Each time you access or use Torre’s online and/or mobile services and websites, including any Torre mobile application and browser extension or plugin, regardless of where it is downloaded from, any software, service, feature, product, program, chatbot, and element (including e-mail messages, notifications, and other messages) provided by or on behalf of Torre on or in connection with such services or websites (collectively, the “Product”) , including any products, programs, and services described in these Terms of Service, (a) you represent that you have read and understand the Cookie Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the following entity or entities:

Torre Labs, Inc. 3141 Stevens Creek Blvd #40984, San Jose CA, 95117, US.

Any references to “Torre”, "we", or “us” in this Agreement shall mean the applicable entity as set forth above.

The Product is made available for use only by individuals searching for employment openings, services, or information related to their personal employment or job search (“Candidates”), by individuals and/or organizations seeking information related to hiring or human resources, seeking Candidates, or seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties and employment agencies (“Talent Seekers”). You acknowledge and agree that your license to use the Product is automatically revoked upon your attempt to use the Product for any other purpose.

Except as otherwise provided below, Torre does not act as an employment agency, or any other type of agent, by providing the Product or its tools. Torre provides the Product solely as an independent contractor and does not have authority to act or make employment decisions on behalf of Talent Seekers or Candidates. Nothing in this Agreement or on the Product should be construed as creating an agency relationship between us and Talent Seekers.

If you are accessing or using the Product in your capacity as an employee or other representative of a Talent Seeker, you are agreeing to this Agreement on behalf of yourself and such Talent Seeker, as applicable, and you represent and warrant that you have the authority to bind such Talent Seeker, as applicable, to this Agreement.

You acknowledge that Torre owns a copyright in the Product, including in compilations of information available through any of the foregoing.

Torre may reject, remove, or limit visibility to any User Content, and Torre may disable any account or restrict your ability to use all or parts of the Product, for any or no reason without notice. Although Torre may indicate why User Content or an account has been removed or disabled, we cannot give every reason why User Content or an account may be removed. We always retain the right to remove any User Content or account if we feel it is in our interest or our Users’ interest.

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Product. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Product following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Product (including access to the Product via any third-party links); charge, modify or waive any fees required to use the Product; or offer opportunities to some or all Product users.

This Agreement hereby incorporates by this reference any additional terms and conditions posted by Torre through the Product, or otherwise made available to you by Torre.

B. Terms of Service for All Users

The following terms and conditions apply to everyone who accesses or uses any part of the Product, or attempts to do so, or otherwise accepts this Agreement.

When you access or use the Product, you agree to the terms and conditions of this Agreement. You agree that Torre may perform the activities described in this Agreement, and you acknowledge that otherwise the Product cannot work as intended. You agree not to submit or post any commercial communications to the Product. Using the Product for commercial communications is a violation of this Agreement. If you disagree with any part of this Agreement or you do not wish to authorize the activity it describes, do not use the Product. You agree you have read and acknowledge Torre’s Cookie Policy and Privacy Policy.

1. Content Licensing

The text, trademarks, trade names, trade dress, service marks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on the Product ("Content") may be subject to patent, copyright, trademark and other intellectual property protection. Access to and use of the Product is solely for your personal use, information, education, entertainment, or enlightenment. You may download, copy or print the Content of the Product for your personal non-commercial use only, and unless otherwise permitted by a separate written agreement between you and us , you must not copy, distribute, or modify the Content, or repost the Content to another Product. No right, title or interest in any of the Content of the Product is transferred to you as a result of any downloading, copying, printing or use of the Product or its Content. Nothing contained on the Product or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any Content without our written permission or the written permission of such third party (as applicable) that may own or license the Content.

2. User Content

Some parts of the Product, or our APIs, allow users to post content or data such as Job Ads, resumes, reviews, information, text, images, audio, video, messages, Your Professional Genome, and other materials. Any data that a user or other party submits, posts, publishes, displays, or makes available on or through the Product, or otherwise provides to Torre, is called “User Content.”

Torre is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. Torre does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that Torre has no obligation or liability with regard to publishing, monitoring, or removing User Content. Torre also has no obligation or liability regarding the accuracy of User Content which may be translated on our site automatically.

If you provide User Content, it must comply with Torre’s Terms of Service. These rules, policies, and terms include but are not limited to the following: Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communication besides Job Openings under this Agreement. Your User Content must not be harmful to anyone, especially minors.

Torre may monitor and screen User Content and may use it to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. In some cases, if we determine that your User Content or actions have violated our Terms or any Torre policy or are detrimental to other users, we may place restrictions on other accounts that we suspect are affiliated or associated with you. Torre has no obligation to monitor any particular user or User Content, and Torre makes no guarantee that any particular User Content will be removed.

Torre reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the Product; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Torre may honor subpoenas, search warrants, law enforcement or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.

Torre is an interactive computer service, has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the Product or services for any or no reason. Torre has no obligation to include any User Content in any part of the Product (for example, Job Ads in search results). Whether any User Content violates any Torre policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any material that any party seeks to post on Torre, will always remain within the sole discretion of Torre. You agree that Torre has no liability or obligation to you or anyone else arising from its editorial decisions.

When you provide User Content you grant Torre a license to use it. Specifically, you grant Torre a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reformat, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the Torre website or its publishers or third party sites, maintaining or improving the Torre website (including without limitation for the purposes of training a model that recommends content to other users), and promoting Torre and such User Content without restriction. No compensation in any form shall be due or payable to you in connection with Torre’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Torre’s exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. Torre shall terminate this licensed use within a commercially reasonable term after User Content has been removed from the Torre website. Torre reserves the right to refuse to accept, post, display or make available any User Content at its sole discretion.

Furthermore, you grant to Torre, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any Torre marketing materials containing or incorporating such User Content, or (iii) any actions by Torre to promote or publicize such User Content (e.g. Job Listings), such as the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from Torre’s exercise of its rights pursuant to the license granted hereunder.

You represent and warrant that: (i) you own the User Content that you provide, or that you have the right to grant this license, (ii) your User Content, and Torre’s use of it, will not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person, and (iii) use of your User Content will not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person by reason of such User Content. You agree to defend, indemnify and hold harmless Torre and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Torre to locate and remove such User Content on the Product; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content.

User Content may be used to develop, train, or enhance artificial intelligence or machine learning models that are part of Torre’s products and services, including third-party components of the Product, and you authorize Torre to process your User Content for such purposes. Torre will use commercially reasonable efforts consistent with industry standard technology to de-identify User Content before such use. Due to the nature of artificial intelligence and machine learning, information generated by these features may be incorrect or inaccurate. Product features that include artificial intelligence or machine learning models are not human and are not a substitute for human oversight.

At your discretion, you may provide feedback or opinions about Torre or the Product, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). Torre is free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. If you provide Feedback to Torre, you hereby grant to Torre a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. Torre may disclose any or all Feedback to any third party in any manner, and may sublicense any or all Feedback in any form to any third party without restriction. Accepting any Feedback does not constitute a waiver of any rights to use similar or related ideas previously known to Torre, or developed by its employees, or obtained from sources other than you.

3. Professional Genomes

By creating a profile through the Product, claiming your professional genome, or uploading a file resume on the Product (collectively, “Your Professional Genome”), you are requesting and authorizing Torre to make available Your Professional Genome to anyone accessing our Product, such as Talent Seekers or Candidates that Torre believes may have an interest in Your Professional Genome, or anyone with access to the URL associated with Your Professional Genome. You are responsible for keeping Your Professional Genome accurate and up-to-date.

Applying to jobs, publishing jobs, or otherwise sharing Your Professional Genome may result in Your Professional Genome being copied and published. Professional Genomes, including yours, can be copied by search engines and other third parties accessing the Product, who can then make those Professional Genomes publicly available elsewhere. Torre does not control such third parties. Changes to Your Professional Genome on the Product may or may not be reflected on copies made by third parties. Torre assumes no responsibility and disclaims all liability for Your Professional Genome, your information, or application information that you share with Talent Seekers or otherwise make public.

By creating Your Professional Genome, you are requesting and authorizing Torre, or a Torre vendor, to review or scan Your Professional Genome and provide you feedback (at Torre’s discretion), including suggested changes.

Your Professional Genome consists of information you provide on the Product. This includes your resume , your scores on any assessments you may have taken, publicly available information about you, and any information that you choose to provide on the Product, such as your desired job title, job types, work schedule, qualifications, preferences, whether you are ready to work, hire, or pay.

To mitigate fraud, Torre may mask or hide your contact information, for example, we may mask or hide your email address and/or phone number, from Your Professional Genome, your resume, or application, and may substitute it with an alias. Torre makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is in Torre’s sole discretion.

4. Copyright Infringement

Pursuant to our rights under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. §512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on the Product. Our copyright agent is Alex Torrenegra. The agent can be reached at: legal@torre.ai.

5. DMCA Infringement Notification

To be effective, infringement notifications sent to our copyright agent must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material
Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted.
The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
The following statement: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

We will remove or disable access to the content that is alleged to be infringing;
We will forward the written notification to the alleged infringer; and
We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from us, the alleged infringer will have the opportunity to respond to us with a counter notification ("Counter Notification"). To be effective, a Counter Notification must be a written communication provided to our copyright agent, and must include the following:

A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
The following statement: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; and
The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district in which the subscriber's address is located, or if the subscriber's address is outside of the United States, any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon the copyright agent's receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled. We will comply with this requirement as required by law, provided that our copyright agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.

6. Prohibited Use and Access

You are prohibited from using or accessing the Product or its Content for any unlawful, obscene, or immoral purpose, or any purpose that is likely to cause liability to yourself or others, including without limitation:

to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights or privacy rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Product, other websites, or the Internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, or otherwise contact users of the Product;
to spider, crawl, or scrape the Content of the Product;
to interfere with or circumvent the security features of the Product, other websites, or the Internet.

We reserve the right to terminate your use of the Product for using or accessing the site in any prohibited manner.

7. Product Updates and Accuracy

We undertake no obligation to update, amend or clarify information on the Product, including, without limitation, pricing or product information, except as required by law. No specified update or refresh date applied on the Product should be taken to indicate that all information on the Product has been modified or updated. Please remember when reviewing information on the Product that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Product to become inaccurate or incomplete.

On occasion, information on the Product may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, product descriptions, or product shipping charges and transit times. We reserve the right to, at any time and without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Product is inaccurate (including after you have submitted your points for redemption).

