Terms


Terms of Service

These terms and conditions, together with the Wisestep Privacy Policy and the Wisestep Data Processing Addendum, which is incorporated herein by this reference, (together, these “Terms” or this “Agreement”), are a binding legal contract between Wisestep Inc its affiliates, licensors, and subsidiaries (collectively, “Wisestep”), and the individual or legal entity (including employees and agents who access or use Services on behalf of the legal entity (“Authorized Users”)) who directly or indirectly accesses, uses, or purchases the Services (as defined herein) (collectively, “You” or “Your”).

By agreeing to these Terms, or by accessing, using or purchasing the Services, You represent that You have the authority to enter into and agree to these Terms. If You do so on behalf of a legal entity, You represent and warrant that You have the authority to accept these Terms on behalf of that legal entity. Your continued access to, use or purchase of, the Services following modification to the Services or these Terms constitutes Your agreement to be bound by these Terms, as modified. If You do not agree to be bound by these Terms, You may not access or use the Services.

Wisestep reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent.

Definitions

“Services” means the Software and services provisioned by Wisestep to you Pursuant to the agreement

“User Data” refers to any material or Data entered by you, your employees or contractors or any third parties acting on your behalf including Job Applicants

“Professional Services” means services provided by Wisestep other than the software to enable or optimise your use of the software which may include but is not limited to data migration, ongoing support, custom development and personalised training.

“Software: means Wisestep’s proprietary recruiting, onboarding SaaS products which shall be accessed by you via the internet and includes any updates made generally available

1 Services

1.1 These Terms govern all of Wisestep’s offerings and features, Wisestep websites (“the “Websites”), and any components that support the functionality of the offerings, features or Websites, (together, the “Services”) including all Documentation. “Documentation” means all current product information that exists in customer and partner portals, the customer support knowledgebase and any FAQs, an invoice, order form (each, an “Order”), or other similar document, and all other collateral provided by Wisestep from time to time. These Terms apply to all agreements reflected in an Order executed by You and Wisestep setting out the purchase of certain Services. To the extent the terms of an Order conflict with these Terms, the Order will control if it expressly modifies these Terms.

1.2 To use certain Services, You must create an account, and provide accurate contact and other information that is protected by your chosen username and password (Your “Account”). After You create an Account, the Services may permit You to upload, download, and access content and materials which You have a legal right to copy, publish, share, store or otherwise use (collectively, “User Data”). The Services may permit You to share Your User Data with other users of the Services.

1.3 License for Use of Services.

Subject to these Terms Wisestep grants You a limited, non-exclusive, non-transferable, worldwide, revocable, non-sublicensable, license to access and use the Websites and Services solely for your personal or internal business use, or such other purposes or in such territories as may be specifically described on the applicable Order. The Services shall not be used by You for, or on behalf of, third-parties that are not authorized under these Terms. You consent to Wisestep’s ability to access, copy and store Your User Data. You shall use Your best efforts to ensure that the Authorized Users use the Services in accordance with these Terms.

1.4. Subscription and other Paid Services.

As and when Wisestep offers paid or subscription services and if You purchase software-as-a-service or other services from Wisestep, Following acceptance of an applicable Order, Wisestep will provide You with access to software that supports the functionality of the Services. You acknowledge that Your right to use the Services will be web-based only and no software will be installed on any servers or other computer equipment owned or controlled by You.

1.5 Free Services

Subject to these Terms, Wisestep grants You a non-exclusive, non-transferable, non-sublicensable, license to access and use the Services solely for the purposes described on the applicable Order.

1.6. Beta Services.

Wisestep may designate certain enhancements or new features of the Services as “Beta Services.” It is Your choice to use any Beta Services that Wisestep may make available. Beta Services are experimental in nature, have not been fully tested, are provided on an “as-is” basis, without warranty of any kind and may be discontinued at any time without notice.

1.7. Third-Party Services.

The Services may be available through, or in connection with, third-party service providers. When You use such third-party services in connection with the Services, the third party’s applicable terms of use and privacy policies will apply, and not these Terms, to Your use of such third-party services.

1.8 . Your User Data and Applicant User Data.

Certain Services may permit (i) You to upload Your User Data (ii) You upload data of Applicants (“Applicant User Data” that applied to you directly outside of Wisestep Services and (ii) job applicants to upload resumes and other personally identifiable information that will be made available to You (“Applicant User Data”). Wisestep will take commercially reasonable measures to protect Your User Data and to share it only with other users of the Services as You may direct. Wisestep will make available to You Applicant User Data provided to Wisestep by Applicants or third-party services authorized by Applicants to disclose Applicant User Data.

2. Fees, Payment Terms, Renewal and Cancellation

Wisestep will charge you Fees for Paid or Subscription Services. These services will be clearly marked as Paid or Premium

2.1  To obtain Services from Wisestep, You may be required to execute an Order, or other similar document or online registration form, which incorporates these Terms by reference. By purchasing the Services, You authorize Wisestep or an authorized partner of Wisestep to invoice You or charge Your credit card.

2.2  You shall pay to Wisestep the subscription fee in the amount and for the duration that You have entered and agreed to pursuant to the Order (the “Subscription Fee”). All subscription periods shall be thirty days (30 Days) unless expressly stated otherwise in an Order (the “Subscription Period”). The Subscription Fee for all Subscription Periods shall be paid to Wisestep (or its agent) by the first day of the Subscription Period. You shall provide a valid credit card, ACH payment system information, bank account information authorized for automatic bill paying, or other acceptable method of payment to Wisestep and shall take all necessary steps to authorize automatic payment of the Subscription Fee. By agreeing to these terms, You hereby authorize Wisestep to automatically charge said method of payment for all Subscription Periods. You agree to pay all Subscription Fees in connection with the Services as stated on the Order, or, if not stated, within 30 days of receipt of an invoice from Wisestep. All Wisestep purchases are final and nonrefundable. Any additional payment terms between You and Wisestep must be agreed to in writing and set forth in an Order, invoice, billing agreement, or other written document.

2.3 Each Subscription Period will automatically renew at its completion, unless You elect to non-renew by delivering written notice of such election no later than 30 days prior to the end of Your then-current Subscription Period. Renewals will be for the same term as the then expiring Subscription Period, other than as expressly provided in the applicable Order. Failure to provide such notice will result in you being automatically charged for the next subscription period. The fees for each renewal period will be at Wisestep’s then-List Price (as defined below), which may be different than the fees paid for or any prior term; provided, however that annual price increases on List Price will not increase by more than 5%. The “List Price” shall be the standard Wisestep pricing for its Services, which is made publicly available on its Website.

2.4 You are responsible for, and Wisestep may perform at any time, an audit to true-up Your usage of the Services compared to any applicable limitations set forth on an Order. You agree that any fees for Your usage in excess of the applicable limitations set forth on an Order will be automatically added to Your Account, and You agree to pay all such overages. Incomplete or incorrect Account information, or failure to pay fees when due, will result in deactivation of Your Account, the cancellation of Your subscription and deletion of Your User Data.

2.5 Taxes:  All fees are exclusive of any sales, value-added, foreign withholding or other government taxes, duties, fees, excises, levies, or tariffs imposed on the production, storage, licensing, sale, transportation, import, export or use of the Services or performance of any services (collectively, “Taxes”). You shall be responsible for payment of all such Taxes excluding only Taxes based solely on Wisestep’s income. If Wisestep has the legal obligation to pay or collect Taxes for which You are responsible, the appropriate amount shall be invoiced to and paid by You unless You provides Wisestep with a valid tax exemption certificate authorized by the appropriate taxing authority.

3 Responsibilities

3.1 Wisestep Responsibilities

Wisestep will make the Software available in accordance with applicable laws and government regulations. Wisestep will perform any Professional Services provisioned under the Agreement in a professional and workmanlike manner consistent with industry standards. Wisestep will maintain appropriate administrative, technical and physical safeguards to protect the security, confidentiality and integrity of your Data.

3.2 Your Responsibilities

You will (i) be responsible for your and your Affiliates and personnel’s compliance with this Agreement, (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the Software, and notify Wisestep immediately of any such unauthorized access and/or use of which Licensee becomes aware, and (iii) use the Software only in accordance with this Agreement and all applicable laws and government regulations. Your will not (t) make the Software available to any third party (except for any third parties acting on behalf of you or at your request), (u) sell, resell, rent or lease the Software, (v) knowingly use the Software to store or transmit material that infringes the intellectual property rights or other proprietary rights of any third party or violates third-party privacy rights, (x) knowingly use the Software to transmit malicious code, (y) attempt to gain unauthorized access on the Software or its related systems or networks, or (z) interfere with or disrupt the integrity or performance of the Software or any third-party data contained therein

4. Conduct

4.1 Compliance.

4.1.1 You are solely responsible for ensuring that You are in compliance with all obligations related to Your use of the Services. Your responsibilities under these Terms shall not be mitigated, diminished or transferred to Wisestep if, in the context of providing the Services, Wisestep assists with the use of Your computing systems.

4.1.2     You agree to provide Wisestep with accurate and complete Account information. You agree to keep Your password and Your Account details secret, and not to share them with anyone else and to provide for appropriate safeguards to protect the confidentiality of Your Account information and access credentials. If Your Account information changes, You must update Your Account details promptly.

