All things legal
Who are we?
Recruiterly.com (“us”, “we” or “our” referred to throughout or documents) is an online web application platform that provides both free and paid services to Employers or Hiring Managers, Job Seekers or Candidates, Recruitment Companies or Staffing Agencies and Recruitment professionals (recruiters, headhunters, search consultant, executive recruiter, corporate recruiter, etc).
Recruiterlty is not a recruitment agency and is not responsible for controlling the services or standards of the parties or users on the platform.
Introduction to this Contract
You agree that by clicking “Join Now”, “Sign Up”, “Seach or “Claim” or similar, registering, accessing or using our services, you are agreeing to enter into a legally binding contract with Recruiterly (even if you are using our Services on behalf of another company or as a visitor).
If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” or “Sign Up” or “Seach or “Claim” (or similar) and do not access or otherwise use any of our Services.
This Contract applies to Recruiterly.com and other Recruiterly-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and “Share with Recruiterly” features. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both. In some cases, Recruiterly will use a third party or outsource vendor to deliver some of the services offered.
You are entering into this Contract with Recruiterly (also referred to as “we” and “us” and “our”).
You are entering into this Contract with Recruiterly, Inc and your personal data provided to, or collected by or for, our Services is controlled by Recruiterly, Inc.
Members and Visitors
When you register and join Recruiterly and Recruiterly’s services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a Visitor.
Change & Updates
We may modify this Contract and any of our policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective.
If you object to any changes, you may choose to close your account Your continued use of our Services after we publish or send notifications or notice about our changes to these terms means that you are consenting to the updated terms.
Eligibility to Use Recruiterly Services
Here are some promises you make to us in this Contract:
You’re eligible to enter into this Contract and you are at least our “Minimum Age”.
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that:
You must be the “Minimum Age” (described below) or older;
You will only have one Recruiterly account, which must be in your real name.
You must be employed or the owner of a bona fide incorporated business that has the licensing or approvals within your applicable local law to be able to perform and provide recruitment or staffing services to an external party.
You must have full authorization and consent from your employer to create an Agency Page or request for Recruitment services via the Recruiterly Marketplace.
You are not already restricted by Recruiterly from using the Services.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Recruiterly to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
You’ll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders.
You agree to:
Try to choose a strong and secure password;
Keep your password secure and confidential;
Do not transfer any part of your
Account (e.g., delegate the recruitment services who have committed to via the Recruiterly Marketplace)
Follow the law, platform terms and any agreement as part of our services.
You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you.
Disclaimer and Limit of Liability
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
To the extent allowed under law, Recruiterly and its affiliates (and those that Recruiterly works with to provide the Services) to the extent allowed under law;
Disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, the accuracy of data, and non-infringement);
Do not guarantee that the services will function without interruption or errors, and (c) provide the service (including content and information) on an “as is” and “as available” basis.
Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.
Exclusion of Liability
These are the limits of legal liability we may have to you.
To the extent permitted under law (and unless Recruitely has entered into a separate written agreement that overrides this contract), Recruiterly and its affiliates (and those that Recruiterly works with to provide the services) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, downtime or loss, use of, or changes to, your information or content).
This limitation of liability is part of the basis of the bargain between you and Recruiterly and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Recruiterly or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
We can each end this Contract anytime we want.
Both you and Recruitlery may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
“Your Account” & “Changes & Updates” sections.
Any amounts owed by either party prior to termination remain owed after termination.
You can contact us to close your Account via the Contact Us Form.
Recruiterly offers a range of services for both Recruitment Companies, Recruiters and Employers and Hiring Managers, some are free others are charged to the account holder which may include a variety of payment schedules such as but not limited to; one-off transactions and subscriptions paid on a monthly or yearly basis.
Please refer to https://www.recruiterly.com/for-recruiters/pricing-for-recruiters/, https://www.recruiterly.com/for-recruiters/pricing-for-recruiters/ & https://www.recruiterly.com/for-recruitment-agencies/pricing-for-agencies/ for our current list of services.
The specific payment arrangement and schedule and any additional terms specific to the services requested will be made available and communicated on the platform.
Some services provided to the account holder may include a minimum term, where the account holder can not cancel the services or receive any refund for the cancellation of the services, and if the minimum terms are not met, any intellectual property produced by Recruiterly or its third party vendors as part of the paid service may be retained until any outstanding balance is paid.
Paid services may include but not limited too:
Custom Content Creation Services.
Recruiterly Website Services*.
Recruiterly Premium Recruiter Profile.
Recruiterly Premium Agency Page.
Recruiterly Recruiter Placement Fee’s.
Sourcing Tool Software
Contact Lookup Software
*Recruiterly Website Services will include additional terms and conditions, that will be provided to you upon request.
Payments To Recruiterly:
Payment for any paid services must be made in full within seven (7) calendar days from the invoice or any other form of a request for payment by Recruiterly.
