Privacy Statement 


TalentAds processes private, sensitive or personal data through its Website. TalentAds values the privacy of its Clients and observes due care in processing and protecting their data. 


TalentAds;

  1. Asks for explicit permission to process any personal data in cases where permission is required. 
  2. States its purpose openly and clearly before it processes any personal data, by using this Privacy Statement.
  3. Respects the Client’s right to inspect, correct or delete any personal data held by TalentAds. 
  4. Limits its collection of personal data to only the personal data needed for legitimate purposes. 
  5. Takes extensive security measures to protect any personal data, and it demands the same from parties who process personal data on its behalf. 

TalentAds is the party responsible (the data controller) for the use of any personal data in order to provide companies access to its platform and enable them to place job advertisements. 


This privacy statement is only applicable to such services to companies and visitors of www.talentads.net  


The Personal Data Collected 


When a user visits the Website and/or create an account, fill in a contact form, send a message via instant messaging on the Website, or send an e-mail, he/she provides personal data to the Website. 


For the purposes mentioned in this Privacy Statement, TalentAds collects and uses the following data: 


• Name and Last Name; 

• Company name; 

• Telephone Number; 

• e-mail address; 

• Company address; 

• User ID; 

• Password; 

• IP address; 

• Domain; 

• Browser type and language; 

• Referring website addresses; 

• Date/time of visits; 

• Page view data; 

• Search keywords; 

• Other personal data with which the Client provides us via a contact form, instant messaging, or e-mail. 


Cookies 


Part of the personal data collected by TalentAds, is collected via cookies or other technologies, which are in part placed by third parties. TalentAds uses the following cookies: 


• DoubleClick 

• DoubleClick Bid Manager 

• Google Adwords Conversion 

• Google Dynamic Re-marketing 

• GA Audiences 

• Google Tag Manager

• Google Analytics 

• Facebook Connect 

• Facebook Custom Audience 

• Criteo

• Ligatus



TalentAds, and third parties, use cookies in order to analyze the use and performance of the Website, and to show advertisements tailored to the Client’s interests. 


Google and Facebook are based in the United States, and they are Privacy Shield participants, and for this reason transfer of personal data to these parties is allowed. 


Access to the Website


TalentAds uses the Client’s personal data in order to provide access to its Website. Furthermore, TalentAds allows the Client to access a management environment where the Client can set, specify and change settings, and modify any personal data if necessary. 


Contact form, instant messaging, e-mail 


If the Client sends TalentAds a message via instant messaging on the Website, fills out a contact form on the Website or sends an e-mail, TalentAds will use the data the Client provides to fully answer and correctly handle the Client’s message or inquiry. 


Third Parties 


TalentAds may provide the Client’s data to the following third parties so as to execute what theAgreement entails: 


• Payment service providers; 

• E-mail service providers; 

• Hosting providers; 

• Technical support providers. 


TalentAds will only provide any personal data to a government agency when TalentAds is obliged to do so by law. 


Security 


TalentAds takes the following security measures to reduce any possible risk of misuse of and unauthorized access to any personal data: 


• Logical access control, using two - factor authentication; 

• Automatic logging of actions; 

• Encryption of digital files; 

• Organizational and physical measures for access security; 

• Security of network connections via Transport Layer Security (TLS) technology; 

• SSH - keys; 

• Application logs; 

• Encryption of authentication tokens. 


Data Retention


The personal data with which the Client provides us when creating an account, is retained until the Client de-activates his/her account, and three (3) months after that in order to answer any further questions. The personal data with which the Client provides TalentAds when the Client sends a message via instant messaging on the Website, via a contact form or via e-mail, is retained until TalentAds has fully dealt with this question or request, and six (6) months after that in order to answer any additional questions which may come up. 


The data collected via cookies, is stored according to the privacy policies of the relevant third parties. It is recommended that the Client view the privacy statements of these third parties for more information. 


