Flex+ Terms and Conditions
Last updated February 21, 2024
The Indeed Flex+ Service is operated by Indeed Flex, Inc. 6433 Champion Grandview Way, Austin, Texas 78750 and shall be referred to as “Indeed Flex”, “Flex”, “we”, “our”, or “us” .
Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions defined herein.
Flex reserves the right, from time to time, without notice, to change these Flex+ Terms at its sole discretion, by notifying you of such changes by any reasonable means, including by posting the latest version on the Service with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.
The following definitions and rules of interpretation apply in these Flex+ Terms:
(a) “Client” means a business that has entered into an agreement with Flex to use the Service.
(b) “Client Worker” means an individual employed or otherwise engaged by Client. For the avoidance of doubt, Client Workers are not employed by, or under the control of, Indeed Flex.
(c) In these Flex+ Terms, headings are for convenience only and do not affect interpretation.
(d) All capitalized terms herein shall have the meanings assigned to them in the User License, accessible via URL https://indeedflex.com/indeed-flex-client-user-license/.
- Indeed Flex Obligations
As between the parties, Flex shall: (a) provide the Indeed Flex+ Platform and the Indeed Flex+ App in accordance with the terms of these Flex+ Terms; and (b) load and ingest the Client Content into Flex’s servers for use in the Indeed Flex+ App and the Indeed Flex+ Platform; and (c) as part of the Services and at no additional cost to Client, provide Client with Flex’s standard customer support services during normal business hours on business days.
- Client Obligations
As between the parties, the Client shall: (a) be solely responsible for ensuring that it has all the necessary rights, permissions and consents to upload Client Content to the Indeed Flex+ App and/or the Indeed Flex+ Platform; (b) have sole responsibility for direct Client Worker management and shall have a direct contractual relationship with Client Workers; (c) provide such cooperation as Flex may reasonably require in all matters relating to the Services; (d) be solely responsible for all activity occurring under Client Workers’ accounts and shall abide by all applicable law in connection with its and its Client Workers’ use of the Indeed Flex App and the Indeed Flex+ Platform, including those related to data privacy, and shall notify Indeed Flex immediately if any unauthorized use of any password or account or of any other known or suspected breach of security; (e) employ, implement and maintain security measures and procedures to ensure that no unauthorized person may gain access to the Indeed Flex+ App, the Indeed Flex+ Platform or the Indeed Flex+ API; and (f) invite Client Workers to use the Indeed Flex App in accordance with these terms.
- Scope of License
4.1 Subject to, and conditional upon compliance with, the terms and conditions of these Flex+ Terms, Flex hereby grants to the Client a limited, non-exclusive and non-transferable license (without the right to grant sub-licences) during the term, to use (a) the Indeed Flex+ API; (b) the Indeed Flex Materials; and (c) the front-end of the Indeed Flex+ App and the Indeed Flex+ Platform in accordance with their intended functionalities, and in accordance with this Flex+ Terms.
4.2 Except as otherwise expressly permitted by Flex, Client is not authorized under these Flex+ Terms to:
(a) license, sub-license, sell, resell, transfer, assign, rent, lease, export, import, act as an intermediary or provider, distribute or otherwise commercially exploit or make available to any third-party the Indeed Flex+ API, the Indeed Flex+ App, the Indeed Flex+ Platform or Indeed Flex Materials in any way;
(b) modify or make derivative works based upon the Indeed Flex+ API, the Indeed Flex+ App, the Indeed Flex+ Platform or the Indeed Flex Materials; or
(c) reverse engineer or access the Indeed Flex+ App or the Indeed Flex+ Platform in order to:
(i) build a competitive product or service;
(ii) build a product using similar ideas, features, functions or graphics of the Indeed Flex+ App and/or the Indeed Flex+ Platform; or
(iii) copy any ideas, features, functions or graphics of the Indeed Flex+ App and/or the Indeed Flex+ Platform.
4.3 Client agrees not to use the Indeed Flex+ App or the Indeed Flex+ Platform in any way that is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4.5 Client shall employ, implement and maintain security measures and procedures to ensure that no unauthorized person may gain access to Client’s Account, the Indeed Flex+ App, the Indeed Flex+ Platform or the Indeed Flex+ API.
- Consideration / Payment
In consideration of the rights granted and the Service provided to Client under these Flex+ Terms, Client has entered, or shall immediately enter, into an agreement with Flex for the provision of temporary staffing services.
