Terms of Use for the Globant recruiting platform. The analysis will cover key legal aspects, including contract formation, intellectual property, limitations of liability, and privacy.
Contract Formation
The document establishes a legally binding agreement between Globant and the user. The "Effective Date" of April 28, 2020, marks when the terms became active. The agreement is formed when a user signs up for or uses the platform, signifying their consent. The terms are clear that continued use constitutes acceptance. This is a common and legally sound method of forming a contract, where the user's action (signing up/using the platform) demonstrates their agreement to the terms.
A key point is that Globant reserves the right to terminate a user's access, and to ban them from future job applications, for violating the terms. This is a standard and enforceable provision in a user agreement, providing the company with recourse against misuse. The document also notes that the terms can be updated, and continued use after an update implies consent to the new terms, with a mechanism for users to opt out. This is a standard practice for online terms and conditions.
Intellectual Property
The terms establish that Globant retains all intellectual property rights to the platform and its content. Users are explicitly prohibited from claiming ownership of any intellectual property associated with the platform. This includes a prohibition on using Globant's branding or logos and a requirement not to alter or remove legal notices.
Copyright and Restrictions: The document states that "all material available on the Platform are copyrighted by Globant." This is a broad claim that would be legally enforceable for content created by Globant. The terms also impose significant restrictions on user behavior, including:
Reverse Engineering: Users are strictly forbidden from decompiling, reverse-engineering, or disassembling the platform's source code. This is a standard measure to protect a company's trade secrets and proprietary software.
Reproduction and Distribution: Users may not reproduce, download, or transfer any part of the platform without prior written consent from Globant.
Unauthorized Access: The terms prohibit activities such as deep-linking, probing for vulnerabilities, forging packet headers, and interfering with the platform's operation (e.g., via viruses, spamming). These are all common prohibitions aimed at preventing malicious or unauthorized use.
The terms also state that users may not modify the platform or create derivative works. This reinforces Globant's ownership and control over its intellectual property.
Limitations of Liability and Disclaimers
This section is critical for managing Globant's legal exposure. The document includes a broad disclaimer of warranties and a limitation on liability.
Disclaimer of Warranties: The document states that Globant excludes all warranties to the extent permitted by law. This means Globant does not guarantee the platform will be "secure, error-free, or free from interruption." It places the responsibility on the user to determine if the platform meets their security needs. This is a common but very strong provision, shifting the risk of data loss or platform failure to the user.
Limitation of Liability: This is the most significant clause for protecting Globant. It limits the company's financial liability to the maximum extent permissible by law in the user's country of residence. The terms specifically state that Globant will not be liable for "lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages."
Furthermore, the total liability for any claims is capped at $100 USD. This is a very low liability cap and is designed to insulate Globant from significant financial damages, even if a user suffers a major loss due to an issue with the platform. The enforceability of this cap would depend on the specific laws of the user's jurisdiction, as some jurisdictions may not permit such an aggressive limitation, especially for gross negligence.
Privacy and Data Use
The terms state that a user's information, including personal data, will be handled according to the company's separate Privacy Policy. By using the platform, the user provides their "freely given, specific, informed and unambiguous consent" to the collection, use, and transfer of their data, including to the United States, Ireland, and other countries. This language reflects the requirements of data protection laws like the General Data Protection Regulation (GDPR), which mandate explicit user consent for data processing and international transfers.
User-Provided Content: The terms place the burden of accuracy and legality of all submitted content squarely on the user. Users represent that their provided content is accurate and updated. They are also prohibited from uploading content that is:
Unlawful or harmful (e.g., harassing, defamatory, vulgar).
Infringing on third-party intellectual property or proprietary rights.
Containing "Prohibited Information" like HIPAA-protected data or CUI (Controlled Unclassified Information).
The terms specify that Globant has no liability for any "Prohibited Information" submitted by a user. This provision aims to protect the company from legal repercussions related to a user's improper handling of sensitive data. Globant reserves the right to remove content that violates these terms.
Original
Terms of Use
Effective Date: April 28, 2020
Thank you for your interest in Globant! The Globant Group (Globant S.A. and its affiliates and subsidiaries) have created these terms of use (these “Terms”) to cover the conditions of your use of our augmented recruiting platform (the “Platform”).
The Platform allows us to (i) identify potential candidates to open positions; (ii) identify in the candidates, compatibilities with Globant expectations for such open positions; (iii) prepare a report for Globant HR departments to have quick access and details on those candidates that better suit the profile desired for each open position and (iv) evaluate the candidates' information for the recruitment process.
You must know that by signing up or otherwise using our Platform, you are agreeing to comply with these Terms which constitute the binding agreement between Globant (understood specifically as the entity of the Globant Group publishing the position you are applying to) and you, as user (the “User”, or “You”).
You acknowledge that you have read and understood these Terms, accept these Terms, and agree to be bound by them. Furthermore, you acknowledge that you have no obligation to use the Platform, and that if you don’t agree with (or cannot comply with) these Terms, then you will restrain from using the Platform.
If you violate these terms, we may terminate your use of the Platform, ban you from future use of it as well as from the open position you are currently applying to, as well as any future open positions, and/or take appropriate legal actions.
