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HomeMy WebLinkAboutContract 50649 Linkedin Pricing Valid Through:May 11,2018 1000 West Maude Avenue Sunnyvale,CA 94085 Proposed by: nn J Phone:650.687.3600 CITY SECRETARY Terrance Dixon Fax:1.650.429.2122 C NO (0 LVI tdixon@linkedin.com Cf+ 0,91 F^ www.linkedin.comCC � vT,N• r ��'Yp/�'o>>?pV jF� j� /? 9T CONTRACT CONTACT:Deborah Duke `n SFCq�"q �Qa 8 r Sold'14 omer Fort Worth Public Library BILL TO: Please review the below Billing details and edit if necessary. ORDER INFORMATION Bill To Doing Business As: Contact: Deborah Duke Fort Worth Public Library Contract k: CS2732862-16 500 W 3rd St Billing Period: Annually Upfront Address: Billing Method: Invoice Billing Instructions: City/State/Zip: Fort Worth TX 76102-7333 Country: United States For Internal Only: Email: dduke@fortworthlibrary.org Phone: (817)392-7725 Type: New Business By initialing here,I agree that the Billing details are current and accurate. Rep Region: LDC-NA-US-XXX6-GVED-SNL-HY Agency Name: SHIP TO:Fort Worth Public Library Currency: USD Ship To Doing Business As: 500 W 3rd St Contract Start Date':May 14,2018 Contract End Date:May 13,2019 Fort Worth,TX 76102-7333 —The start date of the services an this Order Form will be the later of the Contract Start United States Date or the date that the Order Farm is fully executed" Product Order Description Product Name:lyndaLibrary 100 12 $27,500.00 $27,500.00 Product SKU: LLBXX01-1605 Product Description:Lynda for library customers(English content only). Includes one master admin complimentary user. SUB TOTAL $27,500.00 ESTIMATED TAX* $0.00 ESTIMATED $27,500.00 ORDERTOTAL PURCHASE-ORDER Our records INDICATE that a Purchase Order Number may NOT be required for this order. Check here if your company is tax exempt: Please attach any/all exemption certifications or email documentation to taxinquiry@linkedin.com. If a Purchase Order IS required,please enter the PO Number: Your order will be taxed using the applicable tax rate for your shipping address.The tax listed on your order By initialing here,I confirm that a Purchase Order number is NOT required,or if a form is only an estimate and is calculated on the net price.Your invoice will reflect the final total taxes in Purchase Order Number is listed ABOVE I confirm that it is current and accurate. effect at the time of invoicing and may differ from the amount listed on this order form. Please attach PO For customers located in AZ,CO,CT,F4 HI,Il IN,MA,MN,NE,NM,NJ,NY,NC,OH,PA,TN,TX,UT,Vr,WA and WI,Unkedin may be required to charge sales tax on your order pursuant to certain state and local sales PAYMENTOPTIONS tax laws.Any applicable sales tax charges will appear separately on your final invoice.For customers located Customer Payment Terms:10 Days in other states,your state and/or local government may require you to report your purchase and pay USA Customers:Check,Credit Card,or Bank Wire Transfer appropriate sales and/or use tax amounts to them directly. Non-JUS Customers:Credit Card or Bank Wire Transfer only •Linkedin services provided under this Order Form are govemed by the Linkedin Subscription Agreement available at h"ps://Iegal.linkedin.wm/Isa/public-sector("LSA"),the terms of which are incorporated into this Order Form.The Service Terms available at https:/Aegal.linkedin.com/service-specific-terms apply to Customer to the extent the specific Service is included in this Order Form,the terms of which are incorporated into this Order Form. •Except as provided in the ISA,Services purchased under this Order Form are non-cancelable and non-refundable. Linkedin Confidential and Proprietary OFFICIAL RECORD 1 Rev.September 2016 CITY 31CRIETARY FT.WORTNI TX •Future orders will be at list price(including any applicable volume-based discounts)at the time of purchase. •Add-on orders must co-term with the originating order. •Customer will maintain complete and accurate billing and contact information with Linkedln and will notify Linkedln of any inaccuracies on an invoice within the time period set forth in the Payment Terms section above. I HEREBY REPRESENT THAT:(1)1 AM AN AUTHORIZED SIGNATORY FOR CUSTOMER;(1l)1 HAVE READ AND AGREED TO THE TERMS OF THIS ORDER FORM;AND(III)BY SIGNING THIS ORDER FORM,I AM ENTERING INTO A LEGALLY BINDING CONTRACT. CUSTOMER • F AGENCY) Linkedin Corporation Signature: Signature: Name: Name: ( SIA Title: Title: 1. Date: Date: 3 / Linkedln Confidential and Proprietary 2 Rev.September 2016 • Future orders will beat list price (including any applicable volume -based discounts) at the time of purchase. • Addvn orders must co -term with the originating order. • Customer will maintain complete and accurate billing and contact information with Linkedln and will notify Linkedln of any inaccuracies on an invoice within the time period set forth in the Payment Terms section above. I HEREBY REPRESENT THAT: (1)1 AM AN AUTHORIZED SIGNATORY FOR CUSTOMER; )11) 1 HAVE READ AND AGREED TO THE TERMS OF THIS ORDER FORM; AND (III) BY SIGNING THIS ORDER FORM, I AM ENTERING INTO A LEGALLY BINDING CONTRACT. Signature: Name: -5— Title: ,JJJ/� 7+�G�•'jL-1 l `•-Y/' ��.ci� I'L- —1 e(/ Date: Linkedln Confidential and Proprietary Rev. September 2016 Signature: Name: Title: PY Ilt Li b.C`i�l•.7W... �7 Date: 3 /,s-/ t Linked LINKEDIN SUBSCRIPTION AGREEMENT This Linkedln Subscription Agreement ("LSA"), governs any ordering document executed by the customer identified in that ordering document ("Customer") and the Linkedln company identified in that ordering document ("Linkedln"). This LSA, the applicable ordering document,and any other incorporated terms,comprise the complete understanding between the parties on the subject matter("Agreement"). This LSA is designed to address the unique concerns of a Public Sector Entity and is not applicable to private entities. "Public Sector Entity"means any federal,state,or local government unit,agency,political subdivision or instrumentality.If Customer is not a Public Sector Entity, then Linkedln's standard terms and conditions located at: http://business.linkedin.com/Isa will supersede this LSA and govern all ordering documents between the parties. 1. ORDERING 1.1. Ordering Services.Customer may access and use the subscription and advertising services offered via Linkedln's websites to the extent and for the term stated in the ordering document ("Services"). Customer may allow its Affiliate to order Services under the terms of this LSA only if Customer informs Linkedln in writing of the specific Affiliate authorized to do so.That authorized Affiliate will be (a) deemed a "Customer" for that order only; and (b)jointly and severally liable with Customer for its use of the Services and compliance with the Agreement. "Affiliate" means an entity that controls, is controlled by,or is under common control with,a party. 1.2. Payment and Taxes. Customer will pay the fees for the Services in accordance with the payment terms stated in the ordering document. For Services that require payment by credit card, Linkedln will charge Customer's credit card upon receipt of the credit card information and upon renewals. Customer's purchases are non-cancelable and payment for Services is non-refundable,except as otherwise stated in this LSA.Customer will pay or reimburse Linkedln for all federal, state,and local taxes,including sales,use,gross receipts,VAT,levy,GST,or similar transaction taxes imposed on Customer's purchase of Services, unless Customer provides Linkedln with a valid tax exemption certificate. All taxes payable by Customer will be separately stated and exclusive of the fees. Customer will have no liability for taxes that are statutorily imposed on Linkedln,including taxes or fees measured by Linkedln's net or gross income. 