If You purchase the Services through a legal entity such as Your business, or through an authorized partner, other users may have been designated to access, control, and manage Your Account and Your User Data. In no event will Wisestep be liable for any loss of User Data or other claims to the extent such loss or claims are caused by Your noncompliance with these Terms, or any unauthorized access to Your Account caused by actions or inactions outside of Wisestep’s control.

4.1.3   You represent and warrant that (i) You either own or otherwise possess, and have obtained, all rights, approvals, licenses, consents and permissions as are necessary to perform Your obligations hereunder, exercise Your rights hereunder and to grant the licenses granted by You under this Agreement, (ii) the User Data and Your use through the Services, as enabled by You, directly or indirectly, does not, and shall not, infringe, violate or misappropriate any third party’s rights, (iii) You shall comply with all applicable laws, regulations and industry standards, including any data protection, privacy and security laws, (iv) You will give all required notices and appropriate disclosures to all data subjects regarding Your (and any third parties acting on your behalf, such as Wisestep) use, processing and transfer of any personal data (as defined under applicable law), and (v) You will obtain all necessary rights and valid consents from the data subjects to permit use, processing and transfer of personal data by Wisestep for the purposes of its fulfilling its obligations under this Agreement or as may be required by applicable law (including any opt-in consents required under European data protection law).

4.1.4   You agree that, with respect to certain functionality included in the Services that allows You to formulate questions to applicants accessing the Services, You are responsible for all such content or use of those questions or the applicant responses and Wisestep disclaims all liability therefor. Further, to the extent permitted by applicable law, You agree that Wisestep may collect data in an automated manner and make automated decisions, including using machine learning algorithms, about individual users of the Services in order to provide or optimize the Wisestep Services offered and/or delivered, for security or analytics purposes, and for any other lawful purpose; provided, that, You are responsible for obtaining all consents required to allow for such automated decision making.

4.1.5     You must notify  datarivacy@wisestepmail.com  immediately if You believe there has been unauthorized access to Your Account. Wisestep will notify You in the event You or your User Data have been impacted by a data breach.

4.2 Acceptable Use.

Wisestep may, immediately cancel Your subscription, disable Your Account and cease providing the Services to You, if You or any Authorized User (or you allow any third party to): (a) harm, disrupt, or otherwise engage in activity that diminishes Wisestep’s brand, Services, computer systems, hardware, or network, (b) misrepresent Your identity, impersonate any person or attempt to gain access to or illegally track any account, computers, or networks related to the Services, without authorization, (c) manipulate a Service in any manner not specified by Wisestep, (d) interfere with any then-current Wisestep policy with respect to appropriate use of the Services, as determined by Wisestep, (e) store, back up, or distribute any illegal or unauthorized files or data, or material protected by intellectual property rights of a third party, unless You own or have appropriate rights to such material, (f) store, back up, or distribute material that contains viruses, Trojan horses, worms, corrupted files, or any material that may damage the operation of the Services or another person’s device, hardware, data, or property, (g) engage in conduct that would otherwise give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation, (h) directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of, frame, mirror, republish, reverse compile, disassemble, download, transmit or distribute, in any form or media or by any means, the Services, (i) merge the Services with other products, software or services, (j) alter or modify any disabling mechanism, (k) willfully render any part of the Services unusable, (l) assign, rent, loan, or otherwise transfer the Services, (m) remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) received in the provision of the Services, or (n) breach any material provision of these Terms.

4.3. License to User Data.

In general, as between You and Wisestep, You own Your User Data. However, to provide the Services, Wisestep must make copies of User Data to store and transmit User Data at Your direction. For such usage in connection with the Services, You grant Wisestep a non-exclusive, perpetual, worldwide, royalty-free, freely-transferable right to copy, cache, publish, display, perform, distribute, translate and store User Data, and to allow others to do so as Wisestep’s agents solely for the purpose of providing Services and any other activities expressly agreed to by You.

5. Confidentiality

5.1  Nondisclosure Obligations.

“Confidential Information” means any software, inventions, know-how, business plans, product designs, technical and financial information exchanged under this Agreement, that is identified as confidential at the time of disclosure or should reasonably be considered confidential based on the circumstances surrounding the disclosure or the nature of the information disclosed. Each party (as the receiving party) must: (i) hold in confidence and not disclose the other party’s Confidential Information to third parties except as permitted by this Agreement; and (ii) use the other party’s Confidential Information only to fulfill its obligations and exercise its rights under this Agreement. Each party may share the other party’s Confidential Information with its employees, agents or contractors having a legitimate need to know (which, for Wisestep, may include subcontractors.), provided that such party remains responsible for any recipient’s compliance with the terms of this Section 4.1. These confidentiality obligations do not apply to (and Confidential Information does not include) information that: (i) is or becomes public knowledge through no fault of the receiving party; (ii) was known by the receiving party prior to receipt of the Confidential Information; (iii) is rightfully obtained by the receiving party from a third party without breach of any known confidentiality obligation; or (iv) is independently developed by the receiving party without using or accessing the disclosing party’s Confidential Information. A party may also disclose the other party’s Confidential Information to the extent required by law or court order, provided it gives advance notice (if permitted by law) and cooperates in any effort by the other party (at the other party’s expense) to obtain confidential treatment for the information. The parties acknowledge that unauthorized disclosure or use of Confidential Information may cause substantial harm for which damages alone may be an insufficient remedy, and so upon breach of this Section, each party is entitled to seek appropriate equitable relief in addition to any other remedies it may have at law.

5.2 Compelled Disclosure

Wisestep may disclose information about you if compelled by law to do so. We will give you prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance if you wish to contest the disclosure.

5.3 Use of Aggregate Data.

To the extent permitted by applicable law, You grant Wisestep the right to (i) use, process, transfer, and store any User Data, Applicant User Data, user statistics and quantitative data in an anonymous (or pseudonymous) and aggregated manner, and (ii) combine User Data, Applicant Data, user statistics and quantitative data with other information, collected online and offline by Wisestep, including information from third party sources. Further, You grant Wisestep the right to collect, use, share and store anonymized (or pseudonymized) aggregated data collected through the Services for benchmarking, analytics, A/B testing, metrics, research, reporting, machine learning and other business purposes, including The foregoing grants shall include the right to collect, use and disclose quantitative data derived from the use of the Services for industry analysis, benchmarking, analytics, marketing, and any other lawful purposes  All anonymous (or pseudonymous) information collected, used, and disclosed will not identify You.

6. Intellectual Property Rights

6.1   Wisestep and its licensors own and reserve all right, title, and interest in and to all of the Services and any components that support the functionality of the Services, Websites and any Documentation, and all copies thereof and all proprietary rights therein, including, but not limited to, copyrights, patents, trademarks, logos, domain names, and other brand features of Wisestep.

6.2 As between Wisestep and You, all rights, title, and interest in and to all intellectual property rights in the Services and Wisestep platform (including any software codes, sequences, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, or other related materials, and all derivatives, modifications and enhancements thereof) are and shall be owned exclusively by Wisestep notwithstanding any other provision in this Agreement or Order Form. Except with respect to the right to use the Services as expressly provided herein, this Agreement does not grant to You any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Services or the Wisestep platform. The Wisestep name, logo and product names associated with the Services and Wisestep platform are trademarks of Wisestep, and no right or license is granted to use them. All rights not expressly granted to You hereunder are reserved by Wisestep. Wisestep alone shall own all rights, title and interest in and to any suggestions, enhancement requests, feedback, recommendations or other information provided by You or any third party relating thereto, and You hereby assign any rights or title to any feedback or information you may provide to Wisestep.

7. Termination

7.1 In case of paid or subscription services, This Agreement takes effect on the date You first sign an Order Form incorporating these terms and will remain in effect until all applicable Order Forms have expired or been terminated. In case of Free Services, this agreement takes effect on the date you open your account and remains in effect till either you request for termination of your account or Wisestep Terminates your account

7.2 If either You or Wisestep commits a material breach or default in the performance of any of its obligations under the Agreement, then the other Party may terminate the Agreement, provided that the terminating Party gives the breaching or defaulting Party written notice of termination specifying the underlying breach or default within thirty (30) days of discovery of such breach or default, and such breach or default remains uncured thirty (30) days after the breaching or defaulting Party receives the notice.

Upon expiration or termination of this Agreement for any reason, Wisestep shall provide an export file of all Your Data stored in the Wisestep Account (in a reasonably usable digital format) to You, if You request this within thirty (30) business days of such expiration or termination, Wisestep will charge a fee for this service

8. Representations, Warranties and Limitation of Liability

8.1     Wisestep warrants that, subject to the terms hereof, the Services shall perform in all material respects in accordance with the applicable specifications in the Documentation. If the Services do not meet the foregoing warranty, Wisestep will (at its option), as Your sole and exclusive remedy, (a) repair, replace (in the case of Software) or modify the Services so that they comply with the foregoing warranty or (b) in the event that none of the foregoing are deemed by Wisestep to be reasonably practicable, terminate the applicable license grant and, within thirty (30) calendar days of the termination, provide a pro rata refund of all prepaid unused Fees for the Services.

