TERMS OF SERVICE
Last Updated: December 20, 2022 
ABOUT OUR TERMS OF SERVICE
Welcome to the website and online services of Talent.com (“Talent.com”, “we”, “us”, or “our”).
These are the Terms of Service (the “Terms of Service”) under which we make our websites, our mobile applications and our other online products and services (together, our “Website” or “Services”) available to you. These Terms of Service include our Privacy Policy and Cookie Policy, which are incorporated herein by reference and form part of a binding agreement between you and us (the “Agreement”). Each time you use or access any of our Services, you do so by accepting this Agreement. If you do not accept this Agreement or do not meet or comply with the provisions set forth herein, then you should not use our Services.
We reserve the right to change this Agreement (including the Privacy Policy and Cookie Policy) at any time by notifying you as provided in this Agreement. Your continued use of the Services after such notice constitutes your acceptance of the revised Agreement. We also reserve the right, at any time and for any reason, without liability or notice to you, to modify or discontinue all or a part of our Services or charge, modify or waive any fees required to use the Services.
If you are an individual looking for employment or employment information, whether you are a registered user or not (“Job Seeker”), these Terms of Service constitute an agreement between you and Talent.com Inc. If you are an individual or a legal person looking for Job Seekers or looking to make employment opportunities and information available to Job Seekers, on your behalf as an employer or on behalf of others, including but not limited to, as an agency (“Employers”), these Terms of Service constitute an agreement between you and the following Talent.com entity:
  • Talent.com Inc., if you are located in Canada;
  • Talent.com USA Inc., if you are located in the United States;
  • Talent․com France SAS, if you are located in France;
  • Talent.com Brasil Pesquisa De Empregos LTDA, if you are located in Brazil;
  • Talent.com Europe Sàrl, if you are located in Switzerland or elsewhere in the world.
We offer our Services to Job Seekers and Employers (our “Users”, “you”, “your”). If you wish to make use of our Services in any capacity other than of a Job Seeker or Employer, you must have a prior written agreement with us before you do so.
If you are using our Services as a Job Seeker, please review carefully Section A – Terms of Service for Job Seeker and Section C – Terms of Service for all Users. SECTION A.10 CONTAINS A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BY JOB SEEKERS BROUGHT AGAINST TALENT.COM IN THE UNITED STATES. PLEASE READ THEM CAREFULLY.
If you are using the Services as an Employer, please review carefully Section B – Terms of Service for Employers and Section C – Terms of Service for all Users.
A. TERMS OF SERVICE FOR JOB SEEKERS
Talent.com offers Job Seekers the ability to search for job opportunities in its database using its job search engine (“Job Search”), to receive information about job opportunities through emails or electronic messages when subscribing to its job alert service (“Job Alerts”) and to find job related information, such as salary data, income tax data and other relevant information about the job market using a variety of tools. Job Seekers can also apply for jobs using our Services. Some of these Services are only available for registered Users and others are available to all Users, whether they have a Talent.com profile account or not.
1. Creating a Job Seeker Profile Account
Talent.com offers multiple methods for creating a Talent profile account and becoming a registered User of our Services (“Profile Account”).
A Profile Account will be automatically created for you when you sign up to our Job Alerts service or when you apply to a job through our Website. If you no longer want to have an active Profile Account with us, you may delete your account in your settings.
You can manually create a Profile Account by providing your first name, last name and a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected, and your account may be disabled. To complete your registration, you may be required to enter a one-time 6-digit code sent via the email address you provided and/or a password. Once your account is created, you will be given access to your profile and other private areas of your account. We will update your account with jobs you have applied to or favourited.
You may also be able to create a Profile Account and subsequently access such account through third-party websites including, but not limited to LinkedIn or Google (“Social Media"). If you create and access your Profile Account using a Social Media account, you agree that we may access, make available, and store (if applicable) any information, data, text, messages, tags, and/or other materials stored and made accessible in your account with such Social Media so that it is available on and through Talent.com via your Profile Account.
Subject to the account privacy settings that you have set with such Social Media account you use to access your Profile Account, personally identifiable information that you post to that site may be displayed on Talent.com such as name, last name, email address, phone number or location. Please note that your relationship with your Social Media is governed solely by your agreement with such Social Media and we disclaim any liability for personally identifiable information that may be provided to us by a Social Media site in violation of terms and conditions of services of the Social Media, of the privacy settings that you have set with that Social Media or of the laws applicable to that Social Media.
You are responsible for maintaining the confidentiality of your Profile Account. You agree to notify us immediately if you suspect any unauthorized use of your account or password. You are solely responsible for any and all use of your Profile Account.
2. Searching for Jobs
The Talent.com Job Search tool, which is free to those Job Seekers searching for employment opportunities ("Job Ads”), offers the ability to search through a database of job opportunities using key words, both as a registered User and as a non-registered User. These Job Ads are made available on our Website by Employers using our Services or may be automatically indexed by us from external third-party sources and may include links to third-party websites. Talent.com has no obligation to include any Job Ads in its search results or other listings and may exclude or remove any Job Ads from the Website for any or no reason.
Job Ads are User Content, meaning that they are created and provided by third parties and not by Talent.com. Talent.com exercises no control over and assumes no responsibility for any User Content generally and Job Ads specifically. Please read over Section C.3 of our Terms of Service on User Content to find out more.
As Talent.com has no obligation to screen any Job Ads or to verify the identity of the Employer posting such Job Ads, we caution Job Seekers to verify the validity of a Job Ad before taking any actions regarding their current employment situations.
3. Making a Job Application
When you submit a job application in response to a Job Ad (“Job Application”), you may do so as a registered User through your Profile Account, or as an unregistered User. A Job Ad will prompt you to apply either directly on our Website (“Apply on Talent.com”) or you will be re-directed to apply on the third-party Employer’s site (“Apply on Company Website.”).
Once you submit a Job Application, whether you do so using the Apply on Talent.com or the Apply on Company Website, your resume and other application information you decide to submit will be shared with the Employer and/or entity that posted the Job Ad, as long as any parameters selected by that entity are met, if applicable. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing. The Employer account holders receiving your Job Application agree to comply with their obligations under these Terms of Service and applicable laws, including data privacy laws, and should not use the information for purposes other than hiring. However, once a Job Application is submitted, Talent.com cannot guarantee that your Job Application will be held in confidence or properly secured by the applicable recipient nor that the Job Application will be received, reviewed or responded to by the Employer.
When you make a Job Application using the Apply on Company Website feature, you are leaving our Website and entering into a third-party website. Talent.com has no control over any conditions third parties might impose on such third-party website and Talent.com is not responsible or liable for any such third party content or for the availability of, or the materials located on, or through, any external websites. Your use of all such external websites is at your own risk. When you are entering into an agreement with such parties, you are giving them your data and your rights, and their obligations are determined by their privacy policy and terms of service. You will be notified on the site that these are third party sites and services, and not Talent.com.
When you are making a Job Application using Apply on Talent.com, we collect and process you application data, which may contain Personal Data. To see how we handle your Personal Data when you make a Job Application using Apply on Talent.com, we invite you to read our Privacy Policy.
Talent.com may use your application materials and location to send you information and Job Alerts about Jobs Ads that may be of interest to you.
4. Subscribing to Job Alerts
We offer our Users a Job Alerts service where they can receive Job Ads that may be of interest to them based on their profile, job search activity, saved jobs and applied jobs. Our Job Alerts service is accessible via email, and, in certain countries, via text messages (SMS) and WhatsApp.
In addition to manually subscribing to our Job Alerts service, either directly on our Website or through our partners' websites, if you make a Job Application and/or create a Profile Account, you may agree to receive email Job Alerts that may be of interest to you. You can edit or change the type of Job Alerts you want to receive by accessing the Job Alerts tab in your Profile Account. You may unsubscribe to Job Alerts by (a) clicking on the unsubscribe link in your Job Alert email, (b) by unsubscribing from Job Alerts in your Profile Account under "My notifications", (c) by contacting our Customer Service department at support@talent.com or (d) by closing your Profile Account. If you have subscribed to SMS or WhatsApp Job Alerts service, you may also unsubscribe by following the instructions in Section A.5. of our Terms of Service. Note that while you can opt out of Job Alert and marketing messages, you cannot opt out of service-related email communications, including those related to security, legal notices, your account, or your use of our Services unless you deactivate your account and stop using our Services.
5. Specific terms applicable to Job Alerts using SMS or WhatsApp
Depending on your country of residence, Talent.com may offer its Job Alert service through text messages (SMS) and/or WhatsApp. If you subscribe to this Service, you have to be the owner of the mobile phone entered or be authorized to use this mobile phone to receive our messages. The number of messages you receive may vary depending on the number of recent jobs matching your search, the jobs you applied to, and if you sent us a message asking us for extra support via text message. Your carrier may charge fees for you to receive messages and may set limits to the number of messages you may receive, which are solely governed by the agreement you have with your carrier. Talent.com is not responsible for undelivered messages caused by any restriction linked to the plan and mobile carrier you have. If you are receiving our Job Alerts via WhatsApp, you acknowledge that your relationship with WhatsApp is governed solely by your agreement with WhatsApp. We disclaim any liability for personally identifiable information that may be provided to us by WhatsApp in violation of the privacy settings that you have set with WhatsApp, of their terms and conditions of services, or of the laws applicable to them. By agreeing to these terms and/or subscribing to Job Alerts, you consent to receive recurring calls and texts by or on behalf of Talent.com and our affiliates and marketing partners for information and advertising purposes, including by automated technology or recorded message, to the numbers(s) you provide. You understand consent is not a condition of purchase, and that you can opt out of future communications as described below.
If you want to stop receiving Job Alerts via SMS, you can do so by following the instructions provided in Section A.4 of our Terms of Service or, if you are in the US or Canada, you can stop receiving Job Alerts via SMS by texting STOP to +1 (844) 794-9497 via your mobile device or, if you are in the UK, by clicking on the unsubscribe link you received from Talent.com via your mobile device. If you want to stop receiving Job Alerts via WhatsApp, you can also revoke your consent at any time by replying "STOP" via WhatsApp.
