End-User License Agreement (EULA) for Recruiters

IMPORTANT: PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE USING THE JOB PORTAL RECRUITER SERVICES. BY ACCESSING OR USING THE RECRUITER SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, YOU MAY NOT USE THE RECRUITER SERVICES.

This End-User License Agreement (“EULA”) is a legal agreement between Sanchhaya Education Pvt. Ltd., where the Brand name is GeeksforGeeks, a Company Incorporated under the Companies Act, 2013, and having its principal place of business at A-143, Sovereign Corporate Towers, 9th Floor, Sector-136, NOIDA, Gautam Buddha Nagar, Uttar Pradesh, 201305 (“Licensor” or “GeeksforGeeks”), and you (the “Recruiter” or “You”). This EULA governs your use of the GeeksforGeeks Services, which include but are not limited to, accessing and posting job listings, managing candidate profiles, and utilizing any related features or services (collectively, the “Recruiter Services”).

LICENSE GRANT:

GeeksforGeeks shall provide you with access to its online platform and database of job listings and candidate profiles. You shall use the First Party’s services to post job openings, search for candidates, and communicate with potential candidates for filling positions. GeeksforGeeks shall enable the Recruiter to download individual candidate resumes in CSV format and view candidate profiles which may include their profile photo, activity, overall performance stats and any other information visible on their profiles (if the candidate has enabled this feature) or bulk download resumes based on your requirement. You agree to use these service for intended purposes only.

Subject to the terms and conditions of this EULA, Job Portal grants Recruiter a non-exclusive, non-transferable, revocable license to access and use the Recruiter Services solely for the purpose of recruiting candidates for legitimate job opportunities. This license does not grant any ownership rights or interest in the Job Portal or its content.

ACCOUNT REGISTRATION:

To access and use the Services, you must register for an account on the Job Portal. You agree to provide accurate and complete information during the registration process and to keep your account credentials confidential:

a. Upon signing up, recruiters agree to undergo an authentication and verification process to confirm the accuracy of the provided details.

b. If the provided details pass the authentication and verification process, recruiters will be granted access to post jobs on our GeeksforGeeks.

c. In the event that details do not pass verification, the sign-up application will be rejected.

d. Valid companies denied access may appeal the decision by contacting our support team at hire@geeksforgeeks.org

e. The appeal request should include relevant information and any supporting documentation for reconsideration.

f. Upon receipt of an appeal request, our support team will conduct a reverification process to reevaluate the authenticity of the recruiter’s details.

g. If, during the reverification, the details are confirmed to be accurate and valid, the sign-up application will be approved.

h. Reverification decisions are final and binding.

i. Recruiters may update their details as necessary through the provided platform features, subject to subsequent verification checks.

You are responsible for all activities that occur under your account. You shall use the bulk download feature responsibly and to safeguard such information. GeeksforGeeks reserves the right to suspend or terminate your account at its discretion.

USAGE RESTRICTIONS:

a. Compliance: You shall use the Recruiter Services in compliance with all applicable laws, regulations, and this EULA. You agree not to engage in any illegal, unethical, or fraudulent activities while using the Recruiter Services.

b. Content Usage: You shall not use the Recruiter Services to post or distribute any content that is defamatory, offensive, obscene, or violates the rights of any third party. GeeksforGeeks reserves the right to remove or disable any content that violates this EULA.

c. Data Privacy: You acknowledge that by using the Recruiter Services, you may have access to candidate information and data. You agree to handle such data in compliance with applicable data protection laws and regulations and to use it only for legitimate recruiting purposes.

DATA SECURITY

a. Implement appropriate technical and organizational measures to protect the Personal Data transferred, ensuring a level of security appropriate to the risk involved;

b. Use Personal Data solely for recruitment activities and not disclose or transfer it to any third party without the prior written consent of GeeksforGeeks;

c. Comply with all applicable data protection laws and regulations, including, but not limited to, the General Data Protection Regulation (GDPR), CCPA, Information Technology Act and any other local or regional laws;

d. Promptly notify GeeksforGeeks in the event of any data breaches or unauthorized access to the Personal Data;

e. Restrict access to Personal Data to only those employees and contractors who need access for the agreed-upon purpose and ensure that such personnel are bound by appropriate confidentiality obligations

f. GeeksforGeeks offers you the ability to use questionnaires or question banks as part of your recruitment process. You can opt to provide candidates with pre-made questions or create customized questionnaires. Additionally, you shall have the option to access GeeksforGeeks’ question bank. By using these features, you agree to treat all related materials and questions as confidential information. You shall not share, reveal, or distribute these questions to any third party without obtaining prior written consent from GeeksforGeeks.

DATA TRANSFER:

a. GeeksforGeeks agrees to transfer Personal Data of job seekers to the Recruiter solely for the purpose of recruitment activities. The Recruiter shall only process Personal Data for this specified purpose and in accordance with applicable laws and regulations.

b. Personal Data transferred shall be limited to the extent necessary to achieve the agreed-upon purpose and shall not exceed the scope of the consent obtained from the job seekers.

c. Recruiter shall be able to access the data of job seekers by accessing it online, accessing the profile of the job seeker, downloading their resume in CSV format and bulk downloading resumes.

d. The Recruiter understands that downloading or accessing any of the data with the intent to forward it to others or forwarding any of the data accessed/downloaded via GeeksforGeeks portal/platform for purposes beyond this agreement shall constitute a violation of this agreement.

e. The Recruiter may also have access to GeeksforGeeks internal information, such as Candidate data, the Question Library, GeeksforGeeks internal processes, the list of GeeksforGeeks Start Performers segment, and so on. The Recruiter acknowledges and accepts that sharing the aforementioned or any other information accessed via GeeksforGeeks platform that is not public information in any format or way without GeeksforGeeks’ consent is a breach of this agreement, and the Recruiter will be liable to pay GeeksforGeeks compensation.

