GTC
General Terms & Conditions (GTC)
for the use of EmploCheck.com by employers and authorized users
1. Company & Scope of Application
EmploCheck.com is a service operated by XX Consulting LLC, 8051 N Tamiami TRL STE E6, Sarasota, FL 34243, USA (hereinafter “EmploCheck”, “we”, “us”).
These General Terms & Conditions (“GTC”) govern the use of the EmploCheck.com platform by employers, HR professionals and other business users (collectively “Users” or “Employers”).
By registering an account or using the platform, you agree to be bound by these GTC.
2. Purpose of the Platform
EmploCheck provides a closed employer-to-employer environment allowing verified Employers to:
- create internal employee profiles,
- submit structured ratings and qualitative feedback about current or former staff, and
- view feedback submitted by other verified Employers, where available.
The platform is designed to support better hiring decisions, performance review and workforce development. It is not intended for public reviews or for use by private individuals.
3. No Consumer Reporting Agency / Compliance Obligation
EmploCheck is not a “consumer reporting agency” and the platform is not intended to provide “consumer reports” as defined, for example, by the U.S. Fair Credit Reporting Act (FCRA) or comparable laws.
Each Employer is solely responsible for ensuring that its use of EmploCheck complies with:
- local, state and federal labor and privacy laws,
- anti-discrimination rules, and
- any regulations applicable to background checks or employee screening.
Where required by law, Employers must obtain the necessary consents and provide any mandatory notices to employees or candidates.
4. Account Registration & Eligibility
To use EmploCheck, you must:
- be a business entity or an authorized representative of a business,
- provide truthful, accurate registration details, and
- keep login credentials confidential and protected against misuse.
You are responsible for all activities carried out under your account. Suspicious or abusive use may lead to suspension or termination of access.
5. Creating Employee Profiles & Ratings
Employers may create internal employee profiles and submit ratings and comments based on their own work experience with the respective person. When doing so, you agree to:
- provide information that is truthful, fact-based and proportionate,
- avoid defamatory, insulting, discriminatory or harassing statements,
- limit entries to job-related behavior, performance and suitability, and
- respect applicable privacy and employment laws.
EmploCheck may, but is not obliged to, review, edit or remove ratings that appear to violate these rules or legal obligations.
6. Data Protection & Confidentiality
Personal data is processed in accordance with our Privacy Policy.
Access to detailed employee-related content is restricted to verified Employers. Employers undertake to treat all information obtained via EmploCheck as confidential and to use it solely for legitimate HR purposes within their organization.
7. Intellectual Property & License
All software, design elements, texts, graphics and databases on EmploCheck.com are protected by copyright and other IP rights and remain the property of EmploCheck or its licensors.
EmploCheck grants Users a limited, non-exclusive, non-transferable license to access and use the platform for internal business purposes in accordance with these GTC.
8. Fees & Billing
Unless otherwise agreed, use of EmploCheck is subject to the prices and subscription models displayed on the website at the time of booking.
- Subscriptions are usually billed in advance for the selected term.
- Fees are non-refundable, except where mandatory law requires otherwise.
- We may adjust pricing for future terms; you will be informed in advance.
9. Prohibited Uses
Users must not:
- use EmploCheck to harass, threaten or defame any individual,
- upload content that is unlawful, discriminatory or intentionally false,
- attempt to gain unauthorized access to data, systems or accounts,
- sell, resell or commercially exploit platform data to third parties, or
- use automated scraping or data-mining tools on the platform.
10. Availability & Changes to the Service
We aim to provide a high level of availability, but continuous, uninterrupted access cannot be guaranteed. Maintenance, security updates or technical issues may temporarily restrict access.
EmploCheck reserves the right to modify, extend or discontinue individual features where reasonable for Users.
11. Liability
EmploCheck provides a technical platform. The content of all ratings and entries is generated by Employers and does not represent the opinion of EmploCheck.
To the maximum extent permitted by law, EmploCheck is not liable for:
- the accuracy, completeness or legality of ratings submitted by Users,
- decisions made by Employers based on platform information, or
- indirect, incidental or consequential damages, loss of profit or loss of data.
Any mandatory statutory liability (e.g. for intent or gross negligence) remains unaffected.
12. Term & Termination
The User contract begins with successful registration and remains in force for the selected subscription period. It is automatically renewed unless cancelled within the notice period stated in the current offer or plan description.
EmploCheck may terminate access for good cause, in particular in case of misuse, serious violations of these GTC or legal obligations.
13. Governing Law & Jurisdiction
These GTC and any contractual relationship between EmploCheck and the User are governed by the laws of the State of Florida, USA, excluding its conflict of laws rules.
Where legally permissible, the courts of Sarasota County, Florida, shall have exclusive jurisdiction over all disputes arising from or in connection with the use of EmploCheck.
14. Changes to these GTC
We may update these GTC from time to time to reflect legal, technical or business developments. Users will be informed of material changes in an appropriate manner.
Continued use of the platform after the effective date of the updated GTC constitutes acceptance of the changes.