employers.
3ZenX may automatically send you recommended jobs via the email address you use to apply to a job or the email that is associated with your 3ZenX account.
5. Communications and Other Actions on the Site
When you view, send, store or receive communications or materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) on or through the Site, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other 3ZenX policies, content moderation, and to improve the Site or any other 3ZenX product or service whether via automated means or otherwise.
When an Employer views, sends, stores or receives communications or materials through or using the Site, 3ZenX may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. 3ZenX may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online, recently active, or active on 3ZenX , and you hereby consent to 3ZenX taking such actions. As part of this functionality, you may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site, 3ZenX Apply, 3ZenX Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through 3ZenX . 3ZenX disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
3ZenX may offer you the opportunity to receive a text message interview reminder from 3ZenX when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the 3ZenX consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. 3ZenX will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone, including messages sent by automated telephone dialing system. You acknowledge that if the words “automated,” “automatic,” or similar words are used on the Site in connection with calls or text messages, these words do not refer to the generation or storage of a phone number. 3ZenX only calls the number that you generated and stored when you provided your number to 3ZenX . In the event you change your phone number, you agree to promptly update your 3ZenX account with the new number. You agree that by providing your phone number or using the Site, you are establishing a business relationship with 3ZenX and that 3ZenX may send you text messages in connection with that relationship.
3ZenX may offer you the ability to utilize a text messaging relay service to facilitate contact for the purpose of submitting applications and for other communications related to Job Listings (“Text to Apply”). 3ZenX may also offer you the ability to utilize a QR scanning service to facilitate contact for the purpose of submitting applications and for other communications related to Job Listings (“Scan to Apply”). To use Text to Apply, a Job Seeker must text an Employer’s preset keyword (“Keyword”) to a telephone number which may be included in the Employer’s advertising materials, such as a sign, flyer or other materials or items that Employers display which contain a Keyword and phone number or QR code (“Sign”). To use Scan to Apply, a Job Seeker must scan the QR code displayed on a Sign. You agree that 3ZenX is not responsible for the content or placement of any Sign. By texting Keyword to the telephone number, you are consenting to receive text messages about the Employer’s Job Listings. You understand that a Keyword or QR code may be inactive or unavailable when you text the phone number or scan the QR code. You also understand and agree that messages and data rates may apply as a part of your use of Text to Apply. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to send or receive such text messages. You represent and warrant that you are the subscriber and primary user of the telephone number from which you use Text to Apply. You acknowledge and agree that when you text the assigned Keyword to the phone number provided, 3ZenX shall respond with a text message containing a link showing the sponsored Job Ads that the Employer has associated with Text to Apply, as applicable.
3ZenX may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by 3ZenX . Your standard calling rates with your phone provider will apply.
3ZenX may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Once an Employer has your contact info, you agree that 3ZenX is not responsible or liable for the manner in which the Employer uses the info. 3ZenX may group messages together as part of a conversation on 3ZenX Messages. This is done as a courtesy, and some messages related to the same conversation may not be grouped together. When communicating with an Employer through 3ZenX , the Employer sender’s information may be displayed in different ways, for example, you may see the Employer’s company name or the name of the specific person sending the message, but you may not see all that info in all circumstances. If an Employer sends an email to multiple recipients (e.g. by adding additional aliased email addresses to the cc field in a third party email client), this may affect the way messages on 3ZenX are displayed. In this case, it is best to view the email conversation in the third party email client. Should you choose to send an email from a third party email client, the person with whom you are communicating may be able to see your email address, rather than the alias.
3ZenX may enable chatbots, which allows you to take certain actions on the Site, such as apply to a job, schedule an interview, or otherwise interact with the Site, Employers, or Job Listings on our Site (“Chatbot”). You understand that the Chatbot is an automated service that does not involve human interaction. It is your responsibility to ensure the accuracy and completeness of information submitted through the Chatbot. 3ZenX is not responsible for any loss, damage or inconvenience arising as a consequence of the use (or inability to use) the Chatbot or from the information you submit via the Chatbot.
3ZenX reserves the right to turn on or enable chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that chat or other communication options are available for a particular job or Employer. For example, you may see an option to chat with an Employer before applying to certain jobs. Whether or not you see that option depends on many factors, including whether the Employer turned on that functionality and the Employer and/ or Job Listing meet certain requirements. 3ZenX may, in its sole discretion, turn off or disable chat for any Employer or Job Seeker at any time without prior notice.
If you have turned on browser push notification and wish to turn them off, you may do so by visiting the settings on your browser. If you have turned on mobile push notifications and wish to turn them off, you may do so through your mobile device.
It is possible to create an 3ZenX account with a phone number only and no email address (“PNO Accounts”) in certain countries. If you create a PNO Account, you understand and agree that there are limitations to using such an account. Such limitations include the following: (i) if you forget your password, you may not be able to recover it or regain access to your PNO Account and the data contained in your PNO Account, (ii) if you change your phone number, you will lose access to your PNO Account if you do not change the phone number on your PNO Account before you lose access to your old number and (iii) you can only create a PNO Account if you have a WhatsApp account.
To unsubscribe at any time from non-transactional WhatsApp messages connected to your PNO Account, reply STOP by WhatsApp to the relevant message. DUE TO THE UNSTRUCTURED CONVERSATIONAL FORMAT OF THIS SERVICE, WE MAY NOT RECOGNIZE OTHER UNSUBSCRIBE ATTEMPTS. Please note that since PNO Accounts depend on the functionality of third-party providers, there may be technical issues on the part of those providers. We cannot vouch for the technical capabilities of any third parties to send or receive WhatsApp messages. You represent and warrant that you are the subscriber and primary user of the telephone number registered on your PNO Account. 3ZenX accepts no liability regarding phone numbers in PNO accounts being recycled or Job Seekers losing access to such phone numbers.
3ZenX Interview Updates and Recruiter Invitations
If you have consented to receiving text messages with updates (i) about upcoming interviews scheduled on 3ZenX (“3ZenX Interview Updates”) or (ii) from Employers interested in Your Resume (“Recruiter Invitations Messages”), the terms in this paragraph apply to you. 3ZenX Interview Updates may include confirmation messages, messages reminding you about 3ZenX Interviews and messages regarding cancellations. You can cancel the 3ZenX Interview Updates and Recruiter Invitations Messages at any time by texting “STOP” to the relevant short code. If you want to unsubscribe from both categories of messages you must text “STOP” to both short codes. After you send the text message “STOP”, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive 3ZenX Interview Updates or Recruiter Invitations Messages (as applicable). If you want to join again, sign up as you did the first time and we will start sending the relevant messages. If you are experiencing issues with the messaging program you can reply with the keyword “HELP” for more assistance, or you can get help here. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent by you to 3ZenX , and by 3ZenX to you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. Virtual Communications
Employers may offer you the opportunity to participate in virtual, pre-recorded, and remote communications using 3ZenX products, including but not limited to, 3ZenX Interview, 3ZenX Hiring Platform, Virtual Evaluations, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). You understand that 3ZenX is not a telecommunications service provider and that 3ZenX is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. 3ZenX does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. 3ZenX is not liable for any claims arising out of your use of Virtual Interviews and you release 3ZenX from any such claims.
You understand that 3ZenX does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Further, Employers are responsible for any accommodations you need during Virtual Interviews.
NOTICE – Virtual Interviews May be Recorded: You understand that an Employer may enable the recording of a Virtual Interview or you may be given the option to pre-record an interview to provide to the Employer. You agree to respect any notification (visual, audio, or otherwise) which may indicate that recording is enabled by or on behalf of an Employer on Virtual Interview. If you do not agree to be recorded, you must refrain from pre-recording an interview or you must immediately leave the Virtual Interview. By using Virtual Interviews, you agree that the Virtual Interview may be recorded and that 3ZenX and third party providers can store, access and analyze the recording. Also, you agree that an Employer that receives pre-recorded interviews or activates the recording function, can access, store, use, analyze, and share the recording, and that this activity is outside of 3ZenX ’s control. YOU FURTHER AGREE THAT 3ZenX IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF THE RECORDING OF VIRTUAL INTERVIEWS, AND YOU RELEASE 3ZenX FROM ANY SUCH CLAIMS.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, 3ZenX IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. 3ZenX ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT 3ZenX DOES NOT ASSUME ANY RESPONSIBILITY FOR AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT 3ZenX DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.
1. Screening Tools
3ZenX may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. 3ZenX is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by 3ZenX . The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”.
3ZenX does not act as an employment agency by offering screening tools. By using screening tools, you acknowledge and agree that 3ZenX is not procuring employees for Employers or procuring opportunities to work for Job Seekers. 3ZenX merely provides a tool enabling Employers and Job Seekers to exchange information as they determine. The sole responsibility for the content of any screening tools, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of screening tools, is solely with Employers or Job Seekers as applicable.
You further acknowledge that only the Employer is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. While 3ZenX is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and 3ZenX does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law.
8. 3ZenX Assessments
3ZenX Assessments is an online tool for the provision and review of skills assessments selected by Employers (“Assessments”) and responses from Job Seekers (“Responses”) through the Site. Employers may use the 3ZenX Assessments tool to send you Assessments, to which you may provide Responses. After you provide a Response, the Employer will be able to use the 3ZenX Assessments platform to review the Response.
An Assessment only evaluates a particular skill. It does not evaluate a Job Seeker’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by the Employer sending the Assessment and reviewing your Response. Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer. An Employer is the sole party to determine whether a Response indicates a qualified Job Seeker. Employers may have instructed 3ZenX to send out rejection notices if you have not responded to Assessments in a manner acceptable to the Employer, and you acknowledge that 3ZenX has no discretion in the transmission of these rejections. The Employer is the sole party to determine whether to consider any retaken Assessments as part of their hiring process.
You acknowledge and understand that Employers (or their employment agencies) select which Assessments to associate with their job openings, and that 3ZenX does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment. 3ZenX may provide a means by which you may request and receive additional time on Assessments. 3ZenX may provide a means by which you may request such an alternative method or other accommodation from the Employer; 3ZenX does not guarantee the Employer’s receipt of, or response to, any such request. While 3ZenX is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and 3ZenX does not warrant that the method of delivery of any Assessment question is compliant with the Americans with Disabilities Act or any equivalent or similar law. You agree that 3ZenX is not responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law, and that the responsibility for offering any such alternative method lies solely with Employers. If you require an accommodation, or any alternative method(s) of Assessment, screening or application, you must indicate it to the Employer.
You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You therefore agree to keep the content of Assessments and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with an Employer about an Assessment they have sent to you and your Response.
3ZenX does not have any obligation to screen any Assessment or Response, or to include any Assessment or Response on the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice. Assessment links sent to you may continue to be active after an Employer has paused or closed their job campaign on 3ZenX . Once an Employer pauses or closes their Job Ad (for example, after the Employer has made a hire), 3ZenX cannot guarantee that the Employer will view any related notices or updates, including Assessments, Responses, and accommodation requests. You may still choose to take the Assessment for the purpose of adding its results to your 3ZenX Profile or for another job application.
3ZenX may also offer you the option to select an Assessment to complete independent of a particular job, and your Response will be associated with your 3ZenX Profile. You may choose whether the Response is available to Employers viewing your 3ZenX Profile, though 3ZenX will count the Response for purposes of generating aggregate Response statistics even if Your Response is hidden.
You may be invited to choose to automatically share your Responses to specific Assessments with other employers who request the same skills test from you in the future as part of the job application process. Note that this is a completely separate preference from sharing settings on your 3ZenX Profile, which only controls whether your results are available on your 3ZenX Resume. If you choose to automatically share your Responses to specific Assessments with other employers who request the same skills test from you as part of the job application process, you acknowledge that 3ZenX has no discretion in the transmission or storage of the Assessments Responses you choose to share automatically, and that transmission or storage is not guaranteed.
As a Job Seeker, you consent to your Responses, applications, and any other communications sent through 3ZenX Assessments being processed and analyzed by 3ZenX according to this Agreement and 3ZenX ’s Privacy Policy. You are requesting and authorizing 3ZenX to make your Response available to the Employer providing the Assessment, or (in the case of Assessments selected by you) to any Employer viewing Your 3ZenX Profile. You understand that this is without warranty, and that 3ZenX reserves the right to display or reformat Responses in a manner to permit Employers to review your Response together with Responses from other Job Seekers. 3ZenX may aggregate the results of all Job Seeker-selected Assessments for the purpose of displaying the percentile for Your Response. If there are multiple versions of the same Assessment, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Assessment. You also acknowledge that once you have requested that 3ZenX transmit your Response to an Employer, that request cannot be canceled. 3ZenX does not guarantee that any Employer will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, 3ZenX may alert you when any of the above events occur.
As a Job Seeker, you shall not create or send any Response which: (i) contains any highly confidential personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country; (ii) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing); or (iii) directly or indirectly violates the Site Rules.
3ZenX does not act as an employment agency by offering the 3ZenX Assessments tool. By using 3ZenX Assessments, you acknowledge and agree that 3ZenX is not procuring employees for Employers or procuring opportunities to work for Job Seekers. 3ZenX merely provides a tool enabling Employers and Job Seekers to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of 3ZenX Assessments, is solely with Employers or Job Seekers as applicable.
As a Job Seeker, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer.
3ZenX is not a third party beneficiary of or liable for any agreements between an Employer and Job Seeker, regardless of whether or not 3ZenX receives a fee from the Employer in connection with the transaction. 3ZenX will not be liable for any costs or damages arising out of or related to such transaction.
3ZenX assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the 3ZenX Assessments tool, and any Assessment or Response.
If you are Job Seeker resident in Germany, the limitation of liability as set out above shall be replaced in its entirety by the following:
3ZenX ’s obligation to pay damages shall be limited as follows:
· (a) For damages caused by a breach of a material contractual obligation, 3ZenX shall only be liable up to the amount of the typically foreseeable damage at the time of entering into the contract; 3ZenX shall not be liable for damages caused by a breach of a non-material contractual obligation.
· (b) The limitation of liability as set out above under (a) shall not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries nor to any liability under the German Product Liability Act and in case of any further mandatory liability. Furthermore, it shall not apply if and to the extent 3ZenX has assumed a guarantee
9. Career Services
3ZenX may offer you resume review, resume scan, offer coaching, live video consulting sessions, writing services, general career guidance, or other consultation services (collectively, “Career Services”). By using Career Services, you request and consent that 3ZenX , or an 3ZenX vendor, provide you with the service you select. You may only use Career Services for advice concerning your own resume, offer, or employment situation and not another person’s. As a user of the Site, 3ZenX may also, from time to time, provide you career or hiring guides via blog posts, email, or other channels as part of its services to you. For example, 3ZenX may provide tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired. 3ZenX offers these Career Services as optional guidelines for its users and all liability with respect to actions taken or not taken based on the contents of such Career Services are hereby expressly disclaimed.
When filling out forms associated with Career Services, you agree to provide complete and accurate information. Any information you upload through the forms, including a resume, constitutes User Content and shall be treated in accordance with any User Content sections herein. Any career-related or hiring-related information, feedback, guides or other content provided by 3ZenX , or 3ZenX ’s vendor, through Career Services or otherwise, is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services (unless otherwise expressly noted by 3ZenX in services such as 3ZenX Agent in Japan). You understand that 3ZenX may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, 3ZenX is not acting as a job placement agency or staffing firm (unless otherwise expressly noted by 3ZenX in services such as 3ZenX Agent in Japan). You are responsible for reviewing any career or hiring-related information provided to you, for example, for accuracy and completeness. You are also responsible for editing the information before you use it, for example, for an employment application. 3ZenX is not responsible for the accuracy or completeness of any information that 3ZenX or its vendor provides you. You understand that by using Career Services or referring to or using any career or hiring information, you are not guaranteed job interviews, job placement, assurance of being hired, or a higher salary or increased benefit, and you take full responsibility for use of these services or information.
3ZenX owns all rights in Career Services and other career and hiring-related material that 3ZenX provides you, such as video feedback and hiring tips. By using Career Services, 3ZenX grants you an express, non-exclusive, non-assignable, and non-sublicensable right and license to use materials developed by 3ZenX or 3ZenX vendors for you. This license is limited to personal and non-commercial use and any further use is prohibited.
3ZenX may offer, as part of Career Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of 3ZenX and that 3ZenX is not responsible for the content of any such discussion or any actions taken or not taken based on the contents of such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. 3ZenX does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, 3ZenX will have no liability arising from any discussion you have with such a third party. Further, the live video service functionality in Career Services utilizes a video platform created by the third party, Whereby. By using any feature of Career Services that involves live video services, you agree to Whereby’s privacy policy.
Career Services Payment, Cancellation, and Termination. To the extent that you use a paid Career Services offering, you shall be charged as indicated on the Site. Subject to the limited cancellation rights described below, refunds (if any) are at the absolute discretion of 3ZenX and only in the form 3ZenX finds appropriate in its sole discretion. You acknowledge and agree that any credit card, bank account, and related billing and payment information that you provide to 3ZenX may be shared by 3ZenX with companies who work on 3ZenX ’s behalf, such as payment processors.
Consumer’s Right to Cancel
The following cancellation provision is applicable only to Job Seekers who are residents of British Columbia and Newfoundland and Labrador, Canada and who have purchased a Career Services offering: You may cancel your purchase of Career Services from the day you enter into the contract until ten (10) days after you receive the services. You do not need a reason to cancel. If you do not receive the services within thirty (30) days of the date stated in the contract, you may cancel the contract within one (1) year of the contract date. Any acceptance of delivery beyond the thirty (30) day threshold forfeits such rights. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial consumer affairs office. If you cancel your purchase of Career Services, 3ZenX shall have fifteen (15) days to refund your money. To cancel, please contact 3ZenX , Inc. at career-services@3ZenX .com.
Termination
3ZenX may cancel all or part of Career Services or we may suspend your access to Career Services at our sole discretion, at any time, with or without prior notice. If you wish to terminate your use of Career Services, you may do so at any time. 3ZenX may also, in its sole discretion, refuse to offer Career Services to anyone, without providing a reason.
10. Salary and Other Information Provided by 3ZenX
3ZenX may provide salary and other information and content to users for informational purposes only. For example, 3ZenX may provide you with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by 3ZenX is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. Please note that all salary figures displayed on 3ZenX are approximations based upon multiple third party submissions to 3ZenX , including from 3ZenX affiliates. These figures are given to 3ZenX users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
3ZenX , in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on 3ZenX ”. Employers may also request that 3ZenX add such labels. 3ZenX shall determine the method by which such labels or badges are determined or which Employers qualify. The lack of a label or badge may indicate that 3ZenX does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and 3ZenX does not guarantee the accuracy of such data. 3ZenX may add labels or badges to Job Ads – such as pay types, specialties, benefits, or union associations – based on data contained within the job description for informational purposes only. 3ZenX does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads, including data on Job Ads.
3ZenX may also display publicly available information about employers on Company Pages. Information on Company Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. 3ZenX assumes no responsibility, and disclaims all liability for the content, accuracy including the translation of any user generated content which is translated using Google Translate API, completeness, legality, reliability, or availability of any Company Page. Please contact the Employer for the most accurate and up-to-date company information.
11. Your Job Seeker Data
As a Job Seeker, you take a variety of actions on our Site and you provide various information. For example, you search for jobs, and 3ZenX knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on 3ZenX , and any other information you provide directly to 3ZenX including desired salary, past experience, any information in your 3ZenX Profile, and any of your other behavior on the Site. You know exactly what this data is because you are the person who provided the information or undertook the activity and the data pertains only to your activity. By using 3ZenX , you acknowledge and agree that 3ZenX collects, records, processes, analyzes, and stores any and all information you provide and activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, 3ZenX may collect certain information about you and any actions taken by you during your visit using automated means, such as via API, cookies and web beacons. The information collected includes, for example, information about Job Listings you viewed and job applications you started and completed. An Employer who provides tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that 3ZenX has no control over such an Employer or its website. You agree to 3ZenX ’s use of, and receipt of information from, any such tracker functionality.
If you have an 3ZenX account or a Job Seeker Resume, you agree that 3ZenX may associate this data with your 3ZenX Profile and use this observed factual data to suggest jobs to you and to suggest you or your Searchable resume to Employers that might be interested in a person who matches your behavior on 3ZenX . You also agree that 3ZenX may contact you based on this observed behavior or provided info on behalf of Employers or 3ZenX itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, 3ZenX may publicly display the fact that you have recently used the 3ZenX Site to correspond with a third party. In addition, if you set Your Resume to Searchable, this means that 3ZenX may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set Your Resume to Not Searchable. When you make changes to your 3ZenX Profile, including, but not limited to, updating, deleting, or changing settings on Your Resume, it may take a few days for the changes to be reflected.
You may have the opportunity to provide 3ZenX with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status (“Demographic Information”). By choosing to provide your Demographic Information, you agree that 3ZenX may use it to evaluate and improve our products, and share aggregate summaries of job seeker information with employers. If you do not want your Demographic Information to be used in this way, do not provide it to 3ZenX (or, if you have already provided your Demographic Information to 3ZenX , you can request it be removed). You further acknowledge and agree that another Job Seeker’s Demographic Information is personal information, and to the extent permitted by law you waive any right to request or view Demographic Information pertaining to any other Job Seeker.
Please note that 3ZenX may be required to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that 3ZenX may receive legal process from courts or law enforcement to reveal user data, including demographic data.
12. 3ZenX Hiring Platform
3ZenX Hiring Platform is a platform designed to streamline Employer hiring and employment decision- making processes by allowing users access to various products such as 3ZenX Interview and related services (“3ZenX Hiring Platform”). Employers may offer you the opportunity to participate in hiring activities that might be supported by 3ZenX Hiring Platform. You acknowledge and understand that Employers select the method and manner that 3ZenX Hiring Platform will be used for its job openings and that the Employer determines the job requirements and specific needs of its hiring efforts. YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYER INDEMNIFIES 3ZenX AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER’S USE OF 3ZenX HIRING PLATFORM OR SIMILAR PRODUCTS. 3ZenX DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER’S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. 3ZenX has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that 3ZenX is not an employment agency by offering 3ZenX Hiring Platform and related tools. By using 3ZenX Hiring Platform, you understand that 3ZenX is not procuring employees for Employer or opportunities for Job Seekers. 3ZenX merely provides 3ZenX Hiring platform as a tool that enables Employers and Job Seekers to exchange information as they determine.
13. Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere. Despite the application of Irish law, if you are a consumer resident in the EU, you also enjoy the protection of the mandatory provisions of the law of the country in which you have your habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
14. Class Action Waiver
By using the Site or any Program Elements (defined below) and in return for the services offered by 3ZenX , you acknowledge that 3ZenX can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and the Publisher Program, you agree not to sue 3ZenX as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against 3ZenX regarding your use of the Site. Additionally, as a Job Seeker, you acknowledge that your use of job search, 3ZenX Apply, and other free services on the Site is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of the bargain allowing your free use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 12 above.
B. Terms of Service for Employers
The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. You further agree that the Terms of Service for All Users also apply. For the avoidance of doubt where the Terms of Service for All Users overlap or conflict with the Terms of Service for Employers, you agree that the Terms of Service for Employers will govern.
For purposes of this Section B of the 3ZenX General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer or other user as described above.
1. Employer Accounts
When you create an 3ZenX account, a Company Page or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings” or “Job Ads”) on the Site, whether as part of the 3ZenX Ads Program or otherwise, you agree that this Agreement (including the Data Processing Agreement ), the terms associated with any 3ZenX service you are using, and all of 3ZenX ’s policies, including the 3ZenX Privacy Policy and Cookie Policy, apply to you.
When you create an 3ZenX account, 3ZenX may require that you verify your identity through a third party service called ID.me. By using ID.me, you are submitting your identification documents for verification through 3ZenX to ID.me, you are agreeing to share your identification and identity with ID.me, and you agree that ID.me is solely responsible for any collection, use, or loss of data you provide, including the capture or storage of any biometric identification or biometric identifiers. 3ZenX does not collect any biometric information or biometric identifiers, or receive any biometric information or biometric identifiers from ID.me.
When you access or use the Site in your capacity as an employee or other representative of an Employer, or if you create an 3ZenX account on behalf of an Employer, you represent and warrant that you have the authority to bind the Employer to this Agreement. When you create an account on behalf of an Employer, the account belongs to the Employer, and you acknowledge that any and all information that you provide 3ZenX through the account, such as the actions you take and when you take them, will be visible to the Employer.
As an Employer, your account is for business use and not for personal use. 3ZenX is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an 3ZenX account, you agree to receive mandatory email updates regarding account activity to your 3ZenX account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms. Employers may request that 3ZenX disable an account at any time by contacting the Employer Help Center. Please note that 3ZenX may be required to preserve business records pertaining to that account to comply with its obligations under law. Alternatively, if an Employer agent wishes to access or delete their Personal Data held by 3ZenX , they should follow the steps listed in the “Your Personal data rights” section of this Privacy Policy.
In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admins”) of an Employer account invites other users to the same account. Admin(s) can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site, such as accessing account data, including candidate Personal Data, contained in the account of the user who initiated the invite, or purchasing services from 3ZenX under such account. If you are an Admin adding a user to a Role or several Roles, you represent to 3ZenX that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless 3ZenX from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, such as: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. When using a Linked Account, any users with access to certain Roles may also have the ability to purchase 3ZenX products under your account, and you agree that you are responsible for the payment of all such purchases made. If you accept another user’s invitation to link your Employer account to their Employer account, you acknowledge that any and all information about your activity in your Employer account, such as the actions you take and when you take them, will be visible to all linked users. Linked Account users will not be able to see your activity, such as your job searches, applications or preferences or your 3ZenX Profile information, contained in your Job Seeker account. You may visit your account settings at any time to unlink your account. The Admin assigned to an Employer account may also unlink any user from that Employer account at any time, and may be notified if your Linked Account is used to login from too many devices.
