Service Overview. VIDCRUITER connects Clients with individuals who register to use our Website (“Candidates”) in order to fill certain job vacancies. The VIDCRUITER service facilitates the submission of Candidates’ job applications, including the online recording of text, audio and video responses to interview questions selected by Clients along with reference checking (the “Service”). The Service utilizes seven dynamic products, including, VidTracking, VidInterviewing, VidReferencing, VidTrainer, VidOnboarding, and VidHiring as further described on the Website (the “VIDCRUITER Offerings”).
- Your Conduct. You acknowledge and agree that You are solely responsible for any information or advice that You provide using the Website and/or Service and any action You may take with respect to any Applications, and you further represent and warrant that You will only provide information that is appropriate and accurate. In addition, You acknowledge that You are responsible for your use of the Services including any content you post on the Website or through the Services (“User Content”).
In using the Website and Service You agree that You will not:
copy or distribute any part of the Website or Service (including any User Content shared with You) without VIDCRUITER’s prior consent and the consent of the User (in the case of Candidates’ content);
utilize Public Profile Link Service which enables anyone who has the link access to the content at the link without inputting a password (the “Public Profile Link Service”) unless You include specific releases and indemnities absolving VIDCRUITER from any potential claims or liability relating to the use of Public Profile Link Service;
(c) alter or modify any part of the Website or Service;
(d) upload, post, email, transmit or otherwise make available on the Website or through the Service:
any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,
any falsehoods or misrepresentations including statements that create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm Candidates in any way;
any advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, excluding legitimate job postings on Your public page on the Website;
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Candidates or visitors to the Website or that compromises a User’s privacy;
(e) impersonate any person or entity or misrepresent their affiliation with a person or entity;
(f) interfere with or disrupt the Website and/or Service or servers or networks connected to the Website and Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Website and Service or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(g) collect or store personal information about Candidates or viewers except for information shared with You directly by Candidates, in which case You shall only collect or store such personal information in accordance with all applicable laws;
(h) resell the content of the Website or Service, the use of the Website or Service or access to the Website or Service;
(i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; or
(j) access the Website or Service in order to create or have created a competing product or service.
- Your Responsibilities. Clients acknowledge that it is their responsibility, and not that of VIDCRUITER, for:
Feedback: Website and/or Service. If You provide VIDCRUITER with any suggestions, comments or other feedback ("Feedback") relating to the Website, the Service or a trial of the Service if you sign up for one pursuant to VIDCRUITER’s trial evaluation agreement, VIDCRUITER may use such Feedback freely including to improve the Website and the Service. Accordingly, You agree that: (a) VIDCRUITER is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or the proprietary information of You or any third party, and You have all of the necessary rights to disclose the Feedback to VIDCRUITER, (c) VIDCRUITER (including all of its successors and assigns} may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in which case You shall not be entitled to receive any compensation or re-imbursement of any kind from VIDCRUITER.
Links to Third-Party Websites. The Website or Service may contain links to other websites that are not owned or controlled by VIDCRUITER. VIDCRUITER is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-VIDCRUITER websites does not imply that VIDCRUITER endorses or accepts any responsibility for the content or use of such websites.
DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE and SERVICE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, VIDCRUITER DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE OR SERVICE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED; OR (IV) THIS WEBSITE and SERVICE and THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIDCRUITER SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. VIDCRUITER DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR SERVICE OR FOR ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR SERVICE OR IS FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE OR SERVICE. VIDCRUITER SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY UNLESS EXPRESSLY ACKNOWLEDGED BY VIDCRUITER IN WRITING. Information sent or received over the Internet is generally unsecure and VIDCRUITER cannot and does not make any representation or warranty concerning security of any communication to or from the Website OR SERVICE or any representation or warranty regarding the interception by third parties of personal or other information.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL VIDCRUITER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR SERVICE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE OR SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES; (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE OR SERVICE; (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICE; (VI) YOUR NON-COMPLIANCE WITH ANY LAW, INCLUDING, WITHOUT LIMITATION, ALL PRIVACY AND EMPLOYMENT-RELATED LAWS; (VII) THE USE OF SAMPLE QUESTIONS PROVIDED BY VIDCRUITER; (VII) YOUR DECISION TO HIRE OR NOT HIRE CANDIDATES; (IX) DISCRIMINATION BY YOU; (X) YOUR FAILURE TO ACCOMMODATE CANDIDATES WITH DISABILITIES; (XI) VIDCRUITER’S USE OF AN EFFECTIVE HIRING PROGRAM (WHICH SHOULD NOT BE RELIED UPON AS THE ONLY PROCESS OR DATA POINT IN MAKING HIRING DECISIONS); OR (XII) ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THIS WEBSITE OR SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF VIDCRUITER HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY OR WILL BE SUFFERED BY ANY PERSON OR ENTITY WHATSOEVER. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Release. Because VIDCRUITER does not supervise or control interactions between Candidates and Clients; and because VIDCRUITER cannot guarantee the true identity, age, nationality of Candidates; and because VIDCRUITER has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various information provided through or in connection with the Website and/or Service and the conduct of users of the Website and/or Service, You agree that You bear all risk and you agree to release VIDCRUITER (and its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) for all liability, actual and consequential of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website or Service, transactions with Candidates or transactions with third parties. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. Without limiting the foregoing, You also acknowledge and hereby release VIDCRUITER from all potential claims, including but not limited to:
- ensuring that the process as well as all questions (even samples provided by VIDCRUITER) are legal in their jurisdiction;
- any claims relating to any hire/no hire decision made by You;
- any decision to hire/not hire and the results of the VIDCRUITER process should not be taken as a recommendation either way;
- ensuring that Your hiring process is not discriminatory, including making alternate interview methods available to any applicant that is not able to conduct an interview through the VIDCRUITER process for any legally protected reason;
- any claims relating to equitable estoppel and/or privacy laws; and
Claims relating to VIDCRUITERS use of an effective hiring program; and
Claims relating to the questions that You ask, even if You use sample questions provided by VIDCRUITER.