8. Restrictions

Except as expressly permitted by this Agreement, you will not (and will not allow anyone else to): (i) reverse engineer, decompile, or attempt to discover any source code or underlying ideas or algorithms of the Product (except to the extent applicable laws prohibit this restriction); (ii) provide, sell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the Product; (iii) remove any proprietary notices or labels; (iv) copy, modify, or create derivative works of the Product; (v) conduct security or vulnerability tests on, interfere with the operation of, cause performance degradation of, or circumvent access restrictions of the Product; (vi) access accounts, information, data, or portions of the Product to which you do not have explicit authorization; (vii) use the Product to develop a competing service or product; (viii) use the Product with any high risk activities or with any activity prohibited by applicable laws; or (ix) use the Product to obtain unauthorized access to anyone else’s networks or equipment.

9 . Communication

Torre may enable chatbots (“Emma”) , which allows you to take certain actions on the Product. You acknowledge and agree that Torre collects, records, processes, analyzes, and stores any and all communications that you have with Emma or other chat features on the Product, and that Torre may use vendors as an extension of the Product to collect, record, process, analyze, and store this data. You understand that Emma is an automated service that may or may not involve human interaction. It is your responsibility to ensure the accuracy and completeness of information submitted through Emma. Torre is not responsible for any loss, damage or inconvenience arising as a consequence of the use (or inability to use) Emma or from the information you submit via Emma. You acknowledge and agree that any decisions or actions taken by Emma are not legally binding, and Torre shall not be held liable for any legal consequences resulting from such decisions or actions.

If you use Emma, whose responses are sometimes powered by artificial intelligence, your conversations will be processed by Torre and our artificial intelligence providers, according to our Torre Terms of Service and Privacy Policy. Output you receive from Emma (the “Replies”) may be generated by artificial intelligence. The Replies are owned by or otherwise licensed by Torre, and are not owned by you. The Replies are subject to Torre’s Terms of Service. Replies may contain User Content, and your interaction with and use of User Content is subject to the User Content section of Torre’s Terms of Service for all users. Given the probabilistic nature of machine learning, use of Emma may in some situations result in incorrect output in the Replies that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Reply as appropriate.

By registering for a Torre account, you agree to receive mandatory updates regarding account activity to your Torre account. You agree that by providing your phone number or email address or using the Product, you are establishing a business relationship with Torre and that Torre may send you email and text messages in connection with that relationship.

Torre may enable in-app messaging services (“Torre Messenger”), as well as text messaging relay, email relay, and/or call relay services through our Product directly or through vendors to help facilitate contact between Talent Seekers and Candidates about a Job Opening. Torre may also enable you and/or Talent Seekers to connect with each other on Torre Messenger via third-party providers. Torre reserves the right, in its sole discretion, to turn off or disable Torre Messenger or other communication options at any time without prior notice and for any or no reason. Please note that since relay services depend on the functionality of third-party providers, there may be technical delays and other errors on the part of those providers. We cannot vouch for the technical capabilities of any third parties to send or receive communications, such as text messages, emails or calls. We also do not guarantee that Torre’s integrations with these third-party providers or interface will be error-free. Further, we do not guarantee that communications sent to or through Torre Messenger will be delivered, received, accessed, read or acted upon. However, Torre may alert you when any of the above events occur. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

This Section is not intended to limit the disclaimer in Section 11.

10. Limitations on Liability

YOU ACKNOWLEDGE , BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; AND (2) THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR, OUR AFFILIATES', AGENTS', LICENSORS' OR SUPPLIERS' TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED 50 DOLLARS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR AFFILIATES', AGENTS', LICENSORS' AND SUPPLIERS' DAMAGES IN SUCH JURISDICTIONS ARE HEREBY LIMITED TO THE EXTENT PERMITTED BY LAW.

11. Disclaimer

THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE SITE, AND WE MAKE NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NONE OF OUR EMPLOYEES, AGENTS OR REPRESENTATIVES IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, WE DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

WE RESERVE THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WE WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

12. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THESE TERMS.

13. Termination

The Terms will remain in effect until you cease using the Product. Notwithstanding anything in the Terms to the contrary, the parties understand and agree that all terms and conditions of these Terms that may require continued performance, compliance, or effect beyond the termination date of the Terms will survive termination of these Terms and will be enforceable by the parties. We may also terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to the Product, if in our sole discretion, you fail to comply with any term or provision of these Terms. Upon any termination of these Terms, you must promptly destroy all materials downloaded or otherwise obtained from the Product, as well as copies of such materials, whether made under these Terms or otherwise, unless otherwise permitted by separate written agreement with us.

14. Arbitration

All disputes arising out of or relating to these Terms (including its formation, performance, interpretation, applicability, enforceability or alleged breach) or your use of our Product will be exclusively resolved under confidential binding arbitration held in California in accordance with the rules and procedures of the American Arbitration Association ("AAA"). The parties shall request that AAA appoint a single arbitrator. The award rendered by the arbitrator will be binding and may be entered as a judgment in, and enforced by, any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal courts located in California to enforce these terms or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

15. Governing Law

These Terms will be governed by and construed in accordance with the laws of California, without regard to its conflicts of law rules. For all disputes arising out of or relating to these Terms that cannot be resolved as specified under Section 14, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Santa Clara County, California.

16. U.S. Federal Government International Sanctions

In accordance to U.S. law we will not export to or acquire services with residents in the following countries : Burma, Cuba, Iran , North Korea, Sudan and Syria. We also reserve the right to not export or contract services with any person in the world that is subject to sanctions and embargoes as dictated by the United States Department of Treasury or any other implementing U.S. Government Agency.

17. Notice

When you visit the Product or send e-mails to us, you are communicating with us electronically, and by doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Product. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may e-mail notices to: legal@torre.ai.

18. Other

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence or geopolitical jurisdiction. These Terms are effective as of the Effective Date. None of our employees, agents or representatives are authorized to modify or amend these Terms. Unless specifically mentioned herein, the provisions and conditions of these Terms constitute the entire agreement between you and us related to the use of the Product and supersede any prior agreements or understandings not incorporated in these Terms. Certain users may have other contracts with us, and in cases of any conflict between the terms of such contracts and these Terms, the terms of the other contract will apply.

C . Terms of Service for Candidates

For purposes of this Section of the Torre General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Product in your capacity as a Candidate. As a Candidate, you are permitted to use Torre’s Product and its content solely for non-commercial purposes.

1. Job Openings

Torre may make available job openings , advertising employment opportunities and other job-related content, including links to third-party websites (“Job Openings”) , through Torre’s search results or otherwise through the Product. Searching for Job Openings on Torre is free for Candidates. Torre displays Job Openings based on a combination of compensation paid by employers to Torre and relevance, such as search terms, and other information provided and activities conducted on Torre. While Torre may in some circumstances be compensated by employers who post Job Openings, helping keep Torre job search free for Candidates, all Job Openings are considered advertising.

Job Openings are created and provided by third parties over whom Torre exercises no control; you acknowledge and understand that Torre has no control over the content of Job Openings, links to or from Job Openings, or any conditions third parties might impose once a Candidate has submitted an application or left the Product. For example, some of these third parties may attempt to charge Candidates a fee to apply to a particular job, although Torre endeavors not to make such Job Openings available on the Product. If you leave the Torre Product and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for sponsored, featured or paid placements, the Job Openings contained on, or linked from, the Product is indexed or posted in an automated manner. Torre has no obligation to screen any Job Openings, or to include any Job Openings, in its search results or other listings, and may exclude or remove any Job Openings from the Product or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that Torre has no obligation to present you with any or all Job Openings. We cannot confirm the accuracy or completeness of any Job Opening or other information submitted by any Talent Seeker or other user, including the identity of such Talent Seeker or other user. Torre assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Openings, or other information submitted by any Talent Seeker or other user.

When you initiate a job application on a website operated by a Talent Seeker or its applicant tracking system, Torre may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application Programming Interfaces (API), cookies, pixels and web beacons. The information collected includes, for example, information about job listings you viewed and job applications you started and completed. A Talent Seeker who uses tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that Torre has no control over such a Talent Seeker or its website. You agree to Torre’s use of, and receipt of information from, any such tracker functionality.

Torre may provide independent functionality to assist you. For example, Torre may provide search options to help you narrow down Job Openings search results by job type categories, and such categories are created independently and entirely by Torre, and may not directly or accurately reflect the content of the Job Openings. Torre may reformat Job Openings so that you may read them more clearly on a mobile device. Torre may also promote Job Openings by certain Talent Seekers on certain pages or websites dedicated to a specific topic. The placement of a Job Opening on a dedicated page or website is not a representation regarding the nature of the role for legal purposes (for example gig economy postings are not necessarily limited to contractor status jobs and may also include engagements for employment relationships) or a representation regarding the attributes of a Talent Seeker. Torre does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or website do not contain an exhaustive list of Job Openings, and no inferences can be drawn with respect to Job Openings or Talent Seekers that are not displayed on dedicated pages.

2. Partnerships

In certain markets, Torre works with organizations who are involved in helping Candidates find opportunities. Notwithstanding the possible use of the term “partner” or “partnership,” Torre’s engagement with these organizations does not create or imply a joint venture, partnership, principal-agent relationship, or any other form of joint enterprise between the “partner” organization and Torre. In some instances, Torre shares limited information back to these organizations about Candidates if Candidates agree to such sharing. For example, confirmation that a Candidate has created a Torre account or used one of our Products successfully (for example, by applying to a certain number of jobs or utilizing our career guides). These organizations may advertise their career services in partnership with Torre. Torre is not responsible for, and disclaims all responsibility and liability for the activities of these organizations and their career services. Torre does not guarantee the quality or effectiveness of any advice, recommendations, guidance or services you may receive from these third parties. You agree that, to the maximum extent permitted by law, Torre will have no liability arising from any interactions you have with such a third party organization.

In connection with Torre’s work with these organizations, Torre may offer Candidates opportunities to present particular skills and qualifications on their Professional Genomes in connection with training programs or courses they have taken. Candidates are ultimately responsible for the contents of their Professional Genomes, as well as their job searches and applications. Torre assumes no responsibility and disclaims all liability for resume or application information that Candidates share with Talent Seekers or otherwise make public. Torre makes no guarantees regarding your job application experience, that Your Professional Genome will be shown to a particular Talent Seeker, that Talent Seekers will contact you, or that you will receive job interviews or job offers.

3. Applying to Jobs Through Torre

Any resume or application information that you submit through the Product, including Personal Data included in a resume, application or responses to screener questions and assessments, is subject to this Agreement and to Torre’s Privacy Policy. To maintain the quality of the Product and Services, Torre in its sole discretion may impose limits on your ability to apply to Job Openings or to other Torre services. Use of any automation, scripting, or bots to automate the application process outside of Torre’s official vendors and tooling is prohibited.

