LAST UPDATED: 20 Sept 2018

1. Introduction

1.1 Contract

When you use our Services, you agree to all these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Join Now”, “Join ZenLeap”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with ZenLeap (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This Contract applies to ZenLeap.net, ZenLeap-branded apps, and other ZenLeap-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Users” and unregistered users are “Visitors”. This Contract applies to both Users and Visitors.

ZenLeap

You are entering into this Contract with ZenLeap (also referred to as “we” and “us”).

You are entering into this Contract with ZenLeap LLC (“ZenLeap”) who will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

This Contract applies to Job Seekers (also referred to as “Candidates” or “Talent”) Hiring Managers (also referred to as “Employers”) and Talent Agents (also referred to as “Recruiters”).

As a user of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

1.2 Job Seekers, Hiring Managers, and Talent Agents

When you register and join the ZenLeap Service you become a User. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

2. Obligations

2.1 Service Eligibility

You’re eligible to enter into this Contract and you are at least our “Minimum Age.”

The Services are not for use by anyone under the age of 18.

To use the Services, you agree that: (1) you must be the “Minimum Age” (described above) or older; (2) you will only have one ZenLeap account for each role (job seeker, Hiring Manager, and Talent Agent), which must be in your real name; and (3) you are not already restricted by ZenLeap from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 18 years old. However, if law requires that you must be older for ZenLeap to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account

You will keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

Users are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Talent Agent or Hiring Manager seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

2.3 Payment

You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.

We don't guarantee refunds.

If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.

If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Premium Services.

All your purchases of Services are subject to ZenLeap’s refund policy.

We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

2.4 Notices and Messages

You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Please review your settings to control and limit messages you receive from us.

3. Rights and Limits

3.1. Your License to ZenLeap

You own all the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive perpetual license to it.

As between you and ZenLeap, you own the content and information that you submit or post our Products or Services, and you are only granting ZenLeap and our affiliates the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

We will not include your content in advertisements for the products and services of third parties to others without your separate consent. However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy.

We will get your consent if we want to give others the right to publish your content beyond the Services. However, we enable search engines to make information in your anonymous profile findable though their services.

While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

You and ZenLeap agree that if content includes personal data, it is subject to our Privacy Policy.

You and ZenLeap agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to ZenLeap, you agree that ZenLeap can use and share (but does not have to) such feedback for any purpose without compensation to you.

You promise to only provide information skills and accomplishments that you have the right to share, and that your ZenLeap profile will be truthful.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. ZenLeap may be required by law to remove certain information or content in certain countries.

3.2 Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

ZenLeap is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps

Your use of others’ content and information posted on our Services, is at your own risk.

Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. ZenLeap generally does not review content provided by our Users or others. You agree that we are not responsible for others’ (including other Users) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Users have choices about this feature.

You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your ZenLeap account, that app or site can access information on ZenLeap related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, ZenLeap is not responsible for these other sites and apps – use these at your own risk. Please see our Privacy Policy.

3.4 Limits

We have the right to limit how you connect and interact on our Products and/or Services.

ZenLeap reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Users. ZenLeap reserves the right to restrict, suspend, or terminate your account if ZenLeap believes that you may be in breach of this Contract or law or are misusing the Services.

3.5 Intellectual Property Rights

We’re providing you notice about our intellectual property rights.

ZenLeap reserves all its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. ZenLeap logos and other ZenLeap trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of ZenLeap.

4. Disclaimer and Limit of Liability

4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, ZENLEAP AND ITS AFFILIATES (AND THOSE THAT ZENLEAP WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

ZENLEAP DOES NOT PROVIDE ANY GUARANTEE OF EMPLOYMENT NOR DOES THE USE OF OUR SERVICES GUARANTEE EMPLOYMENT NOR CONTINUED EMPLOYMENT.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2 Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS ZENLEAP HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), ZENLEAP AND ITS AFFILIATES (AND THOSE THAT ZENLEAP WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF ZENLEAP AND ITS AFFILIATES (AND THOSE THAT ZENLEAP WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ZENLEAP AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF ZENLEAP OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

5. Termination

We can each end this Contract anytime we want.

Both you and ZenLeap may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

Our rights to use and disclose your feedback;

Users and/or Visitors’ rights to further re-share content and information about your skills and accomplishment, to include any other profile data, through the Service to the extent copied or re-shared prior to termination;

Sections 4, 6, 7, and 8.2 of this Contract;

Any amounts owed by either party prior to termination remain owed after termination.

You can contact support to close your account.

6. Governing Law and Dispute Resolution

In the unlikely event we end up in a legal dispute, ZenLeap and you agree to resolve it in Texas courts using Texas law.

For those who live outside of the United States: You and ZenLeap agree that the laws of the State of Texas, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and ZenLeap both agree that all claims and disputes can be litigated only in the federal or state courts in Texas, USA, and you and ZenLeap each agree to personal jurisdiction in those courts.

7. General Terms

Here are some important details about the Contract.

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

To the extent allowed by law, the English language version of this Contract is binding, and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this Contract, that does not mean that ZenLeap has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your Usership or use of Services) to anyone without our consent. However, you agree that ZenLeap may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. ZenLeap “Dos and Don’ts”

8.1. Dos

ZenLeap is a community of professionals. This list of “Dos and Don’ts” along with our Professional Community Policies limit what you can and cannot do on our Services.

You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

Provide accurate information to us and keep it updated;

Use your real name on your profile; and

Use the Services in a professional manner.