2. RESPONSIBILITIES 2.1. Use of Services.Customer will use the Services solely for its intended purpose,and as outlined in Linkedln's service-specific terms https://Iegal.linkedin.com/service-specific-terms("Service Terms"). Unless otherwise stated in the Agreement, only Customer-designated employees and contractors are authorized to use the Services ("Customer User") and must be a Member when accessing Services through linkedln.com.A"Member"is an individual who signs-up to use Linkedln's services under Linkedln's user agreement, currently available at https://www.linkedin.com/legal/user-agreement, as amended by Linkedln from time to time("User Agreement").The terms of the User Agreement are incorporated into this LSA.Customer will ensure that Customer Users comply with the User Agreement when using the Service in a non-personal capacity.Customer may only use the Services for Customer's internal use. Customer will not provide access to the Services to any third party, except that Customer may allow its Affiliates to access and use the Services if Customer is fully liable for its Affiliates'use of the Services and compliance with the Agreement. Customer will notify Linkedln immediately upon learning of any unauthorized use of the Services or any other breach of security related to the Services. Customer may use information about Members that it collects in connection with its use of the Services only as needed for use of the Services and as expressly permitted in this LSA. Linkedln may communicate to Customer Users about the Services,including how to use the Services. 2.2.Provision of Services.Customer is responsible for providing Linkedln with the information necessary for Linkedln to provide the Services. Customer is solely responsible for the accuracy, quality and legality of such information. If a Service must integrate with third-party systems or applications used by Customer(e.g.an applicant tracking system,"ATS"or a customer relationship management system,"CRM"),Customer is solely responsible for the integration and related activities.Linkedln disclaims any and all liability for the use of third-party systems or applications residing outside Linkedln's systems. Linkedln Confidential and Proprietary 1 Last Updated:November 9,2017/Public sector Apttus No.70439.0 2.3. Data Protection.If either party processes Personal Data(as defined in Section 1 of the DPA)on behalf of the other pursuant to this Agreement, then Linkedln and Customer will comply with the terms of the Linkedln Data Processing Agreement, currently available at https://Iegal.linkedin.com/dpa("DPA"),the terms of which are incorporated into this LSA. 2.4.Compliance with Laws.The parties will comply with all applicable Data Protection Requirements(as defined in Section 1 of the DPA)and all international, federal, state, provincial and local laws relating to (a) corruption practice, bribery, and acts contrary to the public administration including the US Foreign Corrupt Practices Act of 1977,15 U.S.C.§78dd-1,et seq.;and (b)discrimination against employees or job applicants based on race, color, religion, sex, national origin,veteran status or disability. Linkedln is enrolled in the U.S. Department of Homeland Security's E-Verify program regarding the immigration and employment eligibility of newly hired employees. 3. CONFIDENTIAL INFORMATION 3.1 Definition."Confidential Information"means any information disclosed under the Agreement that(a)if tangible,is clearly marked as "Confidential" or with a similar designation; (b) if intangible, is identified as "Confidential" by discloser at the time of disclosure and confirmed in writing to recipient as being Confidential Information; or (c) from the relevant circumstances should reasonably be known by recipient to be confidential (e.g. pricing, non-public Personal Data, etc.). Confidential Information does not include any portion of the information that recipient can prove(a)was rightfully known to recipient before receipt from discloser;(b)was generally known to the public on the Effective Date;(c)becomes generally known to the public after the Effective Date,through no fault of recipient;(d)was received by recipient from a third party without any confidentiality obligation; or(e) was independently developed by recipient without breach of this section 3. For Customers located in the United States, Linkedln acknowledges that Customer is subject to certain mandatory disclosure requirements under applicable federal and state freedom of information laws, including the Freedom of Information Act, 5 U.S.C. § 552, et seq., as amended. For all other Customers, Linkedln acknowledges that Customer is subject to certain mandatory disclosure requirements under applicable freedom of information laws in Customer's home jurisdiction.Customer acknowledges that certain information provided by Linkedln during the performance of this Agreement may contain trade secrets and confidential commercial or financial information exempt from the mandatory disclosure requirements under applicable freedom of information laws. 3.2 Limited Use and Non-Disclosure. Recipient will (a) use Confidential Information only for the purposes of furthering the business relationship between the parties; (b) protect Confidential Information using the same degree of care it uses to protect its own confidential information of a like nature, but in no event less than a reasonable degree of care; (c) not disclose Confidential Information to any third party except(1)to Affiliates or employees,students,consultants,and agents who (i) have a need to know it in order to carry out their obligations under the Agreement, and (ii) are under written confidentiality and non-use obligations at least as restrictive as those stated in this LSA or(2)as required by law; and (d) not modify, reverse engineer, decompile, create other works from, or disassemble any Confidential Information, to the extent applicable,unless authorized in writing by discloser. 4. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP. No right, title or interest in any intellectual property right transfers to the other party,except for the limited rights stated in the Agreement.Customer is not obligated to provide Linkedln or its Affiliates with any suggestions, enhancement requests, or other feedback about the Services or related technology. However, if Customer does provide any feedback to Linkedln, Linkedln may use and modify it without any restriction or payment. 5. TERM AND TERMINATION 5.1. Term.This LSA is effective on the date the first ordering document is executed by Customer and Linkedln("Effective Date") and remains in effect for one year from the date signed by both parties.The LSA may be renewed four(4)additional years. Customer will send its standard Contract Renewal Notice, which includes the terms of this LSA, to Linkedln prior to the renewal date.The notice must be executed by both parties before Customer provides Linkedln with a purchase order for the renewal period. Invoices must be dated after the purchase order. 5.2. Termination and Suspension. Either party may terminate this LSA or an ordering document if the other party materially breaches the Agreement and fails to cure the breach within 30 days after receiving notice of the breach. Linkedln may suspend Customer's access to the Services if Customer is in breach of the Agreement and the suspension will continue for as long as reasonably necessary for Customer to remedy the breach.If all ordering documents under this LSA have expired Linkedln Confidential and Proprietary 2 Last Updated:November 9,2017/Public sector Apttus No.70439.0 or been terminated, then either party may terminate this LSA for convenience by providing written notice to the other party. 5.3. Effect of Termination.Termination of this LSA or an ordering document will not relieve Customer from its obligation to pay Linkedln any fees stated in an ordering document, excluding termination by Customer for Linkedln's uncured material breach of this LSA.If Customer terminates this LSA or an ordering document because of Linkedln's uncured material breach, Linkedln will refund a pro-rata share of any pre-paid fees under the applicable ordering document. Customer will notify Customer Users that their access to the applicable Services has terminated and Linkedln may remove or discard all content that Customer uploaded or otherwise made available to Linkedln in accordance with Linkedln's policies.Termination of an ordering document does not terminate this LSA;however,termination of this LSA will result in the immediate termination of all ordering documents.The provisions of this LSA that by their nature extend beyond the termination of this LSA will survive termination. 6. LIMITED WARRANTY; DISCLAIMER. Linkedln makes no representation or warranty about the Services, including any representation that the Services will be uninterrupted or error-free. To the fullest extent permitted under applicable law, Linkedln disclaims any implied or statutory warranty,including any implied warranty of title,non-infringement,merchantability or fitness for a particular purpose. 