If your 3ZenX employer account has a credit card on file to pay for one 3ZenX product or service, 3ZenX may charge that card for any additional products or services you order.
You agree that 3ZenX may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. 3ZenX cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that 3ZenX bears no responsibility for doing so. 3ZenX makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
3ZenX may offer suggestions, recommendations, or information to users that may support or improve their experience on 3ZenX Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools offered therein, including your decisions regarding your job description, the requirements for your job, compliance with applicable laws, including relevant federal, state, and local laws related to job postings, and whom you interview or hire. 3ZenX assumes no responsibility and disclaims all liability for any actions you take based on any information provided by 3ZenX . 3ZenX may limit your ability to post a job, or the visibility of your job, if it does not appear to indicate a salary above minimum wage, wage transparency laws, or does not comply with other applicable law; however 3ZenX is not responsible for, and you are solely responsible for, compliance with minimum wage and other legal requirements.
2. Employer Services Including 3ZenX Apply and Screener Questions
You also agree that, as a service to Job Seekers, 3ZenX may activate its 3ZenX Apply relay function for use in connection with your Job Listings, and that any Job Seeker may indicate interest in Job Listings through 3ZenX Apply, and that 3ZenX will send applications to the email address you provide. You also agree that 3ZenX may activate a chatbot, which enables Job Seekers to apply to your Job Ad by answering questions. The answers a Job Seeker submits are presented to you as a job application. When you use 3ZenX candidate management tools, including but not limited to your Employer Dashboard, or by activating the 3ZenX Apply relay function for your Job Listings, you acknowledge and agree that 3ZenX may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resume and rejecting a candidate. You agree that if you use such candidate management tools, 3ZenX may assemble the candidate’s application materials, resume, answers to screener questions, assessment responses and other information the candidate provides to 3ZenX into one document or webpage. You further agree that 3ZenX is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention, reporting requirements or other applicable law. By using these tools you consent to any information shared through 3ZenX being processed and analyzed by 3ZenX according to this Agreement and 3ZenX ’s Privacy Policy. 3ZenX may store such information regardless of whether a job vacancy has been filled. Candidate Summaries may be provided by 3ZenX for certain Job Seekers in the Candidate Details page. These Summaries are populated with information from the Job Seeker and information provided by you in the Job Description. Candidate Summaries are not a recommendation for employment. Employers agree to review the full application and not to use such summaries as the basis for employment decisions.
You are responsible for the contents of your emails, application form, screener questions or their format, criteria you set for inviting candidates to interview, Company Pages that you create, update, or manage any Job Listings that you post, and any messages that you send through 3ZenX Apply or otherwise, and agree that 3ZenX is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that you are solely responsible for compliance with applicable law for all content on the Site, including minimum wage requirements, wage transparency laws, or any other law. If you close or change any Job Listings that you post, you agree to promptly update such Job Listings on 3ZenX or otherwise notify 3ZenX . 3ZenX may provide you with a mechanism for responding to requests for accommodations from Job Seekers. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Seekers.
You agree that 3ZenX may reject or remove any Job Listing or any questions for Job Seekers for any or no reason. For example, 3ZenX may remove any Job Listing or question that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing or question specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing or question implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing or question that directly or indirectly discriminates against Job Seekers or otherwise violates applicable law. 3ZenX further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.
In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, such as an offer letter, to a Job Seeker through 3ZenX ’s relay functions, do not use the 3ZenX relay functions and please contact the Job Seeker via another method. When using the 3ZenX Apply function, 3ZenX will attempt to send applications to the contact information provided to 3ZenX by you, however, 3ZenX has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify 3ZenX for any damages resulting therefrom.
Should you post any Job Listings for Job Seekers in any country (including but not limited to Japan) where the cross-border transfer of personal data is regulated (such as requiring user consent), you warrant and agree that you will not cause or allow a cross-border transfer of personal data from 3ZenX to you that violates or is contrary to the applicable data protection laws. For example, you will take such actions to ensure that any resultant job applications and other personal data to be sent or directed to your designated contact information (including an Applicant Tracking System (ATS) or other service provider selected by you) either through 3ZenX Apply or other relay functions shall be accessed or received by you at your business location in such country.
When Job Seekers apply or RSVP to your Job Listing, 3ZenX may request that they provide certain demographic information, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status, as well as whether they have an arrest or conviction record (“demographic data”). By using the Program, you agree that 3ZenX may collect demographic data from Job Seekers applying to your Job Listing, and that 3ZenX may use it to evaluate and improve our products. You further agree that you as an Employer have no ability, right, or entitlement to view or access demographic data pertaining to any Job Seeker or related to any employer by any means including civil discovery, subpoena, or any other legal process without their permission. You agree you are solely responsible for complying with all applicable nondiscrimination laws. 3ZenX disclaims any warranty regarding the demographic composition of Job Seekers applying to any particular job.
When you use 3ZenX Apply for your Job Listings, you acknowledge and agree that 3ZenX may add functions into the corresponding 3ZenX Apply emails. In addition, 3ZenX may, on your behalf, send out reminder emails to Job Seekers you wish to interview. 3ZenX may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct 3ZenX to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, such candidates will receive rejection notices and will be set to rejected in your candidate dashboard. You further acknowledge that 3ZenX has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. When you use 3ZenX ’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected.” If you choose such option, you acknowledge that 3ZenX has no discretion in the transmission or storage of rejection notices.
Similarly, you may be given the option to use candidate management tools that schedule interviews on your behalf with Job Seekers who meet criteria you have selected. If you choose such option, Job Seekers will be scheduled for interviews and invited to interviews on your behalf via email based on whether information the Job Seeker has provided to 3ZenX (e.g., answers to screener questions, resume, 3ZenX Assessment Responses) matches criteria you have set. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You further agree that 3ZenX has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the information the Job Seeker provided to 3ZenX may not be accurate. 3ZenX may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately the Employer’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time, and by scheduling such interviews, 3ZenX does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to 3ZenX is accurate. 3ZenX candidate management tools are intended to allow Employers to more efficiently connect with Job Seekers as they determine, and the sole responsibility for the content of any screener question, any decision to proceed or not proceed with interview or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of candidate management tools is solely with the Employer. By using this and other candidate management tools, you acknowledge and agree that 3ZenX is not procuring employees for Employers or procuring opportunities to work for Job Seekers, and that 3ZenX does not act as your employment agency by offering these candidate management tools.
You agree that 3ZenX may take action to try to identify and reduce spam applications, including by imposing a cover letter requirement for applicants. 3ZenX does not verify the identity of any Job Seekers who apply to your job listing, nor does 3ZenX know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that 3ZenX Apply and 3ZenX ’s relay functions are presented to you without warranty and 3ZenX assumes no responsibility for the communications between you and the Job Seeker, which communications are your and the Job Seekers’ sole responsibility.
By using any automated phone screen product, you agree that you are requesting 3ZenX to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by 3ZenX . You also agree that you are only asking 3ZenX to record the Job Seeker’s answers to your screening questions and that 3ZenX will forward you the recording of the answers to your questions. You consent to 3ZenX listening to and analyzing the recording in accordance with 3ZenX ’s Privacy Policy, as well as to 3ZenX providing the recording to third parties to aid in analysis or quality of the product. 3ZenX disclaims all warranties with regards to the transmission or storage of such phone screens and responses, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
You shall indemnify, defend and hold harmless 3ZenX , its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you. 3ZenX may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at 3ZenX ’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any 3ZenX product, 3ZenX reserves the right to suspend or terminate your use of that 3ZenX product as well as any other 3ZenX product as set out in the IO for that product, including but not limited to those 3ZenX products where you do not have an unpaid invoice or account balance. 3ZenX may elect to apply (i) penalties for late payment as per the maximum interest permitted by law and (ii) any reasonable expenses and attorney fees 3ZenX incurs collecting such late payments.
When you view, send, take action on, make a decision regarding, store, or receive materials (including Job Listings, resumes, applications, pre-recorded interviews, and messages) through or using the Site or any Applicant Tracking System (“ATS”), 3ZenX may, for any purpose, use any data of such materials or action for data analysis, quality control, or to refine the Site or any other 3ZenX product or service (including to provide better search results and other Job Listings for Job Seekers and Employers), whether via automated means or otherwise. 3ZenX may also inform the Job Seeker of your actions or activity related to such materials through or using the Site or any ATS. For example, 3ZenX may notify the Job Seeker about your activity or action related to a Job Ad (such as pausing or closing it), or Job Seeker’s application or Resume (for example, that you viewed or responded to it, or that you made a decision with respect to it). and you hereby consent to 3ZenX informing the Job Seeker about such actions and activities.
3ZenX , in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on 3ZenX ”. Employers may also request that 3ZenX add such labels. 3ZenX shall determine the method by which such labels or badges are added or which Employers qualify. The lack of a label or badge may indicate that 3ZenX does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and 3ZenX does not guarantee the accuracy of such data. 3ZenX does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads based on employer provided data, including data on Job Ads. 3ZenX reserves the right to change or remove such label or badge features at any time and in 3ZenX ’s sole discretion.
If you access or use any 3ZenX Application Programming Interface (API), including accessing and using the Site or any of the 3ZenX Apps or any Applicant Tracking System (ATS) through an API, you agree to be bound by this Agreement, the 3ZenX API Terms, 3ZenX Privacy Policy, the Site Rules, and any additional rules and policies made available by 3ZenX . YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE ANY API AT YOUR OWN DISCRETION AND RISK AND THAT 3ZenX DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF ANY 3ZenX API. It is your responsibility to regularly review any 3ZenX App or the Site for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about 3ZenX ’s products and services. By using an API, rather than directly using the Site or an 3ZenX App, you agree to all information provided on the Site or an 3ZenX App. Use of an Application or ATS via an API, rather than direct use of the Site or an 3ZenX App, shall not excuse any lack of information or understanding about 3ZenX ’s products and services where that information is otherwise provided on the Site or an 3ZenX App.
Your use of a third party developer to build an integration with an ATS: Should you appoint or otherwise utilize a third party developer to develop an integration with an ATS , you shall ensure that you and the third party developer comply with all applicable Data Protection laws (including, inter alia, the execution of data processing agreements) in the development of the ATS integration. When you use the 3ZenX API through a third party developer to develop an integration with an ATS you shall be fully liable for the actions / omissions of the third party developer and the ATS you choose to use. You shall also ensure that all personal data (including disposition data) transferred to 3ZenX via the integration takes place in compliance with applicable Data Protection laws, for example, obtaining consents from and providing notices to data subjects (as applicable) as well as implementing relevant agreements where required by such laws. You shall indemnify and hold harmless 3ZenX against any claim or actions brought by a data subject arising from or related to Your use of the API and/or your use of a third party developer and their use of the API.
You acknowledge that as part of its efforts to combat fraud and spam, 3ZenX may require that users verify their email address, including Job Seekers applying to your job. However, email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses.
You further acknowledge that compliance with any governmental record-keeping requirements, such as the Office of Federal Contract Compliance Programs’ (OFCCP) internet applicant record-keeping rule, is your sole responsibility.
3. Job Match
Job matches are recommendations which may be presented to both you as an Employer and to Job Seekers in various formats on the Site. For example, 3ZenX may recommend Resumes which match Job Ads you have posted, or recommend Job Ads to Job Seekers which are similar to jobs to which they have recently applied. Job matching is provided to you on a beta basis and is subject to our Beta Program (see section 9 of the Terms of Service for All Users).
To generate matches, 3ZenX uses data collected through our Site from both Employers and Job Seekers. This includes Job Ads, Resume, application materials (including responses to screener questions), 3ZenX Assessments, and user activity on 3ZenX (such as searches run and Job Ads clicked on and applied to). You agree and consent that 3ZenX may use this information to present potential matches to you and to potential Job Seekers.
4. Salary, Applies or Other Information Provided by 3ZenX
3ZenX may provide some information and content to users for informational purposes only. For example, 3ZenX may provide Job Seekers with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job listing, or provide you with estimated applies to your Job Listing. All such figures provided by 3ZenX are estimates given for informational purposes only, may come from a third party, and they are subject to change or varying levels of accuracy. If you are participating in the 3ZenX Ads Program and your Sponsored Job advertising budget is set on a per-apply basis, you will be charged based on 3ZenX ’s determination of Apply count as reflected in your employer dashboard and not based on the number of applies that may be provided to Job Seekers for informational purposes only. 3ZenX may add labels or badges to Job Ads – such as pay types, specialties, benefits, or union associations – based on data contained within the job description. These are for informational purposes only and 3ZenX does not guarantee the accuracy of any label or badge. 3ZenX may also include salary estimations on pages other than Job Listings on the Site.
Please note that all salary figures are approximations based upon multiple third party submissions to 3ZenX , including from 3ZenX affiliates. These figures are given to 3ZenX users for the purpose of generalized comparison only. 3ZenX may also provide data regarding impressions in relation to your Job Ad. Such figures are provided for informational purposes only, are subject to change at any time, and 3ZenX does not guarantee their accuracy. 3ZenX reserves the right to change the method of measuring such figures at any time.
3ZenX may offer job post templates for informational purposes only. By using any of this content, you adopt it as your own and are responsible for making it true, appropriate and compliant with all applicable laws. All content provided by 3ZenX , including template job post information and estimated applications for a given job posting, is for informational purposes only, may comprise or be based on information provided by third parties, is provided without warranty, and is subject to change and varying levels of accuracy. Estimated applications are not a guarantee of future performance.
5. Screening Tools
3ZenX may make available to you screening tools for your use for candidates who apply to your job, including screener questions, phone screen tools and assessments. 3ZenX is licensing these tools to you for your use as you determine. By using any screening product, made available to you by 3ZenX , you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by 3ZenX . You agree you are solely responsible for the use of such screening tools in compliance with the law, such as: the Fair Credit Reporting Act and similar state statutes; applicable employment, equality or anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other similar federal, state, and local laws; and any applicable data protection or privacy laws. You agree that an Assessment is only designed to evaluate a particular knowledge, skill, or ability. It does not evaluate a Job Seeker’s qualification for any job nor their ability to safely perform a job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by you. You agree to use an Assessment in combination with other selection and hiring processes to measure only those knowledge, skills or abilities and/or other characteristics that are 1) job-related and 2) required for a candidate’s first day on the job. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Seekers. 3ZenX shall direct Job Seekers who reach out to 3ZenX with an accommodation request to you via the contact information you provided to 3ZenX , and you are responsible for monitoring your inbox for such requests.While 3ZenX is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and 3ZenX does not warrant compliance with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify 3ZenX for any and all claims arising out of your use of a screening tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar law, or that your use of any screening tool results in a “disparate impact.”
3ZenX may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing 3ZenX to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. To prevent a rejection notice from being sent, you must indicate your interest in the application on 3ZenX . Any interactions you have directly with a Job Seeker and not through a tool provided by 3ZenX (for example, calling or emailing a Job Seeker directly instead of through an 3ZenX Relay Service) are not visible to 3ZenX , and will not prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist then you must interact with a Job Seeker through a tool provided by 3ZenX to prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist, candidates with whom you do not interact within your chosen time frame will receive rejection notices, and you agree to indemnify 3ZenX from any claims arising therefrom. You further agree that 3ZenX may notify Job Seekers about the estimated time frame during which they may expect to hear back from you based on the time frame you choose in Employer Assist.
6. Communication through 3ZenX
You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site, 3ZenX Apply, 3ZenX Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through 3ZenX . 3ZenX disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
3ZenX may mask or hide contact information, such as phone numbers and email addresses, and substitute it with an alias. For example, 3ZenX may mask Job Seeker contact information from resumes or applications. 3ZenX may also mask your email address or phone number, and Job Seekers may see an alias email address or phone number when they communicate with you. You agree to a Job Seeker contacting you from a masked phone number or email. If you contact a Job Seeker from a masked phone number and you do not leave your contact information, after the masked number expires, the Job Seeker may not be able to contact you by phone unless you have provided your actual contact information to them. Once a Job Seeker has your contact info, you agree that 3ZenX is not responsible or liable for the manner in which they may use the info.
3ZenX may group messages together as part of a conversation on 3ZenX Messages. This is done as a courtesy, and some messages related to the same conversation may not be grouped together. When communicating with a Job Seeker through 3ZenX , the Employer sender’s information may be displayed in different ways, for example, it be may be displayed as the Employer’s company name or the name of the specific person sending the message, but you or the Job Seeker may not see all that info in all circumstances. If you send an email to multiple recipients (e.g. by adding additional aliased email addresses to the cc field in a third party email client), this may affect the way messages on 3ZenX are displayed. In this case, it is best to view the email conversation in the third party email client. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias.
If you, or anyone on your behalf, send or receive communication on or through the Site (including by sending or receiving communication to/from an email address aliased by 3ZenX and/or by using a different email address from the one associated with your account), you agree to the communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other 3ZenX policies, content moderation, and to improve the Site or any other 3ZenX product or service.
Specifically, if you post a Job Listing directly on 3ZenX , applications are sent only to your 3ZenX dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Job Seeker has not answered screener questions correctly, although these applications will be sent to your 3ZenX dashboard. 3ZenX reserves the right to turn on or enable chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that chat or other communication options are available for a particular job or Employer. For example, you may be eligible to enable pre-apply chat to certain Job Listings. To remain eligible for pre-apply chat, you must respond to Job Seeker communication in the amount of time identified on the Site. 3ZenX may, in its sole discretion, turn off or disable chat for any Employer or Job Seeker at any time without prior notice.
If you use Text to Apply, you agree that you are requesting that 3ZenX respond to Job Seeker text messages sent through Text to Apply, on your behalf. When a person texts the assigned Keyword to the phone number provided, 3ZenX shall respond with a text message containing a link to the sponsored Job Ads that you have associated with Text to Apply. You acknowledge and agree that only sponsored Job Ads may be displayed and that use of Text to Apply or Scan to Apply is a benefit to sponsoring Job Ads. 3ZenX may, in its sole discretion and without prior notice, (i) suspend or terminate your use of your Keyword and require you to choose an alternative Keyword or (ii) terminate your use of and access to Text to Apply and Scan to Apply. 3ZenX may do so for any or no reason, including for the following reasons: (i) if you choose a Keyword that infringes third party intellectual property rights, (ii) if 3ZenX is notified of any violations of our SMS provider’s terms of service or (iii) if a Sign violates any of 3ZenX ’s terms. When promoting Text to Apply or Scan to Apply, please note that Job Seekers will need to have or create an 3ZenX account to complete any application. A disclaimer noting this requirement should be included in any signage promoting Text to Apply or Scan to Apply.
You agree that you are solely responsible for the Sign placement and all Sign content including any text, QR code or design elements. Furthermore, you acknowledge and represent that your Sign and its contents do not infringe any third party rights (including copyright or trademark) or contradict any obligations you may have under an existing contract with a third party. You agree to remove or update any Sign upon 3ZenX ’s request. By using the 3ZenX name, trademarks, or logos (“3ZenX Marks”) in connection with any Sign or marketing materials, you agree to the 3ZenX Scan/Text to Apply License Terms. All uses of the 3ZenX Marks shall be subject to the 3ZenX Trademark Usage Guidelines as may be provided to you from time to time. The Sign and any text messages that a Job Seeker sends constitute User Content and shall be treated in accordance with any User Content sections herein.
You may cancel the Text to Apply or Scan to Apply service at any time. To do so, remove any Signs and inform your 3ZenX Sales or Customer Success Representative. It may take a few days to process your request, and you agree that during that time persons who send Keywords to the designated phone number may continue to receive text messages. You understand that any Keywords, phone numbers or QR codes associated with your account may no longer be available to you upon cancellation. You agree that 3ZenX is not responsible for connecting you with Job Seekers via Text to Apply or Scan to Apply once you cancel those services.
7. Virtual Communications
3ZenX may offer you the option to manage virtual and remote communications with Job Seekers within 3ZenX products, including but not limited to, 3ZenX Interview, 3ZenX Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). Services may include giving you access to scheduling, video conferencing, web conferencing, meeting rooms, pre-recorded videos, pre-recorded audios and other collaborative services offered by third-party telecommunications service providers. You understand that 3ZenX is not a telecommunications service provider. 3ZenX disclaims all warranties with regards to the transmission of virtual communications. 3ZenX does not guarantee (1) availability of such services at the time You attempt to initiate them (2) the quality of such services, or (3) the dates or times you’ve arranged with Job Seekers for your Virtual Interview. Further, 3ZenX does not verify the identities or qualifications of Job Seekers with whom you arrange Virtual Interviews.
You are solely responsible for offering alternative methods of communicating or interviewing for individuals with disabilities, if so required by the Americans with Disabilities Act or any similar law.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, 3ZenX IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. 3ZenX ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT 3ZenX DOES NOT ASSUME ANY RESPONSIBILITY FOR AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS.
YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT 3ZenX DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.
Upon your request, 3ZenX may extend invitations to additional representatives at your company to join Virtual Interviews. You understand and agree that 3ZenX will extend such invitations on your behalf based on the email addresses you provide for those representatives but 3ZenX is not responsible for inaccuracies in the contact information you provide. Further, 3ZenX is not responsible, and you are solely responsible for the conduct or actions of your representatives. You represent that you have the authority to bind your additional representatives to 3ZenX ’s Terms, and by extending invitations to your representatives, you are binding them to 3ZenX ’s Terms.
You understand that 3ZenX is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. 3ZenX is not a party to your Virtual Interviews and is not a participant in any arrangements you make with Job Seekers. You are responsible for any requests for accommodations from Job Seekers. For example, if a sign language interpreter is requested, it is your responsibility to provide one if you are legally obligated to.
Recording Virtual Interviews: As an Employer, you may be presented with an option to enable recording of Virtual Interviews. You acknowledge and agree that you will not record, store, or analyze Virtual Interviews without permission from Job Seekers and all participants. By recording a Virtual Interview, you represent and warrant to 3ZenX that you have secured all necessary consent and will comply with all applicable laws, including state and federal law regarding consent to record interviews and phone calls. By choosing to record Virtual Interviews through 3ZenX , you agree that third-party providers and 3ZenX can store and access the recording. However, you agree that 3ZenX is not obligated to store or retain any recording of a Virtual Interview. YOU FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD 3ZenX HARMLESS FROM ANY ALLEGATIONS, CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) THAT ARISE FROM THE RECORDING OF VIRTUAL INTERVIEWS.
Virtual Evaluations: You shall only use the recordings and other information obtained through Virtual Evaluations for your internal hiring purposes. You shall not use Virtual Evaluations for any illegal, discriminatory or fraudulent purpose. As part of Virtual Evaluations, you will submit or approve interview questions which 3ZenX will share with candidates. You agree that the interview questions are part of your application process and determined solely by you. 3ZenX may provide you with the ability to directly invite candidates to participate in Virtual Evaluations or you may instruct 3ZenX to automatically invite candidates who meet your selection criteria, for example, all candidates who submit an application through 3ZenX . You acknowledge and agree that you are solely responsible for your use of Virtual Evaluations, including how you decide which candidates shall be invited to participate in Virtual Evaluations, who you decide to contact after the Virtual Evaluation has been completed and any employment related decisions that you make. 3ZenX does not act as your employment agency by offering you the Virtual Evaluations service. A candidate’s Virtual Evaluation video will only be deemed complete and submitted to you when the candidate approves the submission through the Virtual Evaluations tool. 3ZenX reserves the right to not submit a candidate’s response if a candidate or Employer uses the tool in an abusive manner, which shall be determined in 3ZenX ’s sole discretion. You agree that 3ZenX is not responsible for maintaining or storing any candidate submissions through Virtual Evaluations, and that you are responsible for your own compliance with any applicable record retention requirements. You acknowledge and agree that the video recordings and transcripts associated with Virtual Evaluations will only be retained for a period of one year from the date that the recording is completed by the Job Seeker (“One Year Period”). After the relevant One Year Period, the video recording and transcript will be permanently deleted and you will no longer be able to view or access them. You acknowledge that the Virtual Evaluations video recordings contain personal and confidential information, and you confirm that those you’re sharing the Virtual Evaluations video link with have permission to view the recording. The term User Content as defined in these Terms of Service shall include the content of the interview questions, as well as the content of the Virtual Evaluations video recordings, transcripts and any other information that you or a Job Seeker sends through Virtual Evaluations.
8. Company Pages, Enhanced Profiles, Employer Branding Hub
When you post a Job Ad directly on 3ZenX , 3ZenX and/or Glassdoor may automatically generate for you a Company Page and/or a Glassdoor Profile Page. You understand that 3ZenX may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize 3ZenX to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” (or similar wording) and allows you to edit and add information to the Company Page. Company Pages allow User Content (as defined below) to be posted by individuals that may not be affiliated with the Company identified on the Company Page. Additionally, 3ZenX may include all of your Job Ads posted on the Site on your Company Page, including those posted directly on 3ZenX as well as those indexed by 3ZenX from other sources. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page.