8.2. Don’ts

You agree that you will not:

Create a false identity on ZenLeap, misrepresent your identity, create a User profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;

Override any security feature or bypass or circumvent any access controls or use limits of the

Service (such as caps on keyword searches or profile views);

Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of ZenLeap;

Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));

Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;

Violate the intellectual property or other rights of ZenLeap, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “ZenLeap” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;

Post anything that contains software viruses, worms, or any other harmful code;

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;

Imply or state that you are affiliated with or endorsed by ZenLeap without our express consent (e.g., representing yourself as an accredited ZenLeap trainer);

Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without ZenLeap’s consent;

Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without ZenLeap’s consent;

Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

Monitor the Services’ availability, performance or functionality for any competitive purpose;

Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);

Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

9. Complaints Regarding Content

Contact information for complaint about content provided by our Users.

We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Users.

10. Data & Privacy Policy

10.1. What kinds of information do we collect?

To provide the ZenLeap products and services we must collect and process information about you. The information we collect and the ways in which that information is used is explained below.

Things you and others do and provide

You have a choice about what information to include in your profile. Profile information helps you to get more from our Services, including helping recruiters and potential employers find you. It’s your choice whether to include sensitive information on your profile.

Please do not post or add personal data to your profile that you would not want to be publicly available.

Information and content, you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, interact with others profiles, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. It can also include what you see through features we provide. Our systems automatically process content and communications you and others provide to analyze context and what's in them for the purposes described below.

Your usage. We collect information about how you use our Products, such as the content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products, and what people and content you view on our Products.

Interactions between you and other users. We collect information about the people, companies, candidates, accounts, hashtags and talent pools you are connected to and how you interact with them across our Products, such as people you communicate with the most or talent pools you are part of.

Information about transactions made on our Products. If you use our Products for purchases or other financial transactions (such as when you subscribe to our service or unlock a candidate), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details.

We do not store your credit card information. We use a third-party provider to process and store your information in a secure manner.

Information about you, provided by other users. We also receive and analyze content, communications and information that other people provide when they use our Products. This can include information about you, such as when others interact with your profile, send a message to you, add you to their Talent Pool or request access to your contact information.

10.2. Device information

As described below, we collect information from and about the computers, phones, and other web-connected devices you use that integrate with our Products, and we combine this information across different devices you use.

Information we obtain from these devices includes:

Device attributes. Information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.

Identifiers. unique identifiers, device IDs, and other identifiers, such as from apps or accounts you use related to the ZenLeap family of products and services.

Device signals. Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.

Data from device settings. information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.

Network and connections. information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, and connection speed.

Cookie data. data from cookies stored on your device, including cookie IDs and settings.

Device Operations. information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).

10.3. How we use this information

We use the information we have as described below and to provide and support the ZenLeap Products and related services.

Provide, personalize and improve our Products. We use the information we have to deliver our Products, including to personalize features and content and make suggestions for you (such as candidates you may be interested in or skills that are hot in the current market) on and off our Products. To create personalized Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others; how you use and interact with our Products; and the people, skills, talent lakes, or talent pools you're connected to and interested in on and off our Products.

Provide measurement, analytics, and other business services. We use the information we have (including your activity off our Products, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services and understand the types of people who use their services and how people interact with their websites, apps, and services.

Promote safety, integrity and security. We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of ZenLeap Products. For example, we use data we have to investigate suspicious activity or violations of our terms or policies.

Communicate with you. We use the information we have to send you marketing communications, communicate with you about our Products, and let you know about our policies and terms. We also use your information to respond to you when you contact us.

Research and innovate for social good. We use the information we have (including from research partners we collaborate with) to conduct and support research and innovation on topics of general social welfare, technological advancement, public interest, health and well-being. For example, we analyze information we have about skill searches and hiring practices to provide insights into hiring trends and market needs.

10.4. How this information is shared

Your information is shared with others in the following ways:

Information shared with potential Employers and Talent Agents. Your information is shared with Talent Agents (recruiters) and Hiring Managers (Employers) on and off our products. Your information is also searchable and discoverable by other Job Seekers.

Information shared with ZenLeap. Your information is shared with ZenLeap staff and across ZenLeap products and services. This includes ZenLeap Talent Scouts (internal recruiters) and other ZenLeap systems such as reporting and analytic processes.

Information shared by others. Talent Agents and Hiring Managers can share your profile with others on and off the ZenLeap platform. For example, a Talent Agent may share your profile with potential hiring managers individually or as part of a group.

Information about your active status or presence on our Products. Users can see signals telling them whether you are active on our Products, including whether you are currently active on, or when you last used our Products.

10.5. Sharing with third party partners

We work with third-party partners who help us provide and improve our Products or Services, which makes it possible to operate our companies and provide free services to people around the world. We don't sell any of your information to anyone, and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties we share information with:

Partners who use our analytics services. We provide aggregated statistics and insights that help people and businesses understand how people are engaging with Talent Lakes, Skills, Candidates and other content on and off the ZenLeap Products. For example, Job Seekers receive information about the number of people or accounts who viewed, interacted with, or shared their profile, as well as aggregate demographic and other information that helps them understand interactions with their profile.

Measurement partners. We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners.

Vendors and service providers. We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating payments or conducting surveys.

Researchers and academics. We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that support our business or mission and enhances discovery and innovation on topics of general social welfare, technological advancement, economic development, public interest, health and well-being.

Law enforcement or legal requests. We share information with law enforcement or in response to legal requests.

11. How can I manage or delete information about me?

We provide you with the ability to access, rectify, and erase your data.

We store data until it is no longer necessary to provide our services and Products, or until your account is deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs.

When you delete your account, we delete everything associated with your account. This includes your skills, accomplishments, and profile and you won't be able to recover that information later. Information regarding interactions with you from other users isn't part of your account and won't be deleted.

Users can submit a request to delete their accounts by contacting ZenLeap Support at support@zenleap.net

12. How will we notify you of changes to this policy?

We'll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Products.