SUPPLEMENTAL TERMS OF SERVICE
McHire Integration with Guardian
Last Updated: Feb 11, 2020
These Supplemental Terms of Service (the “Supplemental Terms”) are additional terms that apply specifically to Customer’s use of the McHire Integration with Guardian (the “McHire Integration”) and are subject to and incorporated into the McDonald’s Operator Software as a Service Agreement for Guardian Electronic I-9 and E-Verify Services (the “Agreement”) between the parties. Capitalized but otherwise undefined terms herein shall have the meanings given to them in the Agreement. Hyland may update these Supplemental Terms from time to time as needed to reflect current capabilities of the McHire Integration.
In these Supplemental Terms, “Hyland” refers to Hyland Software, Inc., through its LawLogix division, and “Customer” refers to the McDonald’s franchisee who has executed an Order Form under the Professional Subscription Plan with Hyland for the Guardian Electronic I-9 and E-Verify software application (“Guardian”). These Supplemental Terms are effective between Customer and Hyland as of the date Customer first uses Guardian with the McHire Integration.
1. INTEGRATION DESCRIPTION
Hyland shall enable Customer to systematically share certain new hire information between the McHire onboarding application (“McHire”) and Guardian in order to facilitate I-9 and E-Verify completion. The McHire Integration will include the following:
1.1 Automated creation of an employee record in Guardian for all new hire employees who require an I-9 (based on onboarding information sent from McHire).
1.2 Customer’s new hire can directly access section 1 of the I-9 in Guardian by clicking on a link that will be visible in the McHire onboarding interface. Upon completion of section 1, the new hire will be redirected back to McHire.
1.3 A Customer I-9 verifier can access and complete section 2 of the new hire’s I-9 in Guardian by clicking on a link that will be visible in the McHire onboarding interface (dependent on the Customer I-9 verifier’s successful authentication to the Guardian application and his or her employee access restrictions). From within Guardian, Customer can submit the I-9 to E-Verify, if applicable.
1.4 Guardian will send I-9 status updates to McHire as the workflow progresses so that Customer may view the current status in the McHire onboarding platform. Status updates are available for Section 1 not complete, Section 1 complete, and Section 2 complete (green).
2. INTEGRATION REQUIREMENTS
In order to utilize the McHire Integration, Customer must adhere to the following requirements:
2.1 Hyland Professional Subscription. Customer must have selected the “Professional” Subscription option in the Guardian Order Form in order to utilize the McHire Integration.
2.2 McHire Subscription. Customer is required to have an appropriate subscription to the McHire onboarding solution provided by Paradox, Inc. (“Paradox”). Customer is responsible for ensuring that the appropriate subscription is enabled and active.
2.3 Initial Setup/Company Information. Customer must initially provide Hyland with certain company-related hiring data points (“Hiring Details”) that are required for security/access permissions and E-Verify submissions (if applicable). Hiring Details include the following:
a) Each legal entity (including full name, address, and FEIN) that will hire employees and complete I9s using Guardian
b) Each restaurant location (including full address) where employees will be hired
2.4 Ongoing Exchange of Hiring Details. In order for the Integration to operate properly on an ongoing basis, Customer’s Hiring Details must be kept current (i.e., “up-to-date”) in Guardian. For example, if Customer acquires a new restaurant, Guardian must be configured with the new legal entity and location(s) prior to sending any new employees at those locations through the McHire Integration. In order to keep the Hiring Details current, Customer may agree to share such data with Hyland programmatically through the McDonald’s Data Management (“MDM”) service as specifically authorized by Customer, or manually provide updates directly within Guardian. Customer acknowledges and understands that failure to keep Hiring Details current will result in errors and interruptions in the McHire Integration.
2.5 Ongoing Updates of Employee Details. Customer is responsible for updating employee records directly in Guardian in the following situations. Failure to keep employee records up-to-date may result in McHire Integration errors and/or compliance concerns.
a) Employee does not complete I-9 and does not start employment
Update required: “terminate” the employee in Guardian
b) Hire date for employee changes after the I-9 is initiated in Guardian
Update required: manually adjust the hire date in Guardian
c) Employee is subsequently terminated from employment
Update required: “terminate” the employee in Guardian
d) Employee changes restaurant locations
Update required: change location of the employee in Guardian
3. CUSTOMER ACKNOWLEDGEMENTS
3.1 Data Sharing. Customer expressly acknowledges and agrees that by the use of the McHire Integration, Customer I-9 status information (as described in Section 2 above) will be transmitted outside of Guardian to McHire and to that extent, Hyland is not responsible for the privacy, security or integrity of that Customer data.
3.2 McHire Support. As between Hyland and Paradox, Customer will contact only Paradox for support questions relating to the McHire onboarding experience.
3.3 Interruptions. Customer understands that there may be occasions, due to circumstances beyond Hyland’s control, that may result in interruption or delay of the McHire Integration. Hyland reserves the right to interrupt or delay the McHire Integration for purposes of upgrading, debugging, maintaining and improving software or equipment used in delivering the McHire Integration, among other reasons. To the extent feasible, Hyland will schedule these activities at the least inconvenient time so as to minimize interruptions, inconvenience, and delays to Customer. Customer acknowledges and understands that any service level agreement in effect between Customer and Hyland shall not apply to the McHire Integration.
4. TERM AND TERMINATION
Hyland may terminate these Supplemental Terms immediately upon notice to the Customer if any third party (including, but not limited to, Paradox) restricts, prevents or ceases to authorize Customer’s use of the McHire Integration. In addition, these Supplemental Terms shall terminate immediately and automatically upon any termination or expiration of the Customer’s subscription to Guardian. Upon any such termination or expiration, the Customer shall no longer be permitted to use the McHire Integration. Termination of these Supplemental Terms shall not entitle the Customer to any refund, credit, or other compensation from Hyland under the Agreement.