Your Acceptance of HERC’s Policies
Purpose of the Website
HERC’s mission is to advance the ability of American higher educational institutions (“member institutions”) to recruit and retain the most diverse and talented workforce and to assist dual career couples. To do so, HERC collaborates with its member institutions to promote awareness of their employment opportunities. HERC focuses on matching educators, academics and academic administrative individuals (“job seekers”) with full-time and part-time teaching, research and administrative career opportunities. HERC, however, makes no guarantee that you will receive a job offer as a result of your use of the Website.
Links to Third Party Websites
The Website includes links to third party websites. Links are provided for your convenience and do not imply endorsement by HERC of any third party site or operator. HERC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, HERC will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve HERC from any and all liability arising from your use of the Website, as well as any third party website.
HERC hereby grants you permission to use the Website as set forth in these Terms and Conditions of Use, provided that you use the Website solely for its intended purpose of increasing diversity in hiring amongst our member institutions and connecting member institutions with people looking for jobs. HERC hereby grants you permission to make copies of any part of the Website in any medium to use for such purposes, provided that you retain the marks and copyright notices on your copy. You must obtain HERC’s prior consent to use any of the content on the Website for any other purpose. In addition, your use of the Website is conditioned upon your complete compliance with these Terms and Conditions of Use.
Accounts, Account Security and User Submissions
If you create an account on the Website, you agree that your account is for your use only. You are not authorized to share access to the Website with any other person or entity. In addition, you are responsible for maintaining the confidentiality of your log in information, including your password. Accordingly, you agree that you will be solely responsible to HERC for all activities that occur using your account, whether authorized by you or not. If you become aware of any breach of security of your account, you must notify HERC immediately at firstname.lastname@example.org.
If you have an account, you have the ability to post materials to the Website or transmit messages to other users of the Website (“User Submissions”). User Submissions may consist, by way of example only, of job listings or messages to other member institutions about an issue (for member institutions), or a resume/CV (for job seekers). All User Submissions must be appropriate for the Website and must comply with these Terms and Conditions of Use. You understand that you will not be paid for use of your User Submissions. You recognize that your User Submissions may be viewed by the public and HERC will not be liable for any use (or misuse) of your User Submissions by any third party. In addition, HERC may refuse to post or remove any User Submission at any time in HERC’s sole discretion.
You understand that HERC reserves the right, in its sole discretion, to terminate your account at any time.
Restrictions on Use
You agree that you will not use the Website:
- To post incomplete, false or inaccurate information;
- To delete or revise material posted by any other person or entity;
- To advertise or offer to sell or buy any goods or services;
- For political campaigning, recruiting votes or soliciting support for legislative or other initiatives;
- To conduct or forward unauthorized surveys, contests, pyramid schemes or chain letters;
- To defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, such as rights of privacy and publicity;
- To publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, harmful, unprofessional, offensive, disruptive or unlawful material;
- To submit any material unless you own the rights or have received all necessary consents;
- To submit any material that contains viruses, corrupted files or any software or programs that may damage the operation of another’s computer;
- To harvest or otherwise collect information about others, including email addresses, without their consent;
- To interfere with or disrupt the integrity or performance of the Website;
- In any way that degrades the Website’s reliability, speed or operation;
- In any way that restricts or inhibits any other user from using and enjoying the Website;
- In any manner that tends to reflect negatively on HERC or the higher education profession;
- In violation of these Terms and Conditions of Use or of any other policy listed on the Website; or
- In violation of any applicable laws or regulations.
Although HERC does not actively monitor, regulate or pre-screen your use of the Website, we reserve the unconditional right (but not the obligation) to remove, move or edit any User Submission that we, in our sole discretion, consider to be in violation of these Terms and Conditions of Use.
HERC has no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities. A user found in violation of these Terms and Conditions of Use may have their account blocked, and, in certain cases, discipline procedures may be initiated.
Intellectual Property Rights
The content on the Website, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to HERC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Website is provided to you AS IS for your information only and the Content and the Marks may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever other than as authorized herein without the prior written consent of the respective owners. HERC reserves all rights not expressly granted in and to the Website, the Content and the Marks. You agree not to engage in the use, copying, or distribution of any of the Content or the Marks other than as expressly permitted herein. If you download or print a copy of the Content for authorized purposes, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted Content or by using the Marks. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
HERC does not claim ownership of your User Submissions. However, by posting, uploading, inputting, providing or submitting your User Submissions, you represent and warrant that you own or otherwise have the rights necessary to do so. You also grant HERC the sublicenseable right to use your User Submissions in connection with HERC’s mission.
