Subscriber has ordered products or services from iCIMS, Inc. (“iCIMS”) under one or more Order Forms signed by iCIMS and Subscriber (each an “Order Form”). Each Order Form is subject to and governed by the Subscription Agreement entered into by iCIMS and Subscriber (the “Subscription Agreement”). This Connector for LinkedIn RSC Addendum (the “Addendum”) to the Subscription Agreement sets forth additional terms and conditions under the Subscription Agreement that govern the Connector for LinkedIn RSC ordered under an Order Form, as follows:
1. EFFECT OF ADDENDUM. Solely with respect to the Connector for LinkedIn RSC (as defined below) identified in an Order Form, this Addendum is incorporated into and made part of the Subscription Agreement. Except as applicable to the Connector for LinkedIn RSC, this Addendum does not modify or amend the Subscription Agreement.
2. DEFINITIONS. The capitalised terms defined in the Subscription Agreement shall have the same meanings in this Addendum, except as set forth expressly in this Addendum. Notwithstanding anything to the contrary in the Subscription Agreement, the capitalised terms below shall have the following meanings solely as applicable to the Connector for LinkedIn RSC:
2.1“Agreement” means the Subscription Agreement as modified by this Addendum in accordance with Section 1 of this Addendum.
2.2 “Connector for LinkedIn RSC” means the Connector for LinkedIn RSC identified by those terms in an Order Form, and any other product or service that an Order Form identifies as being governed by the Connector for LinkedIn RSC Addendum.
2.3 “LinkedIn Recruiter System Connect” means LinkedIn Corporation’s platform for finding, connecting with, and managing candidates.
2.4 “RSC Subscriber Data” means the electronic data and files entered, imported, or uploaded into LinkedIn Recruiter System Connect or the Subscription and then transferred via the Connector for LinkedIn RSC between LinkedIn Recruiter System Connect and the Subscription. RSC Subscriber Data includes the data fields identified in Exhibit A hereto, subject to any modifications made pursuant to Section 5 below.
3. ICIMS RESPONSIBILITIES. iCIMS’ sole responsibility for the Connector for LinkedIn RSC is to make the Connector for LinkedIn RSC available to receive and send data between the Subscription and LinkedIn Recruiter System Connect, subject to any usage and other limitations set forth in an Order Form or Documentation. Upon execution of an Order Form for the Connector for LinkedIn RSC, iCIMS will use commercially reasonable efforts to implement the Connector for LinkedIn RSC and make it available for Subscriber’s use. Subscriber acknowledges and agrees that the Connector for LinkedIn RSC will only operate as long as, and to the extent that, LinkedIn Corporation makes LinkedIn Recruiter System Connect available to transfer and receive data via the Connector for LinkedIn RSC, and iCIMS shall have no liability based on any modification or change required by LinkedIn Corporation, including any change to the data that may be transferred or received, or any suspension or termination of the Connector for LinkedIn RSC. iCIMS shall have no obligation or liability relating to, and does not endorse, any LinkedIn Corporation product or service.
4. SUBSCRIBER RESPONSIBILITIES. In addition to its other responsibilities set forth in the Subscription Agreement, Subscriber acknowledges and agrees as follows:
4.1 Authorisation. Subscriber authorizes iCIMS to make the Connector for LinkedIn RSC available to Subscriber for the purpose of receiving and sending RSC Subscriber Data between the Subscription and LinkedIn Recruiter System Connect via the Connector for LinkedIn RSC.
4.2 Use. Subscriber is solely responsible for any use of the Connector for LinkedIn RSC by Subscriber, its Affiliate, or its User, including any transfer or use of RSC Subscriber Data, and shall ensure that any use does not violate applicable law, regulation or duty to any person. Without waiving the generality of the foregoing, Subscriber acknowledges and agrees as follows:
(a) Subscriber must comply with all applicable laws and regulations governing data protection and privacy, including, where applicable, the European Union’s General Data Protection Regulation (“GDPR”) and any other applicable laws or regulations.
(b) Subscriber shall provide all privacy notices and obtain all necessary consents, including any explicit consents which may be required for the processing of special categories of personal data or sensitive data, under the GDPR or other applicable laws or regulations.
(c) As used in this Addendum, “Controller” means an organisation that determines the purposes and means of the processing of personal data, and “Processor” means an organisation which processes personal data on behalf of a Controller. Subscriber acknowledges and agrees that (i) Subscriber is the Controller of RSC Subscriber Data, and LinkedIn Corporation and iCIMS are separate and independent Processors of RSC Subscriber Data, and (ii) any instructions by Subscriber, as Controller, to iCIMS, as Processor, must be given directly by Subscriber to iCIMS in writing.
(d) Subscriber is solely responsible for maintaining and complying with the LinkedIn Corporation agreement required to use LinkedIn Recruiter System Connect, and for complying with any other applicable LinkedIn Corporation requirements.