- Additional Services
5.1 Flex may be requested by Client to provide a variety of additional services that are over and above the Services provided under these Flex+ Terms. Any such additional services shall be provided pursuant to a separate agreement with remuneration, conditions, costs and other material terms to be negotiated between the parties.
5.2 Flex, in its sole discretion, reserves the right to add, remove, or modify features or functions, or to provide fixes, updates and upgrades, to the Indeed Flex+ App and the Indeed Flex+ Platform.
6.1 Each party represents and warrants to the other party that:
(a) it has the full power and authority to enter into and to perform these Flex+ Terms and that the person executing these Flex+ Terms on behalf of the party is authorized to do so;
(b) the execution and performance of the obligations and duties of these Flex+ Terms by either party will not violate any agreement to which the other party is a party or by which it is otherwise bound; and,
(c) any and all activities undertaken by it in connection with these Flex+ Terms will be performed in compliance with all applicable laws, rules, and regulations.
6.2 Client hereby further warrants and represents that:
(a) it has and will maintain throughout the term all rights, authorizations and licenses that are required in order for: (i) it to fully perform its obligations hereunder; (ii) it to grant the rights and licenses granted herein; and (iii) Flex to use the Client Content and Client Marks, as permitted herein.
(b) it shall be solely responsible for its employees use of and access to the Indeed Flex+ App and the Indeed Flex+ Platform, and Client shall operate the same and deal with Users, Flexers and Agency Workers in accordance with all applicable laws ;
(c)it shall perform all its obligations in these Flex+ Terms with due care, skill, promptness and diligence;
(d) Client Content will not violate or infringe the rights of any third party, including without limitation the Intellectual Property Rights or rights of privacy;
(e) its Marks will not violate or infringe the rights of any third party, including without limitation the Intellectual Property Rights or rights of privacy;
(f) it shall not use the Indeed Flex Materials other than as expressly permitted herein; and
(g) it shall comply with its obligations set forth in the Data Protection Addendum attached hereto.
7. Indemnity and Liability
7.1 Each party hereby acknowledges and agrees to indemnify, defend and hold harmless the other party, each of other party’s Group Companies and each of its and their officers, directors, agents and employees against any claim or demand, including legal fees and costs, made against it by any third-party (including a Flexer) due to or arising out of the indemnifying party’s negligence, omission or breach of these Flex+ Terms, or the indemnifying party’s failure to comply with any law or the rights of a third-party (including but not limited to a Flexer) in the course of using the Service.
7.2 Without prejudice to any other rights or remedies, a party shall not be liable for any delay or failure to perform its obligations or to provide accurate information under these Flex+ Terms provided such failure is directly and identifiably attributable to the acts and omissions of the other party.
7.3 If Flex’s performance of its obligations under these Flex+ Terms is prevented or delayed by any act or omission of the Client, its agents, subcontractors, consultants or employees, Flex shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.
7.4 Nothing in these Flex+ Terms excludes the liability of either party for any liability which cannot be limited under applicable law.
7.5 EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER OR A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FLEX’S AGGREGATE LIABILITY TO THE CLIENT IS LIMITED TO AMOUNTS PAID OR PAYABLE TO FLEX BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM.
8.1 These Flex+ Terms may be terminated by either party upon thirty (30) days’ written notice to the other party. On termination of these Flex+ Terms, both parties shall pay to the other all amounts properly due under these Flex+Terms for the services performed up to the date of termination;
8.2 On expiration or termination of these Flex+ Terms:
(a) each party shall, return any and all of the other party’s equipment, materials and deliverables then in its possession;
(b) all rights and licenses granted hereunder shall cease at the date of expiration or termination of these Flex+ Terms;
(c) subject always to the Data Protection Addendum, each party shall within thirty (30) days of the date of expiration or termination of these Flex+ Terms return to the other all of the other party’s Confidential Information together with any copies made thereof, including copies in all forms, partial and incomplete, on any types of media and in any computer memory, and (if requested in writing) certify to the other party in writing that it has strictly complied with this obligation and has not retained any copies of the other party’s Confidential Information;
(d) Sections which by their terms or intent are to survive termination of these Flex+ Terms will do so.
