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Privacy Collection Statement
Effective October 8th 2020
DownloadTable of Contents
At RiseSmart (a Randstad company), protecting your personal information is important to us. Please find below the privacy statement for Australia and Singapore.
This Privacy Collection Statement applies for each Randstad Group company operating in Australia from time-to-time, including:
- Randstad Pty Ltd;
- Digby Morgan Pty Ltd trading as HR Partners – a Randstad company; and
- HREXL Group Pty Ltd trading as Sageco.
(collectively referred to as Randstad in this Privacy Collection Statement)
This Privacy Collection Statement outlines how Randstad collects, discloses, uses, stores or otherwise handles your personal information.
In this Privacy Collection Statement, ‘Consulting Companies’ means services provided by HR Consulting (Randstad Pty Ltd division), RiseSmart – a Randstad company and Sageco.
1. protecting your privacy
At Randstad your privacy is important to us. We are committed to ensuring that your privacy is respected and maintained at all times. Randstad complies with all applicable privacy laws, including the 13 Australian Privacy Principles (APPs) in the Privacy Act 1988 (Privacy Act) as well as our existing obligations of confidentiality.
This Privacy Collection Statement explains how we collect information, including personal information, and how we maintain, use and disclose that information. It also provides some detail about your privacy rights along with our general rights and obligations in relation to the information we keep on record.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
- candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
- clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
- referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment; and
- participants – include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to by our Consulting Companies.
We may also collect personal information from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
2.1 candidates
If you are a candidate we collect your personal information as reasonably necessary for us to determine your suitability for work with us or through us. The main types of personal information we collect about you as a candidate are:
- your name and contact details, including your address, email address and phone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Australia and other countries;
- your tax file number and superannuation details;
- information documenting your work history with or through us (including bank account details, salary, work performance information and salary sacrifice documents);
- aptitude and psychological assessment results;
- the results of police checks, working with children checks or other background checks;
- medical reviews or assessments of you; and
- other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Sensitive information is a special category of personal information. It includes information or an opinion about your:
- racial or ethnic origin;
- political opinion;
- membership of a political association or religious beliefs, affiliations or philosophical beliefs;
- membership of a professional or trade association or membership of a trade union;
- sexual preferences or practices;
- criminal record;
- health or disability (at any time); and
- expressed wishes about the future provision of health services.
We do not actively seek to collect sensitive information unless it is necessary for our business purposes. If we do have to collect sensitive information, we will do so in accordance with the APPs. Sensitive information will, in most cases, only be disclosed with your consent.
2.2 clients
If you are our client we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organisational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our candidate
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
- your contact details including your address and telephone numbers; and
- details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you career transition services, career management services, change programs, coaching or other services provided by our Consulting Companies. The main types of personal information we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
3. who will be collecting your personal and sensitive information
Your personal and sensitive information will be collected by Randstad for its own use and on behalf of other members of the Randstad Group, who might require access to your personal and sensitive information in connection with its recruitment services.
Each time you visit our web site statistical data is collected. This data is not linked to a particular person and does not provide us with any personal information.
4. how your information will be collected
4.1 candidates
Personal and sensitive information will be collected from you directly when you attend an interview with one of our staff members. At this time you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal and sensitive information will also be collected when:
- we receive any reference about you;
- we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
- we receive the results of your work rights status;
- we receive the results of any competency or medical test;
- we receive performance feedback (whether positive or negative);
- we receive any complaint from or about you in the workplace;
- we receive any information about a workplace accident in which you are involved;
- we receive a response from a job advertisement – either written, verbal or email;
- we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
- you provide us with any additional information about you
4.2 clients
- If you are a client the ways in which we collect information about you are when:
- we meet you or communicate with you in any way; or
- when you provide your opinion or feedback regarding one of our candidates.
4.3 referees
If you are a referee the ways in which we collect personal information about you are when:
- a candidate provides us with your contact details and informs us that you have consented to such collection; and
- when we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
4.4 participants
If you are a participant the ways in which we collect personal information about you are when you:
- complete a survey or form requesting information from us;
- either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by our Consulting Companies; or
- otherwise provide us with personal information in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
4.5 General - visiting our web site & online
You can visit our web site and browse without the need to disclose any personal information.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you visit the Candidate Registration web site and register on-line for employment opportunities or visit the client resources site to register a vacancy, we do collect some personal information about you which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by Randstad staff only for the purposes for which it was intended. By submitting your personal information in this way, you acknowledge and accept our Privacy Collection Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal information until you have completed the time sheet and submit to Randstad for processing.
We do not disclose any information gathered about your visit to our web site, or personal information that you provide through the Candidate Registration process, such as your name, address etc. to any other organisation outside the Randstad Group unless you give your express consent, or if we are required to do so by law.
At times you may forward an email to us via the email link in our web site. The information collected through this email will only be used for the purpose for which you have provided it. Your details will not be added to our database, unless specified by you, nor will we disclose or use your information for any other purpose, than the intended purpose.
5. use of your personal information
5.1 candidates
Your personal and sensitive information may be used in connection with:
- your actual or possible work placement;
- checking your work rights status with any government department or body (or their agents);
- to undertake directly or through agent criminal reference checking with relevant government agencies;
- payment for work completed on a temporary/contract assignment;
- follow up with you to offer you work or ascertain your availability for work;
- your performance appraisals;
- our assessment of your ongoing performance and prospects;
- any test or assessment (including medical tests and assessments) that you might be required to undergo;
- our identification of your training needs;
- any workplace rehabilitation;
- our management of any complaint, investigation or inquiry in which you are involved;
- any insurance claim or proposal that requires disclosure of your personal or sensitive information;
- to tell you about the other services that we may provide; and
- ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
5.2 clients
Personal information that we collect, hold, use and disclose about clients is typically used for:
- client and business relationship management;
- recruitment functions;
- marketing services to you;
- statistical purposes and statutory compliance requirements; and
- risk management.
5.3 referees
Personal information that we collect, hold, use and disclose about referees is typically used for:
- to confirm identity and authority to provide references;
- candidate suitability assessment; and
- recruitment functions.
5.4 participants
Your personal and sensitive information may be used in connection with (as relevant):
- to communicate with and provide information requested by you;
- outplacement or redeployment;
- provision of career management programs and associated services;
- provision of services in connection with change programs; and
- executive coaching and associated services.
5.5 our policy on direct marketing
We may sometimes use personal information for marketing purposes but only in the following ways:
- we will contact candidates and participants (where relevant) while they are registered us with updates in relation to employment opportunities, market information and promotions from time to time;
- we will send subscribers to our website news and job alerts to which they have subscribed; and
- we will contact clients with whom we have a relationship with market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications and we will remain compliant with anti-spam legislation. Personal information is not used by or disclosed to any third party for marketing purposes.
6. disclosure of your information
6.1 candidates
Your personal and sensitive information may be disclosed to:
- potential and actual employers and clients of Randstad;
- referees;
- other members of Randstad, clients and third party service providers and suppliers located in Randstad’s worldwide locations. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations;
- a professional association or registration body that has a proper interest in the disclosure of your personal and sensitive information;
- our insurers;
- a Workers Compensation body;
- any government department or body (or their agents) to verify your work rights status;
- a designated, registered training provider in relation to training and personal development opportunities; and
- any person with a lawful entitlement to obtain the information.
We will advise you of our intentions and gain consent before we refer your personal information to our clients for possible work opportunities.
6.2 participants
Your personal information may be disclosed for the purpose for which it is collected. That is, generally, our Consulting Companies will only disclose your personal information for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal information to clients who may be your potential or actual employer. Our Consulting Companies may also disclose your personal information to the parties listed in section 6.1.
6.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal information.
Typically our CSPs would include:
- software solutions providers;
- I.T. contractors and database designers and Internet service suppliers;
- legal and other professional advisors;
- insurance brokers, loss assessors and underwriters;
- background checking and screening agents; and
- talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the Privacy Act to protect the privacy of your personal information and that they will not do anything that would cause us to breach those obligations.
7. if you do not give us the information we seek
You can refuse to provide us with your personal (including sensitive information). However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
8. how does randstad protect the security of your information
We take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal information is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information.
Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
We use secure methods to destroy or de-identify personal information as soon as the law permits and provided that the information is no longer needed by us. When you advise us that you are no longer looking for work opportunities and therefore do not wish to be registered with us, we will de-identify your data base record and destroy your personal information, unless you advise us otherwise or unless it is a requirement by law such as retained tax/wages information.
9. you can gain access to your information to correct it if it is wrong
9.1 General
Subject to some exceptions which are set out in the APPs (APP 12 – Access and APP 13 - Correction), you have a right to see and have a copy of personal and sensitive information about you that we hold.
If you are able to establish that personal or sensitive information that we hold about you is not accurate, complete and up- to-date, we will take reasonable steps to correct it so that it is accurate, complete and up-to-date.
If we are unable to agree that personal or sensitive information that we hold about you is accurate, complete and up-to- date, you may ask us to place with the information a statement by you that claims that particular information is not accurate, complete and up-to-date.
If you wish to exercise your rights of access and correction you should contact our Privacy Officer, whose details are listed in section 13.
In some cases we may impose a moderate charge for providing access to personal or sensitive information. We will not charge you simply because you lodge a request for access.
9.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
10. external sites
External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their Privacy Statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
11. changes to our privacy policy
If at any time our privacy policy changes, the updated details will always be available on our web site for your perusal. If at any time you have a question or concern regarding Randstad and privacy, please contact us at privacy@randstad.com.au.
12. Information Statement: your rights as a candidate in New South Wales and Queensland
- we will not charge you a fee for the purpose of finding employment including in contravention of section 408D of the Industrial Relations Act 1999 (QLD).
- we will not engage in misleading or deceptive conduct (such as advertising a position as being available when we know no such position exists or knowingly giving misleading information to you about the nature of a position) and we will ensure that all placements are made in accordance with any legislative requirements.
- we and our employees having a working knowledge of State and Commonwealth legislation affecting the placement and employment of persons seeking work.
- if you believe that we have acted inappropriately, illegally, or in a false and misleading way you may contact the relevant department (e.g. Office of Fair Trading in New South Wales or the Department of Justice and Attorney-General in Queensland) for information on possible action that may be taken.
13. how to contact us
If you have any questions in relation to privacy or wish to make an access request or a privacy complaint, please contact the Privacy Officer on the details below during normal office hours 9.00am to 5.30pm Monday to Friday. Our Privacy Officer will contact you within a reasonable time (not exceeding 30 days) after receipt of your request or complaint to discuss your concerns and to outline options regarding how they may be resolved.
General information about privacy may be found at: http://www.privacy.gov.au/ and http://www.oaic.gov.au/
Randstad Privacy Officer
Phone: 1800 661 026 / +61 2 8258 9829
At Randstad, protecting your personal data is important to us. We are committed to ensuring that your privacy is respected and maintained at all times and have based this Privacy Statement on the Personal Data Protection Act 2012 (PDPA) as well as our existing obligations of confidentiality.
“personal data” means data, whether true or not, about an individual who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access. The following are some examples of personal data: name, address, telephone number, NRIC/passport number and e-mail address.
1. what does this privacy statement cover?
This Privacy Statement explains how Randstad Pte. Limited (doing business as RiseSmart) collects personal data and how we maintain, use and disclose that information. It also provides details about your privacy rights, along with our general rights and obligations in relation to the personal data we keep on record.
By continuing to use our services via our website or by providing personal data to us, you agree to the collection, use and disclosure of your personal data in the manner set out in this Privacy Statement.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment; and
participants - include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to.
We may also collect personal data from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
2.1 candidates
If you are a candidate we collect your personal data as reasonably necessary for us to determine your suitability for work with us or through us. Some examples of personal data that we may collect about you as a candidate are:
your name and contact details, including your address, email address and phone numbers;
your date of birth;
your gender;
information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
details of your work rights in Singapore/other countries;
your tax file number and related details;
information documenting your work history with or through us (including bank account details, salary and work performance information);
aptitude and psychological assessment results;
the results of background checks; and
other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Randstad only collects, uses and discloses personal data with your consent or deemed consent or as otherwise permitted under the PDPA or other applicable laws and regulations.
2.2 clients
If you are our client, we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
your contact details including your address and telephone numbers;
details of your job title/description and organisational needs; and
records of our interaction with you and confidential feedback you may give us regarding our candidates.
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
your contact details including your address and telephone numbers; and
details of your job title/description; and
your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you career transition services, career management services, change programs, coaching or other services provided by us. The main types of personal data we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
3. who will be collecting your personal data
Your personal data will be collected by Randstad for its own use and on behalf of other members of the Randstad Group, who might require access to your personal data in connection with its recruitment services. Each time you visit our web site statistical data is collected. This data is not linked to a particular person and does not provide us with any personal data.
4. how your personal data will be collected
4.1 candidates
Personal data will be collected from you directly when you attend an interview with one of our staff
members. At this time or prior to such interview, you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal data will also be collected when:
we receive any reference about you;
we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
we receive the results of your work rights status;
we receive the results of any competency or medical test;
we receive performance feedback (whether positive or negative);
we receive any complaint from or about you in the workplace;
we receive any information about a workplace accident in which you are involved;
we receive a response from a job advertisement – either written, verbal or email;
we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
you provide us with any additional information about you.
4.2 clients
If you are a client the ways in which we collect information about you are when:
we meet you or communicate with you in any way; or
when you provide your opinion or feedback regarding one of our candidates.
4.3 referees
If you are a referee the ways in which we collect personal data about you are when:
a candidate provides us with your contact details and informs us that you have consented to such collection; and
when we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
4.4 participants
If you are a participant the ways in which we collect personal data about you are when you:
complete a survey or form requesting information from us;
either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by us; or
otherwise provide us with personal data in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
4.5 general - visiting our web site & online
You can visit our web site and browse without the need to disclose any personal data.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you visit the Candidate Registration web site and register on-line for employment opportunities or, visit the client resources site to register a vacancy, we do collect some personal data about you, which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by a Randstad staff only for the purposes for which it was intended. By submitting your personal data in this way, you acknowledge and accept our Privacy Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal data until you have completed the time sheet and submit it to Randstad for processing.
You can also view our advertisements on authorized third party recruitment websites which may either direct you to the Randstad website for you to log in and submit your application with personal data, or allow you to submit such data via the submit function of the third party website. If you submit your information to us through a third party website, please ensure that you read their privacy statement. Any personal data we receive we will assume that you have consented to allow us to collect, use, and disclose (as described in this Privacy Statement) your personal data for the purposes of evaluating your candidacy in relation to the vacancy posted or other vacancies which we may decide to engage in the future.
5. use of your personal data
5.1 candidates
Your personal data may be used in connection with:
your actual or possible work placement;
checking your work rights status with any government department or body (or their agents);
Where legally permitted, to undertake directly or through agents a criminal reference check with relevant government agencies, background checks or credit checks;
payment for work completed on a temporary/contract assignment;
to follow up with you to offer you work or ascertain your availability for work;
your performance appraisals;
our assessment of your ongoing performance and prospects;
any test or assessment (including medical tests and assessments) that you might be required to undergo;
our identification of your training needs;
any workplace rehabilitation;
our management of any complaint, investigation or inquiry in which you are involved;
any insurance claim or proposal that requires disclosure of your personal data;
to tell you about the other services that we may provide; and
ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
5.2 clients
Personal data that we collect, hold, use and disclose about clients is typically used for:
client and business relationship management;
recruitment functions;
marketing services to you;
statistical purposes and statutory compliance requirements; and
risk management.
5.3 referees
Personal data that we collect, hold, use and disclose about referees is typically used for:
to confirm identity and authority to provide references;
candidate suitability assessment; and
recruitment functions.
5.4 participants
Your personal data may be used in connection with (as relevant):
to communicate with and provide information requested by you;
outplacement or redeployment;
provision of career management programs and associated services;
provision of services in connection with change programs; and
executive coaching and associated services.
6. disclosure of your information
6.1 candidates
Your personal data may be disclosed to:
potential and actual employers and clients of Randstad;
referees;
other members of Randstad, clients and third party service providers and suppliers located in Randstad’s worldwide locations. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations;
a professional association or registration body that has a proper interest in the disclosure of your personal data;
our insurers;
any government department or body (or their agents) to verify your work rights status;
a designated, registered training provider in relation to training and personal development opportunities;
any person with a lawful entitlement to obtain the information;
Select third parties including suppliers and sub-contractors for the performance of any contract we enter into with them; and
(Where permitted by law) third party providers of criminal, background or credit checking services.
We will advise you of our intentions and gain consent before we refer your personal data to our clients for possible work opportunities.
6.2 participants
Your personal data may be disclosed for the purpose for which it is collected. That is, generally, we will only disclose your personal data for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal data to clients who may be your potential or actual employer. We may also disclose your personal data to the parties listed in section 6.1.
6.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal data.
Typically our CSPs would include:
software solutions providers;
I.T. contractors and database designers and Internet service suppliers;
legal and other professional advisors;
insurance brokers, loss assessors and underwriters;
background checking and screening agents; and
talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the PDPA to protect the privacy of your personal data and that they will not do anything that would cause us to breach those obligations.
Once we establish and maintain an employment, staffing or placement relationship with you, we use the data you provided to us, to comply with laws and regulations, including but not limited to employment law, tax and social security and national and international sanctions regulation compliance. For the purposes mentioned above, Randstad may transfer your personal data to other Randstad entities that provide services on behalf of Randstad.
7. personal data of referees (relevant to candidates)
The submission of references is essential to the recruitment process as we give critical consideration to any input provided to us by your referees.
In submitting your application, you shall be required to submit the names and other personal data of referees you wish us to contact. Before you give us any personal data about your referees, you must notify each referee with the purpose of Randstad’s use of their personal data and obtain their permission to disclose to us their data for the purposes of evaluating your candidacy for current or future vacancies that we may engage with you from time to time.
8. if you do not give us the information we seek
You can refuse to provide us with your personal data. However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
9. direct marketing
We may sometimes use personal data for marketing purposes but only in the following ways:
we will contact candidates and participants (where relevant) while they are registered with us with updates in relation to employment opportunities, market information and promotions from time to time;
we will send subscribers to our website news and job alerts to which they have subscribed; and
we will contact clients with whom we have a relationship with market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications. We usually use email, phone and/or SMS. If you wish to change your preferences for contacts, please go to www.randstad.com.sg/my-randstad/.
10. how does Randstad protect the security of your information
We take all reasonable steps to protect your personal data from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal data is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information. Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
As our information technology storage facilities and servers may be located in other jurisdictions, your personal data may be transferred to, stored, used and processed in a jurisdiction other than Singapore. You understand and consent to the transfer of your Personal Data out of Singapore as described herein and under sections 6.1 and 6.3.
Where we transfer your personal data to a country outside of Singapore, we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
11. accuracy of personal data
We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
12. your rights - withdrawing your consent
You are entitled to withdraw your consent for the collection, use and disclosure of your personal data by giving Randstad reasonable notice by sending a written request to our Data Protection Officer at the contact details provided below.
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the implications of such withdrawal.
We may also ask you to verify your identity and for more information about your request.
In general (and provided you have given us sufficient information for us to process your request), we shall seek to respond/process your request within ten (10) business days of receiving it.
In general (and provided you have given us sufficient information for us to process your request), we shall seek to respond/process your request within ten (10) business days of receiving it.
Please note that withdrawing your consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is required/permitted under applicable laws.
13. your rights – correcting information you have provided
13.1 general
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
13.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
14. retention of personal data
We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
15. using our website
As with most websites, when you visit our website, we may record anonymous information such as IP address (where not used to identify a specific individual), time, date, referring URL, pages accessed and documents downloaded, type of browser and operating system.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
16. external sites
Our website or communications may contain links to or from other websites. External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their privacy statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
17. changes to this privacy statement
Our Privacy Statement is reviewed and updated regularly, and the updated details will always be available on our web site.
18. how to contact us about this privacy statement
If you wish to contact us about any concerns or queries in relation to your personal data or this Privacy Statement, please contact:
Randstad Singapore Data Privacy Officer
email: privacy@randstad.com.sg
address: Randstad Pte Ltd, 50 Raffles Place, #17-02 Singapore Land Tower, Singapore, 048623
email: privacy@randstad.com.sg
address: Randstad Pte Ltd, 50 Raffles Place, #17-02 Singapore Land Tower, Singapore, 048623
Effective January 14th 2020 to October 8th 2020
DownloadTable of Contents
At RiseSmart (a Randstad company), protecting your personal information is important to us. Please find below the privacy statement for Australia and Singapore.
This Privacy Collection Statement applies for each Randstad Group company operating in Australia from time-to-time, including:
- Randstad Pty Ltd;
- Digby Morgan Pty Ltd trading as HR Partners – a Randstad company; and
- HREXL Group Pty Ltd trading as Sageco.
(collectively referred to as Randstad in this Privacy Collection Statement)
This Privacy Collection Statement outlines how Randstad collects, discloses, uses, stores or otherwise handles your personal information.
In this Privacy Collection Statement, ‘Consulting Companies’ means services provided by HR Consulting (Randstad Pty Ltd division), RiseSmart – a Randstad company and Sageco.
1. protecting your privacy
At Randstad your privacy is important to us. We are committed to ensuring that your privacy is respected and maintained at all times. Randstad complies with all applicable privacy laws, including the 13 Australian Privacy Principles (APPs) in the Privacy Act 1988 (Privacy Act) as well as our existing obligations of confidentiality.
This Privacy Collection Statement explains how we collect information, including personal information, and how we maintain, use and disclose that information. It also provides some detail about your privacy rights along with our general rights and obligations in relation to the information we keep on record.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
- candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
- clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
- referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment; and
- participants – include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to by our Consulting Companies.
We may also collect personal information from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
2.1 candidates
If you are a candidate we collect your personal information as reasonably necessary for us to determine your suitability for work with us or through us. The main types of personal information we collect about you as a candidate are:
- your name and contact details, including your address, email address and phone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Australia and other countries;
- your tax file number and superannuation details;
- information documenting your work history with or through us (including bank account details, salary, work performance information and salary sacrifice documents);
- aptitude and psychological assessment results;
- the results of police checks, working with children checks or other background checks;
- medical reviews or assessments of you; and
- other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Sensitive information is a special category of personal information. It includes information or an opinion about your:
- racial or ethnic origin;
- political opinion;
- membership of a political association or religious beliefs, affiliations or philosophical beliefs;
- membership of a professional or trade association or membership of a trade union;
- sexual preferences or practices;
- criminal record;
- health or disability (at any time); and
- expressed wishes about the future provision of health services.
We do not actively seek to collect sensitive information unless it is necessary for our business purposes. If we do have to collect sensitive information, we will do so in accordance with the APPs. Sensitive information will, in most cases, only be disclosed with your consent.
2.2 clients
If you are our client we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organisational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our candidate
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
- your contact details including your address and telephone numbers; and
- details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you career transition services, career management services, change programs, coaching or other services provided by our Consulting Companies. The main types of personal information we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
3. who will be collecting your personal and sensitive information
Your personal and sensitive information will be collected by Randstad for its own use and on behalf of other members of the Randstad Group, who might require access to your personal and sensitive information in connection with its recruitment services.
Each time you visit our web site statistical data is collected. This data is not linked to a particular person and does not provide us with any personal information.
4. how your information will be collected
4.1 candidates
Personal and sensitive information will be collected from you directly when you attend an interview with one of our staff members. At this time you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal and sensitive information will also be collected when:
- we receive any reference about you;
- we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
- we receive the results of your work rights status;
- we receive the results of any competency or medical test;
- we receive performance feedback (whether positive or negative);
- we receive any complaint from or about you in the workplace;
- we receive any information about a workplace accident in which you are involved;
- we receive a response from a job advertisement – either written, verbal or email;
- we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
- you provide us with any additional information about you
4.2 clients
- If you are a client the ways in which we collect information about you are when:
- we meet you or communicate with you in any way; or
- when you provide your opinion or feedback regarding one of our candidates.
4.3 referees
If you are a referee the ways in which we collect personal information about you are when:
- a candidate provides us with your contact details and informs us that you have consented to such collection; and
- when we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
4.4 participants
If you are a participant the ways in which we collect personal information about you are when you:
- complete a survey or form requesting information from us;
- either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by our Consulting Companies; or
- otherwise provide us with personal information in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
4.5 General - visiting our web site & online
You can visit our web site and browse without the need to disclose any personal information.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you visit the Candidate Registration web site and register on-line for employment opportunities or visit the client resources site to register a vacancy, we do collect some personal information about you which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by Randstad staff only for the purposes for which it was intended. By submitting your personal information in this way, you acknowledge and accept our Privacy Collection Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal information until you have completed the time sheet and submit to Randstad for processing.
We do not disclose any information gathered about your visit to our web site, or personal information that you provide through the Candidate Registration process, such as your name, address etc. to any other organisation outside the Randstad Group unless you give your express consent, or if we are required to do so by law.
At times you may forward an email to us via the email link in our web site. The information collected through this email will only be used for the purpose for which you have provided it. Your details will not be added to our database, unless specified by you, nor will we disclose or use your information for any other purpose, than the intended purpose.
5. use of your personal information
5.1 candidates
Your personal and sensitive information may be used in connection with:
- your actual or possible work placement;
- checking your work rights status with any government department or body (or their agents);
- to undertake directly or through agent criminal reference checking with relevant government agencies;
- payment for work completed on a temporary/contract assignment;
- follow up with you to offer you work or ascertain your availability for work;
- your performance appraisals;
- our assessment of your ongoing performance and prospects;
- any test or assessment (including medical tests and assessments) that you might be required to undergo;
- our identification of your training needs;
- any workplace rehabilitation;
- our management of any complaint, investigation or inquiry in which you are involved;
- any insurance claim or proposal that requires disclosure of your personal or sensitive information;
- to tell you about the other services that we may provide; and
- ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
5.2 clients
Personal information that we collect, hold, use and disclose about clients is typically used for:
- client and business relationship management;
- recruitment functions;
- marketing services to you;
- statistical purposes and statutory compliance requirements; and
- risk management.
5.3 referees
Personal information that we collect, hold, use and disclose about referees is typically used for:
- to confirm identity and authority to provide references;
- candidate suitability assessment; and
- recruitment functions.
5.4 participants
Your personal and sensitive information may be used in connection with (as relevant):
- to communicate with and provide information requested by you;
- outplacement or redeployment;
- provision of career management programs and associated services;
- provision of services in connection with change programs; and
- executive coaching and associated services.
5.5 our policy on direct marketing
We may sometimes use personal information for marketing purposes but only in the following ways:
- we will contact candidates and participants (where relevant) while they are registered us with updates in relation to employment opportunities, market information and promotions from time to time;
- we will send subscribers to our website news and job alerts to which they have subscribed; and
- we will contact clients with whom we have a relationship with market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications and we will remain compliant with anti-spam legislation. Personal information is not used by or disclosed to any third party for marketing purposes.
6. disclosure of your information
6.1 candidates
Your personal and sensitive information may be disclosed to:
- potential and actual employers and clients of Randstad;
- referees;
- other members of Randstad, clients and third party service providers and suppliers located in Randstad’s worldwide locations. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations;
- a professional association or registration body that has a proper interest in the disclosure of your personal and sensitive information;
- our insurers;
- a Workers Compensation body;
- any government department or body (or their agents) to verify your work rights status;
- a designated, registered training provider in relation to training and personal development opportunities; and
- any person with a lawful entitlement to obtain the information.
We will advise you of our intentions and gain consent before we refer your personal information to our clients for possible work opportunities.
6.2 participants
Your personal information may be disclosed for the purpose for which it is collected. That is, generally, our Consulting Companies will only disclose your personal information for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal information to clients who may be your potential or actual employer. Our Consulting Companies may also disclose your personal information to the parties listed in section 6.1.
6.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal information.
Typically our CSPs would include:
- software solutions providers;
- I.T. contractors and database designers and Internet service suppliers;
- legal and other professional advisors;
- insurance brokers, loss assessors and underwriters;
- background checking and screening agents; and
- talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the Privacy Act to protect the privacy of your personal information and that they will not do anything that would cause us to breach those obligations.
