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Effective date: February 26, 2021
This Policy does not apply to (1) personal data controlled by our Customers (employers that utilize our Services, described further below); (2) personal data collected by unaffiliated sites that link to or are accessible from our Services; (3) personal data our partners may collect directly from you and control; (4) personal data collected and processed by us about our employees or job applicants responding to our job offers; and, (5) non-personal data derived from personal data, including any data that is aggregated, de-identified, or anonymized, statistical data, insights, or other predictive data that is sufficiently different from your personal data that it cannot be reversed engineered through reasonable means, or otherwise identified from analysis or further processing of the derived data (collectively referred to as the “Platform Data”). We use Platform Data to provide Customers with useful and relevant insights, build features and data services, and improve our Services.
We are the controller for the personal data discussed in this Policy, except as noted in the “Where We Are a Service Provider” section below.
Our Customers are organizations such as federal, state, local, tribal, or other municipal government agencies (including administrative agencies, departments, and offices thereof), private businesses, and educational institutions (including without limitation K-12 schools, colleges, universities, and vocational schools), who use our Services to evaluate job applicants and manage their relationship with their personnel. When we provide our Services to our Customers, the Customer generally controls and manages the personal data, and we process personal data as a data processor or service provider. Our legal obligations as a processor and service provider are set out in our Customer contracts and policies.
Where we serve as a data processor, our Customer contracts and policies require us to either instruct you to contact our Customer, or redirect your inquiry to our Customer
In this Section we set out general categories of personal data we may collect and the purpose for using your personal data, including the personal data collected and processed over the past year. We collect and process personal data to provide you the Services, fulfill our contractual responsibility to deliver the Services to our Customers, fulfill your requests, and pursue our legitimate interests and our business and commercial purposes. We also automatically collect data during your usage and collect other personal data about you from other sources. Your personal data will only be collected and used for purposes stated herein, where you provide additional consent, or as required by law or regulation - including national security or law enforcement requirements.
Information Provided by You.
We collect personal data from you directly when you visit our Services from either your computer, mobile phone, or other device, attend one our events, or communicate with our personnel. The categories of personal data we collect from you, including over the past year, involve the following:
|Types of Personal Data||Why the Personal Data is collected|
|Identification, account, and contact data, including your name, username and password, professional or personal email address, professional or personal telephone phone number, and account preferences.||
Profile and employment data including your name, professional or personal postal address, professional or personal e-mail or telephone number, employer name and location, job title or area of expertise, work experience and performance data, search history, job interest cards, education history, skills, certificates, and licenses.
We may collect age, gender, ethnicity, race, marital or other status, and in some cases, data related to your personal health, emergency contacts, biometric data when using our mobile app or time clocks, financial account data, and state issued identifiers such as driver’s ID and social security number. Some of our Customers are required to collect this personal data by law. We also collect any other supplemental personal data added at your discretion or requested by our Customer, including answers to minimum quality questions, and status of background checks or assessment tests.
|Communications and publication data including communication content within emails, phone and other voice recordings, online forms, chats, forums including our Customer Community, date and time of the communication, and the communication method.||
|Contact preferences data including marketing content preferences, and the status of whether you opted-out of our marketing notices.||
|Transaction and billing data including the Service purchased, billing details, financial data corresponding to your selected method of payment (e.g. a credit card or a bank account number).||
You may voluntarily submit other personal data to us through our Services that we do not request and are not required for the relevant data processing activity. In such instances, you are solely responsible for such personal data.
Information Collected Automatically.
With the help of our Service Providers, we also automatically collect personal data about you and your device and how you interact with our Services. Categories of personal data collected automatically include the following:
|Types of Personal Data||Why the Personal Data is collected|
Usage data including Services you purchase, IP address, webpages visited, what you click on, features you use, how often and when you use features, location of usage, jobs performed, Service configurations, browser type and version, error logs, and e-mails you view; and,
Device data including device address or other unique device identifying numbers, type of device, software and hardware attributes, your operating system, system and performance data, and mobile application permissions including cellular data, geolocation, access to photos, camera, calendars, and reminders.
|Location data including your device’s location through data that indicates a country, state, city or postal code, and in certain instances, by tracking the latitude and longitude of your IP address, Wi-Fi address, or device.||
|Log and other automatic data collection including data about the nature of each access, IP address, ISP, files viewed, content changes in certain cases, operating systems, device type and timestamps, pages you view, links you click, browser type, access times, and addresses of websites you were on just before you arrived on our Website.||
|Cookies, pixel tags (“web beacons”), and embedded scripts within our communications and on our Services to collect data related to usage, location, device and logs.||
Information from Other Sources.