Any account holder that requests paid services will be expected to pay for the requested services within these payment terms, failure to pay for the requested services will result in the withdrawal of the services and suspension of your Recruiterly account.
Unpaid invoices and subscriptions payments are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. Any outstanding debt may be passed to a third party for collection.
You can add or remove paid services at any time within the terms of the specific agreement for the service. If any monthly Paid service is canceled for any reason the remainder of that calendar month is not refunded.
All payments will be hosted, managed and processed by a third party provider Stripe (www.stripe.com)
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
You understand that there may be fees and taxes that are added to our prices.
You can gain your Recruiter Account payment history by contact Recruiterly via the Contact Us section.
Recruiterly is a subscription-based service. Your subscription to your Plan starts upon effective reception of your first payment.Your subscription is then automatically renewed, unless you decide to terminate it and close your account by contacting us via customer support on our site: https://www.recruiterly.com/contact-us/
The subscription rates are posted on the Recruiterly website and within the app: please visit recruiterly.com or the upgrade pages within the app for the rates in force for the current month.
Prices are quoted in US dollars and exclude VAT and/or any other applicable sales taxes, which are also payable if applicable.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable, plus all related taxes.
All payment obligations are non-cancellable and all Annual subscriptions paid are non-refundable. Monthly subscriptions that are stipulated with an annual commitment, and therefore early cancellations incur a penalty fee corresponding to the remaining months of the subscription.
In the unlikely event we end up in a legal dispute, we agree to resolve it in California courts (using California law).
For those who live outside of the United States: You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services.
We both agree that all of these claims can only be litigated in the federal or state courts in Santa Clara County, California, USA, and we each agree to personal jurisdiction in those courts.
Here are some important details about how to read the Contract:
If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent.
If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that Recruiterly has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Recruiterly may assign this
Contract to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Contract.
We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided the How to Contact Us section.
Recruitely “Dos” and “Don’ts”
Dos of Recruiterly – You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name and current name of your company you represent on your profile;
Use the Services in a professional manner.
Make payment for any paid services within terms.
Abide by the law and regulations that are enforced in your home country or region, such as but not limited too, GDPR, CAN SPAM Act, when using information that has been obtained from the candidate profiles you have sourced via the Recruiterly sourcing tool.
Don’ts of Recruiterly – You agree that you will not:
Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
Use an image that is not your likeness or a head-shot photo for your profile picture;
Create a false identity on Recruiterly. The occasional creation of clearly fictional profiles by Recruiterly or with its express permission in connection with a promotional campaign does not waive this obligation;
Misrepresent your identity (e.g. by using a pseudonym), your current or previous positions with Employers, recruitment experience, industry experience, qualifications or affiliations with a person or entity;
Create a Member profile for anyone other than yourself (a real person);
Attempt or succeed in manipulating the Placement Feedback features.
Use or attempt to use another’s Account;
Harass, abuse or harm another person;
Send or post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorized by Recruitely;
Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
Out-source to anyone the Recruitment services agreed to be provided by you to an Employer on any awarded assignment in the Recruiterly Marketplace.
Bypass or circumvent any access controls or Service use limits.
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Recruiterly;
Contact any representative from an Employer that you have engaged with over the Recruiterly Marketplace after a successful placement has occurred, unless via the communication tools provided within the Recruiterly Marketplace.
Use, disclose or distribute any data obtained in violation of this policy;
Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
Violate the intellectual property or other rights of Recruiterly, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Recruiterly” or our logos in any business name, email, or URL except where permission is granted in writing by Recruiterly.
Post anything that contains software viruses, worms, or any other harmful code;
Create or operate a pyramid scheme, fraud or other similar practice;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
Imply or state that you are affiliated with or endorsed by Recruiterly without our express consent (e.g., representing yourself as an accredited Recruiterly trainer);
Rent, lease, loan, trade, sell/re-sell access to the Services or related data;
Sell, sponsor, or otherwise monetize any Service without Recruiterly’s consent;
Deep-link to our Services for any purpose other than to promote your profile or our Services, without Recruiterly’s consent;
Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
Remove, cover or obscure any advertisement included on the Services;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulatingthe appearance or function of the Services;
Overlaying or otherwise modifying the Services or their appearance;
Access the Services except through the interfaces expressly provided by Recruiterly, such as its mobile applications and Recruiterly.com
Use a Service for tasks that it is not intended for;
Override any security feature of the Services;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
Engage in any harassing, predatory, threatening, intimidating, or stalking conduct;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by Recruiterly to access our site, extract data or otherwise interfere with or modify the rendering of Recruiterly pages or functionality;
Complaints Regarding Content
We respect the intellectual property rights of other parties, we require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.
Recruiterly’s Recruiter Profiles are a service for Recruiter’s only, (can be known as: headhunter, recruitment consultant, sourcer, executive recruiters, corporate recruiter, in-house recruiters, talent acquisition, or similar), with the intention of enabling the Recruiter to be searchable on Recruiterly by its visitors and users, and be more discoverable on the internet.
