Understanding your rights and responsibilities as an ESLPlacement user
These Terms include the ESLPlacement Privacy Statement which is incorporated into these Terms by reference. Please read these Terms carefully. If You do not accept the Terms stated here, do not use ESLPlacement.com and its services. By using ESLPlacement.com, You agree to be bound by these Terms, including the ESLPlacement Privacy Statement.
ESLPlacement, Inc. ("ESLPlacement") may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing ESLPlacement.com for any reason. The term “post” as used herein shall mean information that You submit, publish or display on any ESLPlacement Site (as defined below).
Use of ESLPlacement Content
ESLPlacement authorizes You to view and access a single copy of the content available on or from ESLPlacement.com solely for your personal use. The contents of ESLPlacement.com, and of all other Web sites under ESLPlacement's control, whether partial or otherwise (ESLPlacement.com and such other Web sites are sometimes collectively referred to as "ESLPlacement Sites") such as text, graphics, images, logos, button icons, software and other ESLPlacement content (collectively, "ESLPlacement Content"), are protected under both United States and foreign copyright, trademark and other laws. All ESLPlacement Content is the property of ESLPlacement or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the ESLPlacement Sites is the exclusive property of ESLPlacement and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the ESLPlacement Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original ESLPlacement Content on any authorized copy You make of the ESLPlacement Content.
You agree not to sell or modify the ESLPlacement Content or reproduce, display, publicly perform, distribute, or otherwise use the ESLPlacement Content in any way for any public or commercial purpose, in connection with products or services that are not those of ESLPlacement.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits ESLPlacement or its licensors, that dilutes the strength of ESLPlacement's or its licensor’s property, or that otherwise infringes ESLPlacement's or its licensor’s intellectual property rights. You further agree to in no other way misuse ESLPlacement Content that appears on this Site. The use of the ESLPlacement Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that ESLPlacement creates to generate or display any ESLPlacement Content or the pages making up any ESLPlacement Site is also protected by ESLPlacement's copyright and you may not copy or adapt such code.
ESLPlacement Site Restrictions.
Users may not use any ESLPlacement Site in order to transmit, post, distribute, store or destroy material, including without limitation, ESLPlacement Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of any ESLPlacement Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any ESLPlacement Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. ESLPlacement will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
In order to ensure a safe and effective experience for all of our customers, ESLPlacement reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in ESLPlacement’s sole discretion from time to time.
Specific Prohibited Uses.
The job posting, resume database (“ESLPlacement Resume Database”) and other features of ESLPlacement.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. ESLPlacement Networking and Profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.
ESLPlacement specifically prohibits any other use of ESLPlacement.com, and all Users agree not to do any of the following: (a) post any jobs on any ESLPlacement Site for any competitor of ESLPlacement or post jobs or other content that contains links to any site competitive with ESLPlacement; (b) post jobs or content on any ESLPlacement Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) post jobs for modeling or talent or talent scouting positions on any ESLPlacement Site; (d) use any ESLPlacement Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the ESLPlacement Resume Database to sell or promote any products or services; (e) use ESLPlacement Networking for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (f) post or submit to any ESLPlacement Site any incomplete, false or inaccurate biographical information or information which is not your own; (g) post on any ESLPlacement Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (h) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any ESLPlacement Site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on any ESLPlacement Site's infrastructure; (k) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any ESLPlacement Site other than the search engine and search agents available from ESLPlacement on such ESLPlacement Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (l) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any ESLPlacement Site; (m) aggregate, copy or duplicate in any manner any of the ESLPlacement Content or information available from any ESLPlacement Site, without express written consent from ESLPlacement; or (n) frame or link to any ESLPlacement Content or information available from any ESLPlacement Site.
ESLPlacement does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, ESLPlacement may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. ESLPlacement has no liability or responsibility to Users for performance or nonperformance of such activities.
When You register with any ESLPlacement Site, You will be asked to create a MyESLPlacement Account or other account and provide ESLPlacement with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with ESLPlacement's Privacy Statement.