8.2       THE SERVICES MAY ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. WISESTEP DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (A) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA OR COMPONENTS, OR (B) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR USER DATA, WEBSITES, DEVICES AND NETWORKS. WISESTEP IS NOT RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE INTEGRITY OF YOUR ACCOUNT, YOUR USER DATA, AND DEVICES. WISESTEP DOES NOT WARRANT THAT: (A) THE SERVICES WILL RUN PROPERLY ON ALL HARDWARE OR IT ENVIRONMENTS, (B) THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THOSE OF YOUR USERS OR WILL OPERATE IN COMBINATIONS THAT MAY BE SELECTED FOR USE BY YOU OR YOUR USERS, (C) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (D) DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (E) SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WISESTEP WILL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF WISESTEP’S OBLIGATIONS UNDER THESE TERMS. EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE SERVICES AND THIRD-PARTY COMPONENTS ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. WISESTEP DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND THIRD-PARTY COMPONENTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND ANY WARRANTIES REGARDING THE SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WISESTEP BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA, LOSS OF USER DATA, LOSS OF USE, LOST REVENUE, BUSINESS INTERRUPTION OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE).

IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF WISESTEP FOR ALL DAMAGES OF EVERY KIND AND TYPE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE LESSER OF: (A) THE FEES PAID BY YOU TO WISESTEP IN THE 12 CALENDAR MONTHS IMMEDIATELY PRIOR TO THE DATE OF THE APPLICABLE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). IF THE SERVICES ARE PROVIDED TO YOU WITHOUT CHARGE, THEN WISESTEP WILL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. SUCH LIMITATIONS OF LIABILITY ARE AN ESSENTIAL PART OF THESE TERMS AND WISESTEP’S AGREEMENT TO PROVIDE YOU THE SERVICES, AND AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE FOREGOING TERMS MAY NOT APPLY TO YOU.

9. Indemnification

9.1 Your Indemnification.

You shall indemnify and hold harmless Wisestep, and its officers, directors, employees, agents, shareholders, affiliates, subsidiaries, suppliers, and licensors, from and against any and all damages, fines, penalties, assessments, liabilities, losses, costs, and expenses (including, but not limited to, attorneys’ fees, expert fees, and out-of-pocket expenses) in connection with Your use of the Services, Your violation of these Terms, any violation of the rights of any other person or entity by You, including, but not limited to, any intellectual property rights, failure to take adequate privacy and security safeguards to protect User Data or access credentials, any misuse or fraudulent use of credit cards, any claims that the Services or any part thereof were used or exported or otherwise shipped or transported by You in violation of applicable laws, rules, and regulations, including, but not limited to, any claim that Your User Data is illegal. You agree not to settle or resolve any such claim in a manner that imposes any fault, liability or obligation on Wisestep without the advance written approval of Wisestep.

9.2  Wisestep Indemnification.

Subject to this Agreement,, if Wisestep reasonably believes that Your use of Services is likely to be enjoined by reason of any Claims, then Wisestep may, at its expense and in its sole discretion: (i) procure for You the right to continue using the Services; (ii) replace the same with other products of substantially equivalent functions and efficiency that are not subject to any known Claims of infringement; or (iii) modify the Services so that there is no longer any infringement, provided that such modification does not materially and adversely affect the functional capabilities of the Services as set out herein or in the applicable Order. If (i), (ii), and (iii) above are not available on commercially reasonable terms in Wisestep’s judgment, Wisestep may terminate the affected Services and refund to You the Subscription Fees paid by You covering the remaining portion of the applicable Subscription Period for the affected Services after the date of termination. The foregoing indemnification obligation of Wisestep shall not apply: (1) if the Services are modified by any party other than Wisestep, but solely to the extent the alleged infringement is related to such modification; (2) the Services are combined with other non-Wisestep products, applications, or processes not authorized in writing by Wisestep, but solely to the extent the alleged infringement is related to such combination; (3) to the extent the Claim arises in connection with any unauthorized use of the Services, or use that is not in compliance with all applicable laws; (4) to any third party products, processes or materials that are not provided by Wisestep; or (5) to any Claims arising as a result of the content of the User Data. THIS SECTION SETS FORTH WiSESTEP’S SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT.

9.3 Each Party’s indemnity obligations are subject to the following: (i) the indemnified Party will promptly notify the indemnifying Party in writing of the applicable claim; (ii) the indemnifying Party will have sole control of the defense and all related settlement negotiations with respect to the claim (provided that the indemnifying Party may not settle or defend any claim unless it unconditionally releases the indemnified Party of all liability); and (iii) the indemnified Party will reasonably cooperate to the extent necessary for the defense of such claim.

10 General

10.1 Government Use.

The Services constitute Commercial Off the Shelf (“COTS”) items as that term is defined in the U.S. Government Federal Acquisition Regulations (“FAR”). Government use rights are limited to those minimum rights required by the appropriate provisions of the FAR.

10.2    You may not export or transmit the Services, or any technical data relating thereto, or any part thereof, directly or indirectly, to any country for which the United States requires an export license or other governmental approval. In particular, the Services or any part thereof, may not be exported, transmitted, or re-exported to, or otherwise used in, any U.S.-embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons or Entity Lists. By subscribing to the Services, You represent and warrant that You are not located in any such country or on any such list. Wisestep may utilize third-party cloud storage providers, in which case the terms and conditions of such third-party cloud storage providers shall apply.

10.3      You are solely responsible for compliance related to the manner in which You choose to use the Services, including Your transfer and processing of Your User Data and the region in which any of the foregoing occur. If you access or use the Services from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

10.4 Data Privacy.

The terms and conditions of Wisestep’s Privacy Policy and the Wisestep Data Processing Addendum as such policy and addendum may be revised and updated by Wisestep from time to time, are incorporated by reference into this Agreement. By your acceptance of these Terms or access or use of the Services, You authorize the collection, use and disclosure of information collected by Wisestep for the purposes provided for in these Terms in accordance with the Privacy Policy and Wisestep Data Processing Addendum as revised from time to time. You represent and warrant to Wisestep that You comply with all applicable Data Protection Laws and Regulations (as such term is defined in the Wisestep Data Processing Addendum) and that Processing by Wisestep, on your behalf and pursuant to your use of the Services, of all Customer Data you provide to Wisestep directly or through use of the Services, is not prohibited by any Data Protection Laws and Regulations. You agree to fully indemnify Wisestep, its successors and assigns, for any claims, allegations, costs, losses, damages (direct or indirect) including attorneys’ fees, relating to any alleged breach of the foregoing representation and warranty. You are responsible for your Customer Data, including personal data. You shall only share Customer Data with Wisestep that You have the right to share, and only in the manner and to the extent consistent with such right.

10.5  Governing Law.

These Terms shall be governed, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts without reference to conflicts of law principles. The parties agree that the exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with these Terms, shall be in the state or federal courts, as applicable and located in Somerset County New Jersey.

10.6 Miscellaneous.

These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal, or unenforceable in any respect, the validity, legality, and enforcement of the remaining provisions shall not be affected or impaired. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered a waiver of any subsequent default or breach. Wisestep may freely assign or delegate all rights and obligations under these Terms, fully or partially, with or without notice to You. Wisestep may also substitute, by way of novation, any third party that assumes its rights and obligations under these Terms. You may not assign or delegate any rights or obligations under these Terms without the prior written consent of Wisestep; provided, however, that You may assign this Agreement in its entirety (including all Orders), without consent of Wisestep, to Your affiliates (if applicable) or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Your assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.  If You or Wisestep cannot perform its obligations under these Terms because of any act of God, accident, strike, court order, fire, riot, war, failure of third-party equipment or any other cause not within the affected party’s reasonable control and that could not be avoided through the exercise of reasonable care and diligence (a “Force Majeure Event”), then the non-performing party will, if possible and reasonable: (a) promptly notify the other party, (b) take reasonable steps to resume performance as soon as possible, and (c) not be considered in breach during the duration of the Force Majeure Event. If a Force Majeure Event continues for five consecutive calendar days, Wisestep may terminate Your access, use or subscription to the Services and these Terms by providing electronic notice to You. If You purchase the Services from outside the United States, please refer to Wisestep’s Privacy.

 

By agreeing to these Terms, You agree that we may provide to you required notices, agreements and other information concerning the Services electronically.

For questions or other notices regarding these Terms, please email: legal @ wisestepmail.com

Wisestep Inc.
100 Franklin Square Drive,
Somerset, NJ 08873


Privacy Policy


Scope of this Privacy Policy

This privacy policy applies to information we collect or use on sites and applications owned or controlled by Wisestep or its affiliated companies ("Wisestep ").

At Wisestep, we care about how your information is stored and shared. Being a platform that connects members amongst themselves and with employers, Wisestep requires some of your information to help you find, post and share opportunities from your professional life. This information is used to improve our Web Content and the quality of our Services. Read this Privacy Policy to know more of what information we collect, why we collect them and how you can control what you share.

What we collect From Registered Members, Job Seekers, Recruiters, Employers and Website Visitors Generally

We collect information about you when you use Wisestep’s platform and services. We collect information directly from you such as your contact information, resume, and profile information depending on the type of user you register as. We also collect information about you automatically such as how you use and interact with Wisestep, your demographic information, and information about your computer or mobile device.

