Terms and Conditions

Last updated:

September 19, 2020

The Terms and Conditions displayed on the website (“Terms and Conditions / Terms”) operating under the name of ‘www.whitecrow.co’ (“Website”) featuring the portals ‘talent.whitecrow.co’ (“Talent Platform”) and ‘hire.whitecrow.co’ (“Talent Marketplace”) (Talent Platform and Talent Marketplace are collectively referred to as “Portals”) is a data base of the candidates endorsing the products on the Portals which essentially operates as a networking platform and is applicable to:

(i) the candidate accessing/signing-up on the portal ‘talent.whitecrow.co’ / Talent Platform, with the intent to seek job opportunities (“Individual Candidate”); or

(ii) the candidate and/or the designated employees of such candidate, subscribing to the portal ‘hire.whitecrow.co’ / Talent Marketplace with the intent to search for appropriate talents from across the internet to suit an employer’s job profile requirements (“Subscribing Candidate”). The Individual Candidate and the Subscribing Candidate are collectively referred to as “Candidates / You / Your”.

The Terms displayed on the Website are construed to be in the nature of an agreement between White Crow Research Private Limited (“WhiteCrow / We”) and the Candidates. These Terms govern the Candidates’ access to the database through the Website and the use of WhiteCrow’s (i.e., the Portals) Software and/or Services (defined as below).

Pursuant to the Terms and Conditions along with the Data Privacy Policy [including addendum(s)], the Service Level Agreement and the Subscription Form (applicable to the Subscribing Candidate subscribing to the portal ‘hire.whitecrow.co’), displayed on the Website and the content and services available on or through any of the foregoing, shall hereinafter be collectively referred to as the “Agreement” provided to the Candidates by WhiteCrow.

BY ACCESSING / SIGNING UP OR SUBSCRIBING TO THE SERVICES PROVIDED BY WHITECROW ON THE WEBSITE / PORTALS, OR ANY CONTENT OR SERVICES PROVIDED ON SUCH SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ARE AGREEING TO BE BOUND BY THESE TERMS AND THEREBY ENTERING INTO THE AGREEMENT. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN ENTITY, SUCH AS YOUR EMPLOYER OR THE COMPANY YOU WORK FOR, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND, AND DO HEREBY BIND, THAT ENTITY AND ITS AFFILIATES TO THESE TERMS AND IN WHICH CASE THE TERM “YOU / YOUR” AS DEFINED HEREINABOVE SHALL REFER TO AND MEAN SUCH ENTITY AND ITS AFFILIATES.

IN ADDITION, THE SOFTWARE AND SERVICES MAY NOT BE ACCESSED FOR THE EXCLUSIVE PURPOSE OF MONITORING PERFORMANCE OR FUNCTIONALITY OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

WHITECROW’S DIRECT COMPETITORS ARE PROHIBITED FROM ACCESSING THE SOFTWARE AND/OR SERVICES PROVIDED BY WHITECROW, EXCEPT WITH WHITECROW’S PRIOR WRITTEN CONSENT.

WHITECROW / WEBSITE RESERVES ITS RIGHT TO PERIODICALLY MODIFY / UPDATE THESE TERMS.

  1. SERVICES:

    WhiteCrow through the Website and the Portals, provides services pursuant to a “software-as-a-service” (i.e., “SaaS”) delivery model, primarily in the nature of a recruitment market place, under which You use the applicable software components (the “Software”) providing access to database through the Website in addition to providing SaaS services via internet: (i) on no payment basis by accessing/signing-up on the portal ‘talent.whitecrow.co’, in case of an Individual Candidate; or (ii) on a subscription service basis, by entering into and executing a subscription form subscribing to the Services displayed on the portal ‘hire.whitecrow.co’ (“Subscription Form”), in case of the Subscribing Candidate. Accordingly, during the Term / Subscription Term / Renewal Term / Trial Subscription Term, as the case may be, and subject to the compliance to the provisions of the Agreement, WhiteCrow grants You a non-exclusive, non-transferable, limited, time-bounded license (non-sub licensable) to access the database through the Website and use the SaaS services and/or Services (defined as below) via internet. The access to the database through the Website and the SaaS services, may only be used in support of Your professional/business operations.

    “The Portals’ AI engine” is a network of knowledge that stores data on jobs, skills, companies, industries, people, places and more. This enables WhiteCrow / Website to provide a platform in the nature of a Talent Platform and Talent Marketplace to identify the right talent / job opportunities and to maximize the scope of utilization of the Website. WhiteCrow may also provide platform to the customers of WhiteCrow and/or ‘www.whitecrowresearch.com’ to reach out to the Individual Candidate on the Talent Platform. WhiteCrow’s Services grants access to the database provided on the Portals through the Website which aid in tracking public profiles to identify and locate appropriate talent from across the internet. WhiteCrow’s sourcing involves pairing of proprietary tech with a human touch to engage and acquire talent from over 20 (twenty) channels. Website’s screening algorithms work on self-reported information to identify qualified and relevant talent. They may also pass the process of a manual phone screening from one of WhiteCrow’s talent advocates. In addition to the same, the portal ‘talent.whitecrow.co’ also aid and assist the Individual Candidate using the said portal to display their portfolios to seek appropriate and desired job opportunities. You shall select Your desired criteria and a list of options shall be available to You. To further ease the process, the Individual Candidate shall be free to filter the job opportunities and the Subscribing Candidate shall be free to filter the potential talents, upon gaining access to the database and use of SaaS (“Service(s) / WhiteCrow’s Services”).

    The Website is an extension to the services provided on the portal ‘www.whitecrowresearch.com’, having advanced features enhancing the services available to the Candidates

    1. The mode of providing the Services on the Portals through the Website:

      1. For the Individual Candidate: The Individual Candidate accessing/signing-up to the Services on the Talent Platform will primarily access the Website. The Individual Candidate through the Services provided on the Talent Platform will apply to the jobs: (i) published on the Website, in which case the customers of WhiteCrow and/or ‘www.whitecrowresearch.com’ will have access to the profiles of the Individual Candidate; or (ii) by virtue of accessing/signing-up to the Talent Platform. A talent advocate/consultant of WhiteCrow will approach, coordinate and cooperate with the Individual Candidate using the Services, to apply for the desired job opportunity through the Talent Platform (“Talent Advocate”). The Talent Advocate will seek Individual Candidate’s permission before introducing such candidate either to a customer of WhiteCrow or the Subscribing Candidate reaching out from the Talent Marketing portal. In case a Subscribing Candidate approaches the Individual Candidate with an interview request through the Talent Advocate, such request will appear on the dashboard of the Website and the Individual Candidate will have an option to accept or ignore/reject such request.
      2. For the Subscribing Candidate: The Subscribing Candidate subscribing to the Services on the Talent Marketing portal will primarily access the Website. At the initial stage, the Individual Candidate’s anonymous profile will be visible to the Subscribing Candidate and if the Subscribing Candidate is interested in a particular Individual Candidate’s profile, will approach the Talent Advocate with a request for scheduling a job interview with such Individual Candidate. Upon the Individual Candidate’s acceptance of such request, the Subscribing Candidate will be able to view the un-anonymised profile of the Individual Candidate.
    2. Restrictions

      The Candidates shall not, directly or indirectly, and shall not authorise any person, to the maximum extent permitted by applicable law to (i) decompile, disassemble, reverse engineer or attempt to reconstruct or discover any elements of; (ii) translate, adapt, or modify; (iii) write or develop any program based upon; (iii) sell, sublicense, transfer any rights in, use for the benefit of, or allow access to unauthorised persons to; (iv) transmit unlawful, infringing or harmful data or code to or from; (v) replicate significant portions of WhiteCrow’s / Website’s data; or (vi) otherwise use except as expressly permitted hereunder, in each case of (i) to (vi), the WhiteCrow’s Services (including all technology constituting or used to provide such Service) or WhiteCrow’s / Website’s data, as applicable.

      RestThe Candidates will cooperate with WhiteCrow in connection with the performance of the Agreement by making available information as may be reasonably required, and taking such other actions as WhiteCrow may reasonably request. The Candidates will also cooperate with WhiteCrow / Website in establishing a password or other procedures for verifying that, only the authorized Individual Candidate / Subscribing Candidate will have access to the Services.

      WhiteCrow / Website reserves the right to remove information (in part) of the Candidates provided on the Website /Portals, to the extent as may be required by the applicable law in certain countries.

    3. Trial Subscription Term:

      If the candidate intending to subscribe to the Services on the portal ‘hire.whitecrow.co’ has selected a demonstration subscription/trial subscription/any similar subscription, then, during the Trial Subscription Term (defined as below), WhiteCrow’s Services will be provided to such candidate on a trial basis which shall be free of cost. After the expiration of the Trial Subscription Term, unless such candidate chooses to order a paid subscription to WhiteCrow’s Services on the said portal, the candidate’s access to the portal ‘hire.whitecrow.co’ will automatically terminate, subject to Section 4.1 of these Terms.

  2. AUTOMATED PROCESSING:

    1. The Portals provide a platform to the Candidates by featuring the information provided on the Talent Platform and enabling the display of the same on the Talent Marketplace. The profiles of the Individual Candidate on the Talent Platform may also be accessed by WhiteCrow, to recommend the profiles of such Individual Candidate to the customers of WhiteCrow and/or ‘www.whitecrowresearch.com’ and the Individual Candidate may, by using the Services and with aid of the Talent Advocate, respond to the requests of the customers of WhiteCrow and/or ‘www.whitecrowresearch.com’, interested in such a candidate. Sharing of such information on the Portals by providing a unified platform may be useful for a comprehensive approach of the Candidates towards a potential talent’s profile, thereby assisting the Candidates to analyse and identify such potential talents and/or desired job opportunities for such talents, as the case may be.
    2. Upon the Individual Candidate accessing/signing-up to the Services on the portal ‘talent.whitecrow.co’, the said portal will provide an option to the Individual Candidate to activate the ‘view profile’ option, wherein the Individual Candidate’s profile shall be visible to the Subscribing Candidate as specifically categorized/identified by the Individual Candidate. If the Individual Candidate does not opt to activate the said option, the Individual Candidate’s profile will remain anonymous to all the Subscribing Candidate and shall be un-anonymised upon the Individual Candidate’s acceptance of the interview request of the Subscribing Candidate.
    3. The candidate merely accessing the information on the portal ‘hire.whitecrow.co’ will initially be able to access an anonymized profile of the candidate seeking job opportunities. However, upon subscribing to the Services on the portal ‘hire.whitecrow.co’, the Subscribing Candidate shall be able to unlock the complete profile of the Individual Candidate in the manner as stated in Section 2.2, above and enhance the productivity of the Services proved on the said portal.
    4. In case a Subscribing Candidate approaches the Individual Candidate with an interview request through the Talent Advocate, such request will appear on the dashboard of the Website and the Individual Candidate will have an option to accept or ignore/reject such request.
    5. The Individual Candidate will have to include his/her user profile’s details, including contact information and other personal information in the research conducted by WhiteCrow for a WhiteCrow’s customer / Subscribing Candidate upon accepting a request from a Subscribing Candidate or a customer of WhiteCrow, subject to the extent as provided in the Data Privacy Policy.
    6. WhiteCrow / Website may shortlist and submit the Individual Candidate’s profile’s details in addition to or instead of the details as submitted by such Individual Candidate at the time of accessing/signing-up to the Talent Platform.
    7. The Individual Candidate accessing/signing-up to the Services on the portal ‘talent.whitecrow.co’, shall also have an option to provide WhiteCrow / Website with the right to access such Individual Candidate’s profiles on the other websites with an intention to grab and drop the particulars including their ‘Curriculum Vitae’ (“CV”), portfolios etc., on the said portal. In the event such Individual Candidate permits such access to WhiteCrow / Website, such activity of WhiteCrow / Website shall not be construed as scrapping of the data of that particular website.
    8. It is made expressly clear that, the elements forming part of the compilation of the Individual Candidate’s data relating to age, ethnicity, gender etc., whether directly compiled or implied, is made with the purposes of inclusion and not to create any bias or discrimination of any nature whatsoever against the Individual Candidate. WhiteCrow proposes, recommends and anticipates that the Subscribing Candidate / customers of WhiteCrow and/or ‘www.whitecrowresearch.com’ uses such data, employing the principles and fundamentals of the right to equal employment. WhiteCrow / Website is not responsible for any consequential implications pertaining to the method and manner of use of such data by the Subscribing Candidate / customers of WhiteCrow and/or ‘www.whitecrowresearch.com’.
    9. WhiteCrow in no event represents that, the Candidates’ accessing/signing-up or subscribing to the Services on the Website / Portals will guarantee the results as envisaged by WhiteCrow and the Candidates.
    10. WhiteCrow’s Services are restricted to providing a platform to the Candidates in the manner as stipulated under this Section. Therefore, WhiteCrow is exempted from any responsibility consequential to the business relations established between the: (i) Candidates by using of the Services available on the Portals; and (ii) Individual Candidate and the customers of WhiteCrow and/or ‘www.whitecrowresearch.com’.
  3. LINKS TO OTHER SITES:

    The Website and the Portals contains links to third party websites. These links are provided solely for the purpose of convenience of the Candidates. WhiteCrow / Website / Portals will provide links to ‘www.whitecrowresearch.com’, which will operate as a ‘helpdesk’ and provide services to the Candidates, in any event the Candidates encounters issues with respect to: (i) the Services provided on the Website / Portals; or (ii) the terms of the Agreement. WhiteCrow / Website / Portals will also provide links to third party websites including but not limited to ‘WhiteCrow’ group entities (“Sites”). The Sites can also be accessed by the Candidates, at their discretion, to use other services provided on these Sites to aid and help in achieving their desired outcome. The Website and the Portals may also contain links to other websites, with an intent to give access to the landing page of ‘LinkedIn’, ‘Indeed’ etc.