The features and services offered as part of the Recruiter Profile account are subject to change, to view our current services and pricing pages on Recruiterly.com or within the app.
Recruiter’s that claims or creates a profile must be an employee or owner of a bona fida recruitment business or a member of a talent acquisition team within a corporation that performs a recruitment based role.
Recruiterlty has the right to remove any Recruiter profile from the platform.
Recruiterly may from time to time, upload and create a Recruiter Profile on Recruiterly’s public directory without the Recruiter’s consent. The information uploaded to the Recruiter Profile will only contain publically available data.
Public Recruiter Profiles.
All Recruiter profiles are accessible and searchable by visitors and non-members of Recruiterly, the Recruiter directory is a public facing element of the platform and all details uploaded to the Recruiter Profile (excluding sensitive information such as passwords, payment details or similar) will be viewable by the general public, both on Recruiterly and via search engines that crawl our website.
And as such, any Recruiter that claims a pre-populated profile or creates a profile agrees that Recruiterly can use the publically available information on their Recruiter Profile such as company logo, company name, listed expertise, address, phone, header image, profile image, email addresses, posted and created content, reviews, and any other publically listed data on the Agency Page to market the Agency Page, the associated Recruiter Profiles attached to the Agency Page and the Recruiterly platform on external platforms, such as but not limited to Google, Instagram, LinkedIn, Facebook and Twitter.
Recruiterly’s Agency Page’s are a service for businesses that provide recruitment services only (permanent hire, headhunting, contingent, retained, contract hires, search, research, market mapping, or similar), these businesses may be known as headhunter firm, recruitment agency, recruitment outsourcing company, staffing agency, seach firm or similar. Our intention of the service is enabling the recruitment business to be searchable on Recruiterly by its visitors and users, and be more discoverable on the internet.
The features and services offered as part of the Agency Page account are subject to change, to view our current services and pricing pages on Recruiterly.com or within the app.
Agency Page owners that claim or creates an Agency Page must be an employee or owner of the recruitment business or a member of a talent acquisition team within a corporation that wants to list their business on Recruiterly.
Recruiterlty has the right to remove any Agency Page from the platform.
Recruiterly may from time to time, upload and create an Agency Page on Recruiterly’s public directory without the business owners consent, the information uploaded to the Agency Page will only be publically available data.
Public Agency Pages.
All Agency Pages are accessible and searchable by visitors and non-members of Recruiterly, the Recruiter directory is a public facing element of the platform and all details uploaded to the Agency Page (excluding sensitive information such as passwords, payment details or similar) will be viewable by the general public, both on Recruiterly and via search engines that crawl our website.
And as such, any Recruiter that claims a pre-populated Agency Page or creates a Agency Page agrees that Recruiterly can use the publically available information on their Agency Page such as company logo, company name, listed expertise, address, phone, header image, profile image, email addresses, posted and created content, reviews, and any other publically listed data on the Agency Page to market the Agency Page, the associated Agency Page and any Recruiter Profiles attached to the Agency Page and the Recruiterly platform on external platforms, such as but not limited to Google, Instagram, LinkedIn, Facebook and Twitter.
Our review technology is unique, and a product developed by Recruiterly for Recruiters to request reviews from their previous customers that the Recruiter has “placed” or successfully introduced. The placement information (candidate and hiring manager) uploaded to Recruiterly by Recruiter’s will be used to collect the review from the relevant party.
Upon collection of the review, the shared information by the candidate or hiring manager relating to the placement that the Recruiter claims to have facilitated will be listed on the Recruiters public version of their profile.
Each review received will contribute towards the Recruiter’s Recruiterly Rating on the platform.
Each Recruiter Profile will have a Recruiter Rating Score, the higher the score the higher the Recruiter will be on leaderboards on the Platform.
Each score will be calculated fairly and confidentially by a unique internal algorithm that considers experience, feedback, type of placement (internal or agency), employer ratings, candidate ratings and general activity on the Recruiterly.
Recruiterly ensures there are adequate precautions and controls in place to ensure that the calculations of the rating score and its parameters cannot be cheated.
Management of Negative Feedback (Candidate or Employer)
If a Recruiter receives negative feedback via a Candidate or a Client that they have requested feedback from via the Reputation Manager the feedback will not be posted on the Recruiter Public Profile.
Recruiterly will notify the Recruiter of the feedback and offer; a). allow the Recruiter the option to rectify the issue resulting in below-par feedback, b). Post the comment and rating.
Recruitment Agency Page Rating & Reviews
The ratings and reviews displayed on any Recruitment Agency Page on Recruiterly will be an aggregated score based on all Recruiter Profiles assigned and associated with that Recruitment Agency Page.
Our policy applies to any Visitors or Members to the covered Services. Our registered users (“Members”) share their professional identities, engage with their network, exchange knowledge and professional insights, post and view relevant content, Recruiters submit proposals for business opportunities to Emloyers, Employers can engage with Recruiters and receive Candidate resume’s over the platform. Content on some of our services is available to non-members (“Visitors”).
