Please read these additional terms carefully as they supplement (“Supplemental Terms”) the Freshworks Terms of Service (“Terms”) and will be specifically applicable to use of the on-demand recruitment and talent acquisition solution provided by Freshworks, Inc., for recruiters, human resources team & managers for recruitment or talent acquisition (“Freshteam”) in addition to the Terms. The capitalized terms used in these Supplemental Terms but not defined herein shall have the same meaning as defined in the Terms. In the event of a conflict between the terms of these Supplemental Terms and the Terms, these Supplemental Terms shall prevail.
You acknowledge and agree that You will access and use Freshteam only for Your internal business purposes and that You will not provide any third party with access to Freshteam through Your Account. You further agree that We will not be liable for any loss or corruption of Your Data, or for any costs or expenses associated with backing up or restoring any of Your Data or any claims, losses, expenses, costs or damages arising from such unauthorized use of Freshteam.
2.1. “Service Data” means any data that is collected from Your Users and Candidates through Your Account in connection with Your use of Freshteam, including but not limited to the following:
2.1.1. Directory. Contact Information, such as name, email address, mailing address, phone number, date of birth, gender, emergency contact information of the Users collected at the time of employment and creation of employee profile. Subject to the Service Plan to which You have subscribed, You may have the option to collect additional information, including sensitive or personal information, from Users. The Service allows the Users to modify, rectify and update their personal data within the Service.
2.1.2.Application Form. Candidates’ contact information, such as name, email address, mailing address, phone number, links to Candidates’ social networking profiles or any custom field that You may add to the form to be filled by Candidates at the time of submitting their resumes.
2.2. Our Roles. You and We hereby agree that You shall determine purposes and the methods pursuant to which We shall process the Personal Data which forms part of Service Data. You acknowledge that by using Freshteam, You are consenting, on behalf of You and Your Users and Candidates to the Processing of Service Data, including, without limitation, any Personal Data, within the Group Companies and for further processing by the third-party service providers We utilize to provide Freshteam. Further, You understand that it is Your obligation to provide appropriate notices to and obtain necessary consents under applicable law, from Users and Candidates for processing of their Personal Data by Us pursuant to Your use of Freshteam. For the purposes of the Directive, You and We agree that You shall be deemed to be the data controller and We shall be deemed to be the data processor.
2.3. During Your use of Freshteam, You understand that:
2.3.1 Unless deleted by You, any resume submitted by a Candidate through Freshteam shall be retained for archival purposes until deleted by Us in accordance with the Terms.
2.3.2 You may delete a User’s data from Freshteam. Upon such deletion, Freshteam will retain information like business e-mail address, identification number, designation of such User (“Retained User Information”) in order to not break any old associations relating to such User within Your Account. Except the Retained User Information, all the other data that You delete will be deleted from Freshteam. Retained User Information will be deleted in accordance with the Terms. If You wish to permanently delete a User’s Retained User Information, You can write to firstname.lastname@example.org.
We strongly recommend that You export all Your Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us:
3.1 If You have subscribed to Sprout or a higher Service Plan, Your Data will be retained for a period of 15 days (“Data Retention Period”) from such termination within which You may contact Us to export Your Data. Beyond this Data Retention Period, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once it is deleted.
3.2 If You are on a free trial, and if You do not subscribe to any Service Plan upon expiry of Your free trial, We reserve the right to delete all Your Data immediately upon expiry of Your free trial. Your Data cannot be recovered once it is deleted.
3.3 If You have signed-up to Freshteam but not activated Your Account within 7 days from such sign-up, We reserve the right to delete Your Account immediately upon the expiry of the aforementioned 7 days.
4.1 Third Party Platforms. If a Candidate shares Personal Data with you through Your Account with Freshteam, You shall be solely responsible for such Personal Data whether it is publicly posted or privately transmitted through Your Account, on third party platforms such as Facebook, Twitter, Google + and LinkedIn (“Third Party Platforms”). These Third Party Platforms are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Platforms and that We are not responsible for your access or use of these Third Party Platforms, or for any loss or corruption of Your Data, or for any costs or expenses associated with backing up or restoring any of your data, or any claims, losses, expenses, costs or damages arising from such use of the Third Party Platforms.
4.2 Rating. Freshteam has a Rating feature through which You will have the ability to rate the Candidates. You acknowledge and agree that We do not have any control on the ratings that You provide to the Candidates. Further, You agree to use this feature in compliance with all applicable laws and if Your use of this feature violates any applicable law, You shall immediately cease using this feature.
4.3 If any Candidate shares Personal Data with You through Freshteam, You acknowledge that for the purposes of providing You the Resume Parsing feature within Freshteam (if available as part of Your Service Plan), We use a third party service provider to enhance, refine or otherwise improve the information and to extract relevant information from the data shared. The results derived by this tool shall be displayed for Your review under Candidate 360 within Freshteam. You understand that the analysis presented is based on the accuracy of the data shared and We shall not be liable to You for any inability to use or interpret the analysis.
During Your Subscription Term, You may request Us to import or export Your Data, as the case may be, into or from Freshteam respectively ("Data Migration"). You understand that We may access and process Your Data in connection with providing You support during Data Migration and You hereby expressly authorize Us to access and Process Your Data as may be required under this section.
Candidates: means any person or entity other than You or Your Users with whom You interact using Freshteam and who have submitted their resumes to You through Your Account with Freshteam.
Users: means those whom You designate as users within Freshteam, including an Account Administrator, Administrator, Your employees and other designated users;
Your Data: as defined in the Terms shall be deemed to include Service Data.