    WhiteCrow / Website in no event is engaged in the activity of scrapping of the data from the other websites and is in compliance of any anti-scrapping policies or such similar terms of the other websites. The Services provided by WhiteCrow enables WhiteCrow / Website to grab and drop specific data for a specific instance, pertaining to an Individual Candidate, to ease and assist the Candidates to analyse and identify potential talents and/or desired job opportunities for such talents, as the case may be, from across the internet. The grab and drop feature is provided solely to ease the capture of information for an instance identified by the Subscribing Candidate / customers of WhiteCrow and/or ‘www.whitecrowresearch.com’ from a particular website and is not provided or intended to be provided for ‘bulk scrapping’ of information by the Subscribing Candidate / customers of WhiteCrow and/or ‘www.whitecrowresearch.com’.

    WhiteCrow / Website will not be responsible for the content of the Sites or the other websites to which the Website and the Portals provides links to and does not make any representations regarding the content or accuracy of the materials provided on such Sites or the other websites. If You decide to access such Sites or the other websites, You do so at Your own risk.

  4. TERM AND TERMINATION:

    1. The term and termination applicable to the Candidates under the Agreement shall be as under:

      • For the Individual Candidate: The Agreement will commence on the ‘effective date’, i.e., the date of accessing/signing-up of the Individual Candidate on the portal ‘talent.whitecrow.co’, which will be effective until the Individual Candidate deactivates the account and thereby discontinues accessing to the Services offered on the said portal, i.e., ‘talent.whitecrow.co’ (“Term”).
      • For the Subscribing Candidate: The Agreement will commence on the ‘effective date’, i.e., the date as reflected on the Subscription Form, upon the Subscribing Candidate subscribing to the portal ‘hire.whitecrow.co’, which will be effective until the end of the term of subscription (i.e., time-based subscription / validity of the credits, whichever is earlier, depending on the agreed subscription option) (“Subscription Term”).

      Upon the end of the Subscription Term, the Agreement with respect to the Subscribing Candidate may further continue to be in effect on an automatic renewal basis (“Renewal Term”), unless the Subscribing Candidate or WhiteCrow provides at least 30 (thirty) days prior written notice (before the date of the expiration of the Subscription Term or the Renewal Term) of its desire not to renew. The termination request (notice) under this Section will be given in accordance with Section 12 (Miscellaneous) of these Terms.

      Notwithstanding anything to the contrary in the Agreement, post expiry or pre-determination of the Subscription Term / Renewal Term / Term / Trial Subscription Term, as the case may be, the Candidates may at the discretion of WhiteCrow, continue to have access to the Portals through the Website for a duration of 15 (fifteen) days, solely with the intent to enable the Candidates to access and retrieve its data to the extent as permitted under the Data Privacy Policy.

    2. Notwithstanding the forgoing, the Term shall remain effective unless terminated earlier in accordance with the Agreement, subject to a notice of such termination provided in accordance with Section 12 (Miscellaneous).

      In the event of a notice of termination provided by WhiteCrow or the Subscribing Candidate (in accordance with Section 4.1), as the case may be, the Agreement and the rights and obligations contained therein shall stand terminated (as on the date of the termination reflected in the notice), save and except any obligations that expressly survives the termination as provided under Section 12 (Miscellaneous). If the candidate intending to subscribe has selected a demonstration subscription/trial subscription/any similar subscription, which shall be for a duration as will be mentioned on the portal ‘hire.whitecrow.co’ for the demonstration of the Services (“Trial Subscription Term”), then, the Agreement will commence on the date WhiteCrow’s Services are first made available to the such candidate and will terminate immediately upon the expiry of the Trial Subscription Term, if such candidate does not opt to subscribe to WhiteCrow’s Services at the end of the Trial Subscription Term. WhiteCrow may terminate the Trial Subscription Term for its convenience, at any time upon providing notice to such candidate in this respect.
    3. Material breach:

      WhiteCrow or the Candidates i.e., the non-defaulting party may terminate the Agreement upon written notice if the defaulting party breaches any material provision of the Agreement and fails to correct such breach within 7 (seven) working days after receipt of written notice of such breach. In case of the Subscribing Candidate, the failure to make payment when due shall also constitute a material breach of the Agreement on the part of such Subscribing Candidate. Unless the payment has been made, WhiteCrow through the Website / Portals reserves the right to suspend such Subscribing Candidate’s access to the Services, subject to Section 4.1 above: (a) immediately upon termination as stated in Section 4.5(i) below; or (b) in case of auto-renewal of the Services, after 7 (seven) days of such payment has become due and payable.

    4. Suspension:

      Notwithstanding anything to the contrary in the Agreement, WhiteCrow through the Website / Portals may impose limitations on usage, and/or temporarily suspend the Subscribing Candidate’s access or the Individual Candidate’s access to any portion or all of the Services if WhiteCrow reasonably determines that (i) there is a threat to or attack on any of the Services; and (ii) the Candidates’ use of the Services abuses, disrupts or poses a security risk to the Services or to any other candidate/customer of WhiteCrow. As stated in Section 4.3, above, WhiteCrow through the Website / Portals may also suspend the Services of the Subscribing Candidate, upon expiry of 7 (seven) days from the date of the payment becoming due and payable, in case of auto-renewal of the Services.

      Upon such suspension of the Services, WhiteCrow shall within 7 (seven) working days analyze and investigate the reasons of suspension as mentioned in this Section. At the end of this period, WhiteCrow will either terminate the Agreement under Section 4.3 above or reinstate the Services to the Candidates. WhiteCrow will have no liability for any damages, liabilities, losses (including any loss of data or profits), or any other consequences that the Candidates may incur as a result of such suspension of the Services.

    5. Effect of Termination:

      Subject to Section 4.1 above, upon the expiration of the Subscription Term / Renewal Term / Term / Trial Subscription Term, as the case may be, or pre-determination of the Agreement for any reason: (i) the Individual Candidate’s or the Subscribing Candidate’s right to access and use the Services on the Website will automatically terminate; (ii) the profile of the Individual Candidate shall be deleted from the Website / Talent Platform within a reasonable time period; (iii) all outstanding payment obligations of the Subscribing Candidate will become due and payable immediately; and (iv) immediately upon expiration or pre-determination, WhiteCrow / Website will have no further obligation to store or permit retrieval of: (a) the data shared with the Subscribing Candidate in accordance with Section 2 (Automated Processing) of these Terms; and (b) the data of the Candidates as retained and collected during the Subscription Term / Renewal Term / Term / Trial Subscription Term, as the case may be. However, WhiteCrow / Website will within 7 (seven) working days of the expiration or pre-determination, provide to the Subscribing Candidate, with a copy of the information shared directly by the Subscribing Candidate with WhiteCrow / Website, while WhiteCrow / Website will have the right to retain its data sourced from the Services provided on the Website/ Portals, for perpetuity.

  5. PAYMENT AND PAYMENT TERMS FOR THE SUBSCRIBING CANDIDATE:

    The Subscribing Candidate will pay WhiteCrow through the Website, the applicable fees subject to the duration of the subscription as stated in Section 4.1(b), above, for the Subscription Term as described on the portal ‘hire.whitecrow.co’, in accordance with the terms of the Agreement. WhiteCrow through the Website/ portal ‘hire.whitecrow.co’, reserves the right to revise / modify the fees payable by the Subscribing Candidate (mentioned on the said portal) for the applicable Subscription Term and/or Renewal Term.

    1. Invoices:

      All fees will be invoiced upon the effective date, i.e., the date as reflected on the Subscription Form. No part-payment of the fees shall be entertained. The payment of the fees shall be made immediately upon receipt of the invoice.

      WhiteCrow through the Website/ portal ‘hire.whitecrow.co’, reserves the right to charge the Subscribing Candidate a ‘late fee’ for any payments received later than 7 (seven) days from the date of the invoice.

      Any dispute with respect to the invoice raised will be communicated to WhiteCrow not later than 7 (seven) days upon the receipt of such invoice, in the manner as stipulated in Section 12 (Miscellaneous) of these Terms.

      In the event the Subscribing Candidate fails to make payment against the invoice and upon expiry of 7 (seven) days from the date of such invoice, in case of auto-renewal, WhiteCrow through the Website / Portals reserves the right to suspend the Subscribing Candidate’s access to the Services.

    2. Taxes

      Any amounts payable hereunder are exclusive of all the applicable taxes and the Subscribing Candidate shall be responsible for payment of all the applicable taxes. Subscribing Candidate based in India shall be provided invoices in compliance with applicable laws to include Goods and Services Tax (GST) or any other similar tax as may be applicable at the time of subscribing the Services. Any additional tax liability arising on account of introduction of GST (whether on account of increase in rate or any change brought in by the new tax regime) would be recovered over and above the subscription amount/service fees or any other price as agreed under the Agreement. WhiteCrow through the Website, shall be paid all dues in full and shall not be responsible for any other applicable taxes in the Subscribing Candidate’s jurisdiction and / or withholding on payments due to it.

    3. Except as expressly set forth in the Agreement, all fees is non-refundable and cannot be cancelled.

  6. REPRESENTATION OF THE CANDIDATES:

    1. During the subsistence of the Term, the Individual Candidate, represents and covenants the following:

      1. The Individual Candidate, represents to be 18 (eighteen) years (“Minimum Age”) or older to register/access/sign-up on the portal ‘talent.whitecrow.co’ and use the Services provided thereupon. However, if any applicable law requires that the Individual Candidate must be older i.e., more than 18 (eighteen) years, in order for WhiteCrow to lawfully provide the Services to the Individual Candidate on the Talent Platform (including using of the Individual Candidate’s personal data) then the Minimum Age is such older age.
      2. The Individual Candidate undertakes to provide adequate and authentic information to access, use and manage its account on the portal ‘talent.whitecrow.co’, as is required and necessary for WhiteCrow’s / Website’s record and further undertakes to update of any change with respect to the same, by giving notice to WhiteCrow in accordance with Section 12 (Miscellaneous), from time to time.
      3. The Individual Candidate shall provide accurate and authentic information for accessing/signing-up on the portal ‘talent.whitecrow.co’, including but not limited to real name, active email ID, citizenship, other information necessary for the profile etc., and to keep WhiteCrow updated of any change during the Term.
      4. The Individual Candidate represents and undertakes to include his/her user profile’s details, including contact information in the research conducted by WhiteCrow for a WhiteCrow’s customer / Subscribing Candidate upon accepting a request from a Subscribing Candidate or a customer of WhiteCrow, subject to the extent as provided in the Data Privacy Policy.
      5. The Individual Candidate agrees and represents that his/her data will be accessed by WhiteCrow and/or ‘www.whitecrowresearch.com’ customers as well as the Subscribing Candidate.
      6. The Individual Candidate shall make its information available for viewing on the portal ‘talent.whitecrow.co’, save to the extent that the Individual Candidate may have instructed WhiteCrow / Website to restrict viewing options.
      7. The Individual Candidate will communicate, cooperate and coordinate with the Talent Advocate to submit requests for desired job opportunities and accept or reject/ignore the requests of the WhiteCrow’s and/or ‘www.whitecrowresearch.com’ customers and/or Subscribing Candidate and agrees to do so within a reasonable period of time, not exceeding 3 working days.
      8. The Individual Candidate upon permitting WhiteCrow / Website to access such Individual Candidate’s profiles on the other websites, WhiteCrow / Website shall have the right to grab the data from such websites.
      9. The Individual Candidate upon exercising an option to activate the ‘view profile’ option on the portal ‘talent.whitecrow.co’, WhiteCrow / Website shall have the right to view the Individual Candidate’s profile to the Subscribing Candidate as specifically categorized/identified by the Individual Candidate.
    2. During the subsistence of the Subscription Term / Renewal Term, including a Trial Subscription Term, as the case may be, the Subscribing Candidate represents and covenants the following:

      1. The Subscribing Candidate is authorized to access, use and manage its account on ‘hire.whitecrow.co’.
      2. The Subscribing Candidate undertakes to provide adequate information of the designated employees of the Subscribing Candidate authorized to access, use and manage its account on the portal ‘hire.whitecrow.co’, as is required and necessary for WhiteCrow’s /Website’s record and further undertakes to update of any change with respect to the same, by giving notice to WhiteCrow in accordance with Section 12 (Miscellaneous), from time to time.
      3. The Subscribing Candidate will communicate, cooperate and coordinate with the Talent Advocate to submit requests to the Individual Candidate on the Talent Platform.
    3. During the subsistence of the Term / Subscription Term / Renewal Term / Trial Subscription Term, as the case may be, the Candidates represent and covenant the following:

      1. The Candidates represents, warrants and covenants that, the Candidates will not produce any content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or property rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) contains a virus or other harmful computer file or program; or (v) develops, supports or uses any software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services. The Candidates further represent, warrant and covenant that, the Candidates, in performance of its obligations and/or exercise of its rights pursuant to the Agreement, will comply with all applicable laws and regulations. The Candidates further acknowledges that, any fraudulent, abusive, or otherwise illegal activity on the Candidates’ account, may be grounds for termination of the Agreement.
      2. The Candidates shall not keep any of its credentials confidential and not permit any third party to use such credentials at any time.
      3. In the event the Candidates upload any details pertaining to any of its social media accounts to the profile, WhiteCrow / Website shall have the right to view any public content within such social media accounts without such Candidates’ express consent.
      4. Only the authorized Candidates shall use its unique login information such as usernames and passwords (“User Login”).
      5. Without prejudice to WhiteCrow’s representation under Section 7 (Representation Of WhiteCrow) of these Terms, the Candidates are solely responsible for the confidentiality of Service data and User Login at its end.
      6. In the event the User Login of the Candidates is compromised in any manner, the Candidates undertake that they shall solely be responsible for all activities that occur under its account, unless the Candidates notifies WhiteCrow of any such compromise / unauthorized use or suspicious activity in its account within 7 (seven) days of the occurrence of such compromise / unauthorized use or suspicious activity.