ESLPlacement reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by ESLPlacement or by third parties. Please see ESLPlacement's Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information.
Without limiting any of the other disclaimers of warranty set forth in these Terms, ESLPlacement does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through ESLPlacement.com or any other ESLPlacement Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
You understand and acknowledge that you have no ownership rights in your MyESLPlacement Account, and that if you cancel your MyESLPlacement Account, all your account information from ESLPlacement, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in ESLPlacement's databases and will be removed from any public area of the ESLPlacement Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through ESLPlacement’s web servers. In addition, third parties may retain cached copies of your Information.
User Content and Submissions.
You are solely responsible for your MyESLPlacement Account information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any ESLPlacement Site or transmit to other Users. You agree that in submitting User Content or otherwise using any ESLPlacement Site that you will not impersonate any person, or submit any materials to ESLPlacement that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
By posting User Content to any public area of any ESLPlacement Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to ESLPlacement and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).
You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any ESLPlacement Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any ESLPlacement Site retains any and all rights that may exist in such User Content.
ESLPlacement acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, ESLPlacement may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any ESLPlacement Site. ESLPlacement reserves the right to expel Users and prevent their further access to the ESLPlacement Sites and/or use of ESLPlacement services for violating the Terms or applicable laws, rules or regulations. ESLPlacement may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for ESLPlacement, damage ESLPlacement’s brand or public image, or cause ESLPlacement to lose (in whole or in part) the services of its ISPs or other suppliers.
ESLPlacement does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The following is a partial list of User Content that is prohibited on the ESLPlacement Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.
is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
harasses, incites harassment or advocates harassment of any group or individual;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
contains restricted or password only access pages, or hidden pages or images;
displays or links to pornographic, indecent or sexually explicit material of any kind;
provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
solicits passwords or personal identifying information from other Users.
It is also a violation of the Terms, to include in any User Content submitted to ESLPlacement Networking information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You. You may not include in your Profile any telephone numbers, street addresses, email addresses or other means of contacting You, other than your last name and URLs.
In order to protect our ESLPlacement Networking Users from commercial advertising or solicitation, ESLPlacement reserves the right to restrict the number of e-mails which a User may send to other Users to a number which ESLPlacement deems appropriate in its sole discretion.
Each candidate made available through the Skilled and Hourly section of ESLPlacement.com has taken skills interview(s) offered by ESLPlacement. The results of each skilled and hourly candidate's skills interview are not evaluated by ESLPlacement and should be evaluated by each employer based on such employer's specific criteria. The skills interview(s) are proprietary to ESLPlacement and may be changed from time to time in ESLPlacement's discretion. The skills interview(s) do not necessarily guarantee performance results or capture all criteria that may be relevant to an employer in making employment decisions. ESLPlacement does not independently verify the information provided by candidates or the identity of candidates.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, ESLPlacement may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. ESLPlacement has no liability or responsibility to Users for performance or nonperformance of such activities.
We appreciate hearing from our Users and welcome your comments regarding our services and the ESLPlacement Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of ESLPlacement. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. ESLPlacement shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
Additional Terms Applicable to MyESLPlacement Premium
(a) Premium Membership. A MyESLPlacement Premium Member has paid for access to Premium Networking features, along with an exclusive suite of products and content. The product offerings and pricing are subject to change at any time with or without notification to Premium members. A User can access all of the Premium features from his or her MyESLPlacement Account homepage.
(b) Premium Products. MyESLPlacement Premium products are only accessible to Premium Members. The list of Premium products includes, but is not limited to, Resume Enhancements, Priority Resume Listings, Job Search Tutorials, Career Fit Indicator Test, and the ability to store five additional job search agents and five additional resumes over a Basic Membership. These product offerings are subject to change at any time with or without notification.