The Client’s Rights Regarding Personal Data

 

The Client has the right to request for inspection of his/her personal data. The Client can request for correction or deletion of his/her personal data, when the data is incorrect or no longer relevant. Furthermore, the Client has the right to object against the processing of his/her personal data. The Client also has the right to obtain a copy of his/her data in a usual, machine-readable format. 


Third-party Websites 


This Privacy Statement is not applicable to any third-party websites connected to the Website through links. TalentAds cannot guarantee that these third parties will handle any personal data in a secure and careful manner. Moreover, TalentAds recommends that the Client read these websites’ privacy statements before making any use of these websites. 


Changes to This Privacy Statement 


TalentAds reserves the right to modify this statement at any given time. It is recommended that The Client review this statement regularly, so as to be abreast of any changes and updates. 


Contact Information 


If you have any questions about this privacy statement, you can contact TalentAds at: hello@talentads.net


This privacy statement was last amended on 01 – January - 2018 




Terms Of Use 


DEFINITIONS 


Agreement: Any agreement contracted between TalentAds and the Client, of which these Terms of Use constitute an inseparable part. 


Campaign: An online job advertising campaign by which the Agreement is executed. 


Client: Any person or legal entity with whom TalentAds has entered into an Agreement. This also refers to those who enter into or are in negotiations with TalentAds in this respect, as well as their representative(s), proxy (proxies), beneficiary (beneficiaries) and heirs. 


Data Processing Agreement: The agreement which governs the processing of personal data through the Service by TalentAds as a data processor, which forms an integral part of each Agreement. The Data Processing Agreement is attached to the General Terms and Conditions as Appendix I . 


General Terms and Conditions: the stipulations of this document. 


Intellectual Property Rights: All intellectual property rights and related rights, including but not limited to copyrights, database rights, domain names, trade name rights, brand rights, model rights, neighboring rights, patent rights and rights to know-how. 


Offer: An online advertising campaign proposal generated by TalentAds or any other offer or tender submitted by TalentAds to the Client. 


Party (Parties): TalentAds or the Client or together. 


TalentAds: The private company TalentAds, Inc. (hereinafter referred to as: “TalentAds”), having its registered office at 2840 139th Ave Se Apt 30 Bellevue, WA 98005, USA. 


Service: The online job advertising technology made available by TalentAds to the Client and/or all other (online advertising) services provided by TalentAds. 


Website

www.talentads.net 



SCOPE AND PRIORITY 


Terms of Use mentioned in this document are applicable to all Orders, as well as all Offers of TalentAds in relation to the Services, and form an inseparable part of every Agreement. 


Any stipulation or Terms of Use of the Client that differ from or do not appear in these Terms of Use shall only be binding on TalentAds if and insofar as they have been expressly accepted by TalentAds in writing. 


In case of any conflict between stipulations of the Agreement and the Terms of Use, the following order of priority shall apply: 


I. the Agreement,

II. Terms of Use. 



THE AGREEMENT 


Once an account is created by the Client, an Agreement may be entered into with TalentAds through the online environment, including the Website. In the online environment, the Client is required to fill in the necessary data to create a Campaign. Then, the Agreement is concluded once the Client has paid for the Campaign created in the online environment of TalentAds. 


After the commencement of a Campaign, the Client can no longer request major changes in respect of the Campaign except increasing the time duration of the Campaign, increasing the budget of the Campaign and altering the job description used to create the Campaign. Nevertheless, the Client will bear the risk of correct or incorrect performance of any Agreements and/or any requested changes. The Client acknowledges and agrees that any changes performed may affect the delivered results.


Agreements may only be cancelled by the Client with written consent from TalentAds. In such event, the Client is required to compensate TalentAds for all costs incurred, including the costs that reasonably arose in connection with the performance of the Agreement, without prejudice to TalentAds’ right to claim compensation of lost profits or any other loss related to the cancelled Agreement. 


The Client represents that the e-mail address provided to TalentAds (for example on the moment of concluding the Agreement) is correct and is authorized and supervised by the Client. Furthermore, the Client agrees to receive all relevant information relating to the Agreement to the provided e-mail address. The e-mail sent by TalentAds shall be deemed to have been received at the time it reaches the server of the Client. The Client is solely responsible for the configuration of his (e-mail) server, including but not limited to spam or authorizations of the e-mail accounts. 


