Real Talent Terms
GREENHOUSE SOFTWARE, INC.
Last Updated: February 1, 2026
These Real Talent Terms (“Real Talent Terms”) supplement the MSA, available at MSA, and are hereby incorporated by reference into the Agreement between Greenhouse and Customer if Customer elects to use Greenhouse’s Real Talent features. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Agreement. In the event of any conflict between these Real Talent Terms and the MSA, these Real Talent Terms shall control to the extent of the conflict with respect to the subject matter herein.
1. REAL TALENT FEATURES
The Real Talent features consist of the following components:
(a) Identity Verification with CLEAR: This optional feature allows Customer to request that its candidates verify their identity using the verification service provided by Alclear Digital Identity, LLC (“CLEAR”) (the “Identity Verification Feature”).
(b) Talent Matching: This optional feature uses AI technology to analyze customized job descriptions and candidate resumes to identify and sort candidates based on the degree of alignment between the Customer-calibrated skills and job requirements and candidate resumes (“Talent Matching”).
(c) Fraud Detection and Spam-Blocking: This optional feature: (1) utilizes various signals related to a candidate’s IP address, email address, and phone number to detect potentially fraudulent applications (the “Fraud Detection Feature”); and (2) allows Customers to block IP addresses and email domains that it determines in its sole discretion are associated with spam activities (the “Spam-Blocking Feature”).
2. IDENTITY VERIFICATION WITH CLEAR TERMS
(a) Customer Obligations. When using the Identity Verification Feature, Customer shall:
(i) Clearly inform candidates about the identity verification process for which CLEAR will be acting as a controller under applicable data protection laws and invite them to read CLEAR’s privacy notice for information about the processing of their personal data;
(ii) Only use the results of the Identity Verification Feature for identity verification purposes and in accordance with applicable laws, including, but not limited to applicable employment and data protection laws;
(iii) Implement appropriate security measures to protect the results of the Identity Verification Feature;
(iv) Delete the results of the Identity Verification Feature when no longer needed for the verification purpose, unless retaining such information is required under applicable laws.
(b) Data Processing Roles. With respect to the Identity Verification Feature, Greenhouse will be:
(i) a data processor in connection with any personal data generated by CLEAR in connection with the Identity Verification Feature, except as otherwise set forth below; and
(ii) a data controller with respect to personal data that candidates may provide directly to Greenhouse in connection with creating and using MyGreenhouse accounts, and the results of the CLEAR identity verification process that are shared with the job applicant in such job applicant’s MyGreenhouse account. As a controller for job applicant data provided in connection with creating and using MyGreenhouse accounts, Greenhouse will comply with relevant obligations imposed on controllers under applicable data protection laws.
(iii) The processing of personal data will be governed by Greenhouse’s DPA as incorporated into this Agreement by reference.
(c) Scope of Use; Limitations. Notwithstanding any other provision to the contrary in these Real Talent Terms or the Agreement, Customer certifies that it shall not use or allow others to use Real Talent, including, but not limited to, the results of the Identity Verification Feature, as a factor in establishing a consumer’s eligibility for credit, insurance, housing, employment, or other eligibility or entitlement, or for any other use constituting a permissible purpose under the Fair Credit Reporting Act, as may be amended from time to time, or otherwise in violation of any applicable laws, rules or regulations.
(d) Support Model. Greenhouse will provide support to Customer’s candidates for navigating the verification process, including guidance on submitting data required by CLEAR. This support is focused on the process itself, not the final outcome, and Greenhouse will not engage in disputes over verification results. Candidates must contact Customer directly about any such disputes, and Customer will be solely responsible for determining next steps, if any.
(e) Disclaimer of Warranties. For the avoidance of doubt, CLEAR is a Third-Party Service Provider. GREENHOUSE MAKES AND CUSTOMER RECEIVES FROM GREENHOUSE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO ANY CLEAR SERVICES, DOCUMENTATION, PERFORMANCE, OR MAINTENANCE SERVICES. GREENHOUSE SPECIFICALLY AND WITHOUT LIMITATION DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GREENHOUSE MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE ACCURACY OR RELIABILITY OF ANY THIRD-PARTY SOFTWARE OR DATABASE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GREENHOUSE DOES NOT WARRANT THAT THE CLEAR VERIFICATION SERVICES PROVIDED WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR THAT SUCH CLEAR VERIFICATION SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY GREENHOUSE OR ANY OF ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, AND CUSTOMER IS NOT ENTITLED TO RELY ON SUCH ADVICE OR INFORMATION.
