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PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”, “TERMS AND CONDITIONS”) CAREFULLY BEFORE ACCECPTING OR BEFORE YOU AGREE.
Welcome! Thank you for your interest in Instinctview. As with any world-class organization, we occasionally need to create some policies and agreements that govern our relationships with customers, vendors, partners, assessment participants, and even people simply browsing our website. We have tried to make our “Terms of Use” consistent with standard terms and language used by many others in our industry. Nonetheless, please read this agreement carefully before accessing or using the Site or completing an assessment. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site or any products and services.
Informed Consent for Assessment Participants
By using the Site, or certain Services of the Site involving taking an assessment, you are giving your informed consent to participate in the assessment process. This concept of informed consent underlies all current and anticipated data protection guidelines and legislation. In order for assessment participants to give their informed consent, they must understand the purpose of the assessment, the use of the assessment data, and protection of the data.
Purpose – This assessment is created to provide personal characteristic information for employee training, development, placement, or research.
Data Use and Storage – Data submitted by participants will be kept strictly confidential and will not be shared with anyone other than the parties who initiated the assessment process. Instinctview will retain data submitted by participants and will remove all participant-identifying information if the data is to be used for research purposes.
our personal data and other information that you provide to us are subject to and protected by our Privacy Policy. For further information please see our full Privacy Policy.
Terms
Instinctview (hereafter referred to as “Instinctview”) provides you with rights and access to our website at www.Instinctview.com and its various landing pages, as well as our portals for assessments (collectively referred to as the “Site”) and makes the Site, together with all information, reports, assessments, documents, communications, files, text, graphics and software available through the Site (collectively, the “Materials”) and all testing or other services provided by Instinctview or third parties (the “Services”) though the Site, available for your use subject to the terms and conditions set out in this document and any changes to this document that Instinctview may publish from time to time (the “Terms of Use”).
Instinctview may change these Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site or any Materials or Services accessible through it constitutes your acceptance of the changes. If you do not comply with these Terms of Use now or in future, your authorization to use this Site will automatically end and any Materials that you may have downloaded or printed from it must be immediately destroyed.
Intellectual Property
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is Instinctview Workforce Solutions Inc. Any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use.
Acceptance of Terms
By accessing or using the Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by these Terms of Use.
You agree not to copy, republish, frame, transmit, modify, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized in these Terms of Use. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site. The Site together with the Materials and the Services are the property of Instinctview and your use of the Site does not transfer any title or any other interest therein to you.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials and to acknowledge, verbally or in writing, the origin of these materials. You agree to grant to Instinctview a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit by email to Instinctview by all means and in any media now known or hereafter developed.
You agree that you shall have no recourse against Instinctview for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Instinctview.
Your personal data and certain other information that you provide to us are subject to our Privacy Policy. For further information please see our full Privacy Policy.
User Conduct
In using the Site, including all Services and Materials available through it, you agree:
Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources , accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked websites;
Not to upload, post or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files;
Not to create a false identity;
Not to use or attempt to use another’s account, password, service, or system without express authorization from Instinctview;
Not to intentionally or unintentionally violate any applicable local, state, provincial, national, or international law, or any regulations having the force of law.
To comply with all guidelines, manuals, directives or other publications that are available to users on the Site with respect to the use of the Materials or Services.
You agree to notify Instinctview immediately of any unauthorized activity using your information or if you suspect that the confidentiality of your account information has been compromised.
User Registration
Where use of the Site, or certain Services of the Site, requires user registration, you will be required to provide certain registration information (the “Registration Data”). In registering to use the Site, including all Services and Materials available through it, you agree to:
Provide accurate, complete, and up to date information about yourself as required by the Site’s registration form.
Maintain confidentiality for all activities carried out on the site, such as ID numbers, passwords, assessment results and reports.
Managing Content and Communications
Instinctview reserves the right, at its sole discretion, to delete or remove user content from the Site and to restrict, suspend, or terminate your access to all or parts of this Site, at any time without prior notice or liability.
Instinctview may, but is not obligated to, monitor or review (i) any areas of the Site where users transmit or post user content, including but not limited to areas where Services are available, and (ii) the substance of any user content.
To the maximum extent permitted by law, Instinctview will have no liability relating to user content arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Disclaimer of Warranties
In using this Site and its Services, you expressly understand and agree that:
The Site and the Services contained on it are provided on an “as is” and “as available” basis and that use of the Site and Services is at your own risk.