4.3 Compliance Measures iCIMS may implement technical or other measures in its discretion to limit or prevent any use of the Connector for LinkedIn RSC in violation of Subscriber’s responsibilities under this Section 4 as determined in iCIMS’ good faith judgment.
4.4 Indemnification In addition to any indemnification obligation set forth in the Subscription Agreement, Subscriber shall defend iCIMS and its direct and indirect parents, subsidiaries and affiliates, and their respective officers, directors, shareholders and agents (each, an “iCIMS Indemnitee”) from and against any third party claim, demand, lawsuit or legal action arising from any matter for which Subscriber is responsible under this Section 4 (a “RSC Claim”), and indemnify each iCIMS Indemnitee against any damages, attorneys’ fees, and other costs or expenses awarded against it or incurred by it in connection with a RSC Claim. iCIMS does not make, and hereby disclaims, any representation or warranty, and does not undertake any defense or indemnification obligation, regarding any LinkedIn Corporation product, including the Connector for LinkedIn RSC.
5. DATA FIELD MODIFICATIONS. Subscriber acknowledges and agrees that the Connector for LinkedIn RSC transfers and receives required data fields. Subscriber further acknowledges and agrees that LinkedIn Corporation may require modifications to the Connector for LinkedIn RSC, and iCIMS shall implement the required data field modifications without Subscriber’s prior consent. If Subscriber objects to a data field modification at any time, it may terminate use of the Connector for LinkedIn RSC upon thirty (30) days’ written notice to iCIMS. Termination by Subscriber will not relieve Subscriber of its obligation to pay all fees that would have otherwise been due had the Addendum not been terminated, and all such fees shall become immediately due. All fees paid under this Addendum are non-refundable.
6. EFFECT OF TERMINATION. In addition to any other provisions that survive termination or expiration of the Agreement, as set forth in the Agreement, Sections 4.4 and 8 of this Addendum shall survive expiration or termination of this Addendum or the Agreement.
7. CONFIDENTIAL INFORMATION. Any Connector for LinkedIn RSC product specifications or training materials provided by iCIMS to Subscriber in any written, electronic or other medium is deemed part of the Confidential Information of iCIMS as defined in the Agreement.
8. EXCLUSIONS AND LIMITATIONS. ALL WARRANTY EXCLUSIONS, DAMAGE THEORY EXCLUSIONS, AND LIABILITY LIMITATIONS SET FORTH IN THE AGREEMENT APPLY FULLY TO THE Connector for LinkedIn RSC AND ANY MATTER RELATED THERETO OR ARISING UNDER THIS ADDENDUM.
9. COUNTERPARTS This Addendum may be executed by reference in an applicable Order Form, or facsimile or other electronic means, and in one or more counterparts, each of which is deemed to be an original but all of which together constitute one and the same Agreement
EXHIBIT A
For purposes of clarity, the Parties acknowledge and agree that the Connector for LinkedIn RSC will require the use of the following fields and formats:
iCIMS Person Profile Fields
| iCIMS Field Label (Standard) | iCIMS Field ID | Description |
|---|---|---|
| First Name | FirstName | The candidate’s first name |
| Last Name | LastName | The candidate’s last name |
| The candidate’s email address | ||
| Person Folder | Folder | The Person Folder currently assigned to the candidate’s Person profile |
| Created Date | N/A | The date the candidate’s Person profile was created |
| Updated Date | N/A | The date the candidate’s Person profile was last updated |
iCIMS Job Profile Fields
| iCIMS Field Label (Standard) | iCIMS Field ID | Description |
|---|---|---|
| Title | JobTitle | The title of the job |
| Overview | jcf3035 | A general description of the job |
| Responsibilities | jcf3036 | A description of the responsibilities associated with the job |
| Qualifications | jcf3037 | A description of the desired qualifications for the job |
| Location | JobLocation | Address details for the location associated with the job, including:
Note: Address details are pulled from the Location profile assigned to the Job profile via the Job Location field |
| Job Post Location | N/A | The URL of the job’s listing on a public iCIMS career portal |
| Job ID | Job ID | The associated job’s unique system-generated ID |
| Created Date | N/A | The date the Job profile was created |
| Updated Date | N/A | The date the Job profile was last updated |
iCIMS Recruiting Workflow Fields
| iCIMS Field Label (Standard) | iCIMS Field ID | Description |
|---|---|---|
| Associated Candidate | N/A | The candidate who is associated with a job; shared candidate details include:
|
| Associated Job | N/A | The job to which the candidate is associated; shared job details included:
|
| Status | N/A | The step of the recruiting process that the candidate is currently in (e.g., Reviewed or Offer Extended) |
| Source | rcf3167 | Information regarding how the candidate found and applied to the job (e.g., Career fair or Job board post) |
| Created Date | N/A | The date the candidate’s recruiting workflow was created (e.g., the date the candidate submitted their application) |
| Updated Date | N/A | The date the candidate’s recruiting workflow was last updated (e.g., the date the candidate’s status was last updated) |
Connector for LinkedIn RSC Addendum 16AUGUST2019
