Last Updated: 12/28/2024
Terms and Conditions
These Terms and Conditions (the "Terms") govern your access to and use of Pejtic (the “Platform”), a service provided by SmartanSys. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Platform.
By creating an account, accessing, or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Platform on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and “you” refers to both you and the entity.
You agree to use the Platform solely for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations. You agree not to:
Violate any laws or regulations in connection with your use of the Platform.
Engage in any activity that interferes with the functioning of the Platform or its underlying infrastructure.
Access or attempt to access the Platform by any means other than through the interface we provide.
Introduce viruses, malware, or other harmful technology into the Platform.
Reverse engineer, decompile, or disassemble the Platform's code.
Account Registration and Security
When you create an account, you agree to provide accurate, current, and complete information as required by the registration process. You are responsible for maintaining the security and confidentiality of your login credentials and for any activities or actions taken under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. We are not liable for any losses or damages arising from unauthorized access to your account.
Data Protection and Privacy
We respect your privacy and are committed to protecting your personal data. When you use the Platform, we collect and process certain information about you and your business, including but not limited to employee and client data. This data is processed in compliance with applicable US data privacy laws, including the California Consumer Privacy Act (CCPA),Oregon Consumer Privacy Act (OCPA) and other relevant privacy regulations.
Data Use: The data you provide is used strictly for the operation of the Platform, such as managing employee records, client projects, and invoicing.
Data Ownership: You retain ownership of all data that you upload or manage within the Platform.
Data Security: We employ industry-standard security measures, such as encryption and firewalls, to protect your data from unauthorized access, use, or disclosure.
Data Sharing: We do not share, sell, or distribute your data to third parties without your explicit consent, unless required by law. For more details, please refer to our Privacy Policy.
By using the Pejtic platform, as an Employee or Job Seeker, you acknowledge and agree to the following terms regarding your data:
Data Collection: We collect personal and professional data that you provide through the platform, including but not limited to your resume, contact details, work experience, skills, and other relevant information.
Data Sharing with Employers: You agree that, by applying for jobs through the Pejtic platform, your personal and professional data may be shared with employers who have posted job opportunities relevant to your profile. This sharing of data will be done solely for the purpose of job applications and recruitment processes.
Consent to Data Sharing: By submitting your application, you provide explicit consent for Smartansys to share your information with the employers that you apply to. Your data will only be shared with the employers or organizations involved in the recruitment process for the position you have expressed interest in.
Employer Access to Data: Employers who receive your information through the Pejtic platform are responsible for handling your data in compliance with applicable privacy laws and regulations. Smartansys is not responsible for how employers use or protect your data once it is shared with them.
Data Security: Smartansys takes reasonable steps to protect your personal information from unauthorized access, use, or disclosure. However, we cannot guarantee complete security, and you acknowledge the potential risks associated with online data sharing.
Withdrawal of Consent: You may choose to withdraw your consent for your data to be shared with employers at any time by updating your settings on the platform. However, please note that if you withdraw consent after applying to a job, your application may no longer be considered by the employer.
**Use of Data by Smartansys: Your data may also be used by Smartansys for platform improvement, analytics, and personalized job recommendations, in accordance with our Privacy Policy.
Retention of Data: Your data will be retained for as long as necessary for the purposes of providing our services, unless you request its deletion or it is required for legal or contractual reasons.
Third-Party Services: The platform may integrate with third-party services, such as external job boards or background check providers. These third parties may also collect and share data in accordance with their privacy policies.
Client and Employee Data Responsibility
As a user of Pejtic, you are responsible for the data you enter and manage within the Platform. This includes any client, employee, and business-related data. The following points outline your responsibilities regarding data usage, storage, and compliance:
Data Accuracy: You are responsible for ensuring that all client and employee data entered into the Platform is accurate, complete, and up-to-date. The integrity of your data is crucial for effective platform functionality and compliance with legal standards.
Data Collection Permissions: You are responsible for ensuring that you have obtained proper consent and legal permissions to collect, store, and manage any client or employee data. This includes compliance with all applicable privacy laws such as GDPR, CCPA, or other regional data protection regulations.
Data Confidentiality: It is your duty to maintain the confidentiality of client and employee data. You must ensure that access to this data within your organization is limited to authorized personnel only, and that no unauthorized individuals gain access to sensitive information.
Data Security: While we provide encryption and other security measures, you are responsible for protecting your account credentials, ensuring that only authorized users access the Platform. Any negligence on your part regarding password sharing or weak security practices can lead to data breaches.
Data Accuracy: You are responsible for ensuring that all client and employee data entered into the Platform is accurate, complete, and up-to-date. The integrity of your data is crucial for effective platform functionality and compliance with legal standards.
Compliance with Data Protection Laws: You must comply with applicable data protection laws, including but not limited to GDPR (General Data Protection Regulation), CCPA (California Consumer Privacy Act), or other relevant legislation. This means you are responsible for notifying your clients and employees about how their data will be used and stored.
