Terms and Conditions of Use
1.1 Use of System / Acceptable Use Policy.
The System should be used as only one factor in your company’s overall employment screening process. The results from this assessment should not be used as the sole determination whether to hire or not to hire this individual. The System is designed to assist in identifying job related preferences and abilities that should be more thoroughly investigated by interviews, additional assessments, or background and reference checks. The proper review of previous work experience, the skills required by the job as well as personal references should all be part of a comprehensive process. When the safety of others must be considered, a background check, a drug screening and a physical from a medical doctor should all be considered as well. This assessment does not measure violent tendencies, psychotic conditions, sexual deviance or political opinions and cannot be used in identifying these conditions or to predict any associated behaviors.
a. By utilizing the System, whether in whole or in part, you understand and agree that the System will be used in conjunction with and in adherence to all local, state, federal or other guidelines for proper assessment and evaluation of employees, co-workers, candidates for hire, and all other personnel who may be given access to the System, and shall not be: (a) relied on solely in making a decision concerning a candidate’s prospective employment; and/or (b) used to discriminate against current employees or applicants on the basis of any legally or otherwise protected status, such as race, color, religion, sex, national origin, sexual orientation, age or disability. While PeopleKeys® offers clients (i.e. companies) the ability to input questions specific to a certain position/job and require candidates affirm that they are willing to adhere to, perform, consent or agree with certain position/job requirements, prerequisites and/or preconditions, it is your responsibility to ensure that these practices are legal and officially permitted by their local, state and federal governing ordinances. Therefore, PeopleKeys® and its affiliates, representatives, consultants and agents (collectively, the “PeopleKeys® Group”) assume no responsibility for your use of the System in hiring and other human resource decisions, In addition, PeopleKeys® assumes no liability for the use of questions, within the PeopleKeys® system, that are requested by you, or to links on a client website that might be associated with such questions. Finally, you agree to indemnify, hold harmless and defend the PeopleKeys® Group from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from your use of the System, unless such claims, damages, losses, liabilities, costs and expenses arise from and have directly and solely been caused by the gross negligence or intentionally wrongful acts of the PeopleKeys® Group.
1.2. Payment for Services and Termination Policy.
All charges for use of the System must be paid in advance according to the then current prices applicable to the System. If you fail to pay any fees and taxes within seven (7) days from applicable due date, your account shall suspended until payment is received. In addition, your failure to fully pay any fees and taxes within fourteen (14) days after the applicable due date will be deemed a material breach of these Terms and Conditions of Use, justifying PeopleKeys®’ termination of its provision of the System and related services to you. You are responsible for any fees associated with reinstatement of your System account. Any such suspension or termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys’ fees, court costs and collection agency fees.
Statement of Intellectual Property and Use of Trademarks:
2.1 Intellectual Property.
All materials, software programs, including but not limited to object code and source code , data or information developed by PeopleKeys® in connection with the System, and any know-how, inventions, discoveries, methodologies, trade secrets or processes used by PeopleKeys® to provide the System to its users, whether or not protectable by copyright or patents, (collectively, the “People Keys Proprietary Information”) are and will remain the sole and exclusive property of PeopleKeys® or its suppliers (as licensed to PeopleKeys®). Unauthorized use of, copying, reverse engineering, decompiling, and creating derivative works based on the any such PeopleKeys® Proprietary Information is expressly forbidden except as otherwise permitted in writing by PeopleKeys®. You may be held legally responsible for any direct or indirect violation or infringement of PeopleKeys®’ ownership rights in the PeopleKeys® Proprietary Information.
You hereby grant to PeopleKeys® the right to use your trademarks, if any, for the limited purpose of associating any such trademarks with online or written reports generated for you by PeopleKeys® using the System. This is not a trademark license and no other rights relating to your trademarks are granted to PeopleKeys®.
