iDatafy LLC Terms of Service for SmartResume®

Welcome to SmartResume®, a product of iDatafy LLC.   We are pleased to provide you with a new type of resume that allows for trusted organizations to easily certify your skills and academic accomplishments.   Our goal is to provide you with a certified resume that helps give you an advantage over other job seekers and makes it easy for you to connect with employers on your own or through our partner platform. 

By agreeing to our Terms of Service, you will be able to customize and use your certified SmartResume (“the  Service,” or  “our Service”).  As a SmartResume recipient (“Recipient”), you will not be asked to pay any fees associated with your personalized SmartResume by us, by your education institution(s), by workforce skills certifier(s) or by your existing or potential employer(s).

This Term of Service governs the use of our free SmartResume service to you and outlines our mutual responsibilities.  We anticipate that our Terms of Service will change over time as we continue to add new features to our service.  In the event that we make a material change to our Service we will ask that you review our revised Terms of Service and agree to the new Terms if they are acceptable to you. 

Information Collected

We consider your data privacy to be our most important responsibility as a service provider.  At no point do we seek out or use sensitive personal information such as a recipient’s Social Security number, financial account information, insurance account information or health related information in conjunction with the creation or updates to their SmartResume.  Instead, we only ask our trusted certifying partners for student record information that complies with the “directory information” guidelines set forth in the Family Educational Rights and Privacy Act (FERPA).  FERPA defines “directory information” as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed.  Our education institution partners have been instructed to only share the “non-restricted” directory information of their current students and alumni. 

Purposes, Use and Disclosure of Information

We want to be very clear about the information that we utilize to create and maintain your SmartResume along with why we use it:

Trusted educational organizations, government agencies and workplace skill certifiers share the following Personal Data with us in order for us to create and maintain an individual SmartResume:  Recipient name, address, phone number, email address, date of birth, participation in officially recognized activities and sports, student id # (when allowed), dates of attendance, academic honors earned and workforce skill proficiencies.

This information is shared with us by our certifying partners to allow for the identification of their individual SmartResume recipients.  The individual recipients are given the opportunity to update their name, address and contact information on their SmartResume.  This includes the ability for the Recipient to control contact preferences (phone, SMS and email) and the contact information presented on their personal SmartResume.  Our recipients are always in control of their data.

Information such as academic field of study, academic honors, activity participation and leadership (if applicable) are certified by trusted institutions and make up the foundation of a Recipient’s SmartResume.  Some of this information may be used in an attempt to identify occupations that would be of interest to each Recipient so that we can better prioritize job listings for them.  By accepting our Terms of Use, you agree to allow iDatafy LLC to seek out additional certified academic, workplace skill information and professional licensure information about you so that we can attempt to include it on future versions of your SmartResume.  Recipients are always able to hide any award certifications on their SmartResume that they do not want to share or they feel is incorrect.  Recipients have the ability to set both their Job and Occupation Interests in the “My Preferences” section of our Service.  If a Recipient feels that we have incorrectly categorized their occupational interest, then the Recipient can override our selection for them.  The Recipient is always in control of their job and occupational interests.

We only use the Recipient date of birth and student id information to help authenticate the identity of new SmartResume recipients that choose to activate their SmartResume via our website.  At no point do we share or publish this information with the public or SmartResume employer partners.

As a SmartResume Recipient, we give you the power to:

1. Decide whether you want to use our Service.  If you choose not to use our Service, then your SmartResume will not be activated and it will not be visible to any third parties other than your certifying organization.

2. Customize your own SmartResume and add as many new resume sections as you like.

3. Save a copy of your own SmartResume as a PDF so that you can email your SmartResume to anyone that you wish.  Please note that if you save your SmartResume as a PDF then no certification data will be visible on that specific document.

4. Set your own job preference settings.  We give you the ability to signal to potential employers whether you are actively looking for employment, passively looking for employment or not interested in seeking new employment.  If you select the “not interested in new employment” option, then employers will not be able to see even your anonymized SmartResume.  We also give you the ability to identify current SmartResume employer partners that you do not want to be able to view your SmartResume or your job preferences.

5. Be forgotten and not contacted by iDatafy LLC.  Simply email us at forgetme@smartresume.com or write us a letter and address it to iDatafy LLC, Attention:  Legal Department (Forget Me), 417 Main Street, Little Rock, AR 72201.  Communicate that you would like to be removed from further SmartResume correspondence and you do not want a SmartResume maintained by the specific organization that provided your directory information.  Please provide your trusted organization and Student ID to allow us to better match your request.

6. Share your certified SmartResume with leading employer partners directly from our platform.

7. Directly apply for open job listings from our Service partners

8. Control how you would like to be notified when SmartResume messages are waiting for you

9. Select job occupations that you are interested in and edit any suggested job occupation settings that our Service may have pre-selected you for based on your field of study.

As a SmartResume Recipient, you are not permitted to:

1. Upload, post or share your SmartResume on any third-party websites such as Linkedin®, Indeed.com®, Twitter® or any other commercial websites other than ours without the express written consent of an executive officer of iDatafy LLC.