Prior to submitting your application through Torre, you will be given the opportunity to review the information. It is important that you review this information carefully to ensure that what is being submitted is accurate and complete, and that you are applying to your desired Talent Seeker. Once you provide information to a Talent Seeker (whether in the form of a job application, resume, email, interview material or otherwise), Torre does not have control over the Talent Seeker’s use or disclosure of that information. If you want to request the Talent Seeker delete, modify, or maintain confidence over any such information, you must make such a request directly to the Talent Seeker. Unsubscribing from calls from Talent Seekers through Torre does not apply to interviews you have already scheduled. If you require alternative methods for applying, you must approach the Talent Seeker directly to request such an alternative method, as Torre is not responsible for the Talent Seeker application process.

When you ask Torre to submit your application or other information, you are sending Your Professional Genome and application information to Torre, and you are requesting and authorizing Torre to make available such application information to the applicable Talent Seeker(s) for the indicated Job Opening(s). You further agree to Torre’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. When you ask Torre to transmit an application or a message, including, but not limited to, a signed offer letter, to a Talent Seeker, or store such application, you understand that this is without warranty, and that Torre reserves the right to reformat such application or message. Additionally, you consent to your application and any responses sent to you by the Talent Seeker (including offer letters) through Torre being processed and analyzed by Torre according to this Agreement and Torre’s Privacy Policy.

You acknowledge and agree that Talent Seekers may request that Torre assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to Torre into one document, and you agree that in doing so, Torre assembles these application materials on your behalf. When you apply to a job using Torre, Torre will attempt to send your application to the contact information provided to us by a Talent Seeker or their agent, which may include sending your application to an Applicant Tracking System (ATS) or other service provider selected by the Talent Seeker. You agree that Talent Seekers can enable such service providers to access and manage their Torre accounts, including by connecting to and integrating with APIs provided or used by Torre. By applying for a job through Torre, you agree to Talent Seeker’s use of such service providers, and acknowledge that such use may involve an intermediary’s access to job applications sent to its Talent Seeker client. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. Torre also does not guarantee that any Talent Seeker will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. Torre depends on the Talent Seeker or the Talent Seeker’s agent to provide Torre with the correct destination for all applications, and we cannot vouch for the validity of the contact information provided to us by Talent Seekers. If the electronic destination provided to Torre is incorrect, your application materials will not be sent to the intended recipient of the application. Further, Torre does not guarantee that its integrations or the interface will be error-free. However, Torre may alert you when any of the above events occur.

Job Openings may expire or otherwise be removed between the time you submit your application and the time it is received, in which cases your application will be void. Torre has no responsibility for expired or removed Job Openings or for delivering applications prior to a Job Opening’s expiration or removal. Torre and its third party providers may store your application and related information regardless of whether a Job Opening has been closed or is no longer available on the Product. You may contact the Talent Seeker directly to find alternative methods of application if you do not wish to apply through Torre.

By using Torre, you agree that Torre is not responsible for the content of the Talent Seeker’s job application, requirements, messages, screener questions, skills assessments or their format or method of delivery, and that Torre does not guarantee receipt of your application by the Talent Seeker, or your receipt of messages from the Talent Seeker. Please note that Torre does not choose the questions asked by Talent Seekers or decide the job qualification criteria of Talent Seekers. Talent Seekers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable data protection or privacy laws. Talent Seekers are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You must contact the Talent Seeker if you require alternative methods of screening. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Talent Seeker without providing an answer. Torre cannot guarantee that the Talent Seeker will consider such an application or make a particular determination with regard to such an application. Talent Seekers may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex, disability and/or veteran status along with their job applications. Some Talent Seekers are required by law to ask these questions and you may see these questions when applying to jobs on Torre. Torre is not responsible for these questions. If you have questions or concerns about a Talent Seeker’s application materials, please contact the Talent Seeker directly or refer to their privacy policy. Torre does not guarantee the identity of a Talent Seeker or any individuals working for any Talent Seekers, and cautions Candidates when applying to jobs. Torre cannot make any guarantee regarding health and safety measures in a Talent Seeker’s hiring or interviewing process. Torre does not guarantee the validity of a job offer and cautions Candidates to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Candidates are solely responsible for verifying the accuracy of any Talent Seeker or job offer.

By applying to Torre and answering screener questions, you acknowledge that Talent Seekers may have instructed Torre to send out rejection notices if your answers do not match the answers sought by the Talent Seeker, and you acknowledge that Torre has no discretion in the transmission of these rejections. Torre may offer Talent Seekers the ability to activate a feature on their account called Auto-Triggered Messages. Activating Auto-Triggered Messages means the Talent Seeker is instructing Torre to send a message on the Talent Seeker’s behalf to the Candidate. These notices are automatically sent after a period of time selected by the Talent Seeker.. You acknowledge and agree that Torre has no discretion in the sending of these messages, and that any such messages are solely a result of the Talent Seeker’s decision to activate Auto-Triggered Messages. Any interactions the Talent Seeker has directly with you and not through a tool provided by Torre (for example, calling or emailing you directly instead of through a Torre Relay Service) are not visible to Torre. Torre assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of any Auto-Triggered Messages notices.

By applying through Torre and answering screener questions, you acknowledge that Talent Seekers may have instructed Torre to schedule interviews with Candidates who meet criteria that the Talent Seekers have selected, and based on the Talent Seekers’ availability. You agree that Torre has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the availability or criteria the Talent Seeker provided to Torre may not be accurate. Torre may request that Candidates confirm their interest in the position before scheduling an interview. It is ultimately your and the Talent Seeker’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Talent Seeker, who can choose to interview any Candidate at any time.

Torre may offer Talent Seekers functionality that groups applicants based on whether they meet or may meet Talent Seekers’ criteria, based on text in their Torre Professional Genomes or answers to screener questions. In all cases, Talent Seekers can view any applicant at any time, and Torre makes no decisions about any applicant. You agree that such functionality does not constitute or contribute to a decision, and is not a substitute for human discretion and review. The Talent Seeker is solely responsible for its screening and hiring decisions.

When you search for jobs on the Torre Job Search app and proceed to apply for a job, including jobs on third party sites, Torre may suggest information from your Torre profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.

You acknowledge that as part of its efforts to combat fraud and spam, Torre may require that users verify their email address. When you apply to a job through Torre, you agree that you may be required to verify your email address, and that failure to verify may lead to your application being rejected.

4. Job Matching and Recommended Jobs

Job matches are recommendations which may be presented to both you as a Candidate and to Talent Seekers in various formats on the Product. For example, Torre may recommend Job Openings which are similar to jobs to which you recently applied, or recommend Professional Genomes to Talent Seekers which match Job Openings they post.

To generate matches, Torre uses data collected through our Product from both Talent Seekers and Candidates. This includes Job Openings, Your Professional Genome, your application materials (including responses to screener questions), Torre Assessments, and your activity on Torre (such as searches you run and Job Openings you click on and apply to). You agree and consent that Torre may use this information to present potential matches to you and to potential Talent Seekers.

Torre may automatically send you recommended jobs via the email address or phone number you use to apply to a job or the email that is associated with your Torre account.

Torre may share with you Job Openings that match the contents of Your Professional Genome. Torre may also highlight to you items in Your Professional Genome that may match qualifications from the Job Opening, or highlight to you items that appear in the Job Opening and may be missing from Your Professional Genome. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Openings does not guarantee job interviews or hiring. Even where Torre highlights items or a Job Opening is shared with you, Torre assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Openings or highlights. By uploading a file resume on the Product, you agree that Torre may convert your file resume to a different file type. It is your responsibility to review Your Professional Genome to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Torre to do so. It may take a few days for updates to your account or Your Professional Genome to be reflected. Torre assumes no responsibility and disclaims all liability for Your Professional Genome or other application information you post, send or receive through the Product.

5. Communications and Other Actions on the Product

When you view, send, store or receive communications or materials (including Job Openings, resumes, messages, text messages, chats, emails, applications, questions and responses in applications, interview or other voice recordings or transcripts, and any other information) to, on or through the Product, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Products’ rules and other Torre policies, content moderation, and to improve the Product or any other Torre product or service. To achieve these purposes, we use this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models. Torre also uses vendors as an extension of the Product to collect, record, process, analyze, and store communication data. If you disagree with any part of these terms, do not use the Product.

When a Talent Seeker views, sends, stores or receives communications or materials to, on or through the Product, Torre may inform you about such actions. Additionally, we may also inform you that a Talent Seeker has taken other actions with regards to a Job Opening, your Resume, or your application, such as pausing or closing a Job Opening, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Opening. Torre may inform the Talent Seeker about activities you take on the Product or your use of the Product, for example, whether you are online, recently active, or active on Torre, and you hereby consent to Torre taking such actions. As part of this functionality, you may receive notifications via the app, email or platform corresponding with your or a Talent Seeker’s (in the event you applied for a job) activity on or use of the Product, Torre Messenger, or any other communications service, product, or feature provided on or through the Product. In all cases, such notifications are provided solely as a courtesy, and you should not rely on them.

Torre reserves the right to turn on or enable chat or other communication options for select Talent Seekers or Job Openings, in its sole discretion, and to notify you that chat or other communication options are available for a particular job or Talent Seeker. For example, you may see an option to chat with a Talent Seeker before applying to certain jobs. Whether or not you see that option depends on many factors, including whether the Talent Seeker turned on that functionality and the Talent Seeker and/ or Job Opening meet certain requirements. Torre may, in its sole discretion, turn off or disable chat for any Talent Seeker or Candidate at any time without prior notice.

6. Screening Tools

Torre may make screening tools available to Talent Seekers for Talent Seeker use in the application process, including screener questions, phone screen tools and assessments. Torre is licensing these tools for Talent Seekers’ use as determined by Talent Seekers. As a Candidate you agree that the Talent Seeker has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Talent Seeker, and are not being asked by Torre. The Talent Seeker is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”.

Torre does not act as an employment agency by offering screening tools. By using screening tools, you acknowledge and agree that Torre is not procuring employees for Talent Seekers or procuring opportunities to work for Candidates. Torre merely provides a tool enabling Talent Seekers and Candidates to exchange information as they determine. The sole responsibility for the content of any screening tools, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of screening tools, is solely with Talent Seekers or Candidates as applicable.

You further acknowledge that only the Talent Seeker is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. While Torre is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and Torre does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law.

8. Torre Assessments

Torre Assessments is an online tool for the provision and review of skills assessments (“Assessments”) and responses from Candidates (“Responses”) through the Product. After you provide a Response, the Talent Seeker will be able to use the Torre Assessments platform to review the Response.