7. if you do not give us the information we seek
You can refuse to provide us with your personal (including sensitive information). However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
8. how does randstad protect the security of your information
We take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal information is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information.
Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
We use secure methods to destroy or de-identify personal information as soon as the law permits and provided that the information is no longer needed by us. When you advise us that you are no longer looking for work opportunities and therefore do not wish to be registered with us, we will de-identify your data base record and destroy your personal information, unless you advise us otherwise or unless it is a requirement by law such as retained tax/wages information.
9. you can gain access to your information to correct it if it is wrong
9.1 General
Subject to some exceptions which are set out in the APPs (APP 12 – Access and APP 13 - Correction), you have a right to see and have a copy of personal and sensitive information about you that we hold.
If you are able to establish that personal or sensitive information that we hold about you is not accurate, complete and up- to-date, we will take reasonable steps to correct it so that it is accurate, complete and up-to-date.
If we are unable to agree that personal or sensitive information that we hold about you is accurate, complete and up-to- date, you may ask us to place with the information a statement by you that claims that particular information is not accurate, complete and up-to-date.
If you wish to exercise your rights of access and correction you should contact our Privacy Officer, whose details are listed in section 13.
In some cases we may impose a moderate charge for providing access to personal or sensitive information. We will not charge you simply because you lodge a request for access.
9.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
10. external sites
External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their Privacy Statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
11. changes to our privacy policy
If at any time our privacy policy changes, the updated details will always be available on our web site for your perusal. If at any time you have a question or concern regarding Randstad and privacy, please contact us at privacy@randstad.com.au.
12. Information Statement: your rights as a candidate in New South Wales and Queensland
- we will not charge you a fee for the purpose of finding employment including in contravention of section 408D of the Industrial Relations Act 1999 (QLD).
- we will not engage in misleading or deceptive conduct (such as advertising a position as being available when we know no such position exists or knowingly giving misleading information to you about the nature of a position) and we will ensure that all placements are made in accordance with any legislative requirements.
- we and our employees having a working knowledge of State and Commonwealth legislation affecting the placement and employment of persons seeking work.
- if you believe that we have acted inappropriately, illegally, or in a false and misleading way you may contact the relevant department (e.g. Office of Fair Trading in New South Wales or the Department of Justice and Attorney-General in Queensland) for information on possible action that may be taken.
13. how to contact us
If you have any questions in relation to privacy or wish to make an access request or a privacy complaint, please contact the Privacy Officer on the details below during normal office hours 9.00am to 5.30pm Monday to Friday. Our Privacy Officer will contact you within a reasonable time (not exceeding 30 days) after receipt of your request or complaint to discuss your concerns and to outline options regarding how they may be resolved.
General information about privacy may be found at: http://www.privacy.gov.au/ and http://www.oaic.gov.au/
Randstad Privacy Officer
Phone: 1800 661 026 / +61 2 8258 9829
At Randstad, protecting your personal data is important to us. We are committed to ensuring that your privacy is respected and maintained at all times and have based this Privacy Statement on the Personal Data Protection Act 2012 (PDPA) as well as our existing obligations of confidentiality.
“personal data” means data, whether true or not, about an individual who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access. The following are some examples of personal data: name, address, telephone number, NRIC/passport number and e-mail address.
1. what does this privacy statement cover?
This Privacy Statement explains how Randstad Pte. Limited (doing business as RiseSmart) collects personal data and how we maintain, use and disclose that information. It also provides details about your privacy rights, along with our general rights and obligations in relation to the personal data we keep on record.
By continuing to use our services via our website or by providing personal data to us, you agree to the collection, use and disclosure of your personal data in the manner set out in this Privacy Statement.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment; and
participants - include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to.
We may also collect personal data from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
2.1 candidates
If you are a candidate we collect your personal data as reasonably necessary for us to determine your suitability for work with us or through us. Some examples of personal data that we may collect about you as a candidate are:
your name and contact details, including your address, email address and phone numbers;
your date of birth;
your gender;
information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
details of your work rights in Singapore/other countries;
your tax file number and related details;
information documenting your work history with or through us (including bank account details, salary and work performance information);
aptitude and psychological assessment results;
the results of background checks; and
other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Randstad only collects, uses and discloses personal data with your consent or deemed consent or as otherwise permitted under the PDPA or other applicable laws and regulations.
2.2 clients
If you are our client, we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
your contact details including your address and telephone numbers;
details of your job title/description and organisational needs; and
records of our interaction with you and confidential feedback you may give us regarding our candidates.
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
your contact details including your address and telephone numbers; and
details of your job title/description; and
your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you career transition services, career management services, change programs, coaching or other services provided by us. The main types of personal data we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
3. who will be collecting your personal data
Your personal data will be collected by Randstad for its own use and on behalf of other members of the Randstad Group, who might require access to your personal data in connection with its recruitment services. Each time you visit our web site statistical data is collected. This data is not linked to a particular person and does not provide us with any personal data.
4. how your personal data will be collected
4.1 candidates
Personal data will be collected from you directly when you attend an interview with one of our staff
members. At this time or prior to such interview, you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal data will also be collected when:
we receive any reference about you;
we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
we receive the results of your work rights status;
we receive the results of any competency or medical test;
we receive performance feedback (whether positive or negative);
we receive any complaint from or about you in the workplace;
we receive any information about a workplace accident in which you are involved;
we receive a response from a job advertisement – either written, verbal or email;
we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
you provide us with any additional information about you.
4.2 clients
If you are a client the ways in which we collect information about you are when:
we meet you or communicate with you in any way; or
when you provide your opinion or feedback regarding one of our candidates.
4.3 referees
If you are a referee the ways in which we collect personal data about you are when:
a candidate provides us with your contact details and informs us that you have consented to such collection; and
when we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
4.4 participants
If you are a participant the ways in which we collect personal data about you are when you:
complete a survey or form requesting information from us;
either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by us; or
otherwise provide us with personal data in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
4.5 general - visiting our web site & online
You can visit our web site and browse without the need to disclose any personal data.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you visit the Candidate Registration web site and register on-line for employment opportunities or, visit the client resources site to register a vacancy, we do collect some personal data about you, which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by a Randstad staff only for the purposes for which it was intended. By submitting your personal data in this way, you acknowledge and accept our Privacy Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal data until you have completed the time sheet and submit it to Randstad for processing.
You can also view our advertisements on authorized third party recruitment websites which may either direct you to the Randstad website for you to log in and submit your application with personal data, or allow you to submit such data via the submit function of the third party website. If you submit your information to us through a third party website, please ensure that you read their privacy statement. Any personal data we receive we will assume that you have consented to allow us to collect, use, and disclose (as described in this Privacy Statement) your personal data for the purposes of evaluating your candidacy in relation to the vacancy posted or other vacancies which we may decide to engage in the future.
5. use of your personal data
5.1 candidates
Your personal data may be used in connection with:
your actual or possible work placement;
checking your work rights status with any government department or body (or their agents);
Where legally permitted, to undertake directly or through agents a criminal reference check with relevant government agencies, background checks or credit checks;
payment for work completed on a temporary/contract assignment;
to follow up with you to offer you work or ascertain your availability for work;
your performance appraisals;
our assessment of your ongoing performance and prospects;
any test or assessment (including medical tests and assessments) that you might be required to undergo;
our identification of your training needs;
any workplace rehabilitation;
our management of any complaint, investigation or inquiry in which you are involved;
any insurance claim or proposal that requires disclosure of your personal data;
to tell you about the other services that we may provide; and
ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
5.2 clients
Personal data that we collect, hold, use and disclose about clients is typically used for:
client and business relationship management;
recruitment functions;
marketing services to you;
statistical purposes and statutory compliance requirements; and
risk management.
5.3 referees
Personal data that we collect, hold, use and disclose about referees is typically used for:
to confirm identity and authority to provide references;
candidate suitability assessment; and
recruitment functions.
5.4 participants
Your personal data may be used in connection with (as relevant):
to communicate with and provide information requested by you;
outplacement or redeployment;
provision of career management programs and associated services;
provision of services in connection with change programs; and
executive coaching and associated services.
6. disclosure of your information
6.1 candidates
Your personal data may be disclosed to:
potential and actual employers and clients of Randstad;
referees;
other members of Randstad, clients and third party service providers and suppliers located in Randstad’s worldwide locations. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations;
a professional association or registration body that has a proper interest in the disclosure of your personal data;
our insurers;
any government department or body (or their agents) to verify your work rights status;
a designated, registered training provider in relation to training and personal development opportunities;
any person with a lawful entitlement to obtain the information;
Select third parties including suppliers and sub-contractors for the performance of any contract we enter into with them; and
(Where permitted by law) third party providers of criminal, background or credit checking services.
We will advise you of our intentions and gain consent before we refer your personal data to our clients for possible work opportunities.
6.2 participants
Your personal data may be disclosed for the purpose for which it is collected. That is, generally, we will only disclose your personal data for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal data to clients who may be your potential or actual employer. We may also disclose your personal data to the parties listed in section 6.1.
6.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal data.
Typically our CSPs would include:
software solutions providers;
I.T. contractors and database designers and Internet service suppliers;
legal and other professional advisors;
insurance brokers, loss assessors and underwriters;
background checking and screening agents; and
talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the PDPA to protect the privacy of your personal data and that they will not do anything that would cause us to breach those obligations.
Once we establish and maintain an employment, staffing or placement relationship with you, we use the data you provided to us, to comply with laws and regulations, including but not limited to employment law, tax and social security and national and international sanctions regulation compliance. For the purposes mentioned above, Randstad may transfer your personal data to other Randstad entities that provide services on behalf of Randstad.
7. personal data of referees (relevant to candidates)
The submission of references is essential to the recruitment process as we give critical consideration to any input provided to us by your referees.
In submitting your application, you shall be required to submit the names and other personal data of referees you wish us to contact. Before you give us any personal data about your referees, you must notify each referee with the purpose of Randstad’s use of their personal data and obtain their permission to disclose to us their data for the purposes of evaluating your candidacy for current or future vacancies that we may engage with you from time to time.
8. if you do not give us the information we seek
You can refuse to provide us with your personal data. However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
9. direct marketing
We may sometimes use personal data for marketing purposes but only in the following ways:
we will contact candidates and participants (where relevant) while they are registered with us with updates in relation to employment opportunities, market information and promotions from time to time;
we will send subscribers to our website news and job alerts to which they have subscribed; and
we will contact clients with whom we have a relationship with market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications. We usually use email, phone and/or SMS. If you wish to change your preferences for contacts, please go to www.randstad.com.sg/my-randstad/.
10. how does Randstad protect the security of your information
We take all reasonable steps to protect your personal data from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal data is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information. Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
As our information technology storage facilities and servers may be located in other jurisdictions, your personal data may be transferred to, stored, used and processed in a jurisdiction other than Singapore. You understand and consent to the transfer of your Personal Data out of Singapore as described herein and under sections 6.1 and 6.3.
Where we transfer your personal data to a country outside of Singapore, we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
11. accuracy of personal data
We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
12. your rights - withdrawing your consent
You are entitled to withdraw your consent for the collection, use and disclosure of your personal data by giving Randstad reasonable notice by sending a written request to our Data Protection Officer at the contact details provided below.
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the implications of such withdrawal.
We may also ask you to verify your identity and for more information about your request.
In general (and provided you have given us sufficient information for us to process your request), we shall seek to respond/process your request within ten (10) business days of receiving it.
In general (and provided you have given us sufficient information for us to process your request), we shall seek to respond/process your request within ten (10) business days of receiving it.
Please note that withdrawing your consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is required/permitted under applicable laws.
13. your rights – correcting information you have provided
13.1 general
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
13.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
14. retention of personal data
We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
15. using our website
As with most websites, when you visit our website, we may record anonymous information such as IP address (where not used to identify a specific individual), time, date, referring URL, pages accessed and documents downloaded, type of browser and operating system.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
16. external sites
Our website or communications may contain links to or from other websites. External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their privacy statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
17. changes to this privacy statement
Our Privacy Statement is reviewed and updated regularly, and the updated details will always be available on our web site.
18. how to contact us about this privacy statement
If you wish to contact us about any concerns or queries in relation to your personal data or this Privacy Statement, please contact:
Randstad Singapore Data Privacy Officer
email: privacy@randstad.com.sg
address: Randstad Pte Ltd, 50 Raffles Place, #17-02 Singapore Land Tower, Singapore, 048623
email: privacy@randstad.com.sg
address: Randstad Pte Ltd, 50 Raffles Place, #17-02 Singapore Land Tower, Singapore, 048623
Effective November 20th 2019 to January 14th 2020
DownloadTable of Contents
At RiseSmart (a Randstad company), protecting your personal information is important to us. Please find below the privacy statement for Australia and Singapore.
privacy collection statement - Australia
This Privacy Collection Statement applies for each Randstad Group company operating in Australia from time-to-time, including:
- Randstad Pty Ltd;
- Digby Morgan Pty Ltd trading as HR Partners – a Randstad company; and
- HREXL Group Pty Ltd trading as Sageco.
(collectively referred to as Randstad in this Privacy Collection Statement)
This Privacy Collection Statement outlines how Randstad collects, discloses, uses, stores or otherwise handles your personal information.
In this Privacy Collection Statement, ‘Consulting Companies’ means services provided by HR Consulting (Randstad Pty Ltd division), RiseSmart – a Randstad company and Sageco.
1. protecting your privacy
At Randstad your privacy is important to us. We are committed to ensuring that your privacy is respected and maintained at all times. Randstad complies with all applicable privacy laws, including the 13 Australian Privacy Principles (APPs) in the Privacy Act 1988 (Privacy Act) as well as our existing obligations of confidentiality.
This Privacy Collection Statement explains how we collect information, including personal information, and how we maintain, use and disclose that information. It also provides some detail about your privacy rights along with our general rights and obligations in relation to the information we keep on record.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
- candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
- clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
- referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment; and
- participants – include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to by our Consulting Companies.
We may also collect personal information from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
2.1 candidates
If you are a candidate we collect your personal information as reasonably necessary for us to determine your suitability for work with us or through us. The main types of personal information we collect about you as a candidate are:
- your name and contact details, including your address, email address and phone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Australia and other countries;
- your tax file number and superannuation details;
- information documenting your work history with or through us (including bank account details, salary, work performance information and salary sacrifice documents);
- aptitude and psychological assessment results;
- the results of police checks, working with children checks or other background checks;
- medical reviews or assessments of you; and
- other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Sensitive information is a special category of personal information. It includes information or an opinion about your:
- racial or ethnic origin;
- political opinion;
- membership of a political association or religious beliefs, affiliations or philosophical beliefs;
- membership of a professional or trade association or membership of a trade union;
- sexual preferences or practices;
- criminal record;
- health or disability (at any time); and
- expressed wishes about the future provision of health services.
We do not actively seek to collect sensitive information unless it is necessary for our business purposes. If we do have to collect sensitive information, we will do so in accordance with the APPs. Sensitive information will, in most cases, only be disclosed with your consent.
2.2 clients
If you are our client we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organisational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our candidate
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
- your contact details including your address and telephone numbers; and
- details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you career transition services, career management services, change programs, coaching or other services provided by our Consulting Companies. The main types of personal information we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
3. who will be collecting your personal and sensitive information
Your personal and sensitive information will be collected by Randstad for its own use and on behalf of other members of the Randstad Group, who might require access to your personal and sensitive information in connection with its recruitment services.
Each time you visit our web site statistical data is collected. This data is not linked to a particular person and does not provide us with any personal information.
4. how your information will be collected
4.1 candidates
Personal and sensitive information will be collected from you directly when you attend an interview with one of our staff members. At this time you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal and sensitive information will also be collected when:
- we receive any reference about you;
- we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
- we receive the results of your work rights status;
- we receive the results of any competency or medical test;
- we receive performance feedback (whether positive or negative);
- we receive any complaint from or about you in the workplace;
- we receive any information about a workplace accident in which you are involved;
- we receive a response from a job advertisement – either written, verbal or email;
- we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
- you provide us with any additional information about you
4.2 clients
- If you are a client the ways in which we collect information about you are when:
- we meet you or communicate with you in any way; or
- when you provide your opinion or feedback regarding one of our candidates.
4.3 referees
If you are a referee the ways in which we collect personal information about you are when:
- a candidate provides us with your contact details and informs us that you have consented to such collection; and
- when we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
4.4 participants
If you are a participant the ways in which we collect personal information about you are when you:
- complete a survey or form requesting information from us;
- either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by our Consulting Companies; or
- otherwise provide us with personal information in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
4.5 General - visiting our web site & online
You can visit our web site and browse without the need to disclose any personal information.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you visit the Candidate Registration web site and register on-line for employment opportunities or visit the client resources site to register a vacancy, we do collect some personal information about you which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by Randstad staff only for the purposes for which it was intended. By submitting your personal information in this way, you acknowledge and accept our Privacy Collection Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal information until you have completed the time sheet and submit to Randstad for processing.
We do not disclose any information gathered about your visit to our web site, or personal information that you provide through the Candidate Registration process, such as your name, address etc. to any other organisation outside the Randstad Group unless you give your express consent, or if we are required to do so by law.
At times you may forward an email to us via the email link in our web site. The information collected through this email will only be used for the purpose for which you have provided it. Your details will not be added to our database, unless specified by you, nor will we disclose or use your information for any other purpose, than the intended purpose.
5. use of your personal information
5.1 candidates
Your personal and sensitive information may be used in connection with:
- your actual or possible work placement;
- checking your work rights status with any government department or body (or their agents);
- to undertake directly or through agent criminal reference checking with relevant government agencies;
- payment for work completed on a temporary/contract assignment;
- follow up with you to offer you work or ascertain your availability for work;
- your performance appraisals;
- our assessment of your ongoing performance and prospects;
- any test or assessment (including medical tests and assessments) that you might be required to undergo;
- our identification of your training needs;
- any workplace rehabilitation;
- our management of any complaint, investigation or inquiry in which you are involved;
- any insurance claim or proposal that requires disclosure of your personal or sensitive information;
- to tell you about the other services that we may provide; and
- ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
5.2 clients
Personal information that we collect, hold, use and disclose about clients is typically used for:
- client and business relationship management;
- recruitment functions;
- marketing services to you;
- statistical purposes and statutory compliance requirements; and
- risk management.
5.3 referees
Personal information that we collect, hold, use and disclose about referees is typically used for:
- to confirm identity and authority to provide references;
- candidate suitability assessment; and
- recruitment functions.
5.4 participants
Your personal and sensitive information may be used in connection with (as relevant):
- to communicate with and provide information requested by you;
- outplacement or redeployment;
- provision of career management programs and associated services;
- provision of services in connection with change programs; and
- executive coaching and associated services.
5.5 our policy on direct marketing
We may sometimes use personal information for marketing purposes but only in the following ways:
- we will contact candidates and participants (where relevant) while they are registered us with updates in relation to employment opportunities, market information and promotions from time to time;
- we will send subscribers to our website news and job alerts to which they have subscribed; and
- we will contact clients with whom we have a relationship with market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications and we will remain compliant with anti-spam legislation. Personal information is not used by or disclosed to any third party for marketing purposes.
6. disclosure of your information
6.1 candidates
Your personal and sensitive information may be disclosed to:
- potential and actual employers and clients of Randstad;
- referees;
- other members of Randstad, clients and third party service providers and suppliers located in Randstad’s worldwide locations. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations;
- a professional association or registration body that has a proper interest in the disclosure of your personal and sensitive information;
- our insurers;
- a Workers Compensation body;
- any government department or body (or their agents) to verify your work rights status;
- a designated, registered training provider in relation to training and personal development opportunities; and
- any person with a lawful entitlement to obtain the information.
We will advise you of our intentions and gain consent before we refer your personal information to our clients for possible work opportunities.
6.2 participants
Your personal information may be disclosed for the purpose for which it is collected. That is, generally, our Consulting Companies will only disclose your personal information for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal information to clients who may be your potential or actual employer. Our Consulting Companies may also disclose your personal information to the parties listed in section 6.1.
6.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal information.
Typically our CSPs would include:
- software solutions providers;
- I.T. contractors and database designers and Internet service suppliers;
- legal and other professional advisors;
- insurance brokers, loss assessors and underwriters;
- background checking and screening agents; and
- talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the Privacy Act to protect the privacy of your personal information and that they will not do anything that would cause us to breach those obligations.
7. if you do not give us the information we seek
You can refuse to provide us with your personal (including sensitive information). However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
8. how does randstad protect the security of your information
We take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal information is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information.
Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
We use secure methods to destroy or de-identify personal information as soon as the law permits and provided that the information is no longer needed by us. When you advise us that you are no longer looking for work opportunities and therefore do not wish to be registered with us, we will de-identify your data base record and destroy your personal information, unless you advise us otherwise or unless it is a requirement by law such as retained tax/wages information.
9. you can gain access to your information to correct it if it is wrong
9.1 General
Subject to some exceptions which are set out in the APPs (APP 12 – Access and APP 13 - Correction), you have a right to see and have a copy of personal and sensitive information about you that we hold.
If you are able to establish that personal or sensitive information that we hold about you is not accurate, complete and up- to-date, we will take reasonable steps to correct it so that it is accurate, complete and up-to-date.
If we are unable to agree that personal or sensitive information that we hold about you is accurate, complete and up-to- date, you may ask us to place with the information a statement by you that claims that particular information is not accurate, complete and up-to-date.
If you wish to exercise your rights of access and correction you should contact our Privacy Officer, whose details are listed in section 13.
In some cases we may impose a moderate charge for providing access to personal or sensitive information. We will not charge you simply because you lodge a request for access.
9.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
10. external sites
External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their Privacy Statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
11. changes to our privacy policy
If at any time our privacy policy changes, the updated details will always be available on our web site for your perusal. If at any time you have a question or concern regarding Randstad and privacy, please contact us at privacy@randstad.com.au.
12. Information Statement: your rights as a candidate in New South Wales and Queensland
- we will not charge you a fee for the purpose of finding employment including in contravention of section 408D of the Industrial Relations Act 1999 (QLD).
- we will not engage in misleading or deceptive conduct (such as advertising a position as being available when we know no such position exists or knowingly giving misleading information to you about the nature of a position) and we will ensure that all placements are made in accordance with any legislative requirements.
- we and our employees having a working knowledge of State and Commonwealth legislation affecting the placement and employment of persons seeking work.
- if you believe that we have acted inappropriately, illegally, or in a false and misleading way you may contact the relevant department (e.g. Office of Fair Trading in New South Wales or the Department of Justice and Attorney-General in Queensland) for information on possible action that may be taken.
13. how to contact us
If you have any questions in relation to privacy or wish to make an access request or a privacy complaint, please contact the Privacy Officer on the details below during normal office hours 9.00am to 5.30pm Monday to Friday. Our Privacy Officer will contact you within a reasonable time (not exceeding 30 days) after receipt of your request or complaint to discuss your concerns and to outline options regarding how they may be resolved.
General information about privacy may be found at: http://www.privacy.gov.au/ and http://www.oaic.gov.au/
Randstad Privacy Officer
Phone: 1800 661 026 / +61 2 8258 9829
Email: privacy@randstad.com.au
privacy statement - Singapore
At Randstad, protecting your personal data is important to us. We are committed to ensuring that your privacy is respected and maintained at all times and have based this Privacy Statement on the Personal Data Protection Act 2012 (PDPA) as well as our existing obligations of confidentiality.
“personal data” means data, whether true or not, about an individual who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access. The following are some examples of personal data: name, address, telephone number, NRIC/passport number and e-mail address.
1. what does this privacy statement cover?
This Privacy Statement explains how Randstad Pte. Limited (doing business as RiseSmart) collects personal data and how we maintain, use and disclose that information. It also provides details about your privacy rights, along with our general rights and obligations in relation to the personal data we keep on record.
By continuing to use our services via our website or by providing personal data to us, you agree to the collection, use and disclosure of your personal data in the manner set out in this Privacy Statement.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
- candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
- clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
- referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment; and
- participants - include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to.
We may also collect personal data from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
2.1 candidates
If you are a candidate we collect your personal data as reasonably necessary for us to determine your suitability for work with us or through us. Some examples of personal data that we may collect about you as a candidate are:
- your name and contact details, including your address, email address and phone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Singapore/other countries;
- your tax file number and related details;
- information documenting your work history with or through us (including bank account details, salary and work performance information);
- aptitude and psychological assessment results;
- the results of background checks; and
- other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Randstad only collects, uses and discloses personal data with your consent or deemed consent or as otherwise permitted under the PDPA or other applicable laws and regulations.
2.2 clients
If you are our client, we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organisational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our candidates.
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
- your contact details including your address and telephone numbers; and
- details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you career transition services, career management services, change programs, coaching or other services provided by us. The main types of personal data we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
3. who will be collecting your personal data
Your personal data will be collected by Randstad for its own use and on behalf of other members of the Randstad Group, who might require access to your personal data in connection with its recruitment services. Each time you visit our web site statistical data is collected. This data is not linked to a particular person and does not provide us with any personal data.
4. how your personal data will be collected
4.1 candidates
Personal data will be collected from you directly when you attend an interview with one of our staff
members. At this time or prior to such interview, you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal data will also be collected when:
- we receive any reference about you;
- we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
- we receive the results of your work rights status;
- we receive the results of any competency or medical test;
- we receive performance feedback (whether positive or negative);
- we receive any complaint from or about you in the workplace;
- we receive any information about a workplace accident in which you are involved;
- we receive a response from a job advertisement – either written, verbal or email;
- we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
- you provide us with any additional information about you.
4.2 clients
If you are a client the ways in which we collect information about you are when:
- we meet you or communicate with you in any way; or
- when you provide your opinion or feedback regarding one of our candidates.
4.3 referees
If you are a referee the ways in which we collect personal data about you are when:
- a candidate provides us with your contact details and informs us that you have consented to such collection; and
- when we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
4.4 participants
If you are a participant the ways in which we collect personal data about you are when you:
- complete a survey or form requesting information from us;
- either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by us; or
- otherwise provide us with personal data in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
4.5 general - visiting our web site & online
You can visit our web site and browse without the need to disclose any personal data.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you visit the Candidate Registration web site and register on-line for employment opportunities or, visit the client resources site to register a vacancy, we do collect some personal data about you, which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by a Randstad staff only for the purposes for which it was intended. By submitting your personal data in this way, you acknowledge and accept our Privacy Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal data until you have completed the time sheet and submit it to Randstad for processing.
You can also view our advertisements on authorized third party recruitment websites which may either direct you to the Randstad website for you to log in and submit your application with personal data, or allow you to submit such data via the submit function of the third party website. If you submit your information to us through a third party website, please ensure that you read their privacy statement. Any personal data we receive we will assume that you have consented to allow us to collect, use, and disclose (as described in this Privacy Statement) your personal data for the purposes of evaluating your candidacy in relation to the vacancy posted or other vacancies which we may decide to engage in the future.
5. use of your personal data
5.1 candidates
Your personal data may be used in connection with:
- your actual or possible work placement;
- checking your work rights status with any government department or body (or their agents);
- Where legally permitted, to undertake directly or through agents a criminal reference check with relevant government agencies, background checks or credit checks;
- payment for work completed on a temporary/contract assignment;
- to follow up with you to offer you work or ascertain your availability for work;
- your performance appraisals;
- our assessment of your ongoing performance and prospects;
- any test or assessment (including medical tests and assessments) that you might be required to undergo;
- our identification of your training needs;
- any workplace rehabilitation;
- our management of any complaint, investigation or inquiry in which you are involved;
- any insurance claim or proposal that requires disclosure of your personal data;
- to tell you about the other services that we may provide; and
- ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
5.2 clients
Personal data that we collect, hold, use and disclose about clients is typically used for:
- client and business relationship management;
- recruitment functions;
- marketing services to you;
- statistical purposes and statutory compliance requirements; and
- risk management.
5.3 referees
Personal data that we collect, hold, use and disclose about referees is typically used for:
- to confirm identity and authority to provide references;
- candidate suitability assessment; and
- recruitment functions.