Instinctview disclaims all warranties of any kind, whether by express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement.
Instinctview makes no warranties regarding the accuracy, reliability, quality or availability of service of any products, materials or services made available on the Site.
Any damage to your computer or loss of data that results from the use of the Site or Services or from the download of any material will be your sole responsibility and is done at your own discretion.
No advice or information obtained from the Site or its Services, whether written or oral, shall create any warranty not expressly stated.
Further, Instinctview makes no warranty or condition that:The Services will meet your requirements
The Services will be uninterrupted, timely, secure or error-free
The results that may be obtained from the use of the Services will be accurate or reliable
The quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations
Any errors in the software will be corrected
Limitation of Liability
To the extent not prohibited by applicable law, Instinctview is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders or other economic advantage (even if Instinctview has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise arising out of, or related to:
The use or inability to use the Services;
The cost of procurement of substitute goods and services purchased or obtained or messages received or transactions entered into though or from the Services;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the Services or the Site;
Any other matter relating to the Services, including materials or content you may download, use, modify or distribute from the Site.
You have the sole responsibility for adequate protection and backup of dataand/or equipment used in connection with the Site and will not make a claim against Instinctview for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of content.
You agree to hold Instinctview harmless from, and you covenant not to take any legal action against Instinctview for any claims based on using the Site, whether in contract (including fundamental breach), tort (including negligence) or otherwise except where Instinctview is prevented by law from making such exclusions or limitations.
Links
The Services on this Site may provide links to other World Wide Web sites or resources. Because Instinctview has no control over such sites and resources, you acknowledge and agree that Instinctview is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Instinctview shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Termination of Use
Instinctview reserves the right, at its sole discretion, to terminate or suspend your use of the Site, terminate or suspend your account, and refuse any current or future use of the Services if it believes in good faith that you have failed to comply with the above Terms of Use.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of youraccount on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Instinctview.Instinctview has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Instinctview shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement or course of performance.
Instinctview its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Data Protection Notice
This Notice was last updated on 1st April 2020
This Notice describes how your Employer/ potential new Employer (“Employer”); and Instinctview and it’s affiliated companies or associated companies (together, Instinctview or we or us) respectively use your information collected through this online Assessment. Instinctview will process and collect information about you when you complete an Instinctview assessment ("Assessment") in accordance with this Notice. Some information is ("Personal Information"), personal information about you or from which we can identify you.This Notice sets out the way the Employer and Instinctview use your information: what is collected, how it is collected, how it is used, why it is used, who it is shared with and the rights to which you will be entitled.
Instinctview collects your Personal Information on behalf of your Employer. The Employer will be the data controller in respect of your Personal Information and the Employer will decide what data is collected, the purposes for which it is collected and who it is shared with. You will be able to exercise your rights directly against the Employer in respect of this Personal Information.We collect and process the categories of data on behalf of the Employer as set out below. The categories of data which are collected about you vary depending on the type of Assessment and instructions we receive from the Employer. Not all the categories of data listed below may be collected about you. If you require further information as to the extent of the data that is collected you should contact the Employer directly.
What we collect
Information that you give us and the Employer when you complete an Assessment, including: i. "Candidate Data"which includes your:
name;
email address; and
account log in details.
ii. "Assessment Data"which are your answers to the Assessment questions. Using the Candidate Data and Assessment Data, we generate the ("Results Data"), which includes the results of your Assessment. Additionally, we will collect information if provided to us by your Employer ("Employer Provided Data").To the extent provided by your Employer to us, this will include:
CV or resume information (including your employment history, educational background, skills, languages and hobbies);
details of the role you are in, or applying for;
your manager's rating of performance;
confirmation whether you were hired; and
performance appraisals.
What we do with the data
We use your Candidate Data, Assessment Data, Results Data, and Employer Provided Data (if provided) on behalf of the Employer to:
invite you to complete an Assessment on behalf of the Employer;
use the Results Data to compile a report given to the authorised representatives of the Employer ("Assessment Report").
when instructed by the Employer, provide you with an Assessment Report;
provide our services to the Employer;
when instructed by the Employer, compare your Candidate Data, Assessment Data, Results Data and Employer Provided Data (if provided) with anonymised Benchmark Data (as defined below) to provide talent analytics services to the Employer so that the Employer can understand how your Personal Information compares to the market in the role you are in, or6. applying for; and
manage and administer our services.