Copyright and Trademark Information. This Website and/or Service, and the information and materials that it contains, are the property of VIDCRUITER and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All VIDCRUITER product names and logos are trademarks or registered trademarks. Nothing contained on this Website or Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website and/or Service or any materials displayed on this Website or Service, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of VIDCRUITER. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
Changes to the Service or Website. VIDCRUITER reserves the right to alter the Website and/or Service at any time and for any reason or no reason without any liability to You. If VIDCRUITER suspends or discontinues this Website and/or the Service, thirty (30) days written notice shall be provided. The Website or Service may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. VIDCRUITER may periodically add or update the information and materials on this Website or Service without notice.
LAST UPDATE: February 22, 2013
Objective and Scope of Policy
We aim to collect, use and disclose only that information reasonably required to enable us to provide the Services, to maintain our client/visitor lists, to respond to Your inquiries or feedback and for other purposes further described in this Policy.
Collection of Information
"Personal Information" means personally identifiable information, such as Your name, address, e-mail address, birth date and gender. At the time of collection we will set out clearly the information that we are collecting and the purposes for which we will use it. You may also provide some optional information and it is always Your choice whether or not to provide Personal Information. However, if You choose not to provide requested Personal Information, You will not be able to use certain features of the Website and/or Service.
We collect the following information about You and Your use of our Website and/or Service in order to create a better, more personalized experience for You:
Your email address, Your name, Your log in information (including a password selected by You), Your physical address, Your phone number, Your postal or zip code; and
You may choose to add details of Your or Your company’s history and employment practices to Your profile which You can make available to all Candidates.
The following is a non-exhaustive list of the main means by which VIDCRUITER may collect Personal Information on this Website and/or Service:
- Communications from You with us or to Candidates;
- Postings on the public areas of the Website (such as job postings);
- Client support;
- Use of the Service; and
" means information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the Website, and the type and version of browser or operating system being used. Aggregate information, such as demographic statistics of our Candidates (e.g. average age or geographical allocation of our Candidates), number of visitors, what pages Candidates access or visit, average time spent on this Website, and information volunteered by the user, such as survey information, is also considered Non-Personal Information. Business contact information such as the name, title, business address or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.
Non-Personal Information is collected or derived by us in the course of operating the Website and Service. For example, our web servers may automatically collect Non-Personal Information that is provided through Your browser or stored on a Cookie when You choose to visit the Website. We need this information in order to operate the Services, but we do not share it with any third parties. This policy does not restrict our use of Non-Personal Information.
Use of Personal Information
VIDCRUITER collects Personal Information mainly for the following purposes:
Disclosures & Transfers
From time to time we may employ third parties to help us improve the Website and/or Services. These third parties may have limited access to databases of Website and/or Service user information or registered member information solely for the purpose of helping us to improve the Website and/or the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.
We may disclose Your Personal Information to third parties without Your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website members, other Candidates of the Service, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.
We may disclose Your Personal Information in the process of conducting live demonstrations of the Website and/or Service to prospective investors and/or prospective clients. However, any such third parties will be subject to contractual restrictions prohibiting them from using Your Personal Information for any purpose whatsoever.
Outside Parties and Sites
Additional Privacy Protections for Minors
The security of Your Personal Information is important to us. We use commercially reasonable efforts to ensure that Your Personal Information is stored and maintained in a secure environment. In particular, all Personal Information contained in messages sent when using the Service is encrypted during transmission across our platform using industry standard authentication and encryption technologies. However, we are not in control of or responsible for any errors, omissions or losses in data transmitted through the videoconferencing and telecoms system over which Applications submitted through the Services are delivered.
You can help protect the security of Your Personal Information. For instance, never give out Your log in details and password to another person, and remember to log out of Your account and close Your browser window when You finish using the Website, so that other people using the same computer won't have access to Your Personal Information. We will never ask You for Your password in an unsolicited phone call or in an unsolicited e-mail.
VIDCRUITER will keep Your Personal Information for as long as it remains necessary for the identified purposes in Section 4 or as required by law, which may extend beyond the termination of our relationship with You.
You acknowledge and agree that if You request that Your name be removed from our databases, it may not be possible to completely delete all Your Personal Information due to technological and legal constraints.
Amendment of this Policy
Access and Accuracy
You have the right to access Your Personal Information to verify the Personal Information that we have collected in respect of You. Upon receipt of Your written request, we will provide You with a copy of Your information. We will make every reasonable effort to keep Your Personal Information accurate and up-to-date, and we will enable You to revise the Personal Information as appropriate. Having accurate Personal Information about You enables us to give You the best possible service.
- To contact and correspond with You;
- To enable Your use of the Service;
- To understand Your needs and develop suitable products and services;
- To respond to and act in accordance with Your instructions, including assistance with the use of the Service (which, for greater certainty, shall not involve any decision-making with respect to the hiring process);
- To process transactions and payments;
- To facilitate and enhance Your use of the Website; and
- To meet legal and regulatory requirements.
Chief Technology Officer
VIDCRUITER will endeavor to deal with all such requests for access and modifications in a timely manner and if You have a complaint concerning our compliance with applicable privacy laws, we will investigate Your complaint and if it is justified, we will take appropriate measures.
100 Cameron St., Suite 3007
Moncton, NB E1C 5Y6
Or by email to email@example.com with the subject header ‘Privacy’.
LAST UPDATE: February 22 2013