(c) Premium Cancellation. A User will retain access to the Premium features provided that he or she continues to pay a monthly fee for this access. The User may terminate his or her membership as a MyESLPlacement Premium Member at any time, for any reason by using the online cancellation tool or clicking on the "Help" link and following the provided instructions.
(d) Premium Termination by ESLPlacement. If ESLPlacement terminates your MyESLPlacement Premium account membership because You have breached these Terms or ESLPlacement is unable to verify or authenticate information You have provided, You will not be entitled to any refund of fees paid.
Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any ESLPlacement Site and is accessible on such ESLPlacement Site in a way that constitutes copyright or trademark infringement, please contact our designated agent.
We have designated Jason Kim as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the ESLPlacement Sites. You can contact Jason as follows:
Senior Manager, Compliance and Fraud Prevention
Daehan Bldg #202, 121-173 Dangsan-dong 6 ga,
Yeongdeungpo-gu, Seoul, South Korea
Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
ESLPlacement, Inc., and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of ESLPlacement.com, You agree not to use ESLPlacement.com or any other ESLPlacement Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any ESLPlacement.com Users, and block access to ESLPlacement.com and/or the other ESLPlacement Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
ESLPlacement.com acts as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. ESLPlacement is not involved in the actual transaction between employers and candidates. As a result, ESLPlacement has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and ESLPlacement makes no representations about any jobs, resumes or User Content on ESLPlacement.com. ESLPlacement may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for ESLPlacement, damage ESLPlacement’s brand or public image, or cause ESLPlacement to lose (in whole or in part) the services of its ISPs or other suppliers. While ESLPlacement reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from ESLPlacement.com from time to time, ESLPlacement does not assume any obligation to do so and disclaims any liability for failing to take any such action.
ESLPlacement Networking provides a venue for individuals to network for professional purposes and ESLPlacement does not screen or censor the Profiles or User Content on ESLPlacement.com. ESLPlacement is not involved in the actual communications between ESLPlacement Networking Users. As a result, ESLPlacement has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on ESLPlacement.com and makes no representations about any Profile or User Content on ESLPlacement.com.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through ESLPlacement.com and/or the other ESLPlacement Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using ESLPlacement.com and/or the other ESLPlacement Sites.
Because User authentication on the Internet is difficult, ESLPlacement cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any ESLPlacement Site, in the event that You have a dispute with one or more Users, You release ESLPlacement (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
The ESLPlacement Sites and the ESLPlacement Content may contain inaccuracies or typographical errors. ESLPlacement makes no representations about the accuracy, reliability, completeness, or timeliness of any ESLPlacement Site or the ESLPlacement Content. The use of all ESLPlacement Sites and the ESLPlacement Content is at your own risk. Changes are periodically made to ESLPlacement Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the ESLPlacement Sites. Employers are solely responsible for their postings on ESLPlacement Sites. ESLPlacement is not to be considered to be an employer with respect to your use of any ESLPlacement Site and ESLPlacement shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any ESLPlacement Site.
ESLPlacement cannot guarantee and does not promise any specific results from use of ESLPlacement.com or any ESLPlacement Site. No advice or information, whether oral or written, obtained by a User from ESLPlacement or through or from ESLPlacement.com or any other ESLPlacement Site shall create any warranty not expressly stated herein.
Disclaimer of Warranty.
ESLPLACEMENT DOES NOT WARRANT THAT ANY ESLPLACEMENT SITE WILL OPERATE ERROR-FREE OR THAT ANY ESLPLACEMENT SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY ESLPLACEMENT SITE OR THE ESLPLACEMENT CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ESLPLACEMENT IS NOT RESPONSIBLE FOR THOSE COSTS. THE ESLPLACEMENT SITES AND ESLPLACEMENT CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ESLPLACEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. ESLPLACEMENT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE ESLPLACEMENT CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL ESLPLACEMENT, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY ESLPLACEMENT SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY ESLPLACEMENT SITE AND THE ESLPLACEMENT CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ESLPLACEMENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability.
