This document sets out the Terms and Conditions ("Agreement") on which Workable Software Limited (Company No. 08125469) of 5 Golden Square, 5th Floor, London, W1F 9BS ("Workable") provides customers with access to recruitment and human resources management services through the www.workable.com website ("Website").
You acknowledge and agree that by signing up online to use the Services, on behalf of a nominated company or organisation ("Customer"), you agree that the company or organisation will be bound by these terms. You represent and warrant that you have full capacity and authority to enter into this Agreement on behalf of the Customer.
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
“Affiliate” means any legal entity that, whether now or in the future directly or indirectly, Controls, is Controlled by or is under common Control by the Customer or Workable, where “Control” means the possession (directly or indirectly) of fifty per cent (50%) or more of the voting stock or other equity interest of a subject entity with the power to vote, or the power in fact to control the management decisions of such entity, for so long as such entity continues to be controlled by the Customer.
“Agreement” means this Master Subscription Agreement, including the Data Processing Addendum and Order Form.
“AI-powered Features” means the artificial intelligence or machine learning functionalities within the Services, as specified on the Workable Website.
“Candidate” means an individual seeking employment (on a permanent, temporary, or contract basis) whose information is submitted to or processed through the Services by the Customer, or who interacts with the Services in response to an Opening.
“Company Size” means the total number of individuals engaged by the Customer and its Affiliates, where applicable, to work under the direction or control of the Customer, including all full-time and part-time employees and independent contractors, regardless of the duration of their engagement.
“Company Size Excess” means an excess to the Company size provided by Customer when registering to use the Services.
“Confidential Information” means all information pertaining to business, technology, affairs, customer, clients or suppliers, marketing plans etc. that is designated as confidential or that reasonably should be understood to be confidential, as disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”). Workable’s Confidential information shall include among the others, the Services, pricing, and Quote details.
“Customer Content” means any content uploaded by Customer such as images, videos, audio, files, links to external websites, communication between Users and Candidates or Employees, and all other material of any format, including any Input and Output relating to AI-powered Features (excluding Customer Information).
“Customer Information” means information about the Customer’s organisation, including contact details, billing and administrative data, usage information, and other information provided to or collected by Workable in connection with the Customer’s use of the Services, excluding Customer Content.
“Data Protection Laws” means all applicable data protection and privacy laws and regulations, including the EU General Data Protection Regulation 2016/679 (“GDPR”), the UK General Data Protection Regulation (“UK GDPR”) and the UK Data Protection Act 2018, the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), the revised Swiss Federal Act on Data Protection (“FDAP”), and all other successor legislation and regulation thereto.
“Dispute” any disagreement or claim between the Customer and a Candidate or Employee arising from the Customer’s use of the Services, relating to recruitment or employment matters.
“Employee” means the Customer’s employees.
“Fees” means the fees payable by the Customer for access and use of the Services, as set out in the Order Form.
“Professional Services” means certain services offered by Workable to enable and support a Customer’s access and use of the Services, which may include implementation, training, custom solutions, data migration, data export, consulting, or integrations through a Workable API.
“Openings” means roles or positions that the Customer intends to advertise to recruit employees or contractors. The number of Openings the Customer may post may be limited based on the subscription plan selected, as specified in the applicable Order Form.
“Profile” means information submitted by a Candidate or an Employee through the Services, which may include, without limitation, (i) Candidate academic background, work experience, technical or product skills and employment history or (ii) Employee contact details, role, compensation, etc.
“Software” means Workable’s proprietary software, including all features, functionalities, updates, and associated user interfaces, made available to the Customer as part of the Workable platform or via the Website.
“Subscription Term” means the period from the Effective Date, through the Initial Term and all Renewal Terms, until the expiration or termination of the Services.
“Users” means the Customer’s employees and nominated representatives on their hiring team that create individual user accounts which permit them to access and use the Services on behalf of the Customer.
“Website” means the www.workable.com website, including any mobile applications.
“Workable’s Texting Acceptable Use Policy” means the policy incorporated here by reference.
“Order form” means an order form executed by Customer and governed by this Agreement.