3ZenX may offer 3ZenX Company Pages Premium (“CMPP”) and Glassdoor Enhanced Profile (“EP”) (collectively, “Employer Branding Hub”), which include features accessible only on a subscription basis and may be charged as indicated in an insertion order (“IO”). An IO is a separate agreement between you and 3ZenX that incorporates these Terms. 3ZenX reserves the right to change or remove CMPP or Employer Branding Hub features at any time, in 3ZenX ’s sole discretion. Employer Branding Hub features may include analytics, insights, or other figures, which 3ZenX does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. Use of EP and analytics and review analysis provided by Glassdoor are subject to the Glassdoor Terms of Use, except to the extent of any conflict with these 3ZenX Terms of Service for Employers, in which case these 3ZenX Terms of Service for Employers will govern. 3ZenX is a reseller of Glassdoor products and services, and all invoice and payment processing for such products and services shall be undertaken by 3ZenX and subject to 3ZenX ’s Privacy Policy.
Please note that 3ZenX and Glassdoor host User Content submitted by our users. User Content includes salaries, company reviews, interview reviews, company photos, answers to Q&A questions on Company Pages or Employer Branding Hub, and other materials and content provided by users to 3ZenX and Glassdoor. We moderate User Content using the same standard of review for all employers and do not provide preferential treatment for our customers. You understand and agree that our application of User Content moderation policies, and our decision of whether or not to remove a piece of User Content, is within our sole discretion and cannot form the basis of a violation of this Agreement.
You may cancel your participation in CMPP, EP, or Employer Branding Hub at any time by notifying 3ZenX . Such cancellation is generally effective at the beginning of the next calendar month; if you have prepaid for an annual subscription then cancellation is effective immediately and 3ZenX will provide a prorated refund of the unused subscription term, which may include any discounts as applicable. Except as otherwise indicated on your IO, annual subscriptions will not automatically renew, and need to be renewed each year through an IO. If you purchase an EBH annual subscription that automatically renews, you acknowledge and agree that your subscription will automatically renew and 3ZenX will charge you on a recurring basis until you cancel your subscription and such cancellation goes into effect, which may not be until the next billing cycle. To cancel your EBH annual subscription auto renewal without incurring any charges, email your sales representative and renewals@glassdoor.com no later than 30 days prior to your renewal date. You are responsible for all taxes as applicable and appropriate.
9. 3ZenX Academy
If you or anyone at your company is a member of 3ZenX Academy, your use of the Graduate logos is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate logo to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of 3ZenX , working for 3ZenX , or in any form of co-employment or contractor relationship with 3ZenX . Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and 3ZenX , and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, 3ZenX may remove you from 3ZenX Academy in its sole discretion.
10. HR Management Tools
3ZenX may make human resources management software tools available to employers and their employees (“HR Management Tools”). If you are an employee using any HR Management Tools, you agree that such use is subject to the provisions of this Agreement. You further acknowledge that while 3ZenX is only providing the HR Management Tools for your and your employer’s use, and that 3ZenX accepts no responsibility for such use. 3ZenX does not provide legal advice and cannot guarantee that your employer will configure or use any HR Management Tool to be in compliance with the law. Your employer retains all responsibility for such compliance. If you have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, you must raise them directly with your employer.
11. Governing Law and Dispute Resolution
This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Federative Republic of Brazil, if you are located in Brazil; the laws of the Republic of India, if you are located in India; the laws of the State of Texas, if you are located in the United States; the laws of the Republic of Singapore, if you are located in the Asia-Pacific Region*; the laws of Japan, if you are located in Japan; the laws of England and Wales if you are supported primarily by 3ZenX ’s UK office; the laws of France if you are primarily supported by 3ZenX ’s office in France; the laws of Italy if you are primarily supported by 3ZenX ’s office in Italy; the laws of Ontario, Canada if you are primarily supported by 3ZenX ’s offices in Canada; the laws of Germany, if you are supported primarily by 3ZenX ’s Germany office; or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; Tokyo, Japan if you are located in Japan; London, England, if you are supported primarily by 3ZenX ’s UK office; Paris, France, if you are supported primarily by 3ZenX ’s office in France; Milan, Italy, if you are supported primarily by 3ZenX ’s office in Italy; Province of Ontario, if you are supported primarily by 3ZenX ’s offices in Canada; or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; Tokyo, Japan, if you are located in Japan; London, England, if you are supported primarily by 3ZenX ’s UK office; Paris, France, if you are supported primarily by 3ZenX ’s office in France; Milan, Italy, if you are supported primarily by 3ZenX ’s office in Italy; Province of Ontario, if you are supported primarily by 3ZenX ’s offices in Canada; the laws of Germany, if you are supported primarily by 3ZenX ’s Germany office; or Dublin, Ireland, if you are located elsewhere.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from 3ZenX . If you intend to propound discovery seeking user information from 3ZenX Inc., you agree to do so pursuant to a valid federal, Texas or Texas domesticated request, addressed to and properly served at our registered agent in Texas at 3ZenX , Inc., c/o CT Corporation, 1999 Bryan Street, Suite 900, Dallas, TX 75201. You further agree to submit to the personal jurisdiction of the appropriate Texas state or federal courts for such discovery proceedings.
You also hereby waive any right to a jury trial in connection with any dispute, action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
12. Class Action Waiver
By using the Site and in return for the services offered by 3ZenX , you acknowledge that 3ZenX can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue 3ZenX as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against 3ZenX regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 11 above.
13. Indemnification
You shall indemnify, defend and hold harmless 3ZenX , its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Site or any 3ZenX product, program, or service; (c) your loss of, or disclosure of, information gained from using the Site or any 3ZenX product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that 3ZenX as your agent violated any such laws); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of 3ZenX products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Site or any 3ZenX product, program, or service.
14. Extended Campaign Tools
3ZenX may offer a service to facilitate the coordination of Job Ads within geographically distributed businesses, such as franchises or large companies with many locations, such as 3ZenX Central or Groups (“Extended Campaign Tools”). You acknowledge and agree that using Extended Campaign Tools involves sharing a franchisee’s account information with the franchisor, or sharing a local office’s account information with the corporate headquarters, as applicable. This information may include items such as the number of your business locations or accounts, information about your Job Ads (content, clicks, impressions, etc.), your contact information, and your spend levels. The franchisor or corporate headquarters may request that 3ZenX contact its franchisees or local offices, respectively, by providing 3ZenX with contact information, and may provide the content of Job Ads to 3ZenX for use in connection with Extended Campaign Tools. By using Extended Campaign Tools, you agree to this information being shared, and you represent and warrant that i) all information you provide to 3ZenX is accurate, and ii) you have all necessary right and authorization to provide such information to 3ZenX and to permit 3ZenX to share it in connection with Extended Campaign Tools. You may request that 3ZenX grant access and control of your Extended Campaign Tools account to additional users. You understand and agree that by submitting such requests, 3ZenX will contact the users based on the information you provide (name, email address, and job title) and that 3ZenX is not responsible for verifying the users prior to completion of such requests.
15. Candidate Import
3ZenX may offer a platform that allows you, or someone acting on your behalf or authority (such as a recruitment management service), to upload information about job applicants to 3ZenX and to interact with these individuals and direct 3ZenX to interact with these individuals on your behalf (hereafter “Candidate Import”). To the extent that any information you provide or otherwise make available to 3ZenX through our Candidate Import service includes Client Personal Data (as defined below), you instruct 3ZenX to process such information on your behalf pursuant to this Agreement and any applicable Data Processing Addendum (“DPA”); Client Personal Data and 3ZenX as used in this Section shall have the meanings given to them in the Data Processing Addendum in this Agreement. By using Candidate Import, you instruct 3ZenX to display information about the interactions (including Virtual Interviews which are currently scheduled or were previously conducted) between you or 3ZenX and the job applicants within their 3ZenX accounts, and you represent and warrant that you, and any third party who you have authorized to upload Client Personal Data to the platform, have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, job applicants as required under applicable data protection or other relevant law for you to provide or otherwise make available Client Personal Data to 3ZenX using Candidate Import, and, without limiting the foregoing, (a) no individual whose Personal Data you provide or otherwise make available to 3ZenX using Candidate Import has exercised any right or made any request to you that would prevent or otherwise limit your ability to share such individual’s Personal Data with 3ZenX for processing in connection with this Agreement and (b) all job applicants have consented that their data will be shared with 3ZenX (in accordance with 3ZenX ’s Terms and Privacy Policy) and that 3ZenX may contact them over email as part of your hiring process, including asking them to create an account with 3ZenX . You agree to defend and indemnify 3ZenX for any breach of the foregoing sentence. You also agree that 3ZenX is only responsible for such Client Personal Data, in accordance with the DPA, once it is received by 3ZenX and you are responsible for such Client Personal Data up until such receipt by 3ZenX and thereafter with respect to your use of such Client Personal Data.
C. Terms of Service for Publishers
The following 3ZenX Publisher Program Terms (“IPP Terms”) apply to any Publisher that accesses, participates, or uses the 3ZenX Publisher Program (the “Publisher Program”), or that otherwise indicates its acceptance of these IPP Terms, and set out the terms and conditions applicable to your participation in the Program. Any references to “3ZenX ” shall mean 3ZenX , Inc. For purposes of this Section C of the 3ZenX General Terms of Service, “You” or “Publisher” means any entity identified in an enrollment form or application submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by these IPP Terms.
1. 3ZenX Publisher Program
3ZenX shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Publisher Program or any part thereof. Publishers are ineligible to participate if their web properties do not conform with the terms of the 3ZenX Affiliate Acceptable Use Policy (the “AAUP”). To participate as a Publisher in the Publisher Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to 3ZenX shall be true, accurate and complete.
Publisher acknowledges that by accessing the Site or participating in the Publisher Program, Publisher may come into contact with content (including User Content, as defined below) that it finds harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and Publisher acknowledges that 3ZenX shall have no liability with respect to such content.
2. Publisher Obligations
Any job search results, JobrollTM, pay-per-click advertisements, and any 3ZenX logos or other elements supplied by 3ZenX for use on Affiliates’ websites or websites co-branded by 3ZenX and Affiliate (collectively, “Program Elements”) may only appear on URLs that 3ZenX has reviewed and accepted for participation (“Accepted URLs”). Publisher shall advise 3ZenX of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by 3ZenX from time to time to enable proper delivery, display, tracking and reporting of Program Elements.
Publisher shall label each displayed Program Element with the phrase “Jobs by 3ZenX ”, wherein the word “Jobs” shall be hyperlinked to http://www.3ZenX .com or other 3ZenX website as agreed with 3ZenX and the word “3ZenX ” shall be the 3ZenX Logo Image and shall also be hyperlinked to http://www.3ZenX .com or other 3ZenX website as agreed by 3ZenX . We provide the 3ZenX Logo Image online for your convenience.
Publisher agrees to abide by all terms of the AAUP. Publisher is permitted to use 3ZenX ’s Site and its content solely pursuant to the terms of the Publisher Program. Publisher shall comply with the terms of this Agreement including the Site Rules. Publisher agrees that it is solely responsible for (and that 3ZenX has no responsibility or liability to it or to any third party for) any breach of Publisher’s obligations under these IPP Terms and for any consequences (including any loss or damage which 3ZenX may suffer) of any such breach.
As 3ZenX wishes to prohibit automated entities from following any individual links posted by Publisher, all hyperlinks to 3ZenX ’s site should include the use of rel=”nofollow”. This applies to editorially placed links, links generated by 3ZenX ’s API, or other link mechanisms.
Publisher hereby grants 3ZenX permission to refer to Publisher and its websites in 3ZenX ’s marketing materials, wherever such marketing materials shall appear.
3. Payments to Publisher
Publisher shall receive a commission payment with respect to valid clicks received (as determined solely by 3ZenX and subject to any cap amounts determined solely by 3ZenX ) in relation to Program Elements displayed on Accepted URLs. PUBLISHER ACKNOWLEDGES AND AGREES THAT, IN EACH CASE, THE AMOUNT OF SUCH COMMISSION PAYMENT WILL BE DETERMINED SOLELY BY 3ZenX , IN ITS SOLE DISCRETION, AND THAT SUCH COMMISSION AMOUNT MAY BE SUBJECT TO A CAP, ALSO TO BE DETERMINED BY 3ZenX IN ITS SOLE DISCRETION AND SUBJECT TO CHANGE AT ANY TIME. Publisher also acknowledges and agrees that any billing and payment information that Publisher provides to 3ZenX may be shared by 3ZenX with companies who work on 3ZenX ’s behalf, such as payment processors, solely for the purposes of effecting payment to Publisher and servicing its account. Publisher shall not be compensated for any transactions generated by Publisher or any party acting on Publisher’s behalf. In addition, 3ZenX shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by 3ZenX or if Publisher is in breach of these IPP Terms. In addition and not in limitation to the above, Publisher shall refund the share of that revenue paid to Publisher, if caused by artificial or fraudulent impressions. No dashboard or any other view of any click count shall be considered as contractually binding on 3ZenX . All commission amounts may be subject to an overall commission cap, in 3ZenX ’s sole discretion, and subject to change at any time.
4. Terms of Payment
3ZenX shall pay Publisher within thirty (30) days of the end of each calendar quarter; provided the amount owing to Publisher is at least one hundred US dollars ($100). If the amount owing to Publisher is less than $100, the balance will carry over to subsequent calendar quarters until such time that the quarter-end balance is at least one hundred US dollars ($100). Publisher is solely responsible for providing and maintaining accurate contact and payment information associated with Publisher Account. 3ZenX may withhold any and all payment if Publisher is in breach of these IPP Terms and 3ZenX shall have no further liability to Publisher.
5. Termination
Either party may terminate these IPP Terms and participation in the Publisher Program at any time for any or no reason with or without notice and without liability. If you wish to terminate agreement to these IPP Terms, you may do so by sending a notice by email to support-at-3ZenX dot com or other email address specified by 3ZenX in the case of 3ZenX . All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, confidentiality, warranty disclaimers, indemnifications, and limitations of liability.
Upon termination of a publisher from the Publisher Program, for any reason and by either party, Publisher shall immediately remove all insertion codes and other Program Elements from all pages of its websites.
6. Confidentiality
Publisher shall not disclose 3ZenX Confidential Information without 3ZenX ’s prior written consent. “3ZenX Confidential Information” includes without limitation: (a) all 3ZenX software, technology, programming, specifications, materials, guidelines and documentation relating to the Publisher Program; (b) click-through rates or other performance statistics relating to the Publisher Program provided to Publisher by 3ZenX ; and (c) any other information designated in writing by 3ZenX as “Confidential” or an equivalent designation.
7. Indemnification
Publisher shall indemnify, defend and hold harmless 3ZenX , its agents, affiliates, licensors, and partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of Publisher’s Program use, Publisher Property, site or Publisher Services, or breach of these IPP Terms.
8. Governing Law and Dispute Resolution
These IPP Terms and any dispute arising out of or in connection with these IPP Terms or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these IPP terms and this Agreement, by and under the laws of Federative Republic of Brazil, if Publisher is located in Brazil; the laws of the Republic of India, if Publisher is located in India; the laws of the State of Texas, if Publisher is located in the United States; the laws of the Republic of Singapore, if Publisher is located in the Asia-Pacific Region*; the laws of Japan, if you are located in Japan; the laws of England and Wales if Publisher is supported primarily by 3ZenX ’s UK office; the laws of France if Publisher is primarily supported by 3ZenX ’s office in France; the laws of Italy if Publisher is primarily supported by 3ZenX ’s office in Italy; the laws of Ontario, Canada if Publisher is primarily supported by 3ZenX ’s offices in Canada; or the laws of the Republic of Ireland, if Publisher is located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in: São Paulo, state of São Paulo, Brazil if Publisher is located in Brazil; Bangalore, state of Karnataka, India if Publisher is located in India; Travis County, Texas, U.S.A., if Publisher is located in the United States; The Republic of Singapore, if Publisher is located in the Asia-Pacific Region*; Tokyo, Japan if you are located in Japan; London, England, if Publisher is supported primarily by 3ZenX ’s UK office; Paris, France, if Publisher is supported primarily by 3ZenX ’s office in France; Milan, Italy, if Publisher is supported primarily by 3ZenX ’s office in Italy; Province of Ontario, if Publisher is supported primarily by 3ZenX ’s offices in Canada; or Dublin, Ireland, if Publisher is located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if Publisher is located in Brazil; Bangalore, state of Karnataka, India if Publisher is located in India; Travis County, Texas, U.S.A., if Publisher is located in the United States; The Republic of Singapore, if Publisher is located in the Asia-Pacific Region*; Tokyo, Japan, if you are located in Japan; London, England, if Publisher is supported primarily by 3ZenX ’s UK office; Paris, France, if Publisher is supported primarily by 3ZenX ’s office in France; Milan, Italy, if Publisher is supported primarily by 3ZenX ’s office in Italy; Province of Ontario, if Publisher is supported primarily by 3ZenX ’s offices in Canada; or Dublin, Ireland, if Publisher is located elsewhere.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site, the Publisher Program, or these terms of service, if you are located in the United States.
9. Class Action Waiver
By using the Site or any Program Elements and in return for the services offered by 3ZenX , Publisher acknowledges that 3ZenX can only offer Publisher these services under the terms and conditions as presented herein. As partial consideration for Publisher’s use of the Site and the Publisher Program, Publisher agrees not to sue 3ZenX as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against 3ZenX regarding Publisher’s use of the Site or the Publisher Program. Additionally, as a Publisher, the use of the Site and the Publisher Program is at no charge and Publisher acknowledges that part of the price it is paying to use this Site and the Publisher Program is its acceptance of these terms of service including this Class Action Waiver. If Publisher does not agree to any part of these terms, Publisher should not continue use of the Site, the Publisher Program, or any Program Elements. Nothing in this paragraph, however, limits Publisher’s rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the jurisdiction requirements found in Section 8 above.
D. Terms of Service for All Users
The following terms and conditions apply to everyone who accesses or uses any part of the Site, or attempts to do so, or otherwise accepts this Agreement.
When you access or use the Site, you agree to the terms and conditions of this Agreement. You agree that 3ZenX may perform the activities described in this Agreement, and you acknowledge that otherwise the Site cannot work as intended. You agree not to submit or post any commercial communications to the Site. Using the Site for commercial communications is a violation of this Agreement. If you disagree with any part of this Agreement or you do not wish to authorize the activity it describes, do not use the Site. You agree you have read and acknowledge 3ZenX ’s Cookie Policy and Privacy Policy.
1. When You Use Our Site
By using 3ZenX , you acknowledge and agree that 3ZenX collects, records, processes, analyzes, and stores any and all activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site. This includes: which areas of the Site you visit (including URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. 3ZenX collects this data from everyone using the Site, including users of private browsing mode, “incognito mode,” or similar modes. 3ZenX uses vendors as an extension of the Site to collect, record, process, analyze, and store this data. You authorize 3ZenX to make any connections with wires, lines, cables, or instruments, including with communication systems, that it may decide to make from time to time in connection with operating the Site. You acknowledge that the foregoing is necessary to the operation of the Site.
Occasionally, 3ZenX tests improvements and updates to our Site and services, which may affect various aspects of the Site such as the ad delivery system, audience, ad performance, ad placement, profiles, resumes, resume search, job search, recommendations, alerts, or formatting. You agree that 3ZenX may conduct such tests without notice to you. 3ZenX ’s services and their availability may differ by location, and you should check the Site in your location to see which services are available to you.
3ZenX may offer suggestions, recommendations, or information to users that may support or improve their experience on the Site. These offerings are provided as a courtesy and without warranty, and are based on information provided by other users, and your use of such information is at your own risk. 3ZenX assumes no responsibility and disclaims all liability for any decisions you make, or actions you take, using information obtained through the Site.
2. User Content
Some parts of the Site, or our APIs, allow users to post content or data such as Job Ads, resumes, reviews, information, text, images, audio, video, messages, and other materials. This functionality helps users find information about potential jobs, schools and certifications, employers, and candidates. Any data that a user or other party submits, posts, publishes, displays, or makes available on or through the Site, or otherwise provides to 3ZenX , is called “User Content.” User Content includes Job Ads, Resumes, company reviews, school reviews, certification or license reviews, and messages sent through 3ZenX .
3ZenX is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. 3ZenX does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that 3ZenX has no obligation or liability with regard to publishing, monitoring, or removing User Content. 3ZenX also has no obligation or liability regarding the accuracy of User Content which may be translated on our site through a Google Translate API.
If you provide User Content, it must comply with the Site Rules (below). Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communication besides Job Ads under this Agreement. Your User Content must not be harmful to anyone, especially minors.
You may not post official identification information, such as a social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information on the internet may lead to identity theft for which 3ZenX cannot be responsible.
By submitting a company review or otherwise providing information, ratings, or answers to questions about your former or current employer, you agree that such User Content may be shown publicly on or through 3ZenX and its Site and may include your job title, job location, whether you are a current or former employee, and the date on which you provided the User Content. You agree that 3ZenX assumes no responsibility and disclaims all liability for such User Content, including for any content that you include that may personally identify you. If you do not want your User Content to be publicly visible through 3ZenX or to personally identify you, do not provide such User Content.
3ZenX may monitor and screen User Content and may use it to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. In some cases, if we determine that your User Content or actions have violated our Terms or any 3ZenX policy or are detrimental to other users, we may place restrictions on other accounts that we suspect are affiliated or associated with you. If you believe that any User Content violates this Agreement or our policies, please contact 3ZenX . However, detection methods are not perfect and false positives or false negatives may occur. 3ZenX has no obligation to monitor any particular user or User Content, and 3ZenX makes no guarantee that any particular User Content will be removed.
3ZenX reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that 3ZenX may honor subpoenas, search warrants, law enforcement or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.
3ZenX is an interactive computer service, has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the Site or services for any or no reason. 3ZenX has no obligation to include any User Content in any part of the Site (for example, Job Ads in search results). Whether any User Content violates any 3ZenX policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any material that any party seeks to post on 3ZenX , will always remain within the sole discretion of 3ZenX . You agree that 3ZenX has no liability or obligation to you or anyone else arising from its editorial decisions.
Section 230 of the U.S. Communications Decency Act provides:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
3. License to User Content and Feedback
When you provide User Content you grant 3ZenX a license to use it. Specifically, you grant 3ZenX a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reformat, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the 3ZenX website or its publishers or third party sites, maintaining or improving the 3ZenX website (including without limitation for the purposes of training a model that recommends content to other users), and promoting 3ZenX and such User Content without restriction. No compensation in any form shall be due or payable to you in connection with 3ZenX ’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, 3ZenX ’s exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. 3ZenX shall terminate this licensed use within a commercially reasonable term after User Content has been removed from the 3ZenX website. 3ZenX reserves the right to refuse to accept, post, display or make available any User Content at its sole discretion.
Furthermore, you grant to 3ZenX , its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any 3ZenX marketing materials containing or incorporating such User Content, or (iii) any actions by 3ZenX to promote or publicize such User Content (e.g. Job Listings), such as the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from 3ZenX ’s exercise of its rights pursuant to the license granted hereunder.
You represent and warrant that: (i) you own the User Content that you provide, or that you have the right to grant this license, (ii) your User Content, and 3ZenX ’s use of it, will not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person, and (iii) use of your User Content will not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person by reason of such User Content. You agree to defend, indemnify and hold harmless 3ZenX and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow 3ZenX to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content.
At your discretion, you may provide feedback or opinions about 3ZenX or the Site, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). 3ZenX is free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. If you provide Feedback to 3ZenX , you hereby grant to 3ZenX a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. 3ZenX may disclose any or all Feedback to any third party in any manner, and may sublicense any or all Feedback in any form to any third party without restriction. Accepting any Feedback does not constitute a waiver of any rights to use similar or related ideas previously known to 3ZenX , or developed by its employees, or obtained from sources other than you.
4. Site Rules
When using our Site and services, you agree to these Site Rules and any other rules or policies posted on the Site. Breaking our rules is a material breach of this Agreement and an unauthorized use of the Site.
Do not directly or indirectly:
· Access the Site other than through the web or app interface publicly provided by 3ZenX , or otherwise access systems without express authorization.
· Provide any false, fake, or fictitious information.
· Provide any code or data with the intent or effect of damaging, disrupting, disabling, harming, impairing, interfering with, intercepting, expropriating or otherwise impeding, the Site or any data, program, system, equipment or communication, or that would cause a violation of any applicable law.
· Access any data, especially personal data, without permission.
· Bypass any limitations or suspensions of functionality.
· Interfere with others’ use of the Site.
· Modify, adapt, translate, reformat, resell, frame, or reverse engineer any portion of the Site.
· Remove any copyright, trademark or other proprietary rights notices.
You may not use the Site to:
· Harm anyone or violate the rights of anyone, including the right of publicity, right of privacy, or intellectual property rights.
· Provide false information.
· Transmit or store biometric information or biometric identifiers.
· Promote or encourage illegal activity.
· Promote pyramid schemes, multi-level marketing (MLM) programs, jobs that require payment to start, or any topics we consider detrimental to our users.
· Send unsolicited commercial messages, or any other unlawful communications.
· Imitate or impersonate another person, or create false accounts.
· Send messages to users who have asked not to be contacted.
· Sell personal data.
We reserve the right to monitor all activity on the Site and to not pass on or deliver any message or communication that may be malicious, spam, fraudulent, or unwanted, or for any other reason. This includes attachments of any type, scripts, macros, or any other form of code. You agree the determination of what constitutes spam is in 3ZenX ’s sole discretion. 3ZenX may use data collected through the Site to make such a determination. 3ZenX reserves the right to interact with users through the Site, including to investigate whether users are violating these Rules. 3ZenX reserves the right to turn over any information gathered via such investigations to law enforcement or other third party.