3. TALENT MATCHING TERMS
(a) Customer Obligations. Customer acknowledges that the Talent Matching component of the Real Talent Features incorporates artificial intelligence technology designed to assist Customer with analyzing job descriptions and candidate resumes against evaluation criteria that is predetermined by Customer, and agrees that it will only use the Talent Matching for that purpose. Customer’s use of this AI Feature is subject to the Greenhouse’s AI Terms. In addition, Customer is solely responsible for ensuring that its use of Talent Matching complies with all applicable laws and regulations, including those related to artificial intelligence and automated decision-making in hiring and employment ("AI Hiring Laws"), including the EU AI Act, NYC Local Law 144, and other applicable regulations, and is solely responsible for ensuring that it meets the employer obligations set forth thereunder. Without limitation, Customer shall be responsible for the following:
(i) Transparency: Customer shall provide clear notice to candidates and employees when AI systems are used in hiring decisions, including disclosure of evaluation criteria, data sources, and candidate rights regarding AI-driven decisions.
(ii) Human Oversight: Customer shall ensure meaningful human involvement in AI-assisted hiring decisions, including qualified personnel who can monitor AI systems, prevent over-reliance on automated outputs, and provide human review when requested.
(iii) Bias Testing: Customer shall conduct required bias audits and impact assessments of AI hiring systems, monitor for discriminatory effects on protected characteristics, and take corrective action when bias is identified.
(iv) Alternative Processes: Customer shall provide reasonable alternative selection processes for candidates who opt out of AI evaluation or require accommodations under applicable law.
(v) Documentation: Customer shall maintain records of AI system usage, publish required disclosures, report bias incidents to authorities as mandated, and provide Greenhouse reasonable cooperation for compliance purposes.
(vi) Training: Customer shall ensure personnel using AI hiring systems receive appropriate training on system capabilities, legal requirements, and human oversight responsibilities.
(vii) Compliance Responsibility. Customer acknowledges that non-compliance with AI Hiring Laws may result in regulatory penalties and legal liability. Customer agrees to indemnify Greenhouse from claims arising from Customer's failure to comply with AI Hiring Laws and shall promptly notify Greenhouse of any related regulatory inquiries or enforcement actions. Customer acknowledges and agrees that Talent Matching is not intended for use for any high-risk purposes included in Annex III of Regulation EU 2024/1689 (the “EU AI Act”). In the event that competent regulatory authorities issue guidelines or decisions classifying services such as Talent Matching as high-risk AI systems, Customer and Greenhouse agree to cooperate in good faith to ensure compliance with applicable legal requirements.
4. FRAUD DETECTION AND SPAM-BLOCKING TERMS
(a) User Acknowledgments. Customer acknowledges and agrees that:
(i) The Fraud Detection Feature relies on information and analysis of candidates’ IP addresses, email addresses, and phone numbers provided by a Third-Party Service Provider, IPQualityScore, LLC (“IPQS”).
(ii) The Fraud Detection Feature may incorrectly flag legitimate applications as fraudulent.
(iii) All decisions to block IP addresses and email domains that Customer has designated as associated with spam activities are made in Customer’s sole discretion, and Greenhouse shall bear no responsibility for inaccurate or inappropriate outcomes resulting from such Customer decisions.
(b) Customer Obligations.
(i) Customer is solely responsible for reviewing all applications flagged by the Fraud Detection Feature and making final determinations.
(ii) Customer will not take actions against applicants solely based on the use of the Fraud Detection Feature.
(iii) Customer will implement appropriate processes to allow applicants to appeal the results of the Fraud Detection and Spam-Blocking Features.
(iv) Customer agrees to indemnify Greenhouse from claims arising from Customer's failure to use the Fraud Detection and Spam-Blocking Features in compliance with all applicable employment and hiring laws and shall promptly notify Greenhouse of any related regulatory inquiries or enforcement actions.
(c) Disclaimer of Warranties. For the avoidance of doubt, IPQS is a Third-Party Service Provider. GREENHOUSE MAKES AND CUSTOMER RECEIVES FROM GREENHOUSE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO ANY IPQS SERVICES, DOCUMENTATION, PERFORMANCE, OR MAINTENANCE SERVICES. GREENHOUSE SPECIFICALLY AND WITHOUT LIMITATION DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GREENHOUSE MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE ACCURACY OR RELIABILITY OF ANY THIRD-PARTY SOFTWARE OR DATABASE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GREENHOUSE DOES NOT WARRANT THAT THE IPQS SERVICES PROVIDED WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR THAT SUCH IPQS SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY GREENHOUSE OR ANY OF ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, AND CUSTOMER IS NOT ENTITLED TO RELY ON SUCH ADVICE OR INFORMATION.