        WhiteCrow / Website will exercise all reasonable efforts to resolve the issue so notified by the Candidates under this Section, in the manner as stipulated in the Service Level Agreement.

        As the Services are designed to have back-ups for a duration of 30 (thirty) days, upon the Subscribing Candidate notifying of such compromise / unauthorized use or suspicious activity, under this Section, WhiteCrow / Website shall provide backup of such data to the Subscribing Candidate.

        The Candidates shall resort to the options provided on the Website / Portals such as ‘Forgot Password’ etc., and/or promptly contact WhiteCrow as stated in Section 12 (Miscellaneous), in the event of any compromise of the User Login.
      7. The Candidates represents that, it shall not hold WhiteCrow liable for any damage or loss that may result from the Candidates’ failure to protect their User Login, irrespective of any intimation given by the Candidates’ in accordance to Section 6.3.6, above.
      8. The Candidates represent, warrant and covenant that, the Candidates shall not override or bypass any security features on the Website.
      9. The Candidates further represent, warrant and covenant that, the Candidates shall provide WhiteCrow / Website any additional information or documents as and when demanded by WhiteCrow / Website, to support or supplement the information which the Candidates have provided upon accessing/signing-up or subscribing to the Services on the Website.
      10. The Candidates agree to be solely responsible for the contents of Your transmissions through the Service. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of e-mail.
  7. REPRESENTATION OF WHITECROW:

    During the subsistence of the Term / Subscription Term / Renewal Term, as the case may be, WhiteCrow represents and covenants the following:

    1. Subject to the terms and conditions of the Agreement, WhiteCrow shall use commercially reasonable efforts to make the Services available throughout the Term / Subscription Term / Renewal Term, as the case may be, except for: (i) planned downtime; and (ii) unavailability caused by circumstances beyond WhiteCrow’s control as specifically stipulated under Section 12 (Miscellaneous) of these Terms.
    2. WhiteCrow will undertake reasonable safeguards and security measures to prevent any unauthorized use, access, processing, destruction, loss, alteration, or disclosure of any of: (i) the data shared with the Subscribing Candidate in accordance with Section 2 (Automated Processing) of these Terms and (ii) the Candidates’ data as retained and collected during the Term / Subscription Term / Renewal Term, as the case may be, by WhiteCrow.
  8. WARRANTY, DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:

    1. WhiteCrow warrants to use commercially reasonable efforts to provide Services throughout the Term / Subscription Term / Renewal Term, as the case may be, to the Candidates, in accordance with the Agreement. In the event that WhiteCrow breaches the above warranty, the Candidates will promptly notify WhiteCrow of such breach (in any event, within 7 (seven) days of its occurrence). Upon receipt of such notice, WhiteCrow to correct such breach will exert reasonable efforts or a commercially practicable workaround, save and except in a force majeure event as stipulated in Section 12 (Miscellaneous) of these Terms.
    2. In the event of WhiteCrow’s inability to rectify such deficiency within 15 (fifteen) working days of the receipt of such notice as stated in Section 8.1, the Candidates shall have the sole and exclusive remedy with respect to an unremedied breach of the warranty for the Services, to seek recovery of direct and actual damages caused by the breach, subject to the limitations of liability below.
    3. If the Candidates fail to notify such breach within the stipulated time as mentioned in Section 8.1, no liability will rest on WhiteCrow for rectification of such breach.

      WHITECROW MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AND WHITECROW EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LOSS OF DATA, ACCURACY OF RESULTS, OR ARISING FROM COURSE OF DEALING OR RELIANCE. WE EXPRESSLY DO NOT WARRANT THAT THE SERVICES OR UNDERLYING SOFTWARE, IN WHOLE OR IN PART, WILL BE ERROR FREE OR WILL OPERATE ABSOLUTELY WITHOUT INTERRUPTION.

    4. DISCLAIMER: LIMITATION OF LIABILITY

      IN NO EVENT WILL WHITECROW BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, TREBLE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, DATA OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR RELATING TO THE AGREEMENT, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, WHETHER BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE OTHER PARTY/CANDIDATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHITECROW’S TOTAL LIABILITY (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED: (i) THE AMOUNT PAID BY THE SUBSCRIBING CANDIDATE UNDER THE AGREEMENT DURING THE 12 (TWELVE) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE OR (ii) 1.5 TIMES OF THE SUBSCRIPTION AMOUNT PAID, WHICHEVER IS LESS OR (iii) IN CASE OF THE INDIVIDUAL CANDIDATE INR 7,000/- (INDIAN RUPEES SEVEN THOUSAND ONLY). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.

  9. CONFIDENTIALITY

    1. Confidential Information” is non-public information of a party which is provided to the other party hereunder. In order to undertake and carry out the matters set out in the Agreement, the parties have requested and will request of each other, and have provided and will provide to each other, certain non-public, confidential and/or proprietary information including but not limited to contact details, email ID etc., which will be exchanged between them in good faith, provided that the information will be solely in connection with the Services to be provided. No receiving party shall itself, or permit its employees or agents at any time to use, reveal, report, publish, transfer or otherwise disclose to any person, corporation or other entity any of the information so received, without the prior written consent of the party providing the information.
    2. Confidential Information does not include any information which (a) is or becomes generally known and available to the public through no act or omission of the receiving party; (b) was already in the receiving party’s possession at the time of disclosure by the disclosing party, as shown by the receiving party’s contemporaneous written records; (c) is lawfully obtained by the receiving party from a third party who has the express right to make such disclosure; (d) is independently developed by or for the receiving party without use of the disclosing party’s Confidential Information; or (e) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice). As between WhiteCrow and the Candidates, WhiteCrow’s / Website’s data sourced from the Services provided on the Website, is the Confidential Information of WhiteCrow, and the Candidates’ data shared directly by the Candidates with WhiteCrow / Website, is the Confidential Information of the Candidates. The terms of the Agreement is each party’s Confidential Information.
    3. A receiving party will use reasonable efforts to provide timely written notice of compelled disclosure to facilitate confidential treatment of disclosing party’s Confidential Information, and will furnish only that portion of Confidential Information that it is legally required to disclose, after exercising reasonable efforts to obtain assurance that such information will receive confidential treatment. WhiteCrow may list the Candidates as customers (and in connection therewith may use WhiteCrow’s trademarks, marks and trade names) in its promotional and marketing materials, including the Website.
    4. The confidentiality restrictions in this Section 9 (Confidentiality) shall continue to apply after the termination of the Agreement.
    5. Without prejudice to any other rights or remedies that the parties may have, the parties acknowledge and agree that damages would not be an adequate remedy for any breach of this Section 9 (Confidentiality) and that the remedies of injunction, specific performance and other equitable remedies are appropriate for any threatened or actual breach of such Sections.
  10. INTELLECTUAL PROPERTY:

    1. Except for the limited rights granted in the Agreement, WhiteCrow hereby retains all rights, title and interest, including all intellectual property rights, in relation to the Services, including all software, improvements, enhancements or modifications thereto.
    2. WhiteCrow is the owner or the licensee of all intellectual property rights in the Website / Portals and the content or material published on it. All the rights not expressly mentioned and/or provided to the Candidates herein are thereby reserved.
    3. WhiteCrow shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Services or Website /Portals or otherwise use any suggestions, enhancement requests, recommendations or other feedback that WhiteCrow receives from the Candidates.
    4. The Agreement does not grant the Candidates: (i) any rights to the Intellectual Property Rights in the Services or (ii) any rights to use WhiteCrow’s trademarks, logos, domain names, or other brand features. “Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
  11. INDEMNIFICATION:

    1. Indemnity on behalf of the Candidates:

      The Candidates will defend, indemnify, hold WhiteCrow, its affiliates, and their respective agents, employees, officers and directors harmless from and against any loss, cost and expenses arising from or in connection with: (i) any use of the Services in a manner contrary to or in violation of the Agreement or contrary to the applicable laws, (ii) misrepresentation, negligence or misconduct, (iii) any claim that Your data or other materials infringe any rights of any third party, or (iv) for any breach of the representation and covenants on behalf of the Candidates as stipulated in these Terms.

    2. Indemnity on behalf of WhiteCrow:

      Subject to Section 8.4, above, WhiteCrow shall (i) defend, or at its option settle, any claim brought against the Candidates by a third party to the extent it alleges that the Candidates’ use of the WhiteCrow’s Service as authorised in the Agreement constitutes a direct infringement of the trade secret of any third party, and (ii) pay, subject to the limitations set forth in Section 8.4, above, damages awarded in a final judgment, (or amounts agreed in a monetary settlement), in any such claim defended by WhiteCrow. WhiteCrow shall not be liable to indemnify the Candidates for any claim, in the event the Candidates notified WhiteCrow of such claim, after the expiry of 60 (sixty) days from the end of the Term / Subscription Term / Renewal Term, as the case may be.

    3. Notice of Claim:

      The indemnified party pursuant to this Section, must: (i) promptly notify the indemnifying party in writing of all indemnifiable claims; (ii) provide the indemnifying party with reasonable assistance to settle or defend such claims, at the indemnifying party’s own expense; and (iii) grant to the indemnifying party the right to control the defense and/or settlement of such claims, at the indemnifying party’s own expense; provided, however, that: (1) the failure to so notify, and/or provide assistance will only relieve the indemnifying party of its obligation to the indemnified party to the extent that the indemnifying party is prejudiced thereby; (2) the indemnifying party will not, without the indemnified party’s consent (such consent not to be unreasonably withheld or delayed), agree to any settlement that: (x) makes any admission of wrongdoing on behalf of the indemnified party; or (y) consents to any injunction against the indemnified party (except an injunction relating solely to the indemnified party’s continued use of any infringing Service); and (3) subject to the foregoing, the indemnified party will have the right, at its expense, to participate in any indemnifiable claim and to be represented by legal counsel of its choosing, but will have no right to settle a claim without the indemnifying party’s written consent.

  12. MISCELLANEOUS:

    1. Assignment:

      Neither party may assign the Agreement nor any of its rights or obligations under the Agreement without the prior written consent of the other party, except that WhiteCrow may assign the Agreement to its affiliates or any third parties without the written consent of the Candidates as part of a corporate reorganisation, upon a change of control, consolidation, merger, reincorporation, sale of all or substantially all of its assets related to the Agreement or pursuant to any other transaction or series of transactions.

    2. Force Majeure:

      Except for the Subscribing Candidate’s obligation to make the payment as stipulated in Section 5 (Payment And Payment Terms For The Subscribing Candidate), neither party will be liable for any failure or delay in its performance under the Agreement due to any cause beyond its reasonable control, including without limitation an act of war, terrorism, act of god, epidemic / pandemic, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act/order or failure of the internet, failure on the part of the internet service provider or delays, and denial of service attacks or interruptions or power outages (“Force Majeure”). The delayed party shall give the other party notice of such cause.

    3. Governing Law:

      Access and use of the Services on the Website / Portals may not be legal for certain persons or in certain countries. If the Candidates are accessing the Website / Portals from outside of India, the Candidates are doing so at its own risk and are responsible for compliance with the laws of Your jurisdiction. The Agreement is governed and interpreted by and construed in accordance with the substantive laws of India and subject to Section 12.4 below, all disputes arising out of or related to the Agreement will be subject to the exclusive jurisdiction of the courts of Mumbai.

