The following Service Terms apply to Customer to the extent the specific Service is included in the applicable ordering document. LinkedIn may update these Service Terms from time to time. LinkedIn reserves the right to upgrade, update or discontinue any aspect or feature of a Service in whole or in part; provided, however, that if LinkedIn discontinues a Service in whole during the term of an ordering document, then LinkedIn will provide Customer with an alternative or replacement service.
1. TALENT SERVICES
1.1 Recruiter Corporate. Customer will use the Recruiter Corporate Service (and related services) and information about Members only to recruit individuals to become employees and consultants of Customer or its Affiliates, or, if Customer is acting as a Staffing Agency or BPO, only to recruit individuals to become employees and consultants of its clients. "Staffing Agency" means a Customer that uses the Services to recruit on behalf of a third-party client using Customer's own name and/or logo, including without limitation, staffing agencies, executive search firms, and direct hire firms. "BPO" means a business process outsourcer Customer that recruits on behalf of a client using the client's name and/or logo, including without limitation, recruitment process outsources, managed service providers, and clinical research outsourcers. Customer will inform LinkedIn of its Staffing Agency or BPO classification with a client before purchasing the Recruiter Corporate Service, and Agency will promptly inform LinkedIn of any change in classification. Staffing Agency purchases of Recruiter Corporate seats are governed by the master subscription agreement between LinkedIn and Staffing Agency. BPO purchases of Recruiter Corporate seats are governed by the master subscription agreement between LinkedIn and the BPO's client. Customer’s breach of this Section will be deemed a material breach of the Agreement.
1.2 Recruiter Professional. Customer will use the Recruiter Professional Service and related services ("RPS") and information about Members only to recruit individuals to become employees and consultants of its clients. Only Staffing Agencies may use RPS. Customer is prohibited from using RPS to recruit on behalf of a client using the client's name and/or logo. Customer will inform LinkedIn of its Staffing Agency classification with a client before purchasing RPS, and Staffing Agency will promptly inform LinkedIn of any change in classification. Customer’s breach of this Section will be deemed a material breach of the Agreement.
1.3 Recruiter Lite. Customer will use the Recruiter Lite Service (and related services) and information about Members only to recruit individuals to become employees and consultants of Customer or its Affiliates, or, if Customer is a Staffing Agency, only to recruit individuals to become employees and consultants of its clients. BPOs are prohibited from using the Recruiter Lite Service. Staffing Agencies are limited to a cumulative total of 20 Recruiter Lite seats ("Recruiter Lite Cap") and must purchase RPS seats once the Recruiter Lite Cap has been reached. Customer’s breach of this Section will be deemed a material breach of the Agreement.
1.4 Additional Terms for Recruiter. Recruiter seats may be reassigned in accordance with the terms set forth on the Recruiter Help Portal. Customer will not share any information regarding a LinkedIn Member’s Open to Opportunities status with that Member’s current employer. Customer will ensure that its Customer Users use the Recruiter InMail feature in accordance with LinkedIn’s Recruiter InMail Policy. Customer’s breach of this Section will be deemed a material breach of the Agreement.
1.5 Job Postings & Job Slots. The Job Postings and Job Slots Services (collectively, the “Jobs Services”) are designed to help Customer reach quality candidates for job opportunities. Job Postings posted under available Job Slots will expire upon the expiration/termination of the ordering document. Customer is responsible for (i) all postings and content through the Jobs Services or otherwise to LinkedIn, including but not limited to the job descriptions, creatives, trademarks, images, URLs and pixels that comprise the postings or content therefor (collectively, the “Postings”); and (ii) all content and property to which Postings may direct viewers, as well as redirects (“Destinations”). Customer may not resell or transfer access to the Jobs Services to any other party. Each Posting must be for 1 job opportunity; it is not permitted for a Posting to solicit applications for more than one position. Customer agrees that it will not, and will not enable or authorize any third party, by virtue of the Postings, Destinations, or use of the Jobs Services, to:
- Create Postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed;
- Create Postings that intentionally misrepresent the job, hiring company, or poster;
- Fail to clearly disclose in any Posting that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise nontraditional working conditions or compensation may constitute intentional misrepresentation;
- Create Postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based;
- Provide identifiable candidate resume or application data to any other parties;
- “Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting;
- Harass, stalk, or contact any applicant after they have asked not to be contacted;
- Create Postings in the United States without possessing valid Federal or State Employer Identification Numbers, if applicable, or create Postings in any other location in a manner that would not allow compliance with applicable tax and employment laws;
- Create Postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law;
- Soliciting employees by intentional misrepresentation;
- Create Postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in Customer’s state or country, the state or country where the job is to be performed, or the applicable laws of the jurisdiction that governs the LSA between the parties;
- Engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work;
- Engage in illegal or fraudulent conduct;
- Except as expressly authorized by LinkedIn in writing, use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from LinkedIn’s websites;
- Except as expressly authorized by LinkedIn in writing, copy, modify or create derivative works of the Jobs Services or any related technology; or
- Create Postings that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the Jobs Services or any device or system or breach or circumvent any security measure of LinkedIn or a third party.