We may also acquire information about you from third parties to further personalize and enhance your experience.

While registering as an Employer Wisestep requires you to provide your Name, official Email Address, Country, Industry, Address, Phone number and a Password for your Wisestep Account. Wisestep requires that employers keep their Passwords confidential; disclosure of your Account Information to others might lead to information theft and impersonation.

Registered users who are Employers can create Employer Profile Pages and update it with their open positions. This can then be shared within the within the Wisestep network and among your friends, contacts and professional network including but not limited to email and social media. Wisestep lets each employer choose what they want to share.

Users who register as Job Applicants are required to provide their Name, Email address, Phone number, CV, Professional History, your preferences for a new job and answer any questions that might have been asked by the employer. Without these employers may not be able to process your application successfully.

Users who register as Recruiters to help employers find candidates for their jobs are required to provide Name, official Email Address, Country, Industry, Address, Phone number and a Password for their Wisestep Account. They also understand that they are submitting information about Candidates on the behalf of the Candidate to the Employer and the Employer will process the information.

Recruiters and Employers may also store information about Candidates they get in touch with or consider suitable for job opportunities that may arise in their organisations or customers’ organisations. They may also record information about their conversations with Candidates and make it available for sharing within their organizations.

All registered users whether employers, Job Applicants, Candidates, Recruiters or any other category are required to accept a Data Controller and Processor Agreement. This agreement states that Wisestep is merely a processor of Information provided to it by different users and registered users alone are the Data Controllers. More details on the Data Processing and Controlling Agreement is available here

Job Applications and Applicant Information

Members can respond to open Job Postings and Careers Opportunities available on Wisestep or through employer websites and send in Job Applications. To facilitate the Hiring Process, the Job Applications and accompanying Information will be available to the Recruiter, Employer who posted the Job. They might contact members directly using the Contact Information you provide or through Wisestep website and keep your details on their Record for future hiring. If the Member applying for the Job permits, their application and contact details will also be shared with other Employers registered on Wisestep Website.

Successful Job applicants might be required to provide additional information like proof of ID, Work Authorisation documents, proof of past employments, contact details of any references and any other information as may be requested by the employers to conduct pre-employment checks, background verifications, security checks or any other verification processes as may be needed to complete their obligations. Recruiters who help place you with these employers may collect this information on the behalf of the employer from you.

If you’ve applied to jobs posted by recruiter members, they may contact you based on your preferences and suitability for future job opportunities that match you preferences.

Wisestep may require you to provide additional verification details as its continuous process of strengthening security.

Examples of How We Use Members’ Information

We use the information we collect about members, candidates and employers to deliver the products and services we offer, respond to members, candidates and employers and operate and improve our platform and applications. Our services include but are not limited to showing you personalized content and advertising on Wisestep or other sites with which we have a business relationship. We may use your information to contact you about Wisestep updates, conduct surveys, or to provide informational and service-related communications, including important security updates.

Information you share in public areas of Wisestep’s platform or which you may decide to share on or through our platform in the resume and profile database may be accessed, used, and stored by others around the world. We cannot and do not accept any responsibility or liability for third party use of your data accessed via visibly shared data.

We strive to provide a safe environment by attempting to limit access to our platform to legitimate users, but we cannot guarantee that unauthorized parties will not gain access. We also cannot control how authorized users store or transfer information you give to us, so you should not post sensitive information to Wisestep’s platform or any of our partner sites.

Use of Information

We use the information we collect to provide our services, respond to you, operate and improve our sites and applications, and foster a positive user experience.

We use information with your consent as described at the time we collect that consent. This includes account creation and resume upload.

We use personal data for our legitimate interests, namely:

  • To operate Wisestep’s services;
  • To contact and communicate with you when you contact us;
  • To analyze, improve and optimize Wisestep’s services; and
  • To protect Wisestep’s Services and the rights of users and others
  • To enforce terms of Wisestep’s services and prevent fraud and abuse of Wisestep’s systems

By registering with Wisestep’s, by managing your profile, by publicly posting information, or by opting in when presented with choices, you have consented for us to use your information in the following ways:

To provide you with our services, which includes

  • To create a Wisestep account for you, including any information, resume or CV you create or upload
  • To enable you to search for or advertise for jobs and share them with others
  • To enable you as a Candidate to apply for jobs and as a recruiter or employer to store candidate information for your jobs and receive Candidate applications
  • To provide products and services to employer and recruiter customers to complete the recruitment and hiring process;
  • If you are in the US, to add information gathered from public websites to your profile;
  • To help potential employers find your resume and contact you;
  • To purchase services from our site and platform;
  • To enable you to contact us and for us to respond to you;
  • To display targeted recruitment messages from employers;
  • To contact you with service-related communications and security updates
  • To provide information about you and your interest in job postings to employers;

For Marketing

  • To provide personalized, targeted, or location-based content, services, and advertising from us and third parties;
  • To send you services such as job alerts or other marketing communications you have opted in to receive;
  • To inform you of other products or services available from Wisestep or its affiliates or partners;
  • To conduct surveys, promotions and contests, and to publish the results thereof;
  • To improve our services
  • To give search engines access to public information;
  • To conduct analytics and generate internal reports about the use of our sites and applications;
  • To track which jobs you search for, view, and apply to

Legal

  • We may need to process certain personal data as part of our legal obligations, for example, to ensure our practices are in line with our diversity programmes and/or
  • To comply with the law in certain jurisdictions; and/or
  • To fulfil contractual obligations with Members and vendors, for example, in relation to the enforcement of intellectual property rights.
  • For security and fraud prevention
  • To detect, investigate and prevent activities that may breach our policies or be unlawful; and
  • To make suggestions and draw inferences about you. For example, we may make suggestions about people you may know or additional jobs, products or services that might be of interest to you.
  • Some of our products and services, such as our resume, CV and profile database and social media search, enable third parties to see your personal information and to contact you.

We gather certain information automatically when you visit our site or use our mobile applications. This information includes:

  • Your activity on Wisestep, including the jobs you search for, view, and apply to or the jobs you are recruiting for
  • Your internet protocol (IP) address and internet service provider (ISP)
  • Your browser type and device ID
  • The files viewed on our site (e.g., HTML pages, etc.)
  • Operating system, date/time stamp, and/or other analytical data

This data is collected about you automatically and is processed for Wisestep’s legitimate interest. We combine this information with personal data to help detect and prevent fraud. We also combine this data with your profile and resume and CV data to return the best job search results to you.

Wisestep may share information in the following ways

  1. We may share your non-personal information with our service providers, which are third parties who help deliver our products and services to Members. Examples of these services include web hosting our servers and site databases, service providers who analyze data, provide marketing assistance, administrative support services and payment processors. To the extent required to manage data sharing in for the purposes described in this section, Wisestep will remain responsible for any information shared in this way.
  2. We disclose information to third parties when you give your consent for us to do so. For example:

    1. if you make your resume or CV information publicly searchable or visible then all parties with access to our Search Services on our platform may have access to your information;
    2. if you opt-in to receive information about the products or services of third parties, we share your contact information to those third parties so they may contact you.

  3. We may disclose to third parties information that we have collected from other websites.
  4. We disclose information if legally required to do so, or at our discretion pursuant to a request from a government body or in exercising good faith - after considering your interests and other factors - that such a step is necessary to: (a) meet legal requirements or comply with legal process; (b) protect our rights or property or our affiliated or associated companies and/or businesses; (c) to investigate fraud, prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
  5. We may disclose and transfer personal information to a third party who acquires any or all of Wisestep’s business units, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. You will be notified of the sale of all or a substantial portion of our business to a third party by email or through a notice posted on the site.

GDPR : Lawful Processing

The main grounds used by Wisestep to process personal data are as follows:-

  1. Contract

    If we have a contract with a member, we will process personal data in order to fulfil the requirements of the contract, or to undertake set up requirements prior to entering into the contract.

  2. Legal Obligation

    If we have a legal obligation to process personal data, we will process personal data on this legal ground.

  3. Legitimate Interests

    The GDPR states that we may process personal data “if necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data”. We may use legitimate interests where we do not have GDPR compliant consent, or where the information is collected indirectly about Candidates, Recruiters, Employers (see Sources of Personal Data). We have assessed the scenarios where we use legitimate interests as a legal ground for processing and we consider our processing is in line with Candidate and Member expectations and that there is a balance between our interests, and those of Registered Members.

  4. Consent

    Consent may be collected when a user performs a specific action on the platform.Where we are unable to collect consent for a particular processing activity we will only process personal data if we have another lawful ground of legitimate interest, including Legitimate Interests.

  5. Defence of legal claims

    In limited circumstances and in accordance with the law we may use Candidate and other Member information in the defence of legal claims or enforcing legal rights.