You may not use or misappropriate the Site for your own commercial gain. You may not crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, trade or resell any part of the Site, except as expressly permitted by 3ZenX beforehand, in writing. You may not use any automated system or software, whether operated by a third party or otherwise, to violate any of 3ZenX ’s rules. You agree to comply with all applicable laws and regulations, including U.S. or other export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the Restricted Lists below; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using 3ZenX .
“Restricted Lists” means: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls – List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; or (e) Bureau of Industry and Security, Department of Commerce, The Entity List.
5. Accessing External Sites
The Site links to other sites on the internet which are owned and operated by third parties (“External Sites”), for example Employer websites, Applicant Tracking Systems, or promotional websites. Links to External Sites may be found in User Content available through 3ZenX (for example, Resumes or Job Ads). 3ZenX is not responsible or liable for any External Site, including availability or content. Links to External Sites may be removed at any time. Any concerns regarding an External Site should be directed to the responsible third party.
3ZenX has no control over what happens on External Sites. If you visit an External Site and complete a transaction outside 3ZenX , you are entering into an agreement with a third party, alone and at your own risk. You are giving the third party your data directly, and your rights and their obligations are determined by its privacy policies and terms of service. 3ZenX disclaims all liability from anything that may occur when you utilize or transact with such third parties. We are additionally not responsible for any payment that may be asked of you by such third party.
3ZenX may provide you with access to a link on 3ZenX to services or products offered and performed by a third party (“Third-Party Service”). For example, this service may be offered in the form of permitting a Jobseeker to request their own background check or permitting an Employer to request a background check of a Jobseeker. 3ZenX operates solely as a technical conduit, allowing the transmission of background checks sent by a background check Third-Party Service to you. Please note (and you acknowledge) that 3ZenX cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by any background check Third-Party Service to you or to any other 3ZenX user.
If you choose to use the third-party link and its services or products, you are contracting directly with the Third-Party Service, and 3ZenX is not a party to this contract. Further, you agree to fully indemnify and defend 3ZenX for any claims arising out of your use of a Third-Party Service’s services or product provided to you by a Third-Party Service.
The Site may include information provided by third-party APIs, which is subject to additional terms and conditions imposed by those third parties. For example, the Site may include Google Maps features and content, which is subject to the current versions of: (1) the Google Maps/Google Earth Additional Terms of Service; and (2) the Google Privacy Policy. Company Page data from Japan may come from Toyo Keizai Shinpo Inc.
6. Creating and Accessing Your Account
Some areas of the Site require you to register, provide and verify an email address, or create an account. You agree to provide information that is true, accurate, current, and complete. You may not create multiple accounts, or create accounts by automated means.
3ZenX encourages you to enable two-factor authentication (2FA) on your account where available. If you do not enable 2FA, you proceed at your own risk. You are responsible for the confidentiality and use of your username and password, which may not be shared. Your account is accessible by anyone with your username and password and who can answer your verification questions. If someone obtains unauthorized access to your account, they could contact users or take other actions through your account, and 3ZenX ’s ability to respond is limited.
If you change your phone number provided for 2FA or verification, the change may not be reflected everywhere on 3ZenX .com, such as the phone number and opt-ins provided through a Job Seeker Profile. An Employer may still be able to contact you at the number in your Profile, if you have opted in to be contacted on that page.
3ZenX may send you a notice relating to account security, such as informing you that you may have recently interacted with a compromised account. 3ZenX cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that 3ZenX bears no responsibility for doing so. 3ZenX makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
7. Your Contact Information
As part of the Services, 3ZenX may contact you through your 3ZenX account or through other means such as email, telephone (including mobile phone), or postal mail, including with contact information that you may provide to 3ZenX or that 3ZenX may otherwise obtain from third-party sources.
By providing 3ZenX with a phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly agree to receiving calls and texts at that number, including if it is a mobile number.
To stop receiving text messages at any time, reply to the text with STOP or contact 3ZenX Customer Support. DUE TO THE UNSTRUCTURED CONVERSATIONAL FORMAT OF THIS SERVICE, WE MAY NOT RECOGNIZE OTHER UNSUBSCRIBE ATTEMPTS. Texting STOP in response to an 3ZenX SMS alert will unsubscribe you from 3ZenX SMS alerts. However, you may continue to receive texts related to some offerings to which you have subscribed, such as Text to Apply and Hiring Events. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. Please note that replying STOP to any text message would unsubscribe you from text messages only, but you may still receive other communications from 3ZenX .
You may also revoke your consent to receive text messages by terminating the Agreement through closing your 3ZenX account. 3ZenX cannot be responsible for third parties to whom you have provided your phone number.
To stop receiving marketing or commercial emails from 3ZenX , or to manage your email preferences, you may do so by updating your email settings on your 3ZenX account. You may also opt out of marketing or commercial emails from 3ZenX by following the unsubscribe link in our messages.
8. Payment
You will be charged as indicated by the Site.
Advertising
Advertising you purchase may be measured by clicks, RSVPs, applies, impressions, or a subscription or platform fee. Charges are solely based on 3ZenX ’s measurements (such as click count). 3ZenX ’s measurements (such as click count) shall be binding. 3ZenX ’s measurements may be derived from data from third-party vendors, such as publishers.
Subscriptions
Details regarding the subscription or plan are available on the Site at the time of purchase. If you purchase a subscription plan, you acknowledge and agree that your subscription will automatically renew and 3ZenX will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle.
Pausing your subscription does not cancel it. Your subscription will continue to automatically renew after being unpaused. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES UNDER THE APPLICABLE SUBSCRIPTION PLAN. AMOUNTS FOR FUTURE PREPAID UNUSED BILLING CYCLES MAY RESULT IN A PRORATED REFUND OF THE UNUSED BILLING CYCLES, WHICH SHALL BE DETERMINED IN 3ZenX ’S SOLE DISCRETION. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
Billing Policies
Invoices may be provided to you via electronic mail, unless otherwise specified by 3ZenX . To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any 3ZenX product, 3ZenX reserves the right to suspend or terminate your use of that 3ZenX product as well as any other 3ZenX product, including but not limited to those 3ZenX products where you do not have an unpaid invoice or account balance. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card or bank account dispute rights).
Any credit card and related billing and payment information that you provide to 3ZenX may be shared by 3ZenX with companies who work on 3ZenX ’s behalf, such as payment processors and/or credit agencies, for the purposes of checking credit, effecting payment to 3ZenX , and servicing your account. 3ZenX may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. 3ZenX may obtain updated payment information for credit and debit cards through payment card networks, card issuers or other third party sources. 3ZenX may use the updated card information to charge amounts you owe. 3ZenX shall not be liable for any use or disclosure of such information by such third parties. If your 3ZenX account has a credit card on file for one 3ZenX service, we will charge that same credit card for other purchases unless otherwise indicated by you.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same 3ZenX party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable 3ZenX party identified in the first paragraph of this Agreement with respect to such new territory.
If your 3ZenX employer account has a credit card on file to pay for one 3ZenX product or service, 3ZenX may charge that card for any additional products or services you order.
Currency
If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you shall pay all charges in Indian Rupees. If your billing address is in Brazil, you shall pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you shall pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, or US Dollars.
If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, Mexican Pesos, or Japanese Yen. This choice of currencies is subject to 3ZenX ’s approval, which may be withheld in 3ZenX ’s sole discretion.
Taxes
Charges are exclusive of all taxes and VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees 3ZenX incurs collecting late amounts. All withholding tax remittances to the government are your sole responsibility and 3ZenX shall have no liability whatsoever therefor. If you are in Japan, Japanese consumption tax will apply on the import of all 3ZenX products and services.
Refunds
Refunds for 3ZenX services that have already been provided are at the sole discretion of 3ZenX and only in the form of advertising credit. Refunds for unused 3ZenX services that have been pre-paid will be refunded on a prorated basis. Unspent amounts may be first used to pay all outstanding unpaid balances and interest associated with your account.
You agree to pay (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10%, or the maximum interest permitted by law, whichever is lower, and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees 3ZenX incurs collecting late payments.
9. Other Services
3ZenX Apps. “3ZenX Apps” means our downloadable applications available in device application marketplaces, such as the 3ZenX Job Search, 3ZenX Resume Search, 3ZenX Employer, and 3ZenX Job Spotter. This Agreement applies to your use of any 3ZenX App. The legal entity responsible for the 3ZenX App is the one specified in this Agreement, even if the entity identified as the developer on an application marketplace is 3ZenX , Inc.
If you allow an 3ZenX App to use your device’s location service, the 3ZenX App may collect information based on your device’s geographic location. Some location data is linked to your account (for example, “coarse” location data collected by an iOS app). Other location data the 3ZenX Apps collect is not linked to your account (for example, “precise” location data collected by an iOS app) but is still used by 3ZenX .
Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to 3ZenX in accordance with the “Questions or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, 3ZenX ’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
E-Signature. The Site may offer e-signature options, which may be powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you are signing, and your e-signature will have the same force and effect as a manual signature. 3ZenX is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.
Beta Program. 3ZenX may offer beta products or features on our Site, identified by the word “Beta” or “Test” (“Beta Products”). Beta Products may be offered in limited quantities, in limited locations, and for a limited time. 3ZenX may discontinue or cancel all or part of a Beta Product at any time without prior notice to you.
ANY BETA PRODUCT IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS. A PRIMARY PURPOSE OF TESTING A BETA PRODUCT IS TO OBTAIN FEEDBACK ON PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT.
If you have been invited to test a Beta Product, you agree that, unless otherwise specifically provided herein or agreed by 3ZenX in writing, any Beta Product constitutes confidential proprietary information of 3ZenX . You shall permit only authorized users to access the Beta Product. You agree not to transfer, copy, or disclose such confidential information without the prior written consent of 3ZenX .
Algorithmic Content. 3ZenX may make available content created in whole or in part by an algorithm (including “artificial intelligence” and machine learning algorithms), which may be generated in response to information you provide through the Site (“Algorithmic Content”). Algorithmic Content is a Beta Product under this Agreement. You agree that 3ZenX is not the author of Algorithmic Content, which may be provided by a third party. Algorithmic Content is provided “as is” and 3ZenX makes no warranty that Algorithmic Content is appropriate, accurate, inoffensive, unbiased, non-infringing, legal, or safe, and disclaims all liability for Algorithmic Content.
Use of Algorithmic Content is entirely at your own risk. By generating or using Algorithmic Content (for example, by providing content to the Site for the purpose of generating Algorithmic Content, or by adding Algorithmic Content to a job description or resume), you adopt, confirm, and ratify it. You agree to take full responsibility for the Algorithmic Content and its use or misuse, including any inaccuracies, non-compliance with these Terms or the Site Rules, and any harm caused to you or anyone else. You agree to defend and indemnify 3ZenX from any claim arising from your generation or use of Algorithmic Content.
10. Filtering for Minors
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. 3ZenX does not endorse any of the products or services listed on such sites.
11. Use of Site by Minors
The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for 3ZenX to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use 3ZenX under the supervision of your parent, legal guardian or responsible adult. 3ZenX adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements.
12. Questions or Complaints
If you have a question or complaint regarding the Site, please use our 3ZenX Help Center. The 3ZenX Help Center is an External Site provided by Zendesk and subject to the Zendesk cookie policy. Do not include credit card information or other sensitive information in your e-mail correspondence with us. Please note that communications within Zendesk will not necessarily be secure.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210
13. Disclaimer of Warranties
The Site may become unavailable in whole or in part at any time without notice. The Site may rely on third parties to provide services to 3ZenX , such as data hosting or processing vendors, and the Site could unexpectedly malfunction or become unavailable as a result.
To the fullest extent permitted by law, 3ZenX disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the 3ZenX search results (including Jobs Listings) or otherwise made available on the Site by 3ZenX or third parties (including User Content), regardless of whether paid for or used for free. 3ZenX disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by 3ZenX for informational purposes only, including but not limited to, 3ZenX Analytics data like estimated applies or organic traffic, and salary information, or information that may come from a third party. You acknowledge you are not paying 3ZenX for the aforementioned information. 3ZenX disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). 3ZenX does not guarantee that the Site will always be error free, safe, or secure. 3ZenX further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall 3ZenX be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall 3ZenX be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from 3ZenX ’s Site.
3ZenX further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by 3ZenX as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will 3ZenX be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
3ZenX reserves the right to limit or terminate any and all Services and/or access to the Site in specific countries or regions, at any time, due to, or during, times of war, political upheaval or uncertainty, epidemic, pandemic, riot, insurrection, national or regional emergency, terrorism or threat thereof, or civil disorder.
Without limiting the foregoing, under no circumstances shall 3ZenX or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics or pandemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss, fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of 3ZenX .
THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE 3ZenX AND THE SITE AT YOUR OWN RISK. 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY 3ZenX . 3ZenX IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL 3ZenX OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY PERSON ON ACCOUNT OF THAT PERSON’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR ANY LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR ANY LOSS OF OR INTERRUPTION TO THE USER’S BUSINESS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF 3ZenX OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, AND TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID 3ZenX TO USE THE SITE.
If you are resident or located in Germany, the limitation of liability as set out above in this section shall be replaced in its entirety by the following:
3ZenX ’s obligation to pay damages shall be limited as follows:
· (a) For damages caused by a breach of a material contractual obligation, 3ZenX shall only be liable up to the amount of the typically foreseeable damage at the time of entering into the contract; 3ZenX shall not be liable for damages caused by a breach of non-material contractual obligations.
· (b) The limitation as set out above under (a) shall not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries nor to any liability under the German Product Liability Act and in case of any further mandatory liability. Furthermore, it shall not apply if and to the extent 3ZenX has assumed a guarantee.
If you are a Job Seeker located in Japan and subject to the Consumer Contract Act of Japan, and this Agreement constitutes a consumer contract within the meaning of the Consumer Contract Act of Japan, the limitation of liability as set out in this Agreement shall not apply to:
· (a) Full exemption from liability of 3ZenX or its affiliates, or its or their third-party licensors, to Job Seekers for damages arising from or related to use of the Site.
· (b) The partial exemption from liability of 3ZenX or its affiliates, or its or their third-party licensors, to Job Seekers for damages caused by a willful misconduct or gross negligence arising from or related to use of the Site.
15. Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by 3ZenX infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow 3ZenX to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send 3ZenX a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to 3ZenX Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ 3ZenX .com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.
16. Reservation of Rights
You understand and acknowledge that 3ZenX or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. 3ZenX reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of 3ZenX ’s proprietary rights in them.
17. Miscellaneous
This Agreement constitutes the entire agreement between you and 3ZenX , and supersedes and replaces all prior or contemporaneous representations, understandings, and agreements, written or oral. If the Job Seeker Terms, Employer Terms, or Publisher Terms apply to your use of the Site, those terms shall control in the event of an inconsistency or conflict with these Terms of Service for All Users.
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be unenforceable, it shall be reformed to the extent necessary in order for this Agreement to remain in effect.
This Agreement cannot be modified or amended, except by a document signed by an authorized representative of each party. Written or phone communication between you and an 3ZenX employee is not a modification or amendment of this Agreement.
Any notices to 3ZenX must be sent to the applicable 3ZenX entity identified above via certified first class or air mail or overnight courier, and are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages posted to your account interface).
You may not assign or delegate any of your rights or obligations hereunder without 3ZenX ’s prior written consent, and any such attempt is void. 3ZenX may freely assign or delegate its rights and obligations hereunder without notice to you. 3ZenX and you are not in a legal partnership, agency relationship, or employment relationship. When 3ZenX provides the Site or any related services to you, it is solely as an information service provider.
Except as otherwise agreed to in writing, nothing in the terms should be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationships between us and third parties. Any references to such third parties as “partner” does not indicate that such party has any authority to bind us to any agreements or representations on our behalf without our prior written consent.
“Including” means “including without limitation.”
18. Governing Law and Dispute Resolution
This Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Texas, United States. The courts located in Austin, Texas, United States, shall have exclusive jurisdiction of any disputes.
Despite the application of Travis County, Texas law, if you are a consumer resident in the EU, you also enjoy the protection of the mandatory provisions of the law of the country in which you have your habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.
19. Patent Disclosure
Certain elements of the Site and/or 3ZenX Apps are licensed pursuant to one or more of the United States patents described here.
3ZenX Products Terms of Service
Last Updated: May 16, 2023
3ZenX Ads Program Terms
These 3ZenX Ads Program terms (“IAP Terms”) form a part of, and are incorporated into, the 3ZenX Terms of Service, and apply to any Employer who indicates acceptance of these IAP Terms or who:
· posts, uses, edits, claims, or pays for any Job Ad (including starting a campaign on or through 3ZenX ), or
· posts, uses, or pays for any Employer Branding Ads (formerly known as Targeted Ad or 3ZenX Targeted Ads); or
· accesses, uses, or pays for virtual hiring events or 3ZenX Hiring Events program
(collectively, “3ZenX Ads Program” or “Ads Program”). By accessing or using the 3ZenX Ads Program or otherwise accepting these IAP Terms, you agree to these IAP Terms and to the 3ZenX Terms of Service (the “Agreement”).
Any capitalized terms that are used but not defined in these IAP Terms have the meaning set forth in the Agreement.
1. The Program
Use of the 3ZenX Ads Program on or through the Site is subject to all applicable 3ZenX terms and policies, including without limitation the 3ZenX Privacy Policy and those instructions provided on the Site. 3ZenX policies may be modified at any time.
For any job advertisements posted, edited, or claimed, for a payment or for free on or through 3ZenX , including jobs provided to 3ZenX via an XML feed (collectively, “Job Listings” or “Job Ads”), you agree that you are solely responsible for: (a) your Job Ad target URLs and Job Ad content including job descriptions and screener questions, and any other User Content such as photograph(s), videos, images, texts, marks, logo, or audio that you provide to 3ZenX or request that 3ZenX include; (b) websites proximately reachable from target URLs or your Job Ad; and (c) and your services and products. You further agree that you are solely responsible for your Job Ad whether generated by or for you; or whether your Job Ad is reformatted or include the label “Powered by 3ZenX ” or similar labels.
Job Ads, Employer Branding Ads, or ads for virtual hiring events (collectively, “Ad” or “Ads”) may be placed on (a) any content, service, or property provided by 3ZenX (“3ZenX Property”), or (b) on any other content or property provided by a third party (such as TV apps), or third party website, such as mobile apps and entities that participate in 3ZenX ’s Publisher network (“Other Sites”). By posting, including editing or claiming, or paying a Job Ad on 3ZenX , you represent and warrant that you have authority to take such action. By posting, including editing or claiming, or paying for any Ads on or through 3ZenX , you authorize 3ZenX and Other Sites to reformat the Ad, for example so that the Ad can be more effectively displayed on a mobile device, a third party website, or certain locations on the Site. You understand that 3ZenX has limited control over how Ads appear on Other Sites and you accept any risks associated with such Ads appearing on such websites. 3ZenX makes no guarantees and disclaims all liability and warranties as to the content or nature of Other Sites, including mobile apps, on which any Ads may appear.
3ZenX does not guarantee reach, performance, placement of Ads, or distribution on 3ZenX or Other Sites. Performance and placement of Ads may vary depending on 3ZenX ’s consideration of various factors, such as demand, industry, type of role, sponsorship, and other considerations. 3ZenX may also promote Job Ads by select Employers on certain pages or websites dedicated to a specific topic, such as inclusive hiring, military-friendly job posts, or the gig economy. The placement of a Job Ad on a dedicated page or website is not a representation regarding the nature of the role for legal purposes or a representation regarding the attributes of an Employer. The placement, positioning, and size of an Ad on 3ZenX Property or Other Sites is within 3ZenX ’s sole discretion. You agree that if your Ad is placed on Other Site(s), such websites may collect or receive information about your Job Ad and performance thereof. You agree that performance, cost, budget, and other data related to your indexed Job Ad on the Site may be made available to anyone who claims your Job Ad or feed, and it is your responsibility to claim a Job Ad or alert 3ZenX in case of an inaccuracy.
By sponsoring a Job Ad, including as part of a campaign, you agree that you are paying for the advertising of your Job Ad and you are requesting that 3ZenX manage the visibility of your Job Ads on the Site to give your job exposure and better visibility. You are also requesting that 3ZenX manage the visibility of the Job Ads on Other Sites. “Exposure” does not always mean the Job Ad will get a particular spot on a page, or that it will be identified by special wording, but means that it will be placed by 3ZenX in accordance with 3ZenX judgment and discretion to achieve what 3ZenX determines, in its sole discretion, to be the best visibility for such a job and budget. You acknowledge and agree that such management of Job Ads is in 3ZenX ’s sole discretion and is provided without warranty as to how and where 3ZenX shall place such Job Ads. Clicks and other metrics are only used to measure the advertising services that you have purchased from 3ZenX .
You agree that what 3ZenX charges you to sponsor a Job Ad may be measured by each user “click” (a user action that results in a job description being displayed to the user) that such an ad receives, on an apply-start basis, or on a per-apply basis as described below. You agree that 3ZenX has sole discretion to select the pricing metric utilized for your sponsored Job Ad budget, including charging based on a click, apply, or apply-start. You agree that the pricing metric may differ between your Job Ads. For example, a Job Ad may be charged based on clicks, while another Job Ad may be charged on an apply-start basis. When you set a budget to sponsor a Job Ad, charges may be measured by each user click if you set a daily average budget, or by each user apply-start if you set a monthly budget. For pay-per-click Job Ads (like when you set a daily average ad budget), you agree to pay for clicks for Job Ads, including clicks on the Site and Other Sites, and clicks on content related to Job Ads such as in messages and notifications from 3ZenX or third parties. Click, apply, or apply-start prices may vary based on a variety of factors, such as the current supply and demand pertaining to advertisements and clicks, traffic on the Site, time of day, job title, location of job, and other factors. Charges are based solely on 3ZenX ’s click, apply, or apply-start count. 3ZenX ’s click, apply, or apply-start count is binding. You acknowledge that 3ZenX may have limited knowledge and control regarding how clicks are measured on Other Sites or related content (such as messages or notifications) and may need to rely in part on reports generated by Other Sites or third parties.
Employers may be placed into a test group and offered a flat fee (plus taxes, if applicable) for a range of Applies (as specified on the Site) to sponsor a Job Ad over a 30-day period; this test may be offered in limited quantities, in limited locations, and for a limited time. A Job Ad that you sponsor on a flat fee will automatically close either at the end of 30 days or when you receive the specified range of Applies, whichever comes first. After a Job Ad closes, if you decide to continue to sponsor your Job Ad, you must create a new sponsored Job Ad plan and the flat fee offer may not be available or the flat fee price may change based on a variety of factors, such as the current supply and demand pertaining to advertisements and clicks, traffic on the Site, time of day, job title, location of job, and other factors. 3ZenX may offer an estimated range of Applies; this information is based on estimates only and is not a guarantee of future performance or of any particular number of Applies. By sponsoring a Job Ad on a flat fee, you agree that 3ZenX will not issue refunds if you pause your Job Ad before 30 days or if you receive less than the estimated range of Applies. By sponsoring a Job Ad on a flat fee, you further agree that 1) you cannot transfer that sponsorship to another Job Ad or account; and 2) you may not make changes to that Job Ad budget after you submit billing information.
By sponsoring a Job Ad on 3ZenX , you understand that 3ZenX may include services or features that impact your Job Ad campaigns such as automated Job Ad placement and programmatic bid optimization. Any attempt to manipulate Job Ad placement, bidding, or any other part of the Site is a breach of this Agreement. 3ZenX reserves the right in its sole discretion to terminate Employer accounts suspected of such manipulation without notice, and to take corresponding legal action.
By posting, including editing or claiming, or sponsoring a Job Ad on or through 3ZenX , including as part of a campaign or by XML feed: you agree that 3ZenX may and authorize 3ZenX to reformat, display a snippet or portion of, and host (but not change the content of) the Job Ad on an 3ZenX hosted page or Other Sites in any way 3ZenX sees fit or due to technical limitations. You agree to this activity (reformatting and hosting) for all of your Job Ads, including ones you did not directly post on 3ZenX (for example, your Job Ads that 3ZenX indexed, that you had posted on your website or a third party website). When you request or agree to link your Job Ad feed from a third party site to your 3ZenX account, you represent and warrant that you have authority to take such action, and you agree to inform 3ZenX immediately if you notice any inaccuracy. All dashboards will reflect the total click count, including the clicks that open an 3ZenX reformatted or hosted page or Other Sites. In the event you provide 3ZenX with an indication that you are looking to fill your role in a short time period, as determined by 3ZenX , 3ZenX may add a label (such as “Urgent”, “Urgently Hiring” or similar) to your Job Ad. 3ZenX reserves the right to change or remove such a label at any time and in 3ZenX ’s sole discretion. 3ZenX may use words or phrases interchangeably (for example, “Ad”, “Urgently Hiring”, “Paid”, “Promoted”, “Sponsored”, “Urgent” or similar) in connection with a sponsored Job Ad on 3ZenX or Other Sites. You agree that 3ZenX may estimate the compensation associated with any Job Ad and display it to Job Seekers. If you do not want 3ZenX to estimate the compensation associated with your Job Ad, you may provide 3ZenX with the actual compensation.