We also receive your personal data described in this policy from third party sources, including from your employer (our Customer), third party companies we purchase personal data, partners, including partners listed on our Marketplace, and co-organizers and sponsors for our events and webinars.
Partners. We collect and use personal data originally collected by partners for joint product and marketing opportunities. For example, we receive profile data about the status of background checks and assessments you participate in, updates from payment processors regarding your purchases, receipts and analytics for text communications and emails you send and receive, or other profile data from integrated systems employers choose to connect with our Services. If you sign into our Services with Facebook or other single sign on services, we import the requested data from your account.
Data brokers. We purchase additional contact data to supplement and correct the contact and employment data we collect, including your name, professional or personal email address, professional or personal telephone phone number, employer name and location, job title or area of expertise.
Public sources. We collect personal data from publicly accessible websites and government sources, including your name, email address, and other profile data such as job title, employer name, and professional expertise.
We combine personal data about you from your use of the Services with other personal data to make inferences about you or our Customers. We may produce insights with the help of independent sources and processors. If you believe that your personal data was improperly collected or provided to use by one of the sources described above, please contact us at firstname.lastname@example.org.
We share personal data with other parties for the purposes stated herein or as required by law. The following categories are the entities we’ve shared personal data with, including over the past year.
We disclose personal data to our Customers (your current or potential employer) that utilize our services. For instance, when a job applicant responds to a job posting, we will share your personal data with the employer in order to facilitate the job search and hiring process. If your current or former employer uses one of our Services, personal data you input into those Services is accessible by that employer’s end users - subject to the security and access controls set up by the employer.
To Service Providers.
We share personal data with services providers to provide services on our behalf. For instance, we use service providers to facilitate our support services, data security, email, web hosting, research and analytics, data enrichment services, deliver and help us track our marketing and advertising content, process credit card payments, deliver payroll processing and disbursements, coordinate our customer conferences, and manage our sales and customer relations.
We share personal data with analytics and advertising companies that may act as our processor and a controller in other instances. We work with other entities to perform research, under controls that are designed to protect your privacy. We publish or allow others to publish insights, presented as either aggregated, anonymized, de-identified, or non-personal data.
If you download or access content on our Services or attend an event or webinar we host or co-host, we may share your personal data with sponsors of the event or webinar. The sponsor may also be a controller of your personal data in this instance, and processing of your personal data will be subject to the sponsors’ privacy statements as well.
To other parties when you give your consent.
We may also share personal data where you provide your consent or post your personal data publicly. Where required by law, additional consent is obtained before personal data is transferred to us or forwarded to other parties. For example, we share personal data with background check providers if a job applicant consents and we are instructed to do so by our Customers.
During your use of the Services, you may have the opportunity to visit or link to other websites, including websites by third parties unaffiliated with us. We have no relationship or control over unaffiliated websites. These websites might collect personal data about you, and you should review the privacy policies of such other websites to see how they treat your personal data.
To other third parties where required by law.
We also share personal data or data in order to meet any applicable law, regulation, legal process or enforceable governmental request, investigate violations and enforce policies, detect, prevent, or otherwise address fraud, protect against harm to the rights, property or safety of our users or the public, protect your vital interests or the vital interests of another natural person; and where disclosure is necessary for establishment, exercise or defense of legal claims or where there is reasonable belief that disclosure is required by law or regulations.
Mergers, Acquisitions, Dissolutions, Affiliates.