An Assessment only evaluates a particular skill. It does not evaluate a Candidate’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Candidate is qualified or appropriate for a job, is decided solely by the Talent Seeker sending the Assessment and reviewing your Response. Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Talent Seeker. A Talent Seeker is the sole party to determine whether a Response indicates a qualified Candidate. Talent Seekers may have instructed Torre to send out rejection notices if you have not responded to Assessments in a manner acceptable to the Talent Seeker, and you acknowledge that Torre has no discretion in the transmission of these rejections. The Talent Seeker is the sole party to determine whether to consider any retaken Assessments as part of their hiring process.

Torre does not warrant that the method of delivery of any Assessment question is compliant with the Americans with Disabilities Act or any equivalent or similar law. You agree that Torre is not responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law, and that the responsibility for offering any such alternative method lies solely with Talent Seekers. If you require an accommodation, or any alternative method(s) of Assessment, screening or application, you must indicate it to the Talent Seeker.

You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You therefore agree to keep the content of Assessments and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with a Talent Seeker about an Assessment they have sent to you and your Response.

Torre does not have any obligation to screen any Assessment or Response, or to include any Assessment or Response on the Product, and may exclude or remove any Assessment or Response from the Product for any or no reason without liability or notice. Assessment links sent to you may continue to be active after a Talent Seeker has paused or closed their job campaign on Torre. Once a Talent Seeker pauses or closes their Job Opening (for example, after the Talent Seeker has made a hire), Torre cannot guarantee that the Talent Seeker will view any related notices or updates, including Assessments, Responses, and accommodation requests. You may still choose to take the Assessment for the purpose of adding its results to Your Professional Genome or for another job application.

Torre may also offer you the option to select an Assessment to complete independent of a particular job, and your Response will be associated with Your Professional Genome.

As a Candidate, you consent to your Responses, applications, and any other communications sent through Torre Assessments being processed and analyzed by Torre according to this Agreement and Torre’s Privacy Policy . You are requesting and authorizing Torre to make your Responses available to Talent Seekers and any Talent Seeker viewing Your Professional Genome. You understand that this is without warranty, and that Torre reserves the right to display or reformat Responses in a manner to permit Talent Seekers to review your Response together with Responses from other Candidates. Torre may aggregate the results of all Assessments for the purpose of displaying the percentile for Your Response. If there are multiple versions of the same Assessment, the Response percentile for any Candidate may be determined in relation to other Responses to the same version of that Assessment. Torre does not guarantee that any Talent Seeker will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, Torre may alert you when any of the above events occur.

As a Candidate, you shall not create or send any Response which: (i) contains any highly confidential personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country; (ii) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing).

Torre does not act as an employment agency by offering the Torre Assessments tool. By using Torre Assessments, you acknowledge and agree that Torre is not procuring employees for Talent Seekers or procuring opportunities to work for Candidates. Torre merely provides a tool enabling Talent Seekers and Candidates to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Torre Assessments, is solely with Talent Seekers or Candidates as applicable.

As a Candidate, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Talent Seeker.

Torre is not a third party beneficiary of or liable for any agreements between a Talent Seeker and Candidate, regardless of whether or not Torre receives a fee from the Talent Seeker in connection with the transaction. Torre will not be liable for any costs or damages arising out of or related to such transaction.

Torre assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Product, the Torre Assessments tool, and any Assessment or Response.

10. Salary and Other Information Provided by Torre

Torre may provide salary and other information and content to users for informational purposes only. For example, Torre may provide you with data regarding estimated salaries for a given Job Opening, number of applicants to a Job Opening, responses to certain screener questions for a Job Opening, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by Torre is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. Please note that all salary figures displayed on Torre are approximations based upon multiple third party submissions to Torre, including from Torre affiliates. These figures are given to Torre users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.

Torre may also display publicly available information about employers on Career Products. Information on Career Products is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. Torre assumes no responsibility, and disclaims all liability for the content, accuracy including the translation of any user generated content, completeness, legality, reliability, or availability of any Career Product.

11. Your Candidate Data

As a Candidate, you take a variety of actions on our Product and you provide various information. For example, you search for jobs, and Torre knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Openings), the Job Openings you apply to, your amount of activity or time of most recent activity on Torre, and any other information you provide directly to Torre including desired salary, past experience, any information in Your Professional Genome, and any of your other behavior on the Product. You know exactly what this data is because you are the person who provided the information or undertook the activity and the data pertains only to your activity. By using Torre, you acknowledge and agree that Torre collects, records, processes, analyzes, and stores any and all information you provide and activities you take on the Product, and any and all interactions and communications you have with, on, or through the Product.

12. Torre OS

Torre OS is a platform designed to streamline Talent Seeker hiring and employment decision- making processes by allowing users access to various products such as Torre Interview and related services (“Torre OS”). Talent Seekers may offer you the opportunity to participate in hiring activities that might be supported by Torre OS. You acknowledge and understand that Talent Seekers select the method and manner that Torre OS will be used for its job openings and that the Talent Seeker determines the job requirements and specific needs of its hiring efforts. YOU UNDERSTAND AND AGREE THAT TALENT SEEKER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, AND THAT TALENT SEEKER INDEMNIFIES TORRE AGAINST ANY AND ALL CLAIMS ARISING FROM TALENT SEEKER’S USE OF TORRE OS OR SIMILAR PRODUCTS.. Torre has no control nor participates in the hiring or decision-making process regarding Talent Seeker hiring efforts. Further, you understand that Torre is not an employment agency by offering Torre OS and related tools. By using Torre OS, you understand that Torre is not procuring employees for Talent Seeker or opportunities for Candidates. Torre merely provides Torre OS as a tool that enables Talent Seekers and Candidates to exchange information as they determine.

13. Torre RPO

Torre RPO provides recruitment services to its clients. When you apply to a job supported by Torre RPO, or otherwise engage with Torre RPO as a Candidate, you acknowledge and agree that Torre RPO may use the Product and its tools as an agent to Talent Seekers. You further agree that Torre RPO may use information you provide to Torre RPO and data collected through the Product to present potential job matches to you and to potential Talent Seekers.

Talent Seekers retaining Torre RPO are solely responsible for determining their job requirements, the specific needs of their hiring efforts, and their hiring decisions. By engaging with Torre RPO, you understand that you are not guaranteed job interviews, job placement, suitability for a particular position, or assurance of being hired, and you take full responsibility for your own decisions and actions during the recruitment process, including the acceptance or rejection of job offers.

B. Terms of Service for Talent Seekers

The following terms and conditions apply to all Talent Seekers and other users who access or use the Product as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. You further agree that the Torre's Terms of Service for All Users also apply. For the avoidance of doubt where the Terms of Service for All Users overlap or conflict with the Terms of Service for Talent Seekers, you agree that the Terms of Service for Talent Seekers will govern.

For purposes of this Section D of the Torre General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Product in your capacity as a Talent Seeker or other user as described above.

1. Talent Seeker Accounts

When you create a Talent Seeker account, a Career Product, or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Openings”) on the Product, or request Torre help to recruit candidates, whether as part of Torre Reach, Torre RPO, Torre OS, or otherwise, you agree that this Agreement, the terms associated with any Torre service you are using, and all of Torre’s policies, including the Torre's Privacy Policy and Cookie Policy , apply to you.

When you access or use the Product in your capacity as an employee or other representative of a Talent Seeker, or if you create a Talent Seeker account on behalf of a Talent Seeker, you represent and warrant that you have the authority to bind the Talent Seeker to this Agreement. When you create an account on behalf of a Talent Seeker, the account belongs to the Talent Seeker, and you acknowledge that any and all information that you provide Torre through the account, such as the actions you take and when you take them, will be visible to the Talent Seeker. As part of this account you may have an individual profile (“Talent Seeker Profile”). Your Talent Seeker Profile consists of information you provide on the Product in the “Account Settings” and “Talent Seeker Settings” section of the account.

In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admins”) of a Talent Seeker account invites other users to the same account. Admin(s) can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site, such as accessing account data, including candidate Personal Data, contained in the account of the user who initiated the invite, or purchasing services from Torre under such account. If you are an Admin adding a user to a Role or several Roles, you represent to Torre that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Torre from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, such as: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. When using a Linked Account, any users with access to certain Roles may also have the ability to purchase Torre products under your account, and you agree that you are responsible for the payment of all such purchases made. If you accept another user’s invitation to link your Talent Seeker account to their Talent Seeker account, you acknowledge that any and all information about your activity in your Talent Seeker account, such as the actions you take and when you take them, will be visible to all linked users. Administrators of Linked Accounts may retain certain information Linked Account users provide, such as an email address used to receive applications. The Admin assigned to a Talent Seeker account may also unlink any user from that Talent Seeker account at any time.

If your Torre account has a credit card or other payment method on file, Torre may charge that payment method for any products or services you order and for any outstanding payments, including to correct billing errors.

Torre may offer suggestions, recommendations, or information to users that may support or improve their experience on Torre Products. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As a Talent Seeker, you are responsible for your use of the Product and any tools offered therein, including your decisions regarding your job description, the requirements for your job, compliance with applicable laws, including relevant federal, state, and local laws related to job postings, and whom you interview or hire. Torre assumes no responsibility and disclaims all liability for any actions you take based on any information provided by Torre. Torre may limit your ability to post a job, or the visibility of your job, if it does not appear to indicate a salary above minimum wage, wage transparency laws, or does not comply with other applicable law; however Torre is not responsible for, and you are solely responsible for, compliance with minimum wage, local language and other legal requirements.

2. Talent Seeker Services

You also agree that, as a service to Candidates, Torre may activate a chatbot, which enables Candidates to apply to your Job Opening by answering questions. The answers a Candidate submits are presented to you as a job application. When you use Torre candidate management tools, including but not limited to Torre OS, you acknowledge and agree that Torre may make available functions allowing you to take actions regarding the Candidate, such as tools for setting up an interview, viewing a resume and rejecting a candidate. You agree that if you use such candidate management tools, Torre may assemble the candidate’s application materials, resume, answers to screener questions, assessment responses and other information the candidate provides to Torre into one document or webpage. You further agree that Torre is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention, reporting requirements or other applicable law. By using these tools you consent to any information shared through Torre being processed and analyzed by Torre according to this Agreement and Torre’s Privacy Policy. Torre may store such information regardless of whether a job vacancy has been filled. Candidate Summaries may be provided by Torre for certain Candidates in the Candidate Details page. These Summaries are populated with information from the Candidate and information provided by you in the Job Description. Candidate Summaries are not a recommendation for employment. Talent Seekers agree to review the full application and not to use such summaries as the basis for employment decisions. In a Candidate Summary or other product or service on the Product, you may see a verification of a Candidate’s skills, certifications, or other qualifications. Torre does not guarantee the accuracy of such verifications or information, and you are solely responsible for verifying information on the Product.