Data Controller: You are entering into the a User Agreement with Recruiterly, Inc, who will be the controller and responsible for your personal data provided to, or collected by or for, our Services.
2. What personal information do we collect from the people that visit our blog, website or app?
When registering on our site, as appropriate, you may be asked to enter your name, email address, phone number, location, job title & current employer name, a password and other information to help you with your experience. If you register for a Paid Account we may ask for payment (e.g. Credit Card) and billing information which will be managed by a third party provider, Stripe.com, Recruiterly does not have access to your credit card details.
3. When do we collect information?
We collect information from you when you visit our site, register on our site, fill out a form or enter any information on to our site.
4. Information you provide to Recruiterly;
You create your Recruiterly profile (a complete profile helps you get the most from our Services).
You have about the information on your profile, current employer, industry experience, work experience, general information about where you work, hobbies and interests, skills, photo, location and placement feedback information.
Profile information helps you to get more from our Services, including helping business opportunities from potential Employers / Clients find you. It’s your choice whether to include sensitive information on your profile.
Please do not post or add personal data to your profile that you would not want to be publicly available.
5. Other Members might write about you
Content and News; You and others may post content that includes information about you on our Services (as part of blog posts, feed updates and comments, videos).
Unless you opt-out; we collect public information about you, such as professional-related news and accomplishments (e.g. placement feedback, placement information, general activity on the platform and feeds, posts, etc.) and make it available as part of our Services.
6. How do we use your information?
We may use the information we collect from you when you visit the site, you register, create an Account, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To administer a contest, promotion, survey or other site feature.
To send periodic emails regarding your order or other products and services.
To improve our Services and your experience on the Platform
To improve Security of your information on our Platform
To follow up with you after correspondence (live chat, email or phone inquiries)
We contact you and enable communications between Recruiters who belong and who are employed by the same Recruitment Company and between Recruiters and Employers that have been engaged via an Assignment. We offer settings to control what and how often you receive some types of messages.
We will contact you through email, notices posted on our websites, messages to your Recruiterly inbox, and other ways through our Services.
Non-visitors and non-Members may receive an email from Recruiterly requesting to provide feedback on a Placement from the (you may have been a Candidate or an Employer related to a transaction or placement facilitated with the Recruiter), your email address and any details present in the email has been provided by the Recruiter using Recruiterly. By responding and providing the requested information you will remain a Visitor if you do not create an Account.
We will send you messages about the availability of our Services, security, or other service-related issues.
We also send messages about how to use the Services, network updates, reminders, opportunity suggestions (Recruiters only) and promotional messages from us and our partners.
You may change your communication settings at any time. Please be aware that you cannot opt out of receiving service messages from us, including security and legal notices.
We promote our Services to you and others.
We use data and content about Members for invitations and communications promoting membership and network growth, engagement and our Services.
9. How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
10. Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information.
Understand and save user’s preferences for future visits.
Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.It won’t affect the user’s experience that make your site experience more efficient and may not function properly.
12. Your Location & Device
We receive data from your devices and networks, including location data. When you visit or leave our Services (including our plugins or cookies or similar technology on the sites of others), we receive the URL of both the site you came from and the one you go to next.
We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. If you use our Services from a mobile device, that device will send us data about your location. Most devices allow you to prevent location data from being sent to us and we honor your settings.
13. Account Closure
We keep some of your data even after you close your account.
If you choose to close Recruiterly account, your personal data will generally stop being visible to others on our Services within 24 hours.
We generally delete closed account information within 30 days of account closure, except as noted below.
We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms & Conditions, or fulfill your request to “unsubscribe” from further messages from us.
We will retain de-personalized information after your account has been closed.
Information you have shared with others (e.g., posts, updates or group posts) will remain visible after you closed your account or deleted the information from your own profile or mailbox, and we do not control data that other Members copied out of our Services.
14. Data Retention
We keep most of your personal data for as long as your account is open.
We retain the personal data you provide while your account is in existence or as needed to provide you Service
If you communicate through our Services, we learn about that.
We collect information about you when you send, receive, or engage with messages in connection with our Services. For example, if you get notification from a potential Client / Employer looking for Recruitment Services, we track whether you have acted on it and will send you reminders.
17. Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice.
This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
Remarketing with Google AdSense
Google Display Network Impression Reporting
Demographics and Interests Reporting
DoubleClick Platform Integration
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
19. California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Can change your personal information:
By contact us via the Contact Us Section
20. How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
21. Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking
22. COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
23. Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
Within 7 business days of becoming aware of the breach.
We will notify the users via in-site notification
Within 7 business days of becoming aware of the breach.
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law.
This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
24. CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to: Send information, respond to inquiries, and/or other requests or questions. Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
Not use false or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way.
Include the physical address of our business or site headquarters.
Monitor third-party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can contact us at the Contact Us Section.
25. Information Available Within Sourcing Tool
Recruiterly’s sourcing tool, helps employers and recruiters, and recruitment agencies, find candidates who have public information on the web to fill their employment needs.