    4. Dispute Resolution:

      1. In the event any dispute or differences arise in connection with the Agreement including its existence, validity or purported termination of the Agreement as specified above, the parties shall attempt in the first instance to resolve such dispute through friendly consultations.
      2. If such dispute is not resolved through friendly consultations within 30 (thirty) days after commencement of discussions or such longer period as the parties agree to in writing, then upon notice by either party to the other, the dispute shall be referred for resolution by arbitration in accordance with the provisions of this Section 12.4 of these Terms.
      3. Subject to Section 12.3 (Governing Law), any dispute arising from the Agreement shall be referred upon the application of any party and finally settled under the arbitration rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), in force at the time of commencement of the arbitration, by 1 (one) arbitrator appointed in accordance with the said MCIA Rules.
      4. The arbitral tribunal shall comprise of 1 (one) arbitrator, which shall be mutually appointed in accordance with MCIA Rules, within 30 (thirty) days of the dispute being referred to arbitration pursuant to Section 12.4.2 and such appointment shall also comply with the [Indian] Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. The seat, place and venue of arbitration shall be Mumbai.
      5. The arbitration award shall be final and binding on the parties and the parties agree to be bound thereby and to act accordingly. The award shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. The prevailing party shall be entitled to an award of reasonable attorney fees.
      6. When any dispute is under arbitration, except for the matters under dispute, the parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under the Agreement to the extent practicable.
      7. Each party shall co-operate in good faith and use commercially reasonable efforts to expedite (to the maximum extent practicable) the conduct of any arbitral proceedings commenced under the Agreement.
    5. Anti-Corruption:

      The Candidates agree that neither You, nor any of Your respective officers, employees, agents, representatives, contractors, intermediaries or any other person or entity acting on Your behalf have taken, been offered, or will take any action, directly or indirectly, in violation of the U.S. Foreign Corrupt Practices Act of 1977, as amended, or any other applicable anti-corruption or anti-bribery laws, in connection with these Terms and the Services provided hereunder, including without limitation to any illegal or improper bribe, kickback, payment, gift, or thing of value from any of WhiteCrow’s employees or agents. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify WhiteCrow as stipulated under this Section.

    6. Compliance with laws:

      The access to the database and Services and Software or components of the Services which WhiteCrow may provide through the Website/Portals or make available to the Candidates may be subject to U.S. (or other territories) export control and economic sanctions laws, rules and regulations, including without limitation the regulations promulgated by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) (collectively, “Export Control Laws”). The Candidates agree to comply with the Export Control Laws as they relate to access to the database and use of the Services, Software and such other components by You. The Candidates shall not access or use the Services if the Candidates are located in or incorporated in any jurisdiction in which the provision of the Services, Software or other components is prohibited under U.S. or other applicable laws or regulations, including without limitation a country or territory that is subject to comprehensive U.S. trade sanctions (including Crimea, Cuba, Iran, North Korea, and Syria) (a “Prohibited Jurisdiction”) and You shall not provide access to the Services to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (i) You are not named on, or owned or controlled by any party named on, any U.S. government (or other government) list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person; (ii) You are not a national of, located in, or a company registered in, any Prohibited Jurisdiction; (iii) no service data created or submitted by You is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws; and (iv) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You are located. You further agree that You will not use the Services to disclose, transfer, download, export or re-export, directly or indirectly, any service data to any country, entity or other party which is ineligible to receive such items under the Export Control Laws or under other laws or regulations to which You may be subject. You acknowledge that the access to the database and Services and other Software may not be available in all jurisdictions and that You are solely responsible for complying with the Export Control Laws.

      If the Subscribing Candidate is a U.S. federal government department or agency or contracting on behalf of such department or agency, this Services(s) is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of ‘Commercial Computer Software’ and ‘Commercial Computer Software Documentation’ as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Services is licensed to the Subscribing Candidate with only those rights as provided under the terms and conditions of these Terms.

    7. Waiver:

      Waiver of any term of the Agreement or forbearance to enforce any term by either party shall not constitute a waiver as to any subsequent breach or failure of the same term or a waiver of any other term of the Agreement.

    8. Entire Agreement:

      The Agreement is the sole agreement of the parties concerning the subject matter hereof, and it supersedes all prior oral or written understandings, communications or agreements between the parties.

    9. Modification:

      No amendment to or modification of the Agreement, in whole or in part, will be valid or binding unless it is in writing and executed by both parties.

    10. Interpretation:

      Any ambiguity in the Agreement shall be interpreted equitably. The headings in the Agreement are inserted for convenience and are not intended to affect the interpretation of the Agreement. In the event of a conflict between these Terms, the Data Privacy Policy including the addendum(s), the Subscription Form and the Service Level Agreement, these Terms shall prevail.

    11. Severability:

      Any provision found to be unlawful, unenforceable or void shall be severed from the remainder of the Agreement, and the Agreement will continue in full force and effect without the said provision.

    12. Binding effect:

      By clicking “I Agree” the Candidates shall be bound by the terms of the Agreement and the Agreement shall be deemed to be executed / accepted.

    13. Complaints/Questions:

      In the event the Candidates having any questions or willing to resister a complaint with respect to the Services provided on the Website / Portals, the Candidates shall not hesitate to contact WhiteCrow’s team:

      • Email: support@whitecrow.co

        Telephone: +91-22-67379111

        Address: A-101/106, Supreme Business Park, Hiranandani Gardens, Powai, Mumbai – 400 076
    14. Notices:

      Any required notice shall be given in writing by customary means with receipt confirmed at the address of each party as mentioned in this Section. The notices will be sent by registered post/recognized courier services and/or via email. Notices will be deemed to have been given at the time of actual delivery in person, or on the date of the receipt of the delivery in case of registered post/courier service.

      • Notices to WhiteCrow shall be sent to its main address or email address as listed on the Website / Portals.
      • Notices to You shall be sent to the address or email address as mentioned in Your account.
    15. Independent Contractor Relationship:

      The relationship between the parties shall be that of independent contractors.

    16. Survival:

      Sections 4 (Term and Termination), 5 (Payment And Payment Terms For The Subscribing Candidate), 6 (Representation of the Candidates), 8 (Warranty, Disclaimer Of Warranty And Limitation Of Liability), 9 (Confidentiality), 10 (Intellectual Property), 11 (Indemnification) and 12 (Miscellaneous), shall survive the termination of the Agreement.

Data Privacy Policy

Last updated:

September 19, 2020

White Crow Research Private Limited (“WhiteCrow / We / Our”) respects the data provided on ‘www.whitecrow.co’ (“Website”) featuring the portals ‘talent.whitecrow.co’ (“Talent Platform”) and ‘hire.whitecrow.co’ (“Talent Marketplace”) (Talent Platform and Talent Marketplace are collectively referred to as “Portals”) by:

(i) the candidate accessing/signing-up on the portal ‘talent.whitecrow.co’ / Talent Platform, with the intent to seek job opportunities (“Individual Candidate”); or

(ii) the candidate and/or the designated employees of such candidate, subscribing to the portal ‘hire.whitecrow.co’ / Talent Marketplace with the intent to search for appropriate talents from across the internet to suit an employer’s job profile requirements (“Subscribing Candidate”). The Individual Candidate and the Subscribing Candidate are collectively referred to as “Candidates / You / Your”. WhiteCrow / Website is committed to protecting the personal information collected about, or provided by You by using and accessing/signing-up/subscribing to the Services (defined as below).

To that end, We have designed the WhiteCrow’s / Website’s Data Privacy Policy along with the Addendums (this “Policy”) to guide on how WhiteCrow / Website stores, collects, manages and uses the personal information obtained from You in connection with Our Services (defined as below).

This Policy applies only to the information submitted to and collected directly by WhiteCrow / Website through the use of the Services (defined as below) on the Portals by the Candidates.

It is to be noted that the Terms and Conditions along with this Policy [including addendum(s)] the Service Level Agreement and the Subscription Form (applicable to the Subscribing Candidate, subscribing to the portal ‘hire.whitecrow.co’), displayed on the Website, collectively form the “Agreement”. The capitalized terms unless defined herein shall have the same meaning assigned to them under the Terms and Conditions provided on the Website.

By using, accessing / signing-up or subscribing to the Services provided on the Website / Portals, the Candidates agree to be bound by the terms of the Agreement and more specifically the collection, use and disclosure of information of the Candidates, which is in accordance with this Policy.

WhiteCrow through the Website and the Portals, provides services pursuant to a “software-as-a-service” (i.e., “SaaS”) delivery model, primarily in the nature of a recruitment market place, under which You use the applicable software components (the “Software”) providing access to database through the Website in addition to providing SaaS services via internet: (i) on no payment basis by accessing/signing-up on the portal ‘talent.whitecrow.co’ , in case of an Individual Candidate; or (ii) on a subscription service basis, by entering into and executing a subscription form subscribing to the Services displayed on the portal ‘hire.whitecrow.co’ (“Subscription Form”), in case of the Subscribing Candidate. Accordingly, during the Term / Subscription Term / Renewal Term / Trial Subscription Term, as the case may be, and subject to the compliance to the provisions of the Agreement, WhiteCrow grants You a non-exclusive, non-transferable, limited, time-bounded license (non-sub licensable) to access the database through the Website and use the SaaS services and/or Services (defined as below) via internet. The access to the database through the Website and the SaaS services, may only be used in support of Your professional/business operations.

“The Portals’ AI engine” is a network of knowledge that stores data on jobs, skills, companies, industries, people, places and more. This enables WhiteCrow / Website to provide a platform in the nature of a Talent Platform and Talent Marketplace to identify the right talent / job opportunities and to maximize the scope of utilization of the Website. WhiteCrow may also provide platform to the customers of WhiteCrow and/or ‘www.whitecrowresearch.com’ to reach out to the Individual Candidate on the Talent Platform. WhiteCrow’s Services grants access to the database provided on the Portals through the Website which aid in tracking public profiles to identify and locate appropriate talent from across the internet. WhiteCrow’s sourcing involves pairing of proprietary tech with a human touch to engage and acquire talent from over 20 (twenty) channels. Website’s screening algorithms work on self-reported information to identify qualified and relevant talent. They may also pass the process of a manual phone screening from one of Our talent advocates. In addition to the same, the portal ‘talent.whitecrow.co’ also aid and assist the Individual Candidate using the said portal to display their portfolios to seek appropriate and desired job opportunities. You shall select Your desired criteria and a list of options shall be available to You. To further ease the process, the Individual Candidate shall be free to filter the job opportunities and the Subscribing Candidate shall be free to filter the potential talents, upon gaining access to the database and use of SaaS (“Service(s) / WhiteCrow’s Services”).

WhiteCrow / Website may, from time to time, make changes to this Policy. If WhiteCrow / Website makes any material change to this Policy, WhiteCrow through the Website shall notify the Candidates of those changes by posting them on the Website and shall indicate the date of the last revision. Please note that, the Candidates’ continued use of the Services after the changes pertaining to this Policy have been posted, will constitute Your acceptance of those changes.

This Policy describes the treatment of information provided, collected or retained by WhiteCrow / Website. This Policy applies to WhiteCrow’s Services displayed on the Website, but not to the website maintained by other companies or organizations to which WhiteCrow /Website may provide links to. WhiteCrow / Website, therefore, is not responsible for the content or activities provided or created on such sites. Further, if the Candidates have any questions about this Policy or Our data practices, the Candidates shall not hesitate to contact Our team:

1. Privacy inquiries:support@whitecrow.co
2. Security inquiries: support@whitecrow.co
  1. Information:

    1. Personal Information is information that others can use to identify, locate or contact You, including but not limited to, Your name, email address, postal address and phone numbers (collectively “Personally Identifiable Information” or “PII”). Specifically, the WhiteCrow / Website including its Portals may collect the following list of PII in connection with Your use of the Services:

      1. ‘Identity Data’ such as name of the employer entity/Subscribing Candidate, name of the Individual Candidate, employer entity’s website, social media profiles, username, real name, alias, postal address, unique personal identifier, online identifier, ‘Internet Protocol’ address (“IP Address”), email address, account name and if provided by the Candidates at their discretion, the information pertaining to the (i) social security number, (ii) driver’s license number, and (iii) passport number, or other similar identifiers.
      2. ‘Personal Data’, in case of Individual Candidate, such as gender, nationality and place of residence.
      3. ‘Contact Data’ such as physical address, email address, social media address, telephone number and any other contact information You provide to WhiteCrow / Website.
      4. ‘Professional Data’, in case of Individual Candidate, such as qualification, training and certifications, professional skills and experience, language skills.
      5. ‘Employment Data’, in case of Individual Candidate, such as current/recent role, including job title, department, reporting line, responsibilities, salary, benefits and notice periods.
      6. ‘Transaction Data’, in case of Subscribing Candidate, such as details about payments to and from the Subscribing Candidate, and details regarding the subscribed Services through the portal ‘hire.whitecrow.co’.
      7. ‘Technical Data’ such as device IDs, Your login data, access dates and times, browser type and version, device information, ‘Cookie data’ (defined as below), time zone setting, browser plug-in types and versions, platform and other technology on the devices You use to access the Website.
      8. ‘Profile Data’ such as Your username and password, searches made by You, preferences, user-generated content, feedback and survey responses.
      9. ‘Usage Data’ such as information about how You use the Website and the Services.
      10. Similar networking activities such as Your browsing history, search history, information on Your interaction with a website, application, or advertisement.
      11. Other information collected by WhiteCrow / Website from the Individual Candidate accessing/signing-up to the portal ‘talent.whitecrow.co’, including but not limited to, the Individual Candidate’s motivation and reasons for seeking new employment, career aspirations, communication preferences, details of any interviews which the Individual Candidate has attended etc.