6. Salary Tool, Tax Calculator and Other Information Provided by Talent.com
Depending on your country of residence, Talent.com may provide you with a variety of tools giving you access to salary data (“Salary Tool”), income tax data (“Tax Calculator”) and other career and job market information (“Talentpedia”). Our Salary Tool, Tax Calculator and Talentpedia rely on data submitted to Talent.com by third parties and such data may not be accurate or reliable and is provided for informational purposes only. For example, our Salary Tool uses approximations of salary figures based upon multiple third party submissions. These figures are given to Users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction, and you should consult the Employer for actual salary figures related to a specific Job Ad. Similarly, tax-related information provided through our Tax Calculator is based upon multiple third-party submissions. You understand that Talent.com is not giving any tax advice, suggestions or best-practices through your use of these Services. You should consult a tax expert before making any career decision based on the information we make available through our Tax Calculator. Any use or reliance upon our Salary Tool, Tax Calculator and Talentpedia shall be at your own risk.
Without limiting the generality of the foregoing or the provisions of Section C.13 of our Terms of Service: (I) SALARY TOOL, TAX CALCULATOR AND TALENTPEDIA ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS; (II) ANY USE OR RELIANCE UPON ANY PORTION OF THE SALARY TOOL, TAX CALCULATOR AND TALENTPEDIA SHALL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND ANY THIRD PARTY PROVIDERS OF DATA USED BY OUR SALARY TOOL, TAX CALCULATOR AND TALENTPEDIA HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THIS DATA AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, CORRECTNESS, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND (III) NEITHER WE NOR ANY THIRD PARTY PROVIDER OF THIS DATA AND SERVICES SHALL BE LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY USE BY YOU OF THE SALARY TOOL, TAX CALCULATOR AND TALENTPEDIA.
7. Governing law
Unless otherwise required by law, if you are contracting with Talent.com as a Job Seeker, this Agreement and any dispute related to or arising out of or in connection with this Agreement or related in any way to our Services, or our relationship (“Dispute”) will be governed by and under the laws of the Province of Québec and the laws of Canada applicable therein, without giving effect to conflicts of law principles thereof.
8. Dispute resolution
Unless otherwise required by law or unless you are a Job Seeker located in the United States (in which case the Arbitration Agreement set out in Section A.10 of this Agreement applies), any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in the Province of Québec, Canada and you hereby consent to the exclusive personal jurisdiction of the courts located in the Province of Québec, Canada. You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of our Services or these Terms of Service.
9. Class Action Waiver
By using our Service and in return for the Services offered by Talent.com, you acknowledge that we can only offer you the Services under the terms and conditions as presented herein. As partial consideration for your use of our Services, you agree not to sue Talent.com as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Talent.com regarding your use of our Services, where permitted. Additionally, as a Job Seeker, you acknowledge that your use of our free Services on our Website is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of this Agreement allowing your free use of our Services. If you do not agree to any part of these terms, do not continue your use of our Services. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, subject to Sections A.8 and A.10 of this Agreement.
10. Arbitration Agreement
This Section A.10, referred to as the "Agreement to Arbitrate", only applies if you are a resident of the United States at the time you became bound to the Agreement or thereafter. Unless you opt out pursuant to the opt out procedures set forth below, you and Talent.com agree that to the fullest extent permitted by applicable law, any Dispute will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as scope and enforceability. The right and obligation to arbitrate under this Section extends to all Disputes, including those against or involving third parties such as Talent.com or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, or contractors.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party (“Notice”), by certified first class mail or overnight courier (signature required) or by electronic mail with return and delivery receipts requested for both methods. Talent.com’s address for Notice is: Talent.com Inc., 5800 St-Denis Street, Suite 604, Montreal, Québec, Canada, H2S 3L5, Attention: Legal Department.
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Talent.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Talent.com shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules of the American Arbitration Association (“AAA”), or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Talent.com (the “Arbitration Rules”). Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. Should the AAA be unavailable, unable, or unwilling to accept and administer the arbitration of any claim under Agreement to Arbitrate as written, the parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. The parties will select a single arbitrator, but in the event that the parties are unable to agree, the arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The arbitration will be concluded within three months of the date the arbitrator is appointed. More information about arbitration, including the Arbitration Rules, is available at www.adr.org or by calling 1-800-778-7879.
Unless otherwise provided by the applicable arbitration rules, any arbitration hearings will take place at a location to be agreed upon, provided that if the claim is for $10,000 or less, including any potentially recoverable attorneys’ fees, you may choose whether the arbitration will be conducted (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephonic hearing. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Talent.com may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
YOU AND TALENT.COM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TALENT.COM HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. You and Talent.com agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration and will instead be adjudicated by the appropriate court of the state where you are located: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Talent.com intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy or unauthorized use by you; and (3) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court.
You have the right to opt out and not be bound by the arbitration provisions set forth in this Section A.10 by sending written notice of your decision to opt out to Talent.com Inc., 5800 St-Denis Street, Suite 604, Montreal, Québec, Canada, H2S 3L5, Attention: Legal Department or to Talent.com Inc., c/o Kabat Chapman & Ozmer LLP, 171 17th Street NW, Suite 1550, Atlanta GA 30363. The written notice must include: (1) name; (2) address; (3) phone number; and (4) a clear statement that you wish to opt out of this Agreement to Arbitrate. The notice must be sent to Talent.com within thirty (30) days of you registering to use the Services or agreeing to these Terms of Service, whichever occurs first, otherwise you shall be bound to arbitrate disputes in accordance with the terms of Section A.10. If you opt out of these arbitration provisions, we also will not be bound by them. Please note that you will continue to be bound by any older arbitration provision that you did not out opt of and any arbitration provision that otherwise governs the Disputes.
Unless prohibited by applicable law or the Arbitration Rules, the substantially prevailing party in any Dispute between the parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees
If any provision of this Agreement to Arbitrate is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entire Agreement to Arbitrate is void, other than the jury waiver provision.
B. ADDITIONAL TERMS APPLICABLE TO EMPLOYERS
Talent.com offers Employers the ability to manage and maximize the efficiency of their recruitment campaigns by allowing them to (i) post and/or distribute Job Ads (ii) manage the parameters of recruitment campaigns and analyse their efficiency through our employer dashboard and (iii) receive, view and manage Job Applications. As an Employer, you can use our Services on your behalf as a direct employer or on behalf of others including but not limited to, as an agency.
1. Creating an Employer Account
To access some of our online Services available to Employers, including our tool to create and post your Job Ads directly on our Website and our online dashboard to manage your recruitment campaigns, you must create an Employer account (“Employer Account”) where you will be required to provide your name, your last name, a valid email address, phone number, company name, postal address, number of employees, and a password. You are responsible for maintaining the confidentiality of your account information. You agree to notify us immediately if you suspect any unauthorized use of your Employer Account or access to your password.
As an Employer, your account is for business use and not for personal use. You are solely responsible for all activity, acts or omissions of any person or entity that has access or use of your account (your “Authorized Users”). You may modify user permissions at any time in your settings. Additionally, you agree that: (i) you will not share login credentials and account information with third parties; (ii) you will not sell or sublicense access to your account or the Services; (iii) you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the Services; (iv) you will ensure that Authorized Users comply with this Agreement and any other Terms of Service or other agreement that you have with Talent.com; (v) you will immediately notify Talent.com of any suspected or alleged violation of this Agreement and cooperate with Talent.com with any investigation. You further agree to indemnify and hold harmless Talent.com from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the authorized or unauthorized access to your account, and any authorized or unauthorized purchases made under your account.
2. Posting and Distributing Job Ads
Talent.com will post and distribute your Job Ads and other recruitment-related data or information that you or your Authorized Users provide to us, throughout our distribution channels, including on our Website and mobile applications, through our Job Alerts service to Job Seekers and through our network of third-party publishing partners (our “Distribution Channels”). In addition to your Job Ads, you may provide other recruitment-related data or information, including, without limitation, screening requirements, screening questions, screening criteria, company information, links, logos and trademarks and any other data and information submitted by you and your Authorized Users to the Service (the “Employer User Content”). Your Employer User Content may be provided to Talent.com for posting and distribution on our Distribution Channels either using our job posting Services or via different transmission methods, as agreed to with Talent.com, including XML feed, API or by allowing Talent.com to index the User Content that is present on another website or service you own or control to retrieve such User Content for use on the Services. If you use Talent.com's API you agree to comply with our API documentation.
By submitting Job Ads to Talent.com, including using a paid feature of our Services, you agree that Talent.com is under no obligation to accept, publish, or distribute your Job Ads or other Employer User Content, including if they do not comply with this Agreement. Talent.com may, under its sole discretion, require Employer User Content and/or Employers to be verified to prevent fraud or abuse of our Services, to improve our Services, or for any other reason.
You agree that Talent.com may solely determine which Job Ads will be distributed to which Distribution Channels. However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Job Ads will be accepted by an entity in the Distribution Channels or be received, read and/or responded to by a Job Seeker. You accept that entities in the Distribution Channels have no obligation to use or display a Job Ad and may reject a Job Ad for any reason or no reason. You agree that Talent.com is not liable to you or any third party if your Job Ad is rejected or not posted, and you will not be entitled to any refund for Job Ad not posted or distributed. By submitting a Job Ad, you give us permission to distribute that Job Ad and any other Employer User Content in the Distribution Channels.
Talent.com does not guarantee any responses or any number of responses to your Job Ad, nor does it guarantee any number of views, clicks, or applications, or that any responses to your Job Ad will be from individuals suitable for the job vacancy you advertised. We do not verify the identity of any Job Seekers who respond to your Job Ad and thus make no guarantee as to the quality of candidates that you will receive as a result of your Job Ad. You are solely responsible for interviewing, performing background and reference checks on, verifying the information provided by Job Seekers, and for selecting an appropriate candidate. Talent.com also assumes no responsibility for the communications between you and any Job Seeker.
3. Job Posting Rules
As an Employer, you are responsible for the Employer User Content you provide to Talent.com for posting and distribution, whether you provide such content on your behalf or the behalf of a third party.