7. LIABILITY 7.1 Linkedln Liability. Linkedln will be responsible for any damages resulting from(a)the negligent acts or omissions of Linkedln, its employees,or agents;and(b)the Services'infringement of a third party's intellectual property right. 8. LIMITATION OF LIABILITY 8.1 Damages Waiver.To the fullest extent permitted by law, neither party, including its respective Affiliates,will be liable to the other in connection with the Agreement for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages. Subject to Sections 8.3(b) and (e), Linkedln will not be liable to Customer for any Personal Data Breach (as defined in Section 1 of the DPA). 8.2 Liability Cap. Neither party, including its respective Affiliates,will be liable to the other in connection with the Agreement for an amount that exceeds the two(2)times the fees paid or payable to Linkedln during the 12-month period before the event giving rise to the liability. 8.3 Exclusions.The limitations of liability stated in sections 8.1 and 8.2,do not apply to a party's(a)confidentiality obligations,- (b) bligations;(b)liability for fraud,gross negligence or intentional misconduct;(c)liability for death or personal injury;(d)violation of the other party's intellectual property rights; or (e) liability for a Personal Data Breach caused by the Data Processor's (as defined in Section 1 of the DPA)negligent acts or omissions. 8.4 Sovereign Immunity.The parties recognize that Customer is a Public Sector Entity, and nothing in this LSA is intended to waive or diminish Customer's rights under principles of Sovereign Immunity,as established by law. 9. DISPUTE RESOLUTION.The Agreement is governed by the laws of Customer's home jurisdiction.The prevailing party may seek to recover its legal fees and costs.If the Customer is a United Nations program,fund,or specialized agency,then any dispute or claim related to the Agreement,including a claim of breach(unless settled by direct negotiation),will be settled in accordance with the UNCITRAL Arbitration Rules.Any resulting arbitration award will be binding on the parties and final.If during a direct negotiation the parties wish to seek an amicable settlement of the dispute or claim by conciliation,the conciliation will take place in accordance with the UNCITRAL Conciliation Rules. 10. MISCELLANEOUS.If a conflict exists between any of the terms in the Agreement,then the DPA will govern,followed by this LSA,the ordering document,the Service Terms,and finally the User Agreement. Neither party relies on any undertaking, promise,assurance,statement,representation,warranty or understanding of any person relating to the subject matter of the Agreement, other than as stated in the Agreement. Notices will be provided in writing and delivered by commercial overnight courier to the address of the other party stated on the ordering document, unless otherwise stated in the Agreement.Notices are effective on the date of delivery as indicated in the records of the courier.The Agreement does not create a partnership,agency relationship,or joint venture between the parties. Neither party has the power or authority to bind the other or to create any obligation or responsibility on behalf of the other. Under no circumstances will any Linkedln Confidential and Proprietary 3 Last Updated:November 9,2017/Public sector Apttus No.70439.0 employee of one party be deemed to be the employee of the other. Linkedln may name Customer as a customer of Linkedln's in its marketing and promotional materials. Neither party will assign the Agreement in whole or in part without the other party's prior written consent. Any attempted assignment in violation of this restriction is void.The Agreement shall bind and inure to the benefit of the parties,their respective successors and permitted assigns.Customer will provide Linkedln written notification if Customer is purchasing Services through a Linkedln approved agency. If Customer is an agency binding a client under this LSA, Customer(a) represents and warrants that it has the authority to bind the client under this LSA; (b) will notify Linkedln in writing of the name and address of its client that will access and use the Services; and (c) remains jointly and severally liable for all of Customer's obligations under the Agreement. If the Agreement is translated into a language other than English, the translation is for convenience only, and the English language version will govern. Linkedln may remotely monitor Customer's use of the Services to ensure compliance with the Agreement.If any provision of the Agreement is unenforceable,that provision will be modified to render it enforceable to the extent possible to give effect to the parties'intentions and the remaining provisions will not be affected.The parties may amend the Agreement only in a written amendment signed by both parties, except for the User Agreement and Service Terms, which may be modified in accordance with their terms. If this LSA will be executed then it can be executed electronically and in counterparts,each of which is deemed to be an original and together comprise a single document. Each party represents and warrants that the individual binding a party under this LSA is authorized to do so. 11. IMMIGRATION NATIONALITY ACT. Customer actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Linkedln shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services.Linkedln shall provide Customer with a certification letter that it has complied with the verification requirements required by this Agreement. 12. RIGHT TO AUDIT. Linkedln agrees that Customer shall,until the expiration of three(3)years after final payment under this Agreement, have access to and the right to examine once per 12 month period any directly pertinent books,documents, papers and records of the Linkedln involving transactions relating to this Agreement at no additional cost to the Customer. Linkedln agrees that the Customer hall have access during normal working hours to all necessary Linkedln facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The Customer shall give Linkedln not fewer than 10 days written notice of any intended audits. 13. BOYCOTTING ISRAEL PROHIBITED.Linkedln acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the Customer is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms"boycott Israel" and "company'shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Linkedln certifies that Linkedln's signature provides written verification to the Customer that Linkedln:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. CUSTOMER LINKEDIN Signature: r Signature: Name: 4Name: 1. 1AAM S IA Title: Title: — &N Date: Date: /S OFFICIAL RECORD CITY SECRETARY FT,WORTH,TX Linkedln Confidential and Proprietary 4 Last Updated:November 9,2017/Public sector Apttus No.70439.0 'i RECOMMENDED BY: Marilyn Marvin,Assistant Library Director Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ��A ........ �2 Maril arvi A si )rary Director 0 . * r ATKT' 4�'�? By: as r� M& ' 1 j ary Kayser City Secretary APPROVED AS TO FORM AND LEGALITY: By: aige e e Assistant City Attorney OFFICIAL RECORD CITY SECRE'T'ARY FT.WVORTHI TX 4/4/2018 Service Terms � f SERVICE TERMS f i The following Service Terms apply to Customer to the extent the specific Service is included in the applicable ordering document.Linkedln may update these Service Terms from time to time.Linkedln reserves the right to upgrade,update or discontinue any aspect or feature of a Service in whole or in part;provided,however,that if Linkedln discontinues j a Service in whole during the term of an ordering document,then Linkedln will provide Customer with an alternative or replacement service. i 1.TALENT SERVICES 1.1 Recruiter Corporate.Customer will use the Recruiter Corporate Service(and related services)and information about Members only to recruit individuals to become employees I and consultants of Customer or its Affiliates,or,if Customer is a Staffing Agency or RPO, only to recruit individuals to become employees and consultants of its clients."Staffing Agency"means a staffing agency Customer that recruits on behalf of a client using its own name and/or logo."RPO"means a recruitment process outsourcer Customer that recruits on behalf of a client using the client's name and/or logo.Customer will inform Linked In of its Staffing Agency or RPO classification with a client before purchasing the Recruiter Corporate Service,and Agency will promptly inform Linkedln of any change in classification.Staffing Agency purchases of Recruiter Corporate seats are governed by the master subscription agreement between Linkedln and Staffing Agency.RPO purchases of j Recruiter Corporate seats are governed by the master subscription agreement between j Linkedln and the RPO's client.Customer's breach of this Section will be deemed a material breach of the Agreement. 