Job Ads posted directly on 3ZenX , or that have become hosted on 3ZenX , may no longer appear on the Site after a period of time; in some cases, these Job Ads may need to be sponsored to remain visible or become visible again. However, Job Ads indexed, but not hosted, by 3ZenX will expire after a period of time and 3ZenX may not be able to restore their visibility. If you sponsor a Job Ad but do not provide a payment method for your campaign, the job campaign will not begin and your Job Ad will not be visible. 3ZenX may in its sole discretion remove the budget and post the job with organic visibility. To post a Job Ad for free, choose the “post without a budget” (or similar wording) option or decline the offer to sponsor your job. 3ZenX may require sponsorship for the display of any Job Ad at any time for any reason. 3ZenX may recommend, suggest, or require a budget for any Job Ad to maintain or optimize its visibility. The suggestion is made without warranty and is not a guarantee regarding placement or visibility of any Job Ad. If you are located in Japan, you acknowledge that 3ZenX ’s content moderation policies may, in some instances, result in the modification of your Job Ad, and you agree to this activity. If you are an 3ZenX agency partner, you may be eligible to participate in an 3ZenX partnership program. Agency partners in this program may attain the rank of “Gold”, “Silver”, or “Bronze” based on their 3ZenX usage and engagement, measured by revenue. 3ZenX ’s determination of an agency’s rank is made at 3ZenX ’s full discretion and may be revoked at any time.
3ZenX may offer some Employers who sponsor Job Ads or pays for Ads on or through 3ZenX the opportunity to be displayed more prominently, or in an enhanced way, on the Site (“Featured Employer”). Featured Employer is awarded at 3ZenX ’s sole discretion. The ability to receive a Featured Employer designation, generally, is a function of the number of Ads and amount you spend on 3ZenX . The Featured Employer program may be changed or removed by 3ZenX at any time, at 3ZenX ’s sole discretion and without notice.
Pay per Application. 3ZenX may offer an Employer the option to sponsor a Job Ad on a pay per application basis, which may be referred to as “PPA” or “pay-per-apply” or “cost-per-apply” or “cost-per-application” or “CPA” or similar. Employers may be offered pay per application by default, which may include an option to pay a flat fee for a set number or range of Applies (as specified on the Site). Charges are based on applies (“Applies” or “Apply”), defined as either 1) an application to one of your Job Ads delivered by 3ZenX on the Site; 2) applications from Job Seekers whose responses meet the qualification questions you marked as deal breakers; 3) applications you choose to not replace within a certain time frame specified on the Site; or 4) applications from Job Seekers who you contact or initiate contact with via the ways specified on the Site (for instance, by revealing or showing the email or phone number on the application or by messaging, scheduling a call or interview, or interviewing a Job Seeker). If your charges are based on the third option, the number of Applies on your analytics dashboard is updated after the specified time frame has elapsed. For all options, 3ZenX does not verify Job Seeker responses, nor do we confirm the accuracy of responses. An application will be deemed an “Apply” for the purposes of this section regardless of whether a Job Seeker has completed any requested Assessments. 3ZenX may offer estimate number of Applies for a given budget; this information is based on estimates only and is not a guarantee of future performance or of any particular number of Applies. Unless otherwise stated, you agree that you will incur a charge (as specified on the Site) for each Apply you receive until you pause or close your Job Ad. To limit your charges, be sure to specify a limit to the number of applications you would like to receive or promptly pause or close your Job Ad. The campaign for your Job Ad will automatically pause after the number of Applies you have selected are delivered. When a limit to the number of applications you would like to receive is not specified, your Job Ad will automatically pause if your Job Ad reaches at least $1,000 in pending charges. When your Job Ad is paused, it will no longer receive Applies or be visible on or through the Site or Other Sites. You may unpause, pause, or close your Job Ad at any time.
By sponsoring a Job Ad on a pay per application basis, you agree to pay the per application price specified on the Site at the time you sponsor your job. If you edit an existing sponsored Job Ad campaign, you will be charged for any applications you have received up to that point and your price per additional application may change (as specified on the Site). You acknowledge that whenever you start, edit, or change a sponsored Job Ad campaign or plan, the price per application may change based on a variety of factors, such as the current supply and demand pertaining to advertisements and clicks, traffic on the Site, time of day, job title, location of job, and other factors. To post a Job Ad for free, choose the “post without a budget” (or similar wording) option. 3ZenX and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning, accuracy, or the levels or timing of: (i) costs per Apply, (ii) delivery of any Applies, (iii) the interest level of any users who Apply to or view your job.
Pay-per-Started-Application. 3ZenX may set a Job Ad budget, or offer Employers the ability to set a Job Ad budget, on a per-started-application basis, referred to as “pay -per -started -application”, “PPSA” or “pay-per-apply-start” or similar. Charges are based on started applications (“Apply Starts”), which are defined as a user undertaking an activity to begin the application process. This may include, 1) a user clicking on a button or link in a Job Ad or email to start or continue an apply on the Site or on a third party site; 2) a user interacting with a chatbot, QR code, or other method to start an apply related to a Job Ad; or 3) a user clicking on a button or link to schedule an interview, where that step precedes or replaces the application process on the Site.
Apply Start prices may vary based on a variety of factors, including the current supply and demand pertaining to advertisements and clicks, traffic on the Site, time of day, and other factors. You acknowledge that 3ZenX has limited knowledge and control regarding how apply-starts are measured on Other Sites and must rely in part on reports generated by Other Sites. 3ZenX may offer estimates regarding the number of Apply Starts for a given budget; this information is based on estimates only and is not a guarantee of future performance or of any particular number of Apply Starts. The campaign for your Job Ad will automatically pause after the budget you have agreed to has been depleted or when you pause or close your job. 3ZenX and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning, accuracy, or the levels or timing of: (i) costs per start-apply, (ii) the interest level of any users who initiate an Apply Start related to your job; (iii) that a user will complete an application.
3ZenX may offer conversion tracking (“Conversion Tracker”) or disposition sync (“Disposition Sync”) that Employers may install or use. The Conversion Tracker will inform 3ZenX when a Job Seeker completes an application on the Employer website, allowing those applications to appear in the employer dashboard. The Disposition Sync allows 3ZenX to get and receive disposition data from an Employer’s applicant tracking system, helping 3ZenX deliver candidates that are better matched for jobs, allowing 3ZenX to inform candidates of their application/hiring status through 3ZenX , and allowing such disposition data to appear in the respective employer dashboard. Disposition data includes actions taken by an Employer or candidate on an application, such as whether a candidate was contacted, interviewed, rejected, or hired. By installing or using a Conversion Tracker or Disposition Sync you represent and warrant that you shall do so in accordance with all applicable laws, including without limitation that you shall provide users of your website with all necessary disclosures, and obtain any necessary consent or agreement from such users, to permit the Conversion Tracker or Disposition Sync to function in accordance with applicable law, and you agree to defend and indemnify 3ZenX from any failure to do so. The Conversion Tracker and Disposition Sync are provided on an “as-is” and “as-available” basis, and without warranty. 3ZenX disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of the Conversion Tracker and Disposition Sync.
In some instances, you may be able to insert your own tracking pixels in your Job Ad or Ads for the purpose of measuring the performance of your ads. This is provided as courtesy, and 3ZenX may disable this option at any time. You are solely responsible for your use of the pixels, and 3ZenX disclaims all liability related to such use. 3ZenX provides no warranty regarding the proper functioning of the pixel, any numbers reported, or that use of the pixels would be error free. You are advised not to rely on the pixel. Any such tracking pixel, or analytics generated thereby, shall not be used to dispute or challenge 3ZenX ’s click count, which is binding. You agree not to use the information collected using tracking pixels for any purpose other than for measuring the performance of your ads. For example, you may not use the pixel to profile users or for behavioral analytics. To the extent you decide to use such pixels, you agree to be in compliance with all applicable laws, including, but not limited to, privacy and data protection laws implicated by such use. For example, updating your privacy policy where necessary. You agree to defend and indemnify 3ZenX from any claim arising from your tracking pixel.
Employer Branding Ads (formerly known as 3ZenX Targeted Ads). When you sponsor a Job Ad on or through 3ZenX , 3ZenX may include employer branding ad services as part of the services provided to you, and you authorize 3ZenX to provide such services (“Employer Branding Ads”). 3ZenX may also offer Employers the ability to pay for Employer Branding Ads. Employer Branding Ads may appear on the Site, Glassdoor, or on Other author Sites. Employer Branding Ads are also subject to the Glassdoor Terms of Use, except to the extent of any conflict with the 3ZenX Terms of Service for Employers, in which case the 3ZenX Terms of Service for Employers will govern. Target audience membership is based partly on information and criteria provided by the Employer, for example information provided in the Job Ad, but the composition of each target audience is determined by 3ZenX in its sole discretion. For example, 3ZenX reserves the right to decide the frequency or number of times an ad is displayed to members of a target audience. For certain ads appearing on Other Sites, 3ZenX has limited control over the target audience, and you agree that in such circumstances 3ZenX is not responsible for the composition of the target audience. For ads appearing on Other Sites, 3ZenX disclaims all liability and makes no warranties as to the target audience and any related claims, such as claims arising out of or related to individuals who were able to view or not view the Job Ad.
3ZenX Hiring Events. By accessing or using 3ZenX Hiring Events (“IHE”), you acknowledge and agree that you are asking 3ZenX to: 1) post, on your behalf, Job Listings or Job Ads provided by you on the Site, and manage such ad campaign, using information such as the number of RSVPs, 2) include an RSVP function on the Site for a hiring event corresponding with each of your Job Ads or Job Listings (“Hiring Event”), 3) receive from Job Seekers RSVPs to your Hiring Event(s), 4) send to you (and/or other persons you identify) information provided by a Job Seeker who RSVPs to your Hiring Event(s), and 5) communicate (via email or text message) information related to your Event(s) to Job Seekers who have RSVPed to your Event(s). If you request that 3ZenX send you (and other persons you identify) information provided by a Job Seeker who RSVPs to your Hiring Event(s), you certify and warrant that such persons are authorized to receive such information.
You further agree that you are solely responsible for everything regarding your Hiring Event(s), whether participating or hosting, including but not limited to, the content of the Job Listing or Job Ad, screening or screener questions, the handling and safeguarding of Job Seeker information provided to you and/or other persons you identify as authorized to receive information regarding a Hiring Event or a Job Seeker, the Hiring Event location, your attendees at the Hiring Event, or any literature, signage or other documentation at the event. You are responsible for accommodating Job Seeker requests or needs during the interview or application process during the Hiring Event. You represent and warrant that any data you collect from attendees and share with 3ZenX is collected in accordance with local privacy rules. Moreover, you grant to 3ZenX , its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any User Content or 3ZenX marketing materials, or actions by 3ZenX to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engine. You agree that 3ZenX may promote your Job Listing or Job Ad through any method in 3ZenX ’s sole discretion, including on Other Sites, targeted advertising, or using keywords in third-party internet search engines. You further acknowledge and agree that 3ZenX is not responsible for reviewing qualifications, verifying identification, or otherwise screening Job Seekers during each Hiring Event and that you are solely responsible for so doing.
2. Cancellation
Unless otherwise stated in an insertion order or other agreement to advertise with 3ZenX , you may independently cancel online any Ad (for example, any Job Ad or corresponding Hiring Event) at any time. Cancellation is generally effective within 24 hours, and you are responsible to pay all charges resulting from served advertisements during that time period (e.g. any clicks while the advertisement still appeared on 3ZenX or Other Sites). However, if you cancel a Hiring Event, 3ZenX will still bill you in accordance with any pricing listed in a separate agreement (or as otherwise agreed upon by you and 3ZenX ), for RSVPs, clicks, applies or impressions accrued while the Job Ad for that Hiring Event was on the Site, and any platform fee, if applicable. 3ZenX may reach out to Job Seekers to communicate your Hiring Event cancellation.
3ZenX may cancel the Ads Program or these IAP Terms at any time. 3ZenX may modify the Ads Program or these IAP Terms at any time without liability and your use of the Ads Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms.
3. Prohibited Uses
You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) cause the under reporting, or circumvent or prevent the reporting of an application by any means; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your Ad is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant 3ZenX and Other Sites all rights to copy, distribute and display your User Content (“Use”); and (z) such Use and websites linked from your Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms, restrictions on your account, and/or termination of your account without notice, and may subject you to legal penalties and consequences. 3ZenX or Other Sites may reject or remove any Ad, and 3ZenX may disable any Employer’s account, for any or no reason without notice. Although 3ZenX may indicate why a job or account has been removed or disabled, we cannot give every reason why a job or a company may be removed, and we always retain the right to remove any job, organic or sponsored, if we feel it is in our interest or our users’ interest. For examples of why 3ZenX may reject such Job Ads from Employers, refer to 3ZenX ’s Search Quality Policies. By submitting your Job Ad or Ad to or through 3ZenX , you agree that 3ZenX is under no obligation to accept, host, or publish your Job Ad or Ad. That decision is entirely 3ZenX ’s in its sole discretion. The 3ZenX team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review. 3ZenX may require some Job Ads to be sponsored to verify the legitimacy of the Job Ad and/or the Employer, to prevent abuse of the free to post system, to improve our services, or for any other reason in 3ZenX ’s sole discretion. 3ZenX may also limit the number of free Job Ads you are allowed to post at a given time in 3ZenX ’s sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, hard-to-fill jobs, jobs posted by a staffing agency, recruitment process outsourcer, or other recruitment-based company, and any other jobs as determined by 3ZenX . Additionally, 3ZenX may choose not to accept an employer’s XML feed or any Job Ads in an XML feed or via API for any or no reason. If you are a job board as determined by 3ZenX , 3ZenX reserves the right to include or reject any or all of your Job Ads. By submitting Job Ads to or through 3ZenX , you agree that the determination as to whether you are deemed to be a job board is made by 3ZenX in its sole discretion, and such decision is binding, and you agree that 3ZenX is under no obligation to accept, host, or publish your Job Ad. That decision is entirely 3ZenX ’s in its sole discretion. The 3ZenX team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review. For examples of why 3ZenX may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. Except as otherwise stated in the Job Board Inclusion Guidelines, as a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, 3ZenX reserves the right to limit or disable your account. 3ZenX further reserves the right to reject any Job Ads which advertise staffing opportunities or platforms rather than actual jobs. You acknowledge that inclusion of jobs in violation of these guidelines on the 3ZenX Site may harm 3ZenX and its users.
4. Disclaimer and Limitation of Liability
3ZenX ’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR TITLE, NON- INFRINGEMENT, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE 3ZenX , THE SITE, AND THE PROGRAM AT YOUR OWN RISK. 3ZenX DOES NOT GUARANTEE THAT THE SITE OR ADS PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. 3ZenX and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding: (i) costs per apply or per click or per start-apply; costs per impression; or costs per RSVP, click, apply, or impression (ii) RSVP rates, click through rates, apply rates, start-apply rates or impression rates (including any estimate of rates provided in an insertion order) (iii) delivery of any impressions, RSVPs, clicks, start-applys, or Applies on any Publisher Property or 3ZenX Property or Other Site sections of such properties, (iv) clicks, (v) applies, (vi) Apply Starts, (vii) RSVPs, (viii) impressions, (ix) conversions for any Creative, (x) reach of an Ad, (xi) targeted users; accuracy or success of any ad targeting or the size or composition of any audience, (xii) interest in your Job Listing or Ad, (xiii) attendance at your Hiring Event(s), or (xiv) attendees at your Hiring Event(s). The aforementioned disclaimers apply regardless of whether a Job Listing or Ad appears on desktop or mobile. 3ZenX is not responsible for click fraud, fraudulent leads, technological issues, or other potentially invalid activity by third parties that may affect the cost of running Job Ads. CLICKS ARE ANONYMOUS AND 3ZenX HAS NO RESPONSIBILITY FOR CONFIRMING A USER’S IDENTITY. A CLICK ON YOUR JOB LISTING OR AD DOES NOT GUARANTEE INTEREST IN SUCH JOB LISTING OR AD. AN RSVP TO YOUR EVENT(S) DOES NOT GUARANTEE INTEREST IN YOUR JOB AD. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO 3ZenX BY YOU FOR THE JOB ADS OR ADS GIVING RISE TO THE CLAIM.
5. Payment
You shall be charged in accordance with the pricing listed in a separate agreement, the Site, or insertion order between you and 3ZenX .
For Pay per Application and Pay-per-Started-Application, charges are solely based on 3ZenX ’s Apply or Apply Start measurements. 3ZenX ’s determination of the Apply or Apply Start count shall be binding. You will be charged upon the earlier of a) your Ad campaign spending $500.00 or more or b) the beginning of the next calendar month after you sponsor your Job Ad. If you previously purchased cost-per-click Job Ads on the same account, you may also be charged once your Job Ad campaign spends $25.00. You shall be charged based on click count, regardless of whether you set a total budget.
For IHE, you shall be charged based on clicks, RSVPs, applies or impressions (distributed within your budget in 3ZenX ’s sole discretion) and platform fee, if applicable. RSVPs are defined as a user completing the online RSVP form agreeing to attend your Event featured in any Job Ad. However, an RSVP does not guarantee that a Job Seeker will attend such Event.
For non-video ads (also known as display ads), impressions are defined as an ad appearing on a page of the Site or a third party site, including mobile apps, which page has been presented to a user. For non-video ads as well as video ads, impressions may be counted differently depending, in part, on the website(s) on which they appear, since each third party website or service that facilitates displaying ads on such websites may count impressions differently (3ZenX relies on these third parties for measuring impressions). However, in all cases, impression does not guarantee that a Job Seeker has viewed an ad. If you are an Employer using Targeted Ads, your price per impression found on any insertion order is defined as the cost per 1000 impressions. If your insertion order does not contain an end date, you will continue to be billed until you contact 3ZenX to cancel.
If your 3ZenX employer account has a credit card on file for the 3ZenX Ads Program or any other 3ZenX service, we will charge that same credit card for your IHE RSVPs or Targeted Ads, if applicable. Charges are solely based on 3ZenX ’s click, RSVP, apply, or impression measurements. 3ZenX ’s determination of number of clicks, RSVPs, applies or impressions shall be binding.
If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, Mexican Pesos, or Japanese Yen. This choice of currencies will be fully subject to 3ZenX ’s discretion. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees 3ZenX incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all 3ZenX products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights).
Charges are solely based on 3ZenX ’s Apply measurements, click measurements, or impressions measurements. 3ZenX ’s measurements may include measurements from third-party vendors. 3ZenX disclaims warranty with respect to measurements provided by third-party vendors. 3ZenX ’s determination of the number of Applies, clicks or ITA Brand Impressions shall be binding, even in cases where this number encompasses measurements provided by a third-party vendor.
Refunds (if any) are at the absolute discretion of 3ZenX and only in the form of advertising credit for 3ZenX Property. By sponsoring a Job Ad on a flat fee, you agree that 3ZenX will not issue refunds if you pause your Job Ad or if you receive less than the estimated range of Applies. If you are removed from 3ZenX , but have previously spent on 3ZenX , you are not entitled to a refund of previously spent amounts. You acknowledge and agree that any credit card and related billing and payment information that you provide to 3ZenX may be shared by 3ZenX with companies who work on 3ZenX ’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to 3ZenX and servicing your account. 3ZenX may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. 3ZenX shall not be liable for any use or disclosure of such information by such third parties.
All withholding tax remittances to the government are your sole responsibility and 3ZenX shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any 3ZenX product, 3ZenX reserves the right to suspend or terminate your use of that 3ZenX product as well as any other 3ZenX product, including but not limited to those 3ZenX product where you do not have an unpaid invoice or account balance.
6. Indemnification
You shall indemnify, defend and hold harmless 3ZenX , its agents, affiliates, licensors, partners, and Publishers from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Ads Program use, Job Listing, Job Ad, Targeted Ad, User Content, screening or screener questions, Hiring Event, your use of the Site, or Your Services, or breach of these IAP Terms.
3ZenX Resume/CV Search Program Terms
These 3ZenX Resume Search Program Terms or 3ZenX CV Search Program Terms (collectively, “IRSP Terms”) form a part of, and are incorporated into, the 3ZenX Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the 3ZenX Resume Search offering, or that otherwise indicates its acceptance of these IRSP Terms. By agreeing to the IRSP Terms, you also agree to the 3ZenX Terms of Service.
Any capitalized terms that are used but not defined in these IRSP Terms have the meaning set forth in the Agreement.
1. The Program
Use of the 3ZenX Resume Search Program (“Program”) by an individual / Job Seeker who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable 3ZenX best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, on the subscription or plan purchase page, and on the FAQ and information page(s) for the country you are purchasing a subscription or plan for, any or all of which may be modified at any time. You agree and acknowledge that the Program pricing and offerings are subject to change. Purchasing additional subscriptions or plans, or modifying subscriptions or plans may reset the monthly billing date for subscriptions or plans associated with your account, resulting in pro rata charges to account for the new date. If you purchase a new plan in India during the duration of your current plan, the new plan will begin after your current plan ends. You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners, through 3ZenX , for purposes of filling your Job Listings. You shall not use the 3ZenX Resume Search Program for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You are solely responsible for your use of the Program, including but not limited to, how you search for Job Seekers, who you decide to contact, and any employment related decisions you make. Contact information provided by 3ZenX , including any Relay Service email address, is for your individual use only and may not be shared with any other person. You are expressly forbidden from using any product or system intended to extract the information from a Resume, in order to circumvent the Resume contact system. Use of such a product or system will result in your immediate termination from the Program. In addition, as a feature of the IRSP, 3ZenX may send emails to Resume Owners on your behalf indicating that your Job Listing is potentially a match for their resume. In some circumstances, 3ZenX may limit the number and/or frequency of times you may contact a Resume Owner through the Site. For example, if you contact a Resume Owner, and the Resume Owner does not express interest or contact you back, you may not be able to contact them again for a period of time.
IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you are paying 3ZenX the amount indicated on the Site for the purpose of 3ZenX facilitating your contact with a Resume Owner by sending a message to the email address that the relevant Resume Owner has provided to 3ZenX , or by connecting you via phone call to the number provided by the Resume Owner. Your use of the Program is subject to all 3ZenX Site Rules and policies, including the 3ZenX Privacy Policy and any policies pertaining to Relay Services. 3ZenX does not guarantee that the email address is still in use, that such message will be received, read, or acted upon by any potential Resume Owner, or that any Resume Owner’s resume or information thereof is valid, accurate or complete in any respect. 3ZenX may return different results for the same resume search query and has full discretion with respect to the resumes or profiles it presents in response to any particular search. 3ZenX does not allow its Program, including but not limited to, resume contact service to be used in a spam like manner, and you expressly agree not to use the Program service in such manner. 3ZenX defines “spam like manner” as sending requests for job positions to persons who are, as indicated by 3ZenX experience and/or Resume Owner behavior and reaction, unsuited for the role or who have indicated that such requests are unwanted. 3ZenX reserves the right to disable 3ZenX Resume Search contact service for any user who, in 3ZenX ’s sole discretion, violates these IRSP Terms, including the foregoing term. We reserve the right to drop any message, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code, or other messages that 3ZenX suspects to be malicious or spam, or for any or no reason. The only acceptable use of the IRSP is for you to contact a Resume Owner through 3ZenX regarding a Job Listing or potential employment. No other uses of the IRSP are permitted. Scraping the 3ZenX Resume Search database, which may include any Job Seeker Resume, or using the 3ZenX Resume Search database for any other purpose except as allowed will result in legal action being taken against you. We may in our sole discretion place limits on your ability to run searches using Resume Search if we suspect that your use may adversely affect 3ZenX ’s system, you are using the Resume Search in a malicious or objectionable manner, or you have violated this Agreement. Additionally, if you are a competitor of 3ZenX (including but not limited to any job aggregation website or any job posting websites) you may not use the 3ZenX Resume Search database to contact a Resume Owner for the purpose of sending them a job offer from your clients, and any such competitive use of the 3ZenX Resume Search database may result in 3ZenX blocking you from the Site, blocking you from contacting Resume Owners, and blocking your contact emails to those Resume Owners without notice and you consent to the same. 3ZenX may limit the number of devices each account is logged into. Except for plans in certain markets, such as India, where you have the option to assign additional seats to a plan, each Resume subscription or plan is solely for the individual use of the person to whom it is assigned, and may not be shared with other users. If you have a plan in India, you agree that adding seats to the plan does not add additional contacts to the subscription plan; if you add a seat on a day after the subscription plan has started, the price you pay for that seat is prorated, however, the number of contacts remains unaffected. For plans in India, once the time period on your subscription plan expires, so will any remaining contacts; no unused contacts will carry over to your new plan.
In the event phone numbers are provided by the Resume Owner in the resume, 3ZenX does not guarantee their validity and cannot confirm whether such numbers are landlines or cell phones. You agree to call Resume Owner regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, as well as other laws against automated telephone dialling systems or laws governing phone or mobile communications in your applicable jurisdiction.
Information contained in Resume Owner resumes is self-reported by Job Seekers, may be outdated or inaccurate, and is not verified by 3ZenX . Any filtering, sorting, matching, or ranking tools available to you as part of the Resume Search Program rely on this Job Seeker-provided information and/or information you provide to 3ZenX about your job requirements or preferences. The appearance of a given Job Seeker’s resume in search results or as a match is not a guarantee that the Resume Owner has the attributes or experience you have selected or that they would be interested in a job. When you use the Program, 3ZenX does not guarantee that you will see desirable, or any, search results in response to each query or that you will see desirable, or any, daily matches. You are solely responsible for determining or verifying any Resume Owner provided information, including whether a Resume Owner / Job Seeker has a certain license, certification, or security clearance.