In addition, by using our Services, you agree to the following Job Posting Rules, which prohibit Employer User Content that does any of the following:
  • Contains or links to content, that does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
  • Does not include job salary or job benefit information as required by applicable pay transparency laws or regulations;
  • Sells, promotes, or advertises products or services;
  • Requires the applicant to provide sensitive personal information including but not limited to information related to their (a) racial or ethnic origin, (b) political beliefs, (c) religious beliefs, (d) membership of a trade union, (e) physical or mental health, (f) genetic and biometric data (f) sexual orientation and sex life, (g) age;
  • Requires citizenship or lawful permanent residence in a country, unless that is required in order to comply with law, regulation, or a federal, state or local government contract;
  • Requires the applicant to provide confidential information including but not limited to information on (a) bank account or credit card information, (b) online account information, (c) social security numbers (or equivalent information) or (d) other information that is not necessary for the job application;
  • Discriminates against applicants based on gender identity or expression, sex, pregnancy, race, colour, religion, sexual orientation, age (except as provided by law), civil status, political convictions, language, ethnic or national origin, social condition, handicap or the use of any means to palliate a handicap, location, or any other ground(s) prohibited by applicable law, in each case as determined in Talent.com 's discretion.
  • Contains links to any site competitive with Talent.com other than to an actual job posting;
  • Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the entity posting the Job Ad;
  • Does not contain the employer name or the authorized third party posting on behalf of the employer;
  • Requires applicants to pay to apply, pay for training, pay for training materials;
  • Involves any franchise programs, unless pre-approved by Talent.com;
  • Involves pyramid schemes, "club membership", distributorship, or multi-level marketing opportunity or requires recruitment of other members, sub-distributors or sub-agents;
  • Only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling);
  • Advertises an arrangement that is not a real and current employment opportunity, including, without limitation, unpaid internships, or any other unpaid roles, punctual help accomplishing a task, casting calls, auditions for modeling or acting, survey collections, opinion participants, focus groups, product or service sponsorships/ambassadors etc. ;
  • Aims at collecting candidates profiles without the intent of filling a real and current job opening;
  • Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
  • Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit Job Ads;
  • Contains multiple different job openings in a single Job Ad;
  • Contains generic, misleading, or deceptive, defamatory, obscene, threatening, or offensive information, as determined in Talent.com’s discretion;
  • Requires the Job Seeker to apply outside of the Website, unless re-directed from the Talent.com Website.
You further acknowledge that you are responsible for offering alternative methods of screening, if so required by law. While Talent.com deploys efforts to design and develop accessible offerings, it does not warrant that the method of delivery of these Job Ads including screening questions is compliant with applicable law, including without limitation the Americans with Disabilities Act and any equivalent or similar applicable law.
You agree that Talent.com may, at its sole discretion, remove, prevent the posting, or take any action we deem necessary regarding Employer User Content which in the sole judgement of Talent.com, violates or may violate our Terms of Service, applicable laws, rules, regulations, or third-party terms as we may deem appropriate. We may also disclose your identity or other information about you to any third party who claims that Employer User Content violates their rights, including their intellectual property rights or their right to privacy. We may also take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Services. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. 
No reimbursement will be issued for pre-paid services if we decide to remove your Employer User Content. We reserve the right to modify your Job Ad to optimize the listing as we deem appropriate, without notifying you, including by editing the job title and correcting the job location. You agree that we may take any and all actions to identify and reduce spam applications. You understand and agree that you are solely responsible for any liability arising out of the publication of Job Ads or materials to which users can access through such Job Ads.
4. Job Application
Job Seekers who wish to apply for your Job Ads may only do so by applying directly on our Website (“Apply on Talent.com”) or when re-directed to apply on your company’s website (“Apply on Company Site”).
Talent.com may make available functions that allow you to monitor and manage job applications, such as viewing and downloading a resume, candidate ranking, and hiring process monitoring. Talent.com may inform Job Seekers that you have taken an action with respect to a Job Application. You further agree that Talent.com is not responsible for maintaining or storing such application materials on your behalf. Talent.com may also make available data and analytics as part of our Services for informational purposes only, and disclaims any responsibility or liability for their accuracy, completeness or reliability, including but not limited to, data such as clicks and conversion rates.
5. Data Protection
By using our Services as an Employer, you agree to comply with applicable communication, privacy and data protection laws and regulations as they relate to your operations and the residency of the Job Seekers interacting with you in the context of our Services. More specifically, you represent and agree that that: (i) you will use the Personal Data of Job Seekers contained within any Job Application or otherwise obtained or accessed by you through the Services (the “Data”), in accordance with applicable communication, privacy and data protection laws and only for legitimate employment purposes; (ii) you shall not further disclose any such Data to a third party, unless you are an authorized third-party acting on behalf of a client, and you are accessing the Data to source candidates on behalf of your clients for legitimate employment purposes; (iii) you will implement appropriate physical, technical, and administrative measures to protect the Data from loss, misuse, unauthorized access, disclosure, alteration or destruction, and you will notify Talent.com immediately in the event of any suspected or actual unauthorized access or disclosure of such Data; (iv) you will not use the contact information from Job Applications to send unsolicited mail, emails, phone calls, text messages, or faxes regarding promotions and/or advertising of your or a third party’s products or services, or to contact or source job seekers for career fairs and business opportunities; and (vi) you will respect the privacy choices of Job Seekers.
For the purposes of this Agreement, “Personal Data” means any information or pieces of information that could identify an individual either directly (e.g. a name) or indirectly (e.g. through pseudonymized data, such as a unique ID number). This means that Personal Data includes things like email/home addresses, usernames, profile pictures, personal preferences, financial information, as well as unique numerical identifiers like a computer’s IP address.
Talent.com makes no representations or warranties regarding any content provided or generated by third parties, including, without limitation, Job Applications. You accept that Talent.com acts as a passive conduit for receipt of Job Applications and has no obligation to screen such information, verify the identity of the person submitting the Job Application, or verify the accuracy of the data or content contained in the Job Application. We do not guarantee any response or the number of responses to your Job Ads or that any responses will be from individuals suitable for the job vacancy you advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Ads have the required qualifications to meet your requirements.
In addition, you agree to indemnify, hold harmless, and defend Talent.com at your own expense against all costs, claims, damages or expenses incurred by Talent.com for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this Section and applicable data protection and privacy laws and regulations.
In some instances, you may be able to use Talent.com’s tools for the purpose of measuring the performance of your Job Ads, including for instance, Talent.com’s conversion pixels or server to server integration. These tools are provided as a courtesy, and we may disable them at any time. You are solely responsible for your use of the pixels on your website, and Talent.com disclaims all liability related to such use and provides no warranty regarding the proper functioning of the pixel, any numbers reported, or that use of the pixels would be error free. You are advised not to rely on the pixel. Any such tracking pixel, or analytics generated thereby, shall not be used to dispute or challenge our click count, which is binding. You agree not to use the information collected using tracking pixels for any purpose other than for measuring the performance of your Job Ads. For example, you may not use the pixel to profile users or for behavioral analytics. To the extent you decide to use such pixels, you agree to be in compliance with all applicable laws, including, but not limited to, privacy and data protection laws and, among other things, update your privacy and cookie policy to describe the use of such pixels and to seek consent for the use of the pixel from users when they enter your website. You agree to defend and indemnify Talent.com from any claim arising from your use of such pixel.
6. Partner Platforms
If you access or use Talent.com Services through a third-party platform, such as, without limitation, third-party platforms applicable to Talent.com’s resellers, applicant tracking system partners, job advertising partners, or other strategic partners (each, a “Partner Platform”), you understand and agree that you will only post Job Ads in connection with hiring employees for your own organization, and you agree to abide by our Terms of Service. Talent.com reserves the right, as determined in Talent.com’s sole discretion, to reject or disable your use, or any portion of your use, of the Talent.com Services through a Partner Platform if you post a Job Advertisement in connection with hiring an employee for an organization other than yours.
7. Paid Services for Employers
EXCEPT AS OTHERWISE PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND TALENT.COM, THE FOLLOWING TERMS WILL APPLY TO CLIENTS USING PAID SERVICES.
7.1 Paid Services
If you are using a paid feature of our Services, you agree to the pricing and payment terms for the applicable Services as set forth below and as outlined on our Website, and you acknowledge that Talent.com may update and modify them from time to time.
Talent.com may charge you in different ways depending on the service provided, including based on “clicks”, defined in this Agreement as a user action that results in a job description being displayed to the Job Seeker. This includes clicks for Job Ads on our Website as well as other websites in the Distribution Channels. Talent.com’s determination of such impression count shall be binding, even in cases where this number encompasses measurements provided by a third-party. Talent.com disclaims warranty with respect to measurements provided by third-party vendors. Talent.com and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding accuracy, or the levels or timing of costs per clicks, the delivery of any job applications, or the interest level of any users who apply to or view your Job Ads. Click prices may vary based on a variety of factors, including without limitation the current supply and demand pertaining to advertisements and clicks, the sources and volume of traffic, time of day, and other factors. You acknowledge that Talent.com has limited knowledge and control regarding how clicks are measured on other websites and must rely in part on reports generated by other websites.
When we provide a free credit for our job posting Services, you may have to provide valid payment and billing information. Your method of payment will not be charged until you have reached your maximum amount of free credit.
7.2 Credit Card, Debit Card and other Payment Method
In the event that you pay for any Services using a credit card or debit card, you authorize Talent.com to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) ("Payment Method"), for the applicable fees for the duration of the applicable term of your selected paid Services, together with any applicable sales, use, excise, goods and services tax, consumption or other similar tax applicable to the Services. You may change or update your payment method at any time in your settings. Any payments made by credit card are subject to the approval of our financial partner. A fee may be applicable at the time of the credit card verification, which will be automatically refunded by Talent.com once the validation has been made.
You represent that you are authorized to use the Payment Method on your company’s behalf, and you agree to accept an electronic record of a receipt. You may get a copy of your invoice through your Talent account settings. If at any time your Payment Method will not accept the charge for fees due, you agree that Talent.com may retry the Payment Method until it accepts the charges and/or suspend or terminate your access to the applicable Services, including those of which you do not have an outstanding balance, and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended.
By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. You agree that Talent.com may obtain updated payment information for credit and debit cards through payment card networks, card issuers or other third party sources. You further agree that Talent.com may use the updated card information to charge amounts you owe us. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
7.3 Payment Terms
If you elect to use a paid Service where payment is processed through the Website, you agree that your Payment Method on file with us will automatically be charged in accordance with the billing cycle stipulated on the Website for the Services you purchased. If your Payment Method will not accept the charges for the payment when due, Talent.com will attempt to process your Payment Method on the following day until payment is made.