5.4 participants
Your personal data may be used in connection with (as relevant):
- to communicate with and provide information requested by you;
- outplacement or redeployment;
- provision of career management programs and associated services;
- provision of services in connection with change programs; and
- executive coaching and associated services.
6. disclosure of your information
6.1 candidates
Your personal data may be disclosed to:
- potential and actual employers and clients of Randstad;
- referees;
- other members of Randstad, clients and third party service providers and suppliers located in Randstad’s worldwide locations. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations;
- a professional association or registration body that has a proper interest in the disclosure of your personal data;
- our insurers;
- any government department or body (or their agents) to verify your work rights status;
- a designated, registered training provider in relation to training and personal development opportunities;
- any person with a lawful entitlement to obtain the information;
- Select third parties including suppliers and sub-contractors for the performance of any contract we enter into with them; and
- (Where permitted by law) third party providers of criminal, background or credit checking services.
We will advise you of our intentions and gain consent before we refer your personal data to our clients for possible work opportunities.
6.2 participants
Your personal data may be disclosed for the purpose for which it is collected. That is, generally, we will only disclose your personal data for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal data to clients who may be your potential or actual employer. We may also disclose your personal data to the parties listed in section 6.1.
6.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal data.
Typically our CSPs would include:
- software solutions providers;
- I.T. contractors and database designers and Internet service suppliers;
- legal and other professional advisors;
- insurance brokers, loss assessors and underwriters;
- background checking and screening agents; and
- talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the PDPA to protect the privacy of your personal data and that they will not do anything that would cause us to breach those obligations.
Once we establish and maintain an employment, staffing or placement relationship with you, we use the data you provided to us, to comply with laws and regulations, including but not limited to employment law, tax and social security and national and international sanctions regulation compliance. For the purposes mentioned above, Randstad may transfer your personal data to other Randstad entities that provide services on behalf of Randstad.
7. personal data of referees (relevant to candidates)
The submission of references is essential to the recruitment process as we give critical consideration to any input provided to us by your referees.
In submitting your application, you shall be required to submit the names and other personal data of referees you wish us to contact. Before you give us any personal data about your referees, you must notify each referee with the purpose of Randstad’s use of their personal data and obtain their permission to disclose to us their data for the purposes of evaluating your candidacy for current or future vacancies that we may engage with you from time to time.
8. if you do not give us the information we seek
You can refuse to provide us with your personal data. However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
9. direct marketing
We may sometimes use personal data for marketing purposes but only in the following ways:
- we will contact candidates and participants (where relevant) while they are registered with us with updates in relation to employment opportunities, market information and promotions from time to time;
- we will send subscribers to our website news and job alerts to which they have subscribed; and
- we will contact clients with whom we have a relationship with market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications. We usually use email, phone and/or SMS. If you wish to change your preferences for contacts, please go to www.randstad.com.sg/my-randstad/.
10. how does Randstad protect the security of your information
We take all reasonable steps to protect your personal data from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal data is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information. Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
As our information technology storage facilities and servers may be located in other jurisdictions, your personal data may be transferred to, stored, used and processed in a jurisdiction other than Singapore. You understand and consent to the transfer of your Personal Data out of Singapore as described herein and under sections 6.1 and 6.3.
Where we transfer your personal data to a country outside of Singapore, we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
11. accuracy of personal data
We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
12. your rights - withdrawing your consent
You are entitled to withdraw your consent for the collection, use and disclosure of your personal data by giving Randstad reasonable notice by sending a written request to our Data Protection Officer at the contact details provided below.
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the implications of such withdrawal.
We may also ask you to verify your identity and for more information about your request.
In general (and provided you have given us sufficient information for us to process your request), we shall seek to respond/process your request within ten (10) business days of receiving it.
In general (and provided you have given us sufficient information for us to process your request), we shall seek to respond/process your request within ten (10) business days of receiving it.
Please note that withdrawing your consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is required/permitted under applicable laws.
13. your rights – correcting information you have provided
13.1 general
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
13.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
14. retention of personal data
We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
15. using our website
As with most websites, when you visit our website, we may record anonymous information such as IP address (where not used to identify a specific individual), time, date, referring URL, pages accessed and documents downloaded, type of browser and operating system.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
16. external sites
Our website or communications may contain links to or from other websites. External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their privacy statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
17. changes to this privacy statement
Our Privacy Statement is reviewed and updated regularly, and the updated details will always be available on our web site.
18. how to contact us about this privacy statement
If you wish to contact us about any concerns or queries in relation to your personal data or this Privacy Statement, please contact:
Randstad Singapore Data Privacy Officer
email: privacy@randstad.com.sg
address: Randstad Pte Ltd, 50 Raffles Place, #17-02 Singapore Land Tower, Singapore, 048623
email: privacy@randstad.com.sg
address: Randstad Pte Ltd, 50 Raffles Place, #17-02 Singapore Land Tower, Singapore, 048623
Effective November 20th 2019 to November 20th 2019
DownloadTable of Contents
privacy collection statement - Australia
This Privacy Collection Statement applies for each Randstad Group company operating in Australia from time-to-time, including:
- Randstad Pty Ltd;
- Digby Morgan Pty Ltd trading as HR Partners – a Randstad company; and
- HREXL Group Pty Ltd trading as Sageco.
(collectively referred to as Randstad in this Privacy Collection Statement)
This Privacy Collection Statement outlines how Randstad collects, discloses, uses, stores or otherwise handles your personal information.
In this Privacy Collection Statement, ‘Consulting Companies’ means services provided by HR Consulting (Randstad Pty Ltd division), RiseSmart – a Randstad company and Sageco.
1. protecting your privacy
At Randstad your privacy is important to us. We are committed to ensuring that your privacy is respected and maintained at all times. Randstad complies with all applicable privacy laws, including the 13 Australian Privacy Principles (APPs) in the Privacy Act 1988 (Privacy Act) as well as our existing obligations of confidentiality.
This Privacy Collection Statement explains how we collect information, including personal information, and how we maintain, use and disclose that information. It also provides some detail about your privacy rights along with our general rights and obligations in relation to the information we keep on record.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
- candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
- clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
- referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment; and
- participants – include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to by our Consulting Companies.
We may also collect personal information from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
2.1 candidates
If you are a candidate we collect your personal information as reasonably necessary for us to determine your suitability for work with us or through us. The main types of personal information we collect about you as a candidate are:
- your name and contact details, including your address, email address and phone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Australia and other countries;
- your tax file number and superannuation details;
- information documenting your work history with or through us (including bank account details, salary, work performance information and salary sacrifice documents);
- aptitude and psychological assessment results;
- the results of police checks, working with children checks or other background checks;
- medical reviews or assessments of you; and
- other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Sensitive information is a special category of personal information. It includes information or an opinion about your:
- racial or ethnic origin;
- political opinion;
- membership of a political association or religious beliefs, affiliations or philosophical beliefs;
- membership of a professional or trade association or membership of a trade union;
- sexual preferences or practices;
- criminal record;
- health or disability (at any time); and
- expressed wishes about the future provision of health services.
We do not actively seek to collect sensitive information unless it is necessary for our business purposes. If we do have to collect sensitive information, we will do so in accordance with the APPs. Sensitive information will, in most cases, only be disclosed with your consent.
2.2 clients
If you are our client we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organisational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our candidate
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
- your contact details including your address and telephone numbers; and
- details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you career transition services, career management services, change programs, coaching or other services provided by our Consulting Companies. The main types of personal information we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
3. who will be collecting your personal and sensitive information
Your personal and sensitive information will be collected by Randstad for its own use and on behalf of other members of the Randstad Group, who might require access to your personal and sensitive information in connection with its recruitment services.
Each time you visit our web site statistical data is collected. This data is not linked to a particular person and does not provide us with any personal information.
4. how your information will be collected
4.1 candidates
Personal and sensitive information will be collected from you directly when you attend an interview with one of our staff members. At this time you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal and sensitive information will also be collected when:
- we receive any reference about you;
- we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
- we receive the results of your work rights status;
- we receive the results of any competency or medical test;
- we receive performance feedback (whether positive or negative);
- we receive any complaint from or about you in the workplace;
- we receive any information about a workplace accident in which you are involved;
- we receive a response from a job advertisement – either written, verbal or email;
- we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
- you provide us with any additional information about you
4.2 clients
- If you are a client the ways in which we collect information about you are when:
- we meet you or communicate with you in any way; or
- when you provide your opinion or feedback regarding one of our candidates.
4.3 referees
If you are a referee the ways in which we collect personal information about you are when:
- a candidate provides us with your contact details and informs us that you have consented to such collection; and
- when we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
4.4 participants
If you are a participant the ways in which we collect personal information about you are when you:
- complete a survey or form requesting information from us;
- either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by our Consulting Companies; or
- otherwise provide us with personal information in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
4.5 General - visiting our web site & online
You can visit our web site and browse without the need to disclose any personal information.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you visit the Candidate Registration web site and register on-line for employment opportunities or visit the client resources site to register a vacancy, we do collect some personal information about you which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by Randstad staff only for the purposes for which it was intended. By submitting your personal information in this way, you acknowledge and accept our Privacy Collection Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal information until you have completed the time sheet and submit to Randstad for processing.
We do not disclose any information gathered about your visit to our web site, or personal information that you provide through the Candidate Registration process, such as your name, address etc. to any other organisation outside the Randstad Group unless you give your express consent, or if we are required to do so by law.
At times you may forward an email to us via the email link in our web site. The information collected through this email will only be used for the purpose for which you have provided it. Your details will not be added to our database, unless specified by you, nor will we disclose or use your information for any other purpose, than the intended purpose.
5. use of your personal information
5.1 candidates
Your personal and sensitive information may be used in connection with:
- your actual or possible work placement;
- checking your work rights status with any government department or body (or their agents);
- to undertake directly or through agent criminal reference checking with relevant government agencies;
- payment for work completed on a temporary/contract assignment;
- follow up with you to offer you work or ascertain your availability for work;
- your performance appraisals;
- our assessment of your ongoing performance and prospects;
- any test or assessment (including medical tests and assessments) that you might be required to undergo;
- our identification of your training needs;
- any workplace rehabilitation;
- our management of any complaint, investigation or inquiry in which you are involved;
- any insurance claim or proposal that requires disclosure of your personal or sensitive information;
- to tell you about the other services that we may provide; and
- ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
5.2 clients
Personal information that we collect, hold, use and disclose about clients is typically used for:
- client and business relationship management;
- recruitment functions;
- marketing services to you;
- statistical purposes and statutory compliance requirements; and
- risk management.
5.3 referees
Personal information that we collect, hold, use and disclose about referees is typically used for:
- to confirm identity and authority to provide references;
- candidate suitability assessment; and
- recruitment functions.
5.4 participants
Your personal and sensitive information may be used in connection with (as relevant):
- to communicate with and provide information requested by you;
- outplacement or redeployment;
- provision of career management programs and associated services;
- provision of services in connection with change programs; and
- executive coaching and associated services.
5.5 our policy on direct marketing
We may sometimes use personal information for marketing purposes but only in the following ways:
- we will contact candidates and participants (where relevant) while they are registered us with updates in relation to employment opportunities, market information and promotions from time to time;
- we will send subscribers to our website news and job alerts to which they have subscribed; and
- we will contact clients with whom we have a relationship with market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications and we will remain compliant with anti-spam legislation. Personal information is not used by or disclosed to any third party for marketing purposes.
6. disclosure of your information
6.1 candidates
Your personal and sensitive information may be disclosed to:
- potential and actual employers and clients of Randstad;
- referees;
- other members of Randstad, clients and third party service providers and suppliers located in Randstad’s worldwide locations. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations;
- a professional association or registration body that has a proper interest in the disclosure of your personal and sensitive information;
- our insurers;
- a Workers Compensation body;
- any government department or body (or their agents) to verify your work rights status;
- a designated, registered training provider in relation to training and personal development opportunities; and
- any person with a lawful entitlement to obtain the information.
We will advise you of our intentions and gain consent before we refer your personal information to our clients for possible work opportunities.
6.2 participants
Your personal information may be disclosed for the purpose for which it is collected. That is, generally, our Consulting Companies will only disclose your personal information for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal information to clients who may be your potential or actual employer. Our Consulting Companies may also disclose your personal information to the parties listed in section 6.1.
6.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal information.
Typically our CSPs would include:
- software solutions providers;
- I.T. contractors and database designers and Internet service suppliers;
- legal and other professional advisors;
- insurance brokers, loss assessors and underwriters;
- background checking and screening agents; and
- talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the Privacy Act to protect the privacy of your personal information and that they will not do anything that would cause us to breach those obligations.
7. if you do not give us the information we seek
You can refuse to provide us with your personal (including sensitive information). However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
8. how does randstad protect the security of your information
We take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal information is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information.
Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
We use secure methods to destroy or de-identify personal information as soon as the law permits and provided that the information is no longer needed by us. When you advise us that you are no longer looking for work opportunities and therefore do not wish to be registered with us, we will de-identify your data base record and destroy your personal information, unless you advise us otherwise or unless it is a requirement by law such as retained tax/wages information.
9. you can gain access to your information to correct it if it is wrong
9.1 General
Subject to some exceptions which are set out in the APPs (APP 12 – Access and APP 13 - Correction), you have a right to see and have a copy of personal and sensitive information about you that we hold.
If you are able to establish that personal or sensitive information that we hold about you is not accurate, complete and up- to-date, we will take reasonable steps to correct it so that it is accurate, complete and up-to-date.
If we are unable to agree that personal or sensitive information that we hold about you is accurate, complete and up-to- date, you may ask us to place with the information a statement by you that claims that particular information is not accurate, complete and up-to-date.
If you wish to exercise your rights of access and correction you should contact our Privacy Officer, whose details are listed in section 13.
In some cases we may impose a moderate charge for providing access to personal or sensitive information. We will not charge you simply because you lodge a request for access.
9.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
10. external sites
External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their Privacy Statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
11. changes to our privacy policy
If at any time our privacy policy changes, the updated details will always be available on our web site for your perusal. If at any time you have a question or concern regarding Randstad and privacy, please contact us at privacy@randstad.com.au.
12. Information Statement: your rights as a candidate in New South Wales and Queensland
- we will not charge you a fee for the purpose of finding employment including in contravention of section 408D of the Industrial Relations Act 1999 (QLD).
- we will not engage in misleading or deceptive conduct (such as advertising a position as being available when we know no such position exists or knowingly giving misleading information to you about the nature of a position) and we will ensure that all placements are made in accordance with any legislative requirements.
- we and our employees having a working knowledge of State and Commonwealth legislation affecting the placement and employment of persons seeking work.
- if you believe that we have acted inappropriately, illegally, or in a false and misleading way you may contact the relevant department (e.g. Office of Fair Trading in New South Wales or the Department of Justice and Attorney-General in Queensland) for information on possible action that may be taken.
13. how to contact us
If you have any questions in relation to privacy or wish to make an access request or a privacy complaint, please contact the Privacy Officer on the details below during normal office hours 9.00am to 5.30pm Monday to Friday. Our Privacy Officer will contact you within a reasonable time (not exceeding 30 days) after receipt of your request or complaint to discuss your concerns and to outline options regarding how they may be resolved.
General information about privacy may be found at: http://www.privacy.gov.au/ and http://www.oaic.gov.au/
Randstad Privacy Officer
Phone: 1800 661 026 / +61 2 8258 9829
Email: privacy@randstad.com.au
Effective November 14th 2019 to November 20th 2019
DownloadTable of Contents
At RiseSmart (a Randstad company), protecting your personal information is important to us. Please find below the privacy statement for Australia and Singapore.
privacy collection statement - Australia
This Privacy Collection Statement applies for each Randstad Group company operating in Australia from time-to-time, including:
- Randstad Pty Ltd;
- Digby Morgan Pty Ltd trading as HR Partners – a Randstad company; and
- HREXL Group Pty Ltd trading as Sageco.
(collectively referred to as Randstad in this Privacy Collection Statement)
This Privacy Collection Statement outlines how Randstad collects, discloses, uses, stores or otherwise handles your personal information.
In this Privacy Collection Statement, ‘Consulting Companies’ means services provided by HR Consulting (Randstad Pty Ltd division), RiseSmart – a Randstad company and Sageco.
1. protecting your privacy
At Randstad your privacy is important to us. We are committed to ensuring that your privacy is respected and maintained at all times. Randstad complies with all applicable privacy laws, including the 13 Australian Privacy Principles (APPs) in the Privacy Act 1988 (Privacy Act) as well as our existing obligations of confidentiality.
This Privacy Collection Statement explains how we collect information, including personal information, and how we maintain, use and disclose that information. It also provides some detail about your privacy rights along with our general rights and obligations in relation to the information we keep on record.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
- candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
- clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
- referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment; and
- participants – include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to by our Consulting Companies.
We may also collect personal information from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
2.1 candidates
If you are a candidate we collect your personal information as reasonably necessary for us to determine your suitability for work with us or through us. The main types of personal information we collect about you as a candidate are:
- your name and contact details, including your address, email address and phone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Australia and other countries;
- your tax file number and superannuation details;
- information documenting your work history with or through us (including bank account details, salary, work performance information and salary sacrifice documents);
- aptitude and psychological assessment results;
- the results of police checks, working with children checks or other background checks;
- medical reviews or assessments of you; and
- other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Sensitive information is a special category of personal information. It includes information or an opinion about your:
- racial or ethnic origin;
- political opinion;
- membership of a political association or religious beliefs, affiliations or philosophical beliefs;
- membership of a professional or trade association or membership of a trade union;
- sexual preferences or practices;
- criminal record;
- health or disability (at any time); and
- expressed wishes about the future provision of health services.
We do not actively seek to collect sensitive information unless it is necessary for our business purposes. If we do have to collect sensitive information, we will do so in accordance with the APPs. Sensitive information will, in most cases, only be disclosed with your consent.
2.2 clients
If you are our client we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organisational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our candidate
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
- your contact details including your address and telephone numbers; and
- details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you career transition services, career management services, change programs, coaching or other services provided by our Consulting Companies. The main types of personal information we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
3. who will be collecting your personal and sensitive information
Your personal and sensitive information will be collected by Randstad for its own use and on behalf of other members of the Randstad Group, who might require access to your personal and sensitive information in connection with its recruitment services.
Each time you visit our web site statistical data is collected. This data is not linked to a particular person and does not provide us with any personal information.
4. how your information will be collected
4.1 candidates
Personal and sensitive information will be collected from you directly when you attend an interview with one of our staff members. At this time you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal and sensitive information will also be collected when:
- we receive any reference about you;
- we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
- we receive the results of your work rights status;
- we receive the results of any competency or medical test;
- we receive performance feedback (whether positive or negative);
- we receive any complaint from or about you in the workplace;
- we receive any information about a workplace accident in which you are involved;
- we receive a response from a job advertisement – either written, verbal or email;
- we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
- you provide us with any additional information about you
4.2 clients
- If you are a client the ways in which we collect information about you are when:
- we meet you or communicate with you in any way; or
- when you provide your opinion or feedback regarding one of our candidates.
4.3 referees
If you are a referee the ways in which we collect personal information about you are when:
- a candidate provides us with your contact details and informs us that you have consented to such collection; and
- when we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
4.4 participants
If you are a participant the ways in which we collect personal information about you are when you:
- complete a survey or form requesting information from us;
- either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by our Consulting Companies; or
- otherwise provide us with personal information in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
4.5 General - visiting our web site & online
You can visit our web site and browse without the need to disclose any personal information.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you visit the Candidate Registration web site and register on-line for employment opportunities or visit the client resources site to register a vacancy, we do collect some personal information about you which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by Randstad staff only for the purposes for which it was intended. By submitting your personal information in this way, you acknowledge and accept our Privacy Collection Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal information until you have completed the time sheet and submit to Randstad for processing.
We do not disclose any information gathered about your visit to our web site, or personal information that you provide through the Candidate Registration process, such as your name, address etc. to any other organisation outside the Randstad Group unless you give your express consent, or if we are required to do so by law.
At times you may forward an email to us via the email link in our web site. The information collected through this email will only be used for the purpose for which you have provided it. Your details will not be added to our database, unless specified by you, nor will we disclose or use your information for any other purpose, than the intended purpose.
5. use of your personal information
5.1 candidates
Your personal and sensitive information may be used in connection with:
- your actual or possible work placement;
- checking your work rights status with any government department or body (or their agents);
- to undertake directly or through agent criminal reference checking with relevant government agencies;
- payment for work completed on a temporary/contract assignment;
- follow up with you to offer you work or ascertain your availability for work;
- your performance appraisals;
- our assessment of your ongoing performance and prospects;
- any test or assessment (including medical tests and assessments) that you might be required to undergo;
- our identification of your training needs;
- any workplace rehabilitation;
- our management of any complaint, investigation or inquiry in which you are involved;
- any insurance claim or proposal that requires disclosure of your personal or sensitive information;
- to tell you about the other services that we may provide; and
- ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
5.2 clients
Personal information that we collect, hold, use and disclose about clients is typically used for:
- client and business relationship management;
- recruitment functions;
- marketing services to you;
- statistical purposes and statutory compliance requirements; and
- risk management.
5.3 referees
Personal information that we collect, hold, use and disclose about referees is typically used for:
- to confirm identity and authority to provide references;
- candidate suitability assessment; and
- recruitment functions.
5.4 participants
Your personal and sensitive information may be used in connection with (as relevant):
- to communicate with and provide information requested by you;
- outplacement or redeployment;
- provision of career management programs and associated services;
- provision of services in connection with change programs; and
- executive coaching and associated services.
5.5 our policy on direct marketing
We may sometimes use personal information for marketing purposes but only in the following ways:
- we will contact candidates and participants (where relevant) while they are registered us with updates in relation to employment opportunities, market information and promotions from time to time;
- we will send subscribers to our website news and job alerts to which they have subscribed; and
- we will contact clients with whom we have a relationship with market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications and we will remain compliant with anti-spam legislation. Personal information is not used by or disclosed to any third party for marketing purposes.
6. disclosure of your information
6.1 candidates
Your personal and sensitive information may be disclosed to:
- potential and actual employers and clients of Randstad;
- referees;
- other members of Randstad, clients and third party service providers and suppliers located in Randstad’s worldwide locations. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations;
- a professional association or registration body that has a proper interest in the disclosure of your personal and sensitive information;
- our insurers;
- a Workers Compensation body;
- any government department or body (or their agents) to verify your work rights status;
- a designated, registered training provider in relation to training and personal development opportunities; and
- any person with a lawful entitlement to obtain the information.
We will advise you of our intentions and gain consent before we refer your personal information to our clients for possible work opportunities.
6.2 participants
Your personal information may be disclosed for the purpose for which it is collected. That is, generally, our Consulting Companies will only disclose your personal information for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal information to clients who may be your potential or actual employer. Our Consulting Companies may also disclose your personal information to the parties listed in section 6.1.
6.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal information.
Typically our CSPs would include:
- software solutions providers;
- I.T. contractors and database designers and Internet service suppliers;
- legal and other professional advisors;
- insurance brokers, loss assessors and underwriters;
- background checking and screening agents; and
- talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the Privacy Act to protect the privacy of your personal information and that they will not do anything that would cause us to breach those obligations.
7. if you do not give us the information we seek
You can refuse to provide us with your personal (including sensitive information). However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
8. how does randstad protect the security of your information
We take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal information is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information.
Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
We use secure methods to destroy or de-identify personal information as soon as the law permits and provided that the information is no longer needed by us. When you advise us that you are no longer looking for work opportunities and therefore do not wish to be registered with us, we will de-identify your data base record and destroy your personal information, unless you advise us otherwise or unless it is a requirement by law such as retained tax/wages information.
9. you can gain access to your information to correct it if it is wrong
9.1 General
Subject to some exceptions which are set out in the APPs (APP 12 – Access and APP 13 - Correction), you have a right to see and have a copy of personal and sensitive information about you that we hold.
If you are able to establish that personal or sensitive information that we hold about you is not accurate, complete and up- to-date, we will take reasonable steps to correct it so that it is accurate, complete and up-to-date.
If we are unable to agree that personal or sensitive information that we hold about you is accurate, complete and up-to- date, you may ask us to place with the information a statement by you that claims that particular information is not accurate, complete and up-to-date.
If you wish to exercise your rights of access and correction you should contact our Privacy Officer, whose details are listed in section 13.
In some cases we may impose a moderate charge for providing access to personal or sensitive information. We will not charge you simply because you lodge a request for access.
9.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
10. external sites
External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their Privacy Statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
11. changes to our privacy policy
If at any time our privacy policy changes, the updated details will always be available on our web site for your perusal. If at any time you have a question or concern regarding Randstad and privacy, please contact us at privacy@randstad.com.au.
12. Information Statement: your rights as a candidate in New South Wales and Queensland
- we will not charge you a fee for the purpose of finding employment including in contravention of section 408D of the Industrial Relations Act 1999 (QLD).
- we will not engage in misleading or deceptive conduct (such as advertising a position as being available when we know no such position exists or knowingly giving misleading information to you about the nature of a position) and we will ensure that all placements are made in accordance with any legislative requirements.
- we and our employees having a working knowledge of State and Commonwealth legislation affecting the placement and employment of persons seeking work.
- if you believe that we have acted inappropriately, illegally, or in a false and misleading way you may contact the relevant department (e.g. Office of Fair Trading in New South Wales or the Department of Justice and Attorney-General in Queensland) for information on possible action that may be taken.
13. how to contact us
If you have any questions in relation to privacy or wish to make an access request or a privacy complaint, please contact the Privacy Officer on the details below during normal office hours 9.00am to 5.30pm Monday to Friday. Our Privacy Officer will contact you within a reasonable time (not exceeding 30 days) after receipt of your request or complaint to discuss your concerns and to outline options regarding how they may be resolved.
General information about privacy may be found at: http://www.privacy.gov.au/ and http://www.oaic.gov.au/
Randstad Privacy Officer
Phone: 1800 661 026 / +61 2 8258 9829
Email: privacy@randstad.com.au
privacy statement - Singapore
At Randstad, protecting your personal data is important to us. We are committed to ensuring that your privacy is respected and maintained at all times and have based this Privacy Statement on the Personal Data Protection Act 2012 (PDPA) as well as our existing obligations of confidentiality.
“personal data” means data, whether true or not, about an individual who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access. The following are some examples of personal data: name, address, telephone number, NRIC/passport number and e-mail address.
1. what does this privacy statement cover?
This Privacy Statement explains how Randstad Pte. Limited (doing business as RiseSmart) collects personal data and how we maintain, use and disclose that information. It also provides details about your privacy rights, along with our general rights and obligations in relation to the personal data we keep on record.
By continuing to use our services via our website or by providing personal data to us, you agree to the collection, use and disclosure of your personal data in the manner set out in this Privacy Statement.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
- candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
- clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
- referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment; and
- participants - include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to.
We may also collect personal data from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
2.1 candidates
If you are a candidate we collect your personal data as reasonably necessary for us to determine your suitability for work with us or through us. Some examples of personal data that we may collect about you as a candidate are:
- your name and contact details, including your address, email address and phone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Singapore/other countries;
- your tax file number and related details;
- information documenting your work history with or through us (including bank account details, salary and work performance information);
- aptitude and psychological assessment results;
- the results of background checks; and
- other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Randstad only collects, uses and discloses personal data with your consent or deemed consent or as otherwise permitted under the PDPA or other applicable laws and regulations.
2.2 clients
If you are our client, we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organisational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our candidates.
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
- your contact details including your address and telephone numbers; and
- details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you career transition services, career management services, change programs, coaching or other services provided by us. The main types of personal data we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
3. who will be collecting your personal data
Your personal data will be collected by Randstad for its own use and on behalf of other members of the Randstad Group, who might require access to your personal data in connection with its recruitment services. Each time you visit our web site statistical data is collected. This data is not linked to a particular person and does not provide us with any personal data.