Whether you are using the Product directly or any ATS you are responsible for the contents of your emails, application form, screener questions or their format, criteria you set for inviting candidates to interview, Career Products that you create, update, or manage, any Job Openings that you post, and any messages that you send through Torre or otherwise, and agree that Torre is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that you are solely responsible for compliance with applicable law for all content on the Product, including minimum wage requirements, wage transparency laws, or any other law. If you include voluntary self-identification questions for Candidates along with your application materials, you are solely responsible for compliance with applicable laws related to such questions, including the content and format of the questions and your use of the Candidates’ responses. You are solely responsible for compliance with all applicable regulatory requirements related to collecting and reporting demographic information about applicants.

If you close or change any Job Openings that you post, you agree to promptly update such Job Openings on Torre or otherwise notify Torre. Torre may provide you with a mechanism for responding to requests for accommodations from Candidates. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Candidates.

You agree that Torre may reject or remove any Job Opening or any questions for Candidates for any or no reason. For example, Torre may remove any Job Opening or question that directly or indirectly discriminates against Candidates. Direct discrimination means, for example, that a Job Opening, requirement, or question specifically makes clear that only Candidates matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Opening, requirement, or question implicitly excludes certain classes of Candidates by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Opening, requirement, or question that directly or indirectly discriminates against Candidates or otherwise violates applicable law. You understand and agree that you are responsible for ensuring that your Job Opening requirements and criteria are job-related and in compliance with applicable law. Torre does not guarantee delivery, your receipt of the Candidate’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Talent Seeker dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.

When Candidates apply or RSVP to your Job Opening, Torre may give them the opportunity to provide certain demographic information to Torre, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status, as well as whether they have an arrest or conviction record (“demographic data”). This Torre demographic data survey is separate from any voluntary self-identification questions provided by Talent Seekers. You agree that Torre may collect demographic data from Candidates applying to your Job Opening using Torre’s demographic survey, and that Torre may use information from that survey to evaluate and improve our products. You further agree that you as a Talent Seeker have no ability, right, or entitlement to view or access demographic data collected via the Torre demographic data survey pertaining to any Candidate or related to any employer by any means including civil discovery, subpoena, or any other legal process without their permission. You agree you are solely responsible for complying with all applicable nondiscrimination laws. Torre disclaims any warranty regarding the demographic composition of Candidates applying to any particular job.

When you use Torre OS for your Job Openings, you acknowledge and agree that Torre may add functions into the corresponding Torre emails. In addition, Torre may, on your behalf, send out reminder emails to Candidates you wish to interview. Torre may also send emails to Candidates on your behalf indicating that your Job Opening is potentially a match for the Candidate’s resume. When you use screener questions, you may be given the option to instruct Torre to reject Candidates if the Candidate has not answered the questions in the manner set forth in the online instruction. If you choose such option, such candidates will receive rejection notices and may be set to ruled-out in your candidate dashboard. You further acknowledge that the Candidate may not have answered the screener questions accurately. When you use Torre OS, you may be given the option to send automatic rejection notices to candidates whose status you set to “ruled out.” If you choose such option, you acknowledge that Torre has no discretion in the transmission or storage of rejection notices.

Similarly, you may be given the option to use candidate management tools that schedule interviews on your behalf with Candidates who meet criteria you have selected. If you choose such option, Candidates will be scheduled for interviews and invited to interviews on your behalf based on whether information the Candidate has provided to Torre (e.g., answers to screener questions, resume, Torre Assessment Responses) matches criteria you have set. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You further agree that Torre has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the information the Candidate provided to Torre may not be accurate. Torre may request that Candidates confirm their interest in the position before scheduling an interview. It is ultimately the Talent Seeker’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Talent Seeker, who can choose to interview any Candidate at any time, and by scheduling such interviews, Torre does not warrant that a Candidate is qualified, meets the criteria the Talent Seeker has set, or that the information provided by the Candidate to Torre is accurate. Torre candidate management tools are intended to allow Talent Seekers to more efficiently connect with Candidates as they determine, and the sole responsibility for the content of any screener question, any decision to proceed or not proceed with interview or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of candidate management tools is solely with the Talent Seeker. By using this and other candidate management tools, you acknowledge and agree that Torre is not procuring employees for Talent Seekers or procuring opportunities to work for Candidates, and that Torre does not act as your employment agency by offering these candidate management tools.

Torre may highlight to Candidates qualifications required for your position in order to help the Candidates assess whether to apply for your role. Torre does not verify the identity of any Candidates who apply to your job listing, nor does Torre know a Candidate’s motivation for applying to your job listing, and thus provides no guarantee as to the Candidate’s qualifications or interest in your job listing. You agree that Torre Apply and Torre’s relay functions are presented to you without warranty and Torre assumes no responsibility for the communications between you and the Candidate, which communications are your and the Candidates’ sole responsibility.

By using any automated phone screen product, you agree that you are requesting Torre to send a Candidate a telephone number, which the Candidate may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by Torre. You also agree that you are only asking Torre to record the Candidate’s answers to your screening questions and that Torre will forward you the recording of the answers to your questions. You consent to Torre listening to and analyzing the recording in accordance with Torre’s Privacy Policy, as well as to Torre providing the recording to third parties to aid in analysis or quality of the product. Torre disclaims all warranties with regards to the transmission or storage of such phone screens and responses, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

You shall indemnify, defend and hold harmless Torre, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Career Product created or claimed by you, or any Job Opening, application materials, voluntary self-identification questions, or screener questions (or answers thereto) posted by you, or any message sent by you. Torre may make Job Opening analytics data available on a Career Product or elsewhere on the Product, and may provide analytics data regarding your Talent Seeker account to anyone at your company at Torre’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Torre product, Torre reserves the right to suspend or terminate your use of that Torre product as well as any other Torre product as set out in the IO for that product, including but not limited to those Torre products where you do not have an unpaid invoice or account balance. Torre may elect to apply (i) penalties for late payment as per the maximum interest permitted by law and (ii) any reasonable expenses and attorney fees Torre incurs collecting such late payments.

When you view, send, take action on, make a decision regarding, store, or receive materials (including Job Openings, resumes, applications, pre-recorded interviews, and messages) through or using the Product or any Applicant Tracking System (“ATS”), Torre may, for any purpose, use any data of such materials or action for data analysis, quality control, or to refine the Product or any other Torre product or service (including to provide better search results and other Job Openings for Candidates and Talent Seekers), whether via automated means or otherwise. Torre may also inform the Candidate of your actions or activity related to such materials through or using the Product or any ATS. For example, Torre may notify the Candidate about your activity or action related to a Job Opening (such as pausing or closing it), or Candidate’s application or Resume (for example, that you viewed or responded to it, or that you made a decision with respect to it). Torre may inform Candidates about activities you take on the Product, for example, whether you are online, recently active, or active on Torre. You hereby consent to Torre informing the Candidate about such actions and activities.

Torre, in its sole discretion, may add labels or badges to Talent Seeker names or Job Openings. Talent Seekers may also request that Torre add such labels. Torre shall determine the method by which such labels or badges are added or which Talent Seekers qualify. The lack of a label or badge may indicate that Torre does not have sufficient data to determine if a Talent Seeker qualifies. Some of the data may be provided by the Talent Seeker and Torre does not guarantee the accuracy of such data. Torre does not guarantee the accuracy of any label or badge that is added to Talent Seeker names or Job Openings based on employer provided data, including data on Job Openings. Torre reserves the right to change or remove such label or badge features at any time and in Torre’s sole discretion.

3. Job Match

Job matches are recommendations which may be presented to both you as a Talent Seeker and to Candidates in various formats on the Product. For example, Torre may recommend Professional Genomes which match Job Openings you have posted, or recommend Job Openings to Candidates which are similar to jobs to which they have recently applied. To generate matches, Torre uses data collected through our Product from both Talent Seekers and Candidates. This includes Job Openings, Resume, application materials (including responses to screener questions), Torre Assessments, and user activity on Torre (such as searches run and Job Openings clicked on and applied to). You agree and consent that Torre may use this information to present potential matches to you and to potential Candidates.

4. Salary Information Provided by Torre

Torre may provide some information and content to users for informational purposes only. For example, Torre may provide Candidates with data regarding estimated salaries for a given Job Opening, number of applies to a Job Opening, responses to certain screener questions for a Job listing, or provide you with estimated applies to your Job Opening. All such figures provided by Torre are estimates given for informational purposes only, may come from a third party, and they are subject to change or varying levels of accuracy. Torre may add labels or badges to Job Openings – such as pay types, specialties, benefits, or union associations – based on data contained within the job description. These are for informational purposes only and Torre does not guarantee the accuracy of any label or badge. Torre may also include salary estimations on pages other than Job Openings on the Product.

5. Auto-Triggered Messages

Torre may offer Talent Seekers the ability to activate a feature on their account called Auto-Triggered Messages. Activating Auto-Triggered Messages means the Talent Seeker is instructing Torre to send a message on the Talent Seeker’s behalf to the Candidate.

Torre may offer functionality that groups candidates based on whether they meet or may meet Talent Seekers’ criteria, based on text in their resumes, answers to screener questions, application completion, etc., and we offer Talent Seekers the ability to automatically schedule calls with applicants who meet their criteria as well. In all cases, Talent Seekers can view any applicant at any time, and Torre makes no decisions about any applicant. You agree that such functionality does not constitute or contribute to a decision, and is not a substitute for human discretion and review. You agree not to use such functionality as the sole factor, as a factor weighted more than other factors, or to modify or overrule conclusions derived from other factors, in your decision-making or hiring processes.

6. Communication through Torre

You may receive notifications via the app, email or Torre OS corresponding with your activity or use or a Candidate’s activity on or use of the Product, Torre Messenger, or any other communications service, product, or feature provided on or through the Product. In all cases, such notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Candidate, it is your responsibility to follow up with the Candidate separately to ensure they know about the interview, do not rely on notifications through Torre. Further, if you post a Job Opening directly on Torre, applications are sent to your Torre dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Candidate has not answered screener questions correctly, although these applications will be sent to your Torre dashboard. Torre disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

Torre may mask or hide contact information, such as phone numbers and email addresses, and substitute it with an alias. For example, Torre may mask Candidate contact information from resumes or applications. Torre may also mask your email address or phone number, and Candidates may see an alias email address or phone number when they communicate with you. You agree to a Candidate contacting you from a masked phone number or email. If you contact a Candidate from a masked phone number and you do not leave your contact information, after the masked number expires, the Candidate may not be able to contact you by phone unless you have provided your actual contact information to them. Once a Candidate has your contact info, you agree that Torre is not responsible or liable for the manner in which they may use the info.