You understand that HERC is not responsible for the job opportunities posted by member institutions or for the candidates looking for jobs on the Website and that HERC is not involved in any transactions between members institutions and job seekers. As such, HERC has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of member institutions to offer job opportunities to job seekers or the ability of job seekers to fill job openings. In addition, you understand that there are risks dealing with strangers whom you may meet through use of the Website and you assume all risks associated with your dealings with other users. HERC cannot and does not confirm that each user is who they claim to be.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HERC AND THE TIDES CENTER AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. HERC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THe WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OR FROM THe WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. HERC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, OR FOR ANY EMPLOYMENT OPPORTUNITY LISTED ON THE WEBSITE, OR ANY JOB APPLICANT USING THE WEBSITE, AND HERC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
Limitation of Liability
IN NO EVENT SHALL HERC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ORGANIZATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE MAXIMUM AMOUNT OF DAMAGES ATTRIBUTABLE TO HERC RELATING TO THIS WEBSITE SHALL BE ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HERC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
By using the Website, you agree to release HERC and the Tides Center, and each of their officers, directors, employees and agents, from any liability arising from User Submissions posted by others. In addition, you agree to indemnify, defend and hold harmless HERC and the Tides Center, and each of their officers, directors, employees and agents from any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third party right or any law, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submission violates these Terms and Conditions of Use, including any third party right or any law. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Website.
These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HERC without restriction.
Ability to Accept Terms and Conditions of Use
You affirm that you have reached the age of majority in your jurisdiction or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use.
Information We Collect
Information You Provide To Us
We collect information about you when you provide that information to us, for example, when you create an account on the Website, when you send a message to other users, or when you post a job listing (for member institutions) or submit a resume/CV (for job seekers). The kinds of information we may collect include your first and last name, your email address, password, your company or organization name, your title and any other information you choose to provide to us in connection with your use of the Website. Sometimes you provide the information to a trusted third party vendor on our behalf instead of directly to us, but that vendor uses your information only for the purpose for which it was provided.
Information that Is Passively or Automatically Collected
When you visit the Website, we may automatically receive and record information from your computer or mobile device. This information allows us to understand how people are navigating and using our Website, and how we can improve your experience based on the information we collect. The types of information we may collect include your IP address, browser type, browser language, operating system, state or country from which you accessed the Website, software and hardware attributes (including device IDs), referring and exit pages and URLs, platform type, the number of clicks, files you download, pages viewed, the amount of time spent on particular pages, the date and time you used the Website, error logs and other similar information. From your IP address, we may be able to infer your general location (e.g., city and state or postal code).
We may use third-party analytics providers and technologies, such as web server logs, cookies and tracking pixels, to help us collect the data described above. We use the term “cookie” in the broad sense to include all similar techniques and technologies. A cookie is a small text file that is placed on your computer or device when you visit a website that stores certain information about your website usage. For example, cookies enable us to recognize your computer; store your preferences and settings; enhance your user experience by delivering content specific to your interests; perform searches and analytics; and assist with security administrative functions.
Temporary cookies will be stored on your computer or device only during a particular browsing session. In contrast, permanent cookies survive after your browser is closed and may remain for between 24 hours and three years.
You can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Microsoft Edge; Google Chrome; Mozilla Firefox; or Apple Safari). Cookies do not, under any circumstances, read the data from your computer, and you can delete them at any time.
How We Use Your Information
We may use the information we collect for the purposes for which you provided it, as well as:
- To provide you access to the Website by recognizing and authenticating you on the Website.
- To maintain and improve the Website, including:
- To provide the features and services available through the Website;
- To improve the content and features of the Website or to develop new services;
- To administer and troubleshoot the Website.
- To contact you, including:
- To send you information about your account and your relationship with us;
- To contact you with information that we believe may be of interest to you;
- To process and respond to your inquiries or to request your feedback.
- For internal research and reporting.
- To comply with laws and regulations for our legitimate interests or the legitimate interests of others.