TalentAds is entitled to refuse the Client and/or any Campaigns created by the Client at any given time. 


TALENTADS’ RESPONSIBILITIES


The provision of Services by TalentAds comprises, amongst others, the performance of the Campaign by the placement of advertisements on various paid and unpaid media channels, by means of the software/artificial intelligence developed by TalentAds. TalentAds shall perform the Agreement to the best of its ability and with due care and expertise.


In relation to the Services to be provided, TalentAds will only have an obligation to use reasonable endeavors and no obligation to achieve results. Statistics mentioned in the Services provided by TalentAds are indicative only and form no commitment whatsoever. The Services, Campaigns and any other Offers are subject to typographical and calculation errors. 


The Client grants TalentAds prior permission to implement any changes in generated Campaigns, either automatically or manually, on behalf of the Client if this serves the purpose of the instructions given by the Client (whether or not by means of TalentAds’ online environment) or the Campaign ’s intended objectives. In particular, TalentAds is free to adjust the necessary settings, either automatically or manually, within an advertising campaign and the method of placement of the advertisements.

 

Exceeding agreed upon delivery times, whatever the cause or reason, will not result TalentAds being in default and the Client has no entitlement to any compensation, such as damages caused by delay. 


In the performance of the Agreement, TalentAds will try not to have the materials provided by the Client displayed on websites or other media channels that contain unlawful, disgraceful, obscene or pornographic content. If the Client notifies TalentAds in writing that the materials provided are being displayed on channels of this type, TalentAds will make reasonable efforts to ensure removal of the same. 


TalentAds will try not to have materials displayed on behalf of the Client that contain unlawful, disgraceful, obscene or pornographic content and that such materials do not violate any third party Intellectual Property Rights. 


TalentAds, at its sole discretion, is entitled to make use of third parties when performing the Agreement. 



CLIENT’S RESPONSIBILITIES 


For the purpose of the performance of the Agreement, the Client must satisfy, at its own cost, the technical requirements and specifications indicated by TalentAds, including, but not limited to, the integration of software codes, tags and cookies on the Client’s media channels (where applicable).


The Client represents and warrants that the information and materials supplied to TalentAds contain no viruses, trojan horses, worms or any other programs that could in any way damage TalentAds’ computer systems, computer programs and/or websites. Moreover, the Client represents and warrants that the information and materials supplied, transmitted or made available through the Service comply with applicable laws and regulations, are not slanderous, libelous, racist, or otherwise objectionable, and do not breach Intellectual Property Rights, privacy rights or any other rights of third parties.


The Client also represents and warrants that, when supplying the relevant information and materials, no use will be made of any equipment and/or software that may disrupt the proper functioning of the Services, TalentAds’ computer systems, computer programs and/or websites, and that no data will be transmitted that disproportionately burden the infrastructure of TalentAds’ computer systems, computer programs and/or websites as a result of their size and/or other properties.


The Client indemnifies TalentAds for all third - party claims, on any grounds whatsoever, in respect of compensation for any damages in any way arising from and/or relating to the foregoing representations and warranties. 


The Client will furnish TalentAds with all information and materials necessary for the performance of the Agreement. The Client undertakes to ensure that the information and materials are correct, complete and up to date. 


The Client acknowledges and agrees that in the performance of the Agreement, TalentAds may at its own discretion display the information and materials on the agreed media channels. In that regard, the Client cannot object when the information and materials provided are displayed on the relevant channels along with materials from direct or indirect competitors. 


In the event that the data necessary for the performance of the Agreement are not at TalentAds' disposal, or not in time or in accordance with the stipulations of these Terms of Use, TalentAds will, without prejudice to its other rights, in any event be entitled to suspend the performance of the Agreement and/or the Service, or to wholly or partially dissolve the Agreement, without any (written) notice to that end or compensation of damage to the Client being required. 