If you, or anyone on your behalf, view, store, send or receive communication or materials, (including messages, text messages, chats, emails, interview or other voice recordings or transcripts, and any other information) to, on or through the Product, you agree to the communication or material being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Products’ rules and other Torre policies, content moderation, and to improve the Product or any other Torre product or service. To achieve these purposes, we use this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models. Torre also uses vendors as an extension of the Product to collect, record, process, analyze, and store communication data. If you disagree with any part of these terms, do not use the Product.

8. Career Sites

When you post a Job Opening directly on Torre, Torre may automatically generate for you a Career Site. You understand that Torre may display publicly available information about your company on the Career Site, in accordance with applicable law. You authorize Torre to claim such Career Site for you on your behalf, which will be marked as a “Claimed Profile” (or similar wording) and allows you to edit and add information to the Career Site. Career Sites allow User Content (as defined below) to be posted by individuals that may not be affiliated with the Talent Seekers identified on the Career Product.

Additionally, Torre may include all of your Job Openings posted on the Product on your Career Site, including those posted directly on Torre as well as those indexed by Torre from other sources. You agree that you are solely responsible for any content you edit or put on a Career Site, whether generated by or for you, including photograph(s) or videos you provide, and third-party websites reachable from content you put on a Career Site.

9. Candidate Import

Torre may offer a platform that allows you, or someone acting on your behalf or authority (such as a recruitment management service), to upload information about job applicants to Torre (hereafter “Imported Candidates” ) and to interact with Imported Candidates and direct Torre to interact with Imported Candidates on your behalf or directly by Torre (hereafter “Candidate Import”). You represent and warrant that you have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, Imported Candidates as required under applicable data protection or other relevant law for you to provide or otherwise make available their personal data to Torre using Candidate Import, and, without limiting the foregoing, (a) no Imported Candidate whose personal data you provide or otherwise make available to Torre using Candidate Import has exercised any right or made any request to you that would prevent or otherwise limit your ability to share such individual’s personal data with Torre for processing in connection with this Agreement, (b) that Torre may contact Imported Candidates as part of your hiring process, including asking them to create an account with Torre, enrich their Professional Genomes, perform assessments, answer screening questions, retract their application, and download or use one of Torre's Products (for example, Torre Messenger), (c) that Torre can share application information with Imported Candidates, including rankings, matching logic and details, application stage, and any other data related to their applications and how they compare against other candidates, (d) that Torre can contact Imported Candidates with new Job Openings posted by you or your affiliates, and (e) that unless you opted out from "Candidate Auto Engagement and Placement", Torre can offer Job Openings from other companies to each Imported Candidates that created a Torre account and accepted Torre's Terms of Service, after either (i) the Imported Candidate has been ruled out from any of your Job Openings, either manually or automatically, either by you or Torre, or ii) the stage of Imported Candidate at any of your Job Openings hasn't been changed by you or Torre, manually or automatically, for 60 days.

E. Terms of Service for Paid Products

These Terms of Service for Paid Products (“Terms of Service for Paid Products”) form a part of, and are incorporated into, the Torre's Terms of Service. By accessing or using any paid products, service, or offering of Torre, you agree i) to these Terms of Service for Paid Products, and ii) to the Torre's Terms of Service.

1. Paid Products

If an Order Form incorporates Torre OS, during the Subscription Period and subject to the terms of this Agreement, you may access and use Torre OS, the "Paid Product". Torre OS is a cloud service designed to streamline your recruitment process. It provides access to tools that help you distribute your Job Openings, manage your candidate pipeline, automate messages, automate interview scheduling, assess candidates, and automate communications.
If an Order Form incorporates Torre Reach, during the Subscription Period and subject to the terms of this Agreement, you may access and use Torre Reach, the "Paid Product". Torre Reach is a cloud service designed to attract candidates to your Job Openings. Torre does not guarantee reach, performance, placement, or distribution of Ads, all of which may vary depending on Torre's consideration of various factors, such as supply and demand, industry, type of role, and sponsorship. The distribution, placement, positioning, size, and location of Job Openings are determined by Torre in its sole discretion. It is your responsibility to monitor your Torre Reach campaigns and select the appropriate budget for each Job Opening. You can pause, unpause, or close your Torre Reach campaigns at any time. A budget or spending limit you set for one campaign does not limit how much you will spend on other campaigns or other services. For example, the budget and limits for Torre Reach Job Boards will not apply to Torre Reach Sourcing. If your Order Form does not contain an end date, your campaign will run, and you will continue to be billed, until you contact Torre to cancel. Torre may provide budget recommendations and performance estimates for a given budget (such as expected visibility or clicks), or other predictions related to your Job Opening. This data is provided “as is,” without warranty, and does not guarantee performance or visibility, or interaction with your Job Opening.

2. Order Form

“Order Form” means a document that is signed or electronically accepted by the parties, incorporates the Torre's Terms of Service, identifies Torre and you, and includes the key business details and Variables for this Agreement that are not defined in the Torre's Term of Service. An Order Form includes the policies and documents referenced in or attached to the Order Form. An Order Form may include details about the level of access and use granted to the Paid Product, length of Subscription Period, or other details about the Paid Product.

3. Defining Variables

Variables have the meanings or descriptions given on an Order Form. However, if the Order Form omits or does not define a Variable, the default meaning will be “none” or “not applicable” and the correlating clause, sentence, or section does not apply to that Agreement.

4. Fees

“Fees” means the applicable amounts described in an Order Form.

5. Affiliates

If an Affiliate of yours enters a separate Order Form with Torre, your Affiliate creates a separate agreement between Torre and that Affiliate, where Torre’s responsibility to the Affiliate is individual and separate from you and you are not responsible for its Affiliates’ agreement. “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest.

6. User Accounts

You are responsible for all actions on Users’ accounts and for all Users’ compliance with this Agreement. You and Users must protect the confidentiality of their passwords and login credentials. You will promptly notify Torre if it suspects or knows of any fraudulent activity with its accounts, passwords, or credentials, or if they become compromised. “User” means any individual who uses the Paid Product on your behalf or through your account.

7. Suspension

If you (a) have an outstanding, undisputed balance on its account for more than 30 days; (b) use the Paid Product in violation of the Agreement or in a way that materially and negatively impacts the Paid Product or others, then Torre may temporarily suspend your access to the Paid Product with or without notice. However, Torre will try to inform you before suspending your account when practical. Torre will reinstate your access to the Paid Product only if you resolve the underlying issue.

8. Fees

Unless the Order Form specifies a different currency, all Fees are in U.S. Dollars and are exclusive of taxes. Except for the prorated refund of prepaid Fees allowed with specific termination rights given in the Agreement, Fees are non-refundable.

9. Invoicing

For a Payment Process with invoicing, Torre will send invoices for usage-based Fees in arrears and for all other Fees in advance, in each case according to the Payment Process.

10. Automatic Payments

For a Payment Process with automatic payment, Torre will automatically charge the credit card, debit card, or other payment method on file for Fees according to the Payment Process and you authorize all such charges. In this case, Torre will make a copy of your bills or transaction history available to you.

11. Taxes

You are responsible for all duties, taxes, and levies that apply to Fees, including sales, use, VAT, GST, or withholding, that Torre itemizes and includes in an invoice. However, you are not responsible for Torre’s income taxes.

12. Payment

You will pay Torre Fees and taxes in U.S. Dollars, unless the Order Form specifies a different currency, according to the Payment Process.

13. Payment Dispute

If you have a good-faith disagreement about the Fees charged or invoiced, you must notify Torre about the dispute before payment is due, or within 30 days of an automatic payment, and must pay all undisputed amounts on time. The parties will work together to resolve the dispute within 15 days. If no resolution is agreed, each party may pursue any remedies available under the Agreement or applicable laws.

14. Term & Termination

For each Order Form, the Agreement will start on the Order Date, continue through the Subscription Period, and automatically renew for additional Subscription Periods unless one party gives notice of non-renewal to the other party before the Non-Renewal Notice Date.

Either party may terminate an Order Form immediately:

if the other party fails to cure a material breach of an Order Form following 30 days notice;
upon notice if the other party (i) materially breaches an Order Form in a manner that cannot be cured; (ii) dissolves or stops conducting business without a successor; (iii) makes an assignment for the benefit of creditors; or (iv) becomes the debtor in insolvency, receivership, or bankruptcy proceedings that continue for more than 60 days.

15. Force Majeure

Either party may terminate an affected Order Form upon notice if a Force Majeure Event prevents the Product from materially operating for 30 or more consecutive days. Torre will pay you a prorated refund of any prepaid Fees for the remainder of the Subscription Period. A Force Majeure Event does not excuse your obligation to pay Fees accrued prior to termination. “Force Majeure Event” means an unforeseen event outside a party’s reasonable control where the affected party took reasonable measures to avoid or mitigate the impacts of the event. Examples of these kinds of events include unpredicted natural disasters like a major earthquake, war, pandemic, riot, act of terrorism, or public utility or internet failure.

16. Mutual

Each party represents and warrants to the other that: (a) it has the legal power and authority to enter into this Agreement; (b) it is duly organized, validly existing, and in good standing under the applicable laws of the jurisdiction of its origin; and (c) it will comply with all applicable laws in performing its obligations or exercising its rights in this Agreement.

17. From Torre

Torre represents and warrants to you that it will not materially reduce the general functionality of the Paid Product during the Subscription Period.

18. Torre Warranty Remedy

If Torre breaches the warranty in Section 17, you must give Torre notice (with enough detail for Torre to understand or replicate the issue) within 45 days of discovering the issue. Within 45 days of receiving sufficient details of the warranty issue, Torre will attempt to restore the general functionality of the Paid Product. If Torre cannot resolve the issue, you may terminate the affected Order Form and Torre will pay to you a prorated refund of prepaid Fees for the remainder of the Subscription Period. Torre’s restoration obligation, and your termination right, are your only remedies if Torre does not meet the warranty in Section 17.

19. Disclaimer of Warranties

Torre makes no guarantees that the Paid Product will always be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. The warranties in Section 17 do not apply to any misuse or unauthorized modification of the Paid Product, nor to any Paid Product or service provided by anyone other than Torre. Except for the warranties in Section 17, Torre and you each disclaim all other warranties and conditions, whether express or implied, including the implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. These disclaimers apply to the maximum extent permitted by applicable laws.

20. Liability Caps

Each party’s total cumulative liability for all claims arising out of or relating to this Agreement will not be more than the Fees paid or payable by you to Torre in the 12 month period immediately before the claim.

21. Damages Waiver

Under no circumstances will either party be liable to the other for lost profits or revenues (whether direct or indirect), or for consequential, special, indirect, exemplary, punitive, or incidental damages relating to this Agreement, even if the party is informed of the possibility of this type of damage in advance.