We may also aggregate or de-identify information we collect from you so that it is no longer linked to you or your computer or device. We may, in our sole discretion, use such aggregated and de-identified information for any purpose and may share such information with third parties.
When We Disclose Your Information
We may disclose and/or share your information to or with third parties under the following circumstances:
- Consent. We may disclose your information to third parties with your consent.
- Service Providers. We may provide access to or share your information with select third parties that perform services on our behalf. These providers use the information for the purpose it was shared.
- With Job Seekers. We will share some information of member institutions with job seekers in connection with member institutions’ posting of job listings.
- With Member Institutions. We will share some information of job seekers with potential employers when you respond to job postings. (Note, member institutions cannot view information about a job seeker without permission from the job seeker. Job seekers must voluntarily and intentionally release information to potential employers.)
- With Entities With Whom We Collaborate. If you register for a HERC event (whether directly on our site or through a third party vendor’s site, for example, gotomeeting.com or gotowebinar.com), we may share your registration information with the entity, if any, with whom we collaborated for the particular event.
- to comply with legal process;
- to enforce this Policy, including investigation of potential violations thereof;
- to respond to your requests for customer service; and/or
- to protect the rights, property, or personal safety of HERC, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
- Aggregated Data. We may share aggregated and de-identified information.
- Organizational Transfers. As we continue to develop our organization, we may acquire, merge or partner with other organizations. In such transactions (including in contemplation of such transactions, e.g., due diligence) user information may be among the transferred assets. If any of HERC’s assets are sold or transferred to a third party, information collected through the Website would likely be one of the transferred business assets.
How We Protect Your Information
We have implemented administrative, technical, and physical security measures to protect against the loss, misuse, and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information because, despite our efforts, no Internet and/or other electronic transmissions can be completely secure.
Legal Basis for Processing Personal Data
The laws in some jurisdictions require that website operators tell you about the legal grounds they rely on to use or disclose your information. To the extent those laws apply, our legal grounds for processing your information are as follows:
- Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our Website; to provide the services we provide through our Website; to defend our legal rights; to analyze the use of our Website; to improve our services);
- Where we have a reason to process the information in accordance with applicable law;
- Where we have your consent to engage in a particular type of processing activity.
We may use third-party web analytics services (such as those of Google Analytics) in connection with our Services to collect and analyze the information discussed above, and to engage in auditing, research or reporting. The information (including your IP address) collected by various analytics technologies described in the “Information that Is Passively or Automatically Collected” section will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Website, including by noting the third party website from which you arrive, analyzing usage trends, assisting with fraud prevention, and providing certain features to you. Information about how Google uses information collected from sites that use its services is located here. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
If you receive an email from us, we may use certain analytics tools, such as clear GIFs, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to assess the effectiveness of our communications and marketing campaigns to help us grow.
Retention of Your Information
Your Rights and Your Choices
Individuals in the European Economic Area and other jurisdictions have certain legal rights with respect to their information. They can request that we (i) provide access to and/or a copy of certain information that HERC holds about them, (ii) update information that is incorrect, (iii) delete certain information that we hold about them, (iv) restrict the way we process and disclose certain information, and (v) revoke consent for the processing of their information. To exercise these rights, please email us at email@example.com with the nature of your request. We will consider all requests and will provide a response within the time period set by applicable law.
Our computer systems are based in the United States, and your information will be processed in the United States, which may not offer the same level of protection as the privacy laws of your jurisdiction.
The Website is not intended for children under the age of 16. If we become aware that we have collected information from children under the age of 16, we will take reasonable steps to delete it as soon as practicable.
Third-Party Links and Websites
Your California Privacy Rights
California law permits visitors who are California residents to request certain information once per year regarding our disclosure of “personal information” (as that term is defined under applicable California law) to third parties for such third parties’ direct marketing purposes. HERC does not share your personal information with third parties for their direct marketing purposes.
Notice Concerning Do-Not-Track Signals
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. You can learn more about Do Not Track here.
Being Removed from Our Lists
If you wish to stop receiving marketing emails, please email firstname.lastname@example.org or click the unsubscribe link in the footer of an email from us. When you unsubscribe from marketing communications we will retain some basic data, including your email and phone number (if provided), so we know not to contact you. If you want your data completely erased, please indicate so by e-mailing email@example.com. Erasing your data may result in unsolicited communications in the future because you will no longer be in our system.
Last Updated: January 26, 2021