2. Infringe, misappropriate or violate any third-party intellectual property rights.  SmartResume®, IDATAFIER™ and IDATAFY® are all trademarks belonging to iDatafy LLC.

3. Post any information or images that would violate any applicable law or could be seen as giving rise to civil liability.

4. Promote harassment, hatred, violence, discrimination or any other illegal activity.

5. Post links to any third-party website, such as Linkedin on your SmartResume.

6. Scrape any job listings from our Service and re-post or share with other third parties.

General Guidelines

Upon activation of your SmartResume we encourage you to review the academic, co-curricular and/or workforce skill certifications that your organization(s) have already verified for you.  In the event that any certifications are incorrect, please contact us via feedback@smartresume.com so that we can connect with the appropriate resource to address the issue.  You have the ability to temporarily “hide” any certification that you do not want visible on your SmartResume whether it is correct or incorrect.  Just click the “Hide” button next to the applicable section on your SmartResume to do so.  Once you have verified that the information on your SmartResume is correct, please feel free to add your own sections as well.

We also encourage you to customize your SmartResume preferences on the “My Preferences” tab.  This will allow you to signal whether you are interested in connecting with our employer partners and it also offers the opportunity to review and set your occupation preferences so we can prioritize our job listings in an optimal manner.

Matching Job Seekers With Employers

You acknowledge that the Service may determine whether the certified awards or words of your resume or any other individuals’ resume match the words of certain job descriptions, and vice versa, in order to improve the Service or any other iDatafy LLC product or service (including by displaying or otherwise making available potentially relevant job descriptions and resumes to Job Seekers and Employers).

iDatafy LLC may also provide information collected pursuant to our Privacy Policy, including Personal Data, to Employers that may be interested in contacting you. By applying to a job, answering screener questions, not restricting access to your activate SmartResume in "My Preferences," providing your contact information to show interest in a job, or by replying to a message from an Employer, you agree to the disclosure of your Personal Information to that Employer. iDatafy LLC may also provide the results of any preference forms you complete, or are completed on your behalf by iDatafy LLC, to Employers.

If you have an activated SmartResume account, you agree that iDatafy LLC may contact you or suggest you or your SmartResume to Employers that might be interested in a person who matches your qualifications on SmartResume.

In addition, if you are located in the United States and you set your “Level of Interest” on SmartResume to “Actively looking for new employment,” this means that IDatafy may share all of the aforementioned information about yourself with recruiters working for or on behalf of Employers.

Sharing Your SmartResume and Replying to Employer Messages on our Service Platform

SmartResume provides a two-way message proxy and relay services to our users (“Message Service”).  By utilizing our Message Service, you acknowledge that you are asking SmartResume to send these messages on your behalf. This includes your SmartResume, messages, and other materials.

We process, monitor, review, store and analyze such content, including via automated means, for data analysis, quality control, enforcement of the Site Rules and other iDatafy LLC policies, content moderation, and to improve the Site or any other iDatafy LLC product or service. Examples of such improvements would be optimizing our search results, improving Job Listings, ensuring you are provided with personally relevant product features and communications, and preventing fraud and spam. As a result of this activity, or due to technical malfunction, in certain circumstances such content may be delayed or may not be delivered to the intended recipient. SmartResume may (but is not obligated to) notify you in such an event. By using a Message Service or otherwise providing User Content through the Site, you agree to this activity and acknowledge that this activity is necessary for maintaining the quality of the Site and for providing the Message Service.

SmartResume Is Free For Your Personal Use

There is no cost to you to use your SmartResume for personal purposes.  We will never ask that you share any financial account information and we caution you to be wary of other resume services that do. 

How Does SmartResume Make Money If You Don’t Charge Me?

Our business model is focused on charging employers and/or recruiters a fee when we help them discover, connect and/or hire certify job talent that has chosen to use our SmartResume service.  Employers and Recruiters will only be able search for the SmartResumes of Users that have Opted-In to our Service AND have not restricted their SmartResume visibility status in the My Preferences section of our Service. 

Data Security 

All personally identifiable information (eg, name, address, phone, email address, etc.) data items are stored in AES Encrypted format in order to provide a security layer against potential data-breaches.  Access to the data is administered through our application.

Warranty Disclaimer 

iDatafy does not warrant the results from the SmartResume platform (the “Results”) as being error free.  The Results are provided on an “as is”, “as available” basis.  By accessing our Service, you are representing and warranting that your activities are lawful in every jurisdiction where you access or use the service.

Intellectual Property and Ownership Rights

All right, title and interest in and to the Service, including all intellectual property rights therein, are and will remain with iDatafy LLC. iDatafy LLC shall retain rights to any and all revenue, profits and ownership interest in the Service and Recipient shall not derive any financial benefit from the same. By virtue of this Term of Service, no rights or licenses are granted to another Party.  In particular, nothing in this Term of Service shall be construed as granting to a Party any license, right, immunity, title or interest in or to any Intellectual Property of the other Party that does not already exist prior to the Effective Date.