Any notice or other communication given to a party under or in connection with these Flex+ Terms shall be in writing and shall be (i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or (ii) sent by email to the address specified in the Client’s Account. Notices will be deemed given 24 hours after the email is sent (if sent by email) or the third day after the date of mailing (if sent by post).
These Flex+ Terms and any dispute arising out of or in connection with or related to these Flex+ Terms (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these Flex+ Terms, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. All Disputes are to be settled by binding arbitration in the state of Texas. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitrator may grant injunctions or other such necessary relief, and the decision of the arbitrator shall be final, conclusive and binding on the Parties. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. Flex’s rights and obligations under this arbitration provision shall inure to the benefit of any consumer reporting agency that provides information to Flex regarding a candidate or employee, regardless of whether the consumer reporting agency is named as a co-defendant or named individually in a claim that would otherwise be subject to this arbitration provision if brought against Flex.
11.1 Nothing in these Flex+ Terms is intended to, or shall be deemed to, establish an exclusive relationship, any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.
11.2 Neither party shall assign its rights under these Flex+ Terms either in whole or in part without the prior written consent of the other party, save that Flex may be entitled to assign these Flex+ Terms to any affiliate or Group Company or in connection with a merger or business sale of its assets.
11.3 No failure or delay by a party to exercise any right or remedy provided under these Flex+ Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
11.5 If any provision or part-provision of these Flex+ Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Flex+ Terms.
11.6 These Flex+ Terms may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
12.1 Subject to the terms set forth in this Section 12, Clients may choose to allocate Assignments to third-party staffing agencies (“Agency” or “Agencies”) using the Indeed Flex+ Platform. By requesting or allowing an Agency to supply Agency Workers (as defined below) to perform an Assignment for Client (“Agency Engagement”), Client agrees to the terms set forth in this Section 12.
12.2 Client agrees and acknowledges the following with respect to Agency Workers:
12.3.1 Agency Workers are employed by the Agency indicated on the Flex+ Platform and are not employees of Indeed Flex. Agencies are solely responsible for paying their respective Agency Workers for their work as required by applicable law. Each Agency has agreed to make all necessary deductions for tax and Social Security contributions and, if applicable, the Agency shall be responsible for obtaining workers compensation insurance and paying unemployment insurance in an amount and under such terms as required by applicable state law.
12.3.2 Agency Workers must pass the background check requested by Client on the Indeed Flex+ Platform prior performing an Engagement for Client. Client acknowledges and agrees that Agency, and not Flex, is solely responsible for all obligations under the Fair Credit Reporting Act and any corollary state laws (“FCRA”) with respect to its Agency Workers, including but not limited to, compliance with any required disclosures, consents, pre-adverse action and adverse action letters as a result of such screenings of Agency Workers, and compliance with all applicable laws or EEOC guidelines relating to the adjudication of Agency Worker background check results. Flex does not review Agency Worker background check results and makes no warranty regarding the quality or completeness of the background screening performed by the Agencies and their third-party vendor. Client agrees that Flex is not responsible for claims, losses, or liabilities that arise as a result of Agency’s failure to screen Agency Workers or Agency’s failure to comply with the FCRA.
12.3.3. Client agrees to: (a) supervise Agency Workers performing services for Client, (b) notify the Agency immediately of all work-related injuries/ illnesses of Agency Workers, regardless of severity, and permit Agency to arrange for the injured or ill Agency Workers to receive medical care, (c) prohibit Agency Workers from operating any vehicle (auto, forklift, heavy equipment, etc.) or machinery (except office machines) without the express, prior written consent of Agency, and (d) be solely responsible for the conduct of Client’s employees, agents and invitees.
12.3.4 Client agrees to supply a safe workplace and provide each Agency Worker with appropriate on-site health and safety training, as may be required by law or otherwise. This includes but is not limited to providing a workplace free from serious recognized hazards and complying with all standards, rules and regulations issued under the U.S. Occupational Safety and Health Act or by the U.S. Occupational Safety and Health Administration. Additionally, Client agrees to provide and/or ensure the use of personal protective equipment and clothing as required by law or deemed necessary by Flex or Agency. Client certifies that its premises comply with all applicable government requirements regarding safe working conditions and that Agency Workers will be given any required safety training or information. In the event of a work-related injury by any Agency Worker, Client agrees to (i) immediately notify the Agency of such injury, (ii) permit the Agency to conduct an onsite investigation, and (iii) cooperate with the Agency in the conduct of its investigation.
