TERMS AND CONDITIONS FOR CAREER ANALYTICS WEBSITES AND DATA PLATFORMS
Please note that your use of and access to our Services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the Services in any manner.
Hello, and welcome to our Terms and Conditions (“Terms”). These Terms and Conditions help you to make informed decisions about your relationship with us, so please read it carefully. We hope you’re sitting comfortably and getting ready for some great assessments or recommendations. Here we go…
Before we go into great legal depths we would like to highlight something that is important for us and should be emphasized because it will be the key driver of our interactions, overall site behavior, and potentially the continuation of our services. We are very happy to have you on our platform and hope to deliver a great experience.
JOSIE thrives on high quality of data and does everything within its power to assure this high quality of data. Therefore, if at any point in time, we find substantially strong evidence that any wrong, fraudulent, malicious, or fake information is provided we retain the full right to disable your access to our platform and remove any such information accordingly.
You may not sell, transfer or assign any products or services or your rights to any products or services provided by JOSIE to any third party without the express written authorization of CA. You agree to not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law.
Your use of a JOSIE Site is a privilege. JOSIE reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion. Any content found inappropriate by JOSIE will be removed from the Site and the profile belonging to the user responsible for the content will be taken down. If inappropriate content containing misinformation, profanity, or malicious comments is found by CA, the user responsible for creating and/or posting the content will be banned from using the Site.
Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any user or a third-party, whether in regards to its website, products, services, hiring, experience, employment or recruiting practices or otherwise.
JOSIE contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by JOSIE of the contents on such third-party websites. JOSIE is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party web sites, you do so at your own risk.
JOSIE is not an employment agency or a recruiting firm and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives, etc.
If at any time you find the terms and conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by JOSIE unless JOSIE agrees to them in a signed writing specifically including those new or different terms. JOSIE may change the Sites at any time.
SURVEYS OR TESTS:
Users and members will occasionally be invited to participate in surveys, assessments, or similar forms (from hereon “Forms”). These Forms are important sources of information which benefit all members by providing reference data in inter alia their career profiles. When invited to a Form, a User may be provided with a link that gives him/her access to the Form. Users undertake not to provide access to the link to any third party and to store the link in such a way that no other person may obtain access to it. Nor may a User use another person's account or the unique link belonging to it. Users undertake to advise JOSIE immediately if there is any suspicion that a third party has obtained access to or used a User’s personal link.
We are constantly improving our Services, so these Terms may need to change along with the Services.
We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice in the JOSIE websites and apps or on https://www.josieapp.com, and/or by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Basic membership will always be free and you will always be able to access your data and do any test or form that is directly and wholly owned by CA. Though many of our Services are currently free, JOSIE reserves the right to require payment of fees for certain or all extra Services, including without limitation our Premium Dashboards, Special Reports, Premium Membership, and Enterprise level Services.
You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. All fees are non-refundable. If you select a plan that requires payment, you will be required to provide JOSIE accurate credit card and other payment information, and you agree to promptly update your account information with any changes. The monthly or annual fee will be charged to you in advance, to the credit card you provided upon enrollment in the plan. JOSIE reserves the right to change its price list and to institute new charges at any time. If you are an existing customer and we change prices, we will notify you by email at least 30 days before the change is to take effect for your next billing cycle. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. You are responsible for all taxes associated with the Services other than E.U. and Singapore taxes based on Josie' net income. You may cancel your subscription at any time, but again, no refunds will be granted for fees paid.
User shall ensure that any and all information or data, including without limitation, personal data, used by User in connection with the Agreement is collected, processed, transferred, and used in full compliance with Applicable Data Protection Laws (as defined below) and that it has obtained all necessary authorizations and consents from any data subjects to process User Data. User shall adopt and maintain appropriate organizational, technical and security measures prior to any such collection, processing or transfer in order to protect against unauthorized access to or use of User Data. User shall immediately inform JOSIE upon becoming aware of any breach within the meaning of Applicable Data Protection Law relating to Customer Data (a “Security Incident”) and to cooperate with JOSIE in any investigation thereof and in the implementation of any measures reasonably required to be taken in response thereto. If required by Applicable Data Protection Laws, the parties will enter into standard contractual clauses under GDPR (as defined below) for the transfer of any Customer Data outside of the European Union. For purposes hereof: (a) “Applicable Data Protection Laws” means any applicable laws, statutes or regulations as may be amended, extended or re-enacted from time to time which relate to personal data including without limitation (i) prior to 25 May 2018, the EU Data Protection Directive 95/46/EC as transposed into EU Member State law; (ii) from and after 25 May 2018, GDPR and any EU Member State laws implementing the GDPR; and (iii) the e-Privacy Directive 2002/58/EC, as amended and as transposed into EU Member State law and any legislation replacing the e-Privacy Directive and (b) “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us with personal information, please contact us at [email protected].
You acknowledge that, in the course of your relationship with JOSIE and in using the Services, you may obtain information relating to the Services and/or JOSIE (“Proprietary Information”). Such Proprietary Information shall belong solely to JOSIE and includes, but is not limited to data, processes, question structures, members, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical-, business-, product-, marketing- and financial information, plans and data. In regard to this Proprietary Information:
(a) You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of JOSIE unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.
(b) You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.
You may, at your discretion, provide feedback to JOSIE with respect to the Services (“Feedback”). Feedback may include, without limitation, new feature suggestions or errors or difficulties discovered in the Services and the characteristic conditions and symptoms of the errors and difficulties. JOSIE shall own all right, title, and interest in the Feedback and you shall and hereby makes all assignments necessary to accomplish the same.