3. Warranty, Warranty Disclaimer.
THE PEOPLEKEYS® SYSTEM IS PROVIDED “AS IS.” PEOPLEKEYS® MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SYSTEM, ITS RELATED ON-LINE CONNECTION OR THE INFORMATION IT CONVEYS. THE PEOPLEKEYS® GROUP SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS WITH RESPECT TO THE SYSTEM, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL PEOPLEKEYS® BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF PEOPLEKEYS® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PEOPLEKEYS® SPECIFICALLY DISCLAIMS ANY LIABILITY DUE TO SYSTEM DOWNTIME, SCHEDULED OR UNSCHEDULED, DATA LOSS, OR OTHER SYSTEM EVENTS BEYOND PEOPLEKEYS®, INC., ITS AFFILIATES, REPRESENTATIVES, CONSULTANTS AND AGENTS REASONABLE CONTROL. PEOPLEKEYS® DOES NOT WARRANT THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE.
All personal and contact information provided to PeopleKeys® by users of the System will be held in confidence and will used only for contact purposes and to apply the assessment tools provided through the System.
5. Governing Law and Dispute Resolution.
Any disputes arising from your use of the System and application of these terms and conditions shall be governed by Pennsylvania, without regard to its conflicts of law provisions. All disputes between the parties shall be submitted for arbitration before one arbitrator selected according to and applying the Commercial Arbitration Rules of the American Arbitration Association. The parties agree to venue and jurisdiction in Pittsburgh, Pennsylvania.
6. Data Processing Terms.
PeopleKeys and the counterparty agreeing to these terms (“Customer”) have entered into an agreement for the provision of the Processor Services (as amended from time to time, the “Agreement”).
These PeopleKeys Data Processing Terms (including the appendices, “Data Processing Terms”) are entered into by PeopleKeys and Customer and supplement the Agreement. These Data Processing Terms will be effective and replace any previously applicable terms relating to their subject matter (including any data processing amendment or data processing addendum relating to the Processor Services), from the Terms Effective Date.
If you are accepting these Data Processing Terms on behalf of Customer, you warrant that: (a) you have full legal authority to bind Customer to these Data Processing Terms; (b) you have read and understand these Data Processing Terms; and (c) you agree, on behalf of Customer, to these Data Processing Terms. If you do not have the legal authority to bind Customer, please do not accept these Data Processing Terms.
The full terms can be viewed at: https://peoplekeys.com/policies/terms-use/data-processing/
7. Data Transfer Frameworks.
Effective March 1, 2020
The European Commission has determined that certain countries outside of the European Economic Area (EEA) adequately protect personal data. You can review current European Commission adequacy decisions here. To transfer data from the EEA to other countries, such as the United States, we comply with legal frameworks that establish an equivalent level of protection with EU law.
EU-U.S. Privacy Shield Frameworks
As described in our Privacy Shield certification, we comply with the EU-U.S. Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use and retention of personal information from European Union member countries (including EEA member countries) and the UK, respectively. PeopleKeys, including The Institute for Motivational Living (DE), Inc., and its wholly owned US subsidiaries (unless explicitly excluded), has certified that it adheres to the Privacy Shield Principles. PeopleKeys remains responsible for any of your personal information that is shared under the Onward Transfer Principle with third parties for external processing on our behalf, as described in the “Consent/Choice Statement” section. To learn more about the Privacy Shield program, and to view PeopleKeys’ certification, please visit the Privacy Shield website.
If you have an inquiry regarding our privacy practices in relation to our Privacy Shield certification, we encourage you to contact us. PeopleKeys is subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC). You may also refer a complaint to your local data protection authority, and we will work with them to resolve your concern. In certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles.
Model contract clauses
The European Commission has approved the use of model contract clauses as a means of ensuring adequate protection when transferring data outside of the EEA. By incorporating model contract clauses into a contract established between the parties transferring data, personal data can be protected when transferred outside the EEA to countries which have not been deemed by the European Commission to adequately protect personal data.
PeopleKeys offers these model contract clauses for customers of its Assessment Service Platforms. Details of PeopleKeys’ use of model contract clauses can be found at https://peoplekeys.com/policies/terms-use/data-transfer/.
Last update: 24 September 2020