        In addition to the PII listed above, the Website may also collect:
        • Generic geographic location, such as the city in which You are located;
        • Operating System; and
        • IP Address.

        The abovementioned list of the PII to be collected by WhiteCrow / Website is non-exhaustive and may or may not include other information of similar nature as may be required by WhiteCrow / Website.

    2. It is made expressly clear that, the elements forming part of the compilation of the Individual Candidate’s data relating to age, ethnicity, gender etc., whether directly compiled or implied, is made with the purposes of inclusion and not to create any bias or discrimination of any nature whatsoever against the Individual Candidate. WhiteCrow proposes, recommends and anticipates that the Subscribing Candidate / customers of WhiteCrow and/or ‘www.whitecrowresearch.com’ uses such data, employing the principles and fundamentals of the right to equal employment. WhiteCrow and the Website are not responsible for any consequential implications pertaining to the method and manner of use of such data by the Subscribing Candidate / customers of WhiteCrow and/or ‘www.whitecrowresearch.com’.

    3. Whitecrow / Website uses the geo-location services on the devices used to access or use the Services at any time, through Your device settings. Whitecrow / Website collects geo-location and proximity of Your device, for which the location services will have to be enabled on Your device (e.g., GPS-based functionality on mobile devices used to access the Website) and Whitecrow / Website may use that information to customize the interactions with location-based information and features.

    4. In some cases, WhiteCrow / Website may assign an identification number to You (“ID Number”). ID Number may be linked with PII only for the purposes of providing the Services or for internal reporting purposes.

    5. WhiteCrow / Website assures You that WhiteCrow / Website would never rent or sell Your PII, subject to the provisions of the CCPA Addendum. WhiteCrow /Website will solely retain its data sourced from the Services provided on the Website / Portals and not the information/data shared directly by the Candidates with WhiteCrow / Website, provided to avail the Services. Please note that, as far as the data shared by the Candidates with WhiteCrow / Website is concerned, WhiteCrow / Website will not be or act as the data owners or data controllers of such data.

    6. WhiteCrow / Website may collect different types of personal and other information based on Your use of Our Services and Our business relationship with You, including contact information, billing information, equipment, performance, Website’s / Portals’ usage, viewing and other technical information about Your use of Our network, Services, Website or Portals. Such information may be collected when (i) You provide information to WhiteCrow / Website with the intent to subscribe or interact with WhiteCrow through the Website/Portals about its Services offered; (ii) collected automatically when You visit the Website or use Our Services; or (iii) WhiteCrow / Website obtains it from other sources, such as credit agencies. WhiteCrow / Website may collect/store Your calls and SMSs and content thereof, received or initiated using the Services, including but not limited to, details of the phone numbers that interact with Your account, IVR content and call recordings and information which it may automatically receive and record on its server logs from Your internet browser, including but not limited to, Your IP Address, Cookie information and details of the web pages You request. In order to sign-up/access/subscribe, as the case may be, on the Portals through the Website and use the Services, You are required to share the information for the effective performance of the Services.

    7. To continue to provide You with updates to the Services, WhiteCrow / Website collects and controls information about: (i) the way You use and interact with Our Services; and (ii) Your PII shared with WhiteCrow / Website upon subscription or accessing/signing-up, as the case may be, to the Portals. Such collection and controlling of the information aids to improve Our Services and further build and recommend new services and customized features. Subject to the permissible extent stipulated under this Policy, as stated in this Section 1.7, WhiteCrow / Website also engages in the collection of Your PII for the purpose of Our business development exercise. WhiteCrow / Website adheres to reasonable security measures when processing Your PII for such purposes.

    8. WhiteCrow’s /Website’s intension in collecting Your PII is to provide You with the best customer experience possible by communicating with You regarding Service updates, offers and promotions, delivering advertising (subject to Section 6 of this Policy) that may be of interest to You, addressing network and security issues, investigating or taking action regarding illegal activities or violations of Our terms of use or other policies, as may be laid out on the Website from time to time.

  2. Collection of Information:

    WhiteCrow / Website collects Your information/PII throughout the Term / Subscription Term / Renewal Term / Trial Subscription Term, as the case may be.

    1. Candidates: WhiteCrow / Website collects information that You voluntarily provide to WhiteCrow / Website during Your interaction or subscription with the Services. For example, You may choose to provide WhiteCrow / Website with information upon accessing/signing-up/subscribing to the Portals, as the case may be. In case of subscription, the Subscribing Candidate shall submit the Subscription Form and make payment of the subscription fees through the link provided on the portal ‘hire.whitecrow.co’.
    2. Interacting with the Website & Portals: WhiteCrow / Website may also collect certain types of information automatically, including through the use of Cookies (defined as below), web beacons and other similar tracking technologies. These tracking technologies allow WhiteCrow / Website to personalize Your experience with the Services and keep track of certain online behaviour in order to help WhiteCrow / Website determine the things that You find most interesting.
    3. A ‘cookie’ is a small bit of record-keeping information that sites often store on the Candidates’ computer or mobile device (“Cookie(s)”). Cookies are typically used to quickly identify the Candidates’ device and to “remember” things about the Candidates’ visit. For example, WhiteCrow / Website may use Cookies or a similar method to keep track of Your app session. Information contained in a Cookie may be linked to Your PII for this purpose. You can disable Cookies or set Your browser to alert You when Cookies are being sent by Your device or computer although this may affect Your ability to use many features of the Services.

      WhiteCrow / Website uses Cookies to distinguish You from other users of the Website / Portals. This helps WhiteCrow / Website to provide You with a better experience when You browse the Website / Portals and also allows WhiteCrow / Website to improve.

      WhiteCrow through the Website may use the following types of Cookies:
      • Strictly necessary cookies: These are cookies that are required for the operation of the Website / Portals. They include, for example, Cookies that enable You to log into secure areas of the Website /Portals.
      • Analytical/performance Cookies: They allow WhiteCrow / Website to recognise and count the number of visitors / Candidates and to see how visitors / Candidates move around the Website / Portals when they are using it. This helps WhiteCrow to improve the way the Website / Portals works, for example, by ensuring that users / Candidates find what they are looking for easily.
      • Functionality Cookies: These are used to recognise You when You return to the Website / Portals. This enables WhiteCrow /Website to personalise Website’s / Portal’s content for You and helps greet You by name and remember Your preferences.
      • Targeting Cookies: These Cookies record Your visit to the Website / Portals, the pages You have visited and the links You have followed.
      You can find more information about the specific Cookies that WhiteCrow through the Website uses and the purposes for which it is used in the table below:
      NameTypeDescriptionExpiry By Type
      Google Analytics Analytical This Cookie collects information about Your computer, including where available Your IP address, operating system and browser type, and geographic location. WhiteCrow/ Website uses this information for Website / Portals optimisation and to monitor Candidates’ browsing activities and navigation through the Website/Portals. This information is anonymous and would not allow WhiteCrow to identify any individual user without the assistance of a third party such as an ISP. 

      You are able to opt out of Google Analytics by installing a browser add-in which is available at https://tools.google.com/dlpage/gaoptout. Please note that this add in is provided by Google and We offer no warranty, whether express or implied, as to its suitability or efficacy.
      _ga 2 years
      _gid 24 hours
      _gat 1 minute
      In addition, to analytical Cookies, WhiteCrow through the Website uses CleverTap from WizRocket Inc within Our web-portal at https://talent.whitecrow.co/. This is a third-party application which permits WhiteCrow to:
      • Integrate app analytics and marketing.
      • Track actions users are taking in the said portal to analyse how they use Our product; and
      • Run marketing campaigns based on the user tracking.
      You may opt out of any sharing of Your PII with CleverTap by emailing us at support@whitecrow.co

      WhiteCrow / Website also uses other tools like:

      (i) Hotjar: https://www.hotjar.com
    4. Individual Candidate: WhiteCrow and WhiteCrow’s and/or ‘www.whitecrowresearch.com’ customers will have access to the Individual Candidate’s data available on the Talent Platform and will collect such data of the Individual Candidate.
    5. Third Party Sites: The Candidates by accessing/signing-up/subscribing, as the case may be, to the Services grants /his/her/its irrevocable consent to WhiteCrow / Website to share the Candidates’ PII with ‘www.whitecrowresearch.com’, which will operate as a ‘helpdesk’ and provide services to the Candidates, in any event the Candidates encounters issues with respect to: (i) the Services provided on the Website / Portals; or (ii) the terms of the Agreement. WhiteCrow / Website / Portals may also provide links to and share the Candidates’ PII with the third party websites including but not limited to, ‘WhiteCrow’ group entities (“Sites”). The Sites can also be accessed by the Candidates, at their discretion, to use other services provided on these Sites to aid and help in achieving their desired outcome. The Website and the Portals may also contain links to other websites.
    6. WhiteCrow / Website in no event is engaged in the activity of scrapping of the data from the other websites and is in compliance of any anti-scrapping policies or such similar terms of the other websites. The Services provided by WhiteCrow enables WhiteCrow / Website to grab and drop specific data for a specific instance, pertaining to an Individual Candidate, to ease and assist the Candidates to analyse and identify potential talents and/or desired job opportunities for such talents, as the case may be, from across the internet. The grab and drop feature is provided solely to ease the capture of information for an instance identified by the Subscribing Candidate /customers of WhiteCrow and/or ‘www.whitecrowresearch.com’ from a particular website and is not provided or intended to be provided for ‘bulk scrapping’ of information by the Subscribing Candidate/customers of WhiteCrow and/or ‘www.whitecrowresearch.com’.
    7. WhiteCrow / Website may share the Candidates’ PII with Our service providers who perform functions necessary to providing the Services on Our behalf. Examples include analysing data and providing marketing assistance and customer service. These service providers are not authorized by WhiteCrow / Website to use or disclose PII except as needed to perform their functions or comply with legal requirements and they may not use it for any other purposes. WhiteCrow / Website does not disclose or transfer Your PII to third parties for any other purpose. However, WhiteCrow / Website does not represent that WhiteCrow / Website controls the treatment of Your PII by such third parties, as the privacy practices of third parties may differ from those described in this Policy.
  3. How WhiteCrow / Website Uses Information:

    WhiteCrow / Website uses Your information/PII throughout the Term / Subscription Term / Renewal Term / Trial Subscription Term, as the case may be.

    1. WhiteCrow / Website shares Individual Candidate’s / Subscribing Candidate’s PII /data with:

      • The Talent Advocate upon the Individual Candidate or the Subscribing Candidate approaching through the Talent Advocate;
      • WhiteCrow’s customers interested to approach an Individual Candidate on the Talent Platform;
      • a third party including but not limited to a managed service company, recruitment process outsourcing provider, Information Technology service provider engaged by WhiteCrow to assist in discharging it obligation under the Agreement;
      • third party service providers;
      • WhiteCrow group entities; and
      • WhiteCrow’s customers, in case of Individual Candidate, where We have agreed to provide statistical information, market intelligence or talent mapping services to such customers.
    2. WhiteCrow / Website processes Your PII and shares this information with third parties to the extent necessary to provide You with the Services. WhiteCrow / Website cannot provide You with Services without processing Your PII. WhiteCrow / Website may also use information collected from third party software providers that You may choose to connect to WhiteCrow / Website to enable additional functionality in the platforms of the Portals.
    3. When You subscribe/assess/sign-up to Our Services, WhiteCrow / Website will send You administrative or account-related information to You to keep You updated about Our Services, inform You of relevant security issues or updates or provide other transaction-related information to You. WhiteCrow / Website processes Your contact information to send You such communications. Service-related communications are not promotional in nature. You will not be able to unsubscribe from such communications, otherwise You may miss important developments relating to Your account or the Services that could affect Your use of the Services.
    4. To respond to Your inquiries and provide customer service: WhiteCrow / Website processes Your PII when You contact WhiteCrow / Website, such as with questions, concerns, feedback, disputes or issues. Without Your PII, WhiteCrow / Website cannot respond to You or ensure Your continued use of the Services.
    5. To enforce Our terms, agreements or policies: WhiteCrow / Website processes Your PII to actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities on Our Services; investigate, prevent, or mitigate violations of Our terms, agreements or policies; enforce Our agreements with third parties and partners; and as applicable, collect fees based on the Subscribing Candidate’s subscription to Our Services. WhiteCrow / Website cannot perform Our service in accordance with Our terms, agreements or policies without processing Your ‘Personal Data’ for such purposes.
    6. To ensure the security of the Service: We are committed to ensuring Your safety and continued use of Our Services. To do so, WhiteCrow / Website processes Your PII to: (i) combat spam, malware, malicious activities or security risks; (ii) improve and enforce Our security measures; and (iii) to monitor and verify Your identity so that unauthorized users do not access Your account with Website / respective Portals. WhiteCrow / Website cannot ensure the security of Our Services if WhiteCrow / Website does not process Your PII for security purposes.
    7. To maintain legal and regulatory compliance: Certain laws or regulations apply to Our Services that may require WhiteCrow / Website to process Your PII. For example, WhiteCrow / Website may process Your PII to fulfill Our business obligations as necessary to manage risk as required under applicable laws. Without processing Your PII for such purposes, WhiteCrow / Website cannot perform the Services in accordance with Our legal and regulatory requirements.
    8. To personalize Your experience on the Service, WhiteCrow / Website provides You with third-party services, plugins and many other options to personalize Your experience on Our Service. In addition, by personalizing the Service, You get to enjoy Our Services even more because WhiteCrow / Website keeps track of Your preferences (e.g., Your language selection, Your time zone, etc.) and connect all Your favorite third-party services to Our Service. Without processing Your PII for such purposes, You may not be able to access or personalize part or all of Our Service.
    9. In addition to the above, WhiteCrow / Website may use Your PII for the following purposes also:
      • Operate, manage and improve the Services.
      • Communicate with You about Your Website’s / respective Portals’ account, Your interactions with the Services or Your contacts’ interactions with the Services.
      • Protect the rights or property of WhiteCrow or third parties.
      • To provide You with alerts and other notifications/notices concerning Our Services or events or news, that may be of interest to You.
      • To improve the Website / Portals and present its contents to You.
      • For testing, research, analysis and product/Service development.
      • As necessary or appropriate to protect the rights, property or safety of WhiteCrow /Website, the Candidates/ customers or others.
      • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by WhiteCrow / Website is among the assets transferred.
  4. International Transfer of Collected Information:

    1. To facilitate Our global operations, WhiteCrow / Website may transfer and access PII from around the world, including from countries other than those where WhiteCrow has operations.
    2. WhiteCrow / Website shall take all reasonable technical and organisational measures to protect Your data.
    3. If You are visiting the Website from the regions with laws governing data collection and use, please note that You are agreeing to the transfer of Your PII to India and other countries and jurisdictions. By providing Your PII, You consent to any transfer and processing in accordance with this Policy.
    4. For detailed information with respect to the safeguards and disclosures on behalf of WhiteCrow, the Candidates can refer to the CCPA and GDPR Addendums to this Policy, available on the Website.
  5. Disclosure:

    1. Subject to the provisions of the CCPA Addendum, WhiteCrow / Website do not sell Your PII to anyone for any purpose and WhiteCrow / Website maintains information about You in Our business records while You remain an active user or subscriber to Our Services on the Website / Portals. WhiteCrow / Website have implemented encryption or other appropriate security controls to protect PII when stored or transmitted by WhiteCrow / Website. WhiteCrow / Website may provide PII to third parties to the extent and in the manner as stated in this Policy.
    2. Please see below the disclosure focus:
      • Service Providers, Business Partners and Others: WhiteCrow / Website uses certain trusted third parties (as stated in Section 3.1, above) to help WhiteCrow / Website provide, analyze and improve the Services (including but not limited to data storage, maintenance services, database management, web analytics, security, payment processing and improvement of the Service’s features).
      • Compliance with laws and law enforcement requests and protection of WhiteCrow's rights: WhiteCrow / Website may disclose files stored in Your account and other information about You to third parties when We have a good faith belief that disclosure is reasonably necessary to: (a) comply with a law, regulation or legal requests including to meet national security or law enforcement requirements; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of WhiteCrow WhiteCrow / Website or its subscribers/users (i.e., Individual Candidate); or (d) protect WhiteCrow’s property rights.
      • Business Transfers: If We are involved in a merger, acquisition or sale of all or a portion of Our assets, Your information may be transferred as part of that transaction, but WhiteCrow through the Website will notify You (in accordance with Section 12 (Miscellaneous) of the Terms and Conditions or by posting a prominent notice on the Website) of any change in control or use of Your PII.
  6. Consent for receiving Promotional information:

    If You opt to receive marketing/promotional or informational announcements from WhiteCrow / Website, such emails will include the capability to opt-out of receiving such e-mails in the future. Marketing/promotional and informational announcements include any communications to You that are only based on advertising or promoting products and services of WhiteCrow. Transactional communications about Your account or the Services are not considered “marketing”, “promotional” or “informational” communications.

  7. Compliance with Laws and Law Enforcement Requests:

    In certain circumstances, WhiteCrow / Website may be required to disclose Your PII in response to lawful requests by public authorities, including to meet national security and law enforcement requirements. WhiteCrow / Website may disclose Your PII in response to subpoenas, court orders or legal process, or to establish or exercise Our legal rights or defend against legal claims. WhiteCrow / Website may also share such information if We believe it is necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Our Services or as otherwise required by law.

  8. Your Controls:

    1. You can review and correct Your PII collected by WhiteCrow / Website. WhiteCrow / Website reserve the right to correct the information found to be inaccurate. Candidates may verify that appropriate corrections have been made. However, it may be noted that the Website, WhiteCrow, its employees, subsidiaries, affiliates and third parties shall not be responsible for the accuracy and/or authenticity of the information supplied by You. WhiteCrow / Website hereby disclaims any and all liability arising out of or in connection with the accuracy and/or authenticity of the information.
    2. WhiteCrow / Website processes and stores service data on behalf of the Candidates. WhiteCrow / Website has direct relationship neither with the Individual Candidate nor the Subscribing Candidate. Therefore WhiteCrow / Website is exempted from any responsibility consequential to the business relations established between the: (i) Candidates by using of the Services available on the Portals; and (ii) Individual Candidate and the customers of WhiteCrow and/or ‘www.whitecrowresearch.com’.
    3. Consent: By using the Website / Portals and accessing/signing-up or subscribing to the Services, You consent to this Policy. In the event that You do not agree with and/or consent to the terms and conditions specifically set out herein and/or to the terms of the Agreement, please do not use or access the Website / Portals and the Services. You hereby acknowledge and agree that by mere use of the Website / Portals and the Services, You expressly consent to WhiteCrow’s /Website’s collection, receipt, storage, processing, disclosure, transfer, dealing with and handling of the customer/ Candidates’ data in accordance with this Policy throughout the Term / Subscription Term / Renewal Term / Trial Subscription Term, as the case may be. You understand that, while Your account is active to use the Website / Portals and Services, the Website, WhiteCrow, its subsidiaries, affiliates and third parties engaged by it, may retain Your PII and use it in any manner in order to comply with its contractual obligations and other obligations under applicable laws. In the event that You wish to withdraw Your consent to WhiteCrow’s /Website’s collection, receipt, storage, processing, disclosure, transfer, dealing with and handling of the information, You may contact WhiteCrow in the manner stipulated in Section 12 (Miscellaneous) of the Terms and Conditions, informing WhiteCrow of Your withdrawal of consent to its use of Your information. You hereby acknowledge and agree that, in case You withdraw Your consent to WhiteCrow’s / Website’s use and disclosure of Your PII as provided for in this Policy, such action on Your end will result in the termination of the Agreement and consequently effect in deactivation of the Individual Candidate’s account or the Subscribing Candidate’s subscription to the Services, restricting Your right to access the Website/ Portals and the Services, subject to Section 4.1 (Terms and Termination) of the Terms and Conditions, wherein the Candidates will have access to the Portals through the Website for a duration of 15 (fifteen) days, solely with the intent to enable the Candidates to access and retrieve its data.
  9. Changes to this policy:

    If WhiteCrow / Website is going to use Your previously collected PII in a manner materially different from that stated in this Policy at the time of collection, such change will be notified by posting it on the Website and shall indicate the date of the last revision.

  10. Children’s Privacy:

    WhiteCrow / Website do not use the Services to knowingly solicit data from or market to children under the age of 18 (eighteen) years. WhiteCrow / Website requests that such individuals do not provide PII through the Services. If a parent or guardian becomes aware that his or her child has provided WhiteCrow / Website with information without their consent, he or she should promptly contact WhiteCrow and We will take reasonable steps to ensure that such information is deleted from WhiteCrow’s / Website’s files.

  11. Data Security, Integrity and Retention:

    1. Security: WhiteCrow / Website will protect the Candidates’ PII from unauthorized access, use or disclosure. Whenever the Candidates changes or accesses their account information, WhiteCrow / Website offers the use of a secure server. Once Your information is in WhiteCrow’s / Website’s possession WhiteCrow / Website adheres to strict security guidelines, protecting it against unauthorized access. WhiteCrow / Website has implemented physical, technical and administrative security measures for the Services that comply with applicable laws and industry standards. For example, WhiteCrow / Website uses firewalls, encryption technology and other automated software designed to protect against fraud and identity theft.
    2. Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. All decisions which are made in the course of Our business processes involve human intervention. We do not therefore, expect to make any decisions about You using automated means.
    3. WhiteCrow / Website will ensure, to the best of its ability, the security of the Candidates’ Sensitive Personal Data or Information (“SPDI”) provided by the Candidates during the Term / Subscription Term / Renewal term / Trial Subscription Term, as the case may be.
    4. When the Candidates downloads and uses an app or website that requests WhiteCrow to provide the Services, WhiteCrow / Website may collect and process information locally on the Candidates’ mobile or desktop device. This allows WhiteCrow / Website to identify the sensitivity level of certain device information prior to transferring it to Our servers for storage. Rather than sending sensitive device information as raw data that can be easily associated with the relevant Candidates, WhiteCrow / Website only transfer representations of certain types of information back to WhiteCrow / Website. Our servers then associate the representations with a unique identifier assigned to each Candidates by the Website. When the Candidates subsequently interact with the Services, this process allows WhiteCrow through the Website to provide the Services without storing the sensitive information in a form that would be easily readable to unauthorized third parties.
    5. The Website also protects the Candidates’ privacy by seeking to minimize the amount of sensitive data that WhiteCrow / Website store on Our servers in the first place. You may also contact WhiteCrow anytime with Your questions or concerns.
    6. Upon expiry or pre-determination of the Agreement, WhiteCrow / Website will: (i) retain WhiteCrow’s data sourced from the Services provided on the Website for perpetuity; and (ii) within 7 (seven) working days of the expiration or pre-determination, provide to the Subscribing Candidate, with a copy of the information shared directly by such Subscribing Candidate with WhiteCrow / Website in accordance with Section 4.5 of the Terms and Conditions.
    7. You acknowledge that all information, data, text, software, documents, music, sound, photographs, graphics, videos, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content Content originated, and that You, and not WhiteCrow / Website, is entirely responsible for all Content that You upload, post, email, transmit or otherwise make available via the Services. You understand that by using the Services, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Website, WhiteCrow or its parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content or any loss or damage, no matter the cause of the loss or damage, of any kind incurred as a result of the use of the Services.

GDPR ADDENDUM

Last updated:

September 19, 2020

This GDPR Addendum (“GDPR Addendum”) supplements the information contained in the Data Privacy Policy of White Crow Research Private Limited (“WhiteCrow / We / Our”) through the website ‘www.whitecrow.co’ (“Website”) featuring the portals ‘talent.whitecrow.co’ (“Talent Platform”) and ‘hire.whitecrow.co’ (“Talent Marketplace”) (Talent Platform and Talent Marketplace are collectively referred to as “Portals”) and applies to the data provided by:

(i) the candidate accessing/signing-up on the portal ‘talent.whitecrow.co’ / Talent Platform, with the intent to seek job opportunities (“Individual Candidate”); or

(ii) the candidate and/or the designated employees of such candidate, subscribing to the portal ‘hire.whitecrow.co’ / Talent Marketplace with the intent to search for appropriate talents from across the internet to suit an employer’s job profile requirements (“Subscribing Candidate”). The Individual Candidate and the Subscribing Candidate are collectively referred to as “Candidates / You / Your”.

It is to be noted that as this GDPR Addendum supplements the Data Privacy Policy / Agreement, the capitalized terms unless defined herein shall have the same meaning assigned to them under the Terms and Conditions and the Data Privacy Policy.

WhiteCrow / Website may, from time to time, make changes/modifications to this GDPR Addendum, which shall come into effect automatically on the date of such changes/modifications, which shall be notified by posting on the Website.

  1. GDPR:

    Right to data is fundamental for every individual. With organizations across the world collecting customer data to enable them to provide services, it becomes important that the companies manage data in a transparent manner with the customer’s consent.

    GDPR stands for “General Data Protection Regulation”. It establishes a new framework for handling and protecting the personal data of EU-based residents. It provides the citizens of the EU greater control over their personal data and assurance that their information is being securely protected across Europe.

    Although GDPR is a data protection framework for the citizens residing in the EU, it also applies to all companies that handle personal data of individuals from the EU. Also, in the event of an infringement of these laws, You can face fines and penalties ranging from 10 million to 20 million or 2% to 4% of the annual revenue of the defaulting company/organization depending upon whichever is higher.

  2. WhiteCrow’s commitment to GDPR:

    WhiteCrow / Website controls and processes information of the Candidates who access/sign-up/subscribe to WhiteCrow’s Services. At WhiteCrow, We have always implemented and practiced processes which ensure that the Candidates’ data / customer data/ PII is stored and processed in ways only necessary to serve the Candidates / customers in the best possible way. Our policies are also streamlined with the GDPR goals and objectives.