USE OF SERVICE 


For the duration of the Agreement, TalentAds grants to the Client a limited license to use the functionalities made available to the Client through the Service. In using the Services, the Client will observe all applicable and relevant statutory provisions and regulations, as well as the rules of conduct that are generally accepted in the industry. 


The Service, any parts or specific functionalities thereof may only be accessible after registration. In case registration is needed, the Client must secure access to its account using username and password against third parties. In particular, the Client must keep the password strictly confidential.


TalentAds may assume that all actions undertaken from the Client’s account after logging in its username and password are authorized and supervised by the Client. This means the Client is solely liable for these actions. In the event of loss, abuse or involuntary disclosure of this information, the Client will immediately inform TalentAds accordingly. 


AVAILABILITY & MAINTENANCE 


The Client accepts that the Service only contains the functionality and other characteristics made available to the Client at the moment of delivery ("as is"), including all visible and invisible errors and defects. TalentAds does not guarantee that the Service will be free from disruptions or defects at all times.

 

TalentAds reserves the right to temporarily suspend the Services for maintenance, modification or improvement of the Services and TalentAds’ web servers. TalentAds will do everything possible for any such suspension to occur outside office hours and will inform the Client of the planned suspension in good time. TalentAds will never be held liable for any loss or damage vis-à-vis the Client due to such suspension of the Services. 


TalentAds has the right to modify the software of the Services from time to time in order to improve functionality and to correct its errors. If a modification results in a significant change in functionality, TalentAds will inform the Client accordingly by means of a newsletter or other electronic notification before the change takes place. Since the Services are supplied to more than one Client, it is not possible to make a specific modification for the Client alone. TalentAds is not obliged to pay any compensation for damages/losses arising from the modification of the Services. 


If TalentAds considers that there is a danger to the functioning of the Services and the API, TalentAds will have the right to implement all measures it considers reasonably necessary to avert or prevent this danger. 



PAYMENTS

 

All payments made by clients will be in US Dollars. The payments are all exclusive of VAT (Value Added Taxes), unless explicitly stated otherwise. 


All payments are subject to programming and typographical errors. For the consequences of such errors no liability shall be accepted. 


If the Agreement is a continuing performance Agreement, TalentAds shall be entitled to adjust the commission rates in its sole discretion. TalentAds shall inform the Client of any changes in current commission rates at least thirty (30) days before they become effective. In the event the Client does not wish to accept the change in commission rates, the Client may terminate the Agreement up to the date on which the new price takes effect. 


Notwithstanding the previous paragraph, TalentAds is entitled (but not obligated) to adjust the commission rates annually as it sees fit.


TalentAds shall issue invoices to the Client once the Client has already paid the amounts via any of the available online payment methods. No wire transfers or cash payments are accepted. All payments must be made via the online payment options offered by TalentAds.


Disputed invoices should be notified in writing as soon as reasonably possible but no later than thirty (30) calendar days after the relevant invoice date, identifying clearly the disputed part of an invoice and the reasons why it is challenged. Thirty (30) calendar days after the relevant invoice date, invoices will be deemed as correct and form no basis for complaint. 


If an amount paid by the Client cannot be collected from the bank for any reason, the Client shall be legally in default, with no notification of default being required. The Client is obliged to fully compensate both the judicial and extrajudicial collection costs, including but not limited to all the litigation expenses and the costs of collection agencies, in addition to the amount that is owed and the interest due in respect thereof. Additionally, statutory interest will be due on the outstanding invoice amount, without any further notification of default being required. 


If an amount due is not paid within the payment term, TalentAds shall have the right to either terminate or suspend performance of the Agreement, or any part thereof not yet performed, without notice of default or judicial intervention being required. The Client has no entitlement to any compensation, such as damages caused by delay. All amounts due up to the moment of suspension become immediately payable. 


DURATION AND TERMINATION 


The Agreement is entered into for the contract period as stated in the Agreement or for as long as necessary to perform the relevant Campaign.


