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TERMS AND CONDITIONS

WELCOME TO TALENTCHEK!!

Read the following Terms of Use / Terms and Conditions carefully as it sets out the terms of a legally binding agreement between you and Talent Factori Private Limited ("Talent Factori" or "TalentChek" or "Company", "We", "Our", or "Us") Talent Chek is an unit of Talent Factori has its own separate identity but we may sometimes use "Talent Factori", "Company", "we" or "us" when we refer to Talent Chek in general.

Terms of Usage

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These Terms of Use / Terms and Conditions ("Terms") govern your access to and your use of our services, including our websites, SMS, Application programming interface (API), email notifications, applications, buttons, widgets, ads, mobile applications, features, technologies and software and our other related and covered services as well. Brands under Talent Factori include but not limited to, Talent Chek and any other brand launched. The content offered through website www.talentchek.com and/or the TalentFactori Applications available on Android as well as iOS and Talent Chek Social Media presence (including but not limited to Twitter, YouTube, Facebook, Instagram, etc.) (Hereinafter collectively referred to "Talent Factori Site/App/Platform") or any mobile or Internet connected device or otherwise and any services offered by the Company (collectively, the "Service"). By accessing the Talent Chek Site/App/Platform or using the Service, you agree to be bound by these Terms. Therefore, these Terms are to be read carefully before continuing to use the Service. If you do not agree with any of these Terms, please do not use the Site/App/Platform or Service.


You also acknowledge and agree that we can modify this Agreement at anytime, in our sole discretion; that all modifications to this Agreement will be effective immediately upon our posting of the modifications on this TalentChek Site/App/Platform; and that you will review this Agreement each time you access this TalentChek Site/App/Platform, so that you are aware of and agree to any and all modifications made to this Agreement. Your use of the TalentChek Site/App/Platform after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.


Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the Talent Chek. Supplemental terms are in addition to, and shall be deemed a part of the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.


"User" or "You" means any person who accesses or avails this Service of the Company for the purpose of hosting, publishing, sharing, transacting, displaying, interacting, considering or uploading information or views and includes other persons jointly participating in using the Site/App/Platform or Service of the Company.


Collectively, we refer to the Terms and Conditions, and the Privacy Policy as the "Agreement". The Agreement is a binding contract between You and Company regarding your use of TalentChek Site/App/Platform.

Collection and Storage of Personal Data

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Personal Data is any data relating to identify or identifiable natural person (Personal Data). Before collecting and processing your Personal Data, TalentChek takes your explicit consent. By agreeing to this Privacy Policy, you confirm that you agree to the collection, usage, sharing, transfer, storing and processing of your Personal Data in accordance with this policy.


We may collect, process, use, store, maintain and transfer different kinds of Personal Data about you which we have grouped together as follows:

  • Personal Data that may be collected includes name, company name(s), e-mail address, and telephone number(s). Such Personal Data is stored with us and may be collected and processed in one or more databases maintained directly by Talent Chek.

  • TalentChek collects Personal Data about the candidates interested in our recruitment drives/Job portal. To know how we manage their Personal Data, please visit our privacy policy

  • In addition to Personal Data that you choose to submit to us, we may also collect Technical information which may include internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

  • Marketing and Communications Data includes your preferences in receiving marketing services from us and our third parties and your communication preferences.

  • We do not collect any Sensitive/ Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) through our website. Please do not share such information on our website form or email id shared on website.

  • We do not encourage you to share your Personal Data in comments section of our social media platforms. Social media sites may have their own privacy policies explaining how they use and share your Personal Data.TalentChek's website privacy policy is also applicable to your Personal Data collected through TalentChek’s social media pages.

  • We may also collect your Personal Data through HR events, Job Fairs, forums etc. This privacy policy is applicable to data collected through these sources also


    • TalentChek is committed to protecting your Personal Data. TalentChek has the following appropriate technical and organizational information security measures in line with the international standards-


    Any Personal Data/ Sensitive data is classified as confidential as per TalentChek information classification policy.

  • Risk Assessment - Risk assessment activity is conducted periodically and based on the impact assessment, required security controls are identified and implemented to protect Personal Data.

  • Personnel Security - All employees are background verified prior to sharing the Personal Data with them. Confidentiality agreement and Acceptable use policy are signed with all employees. Awareness training based on data privacy, data security and data privacy incident reporting procedure is conducted periodically. For TalentChek’s third party service providers, background verification is also conducted along with signing the agreement including data privacy or data security obligations, NDA and Code of conduct.

    • IT Controls -

  • Systems & Network Security controls are applied such as System Hardening, Patch Management, VPN Connectivity, Firewall, Intrusion Detection and Prevention System, Patch Management, End Point Protection, Anti-virus, Data Leak Prevention, VAPT of systems, servers, applications, networking devices and applications and Log Management.

  • Communication Security controls such as Encryption (Data at rest and transit, SSL/TLS, SSH, Message digest)

  • Application security practices including secure SDLC process, security scanning and IP based restriction. Other data security and access management practices are as per controls described in this section.