12.3.4 Client acknowledges that hiring an Agency Worker may require Client to pay a conversion fee.
12.3.5 Agency Workers engaged by Client via the Indeed Flex Platform will work according to Client’s direction for the duration of each Assignment. Indeed Flex and its Group Companies are not responsible for the actions, omissions, negligence or misconduct of Agency Workers or any Agency.
12.4 Flex will invoice Client for the services performed by Agency Workers pursuant to an Agency Engagement and Client agrees to pay Flex for all timesheets and expenses approved by a Client manager or supervisor on the Indeed Flex+ Platform. Unless otherwise agreed in writing (email is sufficient), Client agrees that all timesheets for the preceding week must be approved by the Client by 11.59PM CST on the following Tuesday. Where the Client fails to approve a timesheet on time, such timesheet shall be deemed to have been approved by the Client and the Client shall be liable to pay for all of the time recorded on such timesheet. If the Parties determine an error occurred, the error will be corrected through an adjusting transaction (debit or credit) that will come through to Client in the next invoicing cycle.
12.5 Client shall provide such specialized job training and such general direction as Client deems necessary and appropriate for the proper performance of the work assigned to the Agency Worker.
12.6 Client agrees to use Agency Workers only for the Assignment for which Client has requested them.
12.7 Indeed Flex does not warrant or guarantee the Agency Workers requested by Client pursuant to these Flex+ Terms will produce any particular result or perform services in any particular manner. Accordingly, Client acknowledges and agrees that Flex is not responsible for any aspects of the work performed by Agency Workers. Flex is providing Client with access to Agency Workers through the Indeed Flex+ Platform and Client, not Indeed Flex, is responsible for directing and supervising the Agency Workers who provide the services. Client agrees that Flex shall not be liable (i) for any claims, costs, expenses, damages, obligations or losses arising from or in connection with the acts or omissions of any Agency Worker or (ii) for any indirect, special or consequential damages (including but not limited to loss of profits, interest, earnings or use) whether arising in contract, tort or otherwise. Client shall indemnify Flex and hold it and its Group Companies harmless against and from any such claims made or brought by third-parties, including any and all costs incurred in connection with such claims.
12.8 Client agrees and acknowledges that Flex does not make any representation or warranty regarding Agencies or Agency Workers and Flex makes no express or implied warranty, including, but not limited to any warranty of quality, performance, merchantability or fitness for any purpose with respect to any services performed by Agency Workers. Flex provides matchmaking and platform services only and Client agrees that Flex has no responsibility for any other aspect of service delivery or interaction between Agency Workers and Client.
12.9 Client will indemnify, defend, and hold harmless, Agency, and its respective directors, officers, employees, and agents, from and against all demands, claims, actions, losses, judgments, costs, expenses (including reasonable attorney fees), imposed upon, or incurred by Agency, that arise out of any of the following:
Compliance: Client’s failure to comply with applicable laws, rules, regulations, or orders in performance of these Flex+ Terms;
Breach: Client’s Breach of its obligations contained in these Flex+ Terms;
Negligence or Intentional Misconduct: Client’s acts, negligence, intentional misconduct or omissions.
- Client Workers
13.1 Subject to the terms set forth in this Section 13, Clients may choose to invite Client Workers to use the Indeed Flex App for Assignment allocation purposes. By using the Indeed Flex App to request or allow Client Workers (as defined above) to perform an Assignment for Client, Client agrees to the terms set forth in this Section 13.
13.2 Client agrees and acknowledges the following with respect to Client Workers:
13.2.1 Client Workers are employed or otherwise engaged by the Client and are not employees of Indeed Flex. Clients are solely responsible for confirming Client Worker identity and paying Client Workers for their work as required by applicable law. Client is responsible for ensuring timesheets are correct prior to processing payroll. Client agrees to make all necessary deductions for tax and Social Security contributions and, if applicable, the Client shall be responsible for obtaining workers compensation insurance and paying unemployment insurance in an amount and under such terms as required by applicable state law.
13.2.2 Flex is not responsible for any aspects of the work performed by Client Workers. Flex is providing Client Workers with access to the Indeed Flex Platform at the Client’s instruction to facilitate the allocation of Assignments and Client, not Indeed Flex, is responsible for directing and supervising the Client Workers who provide the services. Client agrees that Flex shall not be liable (i) for any claims, costs, expenses, damages, obligations or losses arising from or in connection with the acts or omissions of any Client Worker or (ii) for any indirect, special or consequential damages (including but not limited to loss of profits, interest, earnings or use) whether arising in contract, tort or otherwise. Client shall indemnify Flex and hold it and its Group Companies harmless against and from any such claims made or brought by third-parties, including any and all costs incurred in connection with such claims.