Our Legitimate Business Interests

Our legitimate interests in collecting and retaining Candidate and Member personal data is described below:

  • As an online platform bringing together Candidates and prospective employers and recruiters we facilitate the introduction of Candidates to prospective employers and Recruiters who In turn introduce their candidates to prospective employers for permanent employment, temporary worker placements or independent professional contracts. The exchange of personal data of Candidates and prospective employers and recruiters is a fundamental, essential part of this process and is a reasonable expectation of Candidates, prospective employers and recruiters.
  • In order to support Candidate Members’ career aspirations and prospective employers’ and recruiters’ resourcing needs we store prospective employer and recruiter’s data containing historical information as well as current resourcing requirements and business profiles.
  • To maintain, expand and develop our business we need to record the personal data of prospective Candidates, prospective employers and recruiters.

Cookies and Web Logging

Cookies are tiny data files within your computer that allows Wisestep to recognize you when you return to our site from the same computer and the same browser. If your browser does not enable cookies, you might not be able to use Wisestep efficiently. Cookies allow Wisestep to customize your experience and remember what you were up to the last time you logged off.

Wisestep uses two kinds of cookies. The first lets the site recognize you as an existing user and, thereby, not asking you to log in every time. The other is active only briefly and expires when you close your browser. Due to communication standards, whenever you visit the Wisestep site, we receive information on what site you visited last and which site you are leaving to. We also get information on your IP address, the address of your Computer, your computer Operating System, your Web Browser and any other details of your computer that helps us monitor and manage security about unauthorized access to user accounts and improve our security and service at Wisestep. Your IP address and your personal information will not be shared with third-parties without your permission or except when required by law. Wisestep will collect this information from all devices your use to access the Wisestep website.

Sharing Information outside of Wisestep

Members at Wisestep can control the Information they chose to share on these External Platforms. Wisestep may integrate some of its features with other social networks including but not limited to Facebook and LinkedIn.

Employers on Wisestep can share jobs and invite their contacts through emails or from other websites If you connect your Wisestep Account with other Social Networks, Wisestep works within the API rules and privacy policies defined within those social networks and does not store any of your personal details or passwords for those accounts.

Wisestep includes links to external websites from within its site. This does not mean that Wisestep endorses or certifies these sites or their products. The hyperlinked sites will be covered by their own Privacy Policies. Wisestep requests its Members to view these sites in their own discretion.

If Wisestep is bought out or enters a joint venture or if there is any other change of control, your information will be transferred to the new entity and you agree to such disclosure and/or transfer of your personal data in such circumstances. In this case, Wisestep will inform its Members by email or on the site before their information is transferred and may be subject to a new or updated Privacy Policy.

Communicating with Wisestep

All registered members will receive messages posted on the site in their online account and through email. These might include welcome notes, Reminder alerts and Notifications regarding their Job and Career Opportunities. Wisestep will also send you email alerts when you receive messages from other Members. You may also receive notifications from Wisestep regarding new features and Services. You can manage your own notification settings from the Account Settings section. Similar account settings are also available for the Employers Section. For any issues please use the Contact Us Section of the website to get in touch with us.

Communicating on External Platforms

The Wisestep website and application is also available to users on other external platforms and websites like Facebook, in cases of such hosted Services, the Member will be bound by the Terms of Service and Privacy statement of the External Platform. The Terms of Service of the External platform overrides that of Wisestep, wherever mentioned. In case no mention is made pertaining to any specific issue on the Host site, the terms of Wisestep will apply

Members are advised not to share details of Social Network Accounts with anyone else.

When a Member joins Wisestep through any External Platform, Wisestep will ask for Permission to access some information from their External Platform Account to make your experience better and more relevant on Wisestep.com.

Changing your Account Information and Accessing your Information

We store your information to make your interaction with Wisestep more efficient, practical, and relevant. Members can access, review, correct, update, delete and/or edit their personal information by logging into Wisestep and viewing the Profile Page. Here, the Member can set the visibility of their account information to other Members and third-parties. Members can terminate their account at Wisestep by sending a request through the Contact Us Page of the Website. On terminating the account, all personally identifiable information of the Member would be permanently removed from the site. However, Wisestep will retain some information to prevent fraud or future abuse, for legitimate business reasons, for analysis of non-personal data, and if so required by law. The data thus stored will be subject to the same Privacy Policy as agreed upon by the Member. For more details please read our Privacy Policy related to Personal Data under GDPR.

If you do not have an account, or if you believe that someone else has provided us with your contact information, please contact us on support@wisestepmail.com

When you delete your personal information, we will retain logs and non-personal information about your activity on Wisestep. We will also retain an archival copy of your non-personal information for our business's audit and record purposes, and which is not accessible by you or third parties on the Internet. If your personal information was previously accessed by others using Wisestep, we are unable to delete the information from their systems.

Data Sharing

You confirm and acknowledge that Wisestep is not responsible for transferring data out of the European Ecnomic Area (EEA). Any such transfers are facilitated at the request and/or need of other Members including recruiter members and employer members. Those members may also require the sharing of your personal information to their overseas offices based outside the European Economic Area (EEA) for the purposes of securing the work Candidates have applied for and for appropriate administration purposes which is in a Candidate’s interests to enable those members to endeavour to provide a recruitment service to you and/or to offer suitable roles to you.

CANDIDATE ACKNOWLEDGMENT AND CONFIRMATION:-

BY USING THIS PLATFORM, APPLYING TO A JOB OR CONTRACT ROLE, PROVIDING YOUR CONTACT INFORMATION TO SHOW INTEREST IN A JOB OR CONTRACT ROLE, OR BY REPLYING TO A MESSAGE FROM AN EMPLOYER OR RECRUITER THROUGH OUR PLATFORM, YOU EXPLICITLY CONSENT TO THE DISCLOSURE AND TRANSFER OF YOUR INFORMATION AND PERSONAL DATA AND/OR SENSITIVE PERSONAL DATA TO THAT EMPLOYER AND/OR RECRUITER, WHETHER SUCH MEMBERS ARE INSIDE OR OUTSIDE OF THE EUROPEAN ECONOMIC AREA (EEA) AND TO BE CONTACTED BY SUCH EMPLOYERS AND/OR RECRUITERS FOR EMPLOYMENT RELATED PURPOSES.

Indemnification of Wisestep by Members

All our Members, including Recruiters, Employers and Candidates, specifically consent and confirm that they are solely responsible and liable for securing all information concerning Candidates and safeguarding that personal data. Wisestep is in no way reasonable or liable for any information breaches or losses that may arise by or through information being shared using Wisestep’s platform. All Members, whether recruiters, candidates or employers are required to take appropriate security measures to protect their personal information and warrant and agree that Wisestep is fully indemnified on a continuing basis by Members using the Wisestep platform for their recruitment purposes.

Security

In order to protect your personal information, your Wisestep Account is provided with a personalized Password. Kindly do not reveal the password to anyone else or save it in a publicly accessible computer. Wisestep uses a secure access data centre for storing your details. If you suspect that your account has been accessed by someone else, report immediately to support@wisestepmail.com

Change in Privacy Policy

Wisestep reserves the right to change or update its Privacy Policy at short notice to reflect changes in our information practices or for other reasonable business purposes. In case there are significant changes in the way your information is treated, a notice would be put up on the website informing Members of the same or we will notify you by email where required. We encourage you to periodically review this page for the latest information on our privacy policies.

Contact Information

You may contact us online for questions or concerns about our privacy practices. You may also write to us at: support@wisestepmail.com

Members in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the local Supervisory Agency for data protection in their country, should they find that we did not appropriately address their question or concern.

Our Data Protection Officer can be reached at: dataprivacy@wisestepmail.com


Market Place Terms


If you sign on to the crowdsourcing platform, the following terms apply in addition to the general terms of service of the Wisestep Platform listed here.

For Recruitment Firms and Independent Recruiters

You agree to provide the following services

  • Identifying and sourcing right candidates as per job requirements shared by Wisestep on behalf of Employers advertising their jobs on its platform
  • Screening of candidates to ensure a close match to the job specifications as provided to you on the platform
  • Confirmation of interest of the candidate in the job
  • Details of candidates like Skills, Eligibility to Work, Work authorization, Compensation details and any other details as may be specified in the Job description and insights
  • Scheduling Interviews and managing Candidate relationship till the time candidate joins the position
  • Right to represent the Candidate for the Job that you are submitting the candidate for

For Individuals

  • Identifying and sourcing right candidates for job requirements shared by Wisestep on behalf of Employers advertising their jobs on its platform
  • Confirmation of Candidate interest in the job

Common Terms applied to Recruitment Firms, Independent Recruiters and Individuals

You agree to the Following

  • Employment Guarantee: Offer a 3-month employment guarantee. If the candidate resigns or is terminated for cause then you will not be eligible for any payment for that specific placement.
  • Payment Terms:The invoice for a successful candidate for a permanent hire shall be payable within 100 days of the candidate joining. For Contract roles, Wisestep will pay within 7 days of funds received from Employers. Wisestep is liable to pay you only if it gets paid by Employers.
  • Validity:Employment Guarantee and Payment Terms shall be valid even if your account on Wisestep has been closed.
  • Right to Reject:Wisestep reserves the right to reject the Candidates referred if they are not found to be a suitable match after preliminary assessment by Wisestep. Wisestep may conduct the assessment at any time after the candidate is submitted. The assessment of Wisestep team and its employees is final in this matter.
  • Candidate Duplication:Wisestep will inform you if the submitted Candidate is a duplicate on the platform. Employers may also reject candidates on grounds of duplication or based on the results of their own Candidate tracking process. Wisestep will provide the status updates of these candidates at the earliest possible time on a best effort basis.
  • CV Validity:A CV validity period of 3 months for any action on any candidate submitted for that specific Employer by you for a period of 3 months from the date of submission. You may resubmit candidates for suitable roles after 3 months for the same Employer. To make your candidate eligible for CV validity for roles in other Employers you are required to submit the candidate for other Employers’ jobs again.