ESLPLACEMENT'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY ESLPLACEMENT SITE OR YOUR USE OF THE ESLPLACEMENT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
Links to Other Sites.
ESLPlacement.com and certain other ESLPlacement Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by ESLPlacement of the contents on such third-party Web sites. ESLPlacement is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any ESLPlacement Site.
You agree to defend, indemnify, and hold harmless ESLPlacement, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any ESLPlacement Site, (ii) your use of any ESLPlacement Content, or (iii) your breach of the terms of these Terms. ESLPlacement shall provide notice to You promptly of any such claim, suit, or proceeding.
ESLPlacement makes no claims that the ESLPlacement Content may be lawfully viewed or accessed outside of Korea. Access to the ESLPlacement Content may not be legal by certain persons or in certain countries. If You access an ESLPlacement.com or other U.S.-based ESLPlacement Sites from outside of South Korea, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, ESLPlacement’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect ESLPlacement’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of ESLPlacement.com, a particular "Legal Notice," or software license or material on particular ESLPlacement.com pages, these Terms constitute the entire agreement between You and ESLPlacement with respect to the use of ESLPlacement.com. No changes to these Terms shall be made except by a revised posting on this page.
Term and Termination
These Terms will remain in full force and effect while You are a User of ESLPlacement.com at any level. ESLPlacement reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from ESLPlacement.com and the other ESLPlacement Sites and immediate termination of your registration with or ability to access ESLPlacement.com and the other ESLPlacement Sites and/or any other services provided to You by ESLPlacement, upon any breach by You of these Terms or if ESLPlacement is unable to verify or authenticate any information You submit to ESLPlacement.com or pursuant to other ESLPlacement Site registration. Even after You are no longer a User of ESLPlacement.com, certain provisions of these Terms will remain in effect, including Sections 2, 6, 8(b), 10 through 21, inclusive.
These Terms constitute a binding agreement between You and ESLPlacement, and is accepted by You upon your use of the ESLPlacement Site.
Your Privacy Rights
ESLPlacement is committed to protecting the privacy of our users, and strives to provide a safe, secure user experience. This Privacy Statement sets forth the online data collection and usage policies and practices that apply to this web site. It does not apply to information we collect in any other fashion.
By clicking the “Accept” button during registration or by using this site, you explicitly accept, without limitation or qualification, of the collection, use and transfer of the personal information provided by you in the manner described in this Statement. Please read this Statement carefully as it affects your rights and liabilities under law. If you disagree with the way we collect and process personal information collected on the Web site, we recommend that you do not use it.
Scope of this Policy
This statement applies to ESLPlacement.com (the “Site” or Sites”), which is owned by ESLPlacement, Inc. (“ESLPlacement”). It is ESLPlacement’s policy to comply with data protection legislation. This regulates the processing of information relating to you and grants you various rights in respect of your personal data.
The Sites contain links to other web sites over which we have no control. ESLPlacement is not responsible for the privacy policies or practices of other web sites to which you choose to link from this site. We encourage you to review the privacy policies of those other web sites so you can understand how they collect, use and share your information.
Information We Collect and Retain
You do not have to give us any personal information in order to perform job searches or to read the content portions of our Site. We collect the following general types of information about you when you visit our Sites: personal information, demographic information, behavioral information, and indirect information. Sometimes we collect combinations of all these types of information. In each case, it is indicated on the web site whether any personal or demographic data must be provided to use the requested service or not.
Personal information is information that can be used to identify you, or any other individual to whom the information may relate, personally. We do not collect personal information unless you choose to provide it to us. Some examples of personal information that we collect in some areas of our Site, depending on the services you use and local law, are:
Credit card number
Information about third parties, such as references or contacts, that you provide to us if you have their express written consent to do so
Demographic information is information that is not unique to you in the sense that it refers to selected population characteristics, such as your ZIP code or postal code, age, preferences, gender, race or ethnicity, occupation, career history, interests and favorites.