Limitation of Liability

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

Unless prohibited by law, you agree to defend, indemnify and hold iDatafy LLC harmless from and against any claims, liabilities, damages, expenses and losses, including without limitation, reasonable attorney’s fees and costs arising out of, or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):  (1) your provided Content or your access to or use of the Service; (2) your breach or alleged breach of these Terms of Service; (3) your violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (4) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (5) any misrepresentation made by you.  You will cooperate as fully required by iDatafy LLC in the defense of any claim.  iDatafy LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of iDatafy LLC.

Dispute Resolution

You agree that any dispute between you and iDatafy LLC arising out of or relating to these Terms of Service, the SmartResume Service, or any other SmartResume related products (collectively, “Disputes”) will be governed by the arbitration process outlined here.

Governing Law & Venue

This Agreement shall be interpreted for all purposes consistent with the laws of the State of Arkansas.

Informal Dispute Resolution

We want to address and hopefully resolve your concerns without needing a legal case if possible.  Before filing a claim against iDatafy LLC, you agree to try to resolve the Dispute informally by contacting us at: help@smartresume.com. We will try to resolve the Dispute informally by contacting you through email.  If a Dispute is not resolved within fifteen (15) days after submission, you or iDatafy LLC may bring a formal proceeding.

We Both Agree to Arbitrate

You and iDatafy LLC agree to resolve all Disputes through final and binding arbitration, except as set forth under Exceptions to Arbitrate Agreement found below.

Arbitration Procedures

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.  The arbitration will be held in the United States county where you live or work or any other mutually agreeable location that iDatafy LLC agrees to.

Arbitration Fees

The American Arbitration Association rules will govern payment of all arbitration fees.  iDatafy LLC will pay all arbitration fees for claims less than $5,000.  iDatafy LLC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Arbitrate Agreement

iDatafy LLC may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the SmartResume Service, or infringement of intellectual property rights such as trademark, trade secret, patent rights or copyrights without first engaging in arbitration or informal dispute resolution.

No Class Actions

You may only resolve Disputes with iDatafy LLC on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

Limitation on Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

GDPR

Individuals located in the European Economic Area have certain rights in respect to their personal information and iDatafy LLC will provide these capabilities to all of our recipients, including:

· The data right to be forgotten

· The data right to access your personal records

· The data right to hide or correct inaccurate personal data

· The data right to restrict future processing of personal data

· The data right to save a copy of your SmartResume for your own use

As described in this Policy, when iDatafy LLC processes your data at the direction of a Partner, we act as their Processor and comply with requests they send us under GDPR.  As a SmartResume Recipient:

· We rely on your consent as a lawful basis for processing personal data to provide you with marketing or promotional communications.

· We process personal data in order to provide you with services as requested by your University, government agency or workforce skill certifier to perform our contract with you as described in this document, including but not limited to:

• Enable the Service to function as expected; and
• Communicate with you in response to inquiries

· Additionally, we process personal data based on our “legitimate interests” in providing you the Service as described in this document to provide you with job opportunities from our employer partners

Minimum Age of our Recipients

The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for iDatafy LLC to lawfully provide the services in the Service to you, then that shall apply as the applicable minimum age. If you are under the age of 18 or the age of majority in your jurisdiction, you agree to use the Service under the supervision of your parent, legal guardian or responsible adult.

iDatafy LLC adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email feedback@smartresume.com.

Cookies

As a visitor to our website, we may place a small piece of software referred to as a “cookie” on your computer.  You can remove cookies through your browser preferences menu if you do not want them enabled.  If you visit from a mobile device, we may reference your device identifier or other information about where your visit originated.  Further, our messaging and/or email communications may contain web beacons or similar technology which can track when a message has been opened or read.

Support for Users With Disabilities

iDatafy LLC strives to make SmartResume accessible and valuable to all verified recipients.  We encourage any user that suffers from a disability that makes it difficult for them to use their SmartResume to reach out to us for assistance at the following email address:  help@smartresume.com.  We can also work with legal guardians on behalf of the disabled user when necessary.

How to Opt-Out of Communications

To stop receiving notifications or contact from Employers, please visit “My Preferences,” then click on “Level of Interest” and update your preferences to indicate that “I am not interested in hearing from any employers whatsoever at this time.”  Please note that we cannot stop an employer from contacting you if you have directly emailed your SmartResume to them outside of our platform.

To stop receiving notifications from the Service, please visit “My Preferences,” then click on “Alert Preferences” and update your selection to suit your needs.  You also have the ability to unsubscribe from iDatafy LLC email communication at the bottom of all of our emails.

Do Not Track Signals

We are not able to respond to Do Not Track signals send by browsers at this time.

Termination

We reserve the right to terminate or suspend your account for violation of our Terms of Service or in the event that your certifying organization has opted to no longer provide updates to our Service.

Updated: December 1, 2019