If you elect to use a paid Service where payment is not processed through the Website, you agree to pay any outstanding invoices within thirty (30) days of the invoice date.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (eighteen percent per annum) or the highest rate permitted by law, if less, from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by Talent.com in collecting delinquent amounts.
In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us, as the case may be, under this or any other agreement.
If you reasonably dispute any portion of an invoice, you must pay the undisputed portion of the invoice and submit written notice of your dispute (with sufficient detail of the nature of the dispute, the amount and invoices in dispute and information necessary to identify the affected Service(s)) for the disputed amount. All disputes must be submitted to Talent.com in writing within thirty (30) days from the date of the invoice with respect to which you have a dispute. You waive the right to dispute any charges not disputed within such thirty (30) day period. In the event that the dispute is resolved against you, you shall pay such amounts plus interest at the rate referenced above.
Our paid Services may be taxable, in which case Talent.com will charge you, in addition to our Service fees, any applicable sales, use, excise, goods and services tax, consumption or other similar tax applicable to the Services. The currency in which we bill you and the applicable taxes that may be charged on our Services are determined by which Talent.com entity you contract with and your country of residence.
7.4 Cancellation
You may pause or cancel your use of our Services at any time by going online and (a) pausing or deleting your Job Ad or recruitment campaign or (b) deleting your account, or by giving written notice to your Talent.com account representative. You understand that by pausing or cancelling our Services, you will remain liable to pay Talent.com the entire fees due for the Services delivered prior to the pause or cancellation becoming effective. Pausing or cancelling our Services generally takes effect within 24 hours, or a longer delay if otherwise specified in a separate agreement between you and Talent.com. You acknowledge that after pausing our Services, you will continue to have access to your account and may reactivate our Services at any time in your settings. You can delete your account at any time in your account settings. You acknowledge that you may not delete your account if you have any outstanding invoices. By deleting your account, any data, content, and features associated with the account such as job postings will be removed, and you will no longer be able to access it.
7.5 No Refunds
You understand and accept that, to the fullest extent available under applicable law, you will not receive a refund of any pre-paid fees if you cancel, terminate, or decide to no longer use a paid Service, prior to the expiration of those services. In the event that Talent.com suspends, limits, conditions, or terminates your access to the Services and/or your account due to your breach of this Agreement or any other agreement that you have with Talent.com, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay Talent.com the entire fees due for the product or service, as applicable.
8. Governing Law
Unless otherwise required by law, if you are contracting with Talent.com as an Employer, this Agreement and any dispute arising out of or in connection therewith or related in any way to your use of our Services or this Agreement (“Dispute”) shall be governed by the laws of the Province of Québec and the laws of Canada applicable therein, if you are located in Canada; the laws of the Federative Republic of Brazil, if you are located in Brazil; the laws of the State of Illinois if you are located in the United States; the laws of the French Republic if you are located in France; the laws of the Swiss Confederation if you are located in Switzerland; the laws of England and Wales if you are located in the United Kingdom or elsewhere in the world, without giving effect to the conflicts of law principles thereof.
9. Dispute Resolution
Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in the following cities and each parties hereby consent to the exclusive personal jurisdiction of such courts: Montreal, Province of Québec, if you are located in Canada; São Paulo, State of São Paulo, Brazil if you are located in Brazil; Chicago, State of Illinois, U.S.A., if you are located in the United States; Paris, France, if you are located in France; Lausanne, Switzerland, if you are located in Switzerland; London, England, if you are located in the United Kingdom or elsewhere in the world.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of our Services or these Terms of Service.
10. Class Action Waiver
By using our Services, you acknowledge that Talent.com can only offer you these Services under the terms and conditions as presented herein. As partial consideration for your use of our Services, you agree not to sue Talent.com as a class plaintiff or class representative, join as a class member or participate as an adverse party in any way in a class-action lawsuit against Talent.com regarding your use of our Services, where permitted. If you do not agree to any part of these terms, do not continue your use of our Services. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section B.9 above.
11. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Talent.com and its subsidiaries, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to all legal fees and expenses) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, our Services; (c) your loss of, or disclosure of, information gained from using our Service; (d) your violation of any applicable laws or regulations, including but not limited to any consumer protection laws, any employment, pay transparency, equality, or discrimination laws, any data protection or privacy laws and anti-spam, email marketing, or telemarketing laws (including any email, phone call or text message you send or make to another User); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your User Content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of our Services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant; (i) any other party's access and use of the Services with your account or login information; and/or (j) your intentional or willful misconduct, or negligence. This defense and indemnification obligation will survive this Agreement and your use of the Services.
C. TERMS OF SERVICE FOR ALL USERS
1. Eligibility
You may agree to these Terms of Service only if you have reached the age of eighteen (18) years old or the legal age in your jurisdiction to form binding contracts under applicable law. If you are under the legal age to form contracts in your jurisdiction but are permitted to work in the jurisdiction in which you reside, you may still use our Services but your parent, or guardian must agree to these Terms of Service on your behalf. Parents and guardians are responsible for the acts of children under the age of majority when using our Services. AS FAR AS IS PERMITTED BY APPLICABLE LAW, WE DECLINE ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OR ALL OF OUR SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF SUCH SERVICES BY YOUR CHILD.
2. User Account and Communication
If you are a registered User to our Services, you agree to provide accurate, current, and complete information about yourself in the registration process, and to be responsible for keeping your login information confidential.
You are solely responsible for the activity that occurs under your account. You are responsible for any password misuse or any unauthorized access, even if you notify us of this breach of security. We reserve the right at any time to disable or terminate your account, username, password, or other identifier, at our sole discretion for any reason, including due to any violation of a Term of Service provision.
By providing Talent.com your email address, when registering as a User to our Services or otherwise, you consent to us using your email address to send you service-related communication. We may also use your email address to send you other messages, such as changes to features of the Service and special offers, to the extent you have opted-in to receive such communications or if otherwise permitted by the laws of the jurisdiction where you reside. If you do not want to receive marketing communications from us, you may opt out or change your preferences in your Profile Account, if you are a Job Seeker or in your Employer Account, if you are an Employer, or by following the opt out and/or unsubscribe instructions in the email message, or by requesting to be opted-out by emailing our Customer Service department at support@talent.com. Please note, that while you can opt out of marketing messages, you cannot opt out of service-related communications, including those related to security, legal notices, your account, your use of our Services, billing, and other transactional purposes unless you deactivate your account and stop using our Services.
3. User Content
Our Services allow Users to post User-generated content including, but not limited to, Job Ads, Employer information, images, logos, trademarks, screening questions, Job Seeker's application information, resumes/CVs, answers to screening questions, comments and other materials ("User Content").
Talent.com acts as a passive conduit for the distribution, provision, and publication of User Content, and (a) exercises no control and assumes no responsibility for the substance of any User Content; (b) does not endorse, any such User Content, including advertising and information about third-party services, Job Ads, salary-related and other information provided by other Users; (c) makes no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such User Content; and (d) assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful User Content made available by Job Seekers, Employers and third parties. You agree that reliance on any User Content is at your own risk.
Although Talent.com has no obligation to screen User Content, we may monitor User Content and we reserve the right to delete without notice any User Content or portion thereof that we deem, in our sole discretion (a) violates our Terms of Service, (b) violates any law or regulation, (c) violates the rights of third parties or (d) creates liability for Talent.com or otherwise negatively impact Talent.com. You also acknowledge that Talent.com may suspend and/or terminate any user account profile connected with such User Content.
In accordance with applicable laws, regulations or judicial decisions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the User Content provided by third parties on Talent.com. The decision by Talent.com to remove or to not post or distribute any User Content, does not by itself amount to participation in the creation of such User Content and, accordingly, does not constitute a waiver of the immunity afforded by such applicable laws, regulations or judicial decisions, including Section 230 of the U.S. Communications Decency Act or any other similar applicable laws.
Talent.com may disclose User Content to Job Seekers and Employers and, in certain circumstances, to third parties, for purposes of providing our Services or enforcing our Terms of Service, or to protect ourselves, our affiliates, our partners, and our visitors or to comply with legal obligations or governmental requests. This means, for example, that Talent.com may honour subpoenas, search warrants, law enforcement or court-mandated requests to reveal the source of User Content or delete User Content or provide other properly requested information.
If you believe that any User Content violates our Terms of Service, please contact our Customer Service department at support@talent.com so that we may have the opportunity to consider its removal.
4. License grant on User Content
By posting, submitting, providing and/or otherwise making available to us any User Content, including for the purpose of sharing your information with Job Seekers or Employers, you expressly grant and represent that you have a right to grant Talent.com a royalty-free, sublicensable, perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the platforms on which we provide the Services, including without limitation on the Talent.com Websites and mobile applications, distributing such User Content through Distribution Channels, on social media sites and in job alerts to job seekers, to promote Talent.com and the Services, and to share or otherwise use such User Content and additional information as is reasonably required to fulfil the Services we provide to you. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Talent.com and its affiliates from any claims resulting from any such User Content.
If you are an Employer, you acknowledge and agree that Talent.com has no obligation, and may be unable, to remove your Job Ads and other User Content (including any logos and/or trademarks contained therein) once they have been (i) distributed via our Distribution Channels (ii) listed in search engine results, or (iii) distributed on websites and in job alert emails or job alert texts, and in each case above, the license grant from you will be perpetual and irrevocable for such uses.
To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by Talent.com to identify you as a User of the Services in any promotional and marketing materials to promote Talent.com and the Services. Further, to the extent you have given Talent.com the right to access certain User Content that is present on another website or service you own or control, you give Talent.com the right to scrape such website as required to retrieve such User Content for use on the Services as contemplated in the license grants above.
You acknowledge that Talent.com is under no obligation to provide compensation in any form to you in exercise of its rights under the license granted in this Section.
You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this Section to User Content that you submit, provide, make available or post, via the Services; that the use by Talent.com of your User Content will not violate any law or infringe the rights of any third party; and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.
5. Prohibited use of our Services
You agree that you will use our Services solely for lawful purposes in a manner consistent with these Terms of Service and all applicable laws, regulations, or other legally enforceable obligations you may have towards us and any third parties. You understand that you might expose yourself to liability if your User Content or other use of our Services violates applicable law or any third-party right.