13.2.3 Client agrees and acknowledges that Flex does not make any representation or warranty regarding Client Workers and Flex makes no express or implied warranty, including, but not limited to any warranty of quality, performance, merchantability or fitness for any purpose with respect to any services performed by Client Workers. Flex provides matchmaking and platform services only and Client agrees that Flex has no responsibility for any other aspect of service delivery or interaction between Client Workers and Client.
13.2.4 Client agrees to supply a safe workplace and provide each Client Worker with appropriate on-site health and safety training, as may be required by law or otherwise. This includes but is not limited to providing a workplace free from serious recognized hazards and complying with all standards, rules and regulations issued under the U.S. Occupational Safety and Health Act or by the U.S. Occupational Safety and Health Administration. Additionally, Client agrees to provide and/or ensure the use of personal protective equipment and clothing as required by law or deemed necessary by Flex. Client certifies that its premises comply with all applicable government requirements regarding safe working conditions and that Client Workers will be given any required safety training or information. Client agrees that it shall provide such specialized job training and such general direction as Client deems necessary and appropriate for the proper performance of the work assigned to the Client Worker. Client agrees to and is responsible for resolving disputes with its Client Workers.
13.3 In connection with Client’s engagement of Client Workers through the Indeed Flex+ Platform, Client shall (i) onboard and register Client Workers with the Service; and (ii) procure that, prior to accessing the Indeed Flex+ App, Client Workers expressly accept the terms set forth in Schedule 2 and procure Client Workers compliance with the same.
13.4 Client hereby represents and warrants that, with respect to Client Workers, Client will comply with all applicable local, state and federal laws, regulations, and administrative rules, including any requirements arising under Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Act (42 U.S.C. 2000e, et seq.), the Americans With Disabilities Act as Amended (42 U.S.C. 12101, et seq.), the Age Discrimination in Employment Act (29 U.S.C. 621, et seq.), Occupational Safety and Health Act, and the Fair Labor Standards Act, or any other applicable local, state or federal law, rule, or regulation relating to discrimination, harassment, retaliation or privacy within the workplace (the “Client Worker Employment Laws”). If either Client or Flex receives an allegation that there has been a violation by the other of local, state, or federal law or regulation, including Employment Laws, in relation to the Client Worker’s use of the Flex App or Client;s use of the Service, the receiving Party shall provide a copy of that allegation to the other Party within seven days of receipt. The Parties shall cooperate reasonably with each other in responding to that allegation, including by supplying any information which may be reasonably requested by the other and complying with any reasonable requests in relation to the contents of any response.
13.4.1 Client agrees to defend, indemnify, and hold Flex and its employees, agents, Affiliates, successors, and permitted assigns harmless from and against any claims (including third party claims), demands, liabilities, losses, damages, attorneys’ fees, and expenses of whatever kind arising from or relating to Client’s breach or alleged breach of Clients obligations in this Section 13, including, but not limited to: (1) Employment Claims (as defined herein). “Employment Claims” means any claims by any federal, state, or local governmental agency or any Client Worker arising out of labor- or employment-related violation, or other labor- or employment-related matter (including, without limitation, the employment relationship with Client) with respect to performance under these Flex+ Terms, including claims, charges, and actions arising under Title VII of the Civil Rights Act of 1964, as amended, The Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act as Amended, the Fair Labor Standards Act, the Family and Medical Leave Act, Workers’ Compensation laws, the National Labor Relations Act, and any other applicable laws, including any liability, cause of action, lawsuit, penalty, claim or demand, or administrative proceeding in which Flex is named.
Indeed Flex shall use its reasonable commercial endeavors to ensure that the Indeed Flex+ App and the Indeed Flex+ Platform shall, except for maintenance work as provided below, be available to the Users.
Monday – Friday: 7am –10pm
Saturday: 7am –9pm
Sunday: 8am –6pm
Indeed Flex may also undertake emergency maintenance on the Indeed Flex+ App and/or the Indeed Flex+ Platform during operational hours in the event Indeed Flex is experiencing issues which cause of loss, unavailability or restriction of its functionality or other reasonable situations. Such emergency maintenance may be undertaken at any time without notice to the Client.
