Welcome to www.gloat.com! Please read these terms and conditions carefully before using this website or any part of the related services, as they constitute a legally binding agreement between you and Gloat Inc. (“Gloat”, “we”, “our” or “us”), and check them periodically for changes.
ANY USE OF THIS WEBSITE, OUR APPLICATIONS OR THE SERVICES AVAILABLE FROM TIME TO TIME ON OR IN CONNECTION WITH OUR WEBSITE OR APPLICATIONS (COLLECTIVELY, THE “SERVICE”), IS SUBJECT TO AND CONDITIONED UPON YOUR CONSENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”). BY USING THE SERVICE YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT AND THAT YOU ARE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT.
We may change the terms of this Agreement from time to time by posting notice on our website at www.gloat.com, with a five (5) day advance notice. Your continued use of the Service shall constitute your consent to any changes made. If you do not agree to the new terms, you should not use and are free to discontinue using the Service.
THE SERVICE IS A TOOL FOR SEARCHING, SELECTING AND INTRODUCING SUITABLE CANDIDATES (THE “CANDIDATE”) FOR POSITIONS AT POTENTIAL EMPLOYERS AND COMPANIES (THE “EMPLOYER” OR “YOU”), AND IS INTENDED ONLY TO ASSIST YOU IN THAT MATTER (THE “PURPOSE”). WE HAVE NO CONTROL OVER THE COMPLETENESS, VALIDITY, CONSISTENCY, NOR ACCURACY OF ANY CONTENT PROVIDED (OR LACK OF SUCH) BY YOU OR OTHERS OR ANY ENGAGEMENT BETWEEN YOU AND ANY OTHER THIRD PARTY, INCLUDING CANDIDATES.
With respect to each Entitling Candidate, the following fees will apply:
In connection with the Service, you agree (i) to abide by all applicable Israeli law and international laws and regulations, (ii) only make use of information that you own or have a right to use, and (iii) only act appropriately. Without limiting the above, you may not:
We cannot and do not assure that other users of the Service are or will be complying with this Agreement, and, as between us, you assume all risk of harm or injury resulting from any such lack of compliance.
The Content, including without limitation the Marks, that were not uploaded by you, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to any Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Content and Service not expressly granted herein are reserved. We make no claim of ownership as to the trademarks of any third party linked or displayed on the Service, or with respect to any publisher or publication mentioned on the Service.
Attention: Copyright Agent, Gloat Inc., 108 Yigal Alon St.; OR by electronic mail at: [email protected].
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUBMISSION OF CONTENT BY YOU OR OTHERS DOES NOT IMPLY ENDORSEMENT BY US OF THE CONTENT. WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THE SERVICE MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR USE OF THE SERVICE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECITON WITH SUBMISSIONS OR PREVENTTION OF UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT; OR (III) YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
YOUR USE OF THE SERVICE AND CONTENT, AND ANY ACTION OR INACTION BY USERS OF THE SERIVCE, ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THE SERVICE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THE SERVICE), (II) IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) REPRESENTATIONS, WARRANTIES, ACTIONS OR INACTIONS OF ANY USER OR OTHERS (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICE); IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. However, we will be liable to you for direct damages to you that arise out of any willful act on our part in an amount up to one hundred dollars ($100).
Any claim or cause of action arising out of or related to use of the Service or to the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THE SERVICE OR THE CONTENT, INCLUDING WITHOUT LIMITATION OUR ACTIONS OR OMISSIONS WHILE PROVIDING THE SERVICES (EXCEPT FOR OUR BREACH OF THE AGREEMENT AS A RESULT OF WILLFULL MISCONDUCT OR FRAUD ON OUR PART); (II) YOUR CONTENT, PERSONAL INFORMATION AND REGISTRATION DATA; (III) ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU; (IV) ANY ACT OR OMISSION BY YOU, WHETHER OR NOT ILLEGAL, NEGLIGENT, RECKLESS, OFFENSIVE, UNAUTHORIZED OR UNPROFESSIONAL; (V) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION VIRUSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK; (VI) YOUR GLOAT ACCOUNT, BY YOU OR BY ANY ONE ACCESSING YOUR ACCOUNT WITH OR WITHOUT YOUR CONSENT.
We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
This Agreement will be governed by laws of the State of Israel without regard to its choice of law or conflicts of law principles. You and we consent to the exclusive jurisdiction and venue in the courts in Tel Aviv, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
This Agreement shall not create, nor will it create an obligation to form a joint venture, partnership or other formal business relationship of any kind nor will it prohibit either Party from engaging in similar discussions with a similar project, with any other third party.
At all times during the term of this Agreement no employment relationship, joint venture, partnership, or other formal business relationship of any kind shall exist or be construed to exist between us and you and therefore, with respect to the communications with you, we shall not be subject to any labors law, including without limitation the following Israeli labor laws: Hours of Work And Rest Law, Sick Pay Law, Collective Agreements Law, Annual Leave Law, Employment of Employee by Manpower Contractors Law, Minimum Wage Law, National Insurance Law (consolidated version), Notice to Employee and Candidate for Employment Law (Working Conditions and Procedures For Classification and Hiring). Neither Party shall be authorized to bind, commit or assume any obligations or liability on behalf of the other Party, nor will it prohibit either the other Party from engaging in similar discussions with third parties.
Data protection is one of the main components of Gloat’s security program as we are committed to customer trust and data safety.
Data Protection Awareness Training
All Gloat employees undergo security and privacy awareness training upon hire and annually thereafter. Specific roles may undergo security training more frequently dependent on access to sensitive information. Our culture is one that values customer trust and protection, so employees follow best practices to ensure the safety of customer data.
Access Management and Authentication
All access to sensitive customer data is restricted via a policy of least privilege, and access is reviewed regularly. Access to our sensitive systems requires SSO with 2FA as well as VPN connectivity. Access to customer data or sensitive systems is strictly limited to specific roles based on a policy of least privilege. Access is regularly reviewed. All Admin Access to our sensitive systems is logged, and logs are stored indefinitely.
Gloat utilizes multiple AWS data centers globally so that we can assist our global customer base in complying with relevant data protection regulations. Our customers can request that their data be stored in a particular region according to their compliance needs.
Gloat has a formal data retention policy which outlines the retention period for customer data. Our customers can request an executive summary of our policy upon signature of mNDA.
Data Subject Rights
End users (employees of our customers, or Data Subjects) may reach out to our support team with any questions regarding their data. [email protected]
Copyright © 2021, Gloat Inc. All rights reserved.