4. how your personal data will be collected
4.1 candidates
Personal data will be collected from you directly when you attend an interview with one of our staff
members. At this time or prior to such interview, you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal data will also be collected when:
- we receive any reference about you;
- we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
- we receive the results of your work rights status;
- we receive the results of any competency or medical test;
- we receive performance feedback (whether positive or negative);
- we receive any complaint from or about you in the workplace;
- we receive any information about a workplace accident in which you are involved;
- we receive a response from a job advertisement – either written, verbal or email;
- we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
- you provide us with any additional information about you.
4.2 clients
If you are a client the ways in which we collect information about you are when:
- we meet you or communicate with you in any way; or
- when you provide your opinion or feedback regarding one of our candidates.
4.3 referees
If you are a referee the ways in which we collect personal data about you are when:
- a candidate provides us with your contact details and informs us that you have consented to such collection; and
- when we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
4.4 participants
If you are a participant the ways in which we collect personal data about you are when you:
- complete a survey or form requesting information from us;
- either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by us; or
- otherwise provide us with personal data in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
4.5 general - visiting our web site & online
You can visit our web site and browse without the need to disclose any personal data.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you visit the Candidate Registration web site and register on-line for employment opportunities or, visit the client resources site to register a vacancy, we do collect some personal data about you, which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by a Randstad staff only for the purposes for which it was intended. By submitting your personal data in this way, you acknowledge and accept our Privacy Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal data until you have completed the time sheet and submit it to Randstad for processing.
You can also view our advertisements on authorized third party recruitment websites which may either direct you to the Randstad website for you to log in and submit your application with personal data, or allow you to submit such data via the submit function of the third party website. If you submit your information to us through a third party website, please ensure that you read their privacy statement. Any personal data we receive we will assume that you have consented to allow us to collect, use, and disclose (as described in this Privacy Statement) your personal data for the purposes of evaluating your candidacy in relation to the vacancy posted or other vacancies which we may decide to engage in the future.
5. use of your personal data
5.1 candidates
Your personal data may be used in connection with:
- your actual or possible work placement;
- checking your work rights status with any government department or body (or their agents);
- Where legally permitted, to undertake directly or through agents a criminal reference check with relevant government agencies, background checks or credit checks;
- payment for work completed on a temporary/contract assignment;
- to follow up with you to offer you work or ascertain your availability for work;
- your performance appraisals;
- our assessment of your ongoing performance and prospects;
- any test or assessment (including medical tests and assessments) that you might be required to undergo;
- our identification of your training needs;
- any workplace rehabilitation;
- our management of any complaint, investigation or inquiry in which you are involved;
- any insurance claim or proposal that requires disclosure of your personal data;
- to tell you about the other services that we may provide; and
- ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
5.2 clients
Personal data that we collect, hold, use and disclose about clients is typically used for:
- client and business relationship management;
- recruitment functions;
- marketing services to you;
- statistical purposes and statutory compliance requirements; and
- risk management.
5.3 referees
Personal data that we collect, hold, use and disclose about referees is typically used for:
- to confirm identity and authority to provide references;
- candidate suitability assessment; and
- recruitment functions.
5.4 participants
Your personal data may be used in connection with (as relevant):
- to communicate with and provide information requested by you;
- outplacement or redeployment;
- provision of career management programs and associated services;
- provision of services in connection with change programs; and
- executive coaching and associated services.
6. disclosure of your information
6.1 candidates
Your personal data may be disclosed to:
- potential and actual employers and clients of Randstad;
- referees;
- other members of Randstad, clients and third party service providers and suppliers located in Randstad’s worldwide locations. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations;
- a professional association or registration body that has a proper interest in the disclosure of your personal data;
- our insurers;
- any government department or body (or their agents) to verify your work rights status;
- a designated, registered training provider in relation to training and personal development opportunities;
- any person with a lawful entitlement to obtain the information;
- Select third parties including suppliers and sub-contractors for the performance of any contract we enter into with them; and
- (Where permitted by law) third party providers of criminal, background or credit checking services.
We will advise you of our intentions and gain consent before we refer your personal data to our clients for possible work opportunities.
6.2 participants
Your personal data may be disclosed for the purpose for which it is collected. That is, generally, we will only disclose your personal data for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal data to clients who may be your potential or actual employer. We may also disclose your personal data to the parties listed in section 6.1.
6.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal data.
Typically our CSPs would include:
- software solutions providers;
- I.T. contractors and database designers and Internet service suppliers;
- legal and other professional advisors;
- insurance brokers, loss assessors and underwriters;
- background checking and screening agents; and
- talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the PDPA to protect the privacy of your personal data and that they will not do anything that would cause us to breach those obligations.
Once we establish and maintain an employment, staffing or placement relationship with you, we use the data you provided to us, to comply with laws and regulations, including but not limited to employment law, tax and social security and national and international sanctions regulation compliance. For the purposes mentioned above, Randstad may transfer your personal data to other Randstad entities that provide services on behalf of Randstad.
7. personal data of referees (relevant to candidates)
The submission of references is essential to the recruitment process as we give critical consideration to any input provided to us by your referees.
In submitting your application, you shall be required to submit the names and other personal data of referees you wish us to contact. Before you give us any personal data about your referees, you must notify each referee with the purpose of Randstad’s use of their personal data and obtain their permission to disclose to us their data for the purposes of evaluating your candidacy for current or future vacancies that we may engage with you from time to time.
8. if you do not give us the information we seek
You can refuse to provide us with your personal data. However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
9. direct marketing
We may sometimes use personal data for marketing purposes but only in the following ways:
- we will contact candidates and participants (where relevant) while they are registered with us with updates in relation to employment opportunities, market information and promotions from time to time;
- we will send subscribers to our website news and job alerts to which they have subscribed; and
- we will contact clients with whom we have a relationship with market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications. We usually use email, phone and/or SMS. If you wish to change your preferences for contacts, please go to www.randstad.com.sg/my-randstad/.
10. how does Randstad protect the security of your information
We take all reasonable steps to protect your personal data from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal data is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information. Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
As our information technology storage facilities and servers may be located in other jurisdictions, your personal data may be transferred to, stored, used and processed in a jurisdiction other than Singapore. You understand and consent to the transfer of your Personal Data out of Singapore as described herein and under sections 6.1 and 6.3.
Where we transfer your personal data to a country outside of Singapore, we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
11. accuracy of personal data
We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
12. your rights - withdrawing your consent
You are entitled to withdraw your consent for the collection, use and disclosure of your personal data by giving Randstad reasonable notice by sending a written request to our Data Protection Officer at the contact details provided below.
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the implications of such withdrawal.
We may also ask you to verify your identity and for more information about your request.
In general (and provided you have given us sufficient information for us to process your request), we shall seek to respond/process your request within ten (10) business days of receiving it.
In general (and provided you have given us sufficient information for us to process your request), we shall seek to respond/process your request within ten (10) business days of receiving it.
Please note that withdrawing your consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is required/permitted under applicable laws.
13. your rights – correcting information you have provided
13.1 general
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
13.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
14. retention of personal data
We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
15. using our website
As with most websites, when you visit our website, we may record anonymous information such as IP address (where not used to identify a specific individual), time, date, referring URL, pages accessed and documents downloaded, type of browser and operating system.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
16. external sites
Our website or communications may contain links to or from other websites. External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their privacy statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
17. changes to this privacy statement
Our Privacy Statement is reviewed and updated regularly, and the updated details will always be available on our web site.
18. how to contact us about this privacy statement
If you wish to contact us about any concerns or queries in relation to your personal data or this Privacy Statement, please contact:
Randstad Singapore Data Privacy Officer
email: privacy@randstad.com.sg
address: Randstad Pte Ltd, 50 Raffles Place, #17-02 Singapore Land Tower, Singapore, 048623
email: privacy@randstad.com.sg
address: Randstad Pte Ltd, 50 Raffles Place, #17-02 Singapore Land Tower, Singapore, 048623
Effective June 20th 2017 to November 14th 2019
DownloadTable of Contents
This Privacy Collection Statement applies for each Randstad Group company operating in Australia from time-to-time, including:
- Randstad Pty Ltd;
- Digby Morgan Pty Ltd trading as HR Partners – a Randstad company; and
- HREXL Group Pty Ltd trading as Sageco.
(collectively referred to as Randstad in this Privacy Collection Statement)
This Privacy Collection Statement outlines how Randstad collects, discloses, uses, stores or otherwise handles your personal information.
In this Privacy Collection Statement, ‘Consulting Companies’ means services provided by HR Consulting (Randstad Pty Ltd division), RiseSmart – a Randstad company and Sageco.
1. protecting your privacy
At Randstad your privacy is important to us. We are committed to ensuring that your privacy is respected and maintained at all times. Randstad complies with all applicable privacy laws, including the 13 Australian Privacy Principles (APPs) in the Privacy Act 1988 (Privacy Act) as well as our existing obligations of confidentiality.
This Privacy Collection Statement explains how we collect information, including personal information, and how we maintain, use and disclose that information. It also provides some detail about your privacy rights along with our general rights and obligations in relation to the information we keep on record.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
- candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
- clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
- referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment; and
- participants – include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to by our Consulting Companies.
We may also collect personal information from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
2.1 candidates
If you are a candidate we collect your personal information as reasonably necessary for us to determine your suitability for work with us or through us. The main types of personal information we collect about you as a candidate are:
- your name and contact details, including your address, email address and phone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Australia and other countries;
- your tax file number and superannuation details;
- information documenting your work history with or through us (including bank account details, salary, work performance information and salary sacrifice documents);
- aptitude and psychological assessment results;
- the results of police checks, working with children checks or other background checks;
- medical reviews or assessments of you; and
- other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Sensitive information is a special category of personal information. It includes information or an opinion about your:
- racial or ethnic origin;
- political opinion;
- membership of a political association or religious beliefs, affiliations or philosophical beliefs;
- membership of a professional or trade association or membership of a trade union;
- sexual preferences or practices;
- criminal record;
- health or disability (at any time); and
- expressed wishes about the future provision of health services.
We do not actively seek to collect sensitive information unless it is necessary for our business purposes. If we do have to collect sensitive information, we will do so in accordance with the APPs. Sensitive information will, in most cases, only be disclosed with your consent.
2.2 clients
If you are our client we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organisational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our candidate
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
- your contact details including your address and telephone numbers; and
- details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you career transition services, career management services, change programs, coaching or other services provided by our Consulting Companies. The main types of personal information we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
3. who will be collecting your personal and sensitive information
Your personal and sensitive information will be collected by Randstad for its own use and on behalf of other members of the Randstad Group, who might require access to your personal and sensitive information in connection with its recruitment services.
Each time you visit our web site statistical data is collected. This data is not linked to a particular person and does not provide us with any personal information.
4. how your information will be collected
4.1 candidates
Personal and sensitive information will be collected from you directly when you attend an interview with one of our staff members. At this time you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal and sensitive information will also be collected when:
- we receive any reference about you;
- we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
- we receive the results of your work rights status;
- we receive the results of any competency or medical test;
- we receive performance feedback (whether positive or negative);
- we receive any complaint from or about you in the workplace;
- we receive any information about a workplace accident in which you are involved;
- we receive a response from a job advertisement – either written, verbal or email;
- we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
- you provide us with any additional information about you
4.2 clients
- If you are a client the ways in which we collect information about you are when:
- we meet you or communicate with you in any way; or
- when you provide your opinion or feedback regarding one of our candidates.
If you are a referee the ways in which we collect personal information about you are when:
- a candidate provides us with your contact details and informs us that you have consented to such collection; and
- when we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
- complete a survey or form requesting information from us;
- either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by our Consulting Companies; or
- otherwise provide us with personal information in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
You can visit our web site and browse without the need to disclose any personal information.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you visit the Candidate Registration web site and register on-line for employment opportunities or visit the client resources site to register a vacancy, we do collect some personal information about you which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by Randstad staff only for the purposes for which it was intended. By submitting your personal information in this way, you acknowledge and accept our Privacy Collection Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal information until you have completed the time sheet and submit to Randstad for processing.
We do not disclose any information gathered about your visit to our web site, or personal information that you provide through the Candidate Registration process, such as your name, address etc. to any other organisation outside the Randstad Group unless you give your express consent, or if we are required to do so by law.
At times you may forward an email to us via the email link in our web site. The information collected through this email will only be used for the purpose for which you have provided it. Your details will not be added to our database, unless specified by you, nor will we disclose or use your information for any other purpose, than the intended purpose.
5. use of your personal information
5.1 candidates
Your personal and sensitive information may be used in connection with:
- your actual or possible work placement;
- checking your work rights status with any government department or body (or their agents);
- to undertake directly or through agent criminal reference checking with relevant government agencies;
- payment for work completed on a temporary/contract assignment;
- follow up with you to offer you work or ascertain your availability for work;
- your performance appraisals;
- our assessment of your ongoing performance and prospects;
- any test or assessment (including medical tests and assessments) that you might be required to undergo;
- our identification of your training needs;
- any workplace rehabilitation;
- our management of any complaint, investigation or inquiry in which you are involved;
- any insurance claim or proposal that requires disclosure of your personal or sensitive information;
- to tell you about the other services that we may provide; and
- ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
Personal information that we collect, hold, use and disclose about clients is typically used for:
- client and business relationship management;
- recruitment functions;
- marketing services to you;
- statistical purposes and statutory compliance requirements; and
- risk management.
Personal information that we collect, hold, use and disclose about referees is typically used for:
- to confirm identity and authority to provide references;
- candidate suitability assessment; and
- recruitment functions.
Your personal and sensitive information may be used in connection with (as relevant):
- to communicate with and provide information requested by you;
- outplacement or redeployment;
- provision of career management programs and associated services;
- provision of services in connection with change programs; and
- executive coaching and associated services.
We may sometimes use personal information for marketing purposes but only in the following ways:
- we will contact candidates and participants (where relevant) while they are registered us with updates in relation to employment opportunities, market information and promotions from time to time;
- we will send subscribers to our website news and job alerts to which they have subscribed; and
- we will contact clients with whom we have a relationship with market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications and we will remain compliant with anti-spam legislation. Personal information is not used by or disclosed to any third party for marketing purposes.
6. disclosure of your information
6.1 candidates
Your personal and sensitive information may be disclosed to:
- potential and actual employers and clients of Randstad;
- referees;
- other members of Randstad, clients and third party service providers and suppliers located in Randstad’s worldwide locations. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations;
- a professional association or registration body that has a proper interest in the disclosure of your personal and sensitive information;
- our insurers;
- a Workers Compensation body;
- any government department or body (or their agents) to verify your work rights status;
- a designated, registered training provider in relation to training and personal development opportunities; and
- any person with a lawful entitlement to obtain the information.
We will advise you of our intentions and gain consent before we refer your personal information to our clients for possible work opportunities.
6.2 participants
Your personal information may be disclosed for the purpose for which it is collected. That is, generally, our Consulting Companies will only disclose your personal information for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal information to clients who may be your potential or actual employer. Our Consulting Companies may also disclose your personal information to the parties listed in section 6.1.
6.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal information.
Typically our CSPs would include:
- software solutions providers;
- I.T. contractors and database designers and Internet service suppliers;
- legal and other professional advisors;
- insurance brokers, loss assessors and underwriters;
- background checking and screening agents; and
- talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the Privacy Act to protect the privacy of your personal information and that they will not do anything that would cause us to breach those obligations.
7. if you do not give us the information we seek
You can refuse to provide us with your personal (including sensitive information). However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
8. how does randstad protect the security of your information
We take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal information is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information.
Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
We use secure methods to destroy or de-identify personal information as soon as the law permits and provided that the information is no longer needed by us. When you advise us that you are no longer looking for work opportunities and therefore do not wish to be registered with us, we will de-identify your data base record and destroy your personal information, unless you advise us otherwise or unless it is a requirement by law such as retained tax/wages information.
9. you can gain access to your information to correct it if it is wrong
9.1 General
Subject to some exceptions which are set out in the APPs (APP 12 – Access and APP 13 - Correction), you have a right to see and have a copy of personal and sensitive information about you that we hold.
If you are able to establish that personal or sensitive information that we hold about you is not accurate, complete and up- to-date, we will take reasonable steps to correct it so that it is accurate, complete and up-to-date.
If we are unable to agree that personal or sensitive information that we hold about you is accurate, complete and up-to- date, you may ask us to place with the information a statement by you that claims that particular information is not accurate, complete and up-to-date.
If you wish to exercise your rights of access and correction you should contact our Privacy Officer, whose details are listed in section 13.
In some cases we may impose a moderate charge for providing access to personal or sensitive information. We will not charge you simply because you lodge a request for access.
9.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
10. external sites
External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their Privacy Statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
11. changes to our privacy policy
If at any time our privacy policy changes, the updated details will always be available on our web site for your perusal. If at any time you have a question or concern regarding Randstad and privacy, please contact us at privacy@randstad.com.au.
12. Information Statement: your rights as a candidate in New South Wales and Queensland
- we will not charge you a fee for the purpose of finding employment including in contravention of section 408D of the Industrial Relations Act 1999 (QLD).
- we will not engage in misleading or deceptive conduct (such as advertising a position as being available when we know no such position exists or knowingly giving misleading information to you about the nature of a position) and we will ensure that all placements are made in accordance with any legislative requirements.
- we and our employees having a working knowledge of State and Commonwealth legislation affecting the placement and employment of persons seeking work.
- if you believe that we have acted inappropriately, illegally, or in a false and misleading way you may contact the relevant department (e.g. Office of Fair Trading in New South Wales or the Department of Justice and Attorney-General in Queensland) for information on possible action that may be taken.
13. how to contact us
If you have any questions in relation to privacy or wish to make an access request or a privacy complaint, please contact the Privacy Officer on the details below during normal office hours 9.00am to 5.30pm Monday to Friday. Our Privacy Officer will contact you within a reasonable time (not exceeding 30 days) after receipt of your request or complaint to discuss your concerns and to outline options regarding how they may be resolved.
General information about privacy may be found at: http://www.privacy.gov.au/ and http://www.oaic.gov.au/
Randstad Privacy Officer
Phone: 1800 661 026 / +61 2 8258 9829
Email: privacy@randstad.com.au
Privacy Policy
Effective November 21st 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective February 2nd 2024 to November 21st 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US, UK-US and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK extension to the EU-US DFP and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective February 2nd 2024 to February 2nd 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US, UK-US and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF)
, the UK extension to the EU-US DFP and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective December 7th 2023 to February 2nd 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective September 11th 2023 to December 7th 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you. For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective July 11th 2023 to September 11th 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective October 12th 2021 to July 11th 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective September 28th 2021 to October 12th 2021
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective June 20th 2017 to September 28th 2021
DownloadTable of Contents
RiseSmart’s Privacy Policy
RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to its Terms of Service (located at http://www.RiseSmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted and otherwise used in connection with the Service.
Your Consent
By using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart.
RiseSmart may receive from you:
- your name, recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in job searching; and
- information on your customer satisfaction or other feedback about the job search and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through your activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, mis-use, disclosure or other loss related to your Personal Data or other information.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service (including in connection with a Company Client Engagement), you are consenting to RiseSmart’s use of your Personal Data in accordance with this Privacy Policy. If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or its current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself or such information may be included in databases owned and maintained by RiseSmart’s affiliates, agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as discussed above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart use cookies, RiseSmart will not collect Personal Data except with your permission.
We may (and we may allow third party service providers to) use such cookies or other technologies to collect information about your browsing activities over time and across different websites following your use of the Services. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement as a job seeker, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users and improve the Service.
- As RiseSmart develops its business,RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners, and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. In pursuit of current accuracy of your Personal Data and other information on file, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account, and confirm or correct the information.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. Please keep this in mind when disclosing any Personal Data or other information to RiseSmart via the Internet.
Links to Other Web Sites
This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Exclusions
This Privacy Policy does not apply to any Personal Data collected by RiseSmart other than Personal Data collected through the Service. This Privacy Policy shall not apply to any unsolicited information you provide to RiseSmart through the Service or through any other means. This includes, but is not limited to, information posted to public areas of the Service, if any (“Public Areas”), any ideas for new products or modifications to existing products or services and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and RiseSmart shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Daniel Davenport, VP – Operations
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Politique de confidentialité
Effective June 20th 2017
DownloadTable of Contents
Politique de confidentialité de RiseSmart
RiseSmart, Inc. (« RiseSmart ») vous fournit son Service (tel que défini ci-dessous) par le biais de son site Web situé au http://www.RiseSmart.com (le « Site »), sous réserve de ces Conditions d’Utilisation (situé au http://www.RiseSmart.com/terms-conditions) (les « CU ») et cette Politique de Confidentialité. Le « Service » comprend (a) le Site, (b) le reclassement externe et le service de gestion de carrière de RiseSmart et d'autres services connexes (y compris les services de gestion de fichiers et d'analytique), et les technologies connexes, et (c) tous les logiciels (y compris le Logiciel, tel que défini ci-dessous), matériaux, portails, recommandations, pistes d'emploi, données, rapports, textes, images, sons, vidéos, analytiques et autres contenus mis à disposition par le biais de ce qui précède (collectivement appelés le « Contenu »). Toutes les nouvelles fonctionnalités ajoutées à ou augmentant le Service sont également soumises aux CU et à cette Politique de Confidentialité. Cette Politique de Confidentialité énonce la politique de RiseSmart en ce qui concerne les données personnelles identifiables (« Données Personnelles ») et d'autres informations qui sont collectées, transmises et par ailleurs utilisées dans le cadre du Service.
Votre consentement
En utilisant le Service, vous consentez à la collecte, la transmission et l'utilisation par RiseSmart de vos Données Personnelles et autres informations résumées ci-après dans la présente Politique de Confidentialité et tout autre avis que RiseSmart pourrait vous fournir de temps à autre en relation avec le Service.
Les Données Personnelles reçues de votre part
Si vous choisissez d'utiliser le Service, RiseSmart peut vous demander de fournir des Données Personnelles directement à RiseSmart.
RiseSmart peut recevoir de votre part :
- votre nom, le titre de l’emploi récent, le nom de l'entreprise, les numéros de téléphone, adresse, adresse de courriel et autres informations d'identification ou de contact ;
- votre relevé de carrière et autre expérience, éducation et formation, autres qualifications, objectifs en matière d'emploi, attentes de rémunération, intérêts, et autres renseignements de carrières et biographiques ;
- des informations sur vos progrès d'étape et votre statut dans la recherche d’emploi ; et
- des informations sur votre satisfaction de la clientèle ou autres commentaires au sujet de la recherche d'emploi et le Service.
De plus, lorsque vous interagissez avec RiseSmart via le Service, RiseSmart peut recueillir d'autres Données Personnelles et informations auprès de vous lorsque vous fournissez volontairement ces informations, par exemple lorsque vous contactez RiseSmart avec des demandes de renseignements ou répondez à l'une des enquêtes de RiseSmart.
Il vous sera demandé de fournir vos Données Personnelles par le biais de divers canaux en relation avec le Service, y compris par le biais de l’activation de votre compte pour le Service, que ce soit avec l'inscription en ligne ou sur papier, votre curriculum vitae, des listes de contrôle et des questionnaires que vous complétez pour RiseSmart, des séances de formation et de consultation, des discussions, des échanges de courriel et d'autres canaux. Le Service peut également recueillir votre adresse Internet Protocol (IP).
Pour votre compte Web personnel que vous pouvez mettre en place sur le Service, RiseSmart peut vous demander d'établir un nom d'utilisateur, un mot de passe et une question de rappel uniques et utiliser ces informations de connexion pour accéder à votre compte. Vous vous engagez à protéger le secret de l’information de votre nom d'utilisateur, mot de passe et question de rappel, et si vous ne parvenez pas à maintenir le secret, vous serez entièrement responsable de toute utilisation, vol, altération, mauvaise utilisation, divulgation ou autres pertes liées à vos Données Personnelles ou autres informations.
Les Données Personnelles reçues d’une Société Cliente
Vous reconnaissez qu'une société cliente de RiseSmart puisse engager RiseSmart pour assister ses employés actuels et / ou anciens dans la recherche d’emploi par le biais du Service (« Engagements de la Société Cliente »). En connexion avec les Engagements de la Société Cliente, RiseSmart reçoit de la société cliente une liste des personnes éligibles pour le Service. Si vous êtes admissible, la liste de la société cliente peut inclure votre nom, le titre de l’emploi récent, l'adresse du domicile, numéro de téléphone, adresse de courriel, département ou unité d'affaires, et d'autres données personnelles.
En fournissant volontairement à RiseSmart des Données Personnelles ou en utilisant le Service (y compris dans le cadre d'un Engagement de la Société Cliente), vous consentez à l'utilisation par RiseSmart de vos Données Personnelles conformément à la présente Politique de Confidentialité. Si vous ou la société cliente fournit des Données Personnelles dans le cadre du Service, vous reconnaissez et acceptez que ces Données Personnelles puissent être transférées à partir de votre ou de son emplacement actuel dans les bureaux et les serveurs de RiseSmart et les tiers autorisés mentionnés dans les présentes situés aux États-Unis ou dans d'autres pays.
Autres informations
Lorsque vous interagissez avec RiseSmart via le Service, RiseSmart reçoit et stocke certaines informations personnelles non identifiables. De telles informations, qui sont collectées passivement en utilisant diverses technologies, ne peuvent actuellement être utilisées pour vous identifier spécifiquement. De plus, le Service peut recueillir d'autres informations personnelles non identifiables en tant que partie de la fonctionnalité du Service (par exemple, la collecte des réponses aux questionnaires qui ne contiennent pas d’informations personnellement identifiables). RiseSmart peut stocker ces informations ou de telles informations peuvent être incluses dans les bases de données détenues et entretenues par les filiales, agents ou fournisseurs de service de RiseSmart. Le Service peut utiliser ces informations et les mettre en commun avec d'autres informations pour suivre, par exemple, le nombre total de visiteurs du Site ou du Service, le nombre de visiteurs à chaque page du Site ou du Service et les noms de domaine des fournisseurs de service Internet des visiteurs de RiseSmart. Il est important de noter qu'aucunes Données Personnelles ne sont disponibles ou utilisées dans ce processus à moins que vous ne soyez un client de la compagnie les fournissant volontairement, tel que discuté ci-dessus.
Dans l'exploitation du Service, RiseSmart peut utiliser une technologie appelée « témoins ». Un témoin est un élément d'information que l'ordinateur qui héberge le Service donne à votre navigateur lorsque vous accédez au Service. Les témoins de RiseSmart aident à fournir des fonctionnalités supplémentaires au Service et aident RiseSmart à analyser l'utilisation du Service avec plus de précision. Par exemple, le Service peut placer un témoin sur votre navigateur qui vous permet d'accéder au Service sans avoir besoin d'entrer un mot de passe plus d'une fois lors d'une visite au Service. Dans tous les cas où RiseSmart utilise des témoins, RiseSmart ne recueillera pas de Données Personnelles, sauf avec votre permission.
Nous pouvons (et nous pouvons permettre aux fournisseurs de services tiers) utiliser ces témoins ou autres technologies pour collecter des informations sur vos activités de navigation au fil du temps et à travers différents sites Web suivant votre utilisation des Services. Notre Service ne répond pas actuellement aux signaux « Do Not Track » (DNT) et fonctionne tel que décrit dans cette Politique de Confidentialité qu’un signal DNT soit reçu ou non. Si nous le faisons à l'avenir, nous décrirons la façon dont nous le faisons dans cette Politique de Confidentialité.
Partage d’information avec des Sociétés Clientes
Si vous utilisez le Service en vertu d'un Engagement de la Société Cliente en tant que chercheur d'emploi, RiseSmart peut rendre disponibles des rapports d'activité des sociétés clientes et d'autres informations qui peuvent vous identifier et indiquer l'état de votre utilisation du Service, la portée de votre utilisation du Service, vos progrès d'étape et votre statut dans la recherche d'emploi, votre satisfaction de la clientèle ou autres commentaires concernant le Service, dans chaque cas, individuellement ou de manière agrégée (collectivement, les « Données de Progrès »). De temps en temps, RiseSmart peut mettre à votre disposition des outils pour vous permettre d'ajuster les Données de Progrès que RiseSmart est autorisé à partager avec la société cliente. Si vous avez des questions ou des préoccupations au sujet des Données de Progrès que RiseSmart peut partager avec la société cliente, veuillez contacter user.support@risesmart.com (voir ci-dessous).