  • Access Management controls such as access role-based access, password protection, multi-factor authentication and principle of least privileges.

  • Masking of personal data wherever not needed. Periodic and need basis access review and reconciliation.

  • Log Management -Logs are stored at secure place. All accesses to the applications are logged in a secure platform and/or application specific database down to the activity level.

  • Business Continuity is ensured through highly resilient and redundant architecture, regular and systematic backups for all business-critical applications and servers as per the defined frequencies. Periodic testing of business continuity & disaster recovery plans is conducted, and continual improvement actions are taken.

    • Physical Security Controls -

  • TalentChek's premises are protected 24/7 through security guards to restrict any unauthorized entry.

  • Visitor management process and Material In/Out process is implemented.

  • Biometric device is in place to capture the entry of employees and registered is maintained for all visitors. Reconciliation is done periodically.

  • There is 24/7 CCTV monitoring. Restricted areas are labeled, and entry is allowed for only authorized users.

  • There is 24/7 Power back up to support smooth functioning of the facilities. Preventive maintenance is done for support equipment. Facility temperature is maintained with air conditioners. Fire Detection & Prevention system is implemented.

  • Emergency Response Team (ERT) members are assigned to each working floor to ensure the timely evacuation in case of emergency. Considering the data center security, we have water leakage alarm, rodent repellent system implemented in place, humidity & temperature monitoring mechanism, separate visitor registers for restricted area, and inventory movement register in place.

    • Incident Management Process

  • Though TalentChek has the best possible controls to protect privacy of your Personal Data, there is an incident management policy and procedure implemented to address any security incidents/privacy breach. Incidents are reported, recorded, investigated, and responded with the corrective action plan in a timely manner. There is a mechanism to notify the impacted clients (if applicable) who must further notify the respective individual/s.

    • Disclaimer

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    This TalentChek Site/App/Platform is provided on an "as is" and "where-is" basis, without any warranty. TalentChek, for itself and any third party providing materials, services, or content to this Site/App, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third party rights, with respect to the Talent Chek Site/App/Platform, the information or any products or services to which the information refers. Talent Chek or its affiliates including the directors, officers, employees or agents will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the TalentChek Site/App/Platform, including but not limited to, your use of this Site/App or your inability to use the Site/App, even if Talent Chek has previously been advised of the possibility of such damages.


    Subject to your compliance with this Agreement's terms, the Company grants you a non-exclusive, non-transferable license to use the TalentChek Site/App/Platform


    Talent Factori/TalentChek in accordance with our Privacy Policy will use all information received by us from your registration on our TalentChek Site/App/Platform. We expect you to provide accurate and complete information of the compulsory fields. We also expect you to keep the information secure, specifically access passwords and payment information. Kindly update the information periodically to keep your account relevant. We will rely on any information which you provide to us. Therefore, You are responsible for the use of Service made by You or anyone else using your ID and for preventing unauthorized use of your ID. It is your responsibility that the user of the TalentChek Site/App/Platform at all times uses the username and password appropriately. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify TalentChek immediately by e-mailing us.


    You may use the Services only if you agree to form a binding contract with TalentChek and are not a person barred from receiving services under the laws of the applicable jurisdiction. If You are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.


    TalentChek undertakes to act in good faith with respect to each other's rights under these Terms and to adopt all reasonable measures to ensure the realization of the objectives of the same.


    You hereby represent and warrant that You are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that You agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the Company, they shall do so only with the full responsibility and involvement & guidance of their parents and / or legal guardians, under such Parent/Legal guardian's registered account.

    Dispute Management

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  • All disagreements arising in connection with this Agreement ("Disagreement") or the terms thereof; shall be initially referred to in writing for mediation to the Authorized Representatives of Each Party, which shall be nominated by both the If any "Disagreement" remains unresolved for twenty (20) days from the initial referral, either Party may request a further reconciliation between two Senior Represenatives (one each of both the Parties) within a further ten (10) days.

  • The location of any Disagreement by way of mediation and reconciliation shall be held at the offices of Talent Factori if not its legal representatives

  • In case the best efforts, at mediation and reconciliation fail, then, the Parties shall be at liberty to commence Arbitration proceedings under the Arbitration and Conciliation Act, 1996 as amended from time to time in India. The number of arbitrators shall be one who shall be a legal professional of more than five years' experience and also shall have served as an arbitrator at least two times prior to their service as an arbitrator in this arbitration. The arbitrator shall be a neutral third party, mutually decided by both the Parties. The seat, or legal place, of arbitration shall be Chennai, India. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive laws of India.

    • Privacy Policy

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    We at Talent respect the privacy of everyone who visits this TalentChek Site/App/Platform and are committed to maintain the privacy and security of the personal information of all visitors to this TalentChek Site/App/Platform. Our policy on the collection and use of personal information and other information will be governed by Privacy Policy of the Company in place.


    We at TalentChek will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreements that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.

