VIDEO INTERVIEW TERMS & CONDITIONS

As part of its hiring process Pacific Life Insurance Company and its affiliates (“Company”) utilizes the services of Phenom People, Inc. (“Phenom”) to perform on demand AI digital interviews of job applicants like yourself (these activities are referred to individually as “Video Interviews” and collectively , together with the platform through which they are conducted, as the "Service" or “Services”). In addition to recording responses captured by applicants in the Video Interviews to be shared with Company as part of its hiring process Phenom also uses artificial intelligence to transcribe the Video Interviews, generate AI summaries, highlight moments from the interview and support the interviewer with structured interview guides with AI generated questions based on the job description.  

The use of the Services provided by Phenom is to assist in creating an efficient hiring process for the benefit of applicants and Company and is used as permitted by applicable law. The Video Interviews are not used in a manner that is discriminatory. 
 
The responses you provide through the Video Interviews as well as other items referred to as Submitted Content (defined below) are gathered by Phenom on behalf of Company. For information on how your personal information is used by Company please refer to our Applicant Privacy Notice.  

When you are responding to questions in the Video Interviews and providing Submitted Content please do not include any personal health information or sensitive information such as your date of birth, government-issued identification numbers such as social security number, driver’s license numbers or financial account information. That information is not necessary and should not be shared through the Video Interviews. 

These Terms and Conditions (“Terms”) are between you and the Company and your use of the Service constitutes your consent to these Terms. 

These Terms require you to agree, among other things, to the following: 

• I acknowledge that the Video Interviews may be recorded and I hereby consent to such recording, including the use of my name, likeness, voice and persona in connection with my use of the Service, and Company’s use of any such recordings as provided herein.
• I attest that I have voluntarily agreed to conduct a Video Interview and related screening or analysis activities through the Service and that these Terms , together with the Applicant Privacy Notice, contain the entire and complete agreement concerning my use of the Service and the materials I may submit in connection with using the Service.
• I attest that I have read and consent to the use of artificial intelligence as described in these Terms.
• I acknowledge that I have been instructed that I am not to provide personal health or certain sensitive information through Video Interviews. 

Important: If you do not agree to these Terms or do not wish your interview to be recorded, please contact your recruiter and we will arrange for your interview to take place without being recorded. Declining to be recorded will not impact how your application is assessed.
 
1. Eligibility. By using the Service, you affirm that, under applicable law, you are of legal age and have the legal capacity to enter into these Terms. 

2. Applicant Privacy Notice. Please read our Applicant Privacy Notice carefully for information relating to our collection, use, storage and disclosure of your personal information, and which is hereby incorporated by reference into, and made a part of, these Terms.  

3. Submitted Content 

3.1 Generally. Certain features of the Service may permit you to submit certain content, including documents, interactions (including audio and audiovisual recordings of interviews , and question responses), messages, data, code, text, and other types of works, including your name, voice, persona, and likeness that may be embodied therein (collectively, “Submitted Content”) and to transmit Submitted Content to Company through the Service. 

3.2 Ownership and Permitted Use of Submitted Content. By providing or making available the Submitted Content, you agree that Company owns all right, title and interest in and to the Submitted Content and Company may use the Submitted Content at their sole discretion for the purpose of the Video Interviews and all related activities.  

3.3 Submitted Content Representations and Warranties. You are solely responsible for your Submitted Content and the consequences of posting, publishing, or otherwise making your Submitted Content available through the Service. By doing so, you affirm, represent, warrant, and covenant that: 

i. You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to disclose and deliver such Submitted Content to Company as contemplated herein, and to authorize Company to use, distribute, and sublicense your Submitted Content and derivatives thereof in the manner contemplated by these Terms, in each case without violating the rights of any third party or any agreement you may have with any third party, including without limitation any current or prior employer; and 

ii. Your Submitted Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, or libel any third-party. 

3.4 Disclaimer. Company may, but is not obligated to, at any time and without prior notice, monitor, evaluate, screen, remove, edit, or block any Submitted Content that in our sole judgment violates these Terms or is otherwise objectionable. To the extent permissible by applicable law, you agree to waive, and hereby do irrevocably waive, any legal or equitable rights or remedies you have or may have against Company with respect to Submitted Content. We expressly disclaim any and all liability in connection with such actions in respect of Submitted Content. 

4. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO: 

4.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law; 

4.2 violate, or encourage others to violate, the rights of third parties (including any current or future employer), including by infringing or misappropriating third party intellectual property rights in connection with your use of the Service; 

4.3 provide any Submitted Content or other content that is unlawful, defamatory, libelous, harassing, threatening, hateful, obscene or otherwise inappropriate; 

4.4 interfere with security-related features of the Service, or otherwise interfere with the operation of the Service or any user’s enjoyment of the Service; 

4.5 perform any fraudulent activity in connection with the Service including impersonating any person or entity, claiming false affiliations, or falsifying your age, date of birth, or qualifications; 

4.6 attempt to do any of the foregoing in this Section 4, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 4. 

5. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Company, in its sole discretion may terminate your access to the Service at any time, for any reason. Company will provide prior notice of such termination if required by applicable law, in which case Company will provide you with twenty-four (24) hours’ prior notice or, if applicable law mandates a longer period, the minimum notice period permitted under such applicable law. Except as prohibited under applicable law, Company also reserves the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you, in each case, in our reasonable discretion. The Service has been provided to you free of charge, and as such we will incur no liability to you as a result of any change to the Service or any suspension or termination of your access to or use of the Service. 

6. Changes to These Terms. Subject to applicable law, we reserve the right, at our discretion, to change these Terms on a going-forward basis at any time as necessary to comply with applicable law or changes in the Services. Please check these Terms periodically for changes. To the extent required by applicable law, we will post notice that material Terms have been updated. If you do not agree with a change we make in these Terms please contact Company and ask for your Submitted Content to be deleted from our servers and terminate your access to the Service. 

7. Disclaimers; No Warranties 

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED AS IS AND ON AN AS AVAILABLE BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. PHENOM AND COMPANY AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES AND AGENTS SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR PHENOM WARRANTS THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY AI-GENERATED TRANSCRIPT, SUMMARY, HIGHLIGHT OR OTHER AI OUTPUT. PHENOM AND COMPANY AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES AND AGENTS DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE MADE AVAILABLE IN AN UNINTERRUPTED MANNER, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING PHENOM, COMPANY OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT IF YOU CHOOSE TO USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN THIRD PARTY MATERIALS OR CONTENT OR ACCESS ANY ASSOCIATED SITES OR SERVICES YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, THEFT OR LOSS OF DATA THAT RESULTS FROM THE USE, ACCESS OR DOWNLOAD OF SUCH THIRD PARTY MATERIALS OR CONTENT. 
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 

8. Limitation of Liability 

YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES AND PHENOM TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $25. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR PHENOM WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, OPPORTUNITY OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

Nothing in this Section 8 is intended to limit or exclude liability where such liability is mandatory under applicable law and arises from the following: (a) in the event of death or personal injury to the extent resulting directly from the Company’s or Phenom’s willful or negligent act or omission or any of its employees or agents; (b) to the extent resulting from any fraudulent misrepresentation on the part of Company or Phenom; or (c) to the extent arising out of any willful or grossly negligent misconduct on the part of Company or Phenom.

9. Governing Law. If you are using the Service in the United States, these Terms shall be governed by the laws of the State of California without regard to conflict of law principles and to the extent that any lawsuit or court proceeding is permitted hereunder, you and Company agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Orange County, California for the purpose of litigating all such disputes. If you are using the Service outside the United States, where permitted by applicable law, these Terms shall be governed by the Laws of England and Wales, and you and Company agree to submit to the exclusive jurisdiction of the courts of England and Wales. 

10. General. These Terms, together with the Applicant Privacy Notice and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination or expiration of these Terms, or upon any termination of your access to or use of the Service, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 2 (Applicant Privacy Notice), 3 (Submitted Content), 4 (Prohibited Conduct), 5 (Termination of Use; Discontinuation and Modification of the Service), 6 (Changes to These Terms), 7 (Disclaimers; No Warranties), 8 (Limitation of Liability), 9 (Governing Law) and this Section 10 (General), together with the acknowledgements and consents set out above.