Autres utilisations et le partage de vos informations
Dans le cadre du Service, RiseSmart peut recueillir, transmettre et utiliser vos Données Personnelles et autres informations dans le but de vous fournir le Service, y compris, sans limitation pour déterminer quelle aide particulière vous voulez du Service et, si vous êtes un chercheur d'emploi, vous fournir des pistes d'emploi, de la formation pour la recherche d’emploi, de l'aide à la rédaction de curriculum vitae et / ou toute autre assistance. RiseSmart peut également utiliser vos Données Personnelles et autres informations (a) afin de vous identifier et de vous authentifier, par exemple, pour votre accès à votre compte de Service et votre communication avec le personnel de RiseSmart, ou (b) à l’interne pour augmenter ou ajuster l'activité du Service de RiseSmart pour votre compte, les rapports sur le rendement du Service à l’interne à la gestion de RiseSmart, dispenser une formation à l’interne et autrement gérer les affaires de RiseSmart.
En outre, si vous fournissez des Données Personnelles ou autres informations pour une certaine raison, RiseSmart peut utiliser les Données Personnelles ou autres informations en rapport avec la raison pour laquelle elles ont été fournies. Par exemple, si vous contactez RiseSmart par courriel, RiseSmart utilisera les Données Personnelles que vous fournissez pour répondre à votre question ou résoudre votre problème.
RiseSmart peut également utiliser et partager vos Données Personnelles et autres informations recueillies par le Service, comme suit :
- RiseSmart peut utiliser vos Données Personnelles et autres informations pour aider RiseSmart à améliorer le contenu et la fonctionnalité du Service, mieux comprendre les utilisateurs de RiseSmart et améliorer le Service.
- Alors que RiseSmart développe son activité, RiseSmart pourrait vendre ou acheter des entreprises ou des actifs. Dans le cas d'une vente, d'une fusion, d'une réorganisation, d’une dissolution ou d’un événement similaire, des Données Personnelles et autres informations pourraient faire partie des actifs transférés.
- RiseSmart peut partager vos Données Personnelles et autres informations avec les affiliés de RiseSmart à des fins compatibles avec la présente Politique de Confidentialité.
- RiseSmart, comme plusieurs entreprises, engage parfois d'autres entreprises pour exécuter certaines fonctions liées aux entreprises, y compris l'analyse. Lorsque RiseSmart engage une autre société pour exercer une fonction en son nom, RiseSmart peut lui fournir vos Données Personnelles et autres informations dans la mesure nécessaire ou utile afin de remplir sa fonction spécifique.
- RiseSmart peut divulguer vos Données Personnelles et autres informations si cela est requis par la loi ou dans la croyance de bonne foi qu'une telle action soit nécessaire pour (i) se conformer à une obligation légale, (ii) protéger et défendre les droits ou la propriété de RiseSmart, (iii) agir dans des circonstances urgentes pour protéger la sécurité personnelle des utilisateurs du Service ou du public, ou (iv) protéger contre toute responsabilité légale.
Données Personnelles agrégées
Dans un effort continu pour mieux comprendre et servir les utilisateurs du Service, RiseSmart effectue souvent des recherches sur les caractéristiques démographiques, les intérêts, les résultats et le comportement des utilisateurs sur la base des Données Personnelles et autres informations fournies à RiseSmart. Cette recherche, et autres paramètres ou analyses sur le comportement de l'utilisateur, les résultats ou les examens, peuvent être compilés et analysés sur une base globale, et RiseSmart peut partager ces données agrégées avec ses filiales, agents et partenaires d'affaires. Ces informations agrégées ne vous identifient pas personnellement. RiseSmart peut également divulguer des statistiques cumulatives sur les utilisateurs afin de décrire les services de RiseSmart à des partenaires commerciaux actuels et potentiels, et à d'autres tiers à d'autres fins légitimes.
Gestion de l’information
RiseSmart peut recevoir et saisir toutes vos Données Personnelles ou autres informations sous forme numérique. RiseSmart peut combiner toutes les Données Personnelles et autres informations à votre sujet dans un seul fichier de base de données privée, et peut les stocker sur des serveurs hébergés aux États-Unis ou dans d'autres pays. Dans la poursuite de la précision actuelle de vos Données Personnelles et autres informations sur fichier, RiseSmart peut vous inciter et vous obliger à revoir un résumé de vos Données Personnelles et autres informations sur votre compte, et confirmer ou corriger les informations.
Le personnel de RiseSmart peut accéder à votre compte en ligne, déterminer les besoins et les mesures à prendre, et si vous êtes un chercheur d'emploi, afficher des pistes d’emploi sur votre compte à partir de tout lieu d’affaires, de voyage ou de travail.
RiseSmart prend des mesures raisonnables pour protéger les Données Personnelles et autres informations fournies par le Service de la perte, de l'abus et de l'accès non autorisé, de la divulgation, de l'altération ou de la destruction. Cependant, aucune transmission par Internet ou par courriel n’est jamais complètement sûre ou sans erreur. En particulier, les courriels ou autres transmissions envoyées vers ou depuis le Service ne peuvent être sécurisés. Par conséquent, vous devez prendre un soin particulier dans le choix des informations que vous envoyez à RiseSmart via courriel ou toute autre méthode de transmission. Veuillez garder cela à l'esprit lors de la divulgation de Données Personnelles ou autres informations à RiseSmart via Internet.
Liens vers d’autres sites Web
Cette Politique de Confidentialité ne s’applique qu’aux Services. Les Services peuvent contenir des liens vers d'autres sites Web qui ne sont pas exploités ou contrôlés par RiseSmart (les « Sites Tiers »). Les politiques et les procédures que nous avons décrites ici ne sont pas applicables aux Sites Tiers. Les liens des Services ne signifient pas que nous approuvons ou avons examiné les Sites Tiers. Nous vous conseillons de contacter directement ces sites pour obtenir des informations sur leurs politiques de confidentialité.
Exclusions
Cette Politique de Confidentialité ne s’applique pas à toutes les Données Personnelles collectées par RiseSmart autres que les Données Personnelles recueillies par le biais du Service. Cette Politique de Confidentialité n’est pas applicable à toute information non sollicitée que vous fournissez à RiseSmart par le Service ou par tout autre moyen. Cela inclut, mais sans s'y limiter, l'information affichée sur les zones publiques du Service, le cas échéant (« Zones Publiques »), des idées pour de nouveaux produits ou des modifications aux produits ou services existants et autres communications non sollicitées (collectivement, les « Informations Non Sollicitées »). Toutes les Informations Non Sollicitées seront considérées comme non confidentielles et RiseSmart est libre de reproduire, utiliser, divulguer et distribuer ces Informations Non Sollicitées à des tiers sans limitation ou attribution.
Changements à cette Politique de Confidentialité
Le Service et l'activité de RiseSmart peuvent changer de temps en temps. En conséquence, il peut parfois être nécessaire pour RiseSmart d'apporter des changements à cette Politique de Confidentialité. RiseSmart se réserve le droit de mettre à jour ou de modifier cette Politique de Confidentialité à tout moment et de temps à autre sans préavis. Veuillez examiner cette politique périodiquement, et en particulier avant de fournir des Données Personnelles. Cette Politique de Confidentialité a été mise à jour à la date indiquée ci-dessus. Votre utilisation continue du Service après toute modification ou révision de cette Politique de Confidentialité indiquera votre accord avec les conditions de cette Politique de Confidentialité révisée.
Contacter RiseSmart
Pour que vos Données Personnelles demeurent exactes, à jour et complètes, veuillez nous contacter tel qu’indiqué ci-dessous. Nous prendrons des mesures raisonnables afin de mettre à jour ou de corriger les Données personnelles en notre possession que vous avez déjà soumises via le Service.
Dans le cas où vous auriez des problèmes ou des questions liées à la Politique de Confidentialité ou des questions de confidentialité connexes, vous pouvez communiquer avec l’agent en chef de la protection de la vie privée de RiseSmart à l'adresse suivante :
Daniel Davenport, VP – Opérations
RiseSmart Inc.
55 Almaden Boulevard, bureau 800
San Jose, CA 95113
Courriel : user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, bureau 800
San Jose, CA 95113
Courriel : user.support@risesmart.com
Effective June 20th 2017 to June 20th 2017
DownloadTable of Contents
Politique de confidentialité de RiseSmart
RiseSmart, Inc. (« RiseSmart ») vous fournit son Service (tel que défini ci-dessous) par le biais de son site Web situé au http://www.RiseSmart.com (le « Site »), sous réserve de ces Conditions d’Utilisation (situé au http://www.RiseSmart.com/terms-conditions) (les « CU ») et cette Politique de Confidentialité. Le « Service » comprend (a) le Site, (b) le reclassement externe et le service de gestion de carrière de RiseSmart et d'autres services connexes (y compris les services de gestion de fichiers et d'analytique), et les technologies connexes, et (c) tous les logiciels (y compris le Logiciel, tel que défini ci-dessous), matériaux, portails, recommandations, pistes d'emploi, données, rapports, textes, images, sons, vidéos, analytiques et autres contenus mis à disposition par le biais de ce qui précède (collectivement appelés le « Contenu »). Toutes les nouvelles fonctionnalités ajoutées à ou augmentant le Service sont également soumises aux CU et à cette Politique de Confidentialité. Cette Politique de Confidentialité énonce la politique de RiseSmart en ce qui concerne les données personnelles identifiables (« Données Personnelles ») et d'autres informations qui sont collectées, transmises et par ailleurs utilisées dans le cadre du Service.
Votre consentement
En utilisant le Service, vous consentez à la collecte, la transmission et l'utilisation par RiseSmart de vos Données Personnelles et autres informations résumées ci-après dans la présente Politique de Confidentialité et tout autre avis que RiseSmart pourrait vous fournir de temps à autre en relation avec le Service.
Les Données Personnelles reçues de votre part
Si vous choisissez d'utiliser le Service, RiseSmart peut vous demander de fournir des Données Personnelles directement à RiseSmart.
RiseSmart peut recevoir de votre part :
- votre nom, le titre de l’emploi récent, le nom de l'entreprise, les numéros de téléphone, adresse, adresse de courriel et autres informations d'identification ou de contact ;
- votre relevé de carrière et autre expérience, éducation et formation, autres qualifications, objectifs en matière d'emploi, attentes de rémunération, intérêts, et autres renseignements de carrières et biographiques ;
- des informations sur vos progrès d'étape et votre statut dans la recherche d’emploi ; et
- des informations sur votre satisfaction de la clientèle ou autres commentaires au sujet de la recherche d'emploi et le Service.
De plus, lorsque vous interagissez avec RiseSmart via le Service, RiseSmart peut recueillir d'autres Données Personnelles et informations auprès de vous lorsque vous fournissez volontairement ces informations, par exemple lorsque vous contactez RiseSmart avec des demandes de renseignements ou répondez à l'une des enquêtes de RiseSmart.
Il vous sera demandé de fournir vos Données Personnelles par le biais de divers canaux en relation avec le Service, y compris par le biais de l’activation de votre compte pour le Service, que ce soit avec l'inscription en ligne ou sur papier, votre curriculum vitae, des listes de contrôle et des questionnaires que vous complétez pour RiseSmart, des séances de formation et de consultation, des discussions, des échanges de courriel et d'autres canaux. Le Service peut également recueillir votre adresse Internet Protocol (IP).
Pour votre compte Web personnel que vous pouvez mettre en place sur le Service, RiseSmart peut vous demander d'établir un nom d'utilisateur, un mot de passe et une question de rappel uniques et utiliser ces informations de connexion pour accéder à votre compte. Vous vous engagez à protéger le secret de l’information de votre nom d'utilisateur, mot de passe et question de rappel, et si vous ne parvenez pas à maintenir le secret, vous serez entièrement responsable de toute utilisation, vol, altération, mauvaise utilisation, divulgation ou autres pertes liées à vos Données Personnelles ou autres informations.
Les Données Personnelles reçues d’une Société Cliente
Vous reconnaissez qu'une société cliente de RiseSmart puisse engager RiseSmart pour assister ses employés actuels et / ou anciens dans la recherche d’emploi par le biais du Service (« Engagements de la Société Cliente »). En connexion avec les Engagements de la Société Cliente, RiseSmart reçoit de la société cliente une liste des personnes éligibles pour le Service. Si vous êtes admissible, la liste de la société cliente peut inclure votre nom, le titre de l’emploi récent, l'adresse du domicile, numéro de téléphone, adresse de courriel, département ou unité d'affaires, et d'autres données personnelles.
En fournissant volontairement à RiseSmart des Données Personnelles ou en utilisant le Service (y compris dans le cadre d'un Engagement de la Société Cliente), vous consentez à l'utilisation par RiseSmart de vos Données Personnelles conformément à la présente Politique de Confidentialité. Si vous ou la société cliente fournit des Données Personnelles dans le cadre du Service, vous reconnaissez et acceptez que ces Données Personnelles puissent être transférées à partir de votre ou de son emplacement actuel dans les bureaux et les serveurs de RiseSmart et les tiers autorisés mentionnés dans les présentes situés aux États-Unis ou dans d'autres pays.
Autres informations
Lorsque vous interagissez avec RiseSmart via le Service, RiseSmart reçoit et stocke certaines informations personnelles non identifiables. De telles informations, qui sont collectées passivement en utilisant diverses technologies, ne peuvent actuellement être utilisées pour vous identifier spécifiquement. De plus, le Service peut recueillir d'autres informations personnelles non identifiables en tant que partie de la fonctionnalité du Service (par exemple, la collecte des réponses aux questionnaires qui ne contiennent pas d’informations personnellement identifiables). RiseSmart peut stocker ces informations ou de telles informations peuvent être incluses dans les bases de données détenues et entretenues par les filiales, agents ou fournisseurs de service de RiseSmart. Le Service peut utiliser ces informations et les mettre en commun avec d'autres informations pour suivre, par exemple, le nombre total de visiteurs du Site ou du Service, le nombre de visiteurs à chaque page du Site ou du Service et les noms de domaine des fournisseurs de service Internet des visiteurs de RiseSmart. Il est important de noter qu'aucunes Données Personnelles ne sont disponibles ou utilisées dans ce processus à moins que vous ne soyez un client de la compagnie les fournissant volontairement, tel que discuté ci-dessus.
Dans l'exploitation du Service, RiseSmart peut utiliser une technologie appelée « témoins ». Un témoin est un élément d'information que l'ordinateur qui héberge le Service donne à votre navigateur lorsque vous accédez au Service. Les témoins de RiseSmart aident à fournir des fonctionnalités supplémentaires au Service et aident RiseSmart à analyser l'utilisation du Service avec plus de précision. Par exemple, le Service peut placer un témoin sur votre navigateur qui vous permet d'accéder au Service sans avoir besoin d'entrer un mot de passe plus d'une fois lors d'une visite au Service. Dans tous les cas où RiseSmart utilise des témoins, RiseSmart ne recueillera pas de Données Personnelles, sauf avec votre permission.
Nous pouvons (et nous pouvons permettre aux fournisseurs de services tiers) utiliser ces témoins ou autres technologies pour collecter des informations sur vos activités de navigation au fil du temps et à travers différents sites Web suivant votre utilisation des Services. Notre Service ne répond pas actuellement aux signaux « Do Not Track » (DNT) et fonctionne tel que décrit dans cette Politique de Confidentialité qu’un signal DNT soit reçu ou non. Si nous le faisons à l'avenir, nous décrirons la façon dont nous le faisons dans cette Politique de Confidentialité.
Partage d’information avec des Sociétés Clientes
Si vous utilisez le Service en vertu d'un Engagement de la Société Cliente en tant que chercheur d'emploi, RiseSmart peut rendre disponibles des rapports d'activité des sociétés clientes et d'autres informations qui peuvent vous identifier et indiquer l'état de votre utilisation du Service, la portée de votre utilisation du Service, vos progrès d'étape et votre statut dans la recherche d'emploi, votre satisfaction de la clientèle ou autres commentaires concernant le Service, dans chaque cas, individuellement ou de manière agrégée (collectivement, les « Données de Progrès »). De temps en temps, RiseSmart peut mettre à votre disposition des outils pour vous permettre d'ajuster les Données de Progrès que RiseSmart est autorisé à partager avec la société cliente. Si vous avez des questions ou des préoccupations au sujet des Données de Progrès que RiseSmart peut partager avec la société cliente, veuillez contacter user.support@risesmart.com (voir ci-dessous).
Autres utilisations et le partage de vos informations
Dans le cadre du Service, RiseSmart peut recueillir, transmettre et utiliser vos Données Personnelles et autres informations dans le but de vous fournir le Service, y compris, sans limitation pour déterminer quelle aide particulière vous voulez du Service et, si vous êtes un chercheur d'emploi, vous fournir des pistes d'emploi, de la formation pour la recherche d’emploi, de l'aide à la rédaction de curriculum vitae et / ou toute autre assistance. RiseSmart peut également utiliser vos Données Personnelles et autres informations (a) afin de vous identifier et de vous authentifier, par exemple, pour votre accès à votre compte de Service et votre communication avec le personnel de RiseSmart, ou (b) à l’interne pour augmenter ou ajuster l'activité du Service de RiseSmart pour votre compte, les rapports sur le rendement du Service à l’interne à la gestion de RiseSmart, dispenser une formation à l’interne et autrement gérer les affaires de RiseSmart.
En outre, si vous fournissez des Données Personnelles ou autres informations pour une certaine raison, RiseSmart peut utiliser les Données Personnelles ou autres informations en rapport avec la raison pour laquelle elles ont été fournies. Par exemple, si vous contactez RiseSmart par courriel, RiseSmart utilisera les Données Personnelles que vous fournissez pour répondre à votre question ou résoudre votre problème.
RiseSmart peut également utiliser et partager vos Données Personnelles et autres informations recueillies par le Service, comme suit :
- RiseSmart peut utiliser vos Données Personnelles et autres informations pour aider RiseSmart à améliorer le contenu et la fonctionnalité du Service, mieux comprendre les utilisateurs de RiseSmart et améliorer le Service.
- Alors que RiseSmart développe son activité, RiseSmart pourrait vendre ou acheter des entreprises ou des actifs. Dans le cas d'une vente, d'une fusion, d'une réorganisation, d’une dissolution ou d’un événement similaire, des Données Personnelles et autres informations pourraient faire partie des actifs transférés.
- RiseSmart peut partager vos Données Personnelles et autres informations avec les affiliés de RiseSmart à des fins compatibles avec la présente Politique de Confidentialité.
- RiseSmart, comme plusieurs entreprises, engage parfois d'autres entreprises pour exécuter certaines fonctions liées aux entreprises, y compris l'analyse. Lorsque RiseSmart engage une autre société pour exercer une fonction en son nom, RiseSmart peut lui fournir vos Données Personnelles et autres informations dans la mesure nécessaire ou utile afin de remplir sa fonction spécifique.
- RiseSmart peut divulguer vos Données Personnelles et autres informations si cela est requis par la loi ou dans la croyance de bonne foi qu'une telle action soit nécessaire pour (i) se conformer à une obligation légale, (ii) protéger et défendre les droits ou la propriété de RiseSmart, (iii) agir dans des circonstances urgentes pour protéger la sécurité personnelle des utilisateurs du Service ou du public, ou (iv) protéger contre toute responsabilité légale.
Données Personnelles agrégées
Dans un effort continu pour mieux comprendre et servir les utilisateurs du Service, RiseSmart effectue souvent des recherches sur les caractéristiques démographiques, les intérêts, les résultats et le comportement des utilisateurs sur la base des Données Personnelles et autres informations fournies à RiseSmart. Cette recherche, et autres paramètres ou analyses sur le comportement de l'utilisateur, les résultats ou les examens, peuvent être compilés et analysés sur une base globale, et RiseSmart peut partager ces données agrégées avec ses filiales, agents et partenaires d'affaires. Ces informations agrégées ne vous identifient pas personnellement. RiseSmart peut également divulguer des statistiques cumulatives sur les utilisateurs afin de décrire les services de RiseSmart à des partenaires commerciaux actuels et potentiels, et à d'autres tiers à d'autres fins légitimes.
Gestion de l’information
RiseSmart peut recevoir et saisir toutes vos Données Personnelles ou autres informations sous forme numérique. RiseSmart peut combiner toutes les Données Personnelles et autres informations à votre sujet dans un seul fichier de base de données privée, et peut les stocker sur des serveurs hébergés aux États-Unis ou dans d'autres pays. Dans la poursuite de la précision actuelle de vos Données Personnelles et autres informations sur fichier, RiseSmart peut vous inciter et vous obliger à revoir un résumé de vos Données Personnelles et autres informations sur votre compte, et confirmer ou corriger les informations.
Le personnel de RiseSmart peut accéder à votre compte en ligne, déterminer les besoins et les mesures à prendre, et si vous êtes un chercheur d'emploi, afficher des pistes d’emploi sur votre compte à partir de tout lieu d’affaires, de voyage ou de travail.
RiseSmart prend des mesures raisonnables pour protéger les Données Personnelles et autres informations fournies par le Service de la perte, de l'abus et de l'accès non autorisé, de la divulgation, de l'altération ou de la destruction. Cependant, aucune transmission par Internet ou par courriel n’est jamais complètement sûre ou sans erreur. En particulier, les courriels ou autres transmissions envoyées vers ou depuis le Service ne peuvent être sécurisés. Par conséquent, vous devez prendre un soin particulier dans le choix des informations que vous envoyez à RiseSmart via courriel ou toute autre méthode de transmission. Veuillez garder cela à l'esprit lors de la divulgation de Données Personnelles ou autres informations à RiseSmart via Internet.
Liens vers d’autres sites Web
Cette Politique de Confidentialité ne s’applique qu’aux Services. Les Services peuvent contenir des liens vers d'autres sites Web qui ne sont pas exploités ou contrôlés par RiseSmart (les « Sites Tiers »). Les politiques et les procédures que nous avons décrites ici ne sont pas applicables aux Sites Tiers. Les liens des Services ne signifient pas que nous approuvons ou avons examiné les Sites Tiers. Nous vous conseillons de contacter directement ces sites pour obtenir des informations sur leurs politiques de confidentialité.
Exclusions
Cette Politique de Confidentialité ne s’applique pas à toutes les Données Personnelles collectées par RiseSmart autres que les Données Personnelles recueillies par le biais du Service. Cette Politique de Confidentialité n’est pas applicable à toute information non sollicitée que vous fournissez à RiseSmart par le Service ou par tout autre moyen. Cela inclut, mais sans s'y limiter, l'information affichée sur les zones publiques du Service, le cas échéant (« Zones Publiques »), des idées pour de nouveaux produits ou des modifications aux produits ou services existants et autres communications non sollicitées (collectivement, les « Informations Non Sollicitées »). Toutes les Informations Non Sollicitées seront considérées comme non confidentielles et RiseSmart est libre de reproduire, utiliser, divulguer et distribuer ces Informations Non Sollicitées à des tiers sans limitation ou attribution.
Changements à cette Politique de Confidentialité
Le Service et l'activité de RiseSmart peuvent changer de temps en temps. En conséquence, il peut parfois être nécessaire pour RiseSmart d'apporter des changements à cette Politique de Confidentialité. RiseSmart se réserve le droit de mettre à jour ou de modifier cette Politique de Confidentialité à tout moment et de temps à autre sans préavis. Veuillez examiner cette politique périodiquement, et en particulier avant de fournir des Données Personnelles. Cette Politique de Confidentialité a été mise à jour à la date indiquée ci-dessus. Votre utilisation continue du Service après toute modification ou révision de cette Politique de Confidentialité indiquera votre accord avec les conditions de cette Politique de Confidentialité révisée.
Contacter RiseSmart
Pour que vos Données Personnelles demeurent exactes, à jour et complètes, veuillez nous contacter tel qu’indiqué ci-dessous. Nous prendrons des mesures raisonnables afin de mettre à jour ou de corriger les Données personnelles en notre possession que vous avez déjà soumises via le Service.
Dans le cas où vous auriez des problèmes ou des questions liées à la Politique de Confidentialité ou des questions de confidentialité connexes, vous pouvez communiquer avec l’agent en chef de la protection de la vie privée de RiseSmart à l'adresse suivante :
Daniel Davenport, VP – Opérations
RiseSmart Inc.
55 Almaden Boulevard, bureau 800
San Jose, CA 95113
Courriel : user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, bureau 800
San Jose, CA 95113
Courriel : user.support@risesmart.com
Privacy Policy
Effective November 21st 2024
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at https://www. randstadenterprise.com/your- privacy-explained/) (collectively, the “Site”), subject to its Terms of Service (located at https://www. randstadenterprise.com/terms- and-conditions/)
(the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
(the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www. randstadenterprise.com/dsar/.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective March 22nd 2024 to November 21st 2024
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at https://www. randstadenterprise.com/your- privacy-explained/) (collectively, the “Site”), subject to its Terms of Service (located at https://www. randstadenterprise.com/terms- and-conditions/)
(the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
(the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www. randstadenterprise.com/dsar/.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US, UK-US and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK extension to the EU-US DFP and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www. dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form. truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective February 2nd 2024 to March 22nd 2024
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US, UK-US and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK extension to the EU-US DFP and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www. dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form. truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective December 7th 2023 to February 2nd 2024
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www. dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form. truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective December 7th 2023 to December 7th 2023
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www. dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form. truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective December 7th 2023 to December 7th 2023
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www. dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form. truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective November 21st 2023 to December 7th 2023
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www. dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form. truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective November 21st 2023 to November 21st 2023
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www. dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form. truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective November 21st 2023 to November 21st 2023
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www. dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form. truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective September 11th 2023 to November 21st 2023
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you. For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective July 6th 2023 to September 11th 2023
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective November 21st 2022 to July 6th 2023
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective October 12th 2021 to November 21st 2022
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective September 28th 2021 to October 12th 2021
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective January 5th 2021 to September 28th 2021
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on December 30, 2020
Last Updated on December 30, 2020
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective January 5th 2021 to January 5th 2021
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on December 30, 2020
Last Updated on December 30, 2020
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective February 10th 2020 to January 5th 2021
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective February 4th 2020 to February 10th 2020
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective February 4th 2020 to February 4th 2020
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective February 3rd 2020 to February 4th 2020
DownloadSummary of changes
New document with randstadrisesmart website update, effective Jan 2020
Table of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective January 19th 2019 to February 3rd 2020
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc. and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.RiseSmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.RiseSmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for all information collected and processed through the Service. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted and otherwise used in connection with the Service. Anonymous data, which may be collected during your use of the Service, is not included in “Personal Data.”
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through your activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart use cookies, RiseSmart will not collect Personal Data except with your permission.
RiseSmart may (and may allow third party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners, and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account, and confirm or correct the information.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from, children under 13.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 18, 2019
Effective May 24th 2018 to January 19th 2019
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to its Terms of Service (located at http://www.RiseSmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”).
RiseSmart is the data controller for all information collected and processed through the Service. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted and otherwise used in connection with the Service.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that we delete the information you have provided to us.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in job searching; and
- information on your customer satisfaction or other feedback about the job search and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through your activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to us. Access requests can be made to user.support@risesmart.com. We will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer. RiseSmart only uses personal data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or its current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself or such information may be included in databases owned and maintained by RiseSmart’s affiliates, agents or service providers. Affiliates are companies that control, are controlled by, or are under common control with RiseSmart. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as discussed above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart use cookies, RiseSmart will not collect Personal Data except with your permission.
We may (and we may allow third party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Services. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement as a job seeker, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners, and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data we have about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account, and confirm or correct the information.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method.
Links to Other Web Sites
This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Public information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited Information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a Public Area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor do we knowingly collect information from children under 13.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective June 20th 2017 to May 24th 2018
DownloadTable of Contents
PRIVACY POLICY
RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to its Terms of Service (located at http://www.RiseSmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted and otherwise used in connection with the Service.