We also collect behavioral information regarding how you use our sites, the areas of our site that you visit, what services you access, and information about your computer hardware and software including your IP address, geolocation, browser and operating system type, domain names, access times and referring Web site addresses. This information is necessary for analyzing the use of resources, troubleshooting problems, preventing fraud, and improving our services.
In addition, ESLPlacement may collect indirect information about you when you use certain third party services on our web site. For example, if you register on our Site by using your Microsoft Passport user name and password, you authorize us to have access to and store the information from your Passport account profile; such information will be subject to, and treated in accordance with, the policies and practices described in this Statement.
How Information is Used
We use the information we gather on the web site for the purposes of providing our services, responding to any queries you may have, operating and improving the web site, fostering a positive user experience and delivering the products and services that we offer to jobseekers and employers. Our services include the display of personalized products, content, and advertising relating to your career experience and interests. The information we gather on any ESLPlacement web site may be shared within the ESLPlacement group of companies on a worldwide basis, including countries that might not have legislation that guarantees adequate protection with respect to your country of residence, in order to deliver these products and services.
By registering with ESLPlacement, by managing your profile, or expressly opting in when presented with choices, you have consented for us to use your information, subject to local law, in the following ways:
to allow you to create an account;
to create a profile for you based on information that you have provided to us;
to contact you about ESLPlacement Site updates, informational and service-related communications, including important security updates;
to provide you additional communications, information, and promotions such as newsletters and career advice;
to inform you of other products or services available from ESLPlacement or its affiliates (“Affiliates” means entities that control, are controlled by or are under common control with ESLPlacement, Inc.);
to enable you to provide feedback, to contact us and for us to respond to you;
to conduct surveys, questionnaires, promotions and contests, and to provide the results thereof such as success stories and contest winners;
to provide information about you and your potential interest in job postings to employer customers;
to provide products and services to employer customers to complete the recruitment and hiring process, such as accessing the searchable resume database;
to provide products and services that enable users to network, post information on bulletin boards, view and compare profiles, and career background and experience;
to generate internal reports about the use of our site; and
to provide ‘forward to a friend’ features.
Some of our products and services, such as our searchable resume database and networking, enable third parties to see your personal information and to contact you. Profile information may be used for networking with other community members or may be visible to employers who are using the ESLPlacement Sites. In addition, portions of your searchable resume (but not your contact information) may be made public in your networking profile.
Information you post in public areas of the site or placed in the searchable resume database will be accessed, used, and stored by others around the world, including countries that might not have legislation that guarantees adequate protection with respect to your country of residence.
By providing your personal information for inclusion in our database, you acknowledge that you consent to your information being used as described here. While ESLPlacement takes measures to safeguard your information from unauthorized access or inappropriate use by third parties, ESLPlacement does not control these third parties and we are not responsible for their use of information you post or otherwise make available in public areas of the ESLPlacement Sites. Accordingly, you should ensure that you do not post sensitive information, including personality profiles, to any ESLPlacement Site.
Disclosure of Information to Others
We disclose to third parties within your country and abroad your personal information, combined personal, demographic, behavioral or indirect information, as set forth below.
1. We may share your information with third parties who help us in the delivery of our own products and services to you. We disclose information to companies and individuals we employ to perform functions on our behalf. Examples include hosting our web servers, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. These companies and individuals may be located in a country whose data protection legislation is different from your country, and they will have access to your personal information as necessary to perform their functions, but they may not share that information with any other third party or use that data for any other purpose. We will remain the data controller and be responsible for any information shared in this way.
2. We may disclose such information to third parties if you consent to such disclosure. For example, if you make your resume searchable, then all parties with access to our searchable resume database (or copies thereof) will have access to that database. If you indicate by configuring your profile that you would like to receive information about the opportunities, products or services of third parties, we supply your contact information to select third parties such as employers, recruiters, data aggregators, marketers or others for the purpose of sending you e-mail or otherwise communicating with you. We use data we have about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities, products or services of a particular third party.