For Recruiterly to provide these services, our data partners continuously crawl the web and extracts publicly available information about search candidate or subject.
This may include but not limited too; email, name, social profile URL’s, images (such as a headshots or profile picture), work experience, work history, qualifications, job kills related information and other recruiting related information from public documents, articles, and other publications.
Recruiterly processes this data so it can be searched by our users for employment and recruiting related services. Recruiterly aims to provide the most up to date and comprehensive results when our users use our software to search, source and evaluate prospect talent for their employment needs.
If you are do not wish to appear in our sourcing tool search services, we will honor your request to opt-out. To request, please provide your name and email address via firstname.lastname@example.org and we will remove your information from our system, or respond with further information to be able to honor your request. Noting, we may need to retain certain data about you in order to ensure we can honor your opt out request, which will be the minimum amount necessary to do so.
26. Contacting Us
Last updated: December 2017
Recruiterly, Inc will be responsible for your personal data provided to, or collected by or for, our Services.
1. What are cookies
Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you. Cookies can be “persistent” or “session” cookies.
For example, cookies enable us to identify your device, secure your access to Recruiterly and our sites generally, and even help us know if someone attempts to access your account from a different device.
We use two types of Cookies: persistent cookies and session cookies. A persistent cookie helps us recognize you as an existing user, so it’s easier to return to Recruiterly or interact with our services without signing in again.
After you sign in, a persistent cookie stays in your browser and will be read by Recruiterly when you return to one of our sites or a partner site that uses our services (for example, our social share feature). Session cookies only last for as long as the session (usually the current visit to a website or a browser session).
3. Third-party cookies
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.
4. What are your choices regarding cookies
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
5. Where can your find more information about cookies and helpful resources;
You can learn more about cookies and the following third-party websites:
Browser manufacturers provide help pages relating to cookie management in their products. Please see below for more information.
Internet Explorer: https://support.microsoft.com/en-us/help/260971/description-of-cookies
Safari Desktop: https://support.apple.com/kb/PH5042?locale=en_US
Safari Mobile: https://support.apple.com/en-us/HT201265
Android Browser: https://support.google.com/nexus/answer/54068?visit_id=1-636486370463021562-147087346&hl=en&rd=1Est quis nulla laborum officia ad nisi ex nostrud culpa Lorem excepteur aliquip dolor aliqua irure ex. Nulla ut duis ipsum nisi elit fugiat commodo sunt reprehenderit laborum veniam eu veniam. Eiusmod minim exercitation fugiat irure ex labore incididunt do fugiat commodo aliquip sit id deserunt reprehenderit aliquip nostrud. Amet ex cupidatat excepteur aute veniam incididunt mollit cupidatat esse irure officia elit do ipsum ullamco Lorem. Ullamco ut ad minim do mollit labore ipsum laboris ipsum commodo sunt tempor enim incididunt. Commodo quis sunt dolore aliquip aute tempor irure magna enim minim reprehenderit. Ullamco consectetur culpa veniam sint cillum aliqua incididunt velit ullamco sunt ullamco quis quis commodo voluptate. Mollit nulla nostrud adipisicing aliqua cupidatat aliqua pariatur mollit voluptate voluptate consequat non.
Contact us by visiting the Contact us section of our website:
Recruiterly Marketplace Agreement
Connecting representatives from Hiring Company’s to a pool of verified Marketplace Recruiter’s to perform recruitment services to provide vetted Candidates to fill the Hiring Company’s Job posts in exchange for a placement fee.
Placement fees are paid when an approved Marketplace Recruiter submits a Candidate to a Job within the Marketplace whose submission has been Accepted by the Hiring Company then hired by the Hiring Company as a result of the submission via the Job listing in the Marketplace.
The Agreement covers both “Hiring Company” and their representatives and “Recruiters” who represent their “Recruitment Agency”, and the usage and terms that are to benefit all parties and are required for a fair and efficient marketplace.
By using the Marketplace, you and your company agree to use Recruiterly’s Marketplace to hire employees (“Hiring Company”) from Recruitment Agency’s or submit Candidates (“Recruiter” & “Recruitment Agency”) to Hiring Company’s Marketplace Job posts as per the terms of the conditions within this Agreement and your Marketplace Activation Contract.
Recruiterly reserves the right to modify the terms of this Agreement, effective posting on Recruiterly, and continued use of the Recruiterly Marketplace shall constitute consent to any such changes made.
By accepting this Agreement you and your company (the “User”) agree to adhere to all other terms within our Platform Terms and other applicable policies.
Recruiterly Marketplace Useage For Recruiters
Recruiter’s that have been pre-approved by Recruiterly and have signed an activation contract, can apply to work on Executive Search and Contingent Job posts, and can submit candidates to Crowdsource Job posts within the Marketplace.
A successful submission of a Candidate within the Marketplace is when the Hiring Company via the relevant Job post within the Marketplace has updated the Submission Status to “Submission Accepted”.
