This SeekOut Use Policy (this “Use Policy“) governs your use of the SeekOut Services and is incorporated by reference into your Agreement with SeekOut. Capitalized terms not defined herein have the meanings set forth in the Agreement. SeekOut may update this Use Policy from time to time by posting a revised version at www.seekout.com/terms/use-policy.

1. ACCESS AND USE OF SERVICES

You will not, and will not permit any third party to:

• Monitor the availability, performance, or functionality of the SeekOut Services for any competitive purpose;
• Use the SeekOut Services for any purpose other than authorized and legal purposes consistent with all applicable laws and regulations;
• Upload, post, transmit, or otherwise make available through the SeekOut Services any content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another’s privacy; (ii) infringes any patent, trademark, trade secret, copyright, or other proprietary right; (iii) contains software viruses or other harmful code; or (iv) constitutes unsolicited commercial communications (spam);
• Interfere with or disrupt the SeekOut Services, servers, or networks connected to the SeekOut Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the SeekOut Services.

2. ACCESS AND USE OF PROTECTED MATERIALS

You will not, and will not permit any third party to:

• Sell, resell, license, sublicense, distribute, rent, or lease any Protected Materials, or include any Protected Materials in a service bureau or outsourcing offering;
• Use the SeekOut Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material;
• Use the SeekOut Services to store or transmit material in violation of third-party privacy rights;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the SeekOut Services or any software, documentation, or data related to the SeekOut Services;
• Modify, translate, or create derivative works based on the SeekOut Services or any Protected Materials;
• Copy, frame, or mirror any part of the SeekOut Services;
• Access or use the SeekOut Services for the purpose of building a competitive product or service or copying any features, functions, or graphics of the SeekOut Services;
• Remove or alter any proprietary notices, labels, or marks on the SeekOut Services or Protected Materials.

3. PERMITTED USES OF SEEKOUT DATA

You may use SeekOut Data solely for the following purposes:

• Internal business purposes related to recruiting, hiring, and talent management;
• Identifying and evaluating potential candidates for employment prior to the submission of an application;
• Analyzing attributes of existing personnel for internal talent optimization and workforce planning purposes.

4. PROHIBITED USES OF SEEKOUT DATA

You will not, and will not permit any third party to:

• Sell, share, disclose, or otherwise make available SeekOut Data to any third party, except as expressly permitted by your Agreement;
• Use SeekOut Data for any purpose that would constitute a “consumer report” or “investigative consumer report” under the Fair Credit Reporting Act (“FCRA“) or any similar state law, including but not limited to making employment decisions based on SeekOut Data as a consumer report;
• Use SeekOut Data to discriminate against any individual on the basis of race, color, religion, sex, national origin, age, disability, genetic information, veteran status, sexual orientation, gender identity, or any other characteristic protected by applicable law;
• Use SeekOut Data in any manner that violates applicable laws or regulations.

5. DATA AS-IS

SeekOut Data is provided “as is” and without warranty of any kind, express or implied. SeekOut does not warrant the accuracy, completeness, timeliness, or reliability of any SeekOut Data. You acknowledge that SeekOut Data may contain errors or inaccuracies and that you are solely responsible for verifying the accuracy of any SeekOut Data before relying on it for any purpose.

6. COMMUNICATIONS

You are the sole initiator of any communications sent through or in connection with the SeekOut Services. SeekOut does not send communications on your behalf and is not responsible for the content of any communications you send. You will comply with all applicable laws and regulations governing electronic communications, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and any applicable state or international laws governing electronic communications and marketing.

7. CONTACTING CANDIDATES

When contacting candidates identified through the SeekOut Services:

• You will initiate contact through manual means only, including individual phone calls and personalized emails. Automated dialing, bulk messaging, and automated outreach campaigns are prohibited unless expressly approved by SeekOut;
• You will respect all opt-out requests and promptly cease contacting any individual who requests not to be contacted;
• You will identify yourself and your organization in all communications;
• You will comply with all applicable laws governing outreach to candidates, including privacy and data protection laws.

8. EXPORT AND SANCTIONS COMPLIANCE

You will not use the SeekOut Services in any manner that would violate applicable export control or sanctions laws and regulations, including but not limited to:

• Using or exporting the SeekOut Services to or from any country, territory, or region that is subject to a comprehensive US embargo (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine);
• Providing access to the SeekOut Services to any individual or entity on the US Department of the Treasury’s Office of Foreign Assets Control (“OFAC“) Specially Designated Nationals and Blocked Persons List, or any other applicable sanctions list;
• Using the SeekOut Services in violation of any applicable laws relating to foreign adversaries, including laws restricting the transfer of personal data to foreign adversary countries or entities controlled by foreign adversary governments.

You represent and warrant that you are not located in, under the control of, or a national or resident of any embargoed territory, and that you are not on any applicable sanctions list.