In accordance with the above-mentioned policies you represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services in a manner that complies with all laws that apply to you. If you are using JOSIE’s data collection features our Services will collect data about the recipient of your query. In order to use these features, you are responsible for getting any required consent of such recipients. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including CA);
- Violates any law or regulation, including, without limitation, any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your JOSIE account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through the use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed, or performed, or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including JOSIE’s) rights.
You understand that JOSIE owns the Services and “Josie” (the “Trademark”) is a registered trademark of CA. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services and Trademark.
To protect your interest and personal data the Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Subject to the terms and conditions of this Agreement, JOSIE hereby grants to Customer and its Affiliates (as defined below) a limited, non-exclusive, non-transferable, non-sublicensable license for Customer’s and its Affiliates’ employees and contractors to (1) internally (a) use, reproduce, modify, prepare derivative works based upon, and display the scores of JOSIE’s Premium Services at the tier level selected by Customer (or set forth on a Quote (as defined below), if applicable with the specifications generally promulgated by JOSIE from time to time (the “Software”), excluding Options for the Enterprise Edition unless listed on the Quote, solely (i) for its internal use in connection with the development of Customer’s and/or its Affiliates’ own software, and (ii) by the number of internal users for which Customer has paid CA; and (b) use the documentation, training materials or other materials supplied by JOSIE (the “Other JOSIE Materials”); and (2) modify the Software and publish patches to the Software, solely by the number of internal users for which Customer has paid CA. Notwithstanding anything to the contrary, Customer agrees that JOSIE and/or its licensors (as applicable) retain all right, title and interest in and to all Software incorporated in such modifications and/or patches, and all such Software may only be used, copied, modified, displayed, distributed, or otherwise exploited in full compliance with this Agreement, and with a valid JOSIE Enterprise Edition subscription for the correct number of User seats. The Software and Other JOSIE Materials are collectively referred to herein as the “Licensed Materials.” “Affiliate” means any entity(ies) controlling, controlled by, and/or under common control with a party hereto, where “control” means the ownership of more than 50% of the voting securities in such entity. "User" means each individual end-user (person or machine) of Customer and/or its Affiliates (including, without limitation, employees, agents or consultants thereof) with access to the Licensed Materials hereunder.
Subject to the terms hereof, JOSIE will provide reasonable support to Customer for the Licensed Materials as set forth at /pricing/, for the support plan selected and paid for by Customer. Notwithstanding anything to the contrary, in the event that Customer does not reasonably comply with written specifications or instructions from JOSIE’s service engineers regarding any support issue or request (including without limitation, failure to make backups of Customer’s Licensed Materials) (each, a “Support Issue”), JOSIE may terminate its support obligations to Customer with respect to such Support Issue upon fifteen (15) days’ written notice if Customer does not cure such noncompliance within the notice period.
JOSIE will use reasonable commercial efforts to respond to support questions by phone or email during the next business day at the latest. The number of support questions is not limited.
For all User Submissions, you hereby grant JOSIE a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal JOSIE account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant JOSIE the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a comparison graph, challenge, or private message to one or more other users, via an invite, nomination, or other shared Template or Sequence, or via enabling members of your organization to see your details in the Live Feed)(a “Limited Audience User Submission”), then you grant JOSIE the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, or if you share your emails using a share link (each of the foregoing, a “Public User Submission”), then you grant JOSIE the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all JOSIE users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with JOSIE’s business for any purpose, provided that JOSIE will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that - when you delete your JOSIE account - we will stop displaying your User Submissions (other than Limited Audience User Submissions and Public User Submissions, which may remain fully available to other users), but you understand and agree that it may not be possible to completely delete that content from JOSIE’s records and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. In addition, User Submissions that are sent to other users (such as emails or email attachments) may be retained by the recipient users.
Finally, you understand and agree that CA, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Any information, data, or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any Users or Parties with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content, data, and information you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activities in connection with the Services.
JOSIE has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, JOSIE will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
CANCELLATION OF MEMBERSHIP:
JOSIE is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. JOSIE has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in the deletion of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
You agree to indemnify and hold harmless CA, its affiliates, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this Agreement, including but not limited to your violation of this Agreement.
- Warranty Disclaimer:
Neither JOSIE nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We will not be responsible or liable for the uptime or reliability of the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY JOSIE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability:
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL JOSIE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO JOSIE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, you agree to indemnify and hold CA, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without JOSIE’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Ideally, if you have any concerns or complaints against CA, we would like to resolve the issue without resorting to a formal court or arbitration proceedings. Therefore, before filing a claim against CA, you agree to try to resolve the dispute informally by contacting [email protected] JOSIE will attempt to resolve the dispute informally (and will contact you via email). If a dispute is not resolved within 30 days of submission, you may bring a formal proceeding.
- Choice of Law; Arbitration:
These Terms are governed by and will be construed under the laws of Singapore, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms, that is not solved via the dispute mechanisms above, shall be finally settled in the Netherlands, in English, in accordance with the most prevalent arbitration rules and procedures of available judicial arbitration and mediation services, then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of providers of arbitration in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the county the service is located in, respectively, The Netherlands. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND JOSIE ARE EACH WAIVING THE RIGHT TO TRIAL BY COURT OR TO PARTICIPATE IN A CLASS ACTION.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the JOSIE may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and JOSIE agree that these Terms are the complete and exclusive statement of the mutual understanding between you and JOSIE and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of CA, and you do not have any authority of any kind to bind JOSIE in any respect whatsoever. You and JOSIE agree there are no third-party beneficiaries intended under these Terms.