2. Cancellation
Once you have requested that 3ZenX contact a Resume Owner, you may not revoke such request. Cancellation of your use of the IRSP shall be in accordance with any cancellation policies listed on the Site.
3ZenX reserves the right to cancel any subscription at any time and for any or no reason. 3ZenX may immediately cancel, update or modify the Program or these IRSP Terms in our sole discretion at any time without liability and your use of the Program after notice that the Program or these IRSP Terms have changed indicates acceptance of the updated IRSP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IRSP Terms.
3. Your Information
You represent and warrant that all information you provide to 3ZenX is correct and current. You represent to 3ZenX that you are an Employer interested in considering the Resume Owner as a potential employee.
4. Disclaimer and Limitation of Liability
3ZenX ’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO 3ZenX IS VALID, THAT ANY EMAIL SENT BY 3ZenX AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. FURTHER, 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY RESUME IS AVAILABLE OR VIEWABLE AT ANY PARTICULAR TIME, OR THAT ANY RESUME DESCRIBES AN APPLICANT’S SKILLS, QUALIFICATIONS, OR ABILITIES. 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE 3ZenX , THE SITE, AND THE PROGRAM AT YOUR OWN RISK. 3ZenX DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.
EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRSP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRSP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO 3ZenX BY YOU FOR THE 3ZenX RESUME SEARCH SERVICE GIVING RISE TO THE CLAIM.
5. Payment
You shall be charged if, and as, indicated by the Site. Upon your request, 3ZenX may in its sole discretion pause your subscription or plan and associated cost, and upon 3ZenX unpausing the subscription or plan, it will continue for the remaining term until it expires and automatically renews. Details regarding the resume subscription plan are available on the Site. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euro, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, Mexican Pesos, or Japanese Yen. This choice of currencies will be fully subject to 3ZenX ’s discretion. Charges are exclusive of taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees 3ZenX incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all 3ZenX products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS UNDER THE APPLICABLE RESUME SUBSCRIPTION OR PLAN. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of 3ZenX and only in the form of credit for 3ZenX services. You acknowledge and agree that any credit card and related billing and payment information that you provide to 3ZenX may be shared by 3ZenX with companies who work on 3ZenX ’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to 3ZenX and servicing your account. 3ZenX may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. 3ZenX shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and 3ZenX shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by 3ZenX . Except for plans in India, if you purchase a subscription or plan, you acknowledge and agree that your subscription or plan will automatically renew and 3ZenX will charge you on a recurring basis until you cancel your subscription or plan and such cancellation goes into effect, which may not be until the next billing cycle. Pausing your subscription or plan does not cancel it. Your subscription will continue to automatically renew after being unpaused. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.
6. Indemnification
You shall indemnify, defend and hold harmless 3ZenX , its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your use of the Program, including but not limited to, how you conduct the search, any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRSP Terms, any phone call or text message you make to a recipient, and activities of any third party service provider you engage to facilitate your sourcing activities through the Program, such as an Applicant Tracking System (ATS).
3ZenX Assessments Terms
These 3ZenX Assessments terms (“IA Terms”) form a part of, and are incorporated into, the 3ZenX Terms of Service. By accessing or using 3ZenX Assessments as an Employer in any way, or by registering as an Employer on 3ZenX Assessments, or by otherwise accepting these IA Terms, you agree to these IA Terms and to the 3ZenX Terms of Service (the “Agreement”). Any capitalized terms that are used but not defined in these IA Terms have the meaning set forth in the Agreement.
1. Introduction
3ZenX Assessments is an online tool for the provision and review of assessments which are selected by Employers (“Assessments”) in order to request responses from Job Seekers (“Responses”) through the Site. “Assessments” include any assessment offered or published by 3ZenX and/or third party assessment providers that you may choose to send to a Job Seeker through 3ZenX .
2. Assessments
You agree that any Assessment sent by 3ZenX to a Job Seeker is done so at your sole request, and you represent and warrant that you have that Job Seeker’s consent for 3ZenX to contact that Job Seeker for the purpose of transmitting the Assessment(s) you have selected. You also acknowledge that once you have requested that 3ZenX transmit your Assessment to a Job Seeker, that request cannot be canceled. 3ZenX does not guarantee that any Job Seeker will receive, access, read or respond to any Assessment, or that there will be no mistakes in the transmission of the data. However, 3ZenX may alert you when any of the above events occur.
You agree you have made the determination to use 3ZenX Assessments as part of your application process, and that the types of questions asked in any Assessment or bundle of Assessments you send to a Job Seeker are solely being asked by you and are not being asked by 3ZenX . Except for third party Assessments, 3ZenX offers Assessments solely in its capacity as a developer and publisher. You agree you are solely responsible for the use of Assessments and Responses in compliance with the law, including the Fair Credit Reporting Act and similar state statutes. You are solely responsible for your use of 3ZenX Assessments, including without limitation any results which are considered to have a “disparate impact.” You further agree that you are solely responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. You acknowledge that 3ZenX may, but is not obligated to, provide a means by which Job Seekers may request such an alternative method or other accommodation from you. While 3ZenX is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and 3ZenX does not warrant that the method of delivery of any Assessment question is compliant with the Americans with Disabilities Act or any equivalent or similar law.
You are the sole party to determine which Assessment to send to any Job Seeker. You agree that an Assessment is only designed to evaluate a particular knowledge, skill, or ability. It does not evaluate a Job Seeker’s qualification for any job nor their ability to safely perform a job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by you. You agree to use an Assessment in combination with other selection and hiring processes, and not as the sole measure of any candidate’s fitness for a job. You agree to use an Assessment to measure only those knowledge, skills or abilities and/or other characteristics that are 1) job-related and 2) required for a candidate’s first day on the job. 3ZenX reserves the right to change any Assessment or the questions asked within an Assessment at any time, for any or no reason, including but not limited to quality control.
Sending an Assessment to a Job Seeker does not guarantee a Response or any further communication or action by any Job Seeker. You consent to your Assessment and any other communications sent through 3ZenX Assessments being processed and analyzed by 3ZenX according to this Agreement and 3ZenX ’s Privacy Policy.
3. Responses
You understand that Job Seekers provide a Response to an Assessment at their sole discretion. After a Job Seeker has provided a Response, You will be able to use the 3ZenX Assessments platform to review the Response. In the case of a third party Assessment, you may only be able to view limited information, such as a link to the final result of the Assessment. A Job Seeker may also have the option to select an Assessment and associate the Response with their 3ZenX Profile, which will be visible to Employers in accordance with our Terms. If there are multiple versions of the same Assessment, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Assessment. Assessments created, published, or administered by third parties other than 3ZenX are scored in accordance with the scoring rubrics as determined solely by such third parties.
As an Employer you are the sole party to determine whether a Response, including but not limited to a result, indicates a qualified Job Seeker. You may instruct 3ZenX to send out rejection notices if the Job Seeker has not responded to Assessments in a manner acceptable to you, and you acknowledge that 3ZenX has no discretion in the transmission of these rejections. As the employer, you are the sole party to determine whether to offer a Job Seeker the opportunity to retake any Assessment that you sent or update or modify their Response.
You acknowledge and agree that Responses are only provided on the condition that you use them responsibly and legally as part of your hiring process, which includes considering any other relevant information about the Job Seeker. 3ZenX may display excerpts from or summaries of Responses in other products such as 3ZenX Resume. These summaries are for convenience only and are not to be used in lieu of the full Response in context. You agree not to rely solely on such excerpts or summaries when making a hiring decision regarding any Job Seeker.
4. Rules For Using 3ZenX Assessments
As an Employer, you represent and warrant that you shall not access or use 3ZenX Assessments for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You shall not create or send any Assessment which is directly or indirectly illegal, discriminatory, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You shall not create or send any Assessment containing proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing).
3ZenX Assessments is not a tool to ask for sensitive personal data from Job Seekers. Employers may not create or send any Assessment which seeks highly confidential personal information from Job Seekers, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of personal data subject to data breach notification requirements in any country.
An Employer who receives an accommodation request through 3ZenX Assessments must provide an accommodation to the extent required by applicable law, and further must provide evidence of compliance to 3ZenX immediately upon request. Any failure to fulfill these obligations is a material breach of this Agreement and 3ZenX may immediately terminate your account and your access to 3ZenX Assessments with no further obligation to you. You agree to defend and indemnify 3ZenX from any claims arising from your failure to comply with this section.
You understand and agree that 3ZenX does not have any obligation to screen any Assessment or Response, or to publish any Assessment or Response on the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice.
5. 3ZenX ’s Role
3ZenX does not act as an employment agency by offering the 3ZenX Assessments tool. By using 3ZenX Assessments, you acknowledge and agree that 3ZenX is not procuring employees for Employers or procuring opportunities to work for Job Seekers. 3ZenX merely provides a tool enabling Employers and Job Seekers to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any decision to proceed or not to proceed with interviews or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of 3ZenX Assessments, is solely with Employers or Job Seekers as applicable.
3ZenX cannot confirm the information submitted by any Job Seeker, or other user, including the identity of any user. 3ZenX does not inquire into the backgrounds of Job Seekers or attempt to verify the statements of Job Seekers. You are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Job Seeker. You are responsible for complying with all laws and regulations relating to the intended employment of any Job Seeker. Further, for any skill area in which formal licenses or certifications may exist, Assessments do not act as a substitute for such license or certification and do not speak to whether a Job Seeker is qualified for or has such a license or certification. It is the Employer’s sole responsibility to determine what licenses or certifications are required for their job and whether a Job Seeker has such license or certification. 3ZenX also makes no statement as to whether a particular skill is necessary for a job and it is an Employer’s sole responsibility to make such a determination (or seek appropriate legal counsel to do so), in accordance with the EEOC regulations or other applicable laws.
3ZenX is not a party to, third party beneficiary of, or liable for, any agreements, offers, or promises between an Employer and Job Seeker, regardless of whether 3ZenX receives a fee from the Employer in connection with the transaction. 3ZenX will not be liable for any costs or damages arising out of or related to such transaction.
3ZenX assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the 3ZenX Assessments tool, and any Assessment or Response.
6. Fees
3ZenX Assessments is currently free for Employers. 3ZenX may, in its sole discretion and at any time, end Employers’ free use of 3ZenX Assessments and begin to charge Employers to use 3ZenX Assessments as a standalone product or in conjunction with an Employer’s use of any other 3ZenX product.
7. Confidentiality
You agree to keep all information gained from using 3ZenX Assessments confidential. You agree that (1) you will use any content submitted by Job Seekers only in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any Job Seekers outside of your recruiting or hiring department; and (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of 3ZenX Assessments from loss, misuse, unauthorized access, disclosure, alteration or destruction.
8. Disclaimer and Limitation of Liability
3ZenX ASSESSMENTS AND ALL MATERIALS, INFORMATION, ASSESSMENTS, RESPONSES, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH 3ZenX ASSESSMENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. 3ZenX EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY ASSESSMENT OR RESPONSE, INCLUDING BUT NOT LIMITED TO A RESULT, THAT HAS BEEN PROVIDED TO 3ZenX IS VALID OR ACCURATE, THAT ANY ASSESSMENT OR RESPONSE ACCURATELY OR COMPREHENSIVELY EVALUATES A PARTICULAR SKILL OR IS RELATED TO ANY JOB REQUIREMENT, THAT ANY COMMUNICATION (INCLUDING WITHOUT LIMITATION ASSESSMENTS AND RESPONSES) WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ IT, OR THAT THE INTENDED RECIPIENT OF YOUR COMMUNICATION WILL ACT UPON IT. 3ZenX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. 3ZenX DISCLAIMS ANY WARRANTY THAT 3ZenX ASSESSMENTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. YOU USE 3ZenX , THE SITE, AND 3ZenX ASSESSMENTS AT YOUR OWN RISK. 3ZenX DOES NOT GUARANTEE THAT THE SITE OR 3ZenX ASSESSMENTS WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.
EXCEPT FOR YOUR BREACH OF SECTION 7 (CONFIDENTIALITY) OR INDEMNIFICATION AMOUNTS PAYABLE HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO 3ZenX BY YOU.
9. Indemnification
You agree to defend, indemnify and hold harmless 3ZenX from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, 3ZenX Assessments or the Site; (c) your loss of, or disclosure of, information gained from using 3ZenX Assessments or the Site; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that 3ZenX as your agent violated any such laws); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your decision to add, create, or use an Assessment, including, but not limited to, a hiring event, scheduled interview, or as part of a job application; or (h) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker. You also agree that you have a duty to defend 3ZenX against such claims. You agree that this indemnity extends to requiring you to pay for 3ZenX ’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of 3ZenX Assessments.
10. Termination
3ZenX may suspend 3ZenX Assessments, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying 3ZenX at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
3ZenX API Terms
These 3ZenX API terms (“API Terms”) and any related documentation (“Documentation”), form a part of, and are incorporated into, the 3ZenX Terms of Service, and apply to anyone who accesses or uses an Application Programming Interface created or maintained by 3ZenX (“API”), develops any application that communicates or interoperates with any API, the Site, or any 3ZenX service (“Application”), or who otherwise indicates acceptance of these API Terms. By accessing or using any API or Documentation or by otherwise accepting these API Terms, you agree to these API terms and to the 3ZenX Terms of Service (the “Agreement”), including the terms associated with any 3ZenX service you are using, and all of 3ZenX ’s policies, including the 3ZenX Privacy Policy and Cookie Policy. Any capitalized terms that are used but not defined in these API Terms have the meaning set forth in the Agreement.
1. The APIs
3ZenX may provide you with access to one or more APIs, as well as any accompanying Documentation, solely for your internal business use in developing and using Applications or for 3ZenX to process and analyze submitted information and behavioral data in accordance with the 3ZenX Privacy Policy. 3ZenX assumes no responsibility and disclaims any and all liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on or through any API. For the most up to date and accurate information, use the Site directly.
Your license is subject to and conditioned on your compliance with all terms and conditions set forth in the Agreement, and it is revocable, non-exclusive, non-transferable, and non-sublicensable. No implied license is granted. 3ZenX reserves all rights that are not expressly granted by this Agreement.
You may develop an Application that interoperates with an 3ZenX API for the use of your employees or independent contractors for your internal business purposes (“End Users”). Your and End Users’ use of an API or Application to access the Site or any 3ZenX App is subject to the applicable Terms of Service for the Site or 3ZenX App, and you agree to require your End Users to accept and comply with such Terms of Service as well as these API Terms. You agree that you will be responsible for your End Users’ use of your Application and any API. It is also you and your End Users’ responsibility to regularly review any 3ZenX App or the Site in order to obtain the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about 3ZenX ’s products and services. By using an Application or Applicant Tracking System (“ATS”) via an API, rather than directly using the Site or an 3ZenX App, you agree to all information provided on the Site or an 3ZenX App. Use of an Application or ATS via an API, rather than direct use of the Site or an 3ZenX App, shall not excuse any lack of information or understanding about 3ZenX ’s products and services, where that information is otherwise provided on the Site or an 3ZenX App.
You agree that 3ZenX may monitor your and End Users’ use of any API and may process and analyze submitted information and behavioral data in accordance with the 3ZenX Privacy Policy. This monitoring may include 3ZenX accessing and using your Application. You will not interfere with this monitoring. 3ZenX may use any technical means to overcome such interference. You agree that when you or End Users’ use an ATS via an API, such ATS may access, monitor, process, or analyze submitted information and behavioral data. If you, or anyone on your behalf, send or receive communication via API (including by sending or receiving communication to/from an email address aliased by 3ZenX and/or by using a different email address from the one associated with your account), you agree to the communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other 3ZenX policies, content moderation, and to improve the Site or any other 3ZenX product or service.
You agree to promptly notify 3ZenX in advance of your decision to discontinue use of any APIs that allow 3ZenX to process and analyze submitted information and behavioral data.
3ZenX reserves the right to place limits on access to any API (including without limitation the number of calls or requests), and monitor usage of the APIs to enforce these limits, in its sole discretion. Such limits may be detailed in the Documentation or otherwise communicated to you by 3ZenX .
By using 3ZenX ’s API you understand and agree to periodic audits of your usage. 3ZenX will request, and you will provide (or cause your agent to provide), your data usage metrics in order for 3ZenX to review. If 3ZenX finds you have violated these guidelines, your use of 3ZenX ’s API may be restricted or terminated.
3ZenX may update, modify or discontinue the API at any time and in our sole discretion and without liability to you, and may require you to obtain and use the most recent version. You are required to update your Application accordingly at your sole expense. You acknowledge that 3ZenX ’s update to an API may adversely affect how your Application communicates with the Site or an 3ZenX App, and you agree that 3ZenX will have no liability therefrom. Your use of an API after an update by 3ZenX constitutes acceptance of the update. 3ZenX reserves the right to develop products or services that are similar to, or may compete with, any Application.
2. Restrictions
Accessing and using the Site or any 3ZenX App through an API is subject to the Site Rules, these API Terms, and any additional rules, guidelines, and policies made available by 3ZenX . Such additional rules, guidelines, or policies may be detailed in the Documentation (including in the 3ZenX Developer Portal), these API Terms, or otherwise communicated to you by 3ZenX . For example, by using the 3ZenX Apply API in connection with your Job Listings, you agree not to require or otherwise burden a Job Seeker to submit a duplicate application through other means if that Job Seeker already applied to your Job Listing using 3ZenX Apply. You further agree to accurately describe to a Job Seeker what information and data you collect from and about that Job Seeker when they apply to your job using 3ZenX Apply, including how you handle and share such information and data. You also agree to honor a Job Seeker request for their information and data that you collect in connection with any API. Further, by using the 3ZenX Apply API, you agree to use HTTPS POST URL(s).
You agree to do all the following in connection with your access and use of any API or development or use of any Application: (a) comply with the Agreement, the API terms, the Site Rules, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be made available to you by 3ZenX (including those stated in the 3ZenX Developer Portal); (b) monitor the use of your Applications for any activity that violates these API terms; (c) promptly restrict any End Users who violate these API Terms from further use of your Application; and (d) promptly notify 3ZenX of any violation of these API Terms by you or End Users.
You agree that neither you, your Application, nor your End Users, will do any of the following in connection with your access or use of any API or development or use of any Application: (a) violate any Site Rule or other rule or policy pertaining to the Site, or any applicable law or regulation; (b) copy, duplicate, modify, or create derivative works of an API, in whole or in part; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code component of any API; (d) remove any proprietary notices from any materials available through any API; (e) make an API or Application available to a third party except as permitted by a written agreement with 3ZenX ; (f) circumvent any limits on API access imposed by 3ZenX ; (g) scrape, build databases, or otherwise create permanent copies of any User Content, except as expressly permitted by the Documentation or 3ZenX ; or (h) modify, misrepresent, or otherwise manipulate data provided by any API.
When reporting 3ZenX data provided by any API, you agree to accurately represent such data. You agree that such data shall not include: (a) blended third-party fees, including fees from the entity calling the API; (b) data from third parties such as other advertising providers; or (c) sponsored data blended with organic data. If using an API to provide 3ZenX services to an Employer, you agree to provide accurate reporting to the Employer about the services obtained through the use of the API and the value that the services provided represent. You agree to report data to Employers in an organized and digestible manner that allow Employers to filter and sort categories of data such as clicks, apply starts, media spend, and other metrics.
You agree to provide and adhere to a Privacy Policy for your Application that accurately describes to End Users and/or Job Seekers what user information you collect and how you use and share such information with 3ZenX and other third parties. You further agree to protect all such information in accordance with applicable laws, and not to access or use such information (especially personal data) except as required to provide 3ZenX services to an Employer through your Application.
If you use or access any 3ZenX API or Documentation to provide 3ZenX services to an Employer, you acknowledge and agree that you will not access personal data (as defined by applicable Data Protection law) to provide 3ZenX services to an Employer. However, if you have received personal data from 3ZenX that is not required to provide 3ZenX services to an Employer, you shall notify 3ZenX and return or destroy such personal data (as instructed by 3ZenX ). Should you and 3ZenX agree that you will process personal data in connection with providing 3ZenX services, your general responsibilities (regarding the nature and purpose of access, security controls and protocols, international transfer of data, etc.) will be set forth in a Data Processing Addendum.
3. Access and API Key
You agree to only access an API by the means described in its Documentation. To call or otherwise access or use an API, 3ZenX requires that you follow its registration and implementation process, including providing information about your Application and a current contact person with whom 3ZenX can communicate with about your Application or API access and use. 3ZenX requires that you use a password, key or other security device to access an API (“API Key”). Instructions for obtaining an API Key are included in the applicable Documentation. You are responsible for all access to and use of the API under your API Key. You agree to maintain the confidentiality and security of your API Key, to not share it with any third party, and use it only in compliance with these API Terms. You will not misrepresent or mask either your identity or your Application’s identity. The decision to grant you API access or access to an API Key is entirely in 3ZenX ’s sole discretion. 3ZenX may restrict or terminate your API access or API Key at any time.
4. Intellectual Property
You understand and acknowledge that 3ZenX or its affiliates, or its or their licensors, owns all right title and interest to the API, the Site, and 3ZenX Apps, and all proprietary rights associated therewith. 3ZenX reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the API, other than your User Content.
If you provide feedback or suggestions about our APIs, then we may use such information without obligation to you.
You acknowledge that User Content as defined in the Agreement may be available via the APIs, and that User Content is the sole responsibility of the person who provided it to 3ZenX .
5. Disclaimer and Limitation of Liability
THE SITE, APIS, AND DOCUMENTATION ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APIS AND DOCUMENTATION, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH ANY API. 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH ANY API. 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DO NOT GUARANTEE THAT THE SITE, APIS, DOCUMENTATION, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH ANY API WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE.
YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE AN 3ZenX API AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH ACCESS OR USE.
YOU UNDERSTAND AND AGREE THAT YOU CREATE AN APPLICATION AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR OR ANY OTHER PERSON’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR APPLICATION.
EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 8 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE API TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE API TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO 3ZenX BY YOU FOR THE 3ZenX SERVICE GIVING RISE TO THE CLAIM.
6. Payment
Unless you have a separate written agreement with 3ZenX , you shall be charged based on your and your End Users’ use of an 3ZenX App or the Site, in accordance with that 3ZenX App’s or Site’s Terms of Service and other payment information made available on the 3ZenX App or Site, and based on 3ZenX ’s measurements of usage. It is your and your End Users’ responsibility to regularly review any 3ZenX App or the Site in order to obtain the most up to date information regarding payment and how 3ZenX charges you for your use of 3ZenX ’s products and services.
7. Cancellation
Unless otherwise stated in an agreement with 3ZenX , you may cancel this Agreement at any time by ceasing your use of the APIs and deleting your Application. 3ZenX may discontinue any API or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you. 3ZenX may immediately cancel the API or these API Terms at any time upon notice. 3ZenX may modify these API Terms at any time without liability, and your use of an API or Application after notice that these API Terms have changed indicates acceptance of the updated API Terms.
Upon cancellation of this Agreement: (a) your license to access or use any 3ZenX API immediately expires; and (b) you shall delete your Application and all User Content acquired through the Site or API. You agree that 3ZenX may notify any End User to provide notice of the cancellation of this Agreement or of your right to use an API. Sections 1, 2, 3, 4, 5, 6, and 8 will survive these API Terms.
8. Indemnification
You shall indemnify, defend and hold harmless 3ZenX , its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your or End Users’ API use, User Content, your Application, or breach of these API Terms.
3ZenX for Chrome Terms
3ZenX for Chrome terms (“IC Terms”) form a part of, and are incorporated into, the 3ZenX Terms of Service. By accessing or using 3ZenX for Chrome in any way or by otherwise accepting these IC Terms, you agree to these IC Terms and to the (the “Agreement”), which govern use of or access to 3ZenX Chrome and the Site. Any capitalized terms that are used but not defined in these IC Terms have the meaning set forth in the Agreement. “You” means any Job Seeker, individual or entity that downloads or uses 3ZenX for Chrome, and/or any agency or network acting on your behalf, which shall also be bound by these IC Terms.
1. Introduction
3ZenX for Chrome is a browser extension developed by 3ZenX , which can be downloaded from the Google Chrome Web Store. 3ZenX for Chrome serves as a free extension that allows You to utilize 3ZenX job-seeking functions from an extension window. 3ZenX for Chrome allows You to save jobs directly on the extension, and automatically recognizes many job postings. 3ZenX for Chrome recognizes job details, including title, company name, location, and post URL. If a job is saved, the relevant information is automatically filled into the job details fields. Further details and information can be manually entered by You, directly on the extension. 3ZenX for Chrome also allows access to notifications and messages present on your 3ZenX account. 3ZenX for Chrome may recognize when you are searching for jobs on third party sites and may display additional job listings in web pages in your browser.
By installing 3ZenX for Chrome, you agree to 3ZenX ’s collection of data relating to your visit to third party sites, as described in 3ZenX ’s Privacy Policy. Such data may include job postings that you save, notes or applications statuses that you save or update, or data regarding how you engage with websites or other actions you take on such website, including URLs of websites you visit.
2. Disclaimer and Limitation of Liability
3ZenX ’S PROVISION OF 3ZenX FOR CHROME AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO 3ZenX FOR CHROME AND YOUR USE THEREOF, 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO 3ZenX IS VALID, THAT ANY EMAIL SENT BY 3ZenX AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. YOU USE 3ZenX , THE SITE, AND 3ZenX FOR CHROME AT YOUR OWN RISK. 3ZenX DOES NOT GUARANTEE THAT THE SITE OR 3ZenX FOR CHROME WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.
EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 3, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IC TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IC TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO 3ZenX BY YOU FOR THE 3ZenX SERVICE GIVING RISE TO THE CLAIM.
3. Indemnification
You agree to defend, indemnify and hold harmless 3ZenX from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, 3ZenX for Chrome or the Site; (c) your loss of, or disclosure of, information gained from using 3ZenX for Chrome or the Site; (d) your violation of any applicable laws or regulations, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; or (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Candidate. You also agree that you have a duty to defend 3ZenX against such claims. You agree that this indemnity extends to requiring you to pay for 3ZenX ’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of 3ZenX for Chrome.
4. Termination
3ZenX may suspend 3ZenX for Chrome, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying 3ZenX at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
3ZenX Hiring Platform Terms
These 3ZenX Hiring Platform terms (“IHP Terms”) form part of, and are incorporated into the 3ZenX Terms of Service, and apply to any Employer or Job Seeker who accesses or uses the 3ZenX Hiring Platform or related services, or who otherwise indicates its acceptance of these IHP Terms. By accessing or using the 3ZenX Hiring Platform or related services or otherwise accepting these IHP Terms, you agree to these IHP Terms and to the 3ZenX Terms of Service (the “Agreement”), including the terms associated with any 3ZenX service you are using as part of the 3ZenX Hiring Platform.
Any capitalized terms that are used but not defined in these IHP Terms have the meaning set forth in the Agreement.
1. The Program
3ZenX Hiring Platform is a platform designed to automate and streamline your hiring and employment decision-making processes by allowing users access to various products such as 3ZenX Interview or related services (the “Program”). You understand that use of the Program and related products is at your sole discretion and such tools are applied to your hiring process and job openings in the method and manner that you decide. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING YOUR EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT YOU MUST INDEMNIFY 3ZenX AGAINST ANY AND ALL CLAIMS ARISING FROM YOUR USE OF 3ZenX HIRING PLATFORM OR SIMILAR PRODUCTS. 3ZenX DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT YOUR USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. 3ZenX makes no representation that 3ZenX or its affiliates are an employment agency by offering the Program and related tools. You understand that 3ZenX is not procuring employees for you or opportunities for Job Seekers.
By using the Program and accepting these IHP Terms you acknowledge and agree that you are asking 3ZenX to do the following: 1) post, on your behalf, Job Listings or Job Ads, as applicable, provided by you on the Site, and manage such ad campaign, using information such as the number of RSVPs, 2) include an RSVP function on the Site for a hiring event, interview session or interview post (“Event”) corresponding with each of your Job Ads or Listings, 3) receive from Job Seekers RSVPs to your Event(s), 4) add any screening tools you choose, including, but not limited to screening questions, evaluation methods, and Assessments, 5) send to you and/or other persons you identify information provided by a Job Seeker who RSVPs to your Event(s), and 6) communicate (via email or text message) information related to your Event(s) to Job Seekers who have RSVPed to your Event(s). If you request that 3ZenX send you and other persons you identify information provided by a Job Seeker who RSVPs to the Event(s), you certify and warrant that such person is part of your organization or is otherwise authorized to receive such information.
With regards to any Job Ad posted on 3ZenX via the Program, including any Job Ad of your Event posted in 3ZenX ’s discretion, you agree that such Job Ad shall be subject to the 3ZenX Ads Program terms, and the 3ZenX Ads Program terms are incorporated herein. Likewise, your use of any tools offered by 3ZenX is subject to the applicable Terms of Service. For example, using Assessments is subject to the 3ZenX Assessments Terms.
You further agree that you are solely responsible for everything regarding your Event(s), whether participating or hosting, including but not limited to, the content of the Job Listing or Job Ad, screening or screener questions, Assessments, the handling and safeguarding of Job Seeker information provided to you and/or other persons you identify as authorized to receive information regarding an Event or a Job Seeker, the Event location, your attendees at the Event, or any literature, signage or other documentation at the event. You are responsible for accommodating Job Seeker requests or needs during the interview or application process during the Event. You represent and warrant that any data you collect from attendees and share with 3ZenX is collected in accordance with local privacy rules. Moreover, you grant to 3ZenX , its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any User Content or 3ZenX marketing materials, or actions by 3ZenX to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engine. You agree that 3ZenX may promote your Job Listing or Job Ad through any method in 3ZenX ’s sole discretion, including but not limited to targeted advertising, on third party websites, including, but not limited to apps, or using keywords in third-party internet search engines. You further acknowledge and agree that 3ZenX is not responsible for reviewing qualifications, verifying identification, or otherwise screening Job Seekers during each Event and that you are solely responsible for so doing.
When Job Seekers apply or RSVP to your job listing, 3ZenX may request that they provide certain demographic information, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status as well as whether they have an arrest or conviction record (“demographic data”). By using the Program, you agree that 3ZenX may collect demographic data from Job Seekers applying to your job listing, and that 3ZenX may use it to evaluate and improve our products. You further agree that you as an Employer have no ability, right, or entitlement to view or access demographic data pertaining to any other Job Seeker or related to any employer by any means including civil discovery, subpoena, or any other legal process without their permission. You agree you are solely responsible for complying with applicable nondiscrimination laws. 3ZenX disclaims any warranty regarding the demographic composition of Job Seekers applying to any particular job.
3ZenX may offer you the option to manage virtual and remote communications within 3ZenX products, including 3ZenX Interview, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). Services may include giving you access to scheduling, video conferencing, web conferencing, meeting rooms, and other collaborative services offered by third-party telecommunications service providers. You understand and acknowledge that 3ZenX is not a telecommunications service provider. 3ZenX disclaims all warranties regarding the transmission of Virtual Interviews including phone or video communications. 3ZenX does not guarantee (1) the availability of such services at the time you attempt to initiate them, (2) the quality of such services, or (3) the dates or times you’ve arranged for your Virtual Interview.
2. Cancellation
Unless otherwise stated in an Insertion Order or other agreement to advertise with 3ZenX , you may independently cancel any Job Listing or Job Ad (and corresponding Event) at any time (such cancellation is generally effective within 24 hours). However, if you cancel an Event, 3ZenX will still bill you in accordance with any pricing listed in a separate agreement or otherwise agreed upon by you and 3ZenX , for RSVPs, clicks, applies or impressions accrued while the Job Ad for that Event was on the Site, and any platform fee, if applicable. 3ZenX may reach out to Job Seekers to communicate your Event cancellation. 3ZenX may immediately cancel the Program, any part thereof, or these IHP Terms at any time upon notice. 3ZenX may modify the Program or these IHP Terms at any time without liability, and your use of the Program after notice that these IHP Terms have changed indicates acceptance of the updated IHP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IHP Terms.
3. Prohibited Uses
You shall not, and shall not authorize or assist any party to, advertise anything illegal or engage in any illegal or fraudulent activities or business practices in any state or country where your Job Listing or Job Ad is displayed. You represent and warrant that all your information and any and all information you provide to 3ZenX is correct and current; you hold and grant 3ZenX and partners all rights to copy, distribute, and display Job Listings or Job Ads (“Use”); and (z) such Use and websites linked from your Jobs Listings or Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IHP Terms or your account without notice, and may subject you to legal penalties and consequences. 3ZenX or partners may reject or remove any Job Listing, Job Ad, or content therein, and 3ZenX may disable any Employer’s account, for any or no reason without notice.
4. Disclaimer and Limitation of Liability
3ZenX ’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON- INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE 3ZenX , THE SITE, AND THE PROGRAM AT YOUR OWN RISK. 3ZenX DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. 3ZenX and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: costs per RSVP, click, apply, or impression, (ii) RSVP rates, click through rates, apply rates, or impression rates (including any estimate of rates provided in an insertion order), (iii) delivery of any impressions on any partner Property or 3ZenX Property or sections of such properties, (iv) RSVPs, clicks, applies or impressions, (v) interest in your Job Ad, (vi) attendance at your Event(s), and (vii) the quality of attendees at your Event(s). AN RSVP TO YOUR EVENT(S) DOES NOT GUARANTEE INTEREST IN YOUR JOB AD. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IHP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IHP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO 3ZenX BY YOU, IF ANY, FOR THE JOB ADS OR JOB LISTINGS GIVING RISE TO THE CLAIM.
5. Payment
You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and 3ZenX , and based on clicks, RSVPs, applies or impressions (distributed within your budget in 3ZenX ’s sole discretion) and platform fee, if applicable. 3ZenX may offer a subscription payment option wherein you will be charged as indicated in an insertion order. RSVPs are defined as a user completing the online RSVP form agreeing to attend your Event featured in any Job Ad. However, an RSVP does not guarantee that a Job Seeker will attend such Event. If your 3ZenX employer account has a credit card on file for the 3ZenX Ads Program or any other 3ZenX service, we will charge that same credit card for your 3ZenX Hiring Platform RSVPs, if applicable.
If you are located in the United States, you shall pay all applicable charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, Mexican Pesos, or Japanese Yen. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying all taxes and government charges, and reasonable expenses and attorney fees 3ZenX incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all 3ZenX products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on 3ZenX ’s click, RSVP, apply, or impression measurements. 3ZenX ’s determination of number of clicks, RSVPs, applies or impressions shall be binding. Refunds (if any) are at the absolute discretion of 3ZenX and only in the form of advertising credit for 3ZenX Property. If you are removed from 3ZenX , but have previously spent on 3ZenX , you are not entitled to a refund of previously spent amounts.
You acknowledge and agree that any credit card and related billing and payment information that you provide to 3ZenX may be shared by 3ZenX with companies who work on 3ZenX ’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to 3ZenX and servicing your account. 3ZenX may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. 3ZenX shall not be liable for any use or disclosure of such information by such third parties.
All withholding tax remittances to the government are your sole responsibility and 3ZenX shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any 3ZenX product, 3ZenX reserves the right to suspend or terminate your use of that 3ZenX product as well as any other 3ZenX product, including but not limited to those 3ZenX products where you do not have an unpaid invoice or account balance.
6. Indemnification
You shall indemnify, defend and hold harmless 3ZenX , its agents, affiliates, licensors, and partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Job Listing, Job Ad, screening or screener questions, Event, Site or Your Services, or breach of these IHP Terms.
3ZenX Vulnerability Reward Program
Program Description
As part of 3ZenX ’s commitment to the security of our Job Seekers, advertisers, and publishers, we partnered with Bugcrowd to launch our Vulnerability Reward Program. Detailed rules and information about the scope of this bounty program are available on our Bugcrowd page. If you are a whitehat researcher that believes you have discovered a vulnerability in an 3ZenX product or have any other security inquiries, please sign up as a Bugcrowd Tester to be included in 3ZenX ’s Vulnerability Reward Program. Vulnerabilities submitted outside of Bugcrowd will not be considered.
Legal Notes
3ZenX will not issue rewards to researchers from countries on sanctions lists (e.g. – Cuba, Iran, North Korea, Sudan, and Syria). There may be additional restrictions on your ability to enter depending upon your local laws. Your testing must not violate any law, or disrupt or compromise any data that is not your own.
3ZenX Recruiter Extension Terms
These 3ZenX Recruiter Extension terms (“IRX Terms”) form a part of, and are incorporated into, the 3ZenX Terms of Service, and apply to any Employer who accesses or uses the IRX Service (defined below and formerly known as ZapInfo Service), or who otherwise indicates its acceptance of these IRX Terms. By accessing or using the IRX Service or by otherwise accepting these IRX Terms, you agree to these IRX Terms and to the 3ZenX Terms of Service (the “Agreement”).
Any capitalized terms that are used but not defined in these IRX Terms have the meaning set forth in the Agreement.
1. The 3ZenX Recruiter Extension Service
Use of 3ZenX Recruiter Extension (“IRX”) service, whether provided in the form of a website, app, or browser extension (collectively the “IRX Service”) by an Employer is subject to all applicable 3ZenX rules, guidelines, policies and other terms and conditions made available to you, including through the Site and on any FAQ and information page(s) provided by 3ZenX , any or all of which may be modified at any time.
The IRX Service contains a tool permitting Employers to copy and store candidate information as they select, and that 3ZenX does not play a role in the selection, evaluation, or assembly of such information beyond providing the IRX Service. The IRX Service does not request or source any candidate information from third parties, but only stores information provided by the Employer. You are responsible for, and 3ZenX disclaims any warranty with regard to, the accuracy, timeliness, usefulness, or availability of any candidate information you store in the IRX Service.
3ZenX does not inquire into the backgrounds of Job Seekers or attempt to verify any information you store in the IRX Service. 3ZenX ’s role is limited to storing the information you select. Any determination regarding whether that information is accurate, whether it pertains to a given Job Seeker, or whether it indicates a Job Seeker is qualified for a job, is made solely by you as an Employer. You are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Job Seeker.
The IRX Service may also contain a tool assisting Employers in writing and submitting queries to third-party search engines (“Search Builder”). The Search Builder is provided without warranty and 3ZenX makes no guarantee regarding the availability, accuracy, or reliability of any third-party search engine or any information obtained through use of the Search Builder.
The IRX Service may offer access to integrations permitting Employers to transmit information into their account held with an Applicant Tracking System or other third-party service (“IRX Integrations”). 3ZenX makes no guarantee that any IRX Integration will be or continue to be available. All IRX Integrations are presented without warranty and are provided on an “as is” and “as available” basis only, and 3ZenX disclaims all liability for any unavailability or technical malfunction of any such integration, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from any such integration.
The IRX Service may provide functionality that allows you to upload information about job applicants to 3ZenX and to interact with these individuals and direct 3ZenX to interact with these individuals on your behalf (hereafter “Candidate Import”). To the extent that any information You provide or otherwise make available to 3ZenX through our Candidate Import service includes Client Personal Data, you instruct 3ZenX to process such information on your behalf pursuant to this Agreement and the Data Processing Addendum; Client Personal Data and 3ZenX as used in this sentence shall have the meanings given to them in the Data Processing Addendum. By using Candidate Import, You represent and warrant that you have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, job applicants as required under applicable data protection law for You to provide or otherwise make available Client Personal Data to 3ZenX using Candidate Import, and, without limiting the foregoing, (a) no individual whose Personal Data you provide or otherwise make available to 3ZenX using Candidate Import has exercised any right or made any request to You that would prevent or otherwise limit your ability to share such individual’s Personal Data with 3ZenX for processing in connection with this Agreement and (b) all job applicants have consented that their data will be shared with 3ZenX (in accordance with 3ZenX ’s Terms and Privacy Policy) and that 3ZenX may contact them over email as part of your hiring process, including requesting them to create an account with 3ZenX . You agree to defend and indemnify 3ZenX for any breach of the foregoing sentence.
The IRX Service may be provided in the form of a Chrome extension. By installing the extension, you agree to 3ZenX ’s collection of data relating to your visit to third party sites, as described in 3ZenX ’s Privacy Policy. Such data may include candidate information that you save, notes that you save or update, or data regarding how you engage with websites or other actions you take on such websites, including URLs of websites you visit.
2. Privacy
Your use of the IRX Service is subject to 3ZenX ’s Privacy Policy. You further acknowledge and agree that you are solely responsible for any access to information stored in your account that you give to third parties via IRX Integrations, and for ensuring all such access complies with applicable state, federal, and national laws and regulations.
3. Fees
IRX is currently free for Employers. 3ZenX may, in its sole discretion and at any time, end Employers’ free use of IRX and begin to charge Employers to use IRX as a standalone product or in conjunction with an Employer’s use of any other 3ZenX product.
4. Rules; Employer Representations and Warranties
Your use of the IRX Service is subject to the Agreement, including without limitation the 3ZenX Site Rules. You represent and warrant to 3ZenX that: a) that all information you provide to 3ZenX is correct and current; b) you will only use the IRX Service in accordance with all applicable laws, rules, and regulations; c) your use of the IRX Service will not violate the rights of any person, including without limitation any privacy rights or any rights under the Fair Credit Reporting Act.
5. Disclaimer and Limitation of Liability
3ZenX ’S PROVISION OF THE IRX SERVICE AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE IRX SERVICE AND YOUR USE THEREOF, 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY INFORMATION THAT YOU VIEW, COLLECT, OR STORE IS ACCURATE. 3ZenX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE THE IRX SERVICE AND THE SITE AT YOUR OWN RISK. 3ZenX DOES NOT GUARANTEE THAT THE SITE OR THE IRX SERVICE WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE.
EXCEPT FOR FOR ANY BREACH BY YOU OF SECTION 6 HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRX TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRX TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO 3ZenX BY YOU FOR THE 3ZenX SERVICE GIVING RISE TO THE CLAIM.
6. Indemnification
You shall indemnify, defend and hold harmless 3ZenX , its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your breach of these Terms, your installation or use of the IRX Service, or any information you view, collect, or store through the IRX Service.
7. Termination
3ZenX may suspend the IRX Service, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying 3ZenX at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
3ZenX Affiliate Acceptable Use Policy
Last Updated: December 13, 2022
1. General
This 3ZenX Affiliate Acceptable Use Policy (“AAUP”) is applicable to affiliates (‘Affiliates’) of 3ZenX , Inc. (‘3ZenX ’) who publish on their websites, or provide links from their websites to web pages that contain, any of the following elements provided by 3ZenX (collectively, ‘Program Elements’): job search results, JobrollTM, Job Search Box, pay-per-click advertisements, links, insertion code, and any 3ZenX logos or other elements supplied by 3ZenX for use on Affiliates’ websites or websites co-branded by 3ZenX and Affiliate. Affiliates include the party publishing the results and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this AAUP. As a publisher, you are responsible for compliance with all local or applicable laws, including any marketing or advertising laws. 3ZenX only compensates publishers for clicks that occur on your page, and not clicks obtained by any other means, including but not limited to text messages.
2. Restricted Websites
Program Elements may not be published on, or linked by Affiliates from, any website that: (a) is under construction, incomplete or non-functioning; (b) contains material that infringes or misappropriates the rights, including copyright, of others; (c) contains pornographic, obscene, defamatory, violent, or hate-oriented material; (d) promotes spam; (e) is in violation of any applicable law, or promotes any illegal goods, services or activities; (f) is in violation of the Site Rules or (g) engages in any other activities, whether lawful or unlawful, that 3ZenX determines are harmful to 3ZenX ’s reputation, goodwill, other affiliates, customers or operations.
3. Location and Delivery of Program Elements
Affiliate shall not serve: (i) more than one Program Element on any single Web page without prior authorization in writing from 3ZenX ; (ii) any Program Element on a Web page that does not contain substantial content other than the Jobroll itself; or (iii) any Program Element on a page published specifically for the purpose of showing ads, irrespective of the page content. Affiliate shall not serve Program Elements on, or link to web pages that contain Program Elements from, any: (a) downloadable software application without the written consent of 3ZenX ; (b) software that can trigger pop-ups, redirect users to unwanted websites, modify browser settings, or otherwise interfere with site navigation; (c) Website that is not directly controlled by Affiliate; or (d) newsgroups, message boards, emails, link farms, counters, chatrooms, guestbooks, domain parking websites, pop-ups or pop-unders. Any use of 3ZenX ’s XML Application Programming Interface (‘API’) by Affiliate shall be solely in accordance with the guidelines stipulated by 3ZenX for use of the API which may include informational requirements, or restrictions on sizes of requests, frequency, and query complexity.
4. Prohibited Activities
Affiliate shall not:(a) modify the Program Elements without written consent from 3ZenX ; (b) place notices in proximity to any Program Element to encourage or require users to click on or use the services (Affiliates may, however, state: ‘click here to visit our sponsor’ or ‘to visit our advertiser, click here’); (c) label Program Elements with text other than ‘powered by 3ZenX ’ or ‘ads by 3ZenX ’ or include any text in proximity to the Program Elements that could be confused with, or be associated with, Program Elements; (d) use deceptive or unnatural means to draw attention to or incite clicks or use of Program Elements; (e) require users to click on a Program Element prior to entering an Affiliate website or any area therein or provide incentives of any nature to encourage or require users to click on or otherwise use Program Elements; (f) engage in any method to artificially and/or fraudulently inflate the volume of impressions or clicks associated with Program Elements or other sponsored advertising, including but not limited to: repeated manual clicks; the use of robots or other automated query tools and/or computer-generated search requests; automatic redirecting of users; using pop-up windows or any other technique of generating automatic or fraudulent (as determined by 3ZenX , acting reasonably, based on industry practices) click-throughs and/or impressions; (g) use frames, or otherwise alter the user experience, when a user clicks through to another website from the 3ZenX job search results; (h) redistribute the job search results or any part thereof to any third party, other than the provision of the job search results on Affiliate’s website to the end users of that website that generated it; (i) store any job search content; (j) send any text messages on 3ZenX ’s behalf, or (k) market or advertise 3ZenX ’s jobs in violation of any local or applicable laws, including but not limited to email, spam or text messaging laws.
5. Passwords, API Keys and Other Security Devices
If 3ZenX provides an Affiliate with a password, API key or other security device to obtain access to Program Elements or any non-public area of 3ZenX ’s website or system, that Affiliate shall maintain the confidentiality of that password, API key or other security device, not share it or access to any such non-public areas with any third party, or use it for any unauthorized purpose.
6. Job Search Content
3ZenX reserves the right, in its sole discretion, to determine whether to exclude certain ads.
7. Delivery of Program Elements
Affiliate agrees to comply with the specifications provided by 3ZenX from time to time to enable proper delivery, display, tracking and reporting of Program Elements.
8. Cooperation with 3ZenX and Authorities
3ZenX will cooperate with law enforcement and other authorities in investigating claims of illegal activity or suspected illegal activity, such as activities that fraudulently inflate the volume of impressions or clicks. Affiliates shall cooperate with 3ZenX in any corrective action that 3ZenX deems necessary to correct and prevent impermissible use of the Program Elements, such as providing 3ZenX with all information necessary to investigate the suspected violation.
9. Modifications to this Policy
3ZenX may modify this AAUP at any time, without liability, as it deems appropriate in its sole discretion. Your use of Program Elements, after notice that this AAUP has changed indicates acceptance of the updated AAUP.
Terms FAQ
For more information on 3ZenX ’s Terms, please see our 3ZenX Terms FAQ.
Privacy Policy
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Privacy FAQ
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Data Processing Agreement
Controller to Processor Data Processing Addendum
This Data Processing Addendum (“Addendum”) between You and the 3ZenX entity acting as Processor under Applicable Data Protection Law, is incorporated into our Terms of Service, and solely applies to limited situations where 3ZenX acts as a Processor of Client Personal Data on your behalf (as Controller).
You (or “Client”) and 3ZenX are referred to collectively as the “Parties,” and individually each as a “Party.”
1. Definitions
Words and expressions used in this Addendum but not defined herein shall have the meanings given to such words and expressions in the GDPR unless otherwise stated herein. Where the Applicable Data Protection Law gives means to such words and expressions that differ from the GDPR, then those meanings in the Applicable Data Protection Law shall apply instead for purposes of compliance with such Applicable Data Protection Law. The following definitions apply to this Addendum unless otherwise specified herein.
Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with 3ZenX . “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
Applicable Data Protection Law means all laws, regulations, and other legal requirements relating to (i) privacy, data security, consumer protection, marketing, promotion, and text messaging, email, and other communications; (ii) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of Personal Data applicable to the processing of Client Personal Data under the Agreement including but not limited to General Data Protection Regulation 2016/679 (“GDPR”), Federal Data Protection Act of 19 June 1992 (Switzerland), UK Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR), Japanese Act on the Protection of Personal Information (Act No. 57 of 2003 as amended in 2015) and any US state or federal laws or regulations pertaining to the collection, use, disclosure, security or protection of personal data, or to security breach notification, e.g. California Consumer Privacy Act of 2018 (“CCPA”) and California Privacy Rights Act of 2020 (when effective); and binding guidance and / or codes of practice issued by a competent supervisory authority under applicable laws (as defined in the GDPR), or the European Data Protection Board.
Business Contact Information means the names, mailing addresses, email addresses, and phone numbers regarding the other Party’s employees, directors, vendors, agents and customers, maintained by a Party for business purposes as further described below.
Client Personal Data means Client-owned or controlled personal data provided by or on Your behalf to 3ZenX or an 3ZenX affiliate or subcontractor for processing under Applicable Data Protection Law pursuant to the Agreement. Unless prohibited by Applicable Data Protection Law, Client Personal Data shall not include information or data that is anonymized, aggregated, de-identified and/or compiled on a generic basis and which does not name or identify a specific person.
“Controller“, “Consent“, “Processor“, “Sub-Processor“, “Data Subject“, “Personal Data”, “Processing” or similar terms shall have the meaning given under Applicable Data Protection Law. For the avoidance of doubt, Processor includes without limitation, a “Business” as defined by the CCPA, “Service Provider” as defined by the CCPA, and “business operator handling personal information” as defined by the APPI. For the purposes of this Addendum Processor shall mean 3ZenX .
3ZenX means the 3ZenX entity contracting with You in the context of the Agreement together with all relevant Affiliates.
Personal Data Breach means an actual, confirmed breach of security of Client Personal Data that results in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to such Client Personal Data transmitted, stored or otherwise processed by a Party under the terms of the Agreement.
Standard Contractual Clauses means: (i) where the GDPR applies the contractual clauses annexed to the European Commission’s Implementing Decision 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (the “EU SCCs”); (ii) where the UK GDPR applies, the applicable standard data protection clauses adopted pursuant to Article 46(2)(c) or (d) of the UK GDPR (the “UK SCCs”); and (iii) where the Swiss DPA applies, the applicable standard data protection clauses issued, approved or otherwise recognized by the Swiss Federal Data Protection and Information Commissioner (“FDPIC”)(the “Swiss SCCs“).