1.6 Career Pages. All Career page "traffic driver" ad impressions will launch within 90 days from the Start Date in the ordering document, using social ad units and targeting generated by LinkedIn.
1.7 Talent Hub. Talent Hub is a hiring platform that enables customers to source, manage, and hire candidates in one place. Talent Hub is a system of record that is an applicant management system designed to host all candidate data, including first name and last name, email address, telephone number, professional history, interview and hiring team feedback and evaluations, salary information, final disposition, and other candidate data received from Customer’s third-party talent acquisition extensions (“Talent Hub Data”). Talent Hub will be used to manage candidates through the recruiting workflow ultimately helping companies collaborate on jobs and candidates and hire in the same platform they use to source candidates. LinkedIn will use Talent Hub Data to provide, support, and improve LinkedIn’s Services, including to provide Talent Hub Data in the aggregate to surface insights and benchmarking to help companies have better insight into their process relative to their peers. Customer is solely responsible for the implementation of Talent Hub, including (i) migrating any candidate data from Customer’s third-party applicant tracking system to Talent Hub; (ii) providing the candidate data in a format that is acceptable to LinkedIn and compatible with Talent Hub; and (iii) ensuring it has all necessary consents to provide the candidate data to LinkedIn (collectively, the “Implementation”). LinkedIn disclaims any and all liability in connection with the Implementation.
2. SALES SERVICES
2.1 Sales Navigator. Customer may use the Sales Navigator Service only to generate sales leads. Customer may not use the Sales Navigator Service for recruiting purposes. Customer will have access to Sales Navigator value-add services for the Term of the ordering document. No refund or credit will be provided if the value-add services are not used during the Term of the ordering document.
3. LEARNING SERVICES
3.2 LinkedIn Learning. Customer will have access to the content on the linkedIn.com platform only. A Customer User may be an employee, contractor, student or library patron depending upon the LinkedIn Learning service purchased by Customer. For the LinkedIn Learning Service, the User Agreement will apply only if Customer connects its LinkedIn Learning dashboard to its Customer Users' LinkedIn.com profiles. Customer User must be at least 16 years of age. Customer will designate a single master administrator ("Master Admin"), and that Master Admin will have access to the reporting and management tools and, except set forth below, will be able to establish sub administrators with limited rights and access. Except as set forth below, Customer may only display or perform the content in a public setting, including a conference room or classroom, if Customer has purchased seats for all Customer Users. If Customer uploads content (owned or licensed to Customer) on the LinkedIn Learning platform, only Customer will have access to such content. 1 LinkedIn Learning seat = 1 Customer User, and each seat is deemed used/active when a Customer User registers to access the content service. Each Customer User must have a unique identifier for a login, such as a unique email address or IP address. Aliases are not permitted. During each 12-month term of an ordering document, except set forth below, Customer may reassign the seats purchased a set number of times. Except for LinkedIn Learning Campus, the number of reassignment is equal to 10 or 25% of the total number of seats purchased, whichever is greater. For LinkedIn Learning Campus, the number of reassignment is equal to 35% of the total number of seats purchased.
3.2.1 LinkedIn Learning for Library. For each LinkedIn Learning for Library seat purchased by Customer, any Customer User who has a valid Customer’s library card, pin/password and LinkedIn profile may access the LinkedIn Learning content via LinkedIn Learning for Library during the term of the order. A Customer User is an individual designated by Customer that has (1) registered, received and maintains an active Customer library card/Customer Account and (2) who resides (maintains a valid address) in Customer’s geographical service location. Customer must verify that the individual resides in the Customer’s geographical service location. A Customer User may be a staff member even if the staff member does not reside in Customer’s geographical service location. Customer may only market the LinkedIn Learning for Library service to individual patrons of the Library. Customer may not market to any other groups, including but not limited to, any business, corporation, school district, school (including higher-education such as universities or colleges), non-profits, and government agencies. Customer will not be able to establish sub administrators, upload content, reassign seats, or display or perform the content in a public setting, including a conference room or classroom.