  • We aim to keep our information about you as accurate as possible. If you have any questions about these Terms and Conditions or the TalentChek Site/App/Platform, please contact us at support@talentchek.com with the Subject of the email: USER Name and Terms and Conditions

    • Website: www.talentchek.com


    We will retain your Personal Data as long as necessary for the fulfillment of the purposes set out for which it was collected or as required under the applicable laws and regulations.

    EU standards

    If you are an EU (European Union) subject, you have the following rights with respect to your Personal Data that we process, subject to conditions and restrictions set out in the applicable laws:

    • To learn whether your Personal Data is processed by us and to request a copy of your Personal Data and information relating to the processing of your Personal Data

    • To request the correction of any inaccurate or incomplete Personal Data

    • To request the erasure of your Personal Data or the restriction of the processing of your Personal Data

    • To object to our processing of your Personal Data

    • To withdraw the consent, you have given

    • To lodge a complaint with the applicable regulatory/ supervisory authority

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    CONSENT FORM

    AUTHORISATION FOR RELEASE OF INFORMATION FOR VERIFICATION/FEEDBACK PURPOSES

    I {{register.firstName}} hereby understand and acknowledge that Talent Chek which is part of Talent Factori Private Limited (hereinafter referred as Talent Chek) shall be rendering verification/feedback services to the Requestor as offered in the user agreement. The services to be rendered by the Talent Chek shall include package, as selected by the requestor, while placing the order on the website and I have been explained about such services proposed to be undertaken by the requestor. The purpose of this express and willful consent is well explained to me in the language known to me by the Requestor and I hereby fully authorize the Talent Chek to hold access and use the Verification Data in perpetuity to perform its services as it deems necessary.


    I hereby authorize Talent Chek and its designated agents and representatives to maintain and collect a comprehensive review of my background and to provide a report to the Requestor for my employment (present/past), financial, commercial, matrimonial, criminal, drug history and professional background verification, may or may not include additional information, depending upon the package selected and number of checks to be undertaken, by the Talent Chek on the request of Requestor, including but not limited to tenure, employment, remuneration, education, address, marital, professional, financial, commercial, creditworthiness or any other information obtained from past employers/suggested references/any other sources as may be deemed fit, to whom I may or may not have provided any consent to share such information / Feedback with Talent Chek etc.


    I understand and agree that Talent Chek is relying on the information provided to it by my past employers / relevant sources and is not responsible or liable for accuracy or completeness of the information provided to it from such sources.


    I understand and confirm that Talent Chek may share its feedback/verification report(s) with the Requestor or otherwise for a fee, upon receipt of my information/details through this consent/authorization/Registration by electronic message or otherwise; and that the Talent Chek may retain the information contained in the said feedback/verification report and any update thereto without any restrictions, reservation or expiration. I also understand and agree that Talent Chek may use my information/details to review and analyze market trends or other research and study work and prepare a database, publish the same and for any other business purpose as may be deemed fit by the Talent Chek.


    I understand that my information/details may be collected, stored, retained or processed anywhere in the world and not necessarily within the jurisdiction of the country where I currently reside, or where I was or am temporarily located, and have no objection for the same.


    I confirm that when I share my information with Requestor, it is solely at my discretion and that I have satisfied myself of the credentials of the Requestor, as provided by the Requestor, and take complete responsibility of the same and I am fully and completely responsible for permitting my employer /references/sources (present/past) to share the information with the Talent Chek and for authorizing Requestor to request and obtain my feedback/report from Talent Chek. I recognize and acknowledge that the accuracy, validity or completeness of the feedback/report provided by Talent Chek is not guaranteed and I hereby release Talent Factori Private Limited, Talent Chek and its joint venture, parent, sister, affiliated companies, successors and assigns and its and their directors, officers, agents, employees and independent contractors (collectively,"Talent Chek's Affiliates") from any liability for any negligence in connection with the preparation of the Report and from any loss, damages, expenses, costs or obligations of any kind and nature whatsoever suffered by me resulting directly or indirectly from the inaccuracy, invalidity or incompleteness of the Report.


    I understand and confirm that the Talent Chek's Affiliates are not responsible for any losses which I may incur or any damages which may arise as a result of the feedback/verification report carried out by the Talent Chek on the basis of my information/details either provided by me directly or through any third person as my Requestor or by any person illegally representing as my Requestor or for permitting my former or current employer to share the information with Talent Chek or my information not being correct.


    I hereby authorize the complete release of these records or data pertaining to me which an individual, company, firm, corporation, or public agency may have. I authorize the full release of the information described above, without any reservation, through all the details to show my complete profile with Feedback and ratings. I hereby release Talent Chek and its agents, officials, representatives, or assigned agencies, including officers, employees, or related personnel both individually and collectively, from any and all liability for damage s of whatever kind, which may at any time, result to me, my heirs, family or associates because of compliance with this authorization and request to relapse. I certify that all information provided below and attached document is correct to the best of my knowledge. Any false statements provided in this form and attached document will be considered just cause for the termination of employment at any time.


    I further agree, consent and accept that terms of this form has been well explained to me by the requestor, in language know to me, and I have understood the same and hereby executing this consent voluntarily thereto.