We may transfer or disclose personal data to another entity who acquires or may acquire any or all of our business units, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets, or bankruptcy. We disclose personal data to our affiliates with our Customers’ consent in order to facilitate any Service transition or implementation services.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser and device you use to access our Services. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Other data gathering mechanisms, such as web beacons, HTML Storage Objects, and web tags, are used by us and our service providers to gather more specific data on your use. A web beacon (also called a web bug or clear GIF) is a graphic on a webpage or in an email message that is designed to monitor who is reading the page or message. Web beacons are often invisible because they are typically only 1-by-1 pixel in size. Web beacons are often used alongside cookies to track activity. Web beacons may be used to add data to a profile about a site visited, provide an independent accounting of how many people have visited a website, gather statistics about usage, among other things. HTML Storage Objects are program code that collects data about your activity on our Services. The HTML is temporarily downloaded onto your device while you are connected to our Online Services.
Your data rights for personal data where we are the data controller.
You can review and enforce your personal data rights through your account, communications you receive from us, third party mechanisms, or with the assistance of our support team using the emails at the end of this Policy. For instance, you can:
Your data rights for personal data you submit to our Customers.
Upon making your personal data available to an employer (our Customer), your personal data may be controlled by our Customer. In this regard, we are a data processor for personal data Customers maintain have us process, and your data rights are subject to our Customers’ internal policies. For these reasons, we are not in a position to directly handle data requests for personal data controlled by Customers. You should contact the Customer regarding personal data they may hold about you and to exercise any data rights you may have. We will cooperate with such inquiry in line with applicable law and our contractual obligations with the Customer.
If you are a California resident, you have the additional data rights listed below. You can exercise some of these rights by utilizing the prompts within messages we send you within your account settings, or within the privacy settings on our web pages. Otherwise, you are also able to exercise these rights by contacting our support team using the privacy support emails listed at the end of this Policy. Please note, if we cannot verify your identity we may deny certain data right requests. You can designate an authorized agent to submit requests on your behalf, but we require written proof of the agent’s permission and verify your identity directly.
|California Privacy Right||How we fulfill your California Privacy Right|
|Right to notice of what categories of personal data and sensitive data is collected about you, the business or commercial purpose of collection, and access to such data.||
We’ve provided details on what personal data is collected about you for our business purposes in the “Personal Data We Collect About You and Why” section of this policy, or you can also receive this information by contacting us. However, to ensure compliance with CCPA, the following categories of personal data as defined by the CCPA have been collected over the past year:
You can print a copy of your Profile personal data using your web browser and download your attachments at any time by logging into your account and following the download process. Any further data access requests can be directed to us at the privacy support emails listed at the end of this Policy.
|Right to know who we share your data with||We share your information with others for legitimate business purposes. See the “Information We Disclose” section of this Policy for additional details.|
|Right to opt out of sale (“Do Not Sell My Information”)||
We do not sell personal data in the traditional sense; however, should an activity we undertake constitute a “sale” under the expanded definition of “sale” within the California Consumer Privacy Act, California consumers have the right to opt-out of the sale of your personal data.
We allow select companies to place tracking technologies like cookies on our sites, which allow those companies to receive information about your activity on our Services. The companies may use that data to serve you more relevant ads on our sites or others. Sharing data for online advertising like this may be considered a “sale” of personal data. California consumers have a right to opt-out of these sales. You have control over whether these technologies work on your devices. You can disable them using browser Do Not Track features or Cookie Settings provided by us.
|Right to delete certain personal data||You have the right to request deletion of your data unless an exception applies. Upon a verified and permissible request where no exception applies, we will delete your personal data where we are a controller, and instruct applicable service providers to do the same.|
|Right to non-discrimination||We do not discriminate against you in response to a request for the exercise of any of your rights.|
|Right to have an authorized agent exercise your rights on your behalf.||We will require written proof of the agent’s permission to do so and will verify your identity directly.|
California Civil Code Section 1798.83 permits our visitors who are California customers to request certain information regarding our disclosure of personal data to third parties for the third parties’ direct marketing purposes. To make such a request please send a letter to: Governmentjobs.com, Inc., 300 Continental Blvd. Suite 565, El Segundo, CA 90245 Attn: Privacy Department. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note Governmentjobs is not required to respond to requests made by means other than through the provided mail address.
