Privacy Policy for USVTA

Effective Date: January, 1 2025

At USVTA, we respect your privacy and are committed to protecting personal information collected from candidates, clients, and website visitors. This Privacy Policy outlines how we collect, use, and safeguard your data in compliance with applicable laws.

Information We Collect.

We collect the following types of information.

Candidate.

The term “Candidate” shall refer to a potential employment candidate whose curriculum vitae or resume is submitted by Recruiter to USVTA for consideration for a position for which USVTA has initiated a job search and authorized the submission of a curriculum vitae or resume by Recruiter.

Initiation of Job Search.

Each job search will be initiated by USVTA’s issuance of a Position Search Request via USVTA’s Greenhouse applicant tracking system (“Greenhouse”) to Recruiter, such job search shall outline the position title, qualifications, and other relevant details. In order to submit a Candidate in response to a Position Search Request issued by USVTA, Recruiter must do so through Greenhouse using each Candidate’s personal email address.

Term.

This Agreement shall commence on the Effective Date (as defined below) and continue for one (1) year (the “Term”). At the end of the term, the term of this Agreement will automatically renew for an additional twelve (12) month period, unless either Party notifies the other in writing of its intention not to renew at least thirty (30) days prior to the end of the then-current Term. Either party may terminate this contract at any time with or without cause by providing the other written notice of termination. In the event of such notice, the terms and conditions of this Agreement shall remain in effect and apply to any candidates that have previously been referred by Recruiter to USVTA.

Candidate Submission.

USVTA shall have no obligation to pay Recruiter any Fee (as defined below) in the event that USVTA hires any Candidates submitted by Recruiter prior to the Effective Date.

Recruiter shall thoroughly check each potential candidate’s background before presenting such candidate to USVTA. For each potential candidate, Recruiter shall (a) verify dates of employment, (b) verify education or training, and (c) check references. Recruiter agrees that it will not submit a candidate without (i) thoroughly checking such potential candidate, (ii) informing candidate of the opportunity with USVTA, and (iii) receiving consent from the potential candidate to have his/her resume sent to USVTA. Recruiter further agrees to never ask for nor report to USVTA any Candidate’s current salary.

Contingency Basis.

The Agreement between USVTA and Recruiter is on a “contingency fee” basis in that no Fee shall be earned by Recruiter unless USVTA or any subsidiary hires a Candidate identified and presented for employment consideration by Recruiter to USVTA, regardless of the method of referral (e.g., directed search, verbally, electronically, or via a hard copy delivered, faxed, or mailed resume).

Fee.

(a) In exchange for the performance of Recruiter’s services set forth in this Agreement, Recruiter shall be entitled to the payment of a fee (the “Fee”) in the amount equal to twenty percent (20%) of the Candidate’s gross annual salary as of the date the Candidate’s first begins employment by USVTA (excluding any benefits, commissions, bonus compensation, or stipends). Recruiter shall also be entitled to the payment of the Fee in the event that any Candidate presented by Recruiter under a specific Position Search Request is subsequently hired by USVTA for another position within one year of such submission.

(b) Notwithstanding anything to the contrary in Sections 5 or 6(a), USVTA shall not owe Recruiter any Fee if: (i) the Candidate contacted USVTA prior to Recruiter’s presentment of such Candidate (in which case, USVTA, via Greenhouse, will provide notice to Recruiter upon submission of a duplicate application), (ii) USVTA identified the Candidate from another source prior to Recruiter presentment of the Candidate, (iii) USVTA does not employ the Candidate within one year of Recruiter’s first submission of the Candidate to USVTA, (iv) the Candidate leaves under his/her own volition or is terminated for cause within ninety (90) days after the starting date of employment subject to Section 7 below, or (v) Recruiter does not submit Candidate to USVTA via Greenhouse.

Payment and Refund.

The Fee is due and payable in its entirety forty-five (45) days following the date the Candidate starts employment with USVTA. In the event that a Candidate leaves under his/her own volition or is terminated for cause within ninety (90) consecutive days after the starting date of employment, Recruiter shall conduct a search in an effort to provide a replacement Candidate for hire by USVTA. This search shall take place for a maximum period of three (3) months and will commence the day Recruiter receives notice from USVTA that the candidate was terminated or left under his/her own volition (the “Replacement Period”).

In the event that Recruiter fails to locate and recruit a replacement who is hired by USVTA within the Replacement Period, Recruiter shall refund 100% of any Fee received within ten (10) days following the expiration of the Replacement Period. If Recruiter fails to return the Fee to USVTA when due, a finance charge of 1.5% of the outstanding balance per month shall be incurred from the date such payment was due until the date paid.

Non-Exclusive.

This Agreement shall be non-exclusive; USVTA may hire other recruiters or conduct independent searches. If two recruiters provide the same successful candidate, USVTA will use reasonable efforts to pay the recruiter that demonstrates first submission and proper entitlement, but in no event will USVTA pay more than one recruiter for the same candidate.

Non-Solicitation.

Recruiter shall not solicit USVTA’s employees for any purpose during the Term plus twelve (12) months thereafter.

Arbitration.

Any unforeseen disputes arising under this agreement which cannot be settled between the Parties will be submitted to the American Arbitration Association (AAA) for arbitration at a location in New York, NY in front of a single arbitrator appointed by the AAA. The Parties agree that arbitration by the AAA will be a final and binding resolution of all disputes ruled upon by the arbitrator and the prevailing party shall be entitled to recover reasonable attorney fees incurred in connection with the arbitration.

Indemnification.

Each Party (“Indemnifying Party”) shall indemnify and defend the other Party (the “Indemnified Party”) against any claims asserted against the Indemnified Party by a third party for losses, injuries, or damages caused by the Indemnifying Party’s conduct.

USVTA is an Equal Opportunity Employer.

The Company’s policy is not to discriminate against any applicant or employee based on race, color, religion, national origin, gender, age, sexual orientation, gender identify or expression, marital status, mental or physical disability, genetic information, or any other basis protected by applicable law. The Company also prohibits harassment of applicants or employees based on these protected categories.

Relationship of the Parties.

The Parties hereto are independent contractors. Neither Party shall have any right, power, or authority to assume, create, or incur any expense, liability, or obligation, express or implied, on behalf of the other Party, except as expressly provided herein. This Agreement is not intended to be nor shall it be construed as a joint venture, association, franchise, partnership, or other form of a business organization or agency relationship.

Law; Venue.

This Agreement is governed by New York law, without giving effect to its conflict of law principles. The Parties consent to and select state and federal courts in New York as the jurisdiction and venue to resolve any disputes arising from or related to this Agreement.

Confidentiality.

All information, whether printed, written or oral, which is requested from or voluntarily furnished by USVTA shall be held in strictest confidence and used only for the purpose of this Agreement. Recruiter’s submissions to USVTA shall not be considered confidential.

Miscellaneous.

This Agreement constitutes the complete agreement between the Parties and supersedes any and all prior understandings, conversations, and proposals, and may not be amended, except by written agreement executed by the Parties. The relationship between the parties to this contract is that of independent contractors. Nothing contained herein is intended to create an employment relationship or an agency relationship between these parties. Neither party may assign their rights or responsibilities under this contract without the expressed written consent of the other. In the event it becomes necessary to enforce or interpret this agreement or any part thereof, the prevailing party shall be entitled to reasonable attorney’s fees and costs, in addition to whatever other necessary and proper disbursements may be awarded.