Your Consent
By using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart.
RiseSmart may receive from you:
- your name, recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in job searching; and
- information on your customer satisfaction or other feedback about the job search and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through your activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, mis-use, disclosure or other loss related to your Personal Data or other information.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service (including in connection with a Company Client Engagement), you are consenting to RiseSmart’s use of your Personal Data in accordance with this Privacy Policy. If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or its current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself or such information may be included in databases owned and maintained by RiseSmart’s affiliates, agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as discussed above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart use cookies, RiseSmart will not collect Personal Data except with your permission.
We may (and we may allow third party service providers to) use such cookies or other technologies to collect information about your browsing activities over time and across different websites following your use of the Services. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement as a job seeker, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users and improve the Service.
- As RiseSmart develops its business,RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners, and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. In pursuit of current accuracy of your Personal Data and other information on file, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account, and confirm or correct the information.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. Please keep this in mind when disclosing any Personal Data or other information to RiseSmart via the Internet.
Links to Other Web Sites
This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Exclusions
This Privacy Policy does not apply to any Personal Data collected by RiseSmart other than Personal Data collected through the Service. This Privacy Policy shall not apply to any unsolicited information you provide to RiseSmart through the Service or through any other means. This includes, but is not limited to, information posted to public areas of the Service, if any (“Public Areas”), any ideas for new products or modifications to existing products or services and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and RiseSmart shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Daniel Davenport, VP – Operations
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
- See more at: http://www.risesmart.com/privacy-policy#sthash.oeSkCk0Q.dpuf
Terms and Conditions
Effective June 20th 2017
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1. Acceptance of Terms.
- RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to the terms of this agreement and the Data Privacy and Security Addendum “Addendum”), a copy of which is attached and incorporated into this agreement at Schedule 1. If there is any conflict between this agreement and the Addendum, the Addendum will prevail to the extent of any inconsistency. Together, the agreement and the Addendum comprise the Terms of Service (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
- RiseSmart may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon receipt of written notice of the revised terms and conditions and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to monitor the Service, Content, or Your Content. RiseSmart does not screen or monitor any of Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and RiseSmart, even though it is electronic and is not physically signed by you and RiseSmart, and it governs your use of the Service and takes the place of any prior agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. We reserve the right to change RiseSmart’s prices. If RiseSmart does, RiseSmart will provide notice of the change on the Site or in email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
If You are located in Australia, RiseSmart agrees to provide the Service under these TOS in accordance with the terms and conditions of the Australia Data Privacy and Data Security Addendum attached at Schedule 1 of these TOS.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service, RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of this TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING UNDER ANY INDEMNITY UNDER THESE TOS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION SHALL NOT APPLY TO: YOUR FAILURE TO PAY FEES DUE AND OWING UNDER THESE TOS; (II) LOSSES ARISING OUT OF OR RELATING TO A PARTY’S FAILURE TO COMPLY WITH ITS INTELLECTUAL PROPERTY AND CONFIDENTIALITY OBLIGATIONS OR DATA PRIVACY LAWS OR BREACH OF REGULATORY OR SECURITY REQUIREMENTS SUCH AS BREACHES GIVING RISE TO REGULATORY FINES (III) PERSONAL INJURY, INCLUDING DEATH, AND DAMAGE TO TANGIBLE PERSONAL PROPERTY CAUSED BY THE NEGLIGENT, WILFUL OR INTENTIONAL ACTS OF A PARTY OR ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS (V) LOSSES SUFFERED BY A PARTY ARISING OUT OF ACTS OR OMISSIONS OF THE OTHER PARTY THAT ARE COMMITTED OR OMITTED BY THE OTHER PARTY VOLUNTARILY NOTWITHSTANDING THAT THE OTHER PARTY KNOWS OR OUGHT TO HAVE KNOWN THAT SUCH ACTS OR OMISSIONS WILL RESULT IN DAMAGES INCLUDING, IN THE CASE OF RISESMART, CESSATION OF THE SERVICES.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign this TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer this TOS, in whole or in part, without restriction.
11. Governing Law.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent RiseSmart, Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113
Facsimile: (408) 886-3155
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
13. Apple-Enabled Software Applications
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
user.support@risesmart.com RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
SCHEDULE 1
DATA PRIVACY AND SECURITY ADDENDUM
This Addendum by and between Randstad Pty Limited (“Randstad”) and RiseSmart Inc (“the Service Provider”), amends the terms and conditions of service between the parties dated _____________________ 2016 (the “Agreement”), under which the Service Provider is providing Randstad and/or Randstad Stakeholders with certain services (the “Services”).
The parties agree as follows:
2. Definitions
“END USER” MEANS THE INDIVIDUALS AUTHORISED BY RANDSTAD TO ACCESS AND USE THE SERVICES PROVIDED BY THE SERVICE PROVIDER UNDER THE AGREEMENT.
“PERSONAL DATA” MEANS THE DATA CONCERNING AN IDENTIFIED OR IDENTIFIABLE NATURAL PERSON PROCESSED OR TO BE PROCESSED BY THE SERVICE PROVIDER IN THE CONTEXT OF THIS ADDENDUM/THE AGREEMENT
“SECURELY DESTROY” MEANS TAKING ACTIONS THAT RENDER DATA WRITTEN ON PHYSICAL (E.G., HARDCOPY, MICROFICHE, ETC.) OR ELECTRONIC MEDIA UNRECOVERABLE BY BOTH ORDINARY AND EXTRAORDINARY MEANS. THESE ACTIONS MUST MEET OR EXCEED THOSE SECTIONS OF APPLICABLE AUSTRALIAN LEGISLATION AND/OR GUIDELINES RELEVANT TO DATA CATEGORISED AS PERSONAL DATA.
“SECURITY BREACH” MEANS A SECURITY-RELEVANT EVENT IN WHICH THE SECURITY OF A SYSTEM OR PROCEDURE USED TO CREATE, OBTAIN, TRANSMIT, MAINTAIN, USE, PROCESS, STORE OR DISPOSE OF DATA IS BREACHED, AND IN WHICH RANDSTAD DATA IS EXPOSED TO UNAUTHORISED DISCLOSURE, ACCESS, ALTERATION, OR USE.
“SERVICES” MEANS ANY GOODS OR SERVICES ACQUIRED BY RANDSTAD FROM THE SERVICE PROVIDER.
“RANDSTAD DATA” MEANS DATA PROVIDED TO THE SERVICE PROVIDER BY RANDSTAD WHICH INCLUDES ALL PERSONALLY IDENTIFIABLE INFORMATION OF ANY RANDSTAD STAKEHOLDER AND OTHER INFORMATION THAT IS NOT INTENTIONALLY MADE GENERALLY AVAILABLE BY RANDSTAD ON PUBLIC WEBSITES OR PUBLICATIONS, INCLUDING BUT NOT LIMITED TO BUSINESS, ADMINISTRATIVE AND FINANCIAL DATA, INTELLECTUAL PROPERTY, AND PERSONAL DATA OF ANY RANDSTAD STAKEHOLDER.
“RANDSTAD STAKEHOLDERS” MEANS THE PERSON OR PERSONS WHOSE PERSONAL DATA WILL BE PROCESSED IN CONNECTION WITH THE PROVISION OF THE SERVICES INCLUDING BUT NOT LIMITED TO RANDSTAD’S CANDIDATES, EMPLOYEES, CONTRACTORS AND CUSTOMERS OR PROSPECTIVE CUSTOMERS.
“Registered User” means an individual who creates a profile on and/or otherwise becomes a registered user of the Service Provider’s platform, system or services.
“Territory” means Australia.
2. Rights and license in and to Randstad Data
2.1 The parties agree that as between them, all rights including all intellectual property rights in and to Randstad Data shall remain the exclusive property of Randstad, and the Service Provider has a limited, nonexclusive license to use these data as provided in the Agreement solely for the purpose of performing its obligations hereunder. This agreement does not give a party any rights, implied or otherwise, to the other’s data, content, or intellectual property, except as expressly stated in the agreement.
2.2 The parties acknowledge and agree that once a Randstad Stakeholder or any other individual becomes a Registered User:
a) the Registered User is subject to the Service Provider’s standard user terms and conditions and privacy policy as applicable from time to time; and
b) the Service Provider will be responsible for that individual’s Personal Data in accordance with its own terms and conditions and privacy policy.
3. Intellectual property disclosure/rights
3.1 Unless expressly agreed to the contrary in writing, all goods, products, materials, documents, reports, writings, video images, photographs or papers of any nature including software or computer images prepared by the Service Provider (or its subcontractors) exclusively for Randstad under the Agreement will not be disclosed to any other person or entity without the written permission of Randstad.
3.2 The Service Provider warrants to Randstad that Randstad will own all rights, title and interest in any intellectual property created by Randstad in connection with the Randstad Data as part of the performance of the Agreement and will have full ownership and beneficial use thereof, free and clear of claims of any nature by any third party including, without limitation, copyright or patent infringement claims. The Service Provider agrees to assign and hereby assigns all rights, title, and interest in any and all intellectual property created by Randstad as part of the performance of the Agreement to Randstad, and will execute any future assignments or other documents needed for Randstad to document, register, or otherwise perfect such rights. Nothing in this section is, however, intended to or shall be construed to apply to existing intellectual property created or owned by the Service Provider that Randstad is licensing under the Agreement or that the Service Provider creates or develops independently of its obligations under the Agreement. For avoidance of doubt, Randstad asserts no intellectual property ownership under this clause to any pre-existing intellectual property of the Service Provider, and seeks ownership rights only to the extent the Service Provider is being engaged to develop certain intellectual property exclusively for Randstad as part of its services for Randstad.
4. Data privacy
4.1 The Service Provider will only use or process the Randstad Data for the purpose of fulfilling its duties under the Agreement and in accordance with the specific processing instructions contained in Annex 1 or as otherwise instructed by Randstad in writing and is not entitled to perform operations in relation to the Randstad Data for which no instruction has been given. The Service Provider will in no event process Randstad Data for any purpose other than that determined by Randstad.
4.2 The Service Provider will not share Randstad Data or disclose it to any third party without the prior written consent of Randstad, except as required by the Agreement or as otherwise required by law and in that event pursuant to Clause 9.1 below.
4.3 The Service Provider will provide access to Randstad Data only to its employees and subcontractors who need to access the data to fulfill the Service Provider’s obligations under the Agreement. The Service Provider will ensure that employees who perform work under the Agreement have read, understood, and received appropriate instruction as to how to comply with the data protection provisions of this Addendum.
4.4 Randstad Data will not be stored outside the Territory without prior written consent from Randstad. The Service Provider’s processing of Personal Data will comply with the local laws and regulations applicable in the Territory. Where applicable local law provides for a lower level of protection of Personal Data than that described in this Addendum, the requirements of this Addendum shall apply. Randstad acknowledges that the Service Provider uses third party service providers and that for some (eg Email delivery) this may involve Randstad Data being transmitted through networks and servers located outside of the Territory.
5. Data security
5.1 The Service Provider will store and process Randstad Data in accordance with commercial best practices, including appropriate administrative, physical, and technical safeguards, to secure such data from unauthorised access, disclosure, alteration, and use. Such measures will be no less protective than those used to secure the Service Provider’s own data of a similar type, and in no event less than reasonable in view of the type and nature of the data involved.
5.2 Without limiting the foregoing, the Service Provider warrants that in respect of the delivery of the Services under the Agreement, it has implemented the following with respect to its software platform and will guarantee these during the term of the Addendum/Agreement:
a) an information security management system that uses external service providers who are certified compliant with ISO27001/2:2013; or
b) all the security measures contained in annex II.
6. Employee background checks and qualifications
6.1 The Service Provider shall ensure that its employees who will have potential access to Randstad Data have passed appropriate, industry standard, background screening and possess the qualifications and training to comply with the terms of the Agreement.
7. Data authenticity and integrity
7.1 The Service Provider will take reasonable measures, including audit trails, to protect Randstad Data stored with the Service Provider against deterioration or degradation of data quality and authenticity but will have no responsibility for any actions of any Randstad employee or end user or any firm as may be appointed by Randstad to migrate any Randstad Data which cause any such deterioration or degradation. Any such selected firm selected by Randstad must be notified to the Service Provider in writing and be acceptable to the Services Provider acting reasonably, and will be responsible during the term of the Agreement, unless otherwise specified elsewhere in this Addendum, for converting and migrating electronic data as often as necessary so that information is not lost due to hardware, software, or media obsolescence or deterioration.
8. Security breach
8.1 Upon becoming aware of a security breach with respect to the Service Provider’s system or services which has or would be reasonably likely to have a material adverse effect on Randstad, or of circumstances that are reasonably understood to suggest such a security breach is likely, the Service Provider will timely notify Randstad consistent with applicable local law, fully investigate the incident, and cooperate fully with Randstad’s reasonable investigation of and response to the incident. Except as otherwise required by law, the Service Provider will not provide notice of the incident directly to individuals whose personally identifiable information was involved, regulatory agencies, or other entities, without prior written permission from Randstad.
8.2 If the Service Provider must under the Agreement create, obtain, transmit, use, maintain, process, or dispose of the subset of Randstad Data known as Personal Data then in addition to any other remedies available to Randstad under law or equity the Service Provider will:
a) reimburse Randstad in full for all reasonable costs incurred by Randstad in investigation and remediation of any security breach caused by the Service Provider with respect to such Personal Data, including but not limited to providing notification to individuals whose Personal Data was compromised and to regulatory agencies or other entities as required by law or contract;
b) the payment of reasonable legal fees, audit costs, fines, and other fees imposed by regulatory agencies or contracting partners as a result of the security breach.
8.3 If the Service Provider will under the Agreement create, obtain, transmit, use, maintain, process, or dispose of the subset of Randstad Data known as Personal Data, then in addition to any other remedies available to Randstad under law or equity, the Service Provider will reimburse Randstad in full for all costs reasonably incurred by Randstad in investigation and remediation of any security breach caused by the Service Provider.]
9. Response to legal orders, demands or requests for data
9.1 Except as otherwise expressly prohibited by law, the Service Provider will:
a) promptly notify Randstad of any subpoenas, warrants, or other legal orders, demands or requests received by the Service Provider seeking Randstad Data;
b) reasonably consult with Randstad regarding its response;
c) cooperate with Randstad’s reasonable requests in connection with efforts by Randstad to intervene and quash or modify the legal order, demand or request; and
d) upon Randstad’s request, provide Randstad with a copy of its response.
9.2 If Randstad receives a subpoena, warrant, or other legal order, demand (including request pursuant to applicable laws) or request seeking Randstad Data maintained by the Service Provider, Randstad will promptly provide a copy to the Service Provider. The Service Provider will promptly supply Randstad with copies of data required for Randstad to respond, and will cooperate with Randstad’s reasonable requests in connection with its response.
10. Data transfer upon termination or expiration
10.1 Upon termination or expiration of the Agreement, the Service Provider will ensure that all Randstad Data is securely returned or destroyed as directed by Randstad in its sole discretion. Transfer to Randstad or a third party designated by Randstad shall occur within a reasonable period of time, and without significant interruption in service. the Service Provider shall use reasonable efforts to facilitate that such transfer/migration adopts a standard format that as is reasonably agreed between the parties and compatible with the relevant systems of Randstad or its transferee, and to the extent technologically feasible, that Randstad will have reasonable access to Randstad Data during the transition. In the event that Randstad requests destruction of its data, the Service Provider agrees to securely destroy all data in its possession and in the possession of any subcontractors or agents to which the Service Provider might have transferred Randstad Data. The Service Provider agrees to provide reasonable documentation of data destruction to Randstad.
10.2 So far as is reasonably practicable, the Service Provider will notify Randstad of impending cessation of its business and any contingency plans, and will use all reasonable endeavours if necessary to provide Randstad with reasonable access to the Service Provider’s system to remove and destroy exclusively Randstad-owned assets and data. Where applicable, the Service Provider shall use all reasonable endeavours to implement its exit plan and take all reasonable actions to ensure a smooth transition of service with minimal disruption to Randstad. Where applicable, the Service Provider will work closely with its successor to ensure a successful transition to the system (where reasonably practicable), with minimal downtime and effect on Randstad, and where reasonably practicable all such work to be coordinated and performed in advance of the formal, final transition date.
11. Audits
11.1 The Randstad reserves the right in its sole discretion to perform audits of the Service Provider at reasonable times and on providing reasonable prior notice at Randstad’s expense to ensure compliance with the terms of the Agreement. The Service Provider shall reasonably cooperate in the performance of such audits, provided that no such audit will disrupt the business carried on by the Service Provider or any services provided by the Service Provider to any of its customers. This provision 11.1 applies to all agreements under which the Service Provider must create, obtain, transmit, use, maintain, process, or dispose of Randstad Data.
11.2 If the Service Provider must under the Agreement create, obtain, transmit, use, maintain, process, or dispose of the subset of Randstad Data which contains Personal Data or financial or business data which has been identified to the Service Provider prior to the date of this Addendum as having the potential to affect the accuracy of Randstad’s financial statements, the Service Provider will at its expense conduct or have conducted no more than once annually:
a) security audit with reasonable audit objectives deemed sufficient by Randstad, which attests the Service Provider’s security policies, procedures and controls;
b) vulnerability scan of the Service Provider’s electronic systems and facilities that are used in any way to deliver electronic services under the Agreement; and
c) formal penetration test of the Service Provider’s electronic systems and facilities that are used in any way to deliver electronic services under the Agreement.
11.3 Additionally, the Service Provider will provide Randstad upon reasonable request the results of the above audits, scans and tests, and where a reasonable request is made by Randstad will modify its security measures as needed based on those results in order to meet its obligations under the Agreement. Randstad may require, at Randstad’s expense, the Service Provider to perform additional reasonable audits and tests, the results of which will be provided promptly to Randstad following payment by Randstad to the Service Provider of the Service Provider’s costs or expense in performing any such audit or test.
12. No Surreptitious Code
12.1 The Service Provider warrants that, to the best of its knowledge, the software platform licenced to Randstad by the Service Provider under the Agreement is free of and does not contain any code or mechanism that collects information or asserts control of any system operated or owned by Randstad without Randstad’s consent, or which may restrict Randstad’s access to or use of Randstad Data as held by Randstad independently outside of that software platform. The Service Provider further warrants that it will not knowingly introduce, via any means, spyware, adware, ransomware, rootkit, keylogger, virus, trojan, worm, or other code or mechanism designed to permit unauthorised access to Randstad Data, or which may restrict Randstad’s access to or use of Randstad Data as held by Randstad outside of any software platform or system operated by the Service Provider.
13. Compliance
13.1 Each of the Service Provider and Randstad will comply with all applicable laws and industry standards in performing their obligations under the Agreement. Any of the Service Provider’s or Randstad’s personnel visiting the other party’s facilities will comply with all applicable policies regarding access to, use of, and conduct within such facilities. Each such party will provide copies of such policies to the other party upon request.
13.2 The Service Provider warrants that the Services are fully compliant with relevant laws, regulations, and guidance that may be applicable to the service in the Territory.
14. Survival; Order of Precedence, Governing Law
14.1 This Addendum shall survive the expiration or earlier termination of the Agreement. In the event the provisions of this Agreement conflict with any provision of the Agreement, or the Service Providers’ warranties, support contract, or service level agreement, the provisions of this Addendum shall prevail to the extent of the conflict or inconsistency.
14.2 This Addendum is governed by the laws of the State of NSW. Disputes will be submitted to the competent court in in that place.
Signed for and on behalf of: | Signed for and on behalf of Randstad Pty | ||
Limited: | |||
Authorised Signatory: | Authorised Signatory: | ||
Name: | Name: | ||
Title: | Title: | ||
13 | ©2016 RiseSmart, Inc. | ||
Annex 1: Specific Processing Instructions
Annex 2: Security measures
The parties acknowledge and agree that for the purpose of this Annex 2, ‘Personal Data’ refers to Personal Data of any Randstad Stakeholder provided to the Service Provider by Randstad which Randstad Stakeholder has not yet become a Registered User.
1. Access control to data center premises and facilities (physical)
1.1 Service Provider will maintain commercially reasonable physical security systems at all Service Provider sites which are used to Process Personal Data;
1.2 Physical access control will be implemented for all data centers. Unauthorized access is prohibited by onsite staff, biometric scanning or security camera monitoring at all times (24 hours per day, seven days per week);
1.3 Service Provider will maintain procedures for issuing identification markers or badges to authorized staff and controlling physical access to data centers under its control which process Personal Data;
1.4 Turnstiles will be integrated with access control readers to control physical access at all data center sites at all times by requiring staff to present a photo identity card prior to entering such an Service Provider site;
1.5 Visitors must be pre-approved before coming to such Service Provider sites which are used for to Process Personal Data and will be required to present identification, sign a visitor log, and be escorted at all times while on the sites.
2. Access control to systems (virtual)
2.1 Service Provider will establish and maintain all commercially reasonable safeguards against accidental or unauthorized access to, destruction of, loss of, or alteration of the Personal Data on its systems which are used to Process Personal Data:
2.1.1 access will be granted to personnel through documented access request procedures. The employees’ managers or other responsible individuals must authorize or validate access before it is given;
2.1.2 access controls are enabled at the operating system, database, or application level;
2.1.3 administrative access will be restricted to prevent changes to systems or applications;
2.1.4 users will be assigned a single account and prohibited from sharing accounts.
3. Access control to devices and laptops
3.1 Service Provider will implement and maintain commercially reasonable security measures with respect mobile devices and laptops that are used to Process Personal Data.
4. Access control to Personal Data
4.1 Access will be granted only after Processing an approved “access control form”, i.e. LAN Logon ID, application access ID, or other similar identification.
4.2 Unique User IDs and passwords will be issued to the users.
4.3 Users, once authenticated, will be authorized for access levels based on their job functions.
5. Transmission and disclosure control
5.1 Service Provider will implement and maintain measures to prevent that Personal Data can be read, copied, modified or removed without authorization during electronic transmission or transport, and to enable to check and establish to which bodies the transfer of Personal Data by means of data transmission facilities is envisaged.
5.2 Service Provider will maintain reasonable technology and processes designed to minimize access for illegitimate Processing, including technology for the encryption of Personal Data.
6. Input control
6.1 Service Provider will maintain system and database logs for access to all Personal Data under its control;
6.2 All Service Provider systems relevant to the security of Personal Data must be configured to provide event logging to identify a system compromise, unauthorized access, or any other security violation. Logs must be protected from unauthorized access or modification;
6.3 Service Provider will maintain input controls on its systems as relevant to the security of Personal Data.
7. Job control
7.1 Service Provider will implement reasonable procedures to ensure the reliability of its employees and any other person acting under its supervision that may come into contact with, or otherwise have access to and Process, those Personal Data, such as requiring a Certificate of Good Conduct (“VOG”) prior to commencement of employment.
7.2 Service Provider will implement reasonable procedures to ensure that its personnel is aware of its responsibilities under the Agreement. Service Provider shall instruct and train all any persons it authorizes to have access to the Personal Data on the Data Protection Legislation as well as on all relevant security standards and shall commit them in written form to comply with the data secrecy, the Data Protection Legislation and other relevant security standards.
7.3 Service Provider will promptly act to revoke access to Personal Data of relevant employees or contractors of Service Provider due to termination, a change in job function, or in observance of user inactivity or extended absence.
7.4 Service Provider shall have in place a data protection policy and a document retention policy, with which its personnel must comply.
8. Incident management
8.1 Service Provider will implement, maintain an incident management procedure that allows Service Provider to inform the Controller within the required time frame of any security breach.
8.2 May a security breach (potentially) affect personal data, Service Provider must notify Randstad as per provision 4 in the Addendum.
8.3 The incident management procedure include periodic evaluation of recurring issues that might indicate a security breach.
9. Availability control
9.1 Service Provider will use all commercially reasonable endeavours to protect Personal Data against accidental destruction or loss by ensuring:
9.1.1 Workstations that are used to Process Personal Data will be protected by commercial anti-virus and malware prevention software receiving regular definition updates;
9.1.2Upon detection of a virus or malware, Service Provider will take immediate reasonable steps to arrest the spread and damage of the virus or malware and to eradicate the virus or malware.
10. Business continuity management
10.1 Service Provider will implement, maintain a business continuity plan.
10.2 Service Provider will regularly evaluate this plan.
11. Change management
11.1 Service Provider will implement, maintain a change management procedure.
11.2 As part of the change management procedure Service Provider will evaluate the impact on the security and adapt the measures where needed to maintain the agreed security level.
Terms and Conditions
Effective June 20th 2017
DownloadTable of Contents
Terms & Conditions
1. Acceptance of Terms.
1.1 RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 RiseSmart may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to monitor the Service, Content, or Your Content. RiseSmart does not screen or monitor any of Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and RiseSmart, even though it is electronic and is not physically signed by you and RiseSmart, and it governs your use of the Service and takes the place of any prior agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. We reserve the right to change RiseSmart’s prices. If RiseSmart does, RiseSmart will provide notice of the change on the Site or in email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service, RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of this TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign this TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer this TOS, in whole or in part, without restriction.
11. Governing Law.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. Apple-Enabled Software Applications
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Conditions d'utilisation
Effective June 20th 2017
DownloadTable of Contents
Modalités
1. Acceptation des Modalités.
1.1 RiseSmart, Inc. (« RiseSmart ») vous fournit son Service (tel que défini ci-dessous) par le biais de son site Web situé au http://www.RiseSmart.com (le « Site »), sous réserve de cette entente de Conditions d'Utilisation de Service (« CU »). En acceptant ces CU ou en accédant ou en utilisant le Service ou le Site, vous reconnaissez que vous avez lu, compris et acceptez d'être lié par les présentes CU. Si vous n'êtes pas d'accord avec ces CU, vous ne devez pas accepter ces CU et ne pouvez pas utiliser le Service.
1.2 RiseSmart peut changer ces CU de temps en temps sans préavis. Les Modalités révisées entreront en vigueur dès l'affichage et si vous utilisez le Service après cette date, votre utilisation constituera l'acceptation des Modalités révisées. Si un quelconque changement à ces CU ne vous est pas acceptable, votre seul recours est d'arrêter d’accéder et d’utiliser le Service.
2. Description du Service.
Le « Service » comprend (a) le Site, (b) le reclassement externe et les services de gestion de carrière de RiseSmart et d'autres services connexes (y compris les services de gestion de fichiers et d'analytique), et les technologies connexes, et (c) tous les logiciels (y compris le Logiciel, tel que défini ci-dessous), matériaux, portails, recommandations, pistes d'emploi, données, rapports, textes, images, sons, vidéos, analyses et autres contenus mis à disposition par le biais de ce qui précède (collectivement appelés le « Contenu »). Toutes les nouvelles fonctionnalités ajoutées à ou augmentant le Service sont également soumises à ces CU.
3. Conditions générales / Accès et utilisation du Service.
3.1 Sous réserve des Modalités de ces CU, vous pouvez accéder et utiliser le Service uniquement à des fins légales. Tous les droits, titres et intérêts en et au Service et ses composants resteront avec et appartiennent exclusivement à RiseSmart. Vous ne pourrez (a) sous-licencier, revendre, louer, transférer, céder, exploiter en temps partagé ou exploiter commercialement ou rendre le service disponible à un tiers; (b) utiliser le Service de manière illégale (y compris, sans limitation, en violation des lois de contrôle des données, de la vie privée ou d'exportation) ou d'une manière qui interfère avec ou perturbera l'intégrité ou l'exécution du Service ou de ses composants, (c) modifier, adapter ou pirater le service, ou autrement tenter d'obtenir un accès non autorisé au Service ou ses systèmes ou réseaux connexes; ou (d) utiliser tout Contenu sur d'autres sites Web ou tout support médiatique (par exemple, un environnement réseau). Vous devrez respecter les codes de conduite, politiques ou autres avis que RiseSmart vous fournit ou publie en relation avec le Service, et vous devrez rapidement informer RiseSmart si vous prenez connaissance d'une atteinte à la sécurité du Service. En outre, lors de l'utilisation de certains services, vous serez soumis à des conditions supplémentaires applicables à ces services qui peuvent être affichées sur le Service de temps à autre, y compris, sans s'y limiter, la Politique de Confidentialité de RiseSmart.