A sale under Nevada law is the exchange of personal data for monetary consideration. We do not currently sell personal data as defined under Nevada law. If you want to submit a request relating to our compliance with Nevada law, please contact us at the privacy support emails listed at the end of this Policy.
Data Controllers and Processors.
EU Data Subject Rights.
Data subjects in Europe whose personal data we receive through appropriate safeguards have legal rights to determine whether we hold personal data about them, to access personal data we hold about them, and to obtain its correction, update, amendment, or deletion in appropriate circumstances. In particular, your rights may include:
Some of these rights may be subject to exception and limitation. In any case, we will respond to your request to exercise these rights within a reasonable time but no later than within 30 days of receiving a request. To request to exercise your rights, you may contact us at any of the privacy support emails listed at the end of this Policy. Some of the rights are complex, and you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights. You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en
Lawful Basis for Processing.
For personal data subject to the European Union General Data Protection Regulation and ePrivacy Directive, we rely on multiple legal bases for processing, including:
Consent. In certain cases, we ask you for your consent to process your personal data, for instance, for certain marketing purposes. You can withdraw your consent at any time; however, this will not affect the lawfulness of the processing before your consent was withdrawn. You can withdraw your consent by using the prompts within the messages you receive, the settings within your account, or by contacting our support using any of the privacy support emails listed at the end of this Policy.
Legitimate Interest. We process certain personal data for our legitimate interests. These legitimate interests include contacting you to provide support or sending you marketing information (subject to applicable law); detecting, preventing, and investigating illegal activities and potential security issues; and maintaining and improving our Services. We will balance our interests, the purpose and necessity of processing, and the rights and risks to you before we process for legitimate interests.
Performance of a Contract We process personal data to perform our obligations under an agreement with you or our Customers. For example, we use payment information you provide when you purchase a Service.
Other Legal Bases. In some cases, we may have a legal obligation to process your personal data, such as in response to a court or regulator order. We also may need to process your personal data to protect vital interests, or to exercise, establish, or defend legal claims.
Automated Decision Making and Profiling.
We use an automated chat bot within some of our Services to screen your requests and questions. The purpose of the automated chat bot is to fulfill frequently asked questions provided by our users, tag the requests and questions to route to our most appropriate contact, and improve our responses and Services. The chat bot is not fully automated and will not have a legal or significant impact on you.
For personal data transferred from the European Union, the United Kingdom, or Switzerland, we will provide appropriate safeguards, such as through use of standard contractual clauses.
We comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries, the United Kingdom, and Switzerland transferred to the United States pursuant to Privacy Shield. We have certified that we adhere to the Privacy Shield Principles with respect to such personal data. If there is any conflict between the policies in this Policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern personal data processed in reliance on Privacy Shield. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/. We will use appropriate safeguards to comply with the judgement issued by the Court of Justice of the European Union on July 16, 2020 declaring the EU-U.S. Privacy Shield Framework as invalid.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your sensitive data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal data, please submit a written request to email@example.com.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Where we rely on Privacy Shield Principles for onward transfers of personal data from the EU, the United Kingdom, and Switzerland, including the onward transfer liability provisions, we remain responsible under the Privacy Shield Principles for third-party agents processing personal data on our behalf.
Where we receive personal data under the Privacy Shield and then transfers it to a service provider acting as agent, we have certain liability under the Privacy Shield if both (i) the agent processes the personal data in a manner inconsistent with the Privacy Shield principles and (ii) we our responsible for the event giving rise to the damage. With respect to personal data received or transferred pursuant to the Privacy Shield Framework, we our subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
In compliance with the Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your personal data transferred in reliance on Privacy Shield to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact us by email at firstname.lastname@example.org.
We have further committed to refer unresolved privacy complaints regarding personal data transferred in reliance on Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints for more information and to file a complaint. This service is provided free of charge to you.
We have further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU, the United Kingdom, and Switzerland in reliance on Privacy Shield and in the context of the employment relationship.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
We implement physical, technical, and administrative safeguards designed to maintain data accuracy, integrity, and security, prevent unauthorized access, and facilitate correct use of personal data. Our security measures take into account the risk of harm to you and Customers, as well as the availability of technology, industry common practices, effectiveness of mitigation controls, and the sustainability of those controls by us.