We may update these Terms from time to time. When we update these Terms, we will revise the “Effective Date” date above and post the new Terms and Conditions.
Please read these Terms carefully. If you have any question regarding these Terms, please contact your contact point from Globant HR or email us at jobs@globant.com .
INDEX
- Using our Platform.
- Content creation and use.
- Privacy.
- Disclaimers and Limitations of Liability.
- General.
1. USING OUR PLATFORM.
A. Consenting these Terms and any modification thereof.
In order to use the Platform, you need to be 18 or older and consent to these Terms.
Occasionally we may, in our discretion, make changes to these Terms. The changes to these Terms will not be retroactive, and the most current version of these Terms, which will always be at [link], will govern our relationship with you, provided your process is still ongoing. In such cases, we will try to notify you of material revisions, for example via an email to the email associated with your account. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Platform under the new version of these Terms, you may contact your contact point from Globant HR or email us at jobs@globant.com .
B. Intellectual Property.
Using our Platform does not give you ownership of any intellectual property rights in such Platform or any content you may access to. These terms do not grant you the right to use any branding or logos used in our Platform. Don’t remove, obscure, or alter any legal notices displayed in or along with our Platform. The contents of all material available on the Platform are copyrighted by Globant unless otherwise indicated. All rights are reserved and content may not be reproduced, downloaded, disseminated, or transferred, in any form or by any means, except with the prior written agreement of Globant or as indicated below.
C. Restrictions on Use.
Don’t misuse our Platform. For example, don’t interfere with our Platform or try to access it using a method other than the interface and the instructions that we provide. You may use our Platform only as permitted by law. You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Platform. You shall restrain from reproducing, downloading, disseminating, or transferring in any form or by any means any part of the Platform except with the prior written agreement of, and with express attribution to Globant. You agree not to (i) deep-link to the site for any purpose; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Platform to send altered, deceptive or false source-identifying information; or (iv) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Platform.
You may not modify the Platform or create any derivative work of it or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Platform.
D. Restrictions on Transfer.
You may not assign your rights and obligations hereunder, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to use the Platform, which is associated to your person solely and with the purpose of enhancing your personal selection process.
E. Member Account, Password and Security.
You will need an account to use and access our Platform. You may create your own account, or your account may be assigned to your HR focal point in Globant. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You are fully responsible for all activities that occur under your password or account.
2. CONTENT CREATION AND USE.
A. Content Creation.
Globant, may not monitor or control the content posted through the Platform and, we cannot take responsibility for such content or such content’s accuracy. For that purpose, you acknowledge and represent that any content you provide will be accurate and updated to the best of your knowledge.
You agree that you will not post or upload any content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Globant to use or possess in connection with the purpose of this Platform.
You agree that you will be solely responsible for all activity that occurs under your account and for all the contents you publish through the Platform.
B. Content Use.
You are responsible for any information you enter. This means that you, and not Globant, are entirely responsible for all content that you upload to the Platform. Globant will receive and process any such information in accordance with these Terms only.
You agree to not use the Platform to provide any content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question.
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- transmits or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
- "stalk" or otherwise harass another.
You agree not to submit any information or data that requires safeguarding or dissemination controls pursuant to applicable laws and/or regulation (“Prohibited Information”). Examples of Prohibited Information include, but are not limited to, information categories identified as part of the Controlled Unclassified Information (“CUI”) Registry maintained by the U.S. National Archives and Records Administration; patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”) or any similar federal or state laws, rules or regulations governing Health Information; financial information; “education records” as defined in the Family Education Rights and Privacy Act (“FERPA”) and any other data subject to legal or regulatory safeguarding obligations and/or limitations on distribution. Globant will have no liability for Prohibited Information, notwithstanding anything to the contrary herein.
We reserve the right to delete any information that violates these Terms, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
3. PRIVACY.
Our Privacy Policy link describes how we handle the information you provide to us (included any personal data) when you use our Platform. You understand that through your use of the Platform you provide Globant your freely given, specific, informed and unambiguous consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage and processing as described in the Privacy Policy.
4. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
A. Disclaimer of Warranties and Limitation of Liability.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Globant makes no warranty that operation of the Platform will be secure, error free, or free from interruption. You must determine whether the Platform sufficiently meets your requirements for security. You bear sole responsibility and all liability for any loss incurred due to failure of the Platform to meet your requirements. Globant will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device.
B. Limitation of Liability.
By using the Platform you agree that Globant, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.
WHEN PERMITTED BY LAW, GLOBANT, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GLOBANT, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO A MAXIMUM OF USD 100 (ONE HUNDRED US DOLLARS).
IN ALL CASES, GLOBANT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
5. GENERAL.
A. Reserved Rights.
Globant reserves the right to access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property or personal safety of Globant, its users and the public.
You further acknowledge, consent and agree that all users may take down contents of which they themselves are recipient or sender without the need to provide any justification thereof.
B. Severability.
If any provision of these Terms shall be held to be invalid or unenforceable, the remainder of these Terms shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
C. Ending these Terms.
You may end your legal agreement with Globant at any time by deactivating your accounts and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with access to the Platform at any time for any or no reason, including, but not limited to, if we reasonably believe that you have violated these Terms.
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