3.2 Tout logiciel qui peut être rendu disponible par RiseSmart en relation avec le Service (« Logiciel ») contient des informations exclusives et confidentielles qui sont protégées par la propriété intellectuelle et d'autres lois applicables. Sous réserve des modalités des présentes CU, RiseSmart vous concède un droit et une licence personnels non transférables, non cessibles et non exclusifs pour utiliser le code objet de tout Logiciel sur un seul appareil uniquement en relation avec le Service, à condition que vous ne (et ne permettiez à un tiers) copiez, modifiez, créiez une œuvre dérivée, procédiez à une ingénierie inverse, désassembliez ou tentiez de découvrir le code source ou vendre, céder, ou transférer tout droit sur tout Logiciel. Vous acceptez de ne pas accéder au Service par un autre moyen que par l'interface qui est fournie par RiseSmart pour une utilisation dans l'accès au Service. Tous les droits non expressément accordés sont réservés et aucune licence ou droit d'utilisation d’une marque de RiseSmart ou d’une tierce partie ne vous est accordé dans le cadre du Service.
3.3 Vous êtes seul responsable de toutes les données, informations, commentaires, suggestions, texte, contenu et autres matériaux que vous téléchargez, postez, livrez, fournissez, transmettez ou stockez (ci-après « transmis (ission) ») dans le cadre de ou se rapportant au Service (« Votre Contenu »). Vous déclarez et garantissez que Votre Contenu transmis par vous en rapport au Service sera exact, véridique et complet (y compris à l'égard de votre curriculum vitae, des données biographiques et renseignements sur l'emploi, si vous utilisez le Service en tant que demandeur d'emploi). Vous êtes responsable du maintien de la confidentialité de votre nom d’utilisateur, mot de passe et compte et pour toutes les activités qui se produisent sous votre nom d’utilisateur ou votre compte. RiseSmart se réserve le droit d'accéder à votre compte afin de répondre à vos demandes de support technique. En transmettant Votre Contenu sur ou via le Service, par la présente, vous octroyez et octroierez à RiseSmart une licence mondiale, non exclusive, perpétuelle, irrévocable, entièrement libérée, libre de droits, sous-licenciable et transférable afin d’utiliser, modifier, reproduire, distribuer, afficher, publier et exécuter Votre Contenu en relation avec le Service. RiseSmart a le droit, mais non l'obligation, de surveiller le Service, Contenu ou Votre Contenu. RiseSmart ne filtre ni ne surveille Votre Contenu. Vous acceptez également que RiseSmart puisse supprimer ou désactiver tout Contenu à tout moment pour toute raison (y compris, mais sans s'y limiter, à la réception de réclamations ou allégations de tiers ou des autorités relatives à ce Contenu), ou pour aucune raison.
3.4 Vous comprenez que le fonctionnement du Service, y compris Votre Contenu, peut être encodé et impliquer (a) des transmissions sur divers réseaux, (b) des changements pour se conformer et s'adapter aux exigences techniques des réseaux ou des dispositifs, (c) la transmission à des fournisseurs indépendants et des partenaires d'hébergement tiers de RiseSmart pour fournir le matériel, les logiciels, les réseaux, le stockage et la technologie connexe nécessaires pour faire fonctionner et maintenir le Service, et (d) la transmission à d’autres tiers dans le cadre de la mise à votre disposition du Service. En conséquence, vous reconnaissez que vous portez l'entière responsabilité de la sécurité, la protection et la sauvegarde adéquate de Votre Contenu. RiseSmart n’aura aucune responsabilité envers vous pour tout accès ou utilisation non autorisés de Votre Contenu, ou de toute corruption, suppression, destruction ou perte de Votre Contenu.
3.5 Si vous êtes un chercheur d'emploi, vous acceptez également d'utiliser votre propre jugement, prudence et bon sens dans la gestion des pistes d'emploi et de l'information offerte ou obtenue par le biais du Service et que vous portiez le seul risque de toute créance ou utilisation de tout Contenu (y compris toutes les pistes ou recommandations d’emploi) fourni via le Service.
3.6 L'échec de RiseSmart à exercer ou à appliquer tout droit ou disposition de ces CU ne sera pas une renonciation à ce droit. Vous reconnaissez que ces CU sont un contrat entre vous et RiseSmart, même s’il est électronique et n’est pas physiquement signé par vous et RiseSmart, et régit votre utilisation du Service et prend la place de toutes les ententes antérieures entre vous et RiseSmart.
3.7 Vous reconnaissez qu'une société cliente de RiseSmart puisse engager RiseSmart pour aider ses clients actuels et / ou anciens à la recherche d'emploi par le biais du Service (« Engagements de la Société Cliente »). Si vous utilisez le Service en vertu d'un Engagement de la Société Cliente, RiseSmart peut mettre à la disposition de la société cliente des rapports de progrès et d'autres informations qui vous identifient et indiquent l'état de votre utilisation du Service, la portée de votre utilisation du Service, votre progrès d'étape et votre statut dans la recherche d'emploi, votre satisfaction de la clientèle ou autres commentaires concernant le Service, dans chaque cas, individuellement ou de manière agrégée. Veuillez voir la Politique de Confidentialité de RiseSmart pour plus d'informations concernant la collecte, l'utilisation et le partage des informations fournies par vous et les sociétés clientes dans le cadre de l’Engagement de la Société Cliente de RiseSmart.
3.8 Si vous utilisez le service en vertu d'un Engagement de la Société Cliente, vous reconnaissez que le Service mis à votre disposition ne dépassera en aucun cas la portée, la durée ou autres limites de l'Engagement de la Société Cliente en vertu duquel vous vous voyez accorder l'accès au Service.
3.9 Vous acceptez que RiseSmart (a) puisse établir des pratiques et limites générales concernant l'utilisation du Service, y compris, sans s'y limiter, la durée maximale du temps que le Contenu sera conservé par le Service et l'espace de stockage maximal qui sera attribué en votre nom, (b ) RiseSmart n'a aucune responsabilité ou garantie pour la suppression ou le défaut de stocker tout Contenu maintenu par ou téléchargé sur le Service, et (c) peut préserver le Contenu et peut également divulguer le Contenu si nécessaire de le faire par la loi ou dans la croyance de bonne foi qu’une telle conservation ou divulgation est raisonnablement nécessaire pour: (i) se conformer à une procédure judiciaire, aux lois applicables ou demandes du gouvernement; (ii) appliquer ces CU; (iii) répondre aux allégations que le contenu viole les droits de tiers; ou (iv) protéger les droits, la propriété ou la sécurité personnelle de RiseSmart, ses utilisateurs et le public.
4. Paiement.
Dans la mesure où le Service ou une partie de celui-ci est mis à disposition pour quelconques frais (et ne sont pas autrement payés par une société cliente de RiseSmart), il vous sera demandé de choisir un plan de paiement et de fournir des informations à RiseSmart concernant votre carte de crédit ou tout autre instrument de paiement. Vous déclarez et garantissez à RiseSmart que cette information est vraie et que vous êtes autorisé à utiliser l'instrument de paiement. Vous mettrez rapidement à jour les informations de votre compte avec toutes les modifications (par exemple, un changement dans votre adresse de facturation ou de date d’expiration de votre carte de crédit) qui peuvent survenir. Vous acceptez de payer RiseSmart le montant qui est spécifié dans le plan de paiement, conformément aux modalités d’un tel plan et ces CU. Vous autorisez RiseSmart à facturer votre instrument de paiement à l'avance sur une base périodique, conformément aux modalités du plan de paiement applicable jusqu'à ce que vous résiliiez votre compte, et vous acceptez de payer tous les frais ainsi engagés. Si vous contestez les frais, vous devez en informer RiseSmart dans les soixante (60) jours après la date de facturation de RiseSmart. Nous nous réservons le droit de modifier les prix de RiseSmart. Si RiseSmart le fait, RiseSmart vous fournira un avis de modification sur le Site ou par courrier électronique, au gré de RiseSmart, au moins 30 jours avant que le changement ne prenne effet. Votre utilisation continue du Service après le changement de prix en vigueur constitue votre accord pour payer le montant modifié.
5. Représentations et Garanties.
Dans le cadre de votre utilisation, vous acceptez de NE PAS: violer toute règlementation, loi et législation locale, d’état, et fédérale, y compris, mais sans s'y limiter, les lois et réglementations américaines d'exportation, anti-discrimination, ou des lois sur l'égalité d’accès aux débouchés ; porter atteinte à tout droit de propriété intellectuelle et de confidentialité, y compris, mais sans s'y limiter, les brevets, droits d'auteur, ou secrets commerciaux, de tout tiers ; télécharger, afficher, transmettre ou stocker tout matériel qui: est illégal, offensant, diffamatoire, frauduleux, trompeur, fallacieux, nuisible, menaçant, harcelant, obscène ou répréhensible ; viole l'une de vos obligations contractuelles ou de confidentialité ; perturbe ou interfère avec le fonctionnement normal du Site, tel que l'affichage ou la transmission de virus, l'affichage en continu de matières répétitives, ou afficher une charge anormalement élevée ; ou qui n’est pas autorisée par RiseSmart, y compris, mais sans s'y limiter, tout matériel de publicité non autorisé, du matériel promotionnel non sollicité, du « courrier indésirable », des « pourriels », des « chaînes de lettres », systèmes pyramidaux, franchises, concessions, adhésion à un club, arrangement de vente ou des matériaux autrement inacceptables ; violer les droits à la vie privée ou droits personnels d’autres personnes en abusant les Matériaux, y compris, mais sans s'y limiter, harceler ou « harceler criminellement » une autre personne, envoyer des courriels non sollicités, et recueillir des renseignements personnels d'un autre ; violer ou tenter de violer les mesures de sécurité du Site ; utiliser un dispositif, un processus ou un mécanisme pour surveiller, récupérer, rechercher, ou accéder, par exemple, un collecteur ou un robot, au Site ou à tout Matériel sans le consentement écrit préalable de RiseSmart ; accéder ou tenter d'accéder à un compte ou nom d’utilisateur d’un tiers figurant sur le Site ; copier, modifier, reproduire, supprimer, distribuer, télécharger, stocker, transmettre, vendre, revendre, publier, procéder à une ingénierie renversée ou créer des œuvres dérivées du Matériel, à l'exception des matériaux qui ont été soumis et qui vous appartiennent ; afficher ou soumettre toute information inexacte, fausse ou incomplète, tels que votre curriculum vitae, vos données biographiques, ou information sur l'emploi ; usurper l'identité d'une personne ou entité ; falsifier les informations d'en-tête de tout affichage ou courrier électronique ; ou vous représenter vous-même, votre affiliation avec une tierce partie, ou votre entité de manière inexacte.
6. Résiliation.
Vous avez le droit de résilier votre compte à tout moment conformément aux procédures énoncées sur le Site ou qui vous sont fournies séparément, le cas échéant. Si vous utilisez le Service en vertu d'un Engagement de la Société Cliente, vous reconnaissez que votre accès à ce Service expirera à l'expiration ou la résiliation de l’Engagement de la Société Cliente. RiseSmart se réserve le droit de (i) de modifier ou d'interrompre, temporairement ou définitivement, le Service (ou toute partie de celui-ci) et (ii) refuser toute utilisation actuelle et future du Service, suspendre ou résilier votre compte (ou toute partie) ou l'utilisation du Service et retirer et supprimer une quelconque partie de Votre Contenu dans le Service, pour une raison quelconque, y compris si RiseSmart croit que vous avez violé ces CU. RiseSmart ne sera pas responsable envers vous ou un tiers pour toute modification, suspension ou interruption du Service. RiseSmart utilisera des efforts de bonne foi pour vous contacter afin de vous avertir avant la suspension ou la résiliation de votre compte par RiseSmart. Tout votre Contenu sur le Service (le cas échéant) peut être supprimé en permanence par RiseSmart suite à la résiliation de votre compte, à sa seule discrétion. Si RiseSmart met fin à votre compte sans motif et que vous vous êtes inscrit à un service payant, RiseSmart remboursera la portion non acquise au prorata de tout montant que vous avez payé à RiseSmart pour un tel Service. Cependant, tous les droits acquis au paiement et les termes de l'article 4-12 survivront à la résiliation de ces CU.
7. EXCLUSIONS.
LE SERVICE, Y COMPRIS LE SITE, LE CONTENU (Y COMPRIS LES PISTES D’EMPLOI, RECOMMANDATIONS ET ANALYSES) ET TOUS LES COMPOSANTS SERVEUR ET RÉSEAU SONT FOURNIS « TELS QUELS » ET « TELS QUE DISPONIBLES » SANS AUCUNE GARANTIE D'AUCUNE SORTE, ET RISESMART DÉCLINE EXPRÉSSEMENT TOUTE GARANTIE, EXPLICITE OU IMPLICITE, Y COMPRIS, MAIS SANS S'Y LIMITER, LES GARANTIES DE QUALITÉ MARCHANDE, DE TITRE, D'ADÉQUATION À UN USAGE PARTICULIER ET DE NON-VIOLATION. VOUS RECONNAISSEZ QUE RISESMART NE GARANTIT PAS QUE LE SERVICE SERA ININTERROMPU, PONCTUEL, SÉCURE, SANS ERREURS OU SANS VIRUS ET AUCUNE INFORMATION, CONSEIL OU SERVICE OBTENUS PAR VOUS DE RISESMART OU PAR LE SERVICE NE CONSTITUE UNE GARANTIE NON EXPRÉSSEMENT PRÉVUES DANS CES CU. SANS LIMITER LA PORTÉE DE CE QUI PRÉCÈDE, SI VOUS ÊTES UN CHERCHEUR D’EMPLOI, (A) VOUS RECONNAISSEZ ET ACCEPTEZ QUE LES PISTES D’EMPLOI QUE RISESMART PEUT AFFICHER SUR VOTRE COMPTE SONT REÇUES PAR DES TIERS SANS QUELCONQUE CONTRÔLE ET (B) RISESMART NE GARANTIT PAS QU’UNE QUELCONQUE PISTE D’EMPLOI SERA PRÉCISE OU LÉGITIME, QUE VOUS OBTIENDREZ UN EMPLOI PAR L'UTILISATION DU SERVICE OU QUE TOUT EMPLOI QUE VOUS TROUVEREZ PAR L'UTILISATION DU SERVICE RÉPONDRA À VOS BESOINS OU VOUS SERA APPROPRIÉ.
En aucun cas RiseSmart ne sera responsable de quelque manière que ce soit du contenu ou matériel de tiers (y compris les utilisateurs), y compris, mais sans s'y limiter, pour des erreurs ou des omissions dans tout contenu, ou pour toute perte ou dommage de toute nature, engagés à la suite de l'utilisation de ce contenu. Vous reconnaissez que RiseSmart ne filtre pas le contenu, mais que RiseSmart et ses délégués auront le droit (mais non l'obligation), à leur seule discrétion, de refuser ou de supprimer tout contenu qui est disponible via le Service. Vous acceptez que vous deviez évaluer et supporter tous les risques associés à l'utilisation de tout contenu, y compris toute confiance en l'exactitude, l'exhaustivité ou l'utilité d'un tel contenu.
8. LIMITATION DE RESPONSABILITÉ.
8.1 EN AUCUN CAS ET SOUS AUCUNE THÉORIE JURIDIQUE (SOIT PAR CONTRAT, PRÉJUDICE OU AUTRE) RISESMART NE SERA RESPONSABLE ENVERS VOUS OU UN TIERS POUR (A) TOUS DOMMAGES INDIRECTS, ACCESSOIRES, SPÉCIAUX, EXEMPLAIRES, INDIRECTS OU PUNITIFS, Y COMPRIS LA PERTE DE PROFITS, PERTE DE VENTES OU D’AFFAIRES, PERTE DE DONNÉES OU UNE INTERRUPTION D’ACTIVITÉ, OU (B) POUR QUELCONQUES DOMMAGES DIRECTS, COÛTS, PERTES OU RESPOSABILITÉS AU-DELÀ DES FRAIS PAYÉS PAR VOUS DANS LES SIX (6) MOIS PRÉCÉDANT L'ÉVÉNEMENT DONNANT LIEU A VOTRE DEMANDE OU, SI AUCUN FRAIS NE S’APPLIQUE, CENT (100 $) DOLLARS US. LES DISPOSITIONS DE CETTE SECTION ALLOUENT LES RISQUES EN VERTU DE CES CU ENTRE LES PARTIES ET LES PARTIES ONT INVOQUÉ CES RESTRICTIONS POUR DÉTERMINER SI ELLES PRENNENT PART À CES CU.
8.2 Certains états ne permettent pas l'exclusion des garanties implicites ou la limitation de responsabilité pour les dommages indirects ou consécutifs, ce qui signifie que certaines des limitations ci-dessus dans les Sections 7 (Exclusions) et 8 (Limitation de Responsabilité) peuvent ne pas s’appliquer ou être exécutoires en ce qui vous concerne. DANS CES ÉTATS, LA RESPONSABILITÉ DE RISESMART SERA LIMITÉE DANS LA MESURE AUTORISÉE PAR LA LOI. SI VOUS ÊTES UN UTILISATEUR DU NEW JERSEY, LES SECTIONS 7 (EXCLUSIONS) ET 8 (LIMITATION DE RESPONSABILITE) SONT DESTINÉES À N’ÊTRE AU SENS AUSSI LARGES QU’IL EST AUTORISÉ PAR LA LOI DU NEW JERSEY. SI UNE PARTIE DE CES SECTIONS EST JUGÉE INVALIDE EN VERTU DE LA LOI DU NEW JERSEY, LA NULLITÉ DE CETTE PORTION N’AFFECTERA PAS LA VALIDITÉ DES PARTIES RESTANTES DE LA SECTION APPLICABLE.
9. Indemnisation.
Vous devrez défendre, indemniser et exonérer RiseSmart de et contre toutes réclamations, actions ou demandes, y compris sans s'y limiter, les frais juridiques et comptables raisonnables, découlant ou résultant de votre violation des présentes CU, Votre Contenu, ou votre autre accès, contribution à, utilisation ou mauvaise utilisation du Service. RiseSmart vous avisera de telle réclamation, poursuite ou demande. RiseSmart se réserve le droit d'assumer la défense et le contrôle exclusif de toute question qui fait l'objet d'une indemnisation en vertu du présent article. Dans ce cas, vous acceptez de coopérer avec toute demande raisonnable aidant la défense de RiseSmart en de semblables matières. Nonobstant ce qui précède, vous n’aurez aucune obligation d'indemniser, de défendre ou de tenir à couvert RiseSmart de ou contre toutes réclamations, actions ou demandes découlant de toute action ou inaction de RiseSmart.
10. Cession.
Vous ne pouvez pas cédez ces CU sans le consentement écrit préalable de RiseSmart, mais RiseSmart peut céder ou transférer ces CU, en tout ou en partie, sans restriction.
11. Droit applicable.
Ces CU sont régis par les lois de l'État de la Californie, sans égard aux principes de conflits de lois. Sauf si autrement élu par RiseSmart dans un cas particulier, vous acceptez expressément de vous soumettre à la compétence exclusive des tribunaux fédéraux et d'état de l’État de la Californie dans le but de résoudre tout différend relatif à l'accès ou l'utilisation du Service.
12. DMCA
Le Digital Millennium Copyright Act de 1998 (« DMCA ») prévoit un recours pour les propriétaires de droits d'auteur qui croient que le matériel apparaissant sur l'Internet porte atteinte à leurs droits en vertu du droit d'auteur des États-Unis. RiseSmart traitera et enquêtera rapidement sur les avis d'infraction présumée et prendra les mesures appropriées en vertu du DMCA et autres lois de propriété intellectuelle applicables à l'égard de toute infraction présumée ou réelle. Un avis de violation de droits d'auteur doit être envoyé par courriel à l’Agent du Droit d'Auteur de RiseSmart au ddavenport@risesmart.com (ligne d'objet : « DMCA » Requête pour Retrait). Vous pouvez également nous contacter par courrier ou par télécopieur au :
Attention : Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, bureau 800
San Jose, CA 95113
Télécopieur : (408) 886-3155
RiseSmart, Inc.
55 Almaden Boulevard, bureau 800
San Jose, CA 95113
Télécopieur : (408) 886-3155
Notez : Afin d’être efficace, l’avis doit être fait par écrit et contenir les informations suivantes :
- une signature électronique ou physique de la personne autorisée à agir au nom du titulaire du droit d'auteur ou un autre droit de propriété intellectuelle ;
- une description de l'œuvre protégée ou autre propriété intellectuelle que vous réclamez comme ayant été violée ;
- une description de l'endroit où est situé sur le Site le matériel que vous alléguez viole, avec suffisamment de détails pour que nous puissions le trouver sur le Site ;
- votre adresse, numéro de téléphone et adresse de courriel ;
- une déclaration faite par vous que vous croyez de bonne foi que l'utilisation contestée n’est pas autorisée par le droit d'auteur ou le propriétaire de la propriété intellectuelle, son agent ou la loi ;
- une déclaration faite par vous, faite sous peine de parjure, que les informations ci-dessus dans votre Avis sont exactes et que vous êtes le propriétaire du droit d'auteur ou de la propriété intellectuelle ou autorisé à agir au nom du propriétaire du droit d'auteur ou de la propriété intellectuelle.
13. Applications de logiciel compatibles avec Apple
RiseSmart propose des applications de Logiciel qui sont destinées à être exploitées avec des produits commercialement mis à disposition par Apple Inc. (« Apple »), parmi d'autres plates-formes. En ce qui concerne les Logiciels qui sont mis à votre disposition pour votre usage dans le cadre d'un produit de marque Apple (tel Logiciel, « Logiciel Compatible avec Apple »), en plus des autres modalités énoncées dans les présentes CU, les modalités suivantes s’appliquent :
- RiseSmart et vous reconnaissez que ces CU sont conclus entre RiseSmart et vous uniquement, et non pas avec Apple, et que, entre RiseSmart et Apple, RiseSmart, et non Apple, est le seul responsable du Logiciel Compatible avec Apple et de son contenu.
- Vous ne pouvez pas utiliser le Logiciel Compatible avec Apple d'une manière qui est en violation des ou incompatibles avec les Règles d'utilisation prévues pour le Logiciel Compatible avec Apple, ou autrement être en conflit avec les Conditions d’Utilisation de l’App Store.
- Votre licence d'utilisation du Logiciel Compatible avec Apple est limitée à une licence non transférable pour utiliser le Logiciel Compatible avec Apple sur un Produit iOS dont vous êtes le propriétaire ou en contrôle, dans la mesure permise par les Règles d'Utilisation énoncées dans les Conditions d’Utilisation de l’App Store.
- Apple n'a aucune obligation de fournir des services de maintenance ou de soutien à l'égard du Logiciel Compatible avec Apple.
- Apple décline toute responsabilité pour toutes les garanties, expresses ou implicites par la loi. En cas de défaillance du Logiciel Compatible avec Apple à se conformer à toute garantie applicable, vous pouvez en aviser Apple, et Apple vous remboursera le prix d'achat du Logiciel Compatible avec Apple, le cas échéant; et, dans la mesure maximale permise par la loi applicable, Apple n’aura aucune autre obligation de garantie, à l'égard du Logiciel Compatible avec Apple, ou autres réclamations, pertes, responsabilités, dommages, coûts ou dépenses imputables à tout manquement à se conformer à toute garantie, qui sera la seule responsabilité de RiseSmart, dans la mesure où il ne peut être exclu en vertu du droit applicable.
- RiseSmart et vous reconnaissez que RiseSmart, et non Apple, est chargé de traiter toutes les réclamations faites par vous ou une tierce partie concernant le Logiciel Compatible avec Apple ou votre possession et / ou utilisation de ce Logiciel Compatible avec Apple, y compris, mais sans s'y limiter : (i) les réclamations en responsabilité de produit; (ii) toute réclamation que le Logiciel Compatible avec Apple ne parvient pas à se conformer à toute obligation légale ou réglementaire applicable; et (iii) les réclamations découlant de la protection des consommateurs ou des lois similaires.
- En cas de réclamation d'un tiers que le Logiciel Compatible avec Apple ou la possession et l'utilisation de l'utilisateur final de ce Logiciel Compatible avec Apple viole les droits de propriété intellectuelle de tiers, comme entre RiseSmart et Apple, RiseSmart, et non Apple, sera seul responsable de l'enquête, de la défense, de l'établissement et de la décharge d'une telle réclamation de violation de propriété intellectuelle.
- Vous déclarez et garantissez que (i) vous n'êtes pas situé dans un pays qui est soumis à un embargo du gouvernement des États-Unis, ou qui a été désigné par le gouvernement des États-Unis comme étant un pays « soutenant le terrorisme » ; et (ii) que vous ne figurez pas sur une liste du gouvernement américain des partis interdits ou restreints.
- Si vous avez des questions, des plaintes ou des réclamations en ce qui concerne le Logiciel Compatible avec Apple, elles devraient être envoyées à RiseSmart comme suit :
RiseSmart et vous reconnaissez et acceptez que Apple et les filiales d'Apple, sont des tiers bénéficiaires de ces CU en ce qui concerne le Logiciel Compatible avec Apple, et que, lors de votre acceptation des Modalités des présentes CU, Apple aura le droit (et sera réputé avoir accepté le droit) de faire respecter ces CU contre vous en ce qui concerne le Logiciel Compatible avec Apple en tant que tiers bénéficiaire de celles-ci.
Terms and Conditions
Effective June 20th 2024
DownloadTable of Contents
Effective November 21, 2022
TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your résumé, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
4.1 Client Paid Participants: In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorized RiseSmart to provide to you (i.e., you will not be charged for the specific Service package they have authorized RiseSmart to provide to you.)
4.2 Direct Consumers: In the event Section 4.1 immediately above does not apply to your use of the Service (i.e. you have chosen to purchase RiseSmart services yourself), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes of any jurisdiction, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your résumé, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment (if applicable) and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING, WITHOUT LIMITATION, JOB AND CAREER DEVLEOPMENT LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER OR CAREER DEVELOPMENT SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS OR OTHER INFORMATION WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT OR CAREER DELVEOPMENT THROUGH THE USE OF THE SERVICE, OR THAT ANY EMPLOYMENT OR CAREER DEVELOPMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU. Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at user.support@risesmart.com (subject line: “DMCA Takedown Request”). You may also contact RiseSmart by mail at:
Attention: Copyright Agent
RiseSmart, Inc.
3625 Cumberland Blvd, Suite 600
RiseSmart, Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that RiseSmart may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
Atlanta, GA 30339 United States
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.randstadrisesmart.com/terms-conditions
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Effective November 21st 2022 to June 20th 2024
DownloadTable of Contents
Effective November 21, 2022
TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your résumé, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
4.1 Client Paid Participants: In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorized RiseSmart to provide to you (i.e., you will not be charged for the specific Service package they have authorized RiseSmart to provide to you.)
4.2 Direct Consumers: In the event Section 4.1 immediately above does not apply to your use of the Service (i.e. you have chosen to purchase RiseSmart services yourself), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes of any jurisdiction, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your résumé, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment (if applicable) and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING, WITHOUT LIMITATION, JOB AND CAREER DEVLEOPMENT LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER OR CAREER DEVELOPMENT SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS OR OTHER INFORMATION WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT OR CAREER DELVEOPMENT THROUGH THE USE OF THE SERVICE, OR THAT ANY EMPLOYMENT OR CAREER DEVELOPMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU. Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at user.support@risesmart.com (subject line: “DMCA Takedown Request”). You may also contact RiseSmart by mail at:
Attention: Copyright Agent
RiseSmart, Inc.
3625 Cumberland Blvd, Suite 600
RiseSmart, Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that RiseSmart may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
user.support@risesmart.com
RiseSmart, Inc.