You agree not to engage in any of the following prohibited activities:
  • duplicating, reproducing, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping" for any purpose; 
  • using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to Talent.com servers than a human can reasonably produce in the same period of time by using a conventional online web browser
  • generating or facilitating unsolicited commercial emails, including but not limited to those that violate applicable anti-spam laws;
  • attempting to interfere with, bypass, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
  • taking any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • uploading or transmit any invalid data or harmful code such as viruses, worms, or other software agents through the Services;
  • collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services; 
  • using the Services for any commercial solicitation or monetization purposes;
  • imitating or impersonating another person or entity, or misrepresenting an association with a person or entity, or hiding or attempting to hide your identity;
  • accessing or attempting to access any content of the Website by an interface other than what is provided by Talent.com;
  • disclosing or sharing account login information; 
  • modifying, adapting, translating, reverse engineering or decompiling any parts of the Services; 
  • reformatting, framing or linking to any information or content on the Services;
  • providing false information about others;
  • removing any copyright, trademark, or other proprietary rights notices posted on the Website, and/or transmitting another’s proprietary information without the owner’s or licensor’s permission;
  • posting, submitting, providing links to or promoting any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, fraudulent, deceptive or obscene as determined by Talent.com.
Talent.com reserves the right to use any method to detect and block the above activity and to screen User Content and User activity to prevent abuse on the Website. While Talent.com will make every effort to detect and prevent the above from occurring, we will not be liable or responsible should we fail to do so. We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, including if in our sole determination, you breach or violate any provision of our Terms of Service, commit fraud or other abuse using the Services. We will not be held responsible should your account be mistakenly flagged for review.
Talent.com shall have no liability for your interactions with other Users, or for any User's action or inaction. Talent.com shall have no obligation to you to enforce this Agreement against any other User. You agree to remedy any disputes you may have with other Users directly with that User. As a Job Seeker, you agree that any rights you have under any applicable laws pertaining to your dealings with an Employer in the context of using our Services, including employment, equality or discrimination laws, consumer protection and fair credit reporting laws, data protection and privacy laws may only be asserted against such Employer.
6. Talent.com Proprietary Rights
These Terms of Service provide only a limited license to Job Seekers and Employers to access and use the Services in accordance with their terms. Accordingly, you hereby agree that Talent.com transfers no ownership or intellectual property interest or title in and to the Services or any materials used in connection with the Services, including, without limitation, software, (including source code), programs, products, information, documentation, images, text, graphics, user interfaces, visual interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content ("Talent.com Content"). All such Talent.com Content as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services (except for Feedback) are exclusively owned, controlled, and/or licensed by Talent.com or its members, parent(s) licensors or affiliates. Talent.com, the Talent.com logos, and all other marks are proprietary trademarks of Talent.com and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior written permission of Talent.com is hereby strictly prohibited. Except as explicitly provided herein, nothing in the Terms of Service shall be deemed to create a license in or under, any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Talent.com Content or materials on the Services for any purpose not expressly permitted by the Terms of Service is strictly prohibited.
If you participate in any evaluation regarding the Services or otherwise provide Talent.com suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively, "Feedback"), you consent to this Feedback becoming the property of Talent.com
Such Feedback will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, and non-exclusive right and license for Talent.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Feedback without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. You agree that this Feedback will not create any confidentiality obligation upon Talent.com. To the extent permitted by applicable law, you waive any moral rights and irrevocably consent to any acts that would otherwise infringe your moral rights, in your Feedback. You agree not to provide any Feedback that breaches any agreement you have with a third party.
7. Mobile Applications
By using any of the Talent.com mobile applications that can be downloaded in device application marketplaces (“Talent.com Apps”), you agree that all of the terms and conditions found herein apply to your use of the Talent.com Apps. Additionally, you agree that the Talent.com Apps may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the Talent.com Apps, you allow us to make formatting changes to any User Content as they appear on your phone. You further acknowledge that your use of the Talent.com Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the Talent.com Apps, and we disclaim all responsibility for such data usage. In addition, if you allow Talent.com Apps to utilize location services, the Talent.com Apps may suggest to you and collect from you information based on your geographic location.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of the Talent.com App downloadable from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"): the extent of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and (b) the other terms and conditions in this Agreement, the Google Play Terms shall apply with respect to your use of any Talent.com App that you acquire from Google Play. Talent.com and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Talent.com or you (or any other user) under this Agreement or the Google Play Terms.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of the Talent.com Apps downloadable from the Apple App Store or its successors as operated by Apple Inc. or one of its affiliates ("Apple"): Apple is not a party to this Agreement and does not own and is not responsible for the Talent.com App. Apple is not providing any warranty for the Talent.com App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Talent.com App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Talent.com App, including any third-party product liability claims, claims that the Talent.com App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Talent.com App, including those pertaining to intellectual property rights, must be directed to Talent.com. The license you have been granted herein is limited to a non-transferable license to use the Talent.com App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Talent.com App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Talent.com’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
8. Beta Products
Talent.com may offer beta test products or features on our Website. These beta test products or features may be offered in limited quantities, in limited locations, and for limited time. We may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT OR FEATURE OR ACCOMPANYING MATERIALS.
9. Export and Anti-corruption
You may not use our Services if you are (i) located in, or a resident or a national of, any country subject to U.S. or Canadian government embargo, sanctions, or other restrictions (ii) named on any U.S. or Canadian government denied-party list or (iii) engaged in activities directly or indirectly related to the proliferation of weapons of mass destruction. Further, you shall not make our Services available to any person or entity that falls under (i), (ii) or (iii) above. Talent.com reserves the right to limit or terminate any and all Services in specific countries or regions, at any time, due to, or during, times of war, political upheaval or uncertainty, riot, insurrection, terrorism or threat thereof, or civil disorder.
You represent that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Talent.com’s employees or agents in connection with this Agreement.
10. Claims of Infringement
Copyright laws, such as the Copyright Act in Canada or The Digital Millennium Copyright Act of 1998 in the US, and similar laws in other jurisdiction provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under applicable copyright laws. If you believe in good faith that materials hosted by Talent.com infringes your copyright under any applicable copyright laws, you (or your agent) may send us a notice in the form prescribed by regulation requesting that the material be removed or access to it blocked. The notice shall (a) state the claimant’s name and address and any other particulars prescribed by regulation that enable communication with the claimant; (b) identify the work or other subject-matter to which the claimed infringement relates; (c) state the claimant’s interest or right with respect to the copyright in the work or other subject-matter; (d) specify the location data for the electronic location to which the claimed infringement relates; (e) specify the infringement that is claimed; (f) specify the date and time of the commission of the claimed infringement; and (g) contain any other information that may be prescribed by regulation.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send Talent.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by applicable copyright laws. Notices and counter-notices with respect to the Website should be sent in writing to Talent.com Inc., 5800 St-Denis Street, Suite 604, Montreal, Québec, Canada, H2S 3L5, Attention: Legal Department. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under certain copyright laws.
If you believe in good faith that any content on the Services is illegal or infringes your or a third party's intellectual property right other than copyrights, such as trademarks, or you wish to make us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at: legal@talent.com. Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, phone number and email address.
11. Privacy and Security
Please refer to our Privacy Policy for information regarding how we collect, process, share and store your Personal Data
Unfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal data for improper purposes. You acknowledge that you provide your personal data at your own risk. Any actual or attempted use of the Services by you in violation of this Agreement may result in criminal and/or civil prosecution. Talent.com reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Services without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Services.
We continuously test our system for potential breaches and have developed a Bug Bounty program that proactively encourages and rewards third parties for identifying security vulnerabilities on our site. We have dedicated resources monitoring our servers for any potential intrusions or vulnerabilities. We encrypt our data while stored and in transit and have strict access control policies within our organization to control access to the data. No system is 100% secure, so we dedicate resources to ensure that we minimize the risk of leaks, breaches, or hacks.
12. Governing Law and Dispute Resolution
If you are neither a Job Seeker nor an Employer as defined in this Agreement, this Agreement and any dispute arising out of or in connection therewith or related in any way to your use of our Services (“Dispute”) will be governed by and under the laws of the Province of Québec and the laws of Canada applicable therein, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the courts of the Province of Québec, Canada and the parties to such Dispute hereby consent to the exclusive personal jurisdiction of such courts.
13. Disclaimer
TALENT.COM MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS OR FEATURE OFFERED WITHIN THE SERVICES AND PROVIDE THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALENT.COM, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TALENT.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. TALENT.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES AND PRODUCTS OFFERED WITHIN THE SERVICES. TALENT.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY TALENT.COM. TALENT.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, TALENT.COM’S LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT TALENT.COM’S OPTION) TO: (A) FOR GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TALENT.COM OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF TALENT.COM OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF TALENT.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID TALENT.COM TO USE THE SERVICES.
15. Confidentiality
Through your use of our Services, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, salary data and Salary Data Displays, and guidelines and documentation relating to the Services ("Confidential Information"). You agree that: (a) all Confidential Information will remain the exclusive property of Talent.com; (b) you will use Confidential Information only as is necessary for your use of the Services and in accordance with this Agreement; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You further agree not to share with, or otherwise disclose to, any third party, login credentials or any other mechanism that permits access to the Services or any other non-public area of the Website.
16. Equitable Relief
You acknowledge that a breach by you of any confidentiality or proprietary rights provision of this Agreement may cause Talent.com irreparable damage, for which the award of damages would not be adequate compensation. Therefore, Talent.com may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, Talent.com may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
17. Relationship of the Parties
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. Except as set out in this Agreement, only you and Talent.com may enforce this Agreement as this contract is between you and Talent.com.
18. Third-party Links and Services
The Services may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled by Talent.com (collectively, "Third-Party(ies)"). Talent.com does not endorse or assume any responsibility for any such Third-Party sites, information, materials, products, or services. If you access a Third-Party website from the Services or use a Third-Party service, you do so at your own risk, and you understand that this Agreement and the Talent.com Privacy Policy do not apply to your use of such Third-Party sites or services. You expressly relieve Talent.com from any and all liability arising from your use of any Third-Party website, service, or content.