Each Party is authorized to dissolve the Agreement, with immediate effect and without the intervention of a court being required, without any obligation to pay compensation, if the other Party requests suspension of payments, files for bankruptcy or has been declared bankrupt.


TalentAds is entitled, without notice of default and without any obligation to pay compensation, to terminate the Agreement with immediate effect if the Client acts in breach with any of the obligations under the Agreement. 


Immediately after termination of the Agreement, the Client shall instantly return all materials and other goods or documentation made available under this Agreement by TalentAds to the Client. 


Terms of Use which by their nature are meant to remain in force after termination, shall remain fully in force, including but limited to: 


a. Liability, 

b. Force majeure, 

c. Intellectual Property Rights, and 

d. Confidentiality. 


LIABILITY 


The liability of TalentAds for direct damages, whatever the cause, and in particular due to a culpable failure on the part of the management staff of TalentAds to comply with its obligations under the Agreement, or due to an unlawful act committed by the management staff of TalentAds, or failure to comply with a guarantee obligation, is limited per damage - causing incident, whereby a series of connected incidents count as a single incident, to an amount equal to the paid amount for the Service. If the event causing damages is associated with a specific Campaign, the above-mentioned shall only consist of the amount paid for that specific Campaign. The total sum payable for direct damages, however, can never exceed USD 1,000 per event or USD 5,000 per calendar year. 


Direct damage is exclusively understood as the reasonable expenses incurred by the Client to repair or resolve the management staff of TalentAds’ shortcoming, to make the performance of TalentAds conform to the Agreement, as well as reasonable costs incurred in the prevention or limitation of the damages and the reasonable costs made in determining the cause and extent thereof. 


TalentAds is not liable for damages other than direct damages, including but not limited to indirect damages resulting from consequential damage, loss of profit, loss of earnings, loss of savings, damages due to corporate stagnation and costs incurred to recover wholly or partly lost data. 


TalentAds is also not liable for damages caused by acts or omissions of third-parties engaged in connection with the performance of the Agreement. 


The obligation for TalentAds to pay compensation will only arise if the Client sends written notice to TalentAds of this damage within thirty (30) days of the damage occurring. 


The liability limitations referred to in this article will however lapse if and insofar as the damage is the result of intentional misconduct or deliberate recklessness on the part of TalentAds. 


The Client indemnifies TalentAds for all third-party claims, on any grounds whatsoever, in respect of compensation for any damages in any way arising from and/ or relating to the use of the Service and/ or not, not properly or timely fulfilling its obligations under the Agreement and in particular to claims of or sanctions imposed by regulatory bodies. 


FORCE MAJEURE 


TalentAds is not bound to comply with any obligation to the Client if compliance is prevented by circumstances beyond TalentAds’ control. In the event of such force majeure, which in any case includes failures in the internet or telecommunications infrastructure, civil unrest, mobilization, war, traffic jams, strikes, lockouts, import and export restrictions, business interruptions, stagnation in supply, fire, flood, and breach of contract by suppliers on which TalentAds is dependent for the performance of the Agreement, the performance of the Agreement may be suspended, without any liability to pay damages arising as a result. 


If the situation of force majeure prevents compliance for more than fifteen (15) working days, both Parties have the right to terminate the Agreement with immediate effect. Services already performed under the Agreement shall in that case be charged proportionately, but no other payment shall be due by one Party to the other. 


INTELLECTUAL PROPERTY RIGHTS 


All Intellectual Property Rights related to the Service, its look-and-feel, the accompanying software as well as all information and images occurring within the Service and the Website are retained exclusively by TalentAds, its licensors or third parties engaged on TalentAds’ behalf. Nothing in the Agreement, including but not limited to, those provisions in which a license is granted in respect of the Services, shall be construed to stipulate transfer of Intellectual Property Rights. 


If TalentAds has granted the Client a license in respect of the TalentAds software, materials, and/or any applicable Service, the granted license shall be subject to the condition precedent of payment by the Client of all the amounts due under the Agreement. Said license is for the duration of the Agreement, non-exclusive, non-transferable and limited to the purposes which may be logically deduced from the Agreement, unless expressly agreed otherwise in writing. 