1.2 Recruiter Professional.Customer will use the Recruiter Professional Service(and related services)and information about Members only to recruit individuals to become employees and consultants of its clients.Only Staffing Agencies may use the Recruiter jProfessional Service.Customer will inform Linkedln of its Staffing Agency classification with a client before purchasing the Recruiter Professional Service,and Staffing Agency will promptly inform Linkedln of any change in classification.Customer's breach of this Section will be deemed a material breach of the Agreement. 1.3 Recruiter Lite.Customer will use the Recruiter Lite Service(and related services) and information about Members only to recruit individuals to become employees and I consultants of Customer or its Affiliates,or,if Customer is a Staffing Agency,only to recruit i individuals to become employees and consultants of its clients.RPOs are prohibited from using the Recruiter Lite Service.Customer's breach of this Section will be deemed a material breach of the Agreement. 1.4 Additional Terms for Recruiter.Recruiter seats may be reassigned in accordance with the terms set forth on the Recruiter Help Portal.Customer will not share any information regarding a Linkedln Member's Open to Opportunities status with that Member's current employer.Customer's breach of this Section will be deemed a material breach of the Agreement. j I i 1.5 Job Postings&Job Slots.The Job Postings and Job Slots Services(collectively, the"Jobs Services")are designed to help Customer reach quality candidates for job i opportunities.Job Postings posted under available Job Slots will expire upon the expiration/termination of the ordering document.Customer is responsible for(i)all postings ! and content through the Jobs Services or otherwise to Linkedln,including but not limited to the job descriptions,creatives,trademarks,images,URLs and pixels that comprise the i postings or content therefor(collectively,the"Postings");and(ii)all content and property to I which Postings may direct viewers,as well as redirects("Destinations").Customer may not resell or transfer access to the Jobs Services to any other party.Each Posting must pe for 1 job opportunity;it is`not permitted for a Posting to solicit applications for more than onq https:Hlegal.linkedin.com/service-specific-terms 1/5 4/4/2018 Service Terms position.Customer agrees that it will not,and will not enable or authorize any third party,by virtue of the Postings,Destinations,or use of the Jobs Services,to: ! Create Postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed; ■ Create Postings that intentionally misrepresent the job,hiring company,or poster; j . Fail to clearly disclose in any Posting that a position is for an independent contractor or is part-time,piecework,commission-based,or has otherwise nontraditional working conditions or compensation may constitute intentional misrepresentation; ■ Create Postings for"business opportunities"that require payments or recruitment of j others or that resemble franchises, multi-level marketing,club memberships, distributorships,or are entirely or almost entirely commission-based; ■ Provide identifiable candidate resume or application data to any other parties."Spam" 1 or otherwise contact applicants for purposes other than related to the specific j employment opportunity described in the posting; i . Harass,stalk,or contact any applicant after they have asked not to be contacted; I ■ Create Postings in the United States without possessing valid Federal or State i Employer Identification Numbers,if applicable,or create Postings in any other location in a manner that would not allow compliance with applicable tax and i employment laws; j Create Postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable Iaw.Soliciting employees i by intentional misrepresentation; ■ Create Postings,advertise employment positions,or otherwise engage in recruitment or hiring practices that would be a violation of the law in Customer's state or country, E the state or country where the job is to be performed,or the applicable laws of the jurisdiction that governs the LSA between the parties; i ■ Engage in solicitations,communications or transactions that violate any applicable j laws or regulations related to the prohibition of employment discrimination,or that violate applicable laws governing legal eligibility to work; I Engage in illegal or fraudulent conduct; I ■ Except as expressly authorized by Linkedln in writing,use any automated means or form of scraping or data extraction to access,modify,download,query or otherwise collect information from Linkedln's websites; Except as expressly authorized by Linkedln in writing,copy,modify or create derivative works of the Jobs Services or any related technology;or 1 Create Postings that contain malware,spyware or any other malicious code or otherwise interfere with the operation of the Jobs Services or any device or system or breach or circumvent any security measure of Linkedln or a third party. j1.6 Career Pages.All Career page"traffic driver"ad impressions will launch within 90 days from the Start Date in the ordering document,using social ad units and targeting generated by Linkedln. I 1.7 Referrals.Customer will use the Referrals Service and information about Members only to recruit individuals to become employees and consultants of Customer or its Affiliates.The Referral Service must integrate with Customer's ATS.The Referrals Service will only operate with certain third party ATSs,as specified in the ordering document. i 1.8 Recruiter Certification Exam Vouchers.Recruiter Professional Certification Exam i Vouchers will be distributed to Customer's designated point of contact stated in the ordering document.Exam Vouchers expire 12 months from the Start Date stated in the ordering document("Expiration Date").Exams must be taken on or before the Expiration. Date.Customer will not receive any refunds or credits if Customer fails to use Exam Vouchers prior to the Expiration Date.Only Customer's employees or consultants may use i Exam Vouchers.Customer is prohibited from reselling Exam Vouchers to any third party. All Exam Vouchers must be redeemed through Webassessor,may only be redeemed once,and may not be applied to exam retakes.Once an exam is scheduled,it can only be rescheduled with at least 72 hours'advance notice via Webassessor and additional fees I may apply.To reschedule or cancel scheduled exams outside the 72-hour window, Customer must contact the Linkedln Help Center.Linkedln does not guarantee that https://Iegal.linkedin.com/service-specific-terms 2/5 4/4/2018 Service Terms Icandidates will pass their exams. If a candidate does not pass their exam and wishes to retake it,Customer must pay additional fees.Government employees(including military I employees of public education institutions)are not eligible to purchase Exam Vouchers per government gift and ethics laws. i 2. SALES SERVICES 2.1 Sales Navigator.Customer may use the Sales Navigator Service only to generate I sales leads.Customer will have access to Sales Navigator value-add services for the Term j of the ordering document.No refund or credit will be provided if the value-add services are not used during the Term of the ordering document. i 3. LEARNING SERVICES 3.1 Lynda.com.Customer will have access to the content on the lynda.com platform I only.A Customer User may be an employee,contractor,student o6 ibrary patron depending upon the Lynda.com service purchased by Custome. or L n o i y�tmtomer„s only;the,tUser Agreem6nt€dpoa fik ustomer will designate a single administrator`and that admWs'tFA"torw�l Piave access to the reporting and management tools.Customer may only display or perform the content in a public setting,including a conference room or classroom,if Customer has purchased seats for all Customer Users.Users of the content are subject to the Lynda.com Privacy Policy. Updates to the Lynda.com Privacy Policy are effective immediately upon posting to the website.If Customer is a school with children in any grade between kindergarten and twelfth grade,or I a school district,Customer represents and warrants that it will not allow a child under the age of 13 to access the content unless Customer has obtained written permission from the child's parent or legal guardian.Customer will promptly provide documentation of the I permission upon Linkedln's request.These additional Lynda.com Usage Terms apply to iCustomer's use of the content. 