Although we maintain the controls listed herein, transmission of data is not without risk and we complete security of your personal data cannot be guaranteed. Please note, you are responsible for keeping your login credentials secret at all times, including your username and password.
In the event we believe the security of your personal data in our possession or control may be compromised, we may seek to notify you by e-mail and you consent to our use of e-mail as a means of such notification.
For personal data we determine the purposes for and means by which it is processed, such personal data will not be kept for longer than necessary for the original purpose of collection, when no longer relevant, or upon permissible request. When the original purpose no longer exists, we will either delete or anonymize, or de-identify your personal data (subject to applicable law) or, if this is not possible, we will securely store your personal data until deletion is possible. Your personal data will be appropriately disposed in a manner designed to ensure it cannot be reconstructed or read. If you are a job applicant, after your account has been closed, we may retain Platform Data as permitted by law.
Where our Customer is the controller of your personal data, our retention policies and procedures are designed to allow Customers to comply with their own record retention requirements. If you are a job applicant that deletes your profile with us, your personal data will be removed, anonymized, or de-identified with our job applicant database; however, your data may persist within the applications you previously submit to our Customers until Customer disposal. Job applicants should contact the Customer they sent the application to if they seek enforcement of eligible data rights in that application.
These Services are not directed at children under the age of thirteen (13) and we do not knowingly collect personal data from children under the age of thirteen (13). If we become aware that we have inadvertently received personal data from a person under the age of thirteen (13), we will delete the personal data from our records. If you believe that we have collected personal data from a child under 13 without parental consent, you may report this to us using any of the privacy support emails listed at the end of this Policy.
If you are a California resident under 18 years old, you have the right to remove personal data you have posted to our Services. Please contact us using any of the privacy support emails listed at the end of this Policy, and describe what personal data you’ve posted that you now want removed. We will use reasonable efforts to remove such personal data in compliance with the law and our other obligations stated herein. We do not sell the personal data of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age.
We reserve the right to revise our Policy to reflect changes in our online information practices or to comply with the law by publishing a new version on our website. In circumstances where we materially change the way in which we collect or use personal data, we materially change the terms of this Policy, or where personal data is no longer used consistently with a previously named purpose, we will provide notice and publish the new version on our website. You should periodically check this page to remind yourself of the rights herein.
This website is owned and operated by Governmentjobs.com, Inc. (DBA “NEOGOV”). Our principal place of business is at 300 Continental Blvd., El Segundo, CA 90245. You can contact us by email, telephone, or regular mail using the contact information listed herein.
If at any time you have questions or concerns about this Policy, please feel free to e-mail us at the appropriate contact relative your jurisdiction:
Data Protection Manager at email@example.com
Users who have a visual disability may be able to use a screen reader or other text-to-speech tool to review the contents of this Policy. If you experience any difficulties assessing the information here or you wish to obtain a copy of this Policy, please contact us using the details above.
Effective date: September 22, 2020
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information.
Re-use of any of NEOGOV’s Service Specifications for any purpose is strictly prohibited without our prior written permission. Please direct any requests for permission to support@GovernmentJobs.com.
You must not:
If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless NEOGOV has agreed with you otherwise. You may not use the Services in a way that would subject NEOGOV to those industry-specific regulations without obtaining NEOGOV”s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with NEOGOV that permits you to do so.
Your level of access should be limited to ensure your access is no more than necessary to perform your legitimate tasks or assigned duties. If you believe you are being granted access that you should not have, you must immediately notify NEOGOV.
Monitoring and Enforcement; Termination. You agree that we may monitor the Services to (1) comply with any applicable laws, regulations, or other government requests, (2) operate the Services or to protect itself and its users and members, and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time. More specifically, we have the right to:
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS GOVERNMENTJOBS.COM, INC. AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER GOVERNMENTJOBS.COM, INC. OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the foregoing, we are not responsible for screening, policing, editing, or monitoring postings and encourages all users to use reasonable discretion and caution in evaluating or reviewing any post. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards. These Content Standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NEOGOV, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
Online Purchases; Add-On Services
Text Message and Email Communications. We may offer you the opportunity to receive text message and email notifications regarding notices, reminders, status updates, support, administrative message and disclosures, or other related human resource related notices from us or our Customers. Communications through these methods may be routed through a third-party service.