    Submitting a Candidate to Wisestep for an Employer’s job does not in any way mean an employment with Wisestep or a successful placement with Employers advertising jobs on its platform.

  • Fee Adjustment: If any Fee adjustment is made by Employers in its payment to Wisestep for a candidate referred by you then Wisestep will in turn make a similar adjustment on the fees payable to you.
  • Confidentiality:You shall treat all the information regarding technology, assessments, processes and all other Employer information in the strictest confidence.
  • Non Solicitation:You agree not to solicit Employers advertising jobs on Wisestep or their officers for empanelment or job requirements if you are not empaneled with any Employer prior to using our services. Solicitation of any Employer will lead to termination of your account and forfeiture of any payments that are due to you.

    If you already work with some Employers prior to using our platform and can provide documented proof of it you may continue to do so or use our platform with our terms of service.

  • Indemnification:You Indemnify Wisestep, its directors, employees, agents, contractors, partners and employees harmless from and against any loss, liability, claim, demand including reasonable attorney fees related to breach of any representations or warranties made by you under these terms, violation of terms of services or violation of the rights and laws of any third party
  • Taxes:Wisestep will deduct any withholding taxes as per local law before making any payouts. You are solely responsible for paying any other taxes as may be applicable to you as per your jurisdiction.
  • Termination:Wisestep reserves the right to terminate your account for any violation of terms of usage and service.
  • Placement Fee:That you will pay Wisestep a Placement Fee if you hire a candidate referred to you through the Wisestep platform directly or submitted by employees and associates of Wisestep electronically or through your Applicant Tracking System.

    Placement fees are not required to be paid for candidates that directly apply to you. In cases where candidates apply through the Wisestep Platform and directly to you, Placement fees are due if they applied first using Wisestep.

    CV Validity for Candidates from Wisestep will be 3 months from the date of submission. Wisestep may require documented proof of your contact with the employer

  • Platform Fee:You agree to regularly pay the Platform fee as agreed in the pricing plan
  • Authorization:You are authorized to advertise the Jobs of your organization and that you have the authority to make payments in the event that a candidate submitted through Wisestep is hired by you.
  • Feedback and Updates:You will provide timely, detailed and regular feedback on Candidates referred to you and their status in the hiring process. Feedback can be provided by logging into your account on the Wisestep platform or to Wisestep team members who may be in touch with you.
  • Referral Reward:Wisestep is free to announce any suitable referral reward as it sees fit for your job roles
  • Employment Guarantee:Wisestep will provide an employment Guarantee of 90 days. If any candidate leaves with the employment Guarantee period or is terminated for cause Wisestep will provide a replacement without charge. Employers that do not pay the Platform Fee or do not pay on time are not eligible for the Employment Guarantee.
  • Invoicing :Wisestep will invoice you within 7 days of the candidate joining and the invoice will be payable within 30 days.
  • Audit:Wisestep reserves the right to audit any candidate communication with you whose candidature might have been considered as duplicate by yourself. Further Wisestep reserves the right to inspect your books or records to ascertain if all payments due to us in exchange od services have been made. Wisestep may nominate an independent public accounting firm to conduct such audit

Terms applicable to All Users, Employers, Recruitment Firms, Independent Recruiters and Individuals

  • Indemnification:Indemnify Wisestep, its directors, employees, agents, contractors, partners and employees harmless from and against any loss, liability, claim, demand including reasonable attorney fees related to breach of any representations or warranties made by you under these terms, violation of terms of services or violation of the rights and laws of any third party
  • Disputes and Resolution:You agree that disputes between you and us will be resolved by binding individual arbitration and you waive your right to participate in a class action law suit or a class wide arbitration. You agree that this Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of New Jersey, without regard to its conflicts of law provisions.
  • Limitation of Liability:Iin no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the web sites or the services, even if we are aware or have been advised of the possibility of such damages. To the fullest extent permitted by law, we disclaim any warranties for services received through or advertised on the web sites. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of: (a) the amount paid, if any, by you to us for the services; and (b) ten dollars ($10). The parties agree that these limitations are an essential part of this agreement and shall survive any remedy’s failure of essential purpose. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights
  • General:We reserve the right to change, modify, add or delete parts of this agreement and will post updates of it on this page. Your continued use of the website after any such changes constitutes your acceptance of this agreement. Our failure to exercise any right or provision of this agreement does not constitute a waiver of the said right or provision. IF any provision of this agreement is found to be void, invalid or unenforceable then that provision shall be superseded by a valid, enforceable provision or one that matches the intent of the original provision as closely as possible.

Terms of Service

Wisestep.com is a website that is developed, operated and maintained by Wisestep Holdings (“Wisestep” or “We” or “us”) that allows Employers professionals from all over the world to connect, network, share ideas and find career options. As Wisestep acts as a shared social platform, it lays down the following Terms of Service to provide its members with a secure and efficient social and professional networking environment. By registering, logging in, visiting, or accessing the services offered by Wisestep through the internet or mobile website Wisestep.com or applications offered through other social media platforms or similar to but not restricted to Facebook ©, Twitter ©, LinkedIn© and through other domain names as may be specified in this agreement from time to time and through various devices like mobiles, tablet or other devices as may be specified from time to time, you, the member (the user, recruiter, employer), agree to abide by the Terms and Conditions laid down here as Terms of Service as if it were a legally binding agreement signed by Wisestep Holdings (“Wisestep”) of Edith Cavell Street Port Louis, Mauritius if you were in any country other than those in the EU and Northhill Partners Limited, Elizabeth House, 39 York Road, London if you were in EU. If you do not agree to be bound by the below-mentioned Terms of Service, you may not use, view or access our services. Wisestep reserves the rights to modify this agreement without prior notice. Any such changes will be posted and notified to the user on the website. It is the responsibility of the Members to update themselves on such amendments. Your continued use of our services indicates your acceptance of the modified Terms of Service

Our Services

Wisestep offers services as an online networking platform that allows professionals connect with each other, exchange knowledge, ideas and opportunities and any other service that the site may propose to offer in the future. Members of Wisestep can register as a User and or an Employer and use the Services of the Company to create their own profile in Wisestep, network with other members, search and offer career opportunities and make use of other services that may be offered by Wisestep in the future. The information provided on this website includes, but is not limited to, the Services offered by Wisestep or its affiliated companies or websites; though we do not offer any advices, guarantees or warranties relating to these Services. Wisestep cannot be held accountable or provide validation for any advice, connection, knowledge, opportunity or representation put forth by any other member on Wisestep.com.

Eligibility of Members

Users can register themselves on Wisestep as a Member and or an Employer. Members can log in using a valid personal email address, while Employers require a valid company email address. Users can have both a Member and an Employer account but they are not permitted to own more than one of each, without prior written permission.

Any irregularity or breach of the Terms of Service or Privacy Policy or Copyright Policy can lead to the termination of your Wisestep account. Members, once blocked or suspended, will not be able to use the Services offered by Wisestep. Your account privileges will be suspended or terminated if you share your access information (login address and password) with anyone else. If you feel that your account is being used by someone else, kindly inform the Wisestep Team immediately. Wisestep shall not be held accountable for any damages or loss of information, etc. arising from non-compliance with this Section.

All members who are eligible to open a Bank Account in their area of jurisdiction can be a Member at Wisestep. However, Wisestep might restrict or deny access to Members from certain jurisdictions, state, country or other criteria at its sole discretion. If such access, as provided by Wisestep services, is prohibited by your jurisdiction, Wisestep revokes all responsibility towards the maintenance and continuance of its Services.

