Last updated: August 11, 2021

These terms of use (“Terms”) are entered into with Comeet Technologies Inc. and its affiliates (“Comeet”, “we”, “our” or “us”) and you (“you”). These Terms supplement and are part of the Terms of Service of Comeet’s platform (the “Agreement”) made between the parties. References to “you” in these Terms include the legal entity on whose behalf you are acting (the “Organization”), and you represent that you have the authority to accept these Terms on the Organization’s behalf.

WHEREAS, you wish to instruct Comeet to activate a feature that allows you to transfer your data (including, personal data) to Third Parties (as defined below) engaged by you;

WHEREAS, Comeet agrees, subject to your acceptance to these Terms, to provide such feature to you (the “Programmatic Export feature”); and

NOW, THEREFORE, in consideration of the foregoing and these Terms, each Party hereto agrees that the Agreement is hereby supplemented as follows:

1. Applicability of these Terms

The Agreement and these specific Terms shall at all times govern and apply to the Programmatic Export feature, even if you have executed or signed another agreement with Comeet, which limits the applicability of these Terms to you through an “Entire Agreement” or similar clause. To the extent of any conflict or inconsistency between the Agreement and these Terms, these Terms shall prevail.

2. Third Party Recipients

By accepting these Terms and in any event by using the Programmatic Export feature, you request and instruct Comeet to activate the Programmatic Export feature on Comeet's platform, so that the Organization (and the Organization's users) will be able to transfer and/or export Content (as defined below) from Comeet's platform in a non-encrypted format to third parties (that are not owned or controlled by Comeet) engaged by you (“Third Parties”). For the avoidance of doubt, these Third Parties are not Comeet’s sub-processors, vendors or service providers. We have no control over such Third Parties and, therefore, Comeet does not assume any responsibility or liability for the Content shared with, and the policies of, such Third Parties, their privacy and data-processing practices, their security practices, their availability commitments and/or for any other act or omission of any Third Party. If you use the Programmatic Export to transfer any Content to Third Parties, you do so at your own risk. Accordingly, we encourage you to be cautious and to read the terms and conditions and privacy policy of each Third Party before activating the Programmatic Export feature. If you have any query or complaint regarding a Third Party, you shall contact the Third Party directly. You assume sole and exclusive responsibility to carry out such actions and compliance checks as you deem appropriate. Comeet shall have no responsibility or liability, regarding your reliance upon, or use of, or transfer of the Content, the actions or omissions you take (or refrain from taking) in connection with any of the foregoing, or any consequences resulting therefrom. For purposes of these Terms, "Content" means any information, text, data, personal data, messages, sensitive and/or confidential information of your candidates and positions (including, without limitation, salaries and discreet positions) and any other materials uploaded, posted, displayed or otherwise transmitted via the Programmatic Export feature.

3. Your Representations

While using the Programmatic Export feature, you (and anyone acting on your behalf) shall represent, warrant and covenant that: (i) your use the Programmatic Export feature (including, the Content that you decide to share via the Programmatic Export feature) shall be only (a) in a lawful manner and in compliance with any and all applicable laws, including, without limitation, privacy laws; (b) in accordance with these Terms and the Agreement; (c) in a manner that does not infringe, misappropriate or otherwise violate any of Comeet’s rights or those of any other person or entity; and (d) in a manner consistent with Comeet’s policies; (ii) you are solely responsible and liable to comply with your own obligations under privacy laws, including, without limitation, transparency requirements, to have a legal basis, legal ground and/or authorization of the data subjects to collect their data and to instruct Comeet to share such data with Third Parties and/or to execute the relevant data-agreements with such Third Parties (when required to you under applicable privacy laws) and (iii) you shall only share with Comeet correct and accurate details of the credentials of Third Parties. You are solely responsible and liable to ensure that any Third Party network, operating system, servers, databases, and computer systems for which you instruct Comeet to transfer Content (through the Programmatic Export) is properly configured to secure such Content.

4. Term and Termination

These Terms shall commence upon your acceptance of these Terms and shall terminate with/upon the earlier of (i) the expiration or termination of the Agreement (subject to the relevant terms thereof) or (ii) five (5) business days after you receive the confirmation of a Comeet representative with respect to your notification sent to by you expressing your decision to deactivate the Programmatic Export feature. Notwithstanding anything to the contrary, this section and the following provisions of these Terms shall survive 1, 2 and 3.

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