DATA PROTECTION OBLIGATIONS:

Recruiter Agrees to:

a. Implement appropriate technical and organizational measures to protect the Personal Data transferred, ensuring a level of security appropriate to the risk involved;

b. Use Personal Data solely for recruitment activities and not disclose or transfer it to any third party without the prior written consent of GeeksforGeeks;

c. Comply with all applicable data protection laws and regulations, including, but not limited to, the General Data Protection Regulation (GDPR), CCPA, Information Technology Act and any other local or regional laws;

d. Promptly notify GeeksforGeeks in the event of any data breaches or unauthorized access to the Personal Data;

e. Restrict access to Personal Data to only those employees and contractors who need access for the agreed-upon purpose and ensure that such personnel are bound by appropriate confidentiality obligations.l

DATA SUBJECT RIGHTS:

a. You agree to assist GeeksforGeeks in responding to Data Subjects’ requests related to their Personal Data, including access, rectification, erasure, and portability, as required by applicable laws and regulations.

DATA RETENTION AND DELETION:

a. Personal Data transferred shall be retained only for the duration necessary to fulfill the agreed-upon purpose and to comply with any legal or regulatory obligations.

b. Upon termination of this Agreement, the Recruiter shall promptly delete or return all Personal Data received from GeeksforGeeks, unless legal requirements prohibit such deletion.

CONFIDENTIAL INFORMATION:

Both the Parties agree, during the Term and thereafter, to hold in strictest confidence, and not to use, or to disclose to any person, firm, or corporation without the prior written authorization of the other Party, any Confidential Information of the other Party. “Confidential Information” means any of the any written, oral, tangible and/or intangible information exchanged between the Parties or disclosed by either Party to the other Party from time to time, including but not limited to information pertaining to the business of either Party, terms of this Agreement and dispute between the Parties (if any),proprietary information, technical data, trade, or know-how, personal information, data, including, but not limited to, business plans, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, resumes, sensitive information, question libraries or other business information disclosed to the other Party by the disclosing Party either directly or indirectly. The obligation of confidentiality contained under this Clause will not apply to information:

a. which at the time of the disclosure is or already was in the possession of the other Party as evidenced by written documents; or

b. which at the time of the disclosure was already in the public domain as evidenced by written documents; or

c. which was subsequently disclosed to the other Party by a third party having a lawful right to disclose the information and being under no obligation of confidentiality with regard to a Party; or

d. which is required to be disclosed by a Party to comply with Applicable Laws or governmental regulations, provided that the said Party provides prior written notice of such disclosure to the other Party as soon as reasonably possible under the circumstances in order to give the other Party an opportunity to prevent or limit the scope of such disclosure and takes reasonable and lawful actions to minimize the extent of such disclosure.

INTELLECTUAL PROPERTY:

  1. The Recruiter hereby provides a unlimited, non-sub-licensable (except as provided below), non exclusive, non-assignable, non-transferable right and license to GeeksforGeeks to use its name and logo for a specific arrangement, solely for the purpose of the use in accordance with this Agreement.
  2. The Recruiter acknowledges and agrees that the GeeksforGeeks may use their logo and name during the length of their collaboration and even after the collaboration is terminated for marketing purposes.
  3. Notwithstanding the foregoing, the GeeksforGeeks may sub-license the Recruiter’s trademark(s) to its Affiliates with the prior written consent for the purposes of performance of its obligations under this Agreement.
  4. Each Party will retain all right, title and interest in its name, proprietary information, data, documentation, technology, methods, methodologies, processes, know-how, templates, software code, trademarks, service marks, logo, color, fonts, trade names, registered designs, copyrights, rights of privacy, personality and publicity and other forms of intellectual proprietary rights or industrial property, confidential or secret processes, trade secrets, other proprietary materials, whether or not copyrighted, trademarked, ideas, inventions (whether patentable or not), any other protected rights or assets and any licenses and permissions in connection therewith, in each and any part of the entire world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing. No interest whatsoever in the other Party’s Intellectual Property Rights is granted by this Agreement and use of any Intellectual Property is permitted to one Party by the other Party shall be strictly in terms of this Agreement. Except as provided under this Agreement, neither Party will use the Intellectual Property of the other Party in any manner whatsoever without the prior written consent of the other Party.

FEES AND PAYMENTS:

Some features of the Recruiter Services may be subject to fees. If applicable, you agree to pay all fees and charges associated with your use of such features. Payments shall be made in accordance with Job Portal’s payment terms.

DISCLAIMER OF WARRANTIES:

THE RECRUITER SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED. JOB PORTAL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL GEEKSFORGEEKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE RECRUITER SERVICES OR THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JOB PORTAL’S TOTAL LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO JOB PORTAL, IF ANY, DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

TERMINATION:

Job Portal may terminate this EULA and your access to the Recruiter Services at any time and for any reason. Upon termination, you shall cease all use of the Recruiter Services and destroy any copies of the Job Portal’s content or data in your possession.

GOVERNING LAW:

This EULA shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

ENTIRE AGREEMENT:

This EULA constitutes the entire agreement between you and GeeksforGeeks concerning the Recruiter Services and supersedes all prior or contemporaneous agreements, understandings, and representations.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS EULA AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE RECRUITER SERVICES.