A successful placement of a Candidate within the Marketplace is when the Hiring Company via the relevant Job post within the Marketplace has updated the Submission Status of the Candidate to “Offer Accepted – Hired”.
No Candidate submissions can be made outside of the Marketplace.
Recruiterly Marketplace Useage For Hiring Company’s
Hiring Company’s that have been pre-approved by Recruiterly and have signed an activation contract, can apply to work on Executive Search and Contingent Job posts, and submit candidates to any Crowdsource Job post within the Marketplace.
Accepting a submission of a Candidate within the Marketplace occurs when the Hiring Company via the relevant Job post within the Marketplace update the Submission Status to “Submission Accepted”.
A successful placement of a Candidate within the Marketplace is when the Hiring Company via the relevant Job post within the Marketplace has updated the Submission Status to “Offer Accepted – Hired”, or the Hiring Company has employed the Candidate for their organization, or an other related organization.
No Candidate submissions can be accepted outside of the Marketplace.
If a successfully submitted Candidate is offered and accepts employment from the relevant Hiring Company and the Candidate commences employment with the Hiring Company within 12 months of the Submission Acceptance a placement fee will be due.
And if the Hiring Company hires any Candidate for any position within 12 months of Accepting the Candidate submission within the Marketplace, the Hiring Company is obligated to pay a placement fee equivalent to the agreed placement fee that would have occurred if the Candidate had been hired for the relevant Job post that they were originally submitted for, if the placement information is not provided, the fee will be calculated at 25% of the estimated salary for the position and location.
For the avoidance of any doubt, if the Hiring Company posts one job and hires 5 candidates, 5 separate fees will be due in this scenario.
If a submitted Candidate exists within the Hiring Company’s database and there is contact made between the Hiring Company and such candidate prior to the representative of the Hiring Company within 180 days of accepting the Candidate submission within the Marketplace, and the Hiring Company can provide documentation within 3 days of the receipt of the Candidate submission. Upon approval of the documentation by Recruiterly, no placement fee will be due by the Hiring Company, and not placement fee will be paid to the Recruiter or Recruitment Agency.
If no evidence and documentation is provided by the Hiring Company a placement fee will be due.
Candidate Guarantee Period
There will be a standard 90-day guarantee period applied to any Candidate that a Hiring Company employs via the Marketplace commencing on the first day of employment of the candidate as a result of the submission via the Marketplace. The Guarantee Period will apply only if the termination of employment of the hired Candidate was not because of
Structural changes within the client’s organization;
Changes or anticipated changes in the job description of the candidate or location requirements of the client; and the client’s failure to meet its actual or implied legal obligations (including without limiting the generality of the foregoing, the obligation of fairness); and
Redundancy or due to a lack of work within the organization
Cancelling of employment or engagement for any other reasons but under-performance.
Any terminations that occur within the Guarantee Period must be communicated via the Marketplace within 48 hours of the event occurring. If there has been no written confirmation of the Candidate not completing the guarantee period we will consider the guarantee period to have been completed once the 90 days are completed.
Placement Fee – Recruiter & Hiring Company
All placement fees or placement fee percentages are displayed on the Job post within Recruiterly Marketplace. Any variance to the placement fee on the Job post must be negotiated via the chat function within the Marketplace, between the Hiring Company and the Recruiter. Placement fees apply to the specific Job post only.
In the event that the Hiring Company chooses to engage with more than one Recruiter that is part of the Recruiterly marketplace for the same Job Requisition, and the same Candidate is submitted by two separate Recruiter’s representing two separate Recruitment Agency’s the first Accepted submission by the Hiring Company shall be deemed valid.
Invoicing & Payment of Placement Fees
Once the Placement has occurred, the Placement Fee will be invoiced by Recruiterly, Inc and paid by the Hiring Company in U.S Dollars only to Recruiterly’s bank account listed on the invoice. All due invoices must be paid within 7 days. An change in payment currency can be agreed directly with a Recruiterly, inc account representative.
The Placement Fee will then be paid by Recruiterly to the Recruiter’s Recruitment Agency that they were represented at the time that the Candidate was accepted within the Marketplace. The Placement Fee will be paid to the Recruitment Agency within 10 days following the successful completion of the Candidate guarantee period.
Referral Fees (Recruiter & Recruitment Agency Only)
Referral Fee’s are due when a successful placement occurs, that meets all terms outlined in this agreement and any activation contact terms:
Contingent & Executive Search Jobs
Total placement fee that is above 15,000 USD = 3,000 USD Referral Fee.
Total placement fee that is below 15,000 USD = 10% of total placement fee.
Crowdsource Search Jobs
There are no referral fees due to Recruiterly for a Crowdsource Job. The total reward fee for a successful placement, will be listed on the Job post within the Marketplace. No other fee will be paid to the Recruiter or Recruiting Agency.