3.2 Linkedin Learning.Customer will have access to the content on the linkedln.com iplatform only.A Customer User may be an employee,contractor,student or library patron depending upon the Linkedin Learning service purchased by Customer.For the Linkedin i Learning Service,the User Agreement will apply only if Customer connects its Linkedin I Learning dashboard to its Customer Users'Linkedln.com profiles.Customer will designate a single administrator and that administrator will have access to the reporting and management tools.Customer may only display or perform the content in a public setting, including a conference room or classroom,if Customer has purchased seats for all Customer Users.These additional Linkedin Learning Usage Terms apply to Customer's use of the content. I 4. INSIGHTS SERVICES Linkedin may generate certain insights and analytics reports on Customer's behalf or provide Customer with the ability to generate such insights and analytics reports under a i self-service model,which are derived from aggregating applicable Member profile data ("Insights Reports").Linkedin,in its sole discretion,may adjust or decline to include certain Member profile data in Insights Reports if Linkedin believes the exposure of the Member profile data may compromise the privacy of Members or other Linkedin customers.Insights Reports generated by Linkedin on Customer's behalf are considered delivered on the date the Insights Reports are sent to Customer,even if Linkedin provides-additional analysis of the Insights Reports at a later date(e.g.responses to follow-up questions,modifications, etc.).Linkedin will not release any underlying Linkedin data or third-party data used to generate Insights Reports.Linkedin retains ownership of all right,title,and interest to all j content included in the Insights Reports(including any associated intellectual property rights).Linkedin hereby grants Customer a non-exclusive,perpetual,royalty-free, I worldwide,non-transferrable, non-sublicensable license to use,distribute,and display the I Insights Reports for Customer's non-commercial activity.Customer will be prohibited from externally publishing Insights Reports or sharing Insights Reports with third parties without i Linkedln prior written approval in each instance.Linkedin may include Customer's name i and logo,and the Member profile data of Customer's employees,in Insights Reports for other Linkedin customers.For the Talent Insights—Enterprise Services only,(i)the seat i quantities listed on the invoice represent the starting quantities that will be provisioned by Linkedin;(ii)Customer Affiliates will be prohibited from accessing and/or using seats https:/Ilegal.linkedin.com/serVice-specific-terms 3/5 4/4/2018 Service Terms purchased by Customer;and(iii)Customer's right to request add-on seats at no additional cost will not apply to seats requested to accommodate new employees hired in connection with a merger with a third party or an acquisition of all or substantially all of a third party's assets or stock("Change of Control").Pricing for add-on Talent Insights—Enterprise seats requested in connection with a Change of Control will be at Linkedln's then-current list rates.The Talent Insights-Talent Leader Package('Talent Leader")includes access to the Talent Insights Services for all Customer Users who have active Recruiter Corporate seats; provided,however,that if Customer declines to renew any Customer User's Recruiter I Corporate seat during the term of its Talent Leader order,then Linkedln will terminate that Customer User's access to the Talent Insights Service.Insights Services will expire upon the expiration of the ordering document,and Insights Reports are deemed delivered the earlier of the:(i)actual delivery or(ii)the expiration of the ordering document. i i 5. MARKETING SERVICES i 5.1 Ads.Customer authorizes Linkedln to place advertisements purchased by Customer { ("Ads")containing artwork,copy,active URLs,and other advertising material and technology provided by Customer("Advertising Materials")on Linkedln websites and/or i third-party network websites(subject to Customer electing to enable or disable the delivery I of Ads on third-party network websites https://www.linkedin.com/helpAinkedin/answer/83628)(collectively,the"Site").Customer will submit to Linkedln all Advertising Materials for Ads in accordance with Linkedln's Advertising Specifications and Guidelines(collectively,"Ad Policies").Customer will obtain i all necessary rights,consents,licenses and clearances for Linkedln to include the Advertising Materials in Ads.Linkedln reserves the right,in its sole discretion,to reject or I remove from the Site any Ads for which the Advertising Materials or the website to which the Ad is linked(i)do not comply with the Ad Policies;(ii)do not comply with any applicable law,regulation,other judicial or administrative order,or industry self-regulatory principles; or(iii)may tend to bring,disparagement,ridicule,or scorn upon Linkedln or its Affiliates: Linkedln will use all Ads in compliance with this Agreement and any wdtten instructions provided on the ordering document.Linkedln's measurements are the definitive measurements for calculating fees.Third party impression tracking is unavailable for Ads.Linkedln and its affiliates may participate in ad placing auctions to promote its own services or otherwise communicate to its users.Linkedln makes no guarantees as to(a) I the results or distribution of any Ads in any manner;or(b)any number of sends, impressions,opens or clicks.No make goods or credit will be provided to Customer. Linkedln does not screen or attempt to verify the accuracy of any information on the site or in the Member profiles,and,as such,does not guarantee the identity or Personal Data of the individuals who will view the Ads purchased by Customer.Unless agreed to otherwise by Linkedln,Customer will pre-pay for Ads,and the Ads are non-cancellable and non- refundable.Ads will expire upon the expiration of the ordering document,and impressions i are deemed delivered the earlier of the:(i)actual delivery or(ii)the expiration of the i ordering document.As provided in Linkedln's Privacy Policy, Linkedln may use device I identifiers obtained on and off the Linkedln website for Ads,including to determine which devices Members may use and serve advertisements to them on their different devices. Linkedln and Customer will each prominently post a complete and accurate privacy policy on their respective websites and mobile applications,'including information regarding cross- device tracking and advertising targeting. ! I ! 5A.1 Sponsored Jobs and Sponsored Updates.Sponsored Jobs and Sponsored Updates are Ads sold under an auction model.The auction is a generalized second price auction and Customer only has to pay just enough to beat the second highest bidder.For example,if the winning advertiser has a bid of ten($10)dollars cost-per-click,but the next highest bid is seven($7)dollars,the winning advertiser only pays$7.01.The second price method allows each advertiser to bid the absolute maximum they are willing to pay for the Ad.Linkedln will charge enough to enable the highest price to be paid to win i the auction. f 5.1.2 Work With Us Ads.Work With Us Ads will launch within 3 days from the Start Date in the ordering document using a default ad unit configured by Linkedln,unless otherwise agreed in writing by Linkedln.Linkedln cannot identify all Members at a specific company because of company name inconsistencies.Inconsistencies arise because a Member can fill-out their"Company Name"field by either selecting a company name from I https://Iegal.linkedin.com/service-specific-terms 4/5 4/4/2018 Service Terms a pre-existing list generated by the Linkedln system or typing in their own custom company name.Linkedln can only identify Members who have selected a company name from the pre-existing list. 5.2 Elevate.Customer will maintain a social media policy and ensure that its personnel comply with the policy.Only Customer's designated curator(s)is/are authorized to post content to the Elevate Service.Customer Users who are not curators may only read and forward content. Customer will ensure that it owns or has the necessary licenses,rights, and consents to the content it posts to the Elevate Service. 