SMS messages will be sent to you strictly in accordance with your preferences, and only after you have explicitly opted in. If you change your mind at any time, and no longer wish to receive SMS messages, reply to a message with the word “OPTOUT” in all capital letters. Afterwards, should you choose to begin receiving messages again, reply with the word “OPTIN” in all capital letters. job seekers may also control their receipt of SMS messages through their job seeker Account preferences, by contacting the Customer whom the text message pertains to, or by notifying NEOGOV Support.
Should you allow SMS messages sent to you by NEOGOV or NEOGOV Customers, you agree to accept such text messages on your mobile phone including messages sent by automated telephone dialing system. You certify that you are the owner of the mobile phone entered or are authorized to use this mobile phone to receive SMS.
You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. The number of messages you receive will vary depending on the number of jobs you applied to, jobs you searched for, or the number Customers you allow to contact you. You may receive a text message confirming your subscription. NEOGOV reserves the right to suspend or terminate your SMS messages for any reason, with or without notifying you.
Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. If your mobile number changes, you are responsible for informing the Customer of that change. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Additional Terms for Third-Party Services.
Specific Third-Party Providers.
Stripe. Some of the Services allow you to use Stripe to make payments. Your use of Stripe is subject to the applicable Stripe Terms of Service found at https://stripe.com/connect/legal.
Plivo. Some of the Services allow you to send or receive text messages through Plivo, Inc. If you are Personnel or other Customer agent using the text messages services on behalf of a Customer, you agree to use the text message services in compliance with law and agree to the Plivo Acceptable Use Policy available at https://www.plivo.com/aup/.
NEOGOV’s Liability. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
NEOGOV SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, EXPENSES OR OTHER CONSEQUENCES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF DELAY IN OR INABILITY TO DELIVER ANY SERVICES DUE TO CIRCUMSTANCES OR EVENTS BEYOND NEOGOV’s REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION: (A) ACTS OF GOD; (B) CHANGES IN OR IN THE INTERPRETATION OF ANY LAW, RULE, REGULATION, OR ORDINANCE; (C) STRIKES, LOCKOUTS, OR OTHER LABOR PROBLEMS; (D) TRANSPORTATION DELAYS; (E) UNAVAILABILITY OF SUPPLIES OR MATERIALS; (F) FIRE OR EXPLOSION; (G) RIOT, MILITARY ACTION, OR USURPED POWER; OR (H) ACTIONS OR FAILURES TO ACT ON THE PART OF A GOVERNMENTAL AUTHORITY.
NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SERVICES AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NEOGOV NOR ANY PERSON ASSOCIATED WITH NEOGOV MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER NEOGOV NOR ANYONE ASSOCIATED WITH NEOGOV REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, NEOGOV HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You acknowledge that NEOGOV exercises no control over employer human resource practices implemented using the Service or decisions as to employment, promotion, termination, or compensation of any job seeker or personnel. Employers are solely responsible for their postings on the Services. NEOGOV is not to be considered to be an employer with respect to your use of any NEOGOV Service and NEOGOV shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any NEOGOV Service. In addition, employers are responsible for the privacy, collection, use, retention and processing of employer owned data, and providing any and all notices regarding the foregoing, in compliance with all applicable laws.
Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEOGOV, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER’S USE, OR INABILITY TO USE, THE SERVICES, UNDER ANY CIRCUMSTANCE, CAUSE OF ACTION OR THEORY OF LIABILITY, OR DUE TO ANY EVENT WHATSOEVER, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, LOSS OF USE, LOSS OF GOODWILL OR BUSINESS STOPPAGE, LOSS OF DATA, EVEN IF FORESEEABLE OR NEOGOV KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITATION OF THE FOREGOING, EXCEPT FOR DAMAGES ARISING OUT OF NEOGOV’s GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF NEOGOV, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED ($100.00) U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND HAS BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your Comments and Concerns.
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