Handling of Sensitive Data: If you handle sensitive data (such as personal identification numbers, health data, or financial information), you must ensure that this data is treated in accordance with strict data protection and privacy standards. Any misuse of sensitive information may expose you to legal liability.
Data Accuracy: You are responsible for ensuring that all client and employee data entered into the Platform is accurate, complete, and up-to-date. The integrity of your data is crucial for effective platform functionality and compliance with legal standards.
Data Retention and Deletion: You are responsible for managing the retention and deletion of client and employee data in compliance with legal or contractual obligations. Upon request from a client or employee, you should be prepared to delete or provide access to their personal data in accordance with applicable privacy laws.
Data Exporting and Transfers: If you export or transfer any data from the Platform, it is your responsibility to ensure that such data transfers comply with international and local data protection laws. You must ensure that appropriate safeguards are in place when transferring personal data to third-party services or across country borders.
Breach Notification: In the event of a security breach within your organization that compromises client or employee data, you are responsible for promptly notifying affected individuals and relevant authorities, as required by law. You must also cooperate with us in addressing any security breaches related to the Platform.
Third-Party Data Sharing: If you choose to integrate third-party services with our Platform (such as payment processors or marketing tools), you are responsible for ensuring that these third-party services adhere to the same level of data protection and privacy standards that are applicable to your business.
Audit and Compliance: You are responsible for conducting regular audits of your data handling practices within the Platform to ensure compliance with all applicable laws and regulations. This may include reviewing user access controls, data accuracy, and retention policies.
Employee Consent: For any employee data stored in the Platform, you must ensure that employees have been informed and have provided consent to their data being stored and processed, particularly when storing sensitive personal data like identification numbers, banking details, or performance records.
Legal Responsibility: You are solely responsible for ensuring that your use of client and employee data does not violate any laws or regulations. Any legal consequences arising from misuse or mishandling of data will be your responsibility.
Right to Access: In compliance with privacy laws, you must allow clients and employees to access their personal data stored on the Platform. If requested, you must provide them with the ability to review, update, or delete their information in a timely manner.
Data Backup: While we maintain backups of the Platform’s data for recovery purposes, you are encouraged to maintain your own backups of critical business data. You are responsible for ensuring the availability of your data in case of accidental deletion or other data loss scenarios.
Fees, Payments, and Billing
Certain features of the Platform may be available only through paid subscriptions. By choosing a subscription plan, you agree to pay all applicable fees as outlined in our pricing structure.
Payment Terms: Fees are due at the time of subscription and may be charged on a recurring basis depending on the plan you select.
Billing and Renewals: Subscriptions will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You are responsible for ensuring your payment information is up to date.
Refunds: All payments are non-refundable unless otherwise specified. We reserve the right to modify fees with advance notice to you.
Pejtic™ is a proprietary software product developed by SmartanSys, Inc. and is specifically designed for use within the United States. All rights, including intellectual property rights, are reserved by SmartanSys. No part of the Pejtic™ software, documentation, or associated materials may be reproduced, distributed, or transmitted in any form or by any means, without the prior written permission of SmartanSys, except as permitted under the terms of the applicable license agreement.
Pejtic™ and SmartanSys™ are trademarks of SmartanSys, Inc. All other trademarks, logos, and service marks are the property of their respective owners. This product is intended solely for use by businesses or individuals within the United States of America. Unauthorized use or distribution outside of the United States is prohibited.
License to Use: We grant you a non-exclusive, non-transferable, and revocable license to use the Platform in accordance with these Terms.
Restrictions: You may not copy, reproduce, distribute, modify, or create derivative works based on our intellectual property without prior written consent.
Service Availability and Updates
We strive to ensure the Platform is available at all times. However, we do not guarantee uninterrupted access and reserve the right to make updates, improvements, or maintenance without prior notice.
Planned Downtime: We will make reasonable efforts to provide notice of any planned downtime or updates that may affect your access to the Platform.
Unplanned Interruptions: In the event of an unplanned interruption (such as server failure or security breaches), we will work promptly to restore access and functionality.
Disclaimers and Limitation of Liability
Use at Your Own Risk: The Platform is provided on an "as-is" and "as-available" basis without any warranties of any kind, whether express or implied. We do not warrant that the Platform will be error-free or that it will meet your specific business needs.
Limitation of Liability: In no event shall SmartanSys be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use or inability to use the Platform, even if we have been advised of the possibility of such damages.
You agree to indemnify and hold Smartansys, its affiliates, officers, and employees harmless from any claims, losses, liabilities, damages, and expenses (including legal fees) arising out of:
Your use of the Pejtic Platform.
Your violation of these Terms.
Your infringement of any third-party rights, including intellectual property, privacy, or data protection rights.
We may, at our sole discretion, terminate or suspend your account at any time, with or without cause, and without prior notice, for any violation of these Terms.
You will lose access to your account and all data associated with it.
Any outstanding fees or charges will remain due and payable.
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Jurisdiction. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of [Arbitration Body]. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Jurisdiction.
We reserve the right to modify these Terms at any time. We will notify you of any significant changes by email or through the Platform. Continued use of the Platform following the changes constitutes acceptance of the revised Terms.