19. Electronic Contracting
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT, AND THAT YOUR INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON ANY TALENT.COM WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. YOU ACKNOWLEDGE THAT TALENT.COM DISCLAIMS ALL WARRANTIES ASSOCIATED WITH ELECTRONIC SUBMISSIONS, INCLUDING ANY ERRORS ASSOCIATED WITH THE VALIDITY OF ANY SIGNATURES, AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY AGREEMENTS/TRANSACTIONS ARE RECEIVED AND RETAINED BY YOU.
20. Notification
Any notices to Talent.com must be sent in writing to Talent.com Inc., 5800 St-Denis Street, Suite 604, Montreal, Québec, Canada, H2S 3L5, Attention: Legal Department, via certified first class or overnight courier (signature required) and are deemed given upon receipt.
Any notices to Users will be provided electronically by email, messaging service, notification in your account interface or through conspicuous posting of such notice on our Website or Talent.com Apps, as determined by Talent.com, in its sole discretion. Notice to Users is deemed received and effective when sent (for electronic communications) or no more than 30 days after having been posted in your account interface or on our Website or Talent.com Apps.
21. Modifications
Talent.com may modify these Terms of Service at any time. If we do so, we will post the revised Terms of Service and update the “Last Updated” date at the top. In case of material changes, we will also provide you with notice of the modifications, before the effective date, via email, messaging service or notification on our Website and/or ask you to explicitly accept the revised Terms of Service before your next visit on our Website or Talent.com Apps. If you disagree with the revised Terms of Service, you should not use our Services and you should cancel you account. Your continued use of our Services after the effective date of the proposed changes will constitute acceptance of the revised Terms of Service.
22. Miscellaneous
By using our Services, you agree to comply with all applicable laws and regulations, including Canadian, U.S. or other export and re-export control laws and regulations, copyright laws, privacy laws and laws regarding intellectual property.
These Terms of Service (including the Privacy Policy and the Cookie Policy which form an integral part thereof) constitute the entire agreement between the parties with respect to the subject matter hereof, including any and all provisions applicable to the parties, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Talent.com. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative Talent.com. For the avoidance of doubt, email or phone communication between you and a Talent.com employee shall not constitute an amendment or alteration of this Agreement.
You may not assign or delegate any of your rights or obligations herein without Talent.com’s prior written consent and any such attempt is void. Talent.com may freely assign or delegate its rights and obligations herein without notice to you.
23. Termination
These Terms remain in effect while you use our Services and, for registered Users, if your account remains active. You may delete your account at any time. All provisions of these Terms of Service shall survive termination or expiration except those provisions granting access to or use of our Services. We may suspend or terminate your account, or your access to parts of our Services at our discretion and at any time, including if we determine that you have violated any terms of this Agreement, and we are not liable for any deletion of your information.
24. Contact Us
If you have questions about our Terms of Service, please contact us at legal@talent.com.
You can also contact us at the following mailing address:
Talent.com Inc. 5800 St-Denis Street, Suite 604 Montreal, Québec, Canada, H2S 3L5
Attn: Legal Department
Privacy Policy
Last Updated: December 20, 2022 
ABOUT OUR PRIVACY POLICY
This Privacy Policy describes how Talent.com Inc. (“Talent.com,” “we,” “our” or “us”) and our affiliates handle the data collected and processed while you use our websites (the “Website”), our mobile applications, our other online products and services and while you communicate with us via email, texts and other form of communications (together, the “Services”). Talent.com is committed to protecting your privacy through our compliance with our Privacy Policy.
Each time you use or access any of our Services, you do so by accepting this Privacy Policy. If you do not accept this Privacy Policy, then you should not use our Services. We reserve the right to modify this Privacy Policy at any time by notifying you as provided in this Privacy Policy. Your continued use of the Services after any such change constitutes your acceptance of the revised Privacy Policy.
1. Who Controls Your Data
Talent.com Inc. is a global company based in Canada. Talent.com Inc. controls the data collected and processed through our Services.
Under most circumstances, if you reside in North America (the United States, Canada, and Mexico), Talent.com acts as your service provider and processor of your Personal Data. For all other users, Talent.com acts as a controller of your Personal Data.
2. Types of Data We Collect
Depending on your interaction with us, meaning, if you are a visitor browsing our Website, or if you have registered as a user of our Services, either as a job seeker (“Job Seeker”) or as someone looking to hire or make available information regarding employment openings (“Job Ads”) on your behalf or on someone else’s behalf (“Employer”), we collect and process two types of information about you:
2.1 Personal Data:
This is the type of data that identifies you as a natural person, or that may be used, either alone or in combination with other information, to personally identify you as a natural person. As used in this Privacy Policy, “Personal Data” may include:
  • Your first name, last name, Social Media profile or similar identifier (“Identity Data”);
  • Your physical address, email address, social media address, mobile or landline telephone number, location data and other contact information you may provide (“Contact Data”);
  • Your username and password, user preferences, profile-linked user-generated content such as Job Ads, curriculum vitae (CV)/resume, job searches (keyword(s) and location typed in the search bar or displayed on the job posting), candidate searches, feedback and survey responses (“Profile Data”);
  • Your applicant-linked user-generated content such as job applications, curriculum vitae (CV)/resume, cover letter and answers to employers screening questions (“Application Data”);
  • Details about your subscription to our Service and payments for such Services (“Transaction Data”) and billing, banking and payment card information (“Financial Data”). However, please note that credit card numbers are not collected by us directly, but by secure payment service providers;
  • Certain technical data about the equipment you use to access our Services (“Technical Data”) and the way you use our Services (“Usage Data”). This Technical and Usage Data may be considered Personal Data in certain jurisdictions. We refer you to Section 3.3 of this Privacy Policy for more information about Technical Data and Usage Data.
2.2 Non-Personal Data:
This is the type of data that is non-personal and non-identifiable data that cannot personally identify or lead to identifying a natural person. For example, personal data that is aggregated or converted into statistics or anonymized can no longer be attributed to you and is therefore considered Non-Personal Data. In the event we combine Personal Data with Non-Personal Data, the combined information will be treated as Personal Data for as long as it remains combined.
2.3 Sensitive Personal Data:
To use our Services, you are not required to provide us with any Sensitive Personal Data. Sensitive Personal Data includes, for example, information about racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership, genetic and biometric data and data concerning health, sex life or sexual orientation. If you are a Job Seeker responding to a Job Advertisement, sharing your resume with a prospective Employer, or answering questions from a prospective Employer while using our Services, please carefully consider the information that you share and ensure that you are not providing any Sensitive Personal Data or other information that is not necessary for your job application or job search.
You are not required by law to provide us with any information. You can always avoid providing us certain Personal Data; however, you acknowledge that it may prevent us from providing you certain Services.
3. When do we collect your Personal Data and why
3.1 Personal Data Employers send us
When you are using our Services as an Employer, you may provide your Identity Data, Contact Data, Profile Data, Transaction Data and Financial Data to us when you:
  • create an employer account;
  • post or distribute Job Advertisement using our Services;
  • if you opt in to receive newsletters or other communications about new or existing features or functionalities that might be of interest to you;
  • request information to be sent to you
  • use our customer service or support, or make technical request;
  • provide feedback to us or respond to a survey;
  • when you communicate with us on any transactional or other matters.
In those circumstances, we use your Personal Data among other things for our legitimate business interest to perform and improve the Services you have requested, to respond to your inquiries and provide you with the support, information and communications you have asked to receive and to generally perform the agreement between you and us. When you communicate with us over the phone, your calls may be recorded and analyzed for training, quality control and for sales and marketing purposes. During such calls, we will notify you of the recording via either voice prompt or script. When you participate in a survey, we collect information that you provide through the survey. If the survey is provided by a third-party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information. Participation in any such surveys is completely voluntary and you, therefore, have a choice whether to disclose such information.
3.2 Personal Data Job Seekers send us
When you are using our Services as a Job Seeker, you may provide us with your Identity Data, Contact Data, Profile Data and Application Data when you:
  • create a job seeker account;
  • sign up for job alerts;
  • apply to a Job Advertisement posted on our Website, mobile application or through sponsored advertisements that we have on third party sites;
  • use our customer service or support, or make technical request;
  • provide feedback to us or respond to a survey;
  • when you communicate with us on any matters.
In those circumstances, we use your Personal Data among other things for our legitimate interest to perform and improve the Services you have requested or to respond to your inquiries and provide you with the support, information and communications you have asked to receive and to generally perform the agreement between you and us. When you subscribe to our email or SMS job alerts, we use your email or phone number, based on your consent, to send you personalized and relevant job listings related to your job search. You may manage your alerts or unsubscribe at any time from our job alerts Services. See Section 8 of this Privacy Policy for details on how to unsubscribe to our Services.
When you apply for a job through our Website or mobile application, we collect and use your Application Data, based on your consent, to send to the Employer whose Job Advertisement you responded to. This data is then associated with your Job Seeker account, so you can easily apply for subsequent jobs without having to re-enter your application information every time. Sometimes, when applying for a job, you may be redirected to the Employer’s website or application tracking system. In such a case, we do not collect your Application Data. See Section 4.1 of this Privacy Policy for more details on how your Application Data is treated.
3.3 Technical and Usage Data we collect automatically
As is true of most websites, as you interact with our Website or use our mobile application, we may automatically collect technical data about your computer and mobile device. This may include information such as Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used) and other device identifier, your login data, access dates and times, browser type and version, device information, cookie data, time zone setting and location data, browser plug-in types and versions, operating system and platform, mobile phone carrier identification, the language your system uses and other technology on the devices you use to access our Services. We refer to this as “Technical Data”. We may also collect information about how you use our Services, such as your browsing actions and patterns, which links you click on, or information that you type into pages or forms we present to you. If you receive email or other form of electronic communication from us, we use certain tools to capture data related to when you open our messages, click on any links or banners it contains and subscribe to our Services. We refer to this as “Usage Data”.
We collect this Technical and Usage Data by using cookies, pixels, server logs and other similar technologies. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a website is viewed. We may also receive Technical Data and Usage Data about you if you visit other websites employing our cookies and other similar technologies, including on third-party websites where we publish Job Advertisements. Read our Cookie Policy for more information on our use of cookies and other tracking technologies.