4. INSIGHTS SERVICES
4.1 Custom Insights & Analytics Reports. LinkedIn may generate certain insights and analytics reports on Customer's behalf derived from aggregating applicable Member profile data (“Insights Reports”). LinkedIn, in its sole discretion, may adjust or decline to include certain Member profile data in Insights Reports if LinkedIn believes the exposure of the Member profile data may compromise the privacy of Members or other LinkedIn customers. Insights Reports generated by LinkedIn on Customer's behalf are considered delivered on the date the Insights Reports are sent to Customer, even if LinkedIn provides additional analysis of the Insights Reports at a later date (e.g. responses to follow-up questions, modifications, etc.). LinkedIn will not release any underlying LinkedIn data or third-party data used to generate Insights Reports. LinkedIn retains ownership of all right, title, and interest to all content included in the Insights Reports (including any associated intellectual property rights). LinkedIn hereby grants Customer a non-exclusive, perpetual, royalty-free, worldwide, non-transferable, non-sublicensable license to use, distribute, and display the Insights Reports for Customer’s non-commercial activity. Customer will be prohibited from externally publishing Insights Reports or sharing Insights Reports with third parties without LinkedIn prior written approval in each instance. Insights Services will expire upon the expiration of the ordering document, and Insights Reports are deemed delivered the earlier of the: (i) actual delivery or (ii) the expiration of the ordering document.
4.2 LinkedIn Talent Insights. The LinkedIn Talent Insights ("LTI") Service provide customers self-serve on-demand, real-time access to aggregated LinkedIn Member profile data. LinkedIn, in its sole discretion, may adjust or decline to include certain Member profile data in the LTI Service if LinkedIn believes the exposure of the Member profile data may compromise the privacy of Members or other LinkedIn customers. LinkedIn will not release any underlying LinkedIn data or third-party data used in the LTI Service. LinkedIn retains ownership of all right, title, and interest to all content included in the LTI Service (including any associated intellectual property rights). LinkedIn hereby grants Customer a non-exclusive, perpetual, royalty-free, worldwide, non-transferable, non-sublicensable license to use, distribute, and display reports and data generated via the LTI Service (“LTI Data”) for Customer’s internal use. Customer shall not (i) publish externally or share the LTI Data with third parties without LinkedIn’s prior written approval in each instance; (ii) trade, sell/re-sell or otherwise monetize the LTI Service or LTI Data or access to the same, without LinkedIn’s consent; (iii) scrape or aggregate the LTI Data for the purposes of creating a competing service; or (iv) use the LTI Data for securities investing. LTI Data is derived from LinkedIn member profiles and company pages, and LinkedIn disclaims all liability regarding the quality, accuracy, completeness, and timeliness of the LTI Data. Customer’s breach of this Section 4.2.1 will be considered a material breach of the Agreement.
5. TALENT MEDIA SERVICES
5.2 Recruitment Ads, Sponsored Jobs and Sponsored Updates. Recruitment Ads, Sponsored Jobs and Sponsored Updates are Talent Media sold under an auction model. The auction is a generalized second price auction and Customer only has to pay just enough to beat the second highest bidder. For example, if the winning advertiser has a bid of ten ($10) dollars cost-per-click, but the next highest bid is seven ($7) dollars, the winning advertiser only pays $7.01. The second price method allows each advertiser to bid the absolute maximum they are willing to pay for the Talent Media. LinkedIn will charge enough to enable the highest price to be paid to win the auction.
5.3 Work With Us Ads. Work With Us Ads will launch within 3 days from the Start Date in the ordering document using a default ad unit configured by LinkedIn, unless otherwise agreed in writing by LinkedIn. LinkedIn cannot identify all Members at a specific company because of company name inconsistencies. Inconsistencies arise because a Member can fill-out their “Company Name” field by either selecting a company name from a pre-existing list generated by the LinkedIn system or typing in their own custom company name. LinkedIn can only identify Members who have selected a company name from the pre-existing list.
5.4 Pipeline Builder. Customer will use the Pipeline Builder Service and information about Members only to recruit individuals to become employees and consultants of Customer or its Affiliates, or, if Customer is an approved agency, only to recruit individuals to become employees and consultants of its clients.
