Employer Data Use Agreement

This Data Use Agreement (“Agreement”) is entered into between Winder CNA Training (“ProvenPath,” “we,” “us”) and the organization creating an employer account on the ProvenPath™ Career Launcher (“Employer,” “you”). It governs how you may use personal information and professional data about applicants you access through the Service. It supplements — but does not replace — our Terms of Service and Privacy Policy.

1. What You’re Getting

We grant you a limited, non-exclusive, non-transferable license to access and view information about applicants who have enabled discoverability, and — when you take an explicit “unlock” action on an application or profile — to receive that applicant’s contact details (email, phone, full license number) for the sole purpose of evaluating and hiring that applicant for a role at your organization.

You do not acquire ownership of applicant data. Any fee you pay is a fee for access to the Service, not a purchase of applicant information.

2. Permitted Uses

You may use applicant data only to:

• Evaluate applicants for employment at your organization (including parent, subsidiary, and affiliated entities that share your common hiring function).
• Contact applicants directly about specific roles at your organization.
• Keep reasonable internal records of the hiring decisions you make, consistent with applicable employment-law record-retention requirements.

3. Prohibited Uses

You will not, and will not allow any of your users to:

• Resell or redistribute applicant data to any third party, including affiliated companies not involved in your hiring, recruiters outside your organization, or data aggregators.
• Use applicant data for purposes other than hiring — not for marketing unrelated products, not for enrichment into external CRMs for non-hiring purposes, not for training AI models.
• Scrape, bulk-export, or automate mass-collectionof applicant data. Access is granted through the Service’s intended interfaces only.
• Contact an applicant about a role at an organization other than yourswithout the applicant’s consent.
• Combine applicant data with external data sourcesin a way that constitutes profiling or would be considered a “sale” of personal information under applicable privacy law.
• Use applicant data to make decisions that violate anti-discrimination law (see §4).
• Attempt to re-identify an applicant who has made their profile private.
• Share your employer account credentials with anyone outside your organization.

4. Fair Hiring and Anti-Discrimination

You represent and warrant that your use of the Service complies with all applicable employment and anti-discrimination laws, including (without limitation) Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, and corresponding state and local laws in every jurisdiction where you operate.

You will not use search filters, criteria, or data fields available on the Service — whether provided by us or inferred by you — to exclude candidates on the basis of any legally protected characteristic. You will not apply artificial intelligence or automated decision-making in a way that violates fair-hiring law.

5. Confidentiality of Unlocked Information

Applicant contact information revealed through an unlock action is confidential to your organization’s hiring team and must be handled with at least the same care as other confidential HR data. You will:

• Limit access to personnel with a legitimate hiring need.
• Protect it from unauthorized disclosure.
• Not post it publicly or include it in any external report.
• Delete it from your internal systems once the applicant has been rejected or once the position is filled, except as required by law for record retention.

6. License Number Handling

An applicant’s state or national license number, when unlocked, is for the purpose of verifying that applicant’s credentials with the relevant licensing authority (e.g., Georgia Department of Community Health, National Healthcareer Association). You will not share a license number outside your hiring team and will not use it for any purpose other than verifying the credential of the specific applicant it belongs to.

7. Breach Notification

If you become aware of any unauthorized access to, disclosure of, or loss of applicant data you received through the Service, you will notify us at support@windercna.comwithin 72 hours of discovery and cooperate reasonably with our investigation and any notifications we are required to make to affected users or regulators.

8. Term and Termination

This Agreement is effective when you accept it at employer account creation and remains in effect for as long as your employer account is active. We may suspend or terminate your access for violation of this Agreement, with or without notice. On termination, you will delete or securely destroy all applicant data in your possession that was received through the Service, except:

• Contact information of applicants you have already hired (retained per your HR record policies).
• Records required to be retained by applicable employment law.

9. Fees and Paid Access

We currently provide employer access at no charge or on a promotional basis. We may introduce paid tiers for features including (but not limited to) applicant search, contact unlocks, candidate messaging, and sponsored listings. Fees, if any, will be presented clearly in your employer account settings before you incur them. You are never charged simply for having an employer account.

10. No Third-Party Beneficiaries Except Applicants

This Agreement benefits no one except the parties and the applicants whose data is governed by it. Applicants are intended third-party beneficiaries of the restrictions in Sections 3, 4, 5, and 6 of this Agreement and may enforce those restrictions directly against you if we do not.

11. Disclaimers and Liability

Applicant-provided information (including licensure claims, work history, and self-reported skills) is submitted by applicants and is not independently verified unless we expressly indicate otherwise (for example, a “Verified Graduate” badge for Winder CNA Training graduates). You are responsible for verifying an applicant’s credentials before making a hiring decision. We are not a consumer reporting agency and the Service is not a background-check service.

Except as set out in our Terms of Service, we are not liable for your hiring decisions, for damages arising from an applicant’s misrepresentation, or for indirect, incidental, consequential, or punitive damages.

12. Changes to This Agreement

We may update this Agreement. Material changes will be announced via email and in-product notice at least 14 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the updated Agreement. The version and effective date appear at the top of this page.

13. Governing Law and Disputes

This Agreement is governed by the laws of the State of Georgia, United States. Disputes will be resolved in the state or federal courts located in Barrow County, Georgia, and you consent to the jurisdiction of those courts.

14. Contact

Questions about this Agreement:
support@windercna.com
Winder CNA Training
Winder, Georgia, USA