Technical and Organizational Security measures means those measures as set forth in Appendix B of this Addendum, aimed at protecting Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
UK GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of Section 3 of the European Union (Withdrawal) Act 2018 and as amended by subsequent legislation.
UK SCCs Addendum means the standard contractual clauses addendum issued by the UK Secretary of State for the transfer of Personal Data outside the UK and any amendment or replacement of such standard contractual clauses pursuant to Article 46(5) of the GDPR
For purposes of this Addendum all references to “You”, “Your” or “Client” shall mean You, the individual or organization accessing the 3ZenX Site in your capacity as an Employer and the Controller and owner of Your Personal Data (as defined above).
1. Representations and Warranties
2.1 Each Party represents and warrants that it will comply with the requirements of Applicable Data Protection Law as applicable to such Party with respect to the processing of the Client Personal Data.
2.2 Each Party warrants and represents it has no reason to believe that the Data Protection Law prevents it from providing or receiving any services under the Agreement; and
2.3 Each Party warrants and represents it has the corporate power and capacity to perform its obligations under this Addendum
2.4 You represent and warrant to 3ZenX that:
2.4.1 You shall comply with and provide all of your obligations under this Addendum in accordance with best industry practice;
2.4.2 You have no reason to believe that Applicable Data Protection Law prevents You from entering into this Addendum or fulfilling any of Your obligations under this Agreement;
2.4.3 You have all necessary authorisations to enable or entitle You to enter into this Addendum, including but not limited to instructions, notices, licenses and consents, and that these have been obtained and are in full force and effect and will remain in such force and effect at all times during the subsistence of this Addendum;
2.4.4 You shall only provide processing instructions that are lawful and You shall have sole responsibility for the accuracy, quality, and legality of Client Personal Data and the means by which it was acquired;
2.4.5 neither the execution and delivery of this Addendum nor Your performance of any of Your obligations hereunder violates any (a) law to which You are subject; (b) judgment or order by which You are bound; (c) constitution or other equivalent constituting documents; or (d) other agreement or instrument which is binding on You or Your assets; and
2.5 Prior to transmitting Client Personal Data to 3ZenX , You shall inform 3ZenX of any requirements pertaining to the transmitted Client Personal Data.
2.6 3ZenX represents and warrants to You that:
2.6.1 it will process the Client Personal Data (as set out in Appendix A) only in accordance with your documented processing instructions which may be given from time to time (including as as set forth in the Agreement and this Addendum), save as otherwise required by law. The Parties agree that the Agreement and this Addendum, along with the Client’s configuration of or any use of any settings, features, or options in the services (as the Client may be able to modify from time to time) constitute the Client’s complete and final instructions to 3ZenX in relation to the processing of Client Personal Data (including for the purposes of the SCCs), and processing outside the scope of these instructions (if any) shall require prior written agreement between the Parties. For the avoidance of doubt, the Client acknowledges and agrees that the documented instructions include the processing of Client Personal Data for the purposes of providing, supporting, and improving 3ZenX services (including to provide insights and other reporting).
2.6.2 it will promptly notify You if 3ZenX determines that Your processing instruction violates any Applicable Data Protection Law (provided that nothing herein shall require 3ZenX to provide legal or regulatory advice or monitor Applicable Data Protection Law as they apply to You).
1. Disclosure and Processing of Client Personal Data
3.1 When providing or making available Client Personal Data to 3ZenX , You shall only disclose or transmit Client Personal Data that is necessary for 3ZenX to perform the applicable services under the Agreement.
3.2 Following expiration or termination of the provision of services under the Agreement and relating to the processing of Client Personal Data, 3ZenX shall promptly and securely delete all Client Personal Data (including existing copies) pursuant to its data retention schedule and as required by applicable laws. Notwithstanding the data retention schedule, upon Your written request following the termination of services, 3ZenX shall destroy all Client Personal Data in our possession, unless otherwise required or permitted by applicable laws.
3.3 All 3ZenX personnel, including subcontractors, authorized to process the Client Personal Data shall be subject to confidentiality obligations and/or subject to an appropriate statutory obligation of confidentiality.
3.4 You expressly acknowledge and agree that, in the course of providing the services, 3ZenX may anonymize, aggregate, and/or otherwise de-identify Client Personal Data (“De-Identified Data”) and subsequently use and/or disclose such De-Identified Data for the purpose of research, benchmarking, improving 3ZenX ’s offerings generally, or for another business purpose authorized by Applicable Data Protection Law provided that 3ZenX has implemented technical safeguards and business processes designed to prevent the re-identification or inadvertent release of the De-Identified Data.
1. Security Measures
4.1 Each Party shall implement appropriate technical and organizational security measures to safeguard Client Personal Data from unauthorized or unlawful processing, destruction, loss, alteration, damage or disclosure. The Parties agree:
4.1.1 taking into account the ongoing state of technological development, the costs of implementation and the nature, scope, context and purposes of the processing of the Client Personal Data, as well as the likelihood and severity of risk to individuals, that 3ZenX ’s implementation of and compliance with the security measures set out in Appendix B (“Technical and Organizational Security Measures”) are sufficient to provide a level of security appropriate to the risk in respect of the processing of the Client Personal Data; and
4.1.2 the Technical and Organizational Security Measures implemented pursuant to this clause 4 and Appendix B are subject to technical progress and development and that 3ZenX regularly reviews and may update or modify them from time to time in order to ensure that the processing of Client Personal Data is performed in accordance with this Addendum and Applicable Data Protection Law.
4.2 Personal Data Breach
If 3ZenX becomes aware of an actual or suspected Personal Data Breach, of Client Personal Data, 3ZenX will notify You without undue delay. 3ZenX will provide You with such information, assistance, cooperation , and taking into account the nature of the services provided and the information available to 3ZenX , take reasonable commercial steps to: (i) investigate and mitigate the Personal Data Breach and (ii) assist with respect to Your breach notification obligations under any Applicable Data Protection Law. The Parties agree to coordinate in good faith on developing the content of any related public statements and any required notices to the affected data subjects and/or the appropriate regulator in connection with a Personal Data Breach, provided that nothing in this clause shall prevent either party from complying with its obligations under Applicable Data Protection Law.
1. Audits and Inspections
Upon written request, 3ZenX shall make available to You, no more than once annually and strictly at your own cost, information reasonably necessary to demonstrate 3ZenX ’s compliance with its obligations under this Addendum and Applicable Data Protection Law. You shall be solely responsible for determining whether the Services and 3ZenX ’s Security Measures as set forth in Appendix B will meet your needs, including with respect to any Data Protection Laws.
1. Data Subject and Supervisory Authority Requests
To the extent required under Applicable Data Protection Law and taking into account the nature of the services provided, 3ZenX shall:
6.1 provide such assistance to You as is reasonably requested with respect to Your obligations to comply with requests from Your data subjects to exercise their rights under Applicable Data Protection Law. 3ZenX shall notify You without delay upon receipt of any request by a data subject to exercise his or her rights under Applicable Data Protection Law in respect of any Client Personal Data. 3ZenX will not independently respond to such requests from Your data subjects except where otherwise required by Applicable Data Protection Law. You undertake to inform 3ZenX (as the processor / service provider) of any data subject (or consumer) request received and shall provide 3ZenX with the necessary information to allow 3ZenX to comply with the request when required to do so; and
6.2 notify You of all enquiries or communications from a competent supervisory authority that 3ZenX receives which relate to Client Personal Data processed in connection with providing the services and under this Addendum and the Agreement unless prohibited from doing so at law or by a regulator. You shall be responsible for all communications or correspondence with the competent supervisory authority in relation to Your role as Controller of Client Personal Data under Applicable Data Protection Law and, to the extent permitted by law.
1. Privacy Impact Assessments and Prior Consultation
To the extent required under Applicable Data Protection Law and taking into account the nature of the services provided and the information available to 3ZenX , and to the extent You do not otherwise have access to the relevant information, 3ZenX shall provide reasonable assistance to You as reasonably requested with respect to Your obligations to conduct privacy / data protection impact assessments with respect to the processing of Client Personal Data.
1. Subprocessors
You generally authorize the engagement of Subprocessors by 3ZenX and a list of existing Subprocessors (to the extent that Subprocessors shall be used) may be made available on request. 3ZenX shall enter into a written agreement with each Subprocessor(s) that imposes on the Subprocessor the same data protection obligations that are imposed on 3ZenX pursuant to this Addendum. You shall promptly, and in any event within 10 business days, notify 3ZenX in writing of any reasonable objection to such changes / appointment. You acknowledge that 3ZenX ’s Subprocessors are essential to provide the services and that if You object to 3ZenX ’s use of a Subprocessor, then notwithstanding anything to the contrary in the Agreement, 3ZenX will not be obligated to provide the services to You for which 3ZenX uses that Subprocessor and any adjustments required by You shall be at your cost. Any disagreements between the Parties shall be resolved via the contract dispute resolution procedure.
1. Transfers
9.1 Transfers of EEA/Swiss Data
To the extent that GDPR and complementary data protection laws in EU member countries (“EU Data Protection Law”) applies to the processing of Client Personal Data, 3ZenX agrees that it will not transfer Client Personal Data out of the EEA and/or Switzerland to a country that has not been identified by the European Commission or a Supervisory Authority under EU Data Protection Law as a country that provides an adequate level of data protection except where 3ZenX has ensured appropriate safeguards are in place, such as the Standard Contractual Clauses approved by the European Commission unless otherwise required by applicable law. 3ZenX and You hereby enter into the Standard Contractual Clauses (as further set out in the Schedule to this Agreement) in respect of such transfers.
9.2 Transfers of UK Data
Subject to subsection 9.4 below, the Parties shall rely on the UK Standard Contractual Clauses as amended from time to time by the Information’s Commissioner Office (the “UK SCCs”), to protect Client Personal Data being transferred from the United Kingdom (UK) to a country outside the UK not recognized as providing an adequate level of protection for personal data. You, acting as data exporter, shall execute, or shall procure that Your relevant entities execute, such UK SCCs with the relevant 3ZenX entity or a third-party entity, acting as a data importer.
9.3 Transfers of non-EEA/Swiss/UK Data
In the event that Client Personal Data is to be transferred outside the country of origin in connection with the provision of Services under the Agreement and this country is not located within the EEA, Switzerland or the United Kingdom, the Parties will work together expeditiously and in good faith to establish the appropriate transfer mechanism to be implemented, as required by applicable Data Protection Law.
9.4 Transfer Mechanism
In the event that the transfer mechanisms agreed by the Parties herein are amended, replaced, or cease to be authorized as a means to provide “adequate protection” with respect to transfers of Client Personal Data, the Parties will work together expeditiously and in good faith to establish another valid transfer mechanism and/or implement supplementary measures as needed to establish appropriate safeguards for such data. Any impacts on the terms of the Agreement and the provision of the services caused by such new requirements will be addressed by the Parties in accordance with Section 16 (Changes in Laws) below.
1. California Consumer Privacy Act
10.1 The following shall apply to the extent that the CCPA is applicable. 3ZenX shall: (i) not sell or share any Client Personal Data (as defined by CCPA); (ii) not retain, use or disclose any such Client Personal Data for any purpose other than business purpose(s) specified in accordance with the Agreement, unless permitted by law; (iii) not retain, use or disclose such Client Personal Data outside the direct business relationship between 3ZenX and Client, as set forth in the Agreement, unless otherwise permitted by law; (iv) provide the same level of privacy protection required of Client by the applicable obligations under CCPA for Client Personal Data ; (vii) notify the Client if it can no longer meet its obligations under the CCPA and will work with the Client to take reasonable and appropriate steps to stop and remediate unauthorized use of Client Personal Data.
10.2 Client agrees that execution of the Agreement by 3ZenX shall be deemed to constitute any certification that is required under applicable Data Protection Laws to the restrictions on sale, retention, use, or disclosure of Client Personal Data.
1. Use of Business Contact Information
Each Party consents to the other Party using its Business Contact Information for contract management, payment processing, service offering, and business development purposes, including business development with partners, and such other purposes as set out in the using Party’s global data privacy policy (copies of which shall be made available upon request). For such purposes, and notwithstanding anything else set forth in the Agreement or this Addendum with respect to Client Personal Data in general, each Party shall be considered an independent Controller with respect to the other Party’s Business Contact Information and shall be entitled to transfer such information to any country where such Party’s global organization operates.
1. Disclaimer of Liability
3ZenX will not be liable for any claim brought by a data subject arising from or related to 3ZenX or its Affiliates action or omission to the extent that 3ZenX was acting in accordance with Your instructions.
1. Governing Terms
13.1 This Addendum represents the entire agreement between the Parties in relation to its subject-matter and all previous representations, agreements and statements are hereby excluded.
13.2 For avoidance of doubt and without prejudice to the rights of any data subjects thereunder, this Addendum and any Standard Contractual Clauses (or other data transfer agreements) that the Parties or their affiliates may enter into in connection with the services provided pursuant to the Agreement will be considered part of the Agreement and the liability terms set forth in the Agreement will apply to all claims arising thereunder.
13.3 In the event of any conflict or ambiguity between terms of this Addendum and terms of the Agreement, the terms of the Addendum shall prevail. In the event of any conflict or ambiguity between terms of this Addendum and terms of the Standard Contractual Clauses, the terms of the Standard Contractual Clauses shall prevail. All other terms and conditions within the Agreement remain unchanged and in full force and effect.
1. Severability
Each and every provision of this Addendum is severable and distinct from the others and if at any time any provision of this is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Addendum.
1. Notices and Variation
All notices, consents, demands, and other communications required or permitted to be given by either Party under this Addendum shall be in writing. No amendment to this Addendum will be effective unless in writing and signed by both Parties.
1. Changes in Laws
In the event of (i) any newly enacted Applicable Data Protection Law, (ii) any change to an existing Applicable Data Protection Law (including generally-accepted interpretations thereof), (iii) any interpretation of a new or existing Applicable Data Protection Law by You, or (iv) any material new or emerging cybersecurity threat, which individually or collectively requires a change in the manner by which 3ZenX is delivering the services to You, the Parties shall agree in writing upon how 3ZenX ’s delivery of the services will be impacted and shall make equitable adjustments to the terms of the Agreement and the Services in accordance with any change procedures as may be agreed to by the Parties.
1. Governing Law and Jurisdiction
17.1 The jurisdiction of this Addendum shall be the jurisdiction of the Agreement. In the event there is no jurisdiction clause in the Agreement, any dispute or claim in connection with this Addendum shall be governed by and construed in accordance with:
17.1.1 in the case of the contracting 3ZenX entity being in the US, the laws of the state of Texas,
17.1.2 in the case of the contracting 3ZenX entity being outside the US, the laws of Ireland, and each of the Parties hereby consent to the exclusive personal jurisdiction (including non-contractual disputes or claims) of the federal or state courts located in Travis County, Texas, U.S.A, if the Data Processor is located in the United States of America, or Dublin, Ireland, if the Data Processor is located elsewhere.
SCHEDULE
EEA STANDARD CONTRACTUAL CLAUSES
1. The relevant Controller-Processor Standard Contractual Clauses (Module 2) are available at: https://hrtechprivacy.com/c2pscc
2. For the purposes of entering the Standard Contractual Clauses:
3. a) The optional Clause 7 shall not apply
4. b) Option 2 of Clause 9 (Use of sub-processors) shall apply.
5. c) The description of the transfer of Personal Data in Appendix A of this Agreement shall be deemed to be inserted in place of Annex I of the Standard Contractual Clauses;
6. d) Appendix B of this Agreement shall be deemed to be inserted in place of Annex II of the Standard Contractual Clauses.
UK STANDARD CONTRACTUAL CLAUSES
1. The UK SCCs Addendum is available at: https://hrtechprivacy.com/uk-scc
2. For the purposes of entering the UK SCCs Addendum:
3. a) The information contained in Appendix A of this Agreement shall be deemed to apply to Tables 1, 2 and 3 of the UK Standard Contractual Clauses; and
4. b) The information contained in Appendix B of this Agreement shall be deemed to apply to the final row (Annex II) of Table 3 of the UK Standard Contractual Clauses.
APPENDIX A
A. LIST OF PARTIES
Data Exporter(s) / Client:
Name:
Address:
Contact Name, Position, Details:
Relevant Activities:
Roles:
Data Importer:
Name:
3ZenX Ireland Operations Limited
Address:
Capital Docks, Sir John Rogerson’s Quay, Dublin 2, Ireland
Contact:
3ZenX Ireland Operations Limited
ATTN: Data Protection Officer
Capital Docks
Sir John Rogerson’s Quay
Dublin 2
Ireland
Relevant Activities:
3ZenX is engaged in the business of providing a web-based platform and related services for job seekers to upload resumes and search for jobs, and for businesses to post jobs, link jobs and locate candidates (the “3ZenX Services”).
Role:
Processor
B. DESCRIPTION OF TRANSFER
Categories Data Subjects |
The personal data transferred concern the following categories of data subjects: Individuals about whom Personal Data is provided to 3ZenX via the Services by (or at the direction of) Client, which may include without limitation Client’s or its Affiliates’ employees, contractors, and end users. |
Purposes of the transfer(s) |
The transfer is made for the following purposes: 3ZenX will only process Client Personal Data as Processor for the following purposes and only when necessary and proportionate to comply with the Client’s instructions: Providing and updating the Services as licensed, configured, and used by Client and its users, including through Client’s use of 3ZenX settings, administrator controls or other Service functionality; Securing and real-time monitoring the Services; Resolving issues, bugs, and errors; Providing Client requested support, including applying knowledge gained from individual Client support requests to benefit all 3ZenX Clients but only to the extent such knowledge is anonymized as set out in the Agreement and this Appendix A detailing the subject matter, nature, purpose, and duration of Personal Data Processing in the Controller to Processor capacity; Any other documented instruction provided by Client and acknowledged by 3ZenX as constituting instructions for purposes of this Addendum. |
Categories of Personal Data |
Depending on the Services you use, the personal data transferred may primarily concern the following categories of data: |
Frequency of the transfer (e.g. whether the data transfer is a one-off or continuous basis) |
Continuous |
Special categories of personal data (if appropriate) |
Special categories are not required to use the Services. Such special categories of data include, but may not be limited to, Personal Data with information revealing racial or ethnic origin, political opinions, religious or philosophical belief, genetic or biometric data, data concerning your health or sexual orientation. To the extent such sensitive data is submitted, it is determined and controlled by Client in its sole discretion. |
Duration of processing |
The applicable term of the Agreement unless otherwise required by law. |
Nature and Subject Matter of the Processing |
3ZenX will process Client Personal Data for the purposes of providing the Services to Client in accordance with the Addendum. |
Retention period (or, if not possible to determine, the criteria used to determine that period) |
The applicable term of the Agreement unless otherwise required by law. |
C. COMPETENT SUPERVISORY AUTHORITY
Identify the competent supervisory authority/ies in accordance with Clause 13 of the SCCs: |
The competent supervisory authority, in accordance with Clause 13 of the EU SCCs, must be (i) the supervisory authority applicable to the data exporter in its EEA country of establishment or, (ii) where the data exporter is not established in the EEA, the supervisory authority applicable in the EEA country where the data exporter’s EU representative has been appointed pursuant to Article 27(1) of the GDPR, or (iii) where the data exporter is not obliged to appoint a representative, the supervisory authority applicable to the EEA country where the data subjects relevant to the transfer are located. |
With respect to Personal Data to which GDPR applies, the competent supervisory authority is the Irish Data Protection Commission. |
With respect to Personal Data to which the UK GDPR applies, the competent supervisory authority is the Information Commissioners Office (the “ICO”). |
With respect to Personal Data to which the Swiss DPA applies, the competent supervisory authority is the Swiss Federal Data Protection and Information Commissioner. |
APPENDIX B
TECHNICAL AND ORGANISATIONAL SECURITY MEASURES
In accordance with the Agreement, the Data Processor will adopt and maintain appropriate (including organizational and technical) security measures in dealing with Personal Data in order to protect against unauthorized or accidental access, loss, alteration, disclosure or destruction of such data, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
In determining the technical and organizational security measures required under the Agreement, the Data Processor will take account of the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.
The Data Processor will maintain the following specific security measures, as applicable:
ORGANIZATION OF INFORMATION SECURITY – Management direction and support for information security
· Policies for information security are documented and published.
· Chief Security Officer is appointed with responsibility for coordinating and monitoring security rules and procedures.
· Security roles and responsibilities are defined and allocated.
· Maintained information on third-party contact information to be used to report a security incident, such as Law Enforcement, relevant government departments, vendors, and Information Sharing and Analysis Center (ISAC) partners.
HUMAN RESOURCE SECURITY – Employee responsibilities for information security
· Background checks are conducted on candidates for employment in accordance with relevant laws, regulations and ethics based on job title and location.
· Terms and conditions of employment for every employee require acknowledging Company Guidelines which include Acceptable Use Policy, Employee Privacy Notice and Code of Conduct.
· Information security and privacy awareness, education, and training is conducted on hire and annually thereafter.
· Formal disciplinary process is documented, communicated, and acknowledged by new hires and employees annually.
ASSET MANAGEMENT – Identification and management of organizational assets
· Assets associated with data processing have been identified and an inventory is maintained.
· Rules for acceptable use have been documented, communicated, and acknowledged by new hires and employees annually.
· Sensitive data has been classified in terms of legal requirements to allow for access to be restricted.
LOGICAL SECURITY – Access control to information processing systems
· Access to information and information processing facilities is limited and controlled to only that data minimally necessary to perform the users’ job duties.
· A formal user registration and de-registration process is in place enforcing unique identification of users.
· Allocation and use of privileged access rights are restricted and controlled.
· Users are required to follow secure practices in the use of authentication information including password configurations providing for a minimum length of 10 characters. Password history of 12. Complexity requiring 3 out of the following 4 character types: Capital Letters, Lowercase Letters, Numbers, Special Characters.
· Automatic time-outs of accounts if left idle, with identification and password required to reopen.
· Automatic deactivation of user IDs when several incorrect passwords are entered.
· Multi-factor authentication (i.e., requiring at least two factors to authenticate a user) for remote access over virtual private network (VPN) to any network, system, application, or other asset containing classified information.
PHYSICAL SECURITY – Access and environmental control of information processing areas
· Security perimeters are defined and used to protect areas that contain restricted or confidential information and information processing facilities.
· Secure areas are protected by entry controls to ensure only authorized personnel are allowed access.
· Access to information processing facilities is logged and monitored by security.
· Physical protections against natural disasters, malicious attacks, and accidents are applied.
OPERATIONS SECURITY – Secure operations of information processing facilities
· Changes to information processing facilities are controlled.
· Centrally managed anti-malware software to monitor and defend information processing facilities.
· Logging enabled on information processing facilities to include detailed information such as event source, date, user, timestamp, source addresses, destination addresses with synchronized time sources.
· Periodic internal and external penetration testing of information processing systems is performed to identify vulnerabilities. Identified vulnerabilities are addressed as part of the vulnerability management program.
· A process to timely identify and remediate system, device, and application vulnerabilities through patches, updates, bug fixes, or other modifications to maintain the security of Personal Data.
NETWORK SECURITY – Security of information transmission
· Use of industry standard firewall and encryption technologies to protect the gateways and pipelines through which the data travels (e.g. TLS/SSL).
· Encryption of certain highly confidential data (e.g., personally identifiable information such as National ID numbers, credit or debit card numbers) at rest and when in transit across open networks in accordance with industry best practices.
APPLICATION SOFTWARE SECURITY – Information Security is designed and implemented within systems development
· Separation of development, testing and operational environments.
· Secure coding practices appropriate to the programming language and development environment are in use.
· Error checking is performed and documented for all input, including for size, data type, and acceptable ranges or formats.
· Verification of versions of software acquired from third parties are supported or appropriately hardened based on developer security recommendations.
· Software development personnel receive OWASP training in writing secure code.
· Static and dynamic analysis tools are used to verify that secure coding practices are being adhered to for internally developed software.
THIRD PARTY RELATIONSHIPS – Security of information and information processing facilities accessible by third parties
· Information security requirements for mitigating risks associated with third party access to information and information processing facilities are agreed to in writing.
· Third parties and third party services are assessed by security to identify security and data protection risks that must be addressed through either organizational or technical measures during contracting or implementation.
INCIDENT MANAGEMENT – Management of information security incidents
· Responsibilities and procedures for incident management are documented to define the roles of personnel as well as the phases of incident handling.
· Users are trained to report observed or suspected information security weaknesses and events to security immediately.
· Response to security incidents are conducted in accordance with documented procedures and retrospectives are conducted.
· Incident response exercises and scenarios are conducted periodically to maintain awareness and comfort in responding to real-world threats. Exercises test communication channels, decision-making, and incident responder’s technical capabilities using tools and data available to them.
AVAILABILITY – Redundancy of information processing facilities and backup of information
· Information, software, and system information are backed up regularly and are tested periodically.
· Backups are encrypted and replicated across geographic locations to provide for redundancy.
COMPLIANCE – Compliance with legal and contractual requirements and information security reviews
· Relevant legal and contractual requirements are documented and kept up to date of information processing facilities.
· Independent reviews of information security and its implementation are conducted on a periodic basis.
· Technical compliance reviews of information systems are conducted on a periodic basis to identify compliance with organizational policies and standards.