We have a legitimate business interest in collecting Technical Data and Usage Data as this allows us to make our Website and mobile applications operate efficiently, to improve our Services, to monitor, detect and prevent fraudulent activities on our Website, to customize your experience when using our Services, to help us analyze how our Services are used and assist us in our marketing efforts. More specifically, we may use Technical Data and Usage Data to, among other things:
  • Respond to customer service requests;
  • Administer your account;
  • Respond to your questions and concerns;
  • Improve our Services and marketing efforts;
  • Conduct research and analysis;
  • Display content based upon your interests.
3.4 Personal Data we receive from third parties
We may receive Personal Data in the form of Technical Data and Usage Data about you from various third parties such as our publishing and advertising partners and Employers. See our Cookie Policy for further information.
You may also create an account or log into your Talent.com account using third-party websites including, but not limited to LinkedIn or Google (“Social Media”). If you do not already have a Talent.com account but log into Talent.com using your Social Media account, this creates a Talent.com account using the same email address used in your Social Media account. If you agree to provide this information to Tale nt.com, your Social Media account will authenticate you and redirect you to Talent.com. When you log into Talent.com using your Social Media account, these Social Media will use cookies on our Website to authenticate you as a Social Media user. By accessing Talent.com through your Social Media account, you understand that these Social Media providers will share certain data detailed in the above paragraph for the purposes of authentication to permit you to access our Website in a secure manner. You may stop this at any point from your Social Media account. This information will be considered Talent.com account information for purposes of your use of our Services.
4. When do we share your Personal Data and why
In addition to the specific situations discussed elsewhere in this Privacy Policy, we may share your Personal Data in the following situations:
4.1 Job Seekers and Employers
When a Job Seeker applies for a job through our Website or mobile application, we share their Application Data with the Employer. This may include sharing the Application Data with the employer looking to hire, the agency recruiting on behalf of the employer and/or the external system such as an applicant tracking system used by the employer and/or the agency to manage the hiring of employees. Employer account holders agree to comply with all their responsibilities under applicable data protection laws with respect to the collection, processing, and storage of Personal Data, as well as providing adequate protection of all data subject rights provided for under all applicable data protection laws. When an Employer uses our Services, we will share Employer-related information with Job Seekers. This may include publishing Job Advertisements, company pages, and salary information on our Website and mobile applications. We may also share this information on third-party websites.
4.2 Publishing Partners, Employers and Advertising Partners
We may share Personal Data in the form of Technical Data and Usage Data with third parties part of our ecosystem including partners in our publishing network and employers. We may also participate in behavior-based advertising. This means that a third party uses technology (e.g., a cookie) to collect information about your use of our Website so that they can provide advertising about products and services tailored to your interests on our Website, or on other websites. See our Cookie Policy for further information.
4.3 Service providers
We share your information with service providers that we use to support our business or help provide our Services to you, including, but not limited to, third parties that host our Website, assist us to verify your identity, perform website and platform maintenance, risk assessments, and security, perform data and web analytics, provide databases, IT services, customer service, payment platforms and credit card processing, communication services, and email services. Our service providers will be given access to your Personal Data as is reasonably necessary to provide the Website and related Services. Our service providers are contractually obligated to use your Personal Data only at our direction, to handle your Personal Data in confidence, and to not disclose your Personal Data to unauthorized third parties. However, certain of those service providers provide services pursuant to standard terms and conditions that may be non-negotiable. These service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Data, by these companies.
4.4 Affiliates and acquisitions
We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business or our assets, we will also share information with that company, including at the negotiation stage.
4.5 Other disclosures with your consent
If we otherwise intend to disclose your Personal Data to a third party not otherwise described elsewhere in this Privacy Policy, we will identify that third party and the purpose for the disclosure and obtain your consent.
4.6 Other disclosures without your consent
We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third-party intermediary.
4.7 Public
Our Website may provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available.
Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Data with third parties without your consent. We may use or share Non-Personal Data in any of the above circumstances, as well as for the purpose of providing and improving our Service and for commercial use.
5. How long do we keep your Personal Data
The length of time for which we retain Personal Data depends on the purposes for which we collected and use it and/or as required to comply with applicable laws. Where there are technical limitations that prevent deletion or anonymization, we safeguard Personal Data and limit active use of it.
6. How do we protect your Personal Data
We implement security measures designed to protect your Personal Data from unauthorized access. We apply these tools based on the sensitivity of the Personal Data we collect, use, and store, and the current state of technology. We protect your Personal Data through technical and organizational security measures to minimize risks associated with data loss, misuse, unauthorized access, and unauthorize disclosure and alteration. We periodically review our information collection, storage and processing practices, including technical and organizational measures, to guard against unauthorized access to systems. Your account is protected by your account password, and we urge you to take steps to keep your Personal Data safe by not disclosing your password and by logging out of your account after each use.
Because the internet is not a completely secure environment, we cannot warrant the security of any information you transmit to us or guarantee that information on the Website may not be accessed, disclosed, altered and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. In addition, while we take reasonable measure to ensure that service providers keep your information confidential and secure, such service provider’s practices are ultimately beyond our control. We are not responsible for the functionality, privacy and/or security measures of any other organization. By using our Services, you acknowledge that you understand and agree to assume these risks. You may ask for a list of technical and organizational measures taken to protect your Personal Data by e-mailing us at: data-privacy@talent.com.
7. Where do we store and process your Personal Data
Our company operates globally and has a global infrastructure. We may store or process your Personal Data in various countries, including the United States, Canada and the European Economic Area (“EEA”), depending on the type of Personal Data processed. If you visit our Website or use our Services from locations outside of the United States, please note that any information you provide to us through your use of our Website or Service may be transferred to and processed in countries other than the country from which you accessed our Websites or Services. As a result, your Personal Data may be transferred to countries outside your country of residence, which may have different data protection rules than in your country. While such Personal Data is outside of your country, it is subject to the laws of the country in which it is located and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. However, we will take the necessary steps to ensure that international transfers of Personal Data meet all requirements under applicable data protection laws and this Privacy Policy. When Personal Data collected within the EEA or the United Kingdom is transferred outside the EEA or the United Kingdom, we will take the steps necessary to ensure that the transfer of such data provides sufficient safeguards. For example, we will do so by transferring Personal Data to jurisdictions which, according to the European Commission and the Court of Justice of the European Union, offer an adequate level of protection to Personal Data or pursuant to standard contractual clauses approved by the European Union.
Personal Data transferred outside the EEA for processing by AWS on its servers in the United States, and among the company’s affiliates, in both cases is accomplished pursuant to standard contractual clauses approved by the European Union. If you would like to understand more about these arrangements and your rights in connection therewith, please contact our Privacy Officer at data-privacy@talent.com.
8. Your choices
You can take the following actions that will change or limit the collection or use of your Personal Data.
8.1 Unsubscribe to Job Alerts
If you wish to unsubscribe to job alerts, you may do so by clicking on the “Unsubscribe from Job Alert” link located at the bottom of any email alert. You can then click on the “Delete” button next to the alert you wish to remove. In the case of SMS or WhatsApp Job Alerts, if offered in your region, you can unsubscribe by replying “STOP” to the messages you received or clicking on the unsubscribe link you received via your mobile device, as the case may be. You may also edit or unsubscribe to job alerts in your account profile, under the “My notifications” tab. Find out more on how to unsubscribe to our Services in our Terms of Service.
8.2 Unsubscribe to promotional or marketing emails
You may choose to provide us with your email address for the purpose of allowing us to send offers and other promotional/marketing materials to you, as well as targeted offers from third parties. You can stop receiving promotional/marketing emails by following the unsubscribe instructions in e-mails that you receive and also adjust your email preferences in the “My notifications” tab in your account profile. If you decline to receive promotional and/or marketing emails, we may still send you transactional and Service-related messages.
8.3 Purge your account
If you wish to delete all information associated with your account, you may do so by logging into your account, clicking on the “Settings” section, and then on “Purge my account information”. You will no longer have access to any of the data we make available under that account, including but not limited to, search history, job search preferences, saved jobs, jobs that you have applied to, job alerts, resume, and any other data associated with the account. You should note that we reserve the right to keep any materials in a closed account as necessary to preserve and protect our rights to the extent permitted by law (for example, to preserve records of a dispute) or to comply with our obligations under local law (for example, if requested to retain by law enforcement). A closed account does not mean that all of the data is expunged from our systems, although it will not be readily available under your original account. You should also realize that when you apply for a job through our Website or mobile application and you purge your account thereafter, the job application may still be accessible to us and the Employer who received it, as a record of a transaction that occurred on our Website, as well as any messages sent to or received from you. If you are a Job Seeker and want to delete a job application performed outside of our Website, please note that your applications and materials may be controlled by an Employer, and we may direct you to that Employer for Personal Data deletion requests where that Personal Data is held by that Employer.
8.4 Device and usage information
If you do not want us to see your device location, you can turn off location sharing on your device, change your device privacy settings, or decline to share location on your browser.
8.5 Cookies Settings
In some jurisdictions, we are required to obtain your consent for the use of cookies and other tracking technologies. In such a case, you have the option to reject the use of certain cookies. To find out more, read our Cookie Policy.
9. Your Privacy Rights
Privacy laws in various countries and regions of the world including, without limitation, Canada, the European Union, the United Kingdom, Brazil, the Province of Québec and the State of California, provide residents of these regions with certain rights with respect to their Personal Data. Talent.com is committed to complying with all applicable privacy laws and providing GDPR-type rights to all our users globally. You can make the following choices regarding your Personal Data:
9.1 Access to your Personal Data
You may request access to your personal information by contacting us at the address described below. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you. We will provide this information in a portable format, if required.
9.2 Changes to your Personal Data
We will take steps to ensure that your Personal Data is kept as accurate, complete and up-to-date as reasonably necessary. We will not routinely update your Personal Data, unless such a process is necessary. However, we rely on you to update and correct your Personal Data. Our Website allows you to modify or delete your account profile. If our Website does not permit you to update or correct certain information, you may contact us at the address described below in order to request that your information be modified. Note that we may keep historical information in our backup files as permitted by law.
9.3 Objections/restrictions to your Personal Data
You have the right to object to how Personal Data is processed in relation to public interest/official authority and our legitimate interests as well as direct marketing purposes – including profiling under both. You also have the right to request that processing of your Personal Data be restricted where its accuracy or lawfulness is contested.
9.4 Deletion of your Personal Data
Typically, we retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. Where certain grounds apply, the law authorizes you to make a request that your personal information be deleted and triggers our corresponding obligation to comply, unless exceptions apply. Note, however, that we may not always be able to comply with your request for erasure and in such circumstances, will notify our reasons to you.
