Use Policy

This SeekOut Use Policy (this “Policy”) applies to your access and use of the SeekOut Services and SeekOut Data. This Policy is incorporated into and forms a part of the governing agreement between you and SeekOut. SeekOut may update this Policy from time to time and will notify you of such updates by revising the date above. Capitalized terms not otherwise defined in this Policy have the meanings assigned to them in the SeekOut Terms of Service with an effective date of February 1, 2023 located at www.seekout.com/tos.

1. Access and Use of the SeekOut Services. You acknowledge and agree that SeekOut does not monitor or police the content of communications or the data you or your users transmit through the SeekOut Services. SeekOut is not responsible for the content of any such communications, data, or transmissions. You will use the SeekOut Services exclusively for authorized and legal purposes, consistent with all applicable laws and regulations. You will not post or upload any content or data that: (i) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening; (ii) contains computer viruses, worms, Trojan horses, or other harmful or malicious code, files, scripts, agents, or programs; (iii) violates the rights of others, such as data which infringes on any intellectual property rights or violates any right of privacy or publicity; or (iv) otherwise violates any applicable law. You will neither interfere with or disrupt networks connected to the SeekOut Services nor interfere with another entity's use and enjoyment of similar services. You will comply with all regulations, policies, and procedures of networks connected to the SeekOut Services. SeekOut may, in its sole discretion, remove any violating content posted on or transmitted through the SeekOut Services without notice. SeekOut may suspend or terminate any user’s access to the SeekOut Services with or without notice if SeekOut reasonably determines that such user has violated the terms of the Agreement.

2. Access and Use of Protected Materials. You will not, yourself or through any affiliate, employee, consultant, contractor, agent, or other third party: (i) sell, resell, distribute, host, lease, rent, license, or sublicense, in whole or in part, the Protected Materials; (ii) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer, or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure, or other elements of the Protected Materials, in whole or in part, for competitive purposes or otherwise; (iii) allow access to, provide, divulge, or make available the Protected Materials to any user other than your employees who have a need to such access and who are bound by a nondisclosure agreement with provisions that are at least as restrictive as the terms of the Agreement; (iv) allow any access to or use of the Protected Materials in excess of the License Metrics specified in the applicable Order Form(s) or allow access by anyone other than an assigned user; (v) write or develop any derivative works of, or based upon, the Protected Materials; (vi) modify, adapt, translate, or otherwise make any changes to the Protected Materials or any part thereof; (vii) use the Protected Materials to provide processing services to third parties, or otherwise use the same on a ‘service bureau’ basis; (viii) disclose or publish, without SeekOut’s prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Protected Materials; (ix) allow any access or use of the Protected Materials to or by any third party without SeekOut’s prior written consent for any purpose, including but not limited to outsourcing, installation, upgrade, and customization services; or (x) otherwise use or copy the Protected Materials except as expressly permitted in the Agreement.

3. Permitted Uses of SeekOut Data. We offer SeekOut Data only for our customers’ internal business purposes of: (i) for SeekOut Recruit customers, identifying, analyzing, and contacting potential internal or external candidates for employment opportunities prior to any application process for such opportunities, or other general recruiting purposes; and (ii) for SeekOut Grow customers only, (a) analyzing attributes of existing personnel for maximizing the leverage from internal talent; understanding skills, capabilities, and potential of internal talent; driving retention of talent; driving talent development; and allocating talent to highest priority business opportunities; and (b) providing employees with a self-service career growth platform that enables skill development, internal mobility, and people connections.

4. Prohibited Uses of SeekOut Data. You are expressly prohibited from: (i) selling, sharing, leasing, or renting SeekOut Data or otherwise making SeekOut Data available to any third party; (ii) using the SeekOut Services or SeekOut Data to determine a consumer’s eligibility for (a) credit or insurance for personal, family, or household purposes, (b) employment, (c) a government license or benefit, or (d) any other purpose governed by the Fair Credit Reporting Act (“FCRA”); or (iii) using SeekOut Data for any unlawful purpose, including but not limited to unlawfully discriminating against or engaging in harassing behavior toward any individual.

5. Data Provided As-Is. You hereby acknowledge and accept that SeekOut provides SeekOut Data to you “AS IS AND WITH ALL FAULTS.” SeekOut makes no representation or warranty, express or implied, regarding the accuracy or completeness of SeekOut Data or results sought to be obtained with SeekOut Data.

6. Communications. Customer agrees that, as between the Parties, Customer is the sole initiator of any call or other communication transmitted through the SeekOut Services or using SeekOut Data. SeekOut is not responsible for reviewing the contents of any communication made or received by Customer, nor is it responsible for obtaining any necessary consents or permissions from the recipients of Customer’s communications. Customer agrees to familiarize itself with and abide by all applicable laws and regulations that place restrictions on certain types of phone calls, emails, SMS, MMS, or other electronic messages (including allowing and complying with opt out, unsubscribe, and similar choices), and Customer is solely responsible for all acts or omissions that occur under the Agreement.

7. Contacting Candidates. To the extent you use SeekOut Data to communicate with any individual, you acknowledge that you will (i) manually place any phone calls or text messages sent to any individual and will not use any autodialers or other technology that contacts individuals without human intervention; and (ii) respect any choices any individuals make, including to opt out of receiving further communications by any means from you.