  3. GDPR Readiness Initiatives on the Website and the Portals:

    On the Website and the Portals, We are committed to upholding the underlying principles of GDPR and below are some of the initiatives undertaken:

    Accountability

    There exists an established Data Privacy Policy created with the support from WhiteCrow’s leadership. Our leaders commit to support and provide guidelines for data protection compliance through a framework of standard policies and procedures.

    Candidates’ Personal Data with the Website

    The GDPR requires organizations to provide more information about the way in which an individual’s information is used. The Website and the Portals delivers on the Candidates’ Data Privacy Policy objective by enabling comprehensive data flow and process maps for the Candidates’ data which is updated from time to time and in sync with the GDPR guidelines.

    Privacy by Design and Default

    From consent capture, data processing and data transfer, the data flow principles are made to be in line with the GDPR and instilled in the conception of this Website’s / Portals’ design.

    Individual Rights, Subject Access, and Communication

    The GDPR program thoroughly evaluates how WhiteCrow / Website, both as a data controller and a processor, is placed with its existing procedures for readiness to:

    • Provide rights of individuals under GDPR; and
    • Assist the Candidates in responding to data access requests from individuals.

    Data Transfer

    Data transfers shall take place in accordance with the Data Privacy Policy available on the Website. Please refer to Section 6 below for details on transfer of data to third party.

  4. GDPR Compliance by WhiteCrow:

    • Clarity of information sharing with the users (i.e., Candidates) of the Website / Portals.
    • Transparent demonstration of consent, storage and transfer of information.
    • Data accessibility for the Candidates with the ability to modify, remove or complexly deactivate at will.
    • Website’s / Portals’ Opt-out, email unsubscribe options for the Candidates at any time.
    • Opt-In and processing purposes are clearly shared with the Candidates.
  5. Rights of the Candidates under GDPR:

    WhiteCrow / Website will always fully respect Your rights regarding the processing of Your personal data and Section 7, below, provides for the contact details, if You have any concerns or questions regarding the exercise of any rights You have under the GDPR. Listed below are the rights available to the Candidates under the GDPR:

    • The right to be informed;
    • The right of access;
    • The right to rectification;
    • The right to erasure;
    • The right to restrict processing;
    • The right to data portability;
    • The right to object; and
    • Rights related to automated decision making and profiling.
  6. Transfer to Third Parties:

    WhiteCrow / Website may share the Candidates’ PII with third parties as mentioned in the Data Privacy Policy, who perform functions necessary for providing the Services on its behalf. Examples include analysing data and providing marketing assistance and customer service. The PII shall only be transferred to or processed by such third parties where their services are necessary to fulfil WhiteCrow’s obligation towards the Candidates with respect to providing the Services availed for on the Website / Portals.

    The Candidates’ PII shall not be transferred to a country or territory outside the European Economic Area (EEA) unless the transfer is made to a country or territory recognised by the EU as having an adequate level of ‘Data Security’, or is made with the consent of the ‘Data Subject’, or is made to satisfy the legitimate interest of WhiteCrow in regard to the Agreement.

  7. Contact Information:

    If You have any questions or comments about this GDPR Addendum, the ways in which WhiteCrow / Website collects and uses Your personal information, Your choices and rights regarding such use or wish to exercise Your rights under GDPR, please do not hesitate to contact WhiteCrow at:

    • Email: gdpr@whitecrow.co
    • Contact at: +91-22-67379111

CCPA ADDENDUM

Last updated:

September 19, 2020

This policy for California residents supplements the information contained in the Data Privacy Policy of White Crow Research Private Limited (“WhiteCrow / Our”) through the website ‘www.whitecrow.co’ (“Website”) featuring the portals ‘talent.whitecrow.co’ (“Talent Platform”) and ‘hire.whitecrow.co’ (“Talent Marketplace”) (Talent Platform and Talent Marketplace are collectively referred to as “Portals”). WhiteCrow has prepared this addendum to the Data Privacy Policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws applicable (“CCPA Addendum”). This CCPA Addendum applies only to information submitted to and collected by WhiteCrow / Website including its Portals, through the use of the Services by:

(i) the candidate accessing/signing-up on the portal ‘talent.whitecrow.co’ / Talent Platform, with the intent to seek job opportunities (“Individual Candidate”); or

(ii) the candidate and/or the designated employees of such candidate, subscribing to the portal ‘hire.whitecrow.co’ / Talent Marketplace with the intent to search for appropriate talents from across the internet to suit an employer’s job profile requirements (“Subscribing Candidate”). The Individual Candidate and the Subscribing Candidate who reside in the State of California are collectively referred to as “Candidates / You / Your”.

It is to be noted that as this CCPA Addendum supplements the Data Privacy Policy / Agreement, the capitalized terms unless defined herein shall have the same meaning assigned to them in the Terms and Conditions and the Data Privacy Policy.

  1. Information :

    1. WhiteCrow through the Website / Portals may collect the following list of PII in connection with Your use of the Services:

      • ‘Identity Data’ such as name of the employer entity/Subscribing Candidate, name of the Individual Candidate, employer entity’s website, social media profiles, username, real name, alias, postal address, unique personal identifier, online identifier, ‘Internet Protocol’ address, email address, account name or other similar identifiers.
      • ‘Personal Data’, in case of Individual Candidate, such as gender, nationality and place of residence.
      • ‘Contact Data’ such as physical address, email address, social media address, telephone number and any other contact information You provide to WhiteCrow / Website.
      • ‘Professional Data’, in case of Individual Candidate, such as qualification, training and certifications, professional skills and experience, language skills.
      • ‘Employment Data’, in case of Individual Candidate, such as current/recent role, including job title, department, reporting line, responsibilities, salary, benefits and notice periods.
      • ‘Transaction Data’, in case of Subscribing Candidate, such as details about payments to and from the Subscribing Candidate, and details regarding the subscribed Services through the portal ‘hire.whitecrow.co’ / Talent Marketplace.
      • ‘Technical Data’ such as device IDs, Your login data, access dates and times, browser type and version, device information, ‘Cookie data’, time zone setting, browser plug-in types and versions, platform and other technology on the devices You use to access the Website / Portals.
      • ‘Profile Data’ such as Your username and password, searches made by You, preferences, user-generated content, feedback and survey responses.
      • ‘Usage Data’ such as information about how You use the Website / Portal and the Services.
      • Personal information categories listed in the California Customer Records statute [Cal. Civ. Code § 1798.80(e)], such as a name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
      • Similar networking activities such as Your browsing history, search history, information on Your interaction with a website, application or advertisement.
    2. As stated above, WhiteCrow / Website collects information that identifies, relates to, describes, references, is capable of being associated with or could reasonably be linked, directly or indirectly, with the Candidates or device used by the Candidates. WhiteCrow / Website does not collect PII as stated below:

      • Protected classification characteristics under California or federal law.
      • Commercial information such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
      • Biometric information such as genetic, physiological, behavioural and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, face-prints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
      • Sensory data.
      • Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information or student disciplinary records.
      • Publicly available information from government records.
      • De-identified or aggregated consumer information.
      • Information excluded from the CCPA’s scope, such as:

        • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
        • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (CalFIPA), and the Driver’s Privacy Protection Act of 1994.
    3. WhiteCrow / Website obtains the categories of personal information listed in Clause 1.1, above, from the following categories of sources:

      • Directly obtained from the Candidates. For example, from documents that the Candidates provide to WhiteCrow / Website during implementation and regular usage of Our Services.
      • Directly and indirectly from the Candidates’ activity on the Website/ Portals. For example, from submission of the Subscription Form (for the Subscribing Candidate) or the information submitted otherwise through the Website and through usage details collected automatically.
  2. Use of Personal Information:

    WhiteCrow / Website may use or disclose the personal information WhiteCrow / Website collects for one or more of the following business purposes:

    • To carry out Our obligations and enforce Our rights arising from the Agreement/agreement(s) entered into between You and WhiteCrow, upon subscription/accessing/signing-up to the Services provided on the Website / Portals, including Services, billing, and collections.
    • To fulfill or meet the reason for which the information is provided.
    • To provide You with information or Services that You request from WhiteCrow / Website.
    • To provide You with alerts and other notifications/notices concerning Our Services or events or news, that may be of interest to You.
    • To improve the Website and the Portals and present its contents to You.
    • For testing, research, analysis and product/Service development.
    • As necessary or appropriate to protect the rights, property or safety of WhiteCrow / Website, the Candidates/customers or others.
    • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
    • As described to You when collecting PII or as otherwise set forth in the CCPA.
    • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by WhiteCrow / Website is among the assets transferred.

    WhiteCrow / Website may use or disclose Your PII for the purposes mentioned in the Data Privacy Policy in addition to the above list of use or disclosure of Your PII, which is not inconsistent with the CCPA Addendum.

    WhiteCrow / Website will not use the PII WhiteCrow / Website collected for materially different, unrelated or incompatible purposes, without providing You notice.

  3. Your Rights and Choices:

    The CCPA provides the Candidates (California residents) with specific rights regarding their personal information. This section describes Your CCPA rights and explains You how to exercise those rights.

    Access to Specific Information and Data Portability Rights:

    You have the right to request that WhiteCrow / Website disclose certain information to You about WhiteCrow’s / Website’s collection and use of Your PII over the past 12 months. Once WhiteCrow / Website receives and confirms Your verifiable consumer request, WhiteCrow / Website will disclose to You:

    • The categories of PII collected about You.
    • The categories of sources for the PII collected about You.
    • Our business or commercial purpose for collecting or selling that PII.
    • The categories of third parties with whom WhiteCrow / Website shared that PII.
    • The specific pieces of PII collected about You (also called a data portability request).
    • If WhiteCrow / Website has sold or disclosed Your PII for a business purpose, two separate lists disclosing:

      • sales, identifying the PII categories that each category of recipient purchased; and
      • disclosures for a business purpose, identifying the PII categories that each category of recipient obtained.
  4. Deletion Request Rights:

    You have the right to request that WhiteCrow / Website delete any of Your PII that WhiteCrow / Website collected from You and retained during the Term / Subscription Term / Renewal Term / Trial Subscription Term, as the case may be, subject to certain exceptions. Once WhiteCrow / Website receives and confirms Your verifiable candidate request, WhiteCrow / Website will delete Your PII from Our records, unless an exception applies.

  5. Exercising Access, Data Portability, and Deletion Rights:

    To exercise the access, data portability and deletion rights described above, please submit a verifiable candidate request to WhiteCrow by either:

    • Email: ccpa@whitecrow.co
    • Contact at: +91-22-67379111

    Only the Candidates and/or a person registered with the California Secretary of State that the Candidates’ authorized to act on his/her/its behalf, may make a verifiable candidate request related to the PII.

    The verifiable candidate request must:

    • Provide sufficient information that allows WhiteCrow / Website to reasonably verify that, You are the person about whom WhiteCrow / Website collected personal information or an authorized representative thereof.
    • Describe Your request with sufficient details that allows WhiteCrow /Website to properly understand, evaluate and respond to it.

    WhiteCrow / Website cannot respond to Your request or provide You with PII if WhiteCrow / Website cannot verify Your identity or authority to make the request and confirm that the PII relates to You. WhiteCrow / Website will use the PII provided in a verifiable candidate request to verify the requestor’s identity or authority to make the request.

  6. Non-Discrimination:

    WhiteCrow / Website will not discriminate against You for exercising any of Your CCPA rights. Unless permitted by the CCPA, WhiteCrow / Website will not:

    • Subject to the terms as stipulated in the Terms and Conditions, deny You Services.
    • Charge the Subscribing Candidate different prices or rates for Services, other than as mentioned in the Subscription Form or on the portal ‘hire.whitecrow.co’.
    • Subject to the provisions of the Service Level Agreement, provide You a different level or quality of Services.
    • Subject to the provisions of the Service Level Agreement, suggest that the Subscribing Candidate may receive a different price or rate for Services or a different level or quality of Services.
  7. Changes to Our Privacy Notice:

    WhiteCrow / Website reserves the right to amend this CCPA Addendum at Our discretion and at any time. When WhiteCrow / Website makes changes to this CCPA Addendum, the same will be notified to You by posting it on the Website and shall indicate the date of the last revision.

  8. Contact Information:

    If You have any questions or comments about this CCPA Addendum, the ways in which WhiteCrow / Website collects and uses Your PII, Your choices and rights regarding such use, or wish to exercise Your rights under the California law, please do not hesitate to contact WhiteCrow at:

    • Email: ccpa@whitecrow.co
    • Contact at: +91-22-67379111

Service Level Agreement

Last updated:

September 19, 2020

This Service Level Agreement outlines the description of the Services (defined as below) provided by White Crow Research Private Limited (“WhiteCrow”). WhiteCrow provides Services through the website ‘www.whitecrow.co’ (“Website”) featuring the portals ‘talent.whitecrow.co’ (“Talent Platform”) and ‘hire.whitecrow.co’ (“Talent Marketplace”) (Talent Platform and Talent Marketplace are collectively referred to as “Portals”) to:

(i) the candidate accessing/signing-up on the portal ‘talent.whitecrow.co’ / Talent Platform, with the intent to seek job opportunities (“Individual Candidate”); or

(ii) the candidate and/or the designated employees of such candidate, subscribing (i.e., the ‘Subscribing Candidate’ under the Terms and Conditions) to the portal ‘hire.whitecrow.co’ / Talent Marketplace with the intent to search for appropriate talents from across the internet to suit an employer’s job profile requirements (“Employer Candidate”). The Individual Candidate and the Employer Candidate shall collectively be referred to as “Candidates / You / Your” subscribing/assessing/signing-up to such Services (“Service Agreement”).