Access to Services and your Obligations

To continue using the Services of Wisestep, you understand and agree not to use Wisestep for the following:

  • Publish content, initiate communications and solicitations which are inappropriate, unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
  • For any illegal purpose, including but not limited to conspiring to violate any laws.
  • Reverse engineer, disassemble, procure or reproduce any underlying source code that is used to provide the Services offered by Wisestep.
  • Falsely state or impersonate, or otherwise misrepresent your identity, create an account for a non-existent person / company, or misappropriating your current or previous positions and qualifications, or your affiliations with any person, past or present.
  • Upload, post, or make available any information that you do not have the right to disclose or the disclosure of which infringes any patent, intellectual right, contractual or fiduciary relationships.
  • Directly or indirectly breach the employment contract or any other contract executed by you.
  • Imply or State, directly or indirectly, that you are affiliated to, or endorsed by Wisestep, unless authorized in writing by Wisestep to do the same.
  • Publish and advertise any product or service through posts, email, and resorting to other forms of unsolicited or unauthorized advertisements, promotional material, junk mail, unsolicited emails and chat messages, chain letters, pyramids schemes, or any other forms of unsolicited intimation. This includes, but is not limited to:
    1. Using Wisestep invitations to send messages to people who don't know you and are unlikely to recognize you as a known contact.
    2. Using Wisestep to connect to people who don't know you and, then, send unsolicited messages and mail to these direct contacts without their permission.
    3. Sending messages to distribution lists, newsgroup aliases or group aliases.
  • Upload, post, publish, transmit, or otherwise make available, content that contains software viruses, or any other computer codes, files or programs, which would interrupt, destroy or limit the performance of the Wisestep network or the computers of its other Members.
  • Stalk, harass, intimidate or indulge in discriminating against any other Member.
  • Forge headers or manipulate the identifiers, so as to disguise the origin of any communication transmitted through the Services.
  • Use or attempt to use, another person's account, or share the information of another person without their explicit permission.
  • Post content in fields that are not meant for that content (like typing in an address in the " Name " field).
  • Engage in dishonest or unprofessional behavior, and betray the trust and confidentiality of other Members.
  • Interfere, or attempt to interfere, or disrupt the connections of any servers or networks; or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
  • Use manual or automated softwares, devices and other processes to crawl or spider any webpages available on Wisestep. Do not monitor or copy, or allow others to monitor and copy, any part of the website, and frame, simulate or recreate the appearance of the website and its functions.

Member Content

Wisestep may allow Members to post content such as jobs, company information, logos, trademarks, comments, questions, and other content or information or any such materials a member submits, posts, displays, or otherwise makes available on the Service (" Content"). Members retain ownership of their Content.

You also agree that any Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy. Wisestep reserves the right, but is not obligated, to reject and/or remove any User Content that Wisestep at its sole discretion believes, violates these provisions. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, that Wisestep’s use of your Content in accordance with this Agreement will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, all your Content and other information that you provide to us is truthful and accurate.

Wisestep takes no responsibility and assumes no liability for any member Content that you or any other member or third party posts or sends over the Service. You shall be solely responsible for your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that Wisestep shall not be liable for any damages you allege to incur as a result of the Content.

Member Content License

By posting any Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Wisestep a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Wisestep business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. The foregoing license shall be subject to the Wisestep Privacy Policy in effect at the time that you post the applicable User Content. To the extent your Content is a trademark or service mark protected by law, the foregoing license extends solely to Wisestep’s use to identify you as a Service User.

Members when applying for a job and uploading their resumes may also choose to permit wisestep to share their resume with other employers. Members can also rescind this permission at any time at their discretion

Terms and Conditions Specific to Employers

Jobs can be posted on Wisestep only through a separate Employer account. Employers and Recruiters can log on to Wisestep by registering from a company email address (e.g. xxxx@companyname.com). They can register as a User from the same email address. However, it is not permitted for any Member to activate more than one User and Company profile at any time.

Wisestep will also in most cases combine the accounts of employer accounts registered with a common company domain address. Employer accounts combined in such a manner will be able to work as a team within the wisestep platform and access and share information amongst each other. Employer accounts from the same email domain that do not want their accounts with other members with a similar email domain will have to explicitly approved by wisestep.

Employers can use the Services offered by Wisestep, including Job Posting, Applicant Tracking, Creating a Careers Page, and more services as may be offered to an employer account from time to time. All services that are offered for unlimited usage will be bound by fair usage. By Fair usage we mean that employers should be able to meet their needs in an appropriate manner when using the Wisestep platform. Wisestep can terminate an employer’s account if it deems that the usage is beyond fair usage even after regular warnings.

While an Employer uses the Services of Wisestep, it is understood that the Employer might also register and seek the help of other Companies or Media which would offer similar services. However, the Employer should, as much as reasonable possible, refrain from any discrimination between Candidates who had applied via Wisestep and those who applied directly or otherwise.

Wisestep allows Employers to automatically share their selected content like Job Information on other platforms. However, using the Wisestep platform to spam your professional network on any External Platform will result in the Suspension of your Account.

The Employer retains the right to set Referral Rewards and a Sign-On Bonus for certain jobs as long as these rewards are above a certain minimum amount specified by Wisestep. These rewards can be increased at any time in the future. However, it is not possible to decrease your Referral Reward and Sign-on Bonus from the amount it had been set to at the time of posting the Job.

The Employer is also prohibited to ask any Member or prospective Employee to disclose his Account Details on Wisestep or other networking sites, or to ask for other sensitive information including Bank Account Information, Social Security Number, etc. The Member shall be liable, however, to disclose Residential Address, Correspondence Address, and Bank Details or provide Proof of ID and other required information to collect a Referral Reward if applicable.

Terms Specific to Referral Rewards

Wisestep offers a process through which Users can recommend their friends, family and acquaintances for specific Jobs and earn a financial or non-financial Reward if the person they referred (the candidate) gets hired by the Employer. Referral Rewards are set for specific jobs by the Employer/Company that is hiring, and will be payable by them. Wisestep will, merely, act as a facilitator in the transaction between Referrer and Employer and will charge a transaction fee of 20% for this Service. The following will apply to the members and the employers.

  1. Referral rewards are payable only to the Member (the referrer) who referred the candidate who gets hired.
  2. Not all jobs have Referral Rewards. Those that do have the reward specifically mentioned alongside the information for those jobs.
  3. The Employer may also announce a Sign-On Bonus for certain jobs for Candidates who apply through Wisestep. The Sign-On will be payable after the placement of the Candidate and the successful completion of Probation. The Candidate must inform Wisestep about the Placement Terms and Conditions, and the Probationary Period for the Sign-On Bonus to be paid out.
  4. Employers will not will not distinguish between candidates referred through wisestep and other channels
  5. Members can apply for a job if they are suitably eligible. The Member can collect a Sign-On Bonus (if applicable) after his/her successful placement.
  6. Wisestep can demand a refund of the Referral Reward from the Referrer if it is found that there has been a misinterpretation or manipulation of information, or that the Referrer had been involved in fraudulent activities, or that the Referral Reward should not have been paid in the first instance for whatever reason.
  7. To win a Referral Reward, the Member should have a Bank Account. It is not permissible for a Parent/Guardian/Representative to collect the Reward on behalf of someone else.
  8. Referral Rewards will be paid only after the hired Candidate completes a specific period, as decided by Wisestep in conjunction with the employer that offers the job.
  9. All payment of Referral Rewards will be by Cheque or through Wired Transfer in the name of the Referrer. The transaction is not transferable.
  10. The Referral Reward for any Job is set by the Employer who posts the job. Wisestep, merely, acts as a facilitator for the transaction between Referrer and Employee. Wisestep is not liable to make any payment to the Referrer if the listed Employer fails to make the payment to Wisestep or to the Referrer.
  11. The Referral Reward will not be paid in Cash. To enable the transaction, The Employer might request the Referrer through Wisestep for further information including Bank Details, Residential and Correspondence Addresses, etc. Wisestep will invoice the employer on behalf of the referrer and collect the referral reward for subsequently paying out the referral reward. Wisestep reserves the right to withhold payment if these details are not provided by the referrer.
  12. In case of non-payment of Referral Reward, Wisestep will investigate the matter and if it is determined that the Employer is a willful Defaulter, will suspend the account of the Employer summarily, and block them from using the Services offered by the site. However, Wisestep maintains that it merely acts as a third-party in the transaction between Referrer and Employer, and will not take legal action by itself on the Employer.
  13. Any banking charges incurred by Wisestep on facilitating the transaction on behalf of the Referrer involved in the transaction will be deducted from the Referral Reward. The Referral Reward will also be reduced to reflect VAT, Withholding Tax, Tax Deducted as Source, or any such tax as applicable for the country where the Employer is based.

Wisestep will disclose details of transactions of Referral Rewards and Sign-On bonuses to Government Agencies if explicitly demanded so of, for purposes of National Security and Tax Regulations.

End user license Grant

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service. Wisestep reserves all rights not expressly granted herein in the Service and the Wisestep Content (as defined below). Wisestep may terminate this license at any time for any reason or no reason as specified below in the section for Termination of Services.

Privacy Security and Other Details

We have listed the rules and regulations regarding most of our services in this document. However, if you do notice any shortcomings or found any issue which had not been addressed, kindly contact us at support@wisestepmail.com for redressal.

Members at Wisestep are required to provide personal information which includes their Name, Educational Qualifications and Job Postings, and a valid Email address. Wisestep requires this information to help you network with your friends, connect with similarly oriented Professionals and make suggest jobs which might interest you. You can control the information you share on the network, and what gets posted on your profile. Read more about this on our Privacy Policy. Wisestep does not ask for sensitive and confidential information, like your Driving License and your Social Security Number. However, in order to claim a Referral Reward, an Employer might request your Bank Details and Correspondence Address to affect a transfer of funds. Do use your discretion when you disclose such information.

Wisestep reserves the right to review Job Postings and Job Applications posted through the Services. It can also summarily reject both if they are deemed inappropriate, fake, abusive or frivolous. Wisestep also stores submitted resumes to create a talent bank for Wisestep and for employers that would facilitate reconsidering these for future career openings.