5.5 Talent Solutions Content Partner Program. If Customer is participating in the Talent Solutions Content Partner Program as set forth in the ordering document, then Customer will comply with the Talent Solutions Content Partner Program Terms.
6. ELEVATE SERVICE
Customer will maintain a social media policy and ensure that its personnel comply with the policy. Only Customer's designated curator(s) is/are authorized to post content to the Elevate Service. Customer Users, who are not curators, may only read and forward content. Customer will ensure that it owns or has the necessary licenses, rights, and consents to the content it posts to the Elevate Service.
7. GLINT SERVICES
7.1 Service Descriptions.
7.1.1 The “Glint Platform” provides: (i) results that are processed, displayed, and available for analysis in real-time, (ii) manager dashboards where each manager that meets the minimum confidentiality threshold will receive a link to a dashboard and corresponding action plans that reflect the unique results of their team, (iii) role based permissions, data access and viewing privileges based on a user’s role and organizational structure, (iv) Single Sign-On (SSO) using Supported Methods (Standard SAML 2.0 based integrations included) to allow one set of login credentials across multiple platforms, (v) comment analytics using Natural Language Processing (NLP) that is trained specifically on employee feedback and automatically extracts the most-discussed topics/themes, employee sentiment, and prescriptive/constructive comments in real-time, (vi) integrated action plans that are automatically generated for each manager based on the unique results of their team, including concrete steps and a pre-built library of resources from Glint’s Organizational Development team, (vii) Glint’s taxonomy has over 100 research driven questions across all the key domains of organizational development and the employee journey that can be drawn from to support each organization’s unique needs, (viii) language translations for questions & communications in 50+ languages for standard questions and communication templates,(ix) smart alerts that automatically comb through all the survey results by various demographics and highlight key findings, such as outlier populations that have low scores, high scores, or significant changes in scores, and (x) communications templates for organization-wide and ad-hoc communications prior to, during, and post-survey. The Services do not include importing Customer Data from third-party services, importing historical survey response data, exporting or transferring Customer Data to any third-party services, or any integration of the Service with Customer or third-party software. Additional Fees will apply if Customer does not provide its data in a Glint-approved format. If no HRIS system is used, then additional Fees will apply if Glint does not receive the data in one compiled file. Customer Users may have access to a free, online community where they can, among other things, share best practices, which is not part of the Services.
7.1.2 If purchased, the Glint Engage Module allows Authorized Users to review organizational statistics relating to Survey responses in the dashboard, along with reporting that can be customized and saved for review. It also provides additional intelligence to understand the data, including but not limited to industry benchmarks, alerts and customizable data visualizations. Glint will provide access to the Service via a desktop or mobile IOS or Android login for Authorized Users. Upon login, Customer will have access to the dashboard with Survey results by team and by driver with benchmark data, Survey management functionality (including question editing and frequency setting), and reporting (including Customer’s ability to configure reports with various filters and date ranges and then to export reports).
7.1.3 If purchased, the Glint Perform Module is an agile performance management solution that creates a virtuous ecosystem of feedback, coaching and growth. It has 3 key components - Goals, Conversations, and Feedback - as well as supporting analytics, reporting, and integration with Glint Engage. With Goals, users can focus on the right priorities, and get alignment and feedback on their objectives - upwards, downwards, and across the organization. With Conversations, managers can have regularly scheduled and ad-hoc check-ins with their employees, for guided 2-way discussions about their performance, engagement, and growth. With feedback (upcoming module), employees can ask for and receive in-the-moment feedback from people they work with. Integrated reporting and analytics allows tracking usage & adoption as well as insights about goals, conversations, and feedback across the organization.
“Administration” means an instance where a Survey is sent to a group of Survey Respondents.
“Affiliate” means an entity that controls, is controlled by, or is under common control with, a party; where “control” means direct or indirect ownership of (i) more than 50% of an entity’s voting interest; or (ii) the right to receive more than fifty percent (50%) of an entity’s profits.
“Authorized User” means an employee of Customer who is granted access to use the Platform and view the data on the Platform.
“Maximum Respondents” means the maximum number of Survey Respondents that may be contacted in any single Survey without incurring additional fees.
“Premium Services,” “SaaS Services,” “Services” or “Subscription Services” are synonymous and mean access to the hosted “Glint Platform” and the Modules listed above that were purchased.