Why this data is collected and how long it is retained by us
We hold and process your Candidate Data, Assessment Data, Results Data, along with Employer Provided Data, in accordance with the Employer's instructions. The reasons why the Employer collects your Personal Information will vary but generally, the Employer will instruct us to process your Personal Information because they have one or more of the following legitimate interests:
i. to evaluate your suitability for a role you have applied for; ii.to perform analytics on the characteristic profile required for the role; iii.to evaluate your promotion opportunities or development requirements. as part of an overall recruiting/development/promotion process. The Employer may also instruct us to process your Personal Information because you have provided consent or if it is necessary on reasonable request by a law enforcement or regulatory authority, body or agency or in the defence of a legal claims on behalf of the Employer.
We will keep your Personal Information on behalf of the Employer in accordance with the Employer's instructions. The period of time that we are instructed to hold your Personal Information, varies from Employer to Employer. We will not delete your Personal Information if relevant to an investigation or a dispute. It will continue to be stored until those issues are fully resolved.
You should contact the Employer directly if you require more information on this section.
Data Sharing
We will only share your Personal Information processed on behalf of the Employer with the Employer and on the Employer's instructions. The Employer may share your Personal Information with other third parties including its group companies and those parties listed at section You should contact the Employer for more information on who they share your Personal Information with.
Instinctview as the Data Controller
When you complete an Assessment we will collect Personal Information about you for the purposes outlined below. We will be data controller in respect of this information and we will be responsible for your Personal Information including for what purposes your information is collected and used.
What we collect
1.Information that you or the Employer give us when you complete an Assessment: including your Candidate Data, Assessment Data, and your Results Data and your Employer Provided Data (if provided by Employer).
2.OPTIONAL RESEARCH QUESTIONS - At the beginning of an Assessment, we will ask you to answer a set of optional demographic research questions ("Research Data"). Some of this demographic data collected will be of a sensitive nature and be classified as a special category of personal information as such you will required to provide us with your consent to process this information during the Assessment. Providing this information is completely voluntary - if you do not want to answer a question, simply select the "Prefer not to answer" option. If you choose not to answer these questions, it will not prevent you from taking the Assessment or affect the Assessment results in any way. We will store your Research Data in a de-identified format and only use it in an anonymized format for research purposes as further detailed below. Your Research Data will NOT be provided to the Employer. The questions ask you to provide certain types of demographic information for research purposes including your:
Gender;
Age;
First language;
Country of Origin;
Country of Residence;
Highest educational qualification attached;
Highest education qualification you are working toward;
Level at current job;
Years of Employment Experience; and
Business function and Industry section you are currently working in.
Ethnicity.
3.Technical Information relating to the systems you used to take the Assessment including:• browser types;
operating systems;
IP addresses;
Date / time stamps.
4.We also collect your country of residence (Country of Residence Information).
How we use it
We anonymise a combination of your Assessment Data, Results Data, Employer Provided Data (if any) and Research Data for our own purposes. Once anonymised we use this data to:
1.ensure that our Assessments remain fair, objective and prevent unfair discrimination; 2.develop and improve the services and assessments we offer; and 3.create aggregate benchmark measurements against industry recognised differences for different groups, jobs and industries (Benchmark Data)( to be used for the above purposes.
Only if you have provided us with your express consent, we use your name and email address, for our own purposes, to: 1.request that you participate in future test trials and surveys; and 2.request that you provide us with further information relating to the assessment to further our research and develop our assessment processes. We use your Technical Information to primarily provide you or the Employer with service support and for our own purposes including to identify issues with the assessment and your experience of it.
We collect your Country of Residence Information because we have a legitimate interest to comply with legislation applicable to the SHL group, in particular US Trade Sanctions law.
Why we use it
We anonymize your Assessment Data, your Results Data, your Employer Provided Data, Research Data, and Candidate Data because we have a legitimate interest to create Benchmark Data to develop and improve our services.
We use your Technical Information because we provide technical support to the Employer as well as individuals who reach out to us using our web help form and we have a legitimate business interest in understanding how our assessments are accessed, how they are used and any problems users have with them across multiple devices.
We will also process your Personal Information if it is necessary on reasonable request by a law enforcement or regulatory authority, body or agency or in the defence of a legal claims against us.
How long we keep it
We keep your Assessment Data, Results Data, Employer Provided Data, Candidate Data, and Research Data, for our own purposes in a de- identified form for a maximum of seven years. We will not delete your Personal Information if it is relevant to an investigation or a dispute. It will continue to be stored until those issues are fully resolved.