Wisestep does not endorse or affiliate itself with any Company or Employer unless explicitly stated so. While Wisestep tries its best to authenticate all Job Postings and Company Titles registered with it, it makes no warranty of the same. The User is requested to be diligent with any such endorsements, solicitations and Job Offers. By registering on Wisestep, you are granting Wisestep a perpetual, royalty-free, irrevocable license to use your Account information and Profile postings in order to offer you its Services. Wisestep retains the right to reformat, excerpt and translate any information submitted by you. Furthermore, all information provided by any Member is the sole responsibility of the Member themselves. Wisestep shall not he held responsible for any errors or omissions in your content. Wisestep shall also not be responsible to inauthentic or objectionable information posted by its Members. However, any such misconduct should be reported to support@wisestepmail.com .

While Wisestep attempts to make all its services available round the clock, seven days a week, it makes no warranty of the same. Wisestep might deny its Members access to certain Sections, discontinue certain Services or temporarily deactivate its Services for site maintenance according to its own discretion. Any inconvenience thus caused will not be compensated.

External Platforms

Wisestep.com is also available for use by members and employers on External Platforms like Facebook©. Wisestep.com also uses APIs from other external platforms like Linkedin.com © to make its user experience more relevant. Wisestep will also share specific content like Job Postings on other websites and Search Engines like Google, Indeed and Simplyhired.

  1. When Wisestep offers its Services on another External Platform, in case of a conflict the Terms and Conditions of the Host platform overrides the Terms of Service of Wisestep, where so mentioned. If not mentioned, the Terms of Service of Wisestep apply.
  2. When a Member joins Wisestep through another platform, an Account is created with Wisestep directly, so that you can access the Features and Services offered by Wisestep if you access Wisestep without the use of the said External Platform.
  3. When a Member registers on another platform to use the Services, Wisestep will ask for permission to access some information the Member had provided the Host platform. This information will be used by Wisestep to customize the Member's experience and to make it more relevant.
  4. When a Job is posted on Wisestep, the Employer understands and agrees that this Job will be automatically be published on and syndicated to other websites including but not limited to Search Engines like Google, Indeed and Simplyhired.

Pricing and Payment

Certain aspects of the Services may be provided for a fee or other charges. If you elect to use paid features of the Service, you agree to the pricing and payment terms as specified in our Pricing Page as we may update them from time to time. Wisestep may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to the Pricing of Services shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

Cancellation

If you are using paid for features You can request for a change in your plans or cancel the service by writing to support@wisestepmail.com If you’d like to move to a smaller plan you can write to support and we will refund the excess money you paid. Wisestep Plans are charged on a monthly basis. We don’t prorate months, so if your request for a change of plan is made after the start of a month, the refunds will apply from the next applicable month. In the event that Wisestep suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund for any unused time or services on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Wisestep must be accurate, complete, and current. All Fees are exclusive of taxes, levies or duties and you agree to pay all such taxes, Levies or duties. You also agree to pay charges incurred by users of your credit card, debit card, wire transfer, bank transfer or other payment methods used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.

Termination

Wisestep can suspend, discontinue or terminate its Services to any Member if they are found to breach any of the Terms and Conditions agreed upon registration.

Termination can happen through any of the following means:

  1. Breach of Terms of Service stated above.
  2. If so requested by Law Enforcement or Government Agencies
  3. If so requested by the Member themselves
  4. Unexpected Technical issues or problems
  5. Extended period of Inactivity

A Member can, at a later date, terminate his Account at Wisestep if he disagrees with an amended Terms of Service or if he wants to discontinue the Services offered by Wisestep. When an Account is thus discontinued, Wisestep will remove all information regarding the Member at the earliest possible date from its database. Once you terminate Services with Wisestep, your Account Information will not be retrievable any longer.

Disclaimer

WISESTEP DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WISESTEP OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WISESTEP, ITS SUBSIDIARIES, ITS MARKETING PARTNERS AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

WISESTEP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE WISESTEP SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WISESTEP WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES

Indemnity and Limitation of Liabilities

By accepting this Terms of Service, you (the Member) agree to indemnify Wisestep, its Officers, Employees, Agents, Subsidiaries, Affiliates, and other Partners from any direct, incidental, special, consequential or exemplary damages resulting from:

  1. Your use of the Services.
  2. Unauthorized Access to or Alteration of your Communications with or through the Services.
  3. Any other matter relating to Services.

Any business transactions between Members are the sole responsibility of the Members involved. Without limitations of the Terms and Conditions put forth in the our Privacy Policy, Wisestep may disclose personally identifiable information, if so required by law or in the belief that such disclosure is reasonably necessary to comply with legal process, enforce this Terms of Service, or protect the rights, property or safety of Wisestep, its Members and the public.

Wisestep, it’s Employees and Affiliates shall also not be held responsible for any loss of business information, loss of goodwill, business interruption or loss of anticipated profits and benefits resulting from use of the site or Services or any part or whole of the content or arising out of any breach of Warranty. Such limitation of liability will apply despite the damages arising from use or dependence on Wisestep information, inability to use Wisestep information, or the costs of procurement of substitute content.

The liability of Wisestep or its affiliates, shall in no case, exceed the total amount of Service Fees that was last paid by the Member during a period of three months for the specific Service at issue, immediately preceding the day on which the claim or the liability arose.

Intellectual Property

Wisestep is the owner and authorized user of any trademark, registered trademark or service mark appearing on the website; and is the copyright owner or licensee of the content or information on the website including, but not limited to, any text, image, illustrations, audio clips, video clips and screens appearing on the website.

All rights on the website are reserved and you may not download and/or save a copy of the website or any part thereof including any of the screens and/or reproduce, store it in a retrieval system or transmit it in any form or by any means electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of the company (except as otherwise provided on the website or in the terms and conditions for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits the company or the merchant. However, you may print a copy of the information on this site for your personal use or records. This website is for your personal use. If you make other use of this website, except as otherwise provided above, you may violate copyright and other laws of Mauritius and other countries, and may be subject to penalties. The company and the merchant do not grant any license or other authorization for usage of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the website.

Law of Aribtration

All legal proceeding involving Wisestep shall be subject to the jurisdiction of the courts in London, United Kingdom and shall be governed by and construed in accordance with the laws of United Kingdom. The Member shall agree to resolve all disputes under the arbitration and conciliation act and the venue for such arbitration shall be at London, United Kingdom.

Miscellaneous

This Terms of Service constitutes the entire agreement between the Member and Wisestep and supersedes any prior agreements between the both.

Any provision of the agreement which in invalid, prohibited or unenforceable in any jurisdiction shall:

  1. be ineffective in that jurisdiction to the extent of invalidity, prohibition or unenforceability.
  2. not invalidate the remaining provisions of the Agreement.
  3. not affect the validity of that provision in any other jurisdiction.

This Terms of Service does not constitute any joint venture, partnership, employment or agency relationship between the Member and Wisestep.

Wisestep may assign this Agreement at any time without notice to any Member. The Member shall not assign this Agreement to anyone else.

Wisestep, Wisestep.com, the Wisestep logo, and other Wisestep Logos and Names are trademarks of Wisestep. The member us not authorized to use these trademarks in any manner without Wisestep’ s prior written permission. The Section Titles of this Terms of Service are displayed for convenience only and have no legal effect. Please contact us to clarify any questions, post any comments or report any violations of Terms of Service. Mail us at support@wisestepmail.com .


GDPR Commitment


GDPR Commitment Statement

The EU General Data Protection Regulation (GDPR) is the most significant piece of European privacy legislation in the last twenty years. It replaces the 1995 EU Data Protection Directive (European Directive 95/46/EC), strengthening the rights that EU individuals have over their data, and creating a uniform data protection law across Europe

GDPR is a globally relevant regulation applicable to any organization that has EU area customers or even stores EU citizens data. GDPR has taken effect from May 25, 2018.

Designed with Data Privacy

Wisestep is designed with GDPR standards as a Data Processor. With Data privacy first approach and our product features are rolled out with privacy first principles.

Managing Data Privacy in your Processes

Wisestep provides unmatched flexibility in allowing its customers to design data privacy into their recruitment process flows and allow granular control of data.

Data Portability

The GDPR regulation puts more power in the hands of the Data Controllers by creating a regulatory imperative of Data portability. We provide for portability and work with our customers to ensure that their Data Portability needs are met.

While we expect you to rely on us to help you manage your Data privacy needs when you manage your recruitment processes with us, we suggest that you also review the following in your organization

Understand GDPR better

Familiarise yourself with the regulation and identify how it may affect your relationship with your customer, employees and other stakeholders. Get clarity on what role ( “Data Controller” or “Data Processor”) you play in your interactions

Lawful basis of processing Data

The GDPR regulation clearly specifies the different lawful basis of data processing. Review your business processes and the interaction with your stakeholders to decide which of these basis applies to you.

Audit Your Data

  • Create process maps and the data captured at different steps
  • Review who has access to this data and for what purpose.
  • Document your business processes

Create an Information Assets Register

As part of your audit you may create a register of all the information you capture as part of your business process. Use these to capture an information assets register to easily understand and review any changes or updates to the way data flows in your organisation.

Stay informed

Keep yourself updated on various developments on GDPR and the way its being implemented and interpreted by different countries and companies.

Data Protection Team

For any issues or questions please write to our Data privacy team on support@wisestepmail.com