Indeed Flex shall respond to the Client in respect of any Incident within a reasonable time frame of being notified of such Incident by the Client in writing during operational hours set out above. Once notified of an Incident in accordance with the notification procedure above, Indeed Flex shall use its reasonable commercial endeavors to remedy any such Incident as soon as reasonably practicable having due regard to the severity of the applicable Incident.
As used in this Schedule, “Incidents” may include a major failure, fault, bug, error, malfunction, virus or Trojan, unauthorized systems access, functionality or process degradation and any other major incidents for which Indeed Flex has a responsibility in accordance with these Flex+ Terms and which materially affect the Client’s or Users’ use of the Indeed Flex+ App or the Indeed Flex+ Platform.
DATA PROTECTION ADDENDUM
DATA PROTECTION ADDENDUM
The following definitions apply to the Data Protection Addendum, unless otherwise specified herein.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with Indeed Flex, Inc. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity;
“Applicable Data Protection Law” means all laws, regulations, and other legal requirements relating to (i) privacy, data security, consumer protection, marketing, promotion, and text messaging, email, and other communications; (ii) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of Personal Data applicable to the processing of Client Personal Data under the Primary Agreement including but not limited to General Data Protection Regulation 2016/679 (“GDPR”), UK Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) 5) and any US state or federal laws or regulations pertaining to the collection, use, disclosure, security or protection of personal data, or to security breach notification, e.g. California Consumer Privacy Act of 2018 (“CCPA”) and California Privacy Rights Act of 2020 (when effective); and binding guidance and / or codes of practice issued by a competent supervisory authority under applicable laws (as defined in the GDPR), or the European Data Protection Board;
ATS Provider means any company with which you have contracted for an applicant tracking system;
“Business”, “Business Purpose”, “Consumer”, “Personal Information”, “Sell”, and “Service Provider” have the meanings given to them in the CCPA;
“Data Controller” , “Process”, “Data Processor”, and “Supervisory Authority” have the meanings given to them in the Applicable Data Protection Law;
“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. The Parties acknowledge and Agree that this definition shall adjust as necessary to include data defined as “Personal Information,” “Personally Identifiable Information,” and similar terms under applicable Data Protection Laws;
“Personal Data Breach” means an actual, confirmed breach of Flex’s technical and organization measures used to protect privacy and security of Client Personal Data that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to such Client Personal Data transmitted, stored or otherwise processed by Flex under the terms of the Agreement;
“Primary Agreement” means the Flex+ Terms;
“Processing” means any operation or set of operations that is performed in relation to Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, restriction, erasure or destruction; and “process” and “processed” shall be construed accordingly;
“User Personal Data” Personal data of Users which is processed by the Client as Data Controller;
13.1 Processing Instructions: Client acknowledges and agrees that Client is the Data Controller of all User Personal Data for the purpose of the Flex+ service and has engaged Flex as a Data Processor to Process User Personal Data for the purposes (a) set forth in this Agreement and any other written agreement between the Parties, (b) directed, actioned, or otherwise specified to Flex through Client’s use of any services subject to these Flex+ Terms, and (c) instructed by Client in any other documented instructions to Flex. In all cases, irrespective of whether Applicable Data Protection Law applies to User Personal Data, Flex will process User Personal Data only on Client’s documented instructions and not for any other purpose, unless specifically instructed by Client in writing or otherwise required or authorized by Applicable Data Protection Law.
13.1.1 For the purpose of these Flex+ Terms:
- The subject matter of Flex’s processing shall be for the purpose of providing the Indeed Flex+ Platform.
- The duration of Flex’s processing shall be the applicable term of these Flex+ Terms.
- The nature and purpose of the processing are limited to the services Flex performs under the Flex+ Terms.
- The categories of Personal Data include any User Personal Data uploaded, provided or otherwise made available to Flex through Client’s use of the Indeed Flex+ Platform.
- The Data Subjects are the Agency Workers and any Client employee information on the Indeed Flex+ Platform.
13.2 Flex Obligations as Processor:
13.2.1 Confidentiality: Flex will ensure that its employees, agents and sub-processors authorized to process User Personal Data have committed themselves to confidentiality.