The Services (defined as below) are offered to: (i) the Employer Candidate subscribing to the Services provided by WhiteCrow upon payment of a subscription amount; and (ii) the Individual Candidate accessing/signing-up to the Services provided by WhiteCrow on no payment basis. The Website displays the terms and conditions applicable to the Candidates availing the Services provided by WhiteCrow.

It is to be noted that, the Terms and Conditions along with the Data Privacy Policy [including addendum(s)], the Service Level Agreement and the Subscription Form (applicable to the Employer Candidate subscribing to the portal ‘hire.whitecrow.co’ / Talent Marketplace) shall collectively be referred to as the “Agreement”. The capitalized terms unless defined herein shall have the same meaning assigned to them under the Terms and Conditions and the Data Privacy Policy. The terms stated and outlined under the Terms and Conditions shall be in addition to the terms under this Service Agreement.

By using, accessing/signing-up or subscribing to the Services (defined as below) provided on the Website / Portals, the Candidates agree to be bound by the terms of the Agreement.

WhiteCrow / Website may, from time to time, make changes to this Service Agreement. If WhiteCrow / Website makes any material change in the Service Agreement, WhiteCrow through the Website shall notify the Candidates of those changes by posting them on the Website and shall indicate the date of the last revision. Please note that, after the posting of the changes to the Service Agreement on the Website, Your use of the Services (defined as below) will constitute Your acceptance of those changes.

WhiteCrow through its Website and the Portals, provides services pursuant to a “software-as-a-service” (i.e., “SaaS”) delivery model, primarily in the nature of a recruitment market place, under which You use the applicable software components (the “Software”) providing access to database through the Website in addition to providing SaaS services via internet: (i) on no payment basis by accessing/signing-up on the portal ‘talent.whitecrow.co’, in case of an Individual Candidate; or (ii) on a subscription service basis, by entering into and executing a subscription form subscribing to the Services displayed on the portal ‘hire.whitecrow.co’ (“Subscription Form”), in case of the Employer Candidate. Accordingly, during the Term / Subscription Term / Renewal Term / Trial Subscription Term, as the case may be, and subject to the compliance to the provisions of this Agreement, WhiteCrow grants You a non-exclusive, non-transferable, limited, time-bounded license (non-sub licensable) to access the database through the Website and use the SaaS services and/or Services (defined as below) via internet. The access to the database through the Website and the SaaS services, may only be used in support of Your professional/business operations.

  1. SCOPE OF THE SERVICES:

    “The Portals’ AI engine” is a network of knowledge that stores data on jobs, skills, companies, industries, people, places and more. This enables WhiteCrow / Website to provide a platform in the nature of a Talent Platform and Talent Marketplace to identify the right talent / job opportunities and to maximize the scope of utilization of the Website. WhiteCrow may also provide platform to the customers of WhiteCrow and/or ‘www.whitecrowresearch.com’ to reach out to the Individual Candidate on the Talent Platform. WhiteCrow’s Services grants access to the database provided on the Portals through the Website which aid in tracking public profiles to identify and locate appropriate talent from across the internet. WhiteCrow’s sourcing involves pairing of proprietary tech with a human touch to engage and acquire talent from over 20 (twenty) channels. Website’s screening algorithms work on self-reported information to identify qualified and relevant talent. They may also pass the process of a manual phone screening from one of WhiteCrow’s talent advocates. In addition to the same, the portal ‘talent.whitecrow.co’ also aid and assist the Individual Candidate using the said portal to display their portfolios to seek appropriate and desired job opportunities. You shall select Your desired criteria and a list of options shall be available to You. To further ease the process, the Individual Candidate shall be free to filter the job opportunities and the Employer Candidate shall be free to filter the potential talents, upon gaining access to the database and use of SaaS (“Service(s) / WhiteCrow’s Services”).

  2. MODE OF PROVIDING THE SERVICES ON THE PORTALS THROUGH THE WEBSITE:

    1. For the Individual Candidate: The Individual Candidate accessing/signing-up to the Services on the Talent Platform will primarily access the Website. The Individual Candidate through the Services provided on the Talent Platform will apply to the jobs: (i) published on the Website, in which case the customers of WhiteCrow will have access to the profiles of the Individual Candidate; or (ii) by virtue of accessing/signing-up to the Talent Platform. A talent advocate/consultant of WhiteCrow will approach, coordinate and cooperate with the Individual Candidate using the Services, to apply for the desired job opportunity through the Talent Platform (“Talent Advocate”). The Talent Advocate will seek Individual Candidate’s permission before introducing such candidate either to a customer of WhiteCrow or the Subscribing Candidate reaching out from the Talent Marketing portal. In case a Subscribing Candidate approaches the Individual Candidate with an interview request through the Talent Advocate, such request will appear on the dashboard of the Website and the Individual Candidate will have an option to accept or ignore/reject such request.
    2. For the Subscribing Candidate: The Subscribing Candidate subscribing to the Services on the Talent Marketing portal will primarily access the Website. At the initial stage, the Individual Candidate’s anonymous profile will be visible to the Subscribing Candidate and if the Subscribing Candidate is interested in a particular Individual Candidate’s profile, will approach the Talent Advocate with a request for scheduling a job interview with such Individual Candidate. Upon the Individual Candidate’s acceptance of such request, the Subscribing Candidate will be able to view the un-anonymised profile of the Individual Candidate.
  3. PRODUCTS OF THE WEBSITE:

    • For the Employer Candidate:

    Pre-Screening of Employees: The portal ‘hire.whitecrow.co’ / Talent Marketplace helps the Employer Candidate to find the perfect talent by pre-screening and validating them before approving them on the Portals. Further, the said portal also helps the Employer Candidate to connect with the ideal candidate within 72 (seventy two) hours of the Employer Candidate showing interest.

    Talent Insights: The Talent Marketplace also helps the Employer Candidate to understand the talent landscape before shortlisting the ideal talents which makes the shortlisting quick and easy.

    Talent Pipeline: The Talent Marketplace provides a perfect bundle of features to help the Employer Candidate organize the sourcing efforts and shape the talent pipeline as per the Employer Candidate’s organization’s future goals. Further, the Talent Marketplace sources talent effectively from multiple platforms and also manages the talent sourcing.

    Applicant Tracking System: The Talent Marketplace has designed tools that track applicants for the Employer Candidate’s posting, fairly and consistently. This tool further allows the Employer Candidate to configure the hiring process for a smooth experience.

    • For the Individual Candidate:

    Bucketing of Individual Candidates: WhiteCrow / Website, defines the job roles for the Individual Candidate accurately. The portal ‘talent.whitecrow.co’ / Talent Platform helps the Individual Candidate find both industry agnostic and industry specific roles.

    Curated Experience: The Individual Candidate will have a curated experience in terms of the features and the insights of the Talent Platform and they can create their own profile and share details which they wish to share with the Employer Candidate / WhiteCrow’s customers. The Employer Candidate / WhiteCrow’s customers representing their companies will reach out to the Individual Candidate through the Talent Advocate as per their job requirements and may put up interview and offer requests.

    Transparency: The interview requests to the Individual Candidate shall mention details with respect to the salary structure and job profiles, thus, making it easy for the Individual Candidate to accept or deny/ignore the requests raised. The Individual Candidate may also reach out to the Employer Candidate with a request through the Talent Advocate. WhiteCrow / Website promises that, the Individual Candidate shall have complete privacy control over their profile.

  4. SERVICE AVAILABILITY:

    1. WhiteCrow / Website will take appropriate measures in terms of redundancy, monitoring and platform management so as to ensure optimal service availability in addition to the periodic maintenance.
    2. The Services will be deemed unavailable in the event when the authentication to the Services is not possible. Such unavailability shall be deemed to be due to (i) planned downtime; or (ii) unavailability caused by circumstances beyond WhiteCrow’s control [Section 12 (Miscellaneous) of the Terms and Conditions] as specifically stipulated under Section 7.1 of the Terms and Conditions. The interruption or non-availability of the Services shall not continue beyond 24 (twenty four) hours in case of planned downtime. In case the interruption or non-availability of the Services caused due to planned downtime continues beyond the said period, You may notify WhiteCrow of such interruption in the Services in the manner as stipulated under Section 8.1 of the Terms and Conditions.
    3. WhiteCrow will strive to maintain the service availability at the rate of 96% (ninety six percent), ensuring availability of Service throughout the Term / Subscription Term / Renewal Term / Trial Subscription Term, as the case may be.
  5. SERVICE SUPPORT:

    WhiteCrow through the Website provides ‘service support’ to the Candidates to answer questions and address issues within a reasonable time period not exceeding 4 (four) working days (“Response Time”).

    WhiteCrow / Website do not control the uptime of the third party sites/Sites. WhiteCrow / Website shall not be held responsible or liable for any damage caused to the Candidates pursuant to the same.

  6. ESCALATION:

    During the subsistence of the Term / Subscription Term / Renewal Term / Trial Subscription Term, as the case may be, an escalation may be initiated after the Response Time as provided in Section 5, above, has lapsed. If the Candidates have worked through the processes as stipulated in Section 5, above, and are not satisfied with the level or timelines of service received, the Candidates can escalate accordingly.

    Contact Information:
    escalation@whitecrow.co
  7. MAINTENANCE AND SECURITY RESPONSE:

    WhiteCrow through the Website/Portals strives to provide a bug-free, incident-free Services at all times during the Term / Subscription Term / Renewal Term / Trial Subscription Term, as the case may be. The Candidates shall notify/report WhiteCrow in the manner as stipulated in the Terms and Conditions, in the event of compromise / unauthorized use or suspicious activity in the Candidates’ account.

  8. SECURITY SYSTEM:

    1. WhiteCrow / Website will protect the Candidates’ data and ensure that the said data is secure and protect the same against any unauthorized use or access. You may also refer to the Data Privacy Policy available on the Website in this regard.
    2. WhiteCrow’s / Website’s security infrastructure includes:

      1. The Website’s / Portal’s computing infrastructure is provided by ‘Amazon Web Services’, a secure cloud services platform. Amazon’s physical infrastructure has been accredited under ISO 27001, SOC 1/SOC 2/SSAE 16/ISAE 3402, PCI Level 1, FISMA Moderate and Sarbanes-Oxley.
      2. WhiteCrow / Website has created a secure multi-tier network environment on top of Amazon’s infrastructure to make sure that, WhiteCrow / Website applications and data are protected and always accessible. Access to WhiteCrow’s /Website’s infrastructure is tightly controlled and monitored. In addition to strong security controls, WhiteCrow / Website also makes sure that, the data it collects remains available through full, daily backups, and is retained for 30 (thirty) days and tested weekly.
      3. The Website / Portals comply with its obligations as a data processor under the GDPR.
      4. WhiteCrow /Website uses secure coding practices and ensures that WhiteCrow / Website is, at minimum, protected against the OWASP Top 10. All ‘Greenhouse applications’ undergo frequent third-party security assessments to catch any missed security bugs. WhiteCrow / Website has a “bug bounty” program in which it pays hackers to responsibly report bugs that they find in WhiteCrow’s / Website’s applications.
      5. The communication between the Candidates and WhiteCrow’s/ Website’s servers is encrypted with 128-bit SSL/TLS encryption. All user passwords are securely hashed and the passwords are never stored in plain text. All data access is protected by a role-based access-control mechanism, which only lets users view data for which they have permission. It is impossible for Portals’ users to view data from organizations other than their own.
      6. Only authorized employees have access to WhiteCrow’s / Website’s production infrastructure and require strong authentication. WhiteCrow limits access to customer data to its employees who need it to provide support and troubleshooting on Candidates’ behalf. Accessing Candidates’ data is done solely on an ‘as-needed’ basis, and only when approved by the Candidates (e.g., as part of a support request) or to provide proactive support and maintenance.
  9. BACK-UPS:

    A back-up of all Candidates’ data is made on a daily basis for test, acceptance and production environments and are stored on AWS in a Mumbai India datacenter. The Services are designed to have back-ups for a duration of 30 (thirty) days. WhiteCrow / Website shall provide backup of the data available on the Website/Portals to the Candidates, for the purpose as stipulated in the Terms and Conditions.

  10. TECHNICAL ASSISTANCE:

    WhiteCrow shall strive to provide best industry practices including technical assistance to the Candidates during the Term / Subscription Term / Trial Subscription Term / Renewal Term, as the case may be. Technical assistance/options shall be made available on the Website / Portals by WhiteCrow for the following:

    • ‘Forgot Password’: To re-set password in case the Candidates forget the password of the operative account.
    • ‘Sign-in Options’: alternative sign-in options for the Candidates to access the account.
    • ‘Renew Subscription’: easy click-on option to renew the subscription to the Services (applicable to the Employer Candidate).
    • Any other technical matters requiring assistance.