We keep your Technical Information and Country of Residence for seven years.
When do we share Personal Information
We have set out the circumstances in which we will share your data with third parties below:
We will share a combination of your Assessment Data, Results Data, Employer Provided Data and Research Data within our group companies when required to provide maintenance and support services and so that we can continue to improve the services we provide across the group.
We will also share your information with our trusted third party service providers, including our survey tool provider, IT security provider and cloud hosting platform provider. Our service providers will be required to meet our standards on processing information and security.
The Employer and SHL as the Data Controller
Data Sharing
The Employer and Instinctview as data controller will share your data with the following third parties in the below circumstances:
If we are discussing selling or transferring part or all of our business, Personal Information will be transferred to prospective purchasers under suitable terms as to confidentiality;
If we are re-organized or sold, Personal Information will be transferred to a buyer who can continue to provide services to you;
If we are required to by law, or under any regulatory code or practice we follow, or if we are asked by any public or regulatory authority - for example the Police;
If we are defending a legal claim your Personal Information will be transferred as required in connection with defending such claim.
Data Subject Rights
We've listed the rights you have over your Personal Information and how you can use them below. These rights are subject to exemptions in applicable law and will only apply to certain types of information or processing. As described above, the Employer will be data controller so you should contact them directly if you want to exercise a right over data for which they are data controller.
The right to withdraw consent:Where we or the Employer have obtained consent for some of the ways we use your information you can remove that consent at any time by contacting the Employer
You can ask us to confirm if we are processing your Personal Information and, if we are, you can ask for access to that Personal Information as well as further details including why your data is being used and for what purposes.
You can ask to correct your Personal Information held by us and the Employer if it is wrong.
You can ask us and the Employer to delete your Personal Information.
You can ask us and the Employer to restrict how we use your Personal Information.
You can ask us and the Employer to help you move certain Personal Information to other companies. To help with that you have a right to ask that we or the Employer provide your Personal Information in a machine readable format to another company.
You can ask us and the Employer to stop using your Personal Information,but only in certain cases. This applies where we are processing your personal information based on a legitimate interest (or those of a third party) and you can object to processing on this ground. However we will be entitled to continue processing your information based on our compelling legitimate interests.
Where the Employer is the data controller, you can contact the regulator in the location where the Employer is based.
Questions or Complaints
Questions about the results of your assessment or the Employer’s use of your Personal Information should be sent directly to the Employer at whose request you are taking the assessment.
Changes to the Notice
This Notice will be changed from time to time. If we change anything important about this Notice (the information we collect, how we use it or why) we will provide a prominent notice to bring your attention to such importance changes for a reasonable length of time following the change.
Other policies
Security
We are committed to keeping your personal information safe. We have implemented physical, technical and administrative measures to help prevent unauthorised access or use of your information. For more information about the security measures we have please see our: Security Policy.
Sanctions
Instinctview products and services are subject to Indian sanctions law. As a result, prohibited individuals, or those located in certain countries, are not authorised to take assessments on our systems.
Instinctview Data Protection Officer Contact Details:
Email:support@instinctview.com
Instinctview would like to use some of your information (including details of your ethnicity, race and any disability where it is lawful to collect this) for research purposes in order to develop and improve the assessments and services we offer. We are committed to providing equal opportunities to all people. Our research ensures that our psychometric instruments are fair and objective in the assessment of candidates and prevents unfair discrimination. It allows us to benchmark our tests against industry recognized differences for particular groups. Where we have carried out an Assessment on behalf of an Organisation, we may also request information from the Organisation as to whether you were offered a job as a result of your Assessment for research purposes. Our psychologists are bound by ethical guidelines and data protection law in the use of Your Information in research. To the extent possible, we will anonymise Your Information before carrying out such research and only those directly involved in research supporting our products will be given access to it. We may disclose the aggregated and anonymised results of our research to third parties.We encourage all test takers to provide details of ethnicity, race and disability, where requested. However, there is no obligation to do this and if you do not provide this, it will not affect in any way the Assessment you are about to take.
I agree that Instinctview can contact me, including by email, in order to participate in future test trials, surveys and to provide further information relating to the assessment.
Your Responsibilities
I will take this assessment honestly and without any assistance from others.
I will not copy or distribute information from this assessment in any form.
If requested, I agree to complete a further supervised assessment to verify my results from this assessment.
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