5.3 Pipeline Builder.Customer will use the Pipeline Builder Service and information about Members only to recruit individuals to become employees and consultants of Customer or its Affiliates,or, if Customer is an approved agency,only to recruit individuals to become employees and consultants of its clients. 6. CONNECTIFIER SERVICE Customer's use of the Connectifier Service provided by Connectifier, Inc.is governed by the Connectifier Terms of Use.The Connectifier Service is included as a value-added service for Customers who purchase the Recruiter Corporate Service.For each Connectifier seat,the Customer User may access up to 400 candidate profiles within a rolling 30-day period. 7. ADDITIONAL REQUIREMENTS For the Recruiter, Referrals,Sales Navigator,Linkedln Learning,and Talent Insights Services, Customer(a)will designate in writing one Customer User for each seat it purchases;(b)will promptly provide to and maintain with Linkedln accurate contact information for each Customer User;and(c)will not,and will not permit a Customer User to,share a Customer User's access to the Services with any other individual. Except as described in Sections 1.4(Additional Terms for Recruiter)and 3(Learning Services),in the event a Customer User ceases employment,takes any type of leave or vacation,or transfers work function, Customer may transfer the Customer User's seat to a different Customer User. Linkedln reserves the right to limit the number of transfers of each seat. Customer's breach of this Section will be deemed a material breach of this LSA. I Linkedln Confidential and Proprietary Last Updated:March 6,2018 Linked In Corporation©2018 About Cookie Policy Privacy&Terms https://Iegal.linkedin.com/service-specific-terms 5/5 4/4/2018 Additional lynda.com Content Service Terms for Enterprise Accounts lynda.COe AILi es Search for the software or skills you want to learn Sign In (/signin) OM LINKEDIN (/subject/all) Mart My Free Month (http://www.linkedin.com/premium/plan/lynda?upselltrk=lynda_learning_upsell&trk=lynda—seo_learning) WeRWgVdg�Lh NTPP# P'6g*pr?W?65 e%4r;@$review(https://www.lynda.com/aboutus/preview-privacy_policy). Close Solutions for: Business (htts://Iearning.linkedin.com/lynda-for-business/business?trk=ldc nav_business) AdOM109pi . nMt cpm g riteint S,9ryji cp Terms ig er uca n t ps:/ earning.in a m.com lyn a-or- usiness/higher-ed ucation?trk=ldc_nav_hed) Government(https://learning.linkedin.com/lynda-for-business/government?trk=ldc_nav gov) The additional terms below pertain to all Lynda content services and are in addition to th Bg vined Fres o�iTeam. htt�A://Iea�inR.1i ik edag ee/elen n nq solutio s-copnt ct-us-ynda? rk=ldc nav_contact ( 9eLWeen Me ar�ies. ltilese terms— apply to the Lynda content services only. General. LinkedIn will provision the number of seats purchased by Customer. Customer must purchase one seat for each language library. For each language library, each seat is deemed used/active when a Customer User registers to access the Lynda content service. Each Customer User must have a unique identifier for a login, such as a unique email address or IP address. Aliases are not permitted. Specific. Additional terms pertaining to each Lynda content service product are listed below. 1. Lynda Enterprise. One seat = one User; Customer may archive a User's registration once during each 12 month period during the term of the order form if (i) such User does not access LyndaEnterprise but has registered as a User or (ii) such User is no longer an employee of Customer. Customer may reassign that seat that has been surrendered by the archived User to a new User during such 12-month period. Customer may only reinstate such archived User once during such 12-month period during the term of the order form. 2. LyndaPro 2.0. One seat = one User; For each LyndaPro seat purchased by Customer, each seat may be transferred up to two times to a different Customer User at any time during the term of the order for any reason. 3. LyndaCampus. One seat = one User; Customer may archive a User's registration once during each 12 month period during the term of the order form if (i) such User does not access LyndaCampus but has registered as a User or (ii) such User is no longer a student of Customer. Customer may reassign that seat that has been surrendered by the archived User to a new User during such 12-month period. Customer may only reinstate such archived User once during such 12-month period during the term of the order form. 4. LyndaKiosk. For each LyndaKiosk seat purchased by Customer, multiple Customer Users may access the Lynda content via the LyndaKiosk during the term of the order, but only one Customer User may access each LyndaKiosk at one time. 5. LyndaLibrary. For each LyndaLibrary seat purchased by Customer, any Customer User who has a valid Customer's library card may access the Lynda content via Lynda.com during the term of the order. A Customer User is an individual designated by Customer that has (1) registered, received and maintains an active Customer library card/Customer Account and (2) who resides (maintains a valid address) in Customer's geographical service location. Customer must verify that the individual resides in the Customer's geographical service location. The number of Customer Users who can access the Lynda content at any one time is limited to the number of seats purchased by Customer. A Customer User may be a staff member even if the staff member does not reside in Customer's geographical service location. Customer smp)� i )6ticYiY�rket the LyndaLibrary service to individual patrons of the Library. Customer may not market to any other groups, including but not limited to, any https://www.lynda.com/solutions/serviceusage 1/2 4/4/2018 Additional lynda.com Content Service Terms for Enterprise Accounts -business, corporation, school district, school (including higher-education such as universities or colleges), non-profits, and government agencies. The number of Customer Users who can access the Lynda content at any one time is limited to the number of seats purchased by Customer. 6. LyndaPro 1.0 or LyndaPro GSA. One seat = one User; For each LyndaPro 1.0 or LyndaPro GSA seat purchased by Customer, each seat may be transferred an unlimited number of times to a different Customer User at any time during the term of the order for any reason. LyndPro GSA is only sold to government entities. If Customer is a K-12 school or a school district, Customer represents and warrants that it will not allow a child under the age of 13 to access the Lynda content services unless Customer has obtained express written permission from the child's parent or legal guardian. If requested, Customer shall provide documentation of such permission. About Us Products Support - Apps Connect About Us Our Plans Support iPhone&iPad , in (https://www.lynda.com/abgbt4s/#www.linkedin.com/preotkps(OAaiu4 kMdin.com/he(W4asd6*ww.lynda.com/apps/ioe) — • •• Careers upselltrk=lynda_learning_ups�eNtact Us Android f G+ (https://www.linkedin.com/jdbEMnTcii3J!n- (https://www.linkedin.com/he(fdpsd*fww.lynda.com/apps/android)" jobs) (http://www.linkedin.com/preiur / II /I nda? y e e�uirements Windows 8 Press Center upselltrk=lynda_learning_upr�IRI$s://www lynda.com/supporlifMffna&b Wimo antapq*ondows) (https://www.lynda.com/preba ppdessiogelidpns Regi ter Activation Key Desktop App (https://www.lynda.com/acad rtiBecome an Instructor p ://wv I nda.com/ ro� .Vie.hnda.com/aPPs/deskto - (/aboutus/become-an- Business Solutions Feedback app) instructor) (https://www.lynda.com/busi Site l ��iitpb:/ /www.lynda.com/user/ �T6YJmodal) Government Solutions (https://www.lynda.com/apps/appletv) (https://www.lynda.com/government) ©2018 Linkedln Corporation Site Map (https://www.lynda.comJsitemap) Privacy Policy Lynda.COri FROM LINKEOIN (https://www.lynda.com/aboutus/otl-privacy.aspx) Website Use Policy (https://www.lynda.com/aboutus/website-use-policy) Cookie Policy(https://www.lynda.com/aboutus/cookie- policy) https://www.lynda.com/solutions/serviceusage 