Referral Fees Deducted From Placement Fee
Any Referral Fees due will be deducted from the final Placement Fee before paid to the Recruitment Agency, or invoiced directly to the Recruiter and the Recruitment Agency, payment can be made via credit card or transfer.
Recruiterly have no obligation to make any payments under this Agreement unless Recruiterly, Inc. has received payment from the Hiring Company and the Candidate has satisfied the 90 day guarantee period.
Disputes that occur between the parties shall be resolved by Recruiterly Inc, including billing disputes which may be settled for less than the full placement fee set of agreed upon between Recruiter and Hiring Company.
Successful Placement Notification
Upon the Candidates acceptance of the offer made by the Hiring Company, the Hiring Company shall notify Recruiterly by updating the Submission status within the Marketplace for the relevant Job post and Candidate.
All relevant information such as salary package and commencement date of the Candidate must be provided by the Hiring Company within the Marketplace.
The Recruiter and the Recruitment Agency shall have primary responsibility for any efforts relating to the collection of undisputed invoices relating to Placement Fees. Hiring Company will notify Recruiter and Recruitment Agency to begin collection efforts and all Placement Fee payments must be directed to Recruiterly.
Hiring Company shall pay Recruiterly all undisputed invoiced amounts within 7 days of the Candidates first day of employment with Hiring Company, considered as the contracted Start Date.
If Hiring Company does not pay an undisputed invoice within the 30 days of the Candidates Start Date, such invoice may be subject to all costs associated with the collection of the payment, including reasonable attorney and or arbitration fees and expenses.
All payments due will be made to Recruiterly, Inc, and under no circumstances may payments be made directly to the Recruiter or the Recruitment Agency “Prohibited Payment”. The Recruiter and the Recruitment Agency is prohibited from directing a Hiring Company to pay a Recruiter or Recruitment Agency directly or collecting any Placement Fees due under this Agreement.
In the event that a Prohibited Payment occurs the Recruiter and the Recruitment Agency agrees not to cash, deposit or disperse the funds and to remit the full prohibited payment to Recruiterly no later than the next banking day. If Recruiterly, inc does not receive a Prohibited Payment within 7 days of receipt by Recruiter and Recruitment Agency, then the Recruitment Agency will pay a fee of 25% of the Prohibited Payment.
If a pre-existing Agreement exists between a Recruiter and the Hiring Company the Recruiterly Marketplace Agreement and Activation Contracts will supersede any previous Agreements between the parties.
Hiring Company and Recruiter and the Recruitment Agency the Recruiter represents acknowledge that they may not submit or accept Candidates or form any contract or Agreement with each other for recruitment services outside of this Agreement if the Recruiter or Recruitment Agency learned about either party via the Recruiterly Marketplace, for 24 months following the first contact between the Recruiter and the Hiring Company.
If an Agreement is formed between Hiring Company and Recruiter or Recruitment Agency within this period, this is considered a “Prohibited Agreement” and if any Placements that are made under a “Prohibited Agreement” the Hiring Company will be due to pay a Placement Fee to Recruiterly Inc for any Candidate Placements that have occured during the 24 month period.
The Recruiter and their Recruitment Agency they represent will also acknowledge that any Prohibited Agreement that is formed may result in suspension, cancellation of prohibited use of Recruiterly’s software, in addition to other remedies, to any party involved in a Prohibited Agreement.
Where and if applicable, Recruiterly also will invoice for and the Hiring Company shall pay Recruiterly for any sales, excise or similar taxes due as required by applicable local law on payments made under and pursuant to this Agreement. Payments made by Recruiterly to Recruitment Agency may reflect withholdings by the Hiring Company and any tax of other withholdings required to be made by Recruiterly. Both Hiring Company and Recruiter and Recruitment Agency agree to assist Recruiterly with gathering applicable information and with completing necessary forms to enable Recruiterly to comply with applicable local tax laws.
Recruiter and Recruitment Agency agrees not to contact for the purpose of offering representation, any employees of a Hiring Company within whom it has placed a Candidate via a Recruiterly Marketplace in the preceding 12 months. For avoidance of doubt, the Recruiter and Recruitment Agency may represent such employees of the Hiring Company only if the employees initiate contact with the Recruiter or Recruitment Agency.
Warranties & Responsibilities
Recruiter and Recruitment Agency is responsible for complying with the requirements listed within the Hiring Company Job post relating to the job requisition requirements. Recruiter and Recruitment Agency is responsible for verifying the Candidate information submitted is true and accurate, and represents and warrants that it has made reasonable efforts to verify that the information submitted regarding any candidate is accurate.
Recruiter and Recruitment Agency represents and warrants that the Candidate submitted to the Hiring Company via the Marketplace has consented to submitting such information to the Hiring Company.
The Recruiter and the Recruitment Agency agrees to indemnify and hold Recruiterly harmless from any costs, claims, and damages incurred by Recruiterly arising from claims by the clients regarding the services provided by the Recruiter or the Recruiter’s employing Agency.
The Recruiter can not subcontract or designate any other party or person to fulfill the needs of the Job posts within the Marketplace.