We also share aggregated anonymous information about visitors to the Sites with ESLPlacement’s clients, partners, other Site visitors, and other third parties so that they can understand the kinds of visitors to the Sites and how those visitors use the Sites. We may also aggregate on an anonymous basis data regarding job qualifications, schooling, age, experience level or other information relevant to the job search or competition among job seekers for any such job. Such data may be made available to employers or fellow job seekers or community members.
We supply technology, hosting and related services to other leading companies to power recruitment areas on their Web sites (sometimes referred to as “Hosted Career Sites”). Personal and/or demographic information supplied by you in Hosted Career Sites becomes part of the ESLPlacement database, but it is not accessible by anyone other than you, ESLPlacement, and the company concerned without your consent. If you attempt to register with ESLPlacement after registering with a Hosted Career Site, ESLPlacement will recognize your information and you will be able to use the information you provided to the Hosted Career Site in your account registration.
If you apply for a position through a Hosted Career Site or a co-branded site, you may be asked to provide information on your age, gender or race where permitted by law. You should understand that, if provided, this information should only be used by employers in accordance with applicable law. However, ESLPlacement is not responsible for the actions of such employers. All such information provided will be kept separate by ESLPlacement from your expression of interest in any job opportunity. Providing this information is strictly voluntary and you will not be subject to any adverse action or treatment from ESLPlacement if you choose not to provide this information.
If you apply for a position on ESLPlacement through a Hosted Career Site, you may be asked to provide information on your gender, race, other protected status, or for a government identity number (such as a Social Security Number in the U.S.) where permitted by applicable law. Some employers are required by law to gather this information from job applicants for reporting and record-keeping requirements. You should understand that if provided, this information may only be used by employers only in accordance with applicable law and they should not use it in making any negative employment decisions. All information provided will be kept separate from your expression of interest in any job opportunity. Providing this information is subject to local law.
3. We disclose information if legally required to do so, if requested to do so by a governmental entity or if we believe in good faith – after considering your privacy interests and other factors – that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public. Because ESLPlacement, Inc. is a Korean company and information collected on our Sites is stored in whole or in part in Korea, your information may become subject to Korean law.
4. We may disclose and transfer such information to a third party who acquires all or a substantial portion of ESLPlacement's business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event ESLPlacement becomes the subject of an insolvency proceeding, whether voluntary or involuntary, ESLPlacement or its liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of such information in a transaction approved by the court. You will be notified of the sale of all or a substantial portion of our business to a third party by email or through a prominent notice posted on the Sites.
An Important Note about Your Resume
When you create or post a resume to the Sites, that resume is stored in our searchable resume database in Korea. You may control the status of your resume by setting it to private or public.
If you set your resume as private, it is not searchable by potential employers or other with access to our resume database. You may still use your resume to apply online to a job. If you do apply online to a job, your resume will be transferred to the relevant employer, who may retain a copy of your resume or distribute it to third parties, subject to local law. We cannot control their use and retention of your resume information.
If you set your resume as public, but want your contact information to be confidential, your resume will be searchable by potential employers, but we will hide your contact information and current company. You must also remove your contact information from your uploaded or copy and paste text resume. You should be aware that if you have a rare skill or job title, for example, it may still be possible for you to be identified even without your contact details being included. If you are worried about being identified, you should not include specific details by which you could be identified.
If you use a confidential resume to apply to a job online, the employer to whom you send your resume will be able to view your contact information in order to contact you about your application.
If you allow your resume to be searchable without making it confidential, then all parties with access to our searchable resume database (or copies thereof) will have access to your resume. Employers or other parties with access to our searchable resume database may be located in countries whose data protection legislation may not be equivalent to the laws in your country. For example, your resume may be viewed and accessed by employers outside the European Economic Area who have access to our searchable database. By making your resume searchable, you are expressly consenting to such transfers of data occurring.