212 4/4/2018 lynda.com Online Training Library®:Privacy We will update our Privacy Policy soon.Please see the preview(https://www.lynda.com/aboutus/preview-privacy_policy). Close Lynda.com Privacy Policy Multi-user solutions Effective Date:.September 14, 2017 Save on groups of 5 or more with custom solutions for schools If you reside in the United States, then the personal information provided to, or solutions for schools nda.com/academi collected by, our Services is controlled by LinkedIn Corporation, 1000 West Maude Avenue, Sunnyvale, California 94085. If you reside outside the United States,then and businesses this personal information is controlled by LinkedIn Ireland Unlimited Company, Wilton (https://www.lynda.com/business Plaza, Wilton Place, Dublin 2, Ireland. If you have any concern about providing information to us or having such information used in any manner permitted in this Privacy Policy,you should not visit our websites, apps or otherwise use our Services. This Privacy Policy describes the types of information we may collect from you or that Learn you may provide to us when you visit the Lynda.com websites or use our services lynda.com about located at www.lynda.com (https://www.lynda.com/) (the"Websites"), or a (https://www.lynda.com/homeNic L nda.com mobile or desktop application an"A collective/ the"Services" and 1pk4=73) Y P PP ( PP ) (collectively, ), Take a guided tour our practices for collecting, using, maintaining, protecting and disclosing such (https://www.lynda.com/Business- information. This Privacy Policy applies to information we collect: (i) through our tutorials/How-use- lyndacom/77683- Services, and (ii) in text and electronic messages between you and our Services. This 2.html) Privacy Policy does not apply to any other LinkedIn services or any information Watch member collected by us offline or via third-party sites that may be accessed through hyperlinks testimonials (https://www.lynda.com/homeNic on our Services. 1pk4=61) For users based in the European Economic Area or Switzerland: We enable the transfer of personal data from LinkedIn Ireland Unlimited Company to LinkedIn Corporation under legally recognized mechanisms. Learn more. (https://www.lynda.com/aboutus/eu-data-transfers) By accessing or using our Services, you agree to this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE OUR SERVICES. Please read the information below: 1. Information we collect about you 2. Where we store data 3. How we use your information 4. Disclosure of your information 5. Updating or correcting your Personal Data 6. Canceling your account or deleting your Personal Data 7. Choices regarding control of your Personal Data S. Information related to data collected through the Lynda service 9. Data Security 10. Cookies and other technologies 11. Mobile Analytics 12. Direct Marketing 13. Changes to this Privacy Policy 14. How do you contact us with questions? 1. INFORMATION WE COLLECT ABOUT YOU We collect several types of information about visitors and/or users of our Services. We may collect this information either directly when you provide it to us or automatically as you navigate through the Websites or App. Skip navigation https://www.lynda.com/aboutus/otl-privacy.aspx 1/6 1 4/4/2018 lynda.com Online Training Library®:Privacy (a) We will collect and process your personal data when you register for a Service/create an account, subscribe to a newsletter, submit feedback, enter a contest, fill out a survey, or send us a communication. When ordering products or services on the Websites or App, you may also be asked to provide a credit card number and other payment-related information. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. We also collect your Internet Protocol ('IP') address. We use your IP address to diagnose problems with our servers and/or software, and/or to administer our Services and to gather demographic information. (b) We may collect certain information that does not by itself identify a specific individual. Such information tells us about your equipment, browsing actions, the resources that you access and use through the Services, such as your operating system and browser type. We use analytics and similar services, as explained in our Cookie Policy (https://www.lynda.com/aboutus/cookie-policy), to help us to deliver a better and more personalized service to users by enabling us to estimate usage patterns, customize our Services according to your individual preferences, and speed up your searches. (c) When you download our App and use our Services, we automatically collect information on the type of device you use and the operating system version, so we know the best version of the application to provide you. We do not ask you for, access, or track any location-based information from your mobile device at any time while downloading or using our App or Services. (d) When you contact us for customer support we may collect additional information to resolve your issue and may request you to bind your Lynda account with your LinkedIn account to improve your customer service experience. However, if you elect not to bind, you will still be able to receive customer service. (e) We are not a site targeted at children or those under the age of 16. If you are a school and you use a Lynda service within the United States for children under the age of 13, you are responsible for obtaining consent from the parents/legal guardians of each child you wish to allow to participate in using any of our Services. A child using our Services will be able to participate in certain limited activities (such as taking online educational and informational courses). 2. WHERE WE STORE DATA By submitting your personal data, you agree to the transfer, storing and processing of your data in the United States. We will take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy. 3. HOW WE USE YOUR INFORMATION We use information held about you in the following ways: • To present content from our Services in an effective manner for you and for your computer or mobile device • To provide you with information, products or services that you request from us or which we feel may interest you • To carry out our obligations arising from any contracts entered into between you and us, including for billing and collection • If you pay for Services using a credit card, we will transmit your credit card data to the appropriate credit card company and/or credit card payment processing company • To allow you to participate in interactive features of our Services, when you choose to do so • To contact you about our Services Skip navigatibrIn any other way we may describe when you provide the information or when we prompt you regarding a new use of information about you. https://www.lynda.com/aboutus/otl-privacy.aspx 2/6 4/4/2018 lynda.com Online Training Library®:Privacy 4. DISCLOSURE OF YOUR INFORMATION We will share your personal data with third parties only in the ways that are described in this Privacy Policy. We do not sell, trade, rent or disclose your information to others, except as provided herein: (a) We provide and support some of our Services through contractual arrangements with service providers and other third parties. We and our service partners use your Personal Data to operate our Websites and to deliver Services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on our Websites; and provide order information to third parties that help us deliver the Services. (b) We will also disclose Personal Data in the following circumstances: (i) if it is required by law enforcement or judicial authorities, or to cooperate with a law enforcement investigation; (ii) if we have a good faith belief that we are required or permitted to do so by law or legal process; (iii) to protect our rights, reputation, property or the safety of us or others; (iv) to defend or enforce our rights or your obligations; (v) if the disclosure is required by mandatory professional standards; (vi) to a third party with your prior consent to do so; or (vii) if we are under a duty to disclose or share your Personal Data in order to enforce or apply any contracts or agreement that may exist between you and us including this Privacy Policy, our Website Use Policy and our Terms of Service. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. (c) In the event that LinkedIn decides to sell all or part of its stock or assets or enter into a merger, we reserve the right to include your data, including Personal Data among the assets transferred to the acquiring or surviving company. Note L nda.com was acquirqd h); I inkpdTn in 9n1 9 anti aq of Line IF 7016 C r &$iSYiti9f4ic�drl�k �ARi# [ ri�il�fll+�d Sign In(/signin) Cmpany. In Ded�1�16 LinkedIn was acquired by Microsoft. fart My Free Month(http://www.lin�edin.com/premium/plan/lynda?upselltrk=lynda_learning_upsell&trk=lynda_seo_learning) 5. IJFW*MX o RrigMREQT4NGaIVQ=al;ATA Solutions for: You may change your Personal Data associated with your account online by logging Higher Education(https:Hlearning.linkedin.com/lynda-for-business/higher-education?trk=ldc_nav_hed) You 1� a also a cess, request deletion, apd gorrect vureersonal information by 9Q.vXrnment https://lea ni linkedi com I n a-for-bu Ines /govemment.trk=ldc nav�ov) submitting a da a request t�l9rough �usto er Support — nav_contact) end of this Privacy Policy. 6. CANCELING YOUR ACCOUNT OR DELETING PERSONAL DATA You may choose to let your subscription lapse, in which case we will retain your information for a reasonable period of time in case you choose to re-subscribe. You may choose to close your account in which case we will delete your information, including your learning history, within 60 days of your request. You can find instructions on how to close your account here (https://www.linkedin.com/help/lynda/topics/10001/10016). If you are using an enterprise-provided account, the data related to your learning activities will be retained for the period of time specified under the agreement between LinkedIn and your enterprise sponsor. If you would like to access the information that we have about your use of and access to Lynda.com Services, please submit a data request through Customer Support (https://www.lynda.com/support/contact) or by writing to us at the addresses at the end of this Privacy Policy. 7. CHOICES REGARDING CONTROL OF YOUR PERSONAL DATA Skip navigation https://www.lvnda.com/aboutus/otl-privacv.aspx 316 4/4/2018 lynda.com Online Training Library@:Privacy You can access some of the information that we collect about you. For example, by logging into your account, you can access information regarding recent orders from the Websites; certain Personal Data we maintain about you; your communication preferences; and your payment settings. With respect to your communications preferences, you can unsubscribe from newsletters by following the instructions included in the newsletter you receive or you can log into your account and update your newsletter and email subscription options. If your email address has changed and you would like to continue to receive newsletters, you will need to access your account and update your email address information in your account and sign-:up again for the newsletter. Occasionally we may send out emails concerning website disruptions. You also have choices with respect to cookies, as described in our Cookie Policy (https://www.lynda.com/aboutus/cookie-policy). By modifying your browser preferences, you may be able to choose to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Websites may not work properly in your case. 8. INFORMATION RELATED TO DATA COLLECTED THROUGH THE LYNDA SERVICE For certain services, we collect information under the direction of our clients (e.g., an entity that subscribes to the Services for use by the entity's personnel). In this respect, we act as a data processor under applicable laws. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and fulfill our obligations under those agreements with the data controllers. 9. DATA SECURITY Access by you to your account is available through a password and/or unique user name selected by you.This password is encrypted. We recommend that you do not divulge your password to anyone, that you change your password often using a combination of letters and numbers, and that you ensure you use a secure web browser. We cannot be held accountable for activity that results from your own neglect to safeguard the secrecy of your password and username. If you share a computer with anyone, you should always log out of your account after you are finished, in order to prevent access to your information from subsequent users of that computer. Please notify us as soon as possible if your username or password is compromised at support@lynda.com (mailto:support@lynda.com). Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Data, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed and we shall have no liability to you or any third party for loss, misuse, disclosure or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party. In the unlikely event that we believe that the security of your Personal Data in our control may have been compromised, we will try to notify you. To the extent we have your e-mail address, we may notify you by e-mail and you consent to our use of email as a means of such notification. If you prefer for us to use another method to notify you in this situation, please email us at support@lynda.com (mailto:support@lynda.com) with the alternative contact information you wish to be used. 10. COOKIES AND OTHER TECHNOLOGIES Skip navigation https://www.lynda.com/aboutus/otl-privacy.aspx 4/6 4/4/2018 lynda.com Online Training Library@:Privacy When you use our Websites we may use cookies and other technologies in order to facilitate and customize your use of our Services. Learn more in our Cookie Policy (https://www.lynda.com/aboutus/cookie-policy). 11. MOBILE ANALYTICS We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the App, the events that occur within the App, aggregated usage, performance data, and where the App was downloaded from. We do not link the information we store within the analytics software to any Personal Data you submit within the App. 12. DIRECT MARKETING We currently do not share personal data with third parties for their direct marketing purposes without your permission. 13. CHANGES TO THIS PRIVACY POLICY It is our policy to post any changes we make to our Privacy Policy on this page (with a notice that the Privacy Policy has been updated on the Websites). The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Policy to check for any changes. Your continued use of the Services after such modifications will constitute your agreement to the updated terms of the modified Privacy Policy. 14. HOW DO YOU CONTACT US WITH QUESTIONS? If you have questions or complaints regarding this Policy, please first contact LinkedIn (https://www.lynda.com/support/contact) online. You can also reach us by email at support@lynda.com (mai Ito:support@lynda.com) or physical mail at the addresses below. If you are in the United States: LinkedIn Corporation Attn: Legal Dept. (Privacy Policy and User Agreement) 1000 W. Maude Avenue Sunnyvale, CA 94085 USA If you are outside the United States: LinkedIn Ireland Unlimited Company Attn: Legal Dept. (Privacy Policy and User Agreement) Wilton Plaza Wilton Place, Dublin 2 Ireland About Us Products Support Apps Connect About Us Our Plans Support iPhone&iPad , in (https://www.lynda.com/abghtp/hwww.linkedin.com/pre�Htiprs(oA WLyrii Mdin.com/he(ott nvw.lynda.com/apps/ias) Careers upselltrk=lynda_learning_up�ol�tact Us Android f G+ (https://www.linkedin.com/jdbiArkUin- (https:i/www.linkedin.com/he(�ttp nv.lynda.com/apps/android)" jobs) (http://www.linkedin.com/pre ium/ I /I nda? �Sy terpn eVrements Windows 8 Skip navigation upselltrk=lynda_learning_upSR4 ,//�I nda.com/su 11 s. y pp(iriYpy. rhZb,grrlFxomtappoondows) https://www.lynda.com/aboutus/otl-privacy.aspx 5/6 4/4/2018 lynda.com Online Training Library®:Privacy Press Center Academic Solutions Register Activation Key Desktop App (https://www.fynda.com/pre ftveWyeoa.com/acad"io://www.lynda.com/prorr(A .Vhtskal} nda.com/apps/desktop- Become an Instructor Business Solutions Site Feedback app) (/aboutus/become-an- (https://www.lynda.com/busillatp$://www.lynda.com/user dWmodal) instructor) Government Solutions (https://www.lynda.com/apps/applety) (https:/Awm.lynda.com/government) r ©2018 Linkedln Corporation Site Map(https://www.lynda.com/sitemap) Privacy Policy Lynda.COm° PNON LINKEDIN (https://www.lynda.com/aboutus/otl-pdvacy.aspx) Website Use Policy (https:/Awm.lynda.com/aboutus/Website-use-policy) Cookie Policy(https:/Iwww.lynda.com/aboutus/cookie- policy) https:/Avww.lynda.com/aboutus/otl-privacy.aspx 6/6