“Sensitive Data” means (i) “special categories of personal data” under the GDPR; (ii) racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or health or sex life for data subjects located outside of the United States; or (iii) any financial account or credit card information or any government identification numbers.
“Survey” means any survey presented to Survey Respondents through the Services, including Recurring and Ad Hoc Surveys, On Demand Surveys, and Lifecycle Surveys.
“Survey Respondent” means an employee or contractor of Customer who is sent a Survey.
“Users” means, collectively, Authorized Users and Survey Respondents.
7.3 Usage, Aggregation and Transfer of Data. Except as provided in these Service Terms or as otherwise agreed in writing by the parties, raw survey responses identifying individual survey respondents and Personal Data (as defined in Section 1 of the DPA) associated with individual survey respondents (“Identifiable Data”) will not be provided to Customer. Customer will not attempt to discern Identifiable Data. Customer shall provide appropriate notices to Customer Users about, and if required by applicable law or regulation, obtain appropriate consent or other appropriate legal basis from Customer Users for: (i) the collection, transfer and processing of Customer data through the Services and (ii) Customer’s use of any service providers or other third-parties that Customer instructs Glint to send data to or receive data from Glint. Customer represents that it will not process Sensitive Data through the Services. Customer may allow its Affiliates to access and use the Services if Customer is fully liable for its Affiliates’ use of the Services and compliance with the Agreement (with each Affiliate also a “Customer”). Glint will use the Glint subprocessors listed at https://legal.linkedin.com/customer-subprocessors, which list is updated from time to time. Glint shall be responsible and liable to Customer for the acts and omissions of its subprocessors or other subcontractors in connection with providing the Services.
7.4 Survey Email and Identifiable Data. Customer will draft the survey email, including any confidentiality, anonymity notice to each Customer User (“User Confidentiality Notice”) and provide to Glint within three (3) days prior to use in the survey. Customer may use one of Glint’s standard survey email templates. Glint will only provide Identifiable Data (i.e. non-aggregated data) (i) to Customer, if the survey email discloses that some of Customer’s personnel will receive survey responses directly identified to individual survey respondents and (ii) to a Customer-designated supplier, if the supplier agrees to protect the data consistent with the terms of this LSA. Customer agrees that it will not modify or delete any portion of the survey email or in any other communication with Customer User that imposes any obligation on Glint. If the User Confidentiality Notice advised data subjects that Customer would receive the survey data in a non-aggregated form, Glint will provide Customer with the survey data outside of the Service’s platform in a CSV format so that Customer can perform separate analysis and/or protect against data loss at a cost of $500 for each instance a survey is sent to a group.
7.5 Data Return. Customer agrees that on the termination of the Services, Glint shall at no cost, and shall cause any subprocessors to, at the choice of Customer, unless applicable law prevents Glint from returning or destroying all or part of the data disclosed: (a) return to Customer all the Customer personal data, including survey responses if the User Confidentiality Notice disclosed Customer would receive responses identified to individuals or (b) securely destroy them and demonstrate to the satisfaction of Customer that it has taken such measures or (c) export Customer personal data in a non-aggregated form to Customer’s new service provider under a separate written agreement reasonably satisfactory to Glint under which Customer and the recipient of the data accept responsibility and liability for the data subsequent to transfer or export. Glint uses de-identified, aggregated data generated from its Services to provide statistical benchmarks across industries and improve its Services.
8. ADDITIONAL REQUIREMENTS
For the Recruiter, Referrals, Sales Navigator, LinkedIn Learning, and Talent Insights Services, Customer (a) will designate in writing one Customer User for each seat it purchases; (b) will promptly provide to and maintain with LinkedIn accurate contact information for each Customer User; and (c) will not, and will not permit a Customer User to, share a Customer User’s access to the Services with any other individual. Except as described in Sections 1.4 (Additional Terms for Recruiter) and 3 (Learning Services), in the event a Customer User ceases employment, takes any type of leave or vacation, or transfers work function, Customer may transfer the Customer User's seat to a different Customer User. LinkedIn reserves the right to limit the number of transfers of each seat. Without limiting any other rights LinkedIn possesses under the Agreement, if LinkedIn discovers that Customer Users are sharing seat access to the Services with other Customer employees or contractors who have not been provisioned access (each, an “Unauthorized User”), then LinkedIn will have the right to provision any unused seats purchased by Customer to the Unauthorized Users to remedy Customer’s breach. Customer’s breach of this Section will be deemed a material breach of this LSA.