If the Recruiter’s employment is terminated with the Recruiter’s employing Recruitment Agency, the agency or recruiter must notify Recruiterly within 3 working days.
This agreement will be terminated and the Recruiter will need to sign a new agreement with their new agency. All previous Candidates submitted will continue to be bound by this agreement.
Hiring Company is responsible for representations made in its Job post information and represents and warrants that it is an Equal Opportunity Employer and will comply with all applicable laws with respect to Candidate interviewing and hiring decisions.
Recruiter, Recruitment Agency and Hiring Company agree to submit and accept all Candidate applications for hiring and employment without regard to color, origin, religion, sex, age, disability, race, or covered veteran status or any other characteristic protected by law.
Recruiter, Recruitment Agency and the Hiring Company to comply to the applicable laws and regulations that relate to the definition of Internet Applicants and all related record keeping requirements, as well as other relevant local regulations.
The Recruiter and Recruitment Agency is responsible for maintaining licenses, and abiding by any applicable laws that may apply when working within the staffing and human resources business.
To work on any Jobs within the Marketplace the Recruiter must be employed by or be the owner of a bona fide, registered company. Recruiterly does not employ Recruiter’s directly or indirectly as a Contractor or any other employment related relationship.
In the unlikely event of a legal dispute between Recruiterly and the Recruiter or the Recruiter’s employing Agency, the prevailing party will be entitled to recover its attorney’s fees and costs from the other party. This Agreement will be governed by California law, without regard to its conflict of laws provisions.
The Recruiter and the Recruiter’s employing Agency agrees to indemnify and hold Recruiterly harmless from any costs, claims, and damages incurred by Recruiterly arising from claims by the clients regarding the services provided by the Recruiter or the Recruiter’s employing Agency.
The Recruiter cannot subcontract or designate any other party or person to fulfill the needs of the Job posts within the Marketplace
If the Recruiter’s employment is terminated with the Recruiter’s employing Agency, the agency or recruiter must notify Recruiterly within 3 working days. This agreement will be terminated and the Recruiter will need to sign a new agreement with their new agency. All previous Candidates submitted will continue to be bound by this agreement.
Persons and organizations established in the European Union (EU) and processing personal data of EU-based individuals are required to comply with the GDPR (General Data Protection Regulation).
The GDPR is the framework for processing personal data in the European Union and brings with it new obligations for organizations and new rights for individuals.
Recruiterly is fully committed to complying with the requirements of the GDPR and we have closely analyzed the requirements of the GDPR and continue to monitor new guidance on best practices for implementing the requirements of the GDPR.
Recruiterly is both a controller and a processor of data under GDPR.
When it comes to our users or customer data (recruiter’s, recruitment agencies, hiring managers, employers, and any one that creates an account on Recruiterly.com to use our services), we are a processor. The information provided will be typically relating to their account, employment status, contact information and other data related to the services that they are requesting to use from Recruiterly.com
If that person decides to no longer be a customer of ours, we lose the permission to use their information.
When we collect information from a job candidate or job seeker, we act in the role of a controller. A controller under GDPR is an entity that has decision making power for how that data will be used and we take this responsibility very seriously. Our internal teams dedicate time to safely processing and securing the data we license and acquire.
For Recruiterly to be a data controller that is GDPR compliant, Recruiterly must have a legal basis for collecting EU data. Processing is lawful if one or more of the following apply:
Vital interests, Public interest, Consent, Performance of contract, Compliance with a legal obligation and legitimate interest where the individual’s rights are not overridden.
Recruiterly relies on the legal basis of legitimate interest. Recruiterly not only provides a service to recruitment professionals in helping them source, qualified candidates, but we also believe that our sourcing tools helps job candidates be informed about positions and job opportunities that could make a positive impact on their career and their freedom to be notified of work.
Recruiterly’s data sub-processor, Amazon WebServices (AWS) , maintain rigorous security standards (SOC2 and/or ISO 27001 certifications, where possible), and Recruiterly undergo annual vendor reviews.
Recruitely is a service provider to recruitment professionals, employers and job seekers and we believe that privacy and security is a shared responsibility with the persons that use Recruiterly.com
Recruiterly acts as a “Data Controller” when it obtains candidates public profile data and processes it to create a sourcing tool for recruiters.
Recruiterly acts as a “Data Processor” when recruitment professionals action searches using our software to match specific candidate details to their open job requisitions that they are trying to hire for.
If a recruiter or a user of our sourcing tool exports candidate profile information for the purpose of uploading to their ATS or SRM or similar must be carried out have a valid legal reason or ground for doing so, such as a legitimate interest to store and process the candidate data he or she is exporting.
If a recruiter exports candidate information, the recruiter becomes a data controller and must take appropriate measures to safeguard the personal data they now control. This will include but not limited to demonstrating compliance with the GDPR.
If you, as a recruiter or recruitment agency are unsure about how these regulations apply to the data you are processing please get in contact here.