9.5 Move, copy or export Personal Data
This is known as the Right to Portability. You have the right to request that your Personal Data be forwarded to a third party.
9.6 Provision and revocation of consent
You have the right to provide, decline consent to the use, disclosure, and processing of Personal Data. If you’ve already provided consent, you also have the right to revoke it. This will not impact the legality of use, disclosure, or processing prior to revocation. If you revoke your consent for the use, disclosure or processing of Personal Data, then we may no longer be able to provide you Services. In some cases, we may deny your request to revoke consent if the law permits or requires us to do so – such as when we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address described below. If applicable, you may have the right to request information about the use of any automated decision system and the impact they may have on you.
Please note that your rights are not absolute, meaning that in some circumstances, exceptions exist under applicable law. The law may provide exemptions from requests involving your Personal Data. For example, in order to provide our Services to you, deleting your Personal Data may prevent you from accessing or using such Services.
10. Complaints
We are committed to resolving valid complaints about your privacy and our collection or use of your Personal Data. To exercise any of your rights or for questions or complaints regarding our data use practices or this Privacy Policy, please contact us at data-privacy@talent.com. We will respond to any such requests in a timely manner as specified by applicable privacy laws. If we need more time to fulfill your request, we will let you know in advance. We will not exceed the legally specified time limit under any circumstance.
Note that, as required by law, we may require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name or other account information. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.
In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. We will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.
Should you remain unsatisfied with our response to your request or complaint, you have the right to contact your local data protection authority.
11. Children and Minors
Talent.com does not knowingly collect Personal Data from children under the age of fourteen (14), or, if located in the EEA, United Kingdom, or Switzerland, under the age of sixteen (16). If we learn that we have collected personal information from a child under the age of fourteen (14), or sixteen (16) and located in the EEA, United Kingdom, or Switzerland, we will delete such information as quickly as possible. If you believe that a child under the age of fourteen (14) or sixteen (16) and located in the EEA, United Kingdom, or Switzerland may have provided us personal information, please contact us at: data-privacy@talent.com.
12. Third Party Websites and Services
We have no control over the privacy practices of websites or applications that we do not own. We are not responsible for the practices employed by any websites and/or services linked to and/or from our Website, including the information and/or content contained therein. Please remember that when you use a link to go from our Website to another website and/or service, our Privacy Policy does not apply to such third-party websites and/or services. Your browsing and interaction on any third-party website and/or service, including those that have a link on our Website, are subject to such third-party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your Personal Data. If you are using a third-party website and/or service and you allow them to access your Personal Data, you do so at your own risk.
13. Modifications
Talent.com may modify this Privacy Policy at any time. If we do so, we will post the revised Privacy Policy and update the “Last Updated” date at the top. In case of material changes, we will also provide you with notice of the modifications, before the effective date, via email, messaging service or notification on our Website and/or ask you to explicitly accept the revised Privacy Policy before your next visit on our Website or mobile application. If you disagree with the revised Privacy Policy, you should not use our Services and you should cancel you account. Your continued use of our Services after the effective date of the proposed changes will constitute acceptance of the revised Privacy Policy.
14. Contacting Us
For questions or complaints regarding our use of your Personal Data or this Privacy Policy, please contact us as follows:
For our European users, you can contact, where appropriate, either our subsidiary in France or our subsidiary in the United Kingdom, by email to data-privacy@talent.com or by writing to the following addresses:
For EEA:
Talent.com France Sarl
118 rue Réaumur
75002 Paris, France
Attention: Privacy Officer
For UK:
Talent.com Jobs Limited
Cromwell House, 15 Andover Road
Winchester, United Kingdom, SO23 7BT
Attention: Privacy Officer
For all other users, please contact us by email at data-privacy@talent.com or by writing to the following address:
For the rest of the world (including Canada and the United States)
Talent.com Inc.
5800 St-Denis Street
Montreal, Québec, Canada, H2S 3L5
Attention: Privacy Officer
Cookie Policy
Last Updated: December 20, 2022 
ABOUT OUR COOKIE POLICY
This Cookie Policy describes how Talent.com Inc. (“Talent.com”, “we”, “our” or “us”) and our affiliates use cookies, web beacons, pixels, server logs and other similar technologies when you visit our websites, use our mobile applications (together, our "Website" or "Services) or visit other websites employing our cookies.
1. What are cookies, pixels, web beacons and other similar technologies?
A cookie is a small piece of data (text file) that your browser will store on your computer or mobile device, when you visit a website, in order to remember information about you.
A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Certain cookies will be used on the Website regardless of whether you are logged in to your account or not.
Cookies are either “session cookies” or “persistent cookies”. Session cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website. Persistent cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).
Cookies are either first-party cookies or third-party cookies. First-party cookies are placed on our Website by Talent.com. In general, these cookies allow Talent.com to remember your preference settings and perform other useful functions that provide a good user experience when you visit our Website.
Third-party cookies are set on our Website by a domain other than Talent.com. They are placed on our Website by our third party partners, for various purposes including to perform analytics, detect or prevent fraud or collect information about your activities on our Website and serve you better targeted advertising.
We may also use other forms of tracking technologies similar to a cookie, such as pixels, web beacons and clear gifs. A “pixel” or “pixel tag” is a small piece of code that can be embedded on websites and emails. They are used to learn how you interact with our web pages and emails. “Web beacons” or “clear gifs” help deliver cookies and gather usage and performance data. We and/or our third-party providers may employ web beacons to help us better manage content on our Website by informing us of what content is effective. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients.
We may also use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from.
In this Cookie Policy, we use the term “cookies” to include cookies, web beacons, pixels, server logs and other similar technologies.
2. How do we use Cookies
We use cookies for the following purposes:
Purpose Description
Your Preferences & User Experience We use cookies to gather certain information about users, such as browser type, server, language preference, and country setting, in order to store user preferences on our Website to make your user experience more consistent and convenient. For example, we may store the recent searches you have performed in a cookie so that we can allow you to easily repeat those searches when you return to our Website. In addition, we use cookies to maintain your logged in state when you visit our Website repeatedly.
Security and Performance We use cookies for security reasons, to prevent fraud and spamming and for compliance purposes, to ensure that we respond to your cookie preference settings. We also use cookies to ensure users receive a consistent user experience while we conduct A/B testing on certain aspects of our Website in order to improve our product offerings. We also use cookies to improve the performance and reliability of our Website.
Referral and Conversion Tracking We use cookies to measure the performance of job postings we publish as part of our Services. We use these tracking technologies on our Website and on third-party websites, including websites of our clients and partners. These cookies allow us to know what to charge our clients for the Services we render, based on the clicks to their job postings and what to pay our partners for the users they refer to our Website. We also use cookies and pixels to track when a user interested in a job posting applies to such job, on our clients' websites.
We do not share any personal information about our users with these partners or with our clients, unless we receive express consent from our users to do so. Also, our partners and clients agree not to use the information collected using our cookies for any purpose other than for measuring the performance of the job postings we publish.
Analytical Purposes We may use cookies to analyze user activity in order to improve the functionality and user experience of our Website. For example, we can use cookies to look at aggregate patterns like the average number of job searches that users perform. We can use such analysis to gain insights about how to improve the functionality and user experience of our Website.
Marketing We use cookies from third-party partners for measurement services, better targeting advertisements, and for marketing purposes. Our third-party advertising partners may use these technologies to identify your browsing interests over time and across different websites to deliver targeted advertisements and other content that has been customized for you.
We may also share information about your behavior on our Website with third parties in order to show you targeted advertisements and other content that has been customized for you. We also use cookies to determine which advertisements users have seen, how many times users have seen a particular advertisement, and on which sites a particular advertisement appeared.
3. What Cookies Do We Use
You will find in this table a list of cookies that we use on our Website. The list includes first-party cookies and third-party cookies. The list is not exhaustive and may be updated from time to time. For more information about the third party providers of these third-party cookies, please visit their websites for more information on their privacy practices.
4. Your Control over Our Use of Cookies
Depending on the applicable laws in the country from where you access our Website, we may need your consent in order to use certain cookies on the Website, which will be obtained through the use of a cookie consent manager on such Website. In such a case, you can activate or deactivate cookies we use on our Website, except for strictly necessary cookies, through the “Cookie Settings” presented by the cookie consent manager.
Other controls available to our users include:
– Browser and Device Specific Controls
Your browser may provide you the option of blocking cookies, such as third-party cookies. Some browsers also give you the ability to review and manage cookies individually. We encourage you to review your browser’s settings and documentation for additional information on any controls your browser may offer and how they work. Please note, if you delete from your device or browser any cookie Talent.com uses on our Website, but do not set your browser or device to block third-party cookies, we may install the same cookie during a later visit. Some third-party cookies are also integral to the services we provide on our Website. By blocking third-party cookies, you may not be able to take advantage of all of the features we offer.
– Targeted Advertising Opt-outs
You can also opt out of targeted advertising that we do through our third-party advertising partners, such as Google and Facebook, by visiting resources they provide (such as Google’s How Google Uses Information from Sites or Apps that Use Our Services), or by interacting with them through digital advertising self-regulatory initiatives available in the European Union (Your Online Choices), United States (Your Ad Choices), and Canada (Your Ad Choices). We may update this list from time to time as similar initiatives become available in other markets. We encourage you to visit all of these sites for additional information about each organization’s approach to targeted advertising, lists of participating companies, and the options available to web users. Please note, any third-party opt-outs may require use of a third-party cookie to reflect your choice and clearing third-party cookies from your browser or device may affect or remove your choice.
5. Modifications
Talent.com may modify this Cookie Policy at any time. If we do so, we will post the revised Cookie Policy and update the “Last Updated” date at the top. In case of material changes, we will also provide you with notice of the modifications, before the effective date, via email, messaging service or notification on our Website and/or ask you to explicitly accept the revised Cookie Policy before your next visit on our Website or mobile application. If you disagree with the revised Cookie Policy, you should not use our Services and you should cancel you account. Your continued use of our Services after the effective date of the proposed changes will constitute acceptance of the revised Cookie Policy.
6. Questions about our Cookie Policy
If you have any questions about this Cookie Policy, contact us at data-privacy@talent.com.