22. Applicability

The limitations and waivers contained in Sections 20 (Liability Caps) and 21 (Damages Waiver) apply to all liability, whether in tort (including negligence), contract, breach of statutory duty, or otherwise.

23. Indemnification

Torre will indemnify, defend, and hold you harmless from and against any action, proceeding, or claim that the Paid Product, when used by you according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights, made by someone other than you, your Affiliates, or Users, and all out-of-pocket damages, awards, settlements, costs, and expenses, including reasonable attorneys’ fees and other legal expenses.

You will indemnify, defend, and hold harmless Torre from and against any action, proceeding, or claim that (1) the User Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights; or (2) results from your breach or alleged breach of Section 8 (Restrictions) of the Terms of Service for All Users, made by someone other than Torre or its Affiliates, and all out-of-pocket damages, awards, settlements, costs, and expenses, including reasonable attorneys’ fees and other legal expenses.

The indemnifying party’s obligations in this section are contingent upon the protected party: (a) promptly notifying the indemnifying party of each claim for which it seeks protection; (b) providing reasonable assistance to the indemnifying party at the indemnifying party’s expense; and (c) giving the indemnifying party sole control over the defense and settlement of each claim. A protected party may participate in a claim for which it seeks protection with its own attorneys only at its own expense. The indemnifying party may not agree to any settlement of a claim that contains an admission of fault or otherwise materially and adversely impacts the protected party without the prior written consent of the protected party.

If required by settlement or court order, or if deemed reasonably necessary in response to a claim, Torre may: (a) obtain the right for you to continue using the Paid Product; (b) replace or modify the affected component of the Paid Product without materially reducing the general functionality of the Paid Product; or (c) if neither (a) nor (b) are reasonable, terminate the affected Order Form and issue a prorated refund of prepaid Fees for the remainder of the Subscription Period.

24. Assignment

Neither party may assign any rights or obligations under this Agreement without the prior written consent of the other party. However, either party may assign this Agreement upon notice if the assigning party undergoes a merger, change of control, reorganization, or sale of all or substantially all its equity, business, or assets to which this Agreement relates. Any attempted but non-permitted assignment is void. This Agreement will be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

25. Beta Products

If Torre gives you access to a beta product, the beta product is provided “AS IS” and Section 17 does not apply. You acknowledge that beta products are experimental in nature and may be modified or removed at Torre’s discretion with or without notice.

26. Logo Rights

Torre may identify you and use your name and logo in marketing to identify you as a user of Torre’s products and services.

27. Notices

Any notice, request, or approval about the Agreement must be in writing and sent to the Notice Address. Notices will be deemed given (a) upon confirmed delivery if by email, registered or certified mail, or personal delivery; or (b) two days after mailing if by overnight commercial delivery.

28. Independent Contractors

The parties are independent contractors, not agents, partners, or joint venturers. Neither party is authorized to bind the other to any liability or obligation.

29. No Third-Party Beneficiary

There are no third-party beneficiaries of this Agreement.

F. Torre's Privacy Policy

Each time you access or use Torre’s online and/or mobile services and websites, including any Torre mobile application and browser extension or plugin, regardless of where it is downloaded from, any software, service, feature, product, program, chatbot, and element (including e-mail messages, notifications, and other messages) provided by or on behalf of Torre on or in connection with such services or websites (collectively, the “Product”), you agree to accept the practices described in this privacy policy (the "Privacy Policy"). If you do not agree to the terms of this Privacy Policy, please do not use the Product. This Privacy Policy is part of, and is governed by, the terms and conditions set forth in the Torre's Terms of Service.

Torre reserves the right to modify this Privacy Policy at any time, so each time you use the Product, you should check the date of this Privacy Policy (which appears above) and review any changes that have been made since your last visit to the Product. Where appropriate or required by law, we shall affirmatively notify you of any changes to this Privacy Policy.

We want to develop relationships with our customers based on respect and integrity. We are aware of the trust and confidence you demonstrate when you visit the Product and provide us with information. This Privacy Policy is posted to demonstrate our commitment to protecting your privacy online.

1. Information Collection By Torre

Information You Directly and Voluntarily Provide to Us: We collect the following types of personal information (collectively, "Personal Information") that you voluntarily provide through the Product.

Personal Identifiers. A "Personal Identifier" is information that can be used to identify and/or contact a natural person and includes name, postal address, telephone number, or email address.
Other Personal Information. "Other Personal Information" is information combined with Personal Identifiers that may include credit card information, purchase history, correspondence sent to us through the Product or information regarding your tastes and preferences. In addition, when you register with the Product we ask you to create a unique user ID and password which will be associated with the Personal Identifiers you have provided.

How We Directly Collect Personal Information: There are a number of different ways that we collect Personal Information from you. These may include:

Purchases. We collect your Personal Information when purchase Torre products through the Product. We will require sufficient information to complete your purchase, which will include your name, postal address, email address, telephone number and credit card information.
Customer Support. You may provide us with Personal Information when you call or email us to request technical assistance with our products or information that you would like to receive about our products.
Email/Direct Mail Campaigns That You Approve. If you elect to receive promotional communications from us, from time to time we may contact you with information about new products, promotions or special offers. If you want to stop receiving promotional communications from us, you can follow the unsubscribe instructions at the bottom of a promotional email or contact us at Torre.

Information That We Automatically Collect From Your Computer: We (or service providers on our behalf) may automatically collect information from you using "cookies" or "web beacons". Cookies are small amounts of data that are stored within your computer\'s Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time. Web beacons are web page elements that can recognize certain types of information on your computer such as cookies and the time and date of a page viewed.
Information collected by cookies and web beacons may include, without limitation:

the pages you visit within the Product;
the date and time of your visit to the Product;
the websites you visit before or after visiting the Product;
the Internet Protocol (IP) address used to connect your computer to the Internet;
your computer and connection information such as your browser type and version, operating system and platform; and/or
your purchase history.

We may use data gathered automatically from your computer to help us recognize you as a previous visitor to the Product, to serve relevant online advertising to you or to analyze trends and statistics to improve your experience of the Product. You can set your browser to reject cookies or to notify you when you are sent a cookie. You can also purchase and download software that will allow you to visit the Product without providing the information gathered by cookies. You are welcome to use the Product if you use such software, but your experience while visiting the Product may not be optimal.

2. Collection of Information by Third Parties

We use Google Analytics, a web analytics service provided by Google, Inc. ("Google"), to collect information about your use of the Product. Google may use cookies to collect information about what content you view, what purchases you make, the social media features you access, what websites you visit immediately prior to visiting the Product, and your system information and geographic information. The information generated by the Google cookies about your use of the Product (including your IP address) will be transmitted to and stored by Google. The information collected by Google allows us to analyze your use of the Product.

If you visit the Product from a third-party website the third-party website may give you a unique code, cookie or graphic which will uniquely identify you. This will only happen if you link directly from a third party website to the Product. Your activities on the Product while such a code is active may be reported back to the third party website. The presence of a third party navigation bar at the top of any page on the Product is an indication that the third party website may be able to see your activity on the Product

The Product may include third-party advertising, links to other websites, and other content from third-party businesses. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, may use web beacons and cookies to measure the effectiveness of their ads, personalize or optimize advertising content and to track users who click on the links made available through the Product. We do not have access to or control over web beacons or cookies that these third parties may use. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites you visit.

Some third-party advertising companies may provide a mechanism to opt-out of their technology. For more information about the opt out process, you may visit the Network Advertising Initiative website, available at http://www.networkadvertising.org/managing/opt_out.asp .

We may also provide social media features through the Product that enable you to share information with your social networks and to interact with Torre on various social media sites. Your use of these features may result in the collection or sharing of information about you by these sites, depending on the feature. We encourage you to review the privacy policies and settings on the social media sites with which you interact to make sure you understand the information that may be collected, used, and shared by those sites.

3. Use of Information Collected By Us

We use the information described above to process and fulfill any orders you place through the Product, including to send you emails to confirm your order status, to communicate with you and to send you information by email, postal mail, telephone or other means about our products, services, and promotions, unless you have directed us not to contact you with promotional communications. We may also use this information for our own statistical or analytical purposes, including to help us develop and improve our Product and/or products, and to tailor our Product to your interests.

4. Sharing of Information with Third Parties

Sharing of Information with Third Parties as expressly provided in this Privacy Policy, we will not rent, sell or otherwise disclose your Personal Information to unrelated or unaffiliated third parties without your consent. Our affiliated parties include, but are not limited to:

Service Providers: We may employ other companies or individuals ("Service Providers") to provide certain services to us or on our behalf, such as operating and supporting the Product, processing payments and fulfilling orders you place through the Product, analyzing data, understanding requests, chatting with chatbots, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf and are required to provide your Personal Information with at least the same level of protection and security as we use on the Product. Such Service Providers are prohibited from using your Personal Information for any purpose other than the purpose for which the applicable Service Provider was engaged by us and/or as stated in this Privacy Policy. Any Service Providers that use data received from us may only do so in accordance with this Privacy Policy.
Credit Card Companies: If you place an order through the Product, the information you provide will be transmitted to your credit card company to verify and authorize your purchase
Third Party Marketing Partners: We may, from time to time, share your Personal Information with a few carefully selected third party marketing partners that we believe offer products or services that may be of interest to you
Law Enforcement and Protection of Users: To the extent permitted by law, we will disclose Personal Information to government authorities or third parties pursuant to a legal request, subpoena or other legal process. We may also use or disclose your information as permitted by law to perform charge verifications, report or collect debts owed, fight fraud or protect our rights or property as well as those of our affiliates or customers. You should be aware that, following disclosure to any third party, your Personal Information may be accessible by others to the extent permitted or required by applicable law

5. Additional Privacy Protections for Children Using the Internet.

The Product is a general audience website and is not directed to children under the age of 13. We will never knowingly collect Personal Information from children under the age of 13 without verifiable parental consent. If you are under the age of 13, please do not provide us with Personal Information of any kind whatsoever. If we become aware that a user is under the age of 13 and has submitted Personal Information without verifiable parental consent, we will remove his or her Personal Information from our files. We understand that children may not fully understand all of the provisions of this Privacy Policy or make informed decisions about the choices that are made available to adult users of the Product. We encourage parents and guardians to spend time with their children online and to be familiar with the websites they visit.

6. Security

We will take all steps reasonably necessary to ensure your Personal Information is treated securely and in accordance with this Privacy Policy. We use appropriate security measures to protect against the loss, misuse or alteration of your Personal Information. All pages within our checkout process and areas containing Personal Information are secured using SSL (Secure Socket Layer) technology, which encrypts data between our computer and yours. No computer system is fully secure, however, and there are inherent risks associated with Internet transactions. To make sure your Internet browser is using the latest security features, you may want to download the most recent version of it, which should have full SSL support.