Data stored or made available by the Client or processed while using the Service is and remains the Client’s property. TalentAds receives an unlimited license for use of this data for providing the Service, any additional and prospective services and to use this data for statistical purposes. TalentAds has the right to share these statistical data (anonymous data) with third parties. 


PRIVACY 


Through its Website and the Services offered, TalentAds does process private, sensitive and personal data on behalf of the Client. The Client shall in relation to such processing, at all times and in all circumstances, be regarded as a controller within the meaning of all applicable laws and regulations in the US. TalentAds will only act as a processor and observe due care in processing and protecting their data. 


All personal data processed in connection with the Service, shall be deemed to have been processed at the instructions of the Client in accordance with the Agreement. While processing this data, TalentAds;


a-) clearly specifies its purposes before processing personal data, by using this Privacy Statement, 

b-) limits its collection of personal data to only the personal data needed for legitimate purposes, 

c-) first asks for explicit permission to process any personal data in cases where permission is required, 

d-) takes appropriate security measures to protect any personal data, and demands the same from parties who process personal data on its behalf, and 

e-) respects the Client’s right to inspect, correct or delete any personal data held by TalentAds. 


TalentAds is the party responsible (the data controller) for the use of personal data in order to provide companies access to our platform and enable them to place job advertisements, and related services. This privacy statement is only applicable to such services to companies and visitors of the web site. 


More information regarding the processing of personal data can be found in the privacy statements available here: 


https://talentads.net/privacy-policy 

 


CONFIDENTIALITY 


With respect to the information disclosed by and between the Parties while using the Service, the Parties shall accept the duty to observe strict secrecy when the information is marked as confidential or when the receiving Party knows or should reasonably suspect that the information was intended to be confidential. 


TalentAds will not examine data stored and/or distributed by you while using the Service, unless this is necessary for proper service provision of the Service or in the event TalentAds is obliged to do so in pursuance of a statutory duty or required by court order. 


AMENDMENTS 


TalentAds reserves the right to change or supplement the Services, Terms of Use, even with respect to existing Agreements. Such changes shall also apply to Agreements already in effect after a period of thirty (30) days after notification of the change on the web site or by electronic message. Changes of subsidiary importance can be made at any time. 


If the said changes have a significant negative impact on the use of Services, the Client may serve notice to terminate the Agreement, provided such notification to that effect is received by TalentAds before the date when the change takes effect. The Client has no entitlement to compensation for damages arising as a result. Use of the Service after the date of effect shall constitute the Client’s acceptance of the changed or added - to Terms of Use. 



MISCELLANEOUS 


Any disputes arising from and/or in connection with the Agreement, including but not limited to these Terms of Use, is governed by the laws of Washington State.


‘Written’ and/or ‘in writing’ in Terms of Use also refers to electronic communication via e-mail, given that the identity of the sender and the integrity of the contents can adequately and easily be established. However, the electronic communications don’t include any direct messaging or group chat services such as WhatsApp, Telegram, Facebook Messenger, iMessage, Slack, Skype, FaceTime, Google Hangouts, etc. 


If any provision in the Agreement proves to be null and void, or otherwise unenforceable, this shall not affect the validity of the Agreement as a whole. The Parties shall use all reasonable endeavors to agree upon any lawful and reasonable variations to the term or condition which may be necessary in order to achieve, to the greatest extent permitted by law, the same commercial effect as would have been achieved by the provision(s) in question.

 

The reports and the version of communications or information received or stored by TalentAds is deemed to be authentic, unless the Client provides convincing evidence to the contrary. 


The Parties shall notify each other without delay, in writing, of any changes in their name, billing address, e-mail address, telephone number and stored credit card number in the system. 


TalentAds is entitled to transfer its rights and obligations under the Agreement to a third party who acquires the Service or the relevant business operations from it. The Client is only entitled to transfer its rights and obligations under the Agreement to a third party that acquires the service or the relevant business operations from it with the prior written consent of TalentAds. 



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