We attempt to limit access to our searchable resume database to legitimate users such as paying employers, recruiters, hiring managers, headhunters and human resource professionals, as well as law enforcement and national security agencies, but cannot guarantee that other parties will not gain access to this database.
We cannot control the use made of resumes by third parties who access such resumes while they are in our searchable database. You may remove your resume from our searchable database at any time; details of how to do this are given below. However, employers, recruiters and others who have paid for access to that database, as well as parties who have otherwise gained access to the database may have retained a copy of your resume in their own files or databases. We cannot control the retention, use or privacy of resumes or profiles that have been downloaded by third parties. Accordingly, you should not put sensitive information, personality profiles, or other information you would not want made public, in your resume.
If you provide us with details of a reference, it is your responsibility to ensure that the person is aware that you have forwarded his/her details and has consented in writing for you to do so.
If you use our facilities to build a resume or to post a resume in our database of jobseekers’ resumes, then you will be providing us with personal data we will use in accordance with this Statement. Your resume must not contain sensitive data relating to your (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or genetic makeup (vi) addictions, sexual life (vii) the commission of criminal offences or proceedings and associated penalties or fines, or (viii) any Social Security Number or national identification number, if you set your resume as private unless you have previously sent to us your written consent that we may process your sensitive personal data, if ESLPlacement determines this to be a requirement of applicable law. If your resume does contain such data and you set your resume as public, then you agree that we may retain this information and use it in accordance with this Statement. We cannot control third parties’ access to such information from our searchable database.
Posting Your Information to Public Areas of ESLPlacement
Please remember that if you post any of your personal information in public areas of ESLPlacement, such as in online forums or chat rooms, or in the searchable resume database, such information may be collected and used by others over whom ESLPlacement has no control. We cannot control the use made by third parties of information you post or otherwise make available in public areas of ESLPlacement.
Your Choices About Your Information
Because managing your career is a life-long process, we retain all the information we gather about you in an effort to make your repeat use with us more efficient, practical and relevant until you change or remove your personal data as described below. You may have access to, review, correct, update, change or delete your account profile information or resume at any time. Simply log into your account, go to your profile or resume, and make the necessary changes. You may delete your resume from ESLPlacement’s online database at any time by accessing your account. Before providing you with a copy of your personal information or correcting, updating or deleting such information, we reserve the right to verify and authenticate your identity and the personal information to which you have requested access. Access to or correction, updating or deletion of your personal information may be denied or limited by ESLPlacement if it would violate another person’s rights and/or as otherwise permitted by applicable law. We will respond to information access requests within 30 days of receipt. If we require additional time to provide access to your information, we will acknowledge receipt of your request within 30 days and promptly supplement our response within the time period required by applicable law.
If you wish to delete or close your account or account profile information altogether, please contact us. An email will be sent to you to confirm that your personal information has been deleted (save for an archival copy which is not accessible by you or third parties on the Internet). The archival copy is retained only for as long as ESLPlacement reasonably considers necessary for audit and record purposes. We will retain logs, demographic, indirect, and statistical information about you and keep an archival copy of this information in an anonymized form. If your personal information was previously accessed by others using our Sites, we are not able to delete the information or copies thereof from their systems.
If you are a job seeker with a public resume and have not logged onto the web site for an extended period, we may make your resume unsearchable.
If you wish to revoke your consent to our Privacy Statement, please contact us. However, please note that if you do withdraw your consent, you may not be able to use the relevant services and your account and profile information will be deleted.
If you previously opted to receive newsletters, commercial e-mails or other communications from ESLPlacement or third parties, but subsequently change your mind, you may opt-out by editing your account profile as described above. If you previously opted not to receive such communications, you may later opt-in by editing your account profile.
Changes to Privacy Statement
If we decide to change the substance of our Privacy Statement for ESLPlacement, we will, where required, contact you via the email address that you maintain in your profile. We will also post those changes through a prominent notice on the web site so that you will always know what information we gather, how we might use that information, and to whom we will disclose it.