7. Corrections/Information Removal

If your name, e-mail or postal address, telephone number or other Personal Information changes, you may update, correct or omit the relevant information by contacting us at legal@torre.ai

8. Contact Information

If you have any questions or concerns about this Privacy Policy, please e-mail us at legal@torre.ai, or send a letter to: 3141 Stevens Creek Blvd #40984, San Jose CA, 95117, US.

9. Your California Privacy Rights

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Information that was shared with these third parties and the names and addresses of the third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to: legal@torre.ai

10. Business Transfer

In the event that Torre is sold, has its assets acquired or transferred, whether voluntarily or involuntarily, or merges or becomes affiliated with any other division, individual or entity, any customer information owned or under the control of Torre may be one of the transferred assets. We reserve the right, as part of such transaction, to transfer or assign the Personal Information and other information we have collected from users of the Product.

11. Limitations On Liability

IN NO EVENT WILL TORRE OR ITS AFFILIATES, LICENSEES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR THE RELATED PRODUCTS OR SERVICES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE). THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF TORRE OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Use of Information Outside of Your Country of Residence

If you are located outside of the United States and choose to provide your Personal Information to us, you should be aware that Torre may transfer your Personal Information to the United States and process it there. The privacy laws in the United States may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to such transfer.

13. Governing Law.

This Privacy Policy and any disputes relating hereto are governed by the laws of the State of California without regard to principles of conflicts of laws, and by using the Product, you consent to the exclusive jurisdiction of the state and federal courts in California for resolution of any disputes relating to this Privacy Policy and/or the Product and waive any objection thereto.

14. European Privacy Matters

The Product is hosted and operated in the United States (“U.S.”) through Torre and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Product, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Torre in the U.S. and will be hosted on U.S. servers, and you authorize Torre to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. pursuant to EU-US [and Swiss–US] Privacy Shield Framework.

15. GDPR

For this GDPR section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Torre will be the controller of your Personal Data processed in connection with the Products. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section, please contact us at legal@torre.ai .

Torre commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.

16. What Personal Data Do We Collect From You?

We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Products.

Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:

Full Name
Email Address
Company
Address
Product URL
Telephone number
Picture
Facebook Account
Credit Card Information (in conjunction with third party payment processor)

Information we receive from third party sources: Some third parties such as our business partners and service providers provide us with Personal Data about you, such as the following:

Account information for third party services: If you interact with a third party service when using our Products, such as if you use a third party service to log-in to our Products (e.g., Facebook), or if you share content from our Products through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.
Information we automatically collect when you use our Products: Some Personal Data is automatically collected when you use our Products, such as the following:

IP address
Device identifiers
Web browser information
Page view statistics
Browsing history
Usage information
Transaction information (e.g. transaction amount, date and time such transaction occurred)
Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.) --For more information,please review our Cookie Policy [create hyperlink].
Location information (e.g. IP address, zip code)
Log data (e.g. access times, hardware and software information)

17. How Do We Use Your Personal Data?

We process Personal Data to operate, improve, understand and personalize our Products and our products. For example, we use Personal Data to:

Create and manage user profiles
Communicate with you about the Products
Process orders
Contact you about Product announcements, updates or offers
Provide support and assistance for the Products
Personalize website content and communications based on your preferences
Meet contract or legal obligations
Respond to user inquiries
Fulfill user requests
Comply with our legal or contractual obligations
Resolve disputes
Protect against or deter fraudulent, illegal or harmful actions
Enforce our Terms of Service

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Products. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Products that require such data.

First and last name
Email address
Credit Card Information (in conjunction with third party payment processor)

Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.

First and last name
Email address
Mailing address
Telephone number
Gender
Facebook Account
Twitter Account
IP address
Device identifiers

Examples of these legitimate interests include:

Operation and improvement of our business, products and services
Marketing of our products and services
Provision of customer support
Protection from fraud or security threats
Compliance with legal obligations
Completion of corporate transactions

Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

18. How and With Whom Do We Share Your Data?

We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or Torre's Terms of Service . These parties include:

Payment processors
Fraud prevention service providers
Ad networks
Analytics service providers
Staff augmentation and contract personnel
Hosting service providers
Co-location service providers
Telecommunications service providers
Support software service providers
Project management software service providers

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:

Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Products)
Social media services (if you interact with them through your use of the Products)
Third party business partners who you access through the Products
Other parties authorized by you

We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected).

We also share Personal Data when we believe it is necessary to:

Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
Protect us, our business or our users, for example to enforce Torre's Terms of Service , prevent spam or other unwanted communications and investigate or protect against fraud
Maintain the security of our products and services

Last, we share Personal Data with our affiliates or other members of our corporate family. Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

19. How Long Do We Retain Your Personal Data?

We retain Personal Data about you as long as you have an open account with us and for 6 months after you close your account. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

20. What Security Measures Do We Use?

We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, our system stores information in relational databases, which are hosted in Rackspace and accessible only by a VPN that is protected by a password. Each database has its own responsibility (users, payments, among others), the system distributes the information among several subsystems, where each subsystem contains specific security rules. i.e, the payments dataset uses hard referential integrity while the samples dataset was built to offer more response speed.

The system handles information in several ways:

Fields like passwords are encrypted.
The platform does not save sensitive information, like credit cards. Instead, it handles tokens provided and validated by a third-party solution, like Paypal and Stripe.
Each subsystem has its own information and data models.

To connect information around subsystems, we use unique identifiers. These IDs allow the system to recognize associated objects, like projects from a specific user without using clients personal information to offer anonymization and isolation based on responsibilities.

Furthermore, each subsystem has its own data model, which connects through HTTPS protocols. It means that if a service requires more information, it has to pass through a different server. By doing this, it avoids going directly to the database. Subsystems run on dockers -machines that are virtualized-, into an internal network that can only be accessed through a VPN. Additionally, public services access internal services across a firewall.

21. Personal Data of Children

As we said above, we do not knowingly collect or solicit Personal Data from anyone under the age of 13. If you are under 13, please do not attempt to register for the Products or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Data, please contact us at legal@torre.ai

22. What Rights Do You Have Regarding Your Personal Data?

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email legal@torre.ai. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging in to your account -using your email and password-, and then clicking on ‘contact information’.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. In certain circumstances, you can correct some of this information directly by using the Product.
Erasure: You can request that we erase some of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Products.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about Torre's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

Please remember that your use of the Product is at all times subject to Torre's Privacy Policy , which incorporates this Cookie Policy. Any terms we use in this Cookie Policy without defining them have the definitions given to them in Torre's Privacy Policy

1. Cookie Policy

The Product uses cookies and similar technologies such as pixel tags, web beacons, clear GIFs, JavaScript, and local storage. Cookies are small files – usually consisting of letters and numbers – placed on your computer, tablet, phone, or similar device, when you use that device to visit a site. We will refer to cookies and similar technologies (including, without limitation, local storage and session storage ) simply as “Cookies” or “cookies” for the remainder of this Cookie Policy. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit and otherwise use the Product through the internet, to analyze trends, and to learn about our user base.

We may combine non-personally identifiable information collected through cookies with other personal information that we have about you, for example, to tell us who you are or whether you have an account. We may also supplement the information we collect from you with information received from third parties in order to enhance our Product, or to offer you information that we believe may be of interest to you. Where we use Cookies to collect information that is personally identifiable, or that can become personally identifiable if we combine it with other information, the Privacy Policy will apply in addition to this Cookie Policy.

You can control and/or delete cookies as you wish – for details, see www.aboutcookies.org . Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work. We strongly recommend that you leave cookies active, because they enable you to take advantage of the most attractive features of the Product.

Further information on cookies can be found at http://ec.europa.eu/ipg/basics/legal/cookies/index_en.html .

Please reference the chart and general description below to learn more about the kinds of cookies we use and for what purpose.

2. What Types of Cookies Do We Use and for Which Purposes?

We use the following types of Cookies:

Functionality Cookies: These Cookies are used to recognize you when you return to our Product. This enables us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).

Analytical Cookies: These Cookies allow us to understand how visitors use our site. This includes information about the number of visitors to the site, what pages visitors view on our site and how long visitors are viewing pages on the site. Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our advertising campaigns and to optimize our Product’s content for those who engage with our advertising.

Third Party Cookies: These are Cookies placed by a third party on your device and may provide information to those third parties about browsing habits (including your visits to our Product, the pages you have visited and the links and advertisements you have clicked) that may help identify if certain services that such third parties provide are being used, identify your interests, retarget you and serve advertisements that are relevant to you. We do not have control or access to such Cookies. If you look at one page on our Product, an advertisement may be delivered to you on our Product or on other sites, for products referenced on that page or for similar products and services. We do not engage in retargeted advertising for children users of our Product.

Some of the network advertisers, ad agencies and other vendors we work with to serve ads on our Product, third-party websites and across the internet, or analytics providers that provide us with information regarding the use of the Product and effectiveness of ads are members of the Network Advertising Initiative (NAI) , the Digital Advertising Alliance (DAA) and the European Digital Advertising Alliance (eDAA) , which provide opt-out options.

Session Cookies and Persistent Cookies: The types of Cookies described above may be "session Cookies" which are temporary Cookies that are only stored on your device while you are visiting our site or "persistent Cookies" which are Cookies that are stored on your device for a period of time after you leave our site. The length of time a persistent Cookie stays on your device varies from Cookie to Cookie. We use persistent Cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Product, how often you return, how your use of the Product may vary over time, and measure the effectiveness of advertising efforts. Through these Cookies, we may collect information about your online activity after you leave our Product. Just like any other usage information we collect, this information allows us to improve the Product and customize your online experience. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Product do not support DO Not Track requests at this time, which means that we collect information about your online activity both while you are using the Product and after you leave the Product.

3. What is the Google Analytics Cookie and how is it used?

Our Product uses Google Analytics, a web analysis service provided by Google Inc. ("Google") which is based on Cookie technology. The information generated by the Cookie is usually sent to a Google server in the USA, where it is stored. Because IP anonymization is activated on this website, your IP address is abbreviated after being received by Google. On behalf of Torre, Google will use the generated information to evaluate your use of the website, to compile reports on website activities, and to provide the website operator with additional services connected with website and Internet use. The IP address transmitted by your browser in connection with Google Analytics is not collated with other data by Google. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

4. Cookie settings?

You can decide whether or not to accept Cookies. One way you can do this is through your internet browser’s settings. To find more information about Cookies, including information about how to manage and delete Cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or http://www.allaboutcookies.org/.