13.2.2 Data Subject Requests. Taking into account the nature of the processing and the availability of information to it, Flex shall provide commercially reasonable assistance to Client for the fulfillment of Client’s obligation to respond to a request from a User to exercise such individual’s rights under Applicable Data Protection Law.
13.2.3 DPIAs and Prior Consultation. [Reserved.]
13.2.4 Security: [Reserved.].
13.2.5 Subprocessors. [Reserved.]
13.2.6 Transfers. To the extent that Applicable Data Protection Law applies to the processing of User Personal Data, Flex agrees that it will not transfer User Personal Data out of the EEA, or the United Kingdom, to a country that has not been identified by the European Commission or a Supervisory Authority under Data Protection Law as a country that provides an adequate level of data protection except where Flex has ensured appropriate safeguards are in place, such as the Standard Contractual Clauses approved by the European Commission unless otherwise required by applicable law.
13.2.7 Compliance. Flex shall make available to Client information reasonably necessary to demonstrate compliance with the obligations in this Data Protection Addendum.
13.2.8 Notice. In the event that Flex is required by Applicable Data Protection Law to process User Personal Data for any other purpose or in any other manner, Flex shall notify Client of that legal requirement before undertaking such processing, unless that law prohibits such notification on important grounds of public interest. Flex also agrees to notify Client without undue delay if, in Flex’s opinion, an instruction infringes Applicable Data Protection Law.
13.2.9 Termination. On termination or expiry of the Primary Agreement, Flex shall destroy all copies of User Personal Data received and/or processed by it under the Primary Agreement unless otherwise required by applicable law.
13.2.10 Costs. Client shall be responsible for any and all reasonable costs arising from Flex’s provision of assistance in accordance with Sections 13.2.2, 13.2.3 and 13.2.7 of this Agreement.
13.2.11 Survival. Flex acknowledges and agrees that its obligations under this Data Protection Addendum, for whatever reason, shall continue until such time as Flex returns or destroys all copies of User Personal Data in accordance with this Data Protection Addendum.
13.2.12 Conflict. In the event of an express conflict between the terms of this Data Protection Addendum and the terms of the Flex+ Terms or any other written agreement between the parties, the terms of this Data Protection Addendum shall govern solely to the extent of the conflict as necessary to comply with Applicable Data Protection Law.
13.3 California Consumer Privacy Act. To the extent that Client Personal Data includes Personal Data of Consumers and is subject to the CCPA, the following additional terms apply to Flex’s Processing of such Client Personal Data:
- Service Provider: The Parties acknowledge and agree that Client is a Business and Flex is acting as a Service Provider to Client for purposes of all Processing of such Client Personal Data.
- Restrictions: Flex further acknowledges and agrees that it shall not (a) Sell such Client Personal Data, or (b) retain, use, or disclose such Client Personal Data (i) for any purpose other than for the specific Business Purpose of performing the Services or (ii) outside of the direct business relationship established by the Primary Agreement, except in all cases as otherwise required by applicable law or permitted by the CCPA.
- Certification: Flex certifies that it understands and will comply with this Data Protection Addendum.
Terms for Client Worker use of Indeed Flex
(a) Flex is not obligated to make any Assignments available to you and is not obligated to ensure that your Employer offers you Engagements.
(b) Prior to commencement, you may cancel an Engagement (or the first Shift of an Engagement, if multiple Shifts); however, Engagements canceled with less than twenty-four (24) hours notice may subject you to disciplinary consequences (please see Section 9 (“Attendance”).
Confirming and Performing Engagements
(a) For each Shift and/or Engagement you accept, Flex requires you to confirm that you will be attending. All shifts must be confirmed via the Indeed Flex App.
(b) For each Shift and/or Engagement booked more than 48 hours ahead of the scheduled start time, you will receive a reminder notification and be required to confirm via the Indeed Flex App. If you do not confirm your shift more than 24 hours before your scheduled Shift start time you will automatically be removed from the Shift.
(c) By accepting any Shift within 48 hours of the scheduled Shift start time you are deemed to have confirmed your attendance for the Shift.
If you accept an Engagement which you are subsequently unable to attend, you must notify Flex immediately by canceling the Engagement via the Indeed Flex App. If you cancel a Shift or an Engagement less than 24 hours (but more than 30 minutes) before that Shift or Engagement is due to start you will receive a “strike”. If you receive three strikes, Flex reserves the right to suspend your use of the Indeed Flex App.