3625 Cumberland Blvd, Suite 600
RiseSmart, Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.randstadrisesmart.com/terms-conditions
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Effective February 4th 2020 to November 21st 2022
DownloadSummary of changes
Version with randstandrisesmart website and other updates
Table of Contents
TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your résumé, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
4.1 Client Paid Participants: In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorized RiseSmart to provide to you (i.e., you will not be charged for the specific Service package they have authorized RiseSmart to provide to you.)
4.2 Direct Consumers: In the event Section 4.1 immediately above does not apply to your use of the Service (i.e. you have chosen to purchase RiseSmart services yourself), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes of any jurisdiction, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your résumé, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment (if applicable) and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING, WITHOUT LIMITATION, JOB AND CAREER DEVLEOPMENT LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER OR CAREER DEVELOPMENT SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS OR OTHER INFORMATION WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT OR CAREER DELVEOPMENT THROUGH THE USE OF THE SERVICE, OR THAT ANY EMPLOYMENT OR CAREER DEVELOPMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU. Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at user.support@risesmart.com (subject line: “DMCA Takedown Request”). You may also contact RiseSmart by mail at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that RiseSmart may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.randstadrisesmart.com/terms-conditions
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Effective February 3, 2020
Effective February 4th 2020 to February 4th 2020
DownloadTable of Contents
TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your résumé, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
4.1 Client Paid Participants: In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorized RiseSmart to provide to you (i.e., you will not be charged for the specific Service package they have authorized RiseSmart to provide to you.)
4.2 Direct Consumers: In the event Section 4.1 immediately above does not apply to your use of the Service (i.e. you have chosen to purchase RiseSmart services yourself), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes of any jurisdiction, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your résumé, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment (if applicable) and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING, WITHOUT LIMITATION, JOB AND CAREER DEVLEOPMENT LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER OR CAREER DEVELOPMENT SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS OR OTHER INFORMATION WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT OR CAREER DELVEOPMENT THROUGH THE USE OF THE SERVICE, OR THAT ANY EMPLOYMENT OR CAREER DEVELOPMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU. Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at user.support@risesmart.com (subject line: “DMCA Takedown Request”). You may also contact RiseSmart by mail at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that RiseSmart may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.randstadrisesmart.com/terms-conditions
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Effective February 3, 2020
Effective February 4th 2020 to February 4th 2020
DownloadTable of Contents
TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your résumé, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
4.1 Client Paid Participants: In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorized RiseSmart to provide to you (i.e., you will not be charged for the specific Service package they have authorized RiseSmart to provide to you.)
4.2 Direct Consumers: In the event Section 4.1 immediately above does not apply to your use of the Service (i.e. you have chosen to purchase RiseSmart services yourself), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes of any jurisdiction, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your résumé, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment (if applicable) and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING, WITHOUT LIMITATION, JOB AND CAREER DEVLEOPMENT LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER OR CAREER DEVELOPMENT SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS OR OTHER INFORMATION WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT OR CAREER DELVEOPMENT THROUGH THE USE OF THE SERVICE, OR THAT ANY EMPLOYMENT OR CAREER DEVELOPMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU. Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at user.support@risesmart.com (subject line: “DMCA Takedown Request”). You may also contact RiseSmart by mail at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that RiseSmart may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.randstadrisesmart.com/terms-conditions
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Effective February 3, 2020
Effective January 19th 2019 to February 4th 2020
DownloadTable of Contents
TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 RiseSmart, Inc. and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.RiseSmart.com) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your résumé, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorized RiseSmart to provide to you.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes of any jurisdiction, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your résumé, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING, WITHOUT LIMITATION, JOB AND CAREER DEVLEOPMENT LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER OR CAREER DEVELOPMENT SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS OR OTHER INFORMATION WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT OR CAREER DELVEOPMENT THROUGH THE USE OF THE SERVICE, OR THAT ANY EMPLOYMENT OR CAREER DEVELOPMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU. Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at user.support@risesmart.com (subject line: “DMCA Takedown Request”). You may also contact RiseSmart by mail at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that RiseSmart may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Effective January 18, 2019
Effective June 20th 2017 to January 19th 2019
DownloadTable of Contents
TERMS & CONDITIONS
- Acceptance of Terms.
1.1 RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 RiseSmart may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to monitor the Service, Content, or Your Content. RiseSmart does not screen or monitor any of Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and RiseSmart, even though it is electronic and is not physically signed by you and RiseSmart, and it governs your use of the Service and takes the place of any prior agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. We reserve the right to change RiseSmart’s prices. If RiseSmart does, RiseSmart will provide notice of the change on the Site or in email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service, RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of this TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign this TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer this TOS, in whole or in part, without restriction.
11. Governing Law.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
Privacy Statement
Effective September 1st 2023
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Samenwerkingsafspraken Randstad RiseSmart
Deze samenwerkingsafspraken zijn van toepassing op de verhouding tussen Randstad RiseSmart en de door haar te begeleiden Kandidaat en/of te re-integreren (ex-)medewerker. In deze samenwerkingsafspraken is vastgelegd wat we met betrekking tot deze dienstverlening van elkaar mogen verwachten en hoe we samenwerken en welke afspraken we met elkaar maken.
Definities:
In deze Samenwerkingsafspraken gelden de volgende definities:
Randstad: Randstad RiseSmart b.v., een onderneming van Randstad Nederland b.v., statutair gevestigd te Amsterdam tevens handelend onder de naam Randstad RiseSmart, Baanbrekend en Randstad Participatie. Hierna te noemen Randstad en/of Randstad RiseSmart.
Trajecten:
Begeleiding en/of bemiddeling: de dienstverlening van Randstad RiseSmart bestaande uit begeleidings- en/of arbeidsbemiddelingsactiviteiten in de ruimste zins des woords, zoals duurzame inzetbaarheid (waaronder trainingen/workshops/arbeidsmarktscan), outplacement en coaching.
Re-integratie: de dienstverlening van Randstad RiseSmart bestaande uit alle begeleidings- en bemiddelingsactiviteiten die worden verricht om te bevorderen dat iemand (weer) terug kan keren in het arbeidsproces. Zoals activiteiten in het kader van bijvoorbeeld de Wet Verbetering Poortwachter (WVP) en de Participatiewet.
Betrokkenen:
Kandidaat: de natuurlijke persoon ten behoeve van wie – op grond van een daartoe strekkende overeenkomst van opdracht tussen Randstad RiseSmart en de Opdrachtgever – begeleidings- en/of bemiddelingsactiviteiten, en/of re-integratieactiviteiten worden verricht. Omwille van de leesbaarheid wordt steeds gesproken over “hij”. Hiermee wordt natuurlijk ook bedoeld “zij” en “hen”, hierna gezamenlijk te noemen Kandidaat en/of kandidaten.
Opdrachtgever: de (publieke) rechtspersoon of instelling die ten behoeve van de Kandidaat gebruik maakt van de diensten van Randstad.
Contactpersoon: de coach/adviseur/werknemer van Randstad, die de bemiddeling en/of begeleidingsactiviteiten, ofwel de re-integratie voor de Kandidaat primair verzorgt.
Aanleiding:
Randstad ondersteunt bij de instroom van kandidaten met afstand tot de arbeidsmarkt, bij het verhogen van de inzetbaarheid (doorstroom) en bij het vinden van werk (uitstroom). De samenwerking tussen de Kandidaat en Randstad komt tot stand op verzoek van de Opdrachtgever. Tussen Randstad en Opdrachtgever is een overeenkomst gesloten op basis waarvan Randstad de begeleiding en/of bemiddeling en/of re-integratie zal uitvoeren.
Algemene afspraken:
- Randstad zal zich tot het uiterste inspannen om een optimale bijdrage te leveren aan de door de Kandidaat en Opdrachtgever vastgestelde doelstellingen binnen de wettelijke kaders omtrent de begeleiding en/of bemiddeling en/of re-integratie. Van de Kandidaat wordt een goede motivatie en maximale inzet verwacht om de doelstellingen van de begeleiding en/of bemiddeling te realiseren. Dit betekent onder meer dat hij, behoudens overmacht, op een constructieve wijze zal deelnemen aan alle onderdelen van de re-integratie en/of het begeleidings- en/of bemiddelingsprogramma.
- De Contactpersoon van Randstad zal zich in de relatie tot de Kandidaat en de Opdrachtgever onafhankelijk en integer opstellen. Randstad zal er dan ook voor waken dat in haar relatie met de Opdrachtgever andere belangen zijn dan die van de uitvoering van de opdracht tot begeleiding/bemiddeling en/of re-integratie een rol zullen spelen.
- Aan de Kandidaat zullen geen kosten voor de begeleiding en/of bemiddeling en/of re-integratie in rekening worden gebracht. Deze eventuele kosten worden door Randstad in rekening gebracht bij de Opdrachtgever.
- Voor een goede uitvoering van deze diensten en activiteiten verwerkt Randstad persoonsgegevens van betrokkenen. Voor alle activiteiten geldt dat Randstad de gegevens verwerkt die bij aanvang van de betreffende activiteit worden aangeleverd, bijvoorbeeld door haar Opdrachtgever of door uzelf. Dit kunnen gegevens zijn zoals bijvoorbeeld naam, geboortedatum, adres, woonplaats, telefoonnummer, e-mailadres en soortgelijke voor communicatie benodigde gegevens, gevolgde opleidingen, diploma’s en opgedane werkervaring. Tijdens het traject worden eveneens gegevens verwerkt. Welke gegevens dit zijn en voor welk doel verschilt per activiteit. Randstad gaat zorgvuldig om met persoonsgegevens overeenkomstig het Privacystatement. Door ondertekening van deze samenwerkingsafspraken bevestigt de Kandidaat dat hij kennisgenomen heeft van dit Privacystatement. Heeft u vragen/opmerkingen/klachten over de bescherming van uw persoonsgegevens door Randstad, dan kunt u terecht bij uw Contactpersoon.
- In het kader van de uitvoering van de diensten en activiteiten kan Randstad - met inachtneming van het hiervoor bepaalde - de Opdrachtgever (periodiek) informeren omtrent het plan van aanpak, de voortgang en de uitkomst van de begeleiding-, arbeidsbemiddeling en/of re-integratie. Een eventueel individueel plan van aanpak en/of rapportage zal niet eerder aan Opdrachtgever verzonden worden, dan nadat de Kandidaat hiermee heeft ingestemd, tenzij de wet anders bepaalt. De Contactpersoon streeft ernaar om de individuele voortgang en/of rapportage met de Opdrachtgever en de Kandidaat te bespreken middels een gesprek. Het delen van deze informatie vindt plaats op basis van een van de wettelijke grondslagen zoals bedoeld in artikel 6 lid 1 sub a, b, c en f van de Algemene Verordening Gegevensbescherming.
- Het kan mogelijk zijn dat Randstad op grond van wet-en regelgeving gehouden is om informatie te delen met derden (zoals bijvoorbeeld UWV). Het delen van deze informatie vindt plaats op basis van een van de wettelijke grondslagen zoals bedoeld in artikel 6 lid 1 sub a, b, c en f van de Algemene Verordening Gegevensbescherming.
- Het staat de Kandidaat jegens Randstad vrij om de deelname aan een begeleidings- en/of bemiddeling en/of re-integratie te onderbreken of tussentijds te beëindigen. De Kandidaat dient er echter rekening mee te houden dat het niet meewerken aan, onderbreken of tussentijdse beëindigen van het traject door schuld of toedoen van de Kandidaat kan worden aangemerkt als overtreding van de wettelijke voorschriften tot het verkrijgen en behouden van het overeengekomen loon, danwel een uitkering. Een overtreding als genoemd kan leiden tot een loonsanctie en/of tijdelijke of blijvende weigering of intrekking van de uitkering. Randstad is jegens de Kandidaat niet verantwoordelijk voor dergelijke gevolgen.
- Indien de Kandidaat wegens ziekte, arbeidsongeschiktheid, vakantie of andere bijzondere omstandigheden niet in staat is om één of meerdere bijeenkomsten, activiteiten of een gesprek met de Contactpersoon bij te wonen dient hij dit, voor zover redelijkerwijs mogelijk, uiterlijk 24 uur voor aanvang van de bijeenkomst of activiteit bij Randstad te melden. De Kandidaat heeft uiteraard ook de verplichting om zich ziek te melden en/of verlof aan te vragen bij de Opdrachtgever en/of de uitkeringsinstantie. Randstad mag de (reden van) afwezigheid registreren en de Opdrachtgever hiervan op de hoogte stellen.
- Indien de Kandidaat bij herhaling niet bereikbaar is of adviezen van de Contactpersoon niet opvolgt, onvoldoende motivatie toont, de begeleiding belemmert of zich anderszins niet aan de in deze samenwerkingsafspraken omschreven verplichtingen houdt, zal Randstad genoodzaakt en gerechtigd zijn de Opdrachtgever hierover informeren. Randstad zal daartoe overgaan nadat de Kandidaat daarop is aangesproken en mogelijkheid heeft gekregen om alsnog na te komen. Randstad kan in dat geval, na de Kandidaat hierover geïnformeerd te hebben, de begeleiding en/of bemiddeling en/of re-integratie eenzijdig - geheel dan wel gedeeltelijk - opschorten of beëindigen.
- Van de Kandidaat wordt verwacht dat hij de Contactpersoon alle gegevens verstrekt die relevant zijn in het kader van de begeleiding, arbeidsbemiddeling en/of re-integratie. Randstad gaat ervan uit dat de verstrekte informatie juist en volledig is. Randstad kan indien de verstrekte informatie niet juist en/of onvolledig is, na de Kandidaat hierover geïnformeerd te hebben, de begeleiding en/of bemiddeling en/of re-integratie eenzijdig - geheel dan wel gedeeltelijk - opschorten of beëindigen
- Randstad mag de re-integratie geheel dan wel gedeeltelijk opschorten, indien de Kandidaat wegens ziekte, zwangerschap en/of andere bijzondere omstandigheden niet in staat is om (actief) deel te nemen aan (onderdelen van) het (re-integratie-)programma. Randstad zal niet overgaan tot opschorting alvorens zij haar voornemen tot opschorting heeft besproken met de Kandidaat en de Opdrachtgever.
- In geval van een klacht of probleem is het uitgangspunt van Randstad dat er zoveel mogelijk in onderling overleg naar een bevredigende oplossing wordt gezocht, samen met de Contactpersoon en eventueel de Opdrachtgever. Lukt dit niet, dan beschikt Randstad over een klachtenprocedure: de Kwaliteitslijn van Randstad Nederland. Op dit centrale meldpunt worden telefonisch, schriftelijk en per mail binnengekomen klachten meteen behandeld. De Kwaliteitslijn registreert deze klachten en begeleidt het afhandelingsproces. De Kwaliteitslijn is als volgt te bereiken: Randstad Nederland t.a.v. Centraal Meldpunt Klachten, Postbus 12600, 1100 AP Amsterdam Zuidoost, E-mail: kwaliteitslijn@nl.randstad.com, tel.nr. 0800 4000 240.
De Kandidaat verklaart akkoord te gaan met de samenwerkingsafspraken van Randstad.
Effective June 12th 2018 to September 1st 2023
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PRIVACYSTATEMENT RISESMART TECHNOLOGIE
In het geval wij uw persoonsgegevens verwerken bij het gebruik van de RiseSmart Technologie, doen wij dit in overeenstemming met dit Privacystatement. Indien de RiseSmart Technologie geen onderdeel uitmaakt van de Service, is het Privacystatement van Randstad Nederland van toepassing.
Randstad is ervan overtuigd dat de persoonlijke levenssfeer van haar deelnemers, kandidaten, werknemers en andere relaties en bezoekers van de website van essentieel belang is. Uw persoonsgegevens worden dan ook met de grootst mogelijke zorgvuldigheid behandeld en beveiligd, conform de eisen die de geldende wetgeving inzake bescherming van persoonsgegevens hieraan stelt.
Wie zijn we
Randstad Nederland bv, gevestigd te Amsterdam, (hierna Randstad genoemd), is verantwoordelijk voor de door haar verwerkte persoonsgegevens (Verwerkings) Verantwoordelijke in de zin van de geldende wetgeving inzake bescherming van persoonsgegevens).
Randstad verleent o.a. services voor outplacement en loopbaanmanagement. Deze Randstad services (hierna de Service genoemd) die wij aan u en uw klanten verlenen, zowel persoonlijk als via onze website, zijn onderworpen aan onze voorwaarden (zie de Website) en dit Privacystatement. Voor de Service maken wij gebruik van onze RiseSmart Technologie.
De Service omvat (a) de website, (b) Randstad services voor outplacement en loopbaanmanagement, daarmee gerelateerde RiseSmart Technologie en andere gerelateerde services (waaronder file management en analyseservices), en (c) alle software, materialen, portals, aanbevelingen, job leads, data, rapporten, teksten, afbeeldingen, geluiden, video, analyses en andere content die beschikbaar is gesteld door het hiervoor genoemde. Nieuwe functies die aan de Service worden toegevoegd of uitbreidingen van de Service, zijn ook onderworpen aan de Servicevoorwaarden en dit Privacystatement.
Randstad maakt gebruik van cookies en web statistieken. Dat doen we om te kijken hoe bezoekers onze website gebruiken. Deze informatie helpt ons om de site te verbeteren. Een cookie is een bestand dat op uw computer wordt opgeslagen. Bij een vervolgbezoek op onze website kunnen deze cookies worden herkend. U kunt hierover meer lezen in onze Cookieverklaring.
Evenals veel andere websites verzamelt onze website automatisch bepaalde informatie over de gebruikers van de website, zoals bijvoorbeeld het Internet Protocol (IP)-adres van uw computer, het IP-adres van uw Internet Service Provider, de datum en tijd van toegang tot de website, het internetadres van de website vanwaar u rechtstreeks bent doorgelinkt naar onze website, het besturingssysteem dat u gebruikt, de onderdelen van de website die u bezoekt, de pagina’s van de website die u heeft bezocht en de informatie die u heeft bekeken, informatie over het type apparaat dat u gebruikt voor uw bezoek aan de site, de geolocatie waar u zich bevindt en het materiaal dat u opstuurt of downloadt van de website. Deze technische informatie wordt gebruikt voor het beheer van de website en systeembeheerder en om de website en het gebruik ervan te verbeteren. Deze technische gegevens kunnen aan derden worden doorgegeven en kunnen permanent worden opgeslagen voor toekomstig gebruik.
Dit Privacystatement is alleen van toepassing op de Service. De Service kan links bevatten naar andere websites die niet door Randstad beheerd of gecontroleerd worden. Het hier door ons beschreven beleid en procedures zijn niet van toepassing op andere websites. De links van de Service impliceren niet dat wij de andere websites goedkeuren of deze hebben gecontroleerd. We raden dan ook aan rechtstreeks contact op te nemen met deze websites voor meer informatie over hun beleid inzake privacy.
Wanneer verzamelen wij uw persoonsgegevens?
Wij verzamelen uw gegevens vanaf het moment dat u uw gegevens achterlaat op onze website, wanneer u zich inschrijft als deelnemer bij Randstad of wanneer uw persoonsgegevens door een Opdrachtgever (uw huidige of vorige werkgever) met ons gedeeld worden als deel van onze overeenkomst met deze Opdrachtgever in het kader van de Service.
Waarom verzamelen wij uw persoonsgegevens?
We verzamelen en verwerken uw gegevens voor de uitvoering van onze Service aan u en onze Opdrachtgevers.
Uw persoonsgegevens worden in het bijzonder verwerkt om:
- u onze Service te verlenen, met inbegrip van, maar niet beperkt tot, het bepalen van welke precieze ondersteuning u wenst van de Service.
- u aanbiedingen te kunnen doen en/of informatie te kunnen verstrekken over de Service en overige activiteiten en deze beter te kunnen afstemmen op uw wensen en kwaliteiten. Dit gebeurt door onze medewerkers en is deels geautomatiseerd en kan zaken inhouden zoals het verstrekken van job leads, sollicitatietrainingen, hulp bij het schrijven van uw CV en/of andere bijstand.
- Voor het bevorderen van uw persoonlijke ontwikkeling en inzetbaarheid, middels trainingen, opleiding en testen.
- uw geschiktheid en beschikbaarheid te kunnen beoordelen in verband met bemiddeling naar vast of tijdelijk werk dan wel een opdracht, waarbij ook gebruik gemaakt kan worden van testresultaten, vragenlijsten, adviesgesprekken, referentiechecks, uitwisseling van e-mails en andere kanalen, etc.
- een opdrachtgever via de Service bij te staan bij outplacement en loopbaanmanagement services voor zijn huidige en/of vorige werknemers.
- een opdracht bij de opdrachtgever te kunnen vastleggen in een overeenkomst met de opdrachtgever en de overeenkomst met de opdrachtgever te beheren en na te komen.
- een werknemers- of personeels-/bemiddelingsrelatie met u aan te gaan en te onderhouden en hiervoor de relevante administratie uit te voeren.
- indien we een werknemers- of personeels-/bemiddelingsrelatie met u zijn aangegaan, voor naleving van wet- en regelgeving, waaronder maar niet beperkt tot identificatie, arbeidswetgeving, fiscale en sociale zekerheidswetgeving, bestrijding van fraude en nationale en internationale sanctiewetgeving.
- onze re-integratieverplichtingen na te komen en te voldoen aan (o.a. vanuit de overheid opgelegde) doelstellingen om personen met een grote(re) afstand tot de arbeidsmarkt aan het werk te helpen.
- indien relevant, ten behoeve van onze klanten gegevens te verwerken in het kader van een pre-employment screening. Voor meer informatie zie: <PES Protocol>
- u te benaderen voor commerciële aanbiedingen, nieuwsbrieven en promotie-acties die voor u interessant kunnen zijn, uitsluitend indien u zich daarvoor heeft aangemeld (opt-in).
- voor u evenementen te organiseren, uitsluitend indien u zich daarvoor heeft aangemeld (opt-in).
- voor managementdoeleinden waaronder managementinformatie, het verzorgen van interne controles en bedrijfsveiligheid en het uitoefenen van audits en accountantscontrole.
- kwaliteitsdoeleinden zoals ten behoeve van certificering.
- de gebruikers van Randstad beter te begrijpen en de Service, waaronder de inhoud en functionaliteit, te verbeteren.
- subsidies, premiekortingen e.d. aan te vragen.
Welke persoonsgegevens verzamelen wij van u?
We verwerken de persoonsgegevens die noodzakelijk zijn voor onze Service; een deel van deze gegevens is verplicht om gebruik te kunnen maken van onze Service. Aanvullende gegevens kunnen wenselijk zijn om de Service beter te kunnen afstemmen op uw wensen en kwaliteiten of om te voldoen aan meer specifieke vragen of verplichtingen vanwege Opdrachtgevers. U bent zelf verantwoordelijk voor de juistheid en relevantie van de gegevens die u verstrekt.
Klanten van Randstad (Opdrachtgevers) kunnen Randstad inschakelen voor bijstand bij de zoektocht naar werk voor hun huidige en/of vorige werknemers via de Service. In het kader van deze overeenkomst kan Randstad van de Opdrachtgever een lijst ontvangen met personen die in aanmerking komen voor de Service. Indien u hiervoor in aanmerking komt, kunnen uw naam, recente functie, woonadres, telefoonnummer, e-mailadres, afdeling of bedrijfseenheid en andere Persoonsgegevens op de lijst van de Opdrachtgever vermeld worden.
Wanneer u zich als Deelnemer inschrijft bij Randstad, deelt u relevante (documenten met) persoonsgegevens met ons, waaronder:
Bij inschrijving en tijdens de Service:
- NAW gegevens, e-mail adres en andere contactgegevens
- geboortedatum, leeftijd en geslacht
- curriculum vitae (CV), recente functie, huidige en vorige werkgevers, informatie over opleiding en training, bemiddelingen, werkervaring, taalvaardigheden, uw doelen ten aanzien van werk, wenssalaris, interesses
- uw professionele sociale media profiel en relevante profielen van uw netwerk indien u deze van hen mag inbrengen of indien zij enkel voor u toegankelijk zijn
- informatie over trainingen en opleidingen en/of testen die u zelf of via ons heeft gevolgd of gedaan
- gegevens over beschikbaarheid en verlof
- andere gegevens die van belang (kunnen) zijn in het kader van de beoordeling van uw geschiktheid, bijvoorbeeld referenties en getuigschriften
- pasfoto en video (introductie) - op vrijwillige basis
- informatie over uw voortgang omtrent de gestelde doelen en de status van uw zoektocht naar werk
- informatie over uw klanttevredenheid of andere feedback over de zoektocht naar werk en de Service
Wanneer u als deel van de Service een arbeidsrelatie aangaat met Randstad, wanneer u werkt/heeft gewerkt voor Randstad:
- nationaliteit, BSN-nummer, ID bewijs, werkvergunning:
- overige gegevens die gerelateerd zijn aan de personeels-, salaris- en verzuimregistratie
- daarnaast verwerken wij soms ten behoeve van onze opdrachtgevers gegevens in het kader van een pre-employment screening. Meer hierover kunt u lezen in ons Privacyprotocol persoonsgegevens pre-employment screening.
Randstad legt uitsluitend bijzondere persoonsgegevens vast als dat nodig is om aan haar wettelijke verplichtingen te voldoen, voor zover daarvoor toestemming is gegeven, of indien dit anders toegelaten is bij of krachtens de wet. Met ‘bijzondere persoonsgegevens’ wordt bedoeld gegevens over ras, godsdienst of levensovertuiging, politieke gezindheid, gezondheid, seksuele leven, lidmaatschap vakvereniging, strafrechtelijke persoonsgegevens en/of persoonsgegevens over onrechtmatig of hinderlijk gedrag.
Voor uw persoonlijke account die u bij de Service kunt aanmaken, kan Randstad u vragen om een unieke gebruikersnaam, wachtwoord en beveiligingsvraag aan te maken en kunt u deze login gegevens gebruiken om toegang te krijgen tot uw account. U gaat ermee akkoord om de geheimhouding van uw gebruikersnaam, wachtwoord en beveiligingsvraag te beschermen. Indien u deze geheimhouding niet respecteert, bent u volledig aansprakelijk voor alle daaruit resulterend gebruik, diefstal, wijziging, misbruik, bekendmaking of ander verlies gerelateerd aan uw persoonsgegevens of andere informatie.
Samengevoegde gegevens
In een voortdurend streven naar het beter begrijpen en bedienen van de gebruikers van de Service, doet Randstad onderzoek naar de demografische gegevens, interesses, resultaten en gedrag van haar gebruikers op basis van de aan Randstad verstrekte persoonsgegevens en andere informatie. Dit onderzoek en andere meet- en analyseresultaten over gedrag, resultaten of beoordelingen van de gebruiker kunnen verzameld en geanalyseerd worden op geaggregeerde basis en Randstad kan deze geaggregeerde gegevens met Randstad entiteiten, agenten en zakenpartners delen. Deze geaggregeerde informatie identificeert u niet persoonlijk. Randstad mag ook geaggregeerde (gebruikers)statistieken bekendmaken om haar Service aan huidige en toekomstige zakenpartners te beschrijven en aan andere derden voor wettelijke doeleinden.
Hoe wij uw persoonsgegevens verzamelen
Randstad kan uw persoonsgegevens of andere informatie zowel digitaal als via interacties met u ontvangen en vastleggen. Randstad kan uw persoonsgegevens en andere informatie van, of over u, combineren in een database.
Wanneer gebruik gemaakt wordt van RiseSmart Technologie, worden alle Persoonsgegevens en andere informatie van of over u verwerkt in een eigen database en kunnen deze opgeslagen worden op servers die worden gehost in de Verenigde Staten of in andere landen. Het personeel van Randstad of het personeel verantwoordelijk voor de RiseSmart Technologie kan online toegang krijgen tot uw account, kan behoeften en actiepunten bepalen en, indien u op zoek bent naar werk, jobs posten op uw account vanuit verschillende kantoor, reis- of werklocaties.
Met het oog op de huidige correctheid van uw Persoonsgegevens en andere geregistreerde informatie kan Randstad u vereisen of vragen om uw Persoonsgegevens en andere informatie in uw account, indien beschikbaar, te verifiëren, en de informatie te bevestigen of verbeteren. Randstad neemt passende en organisatorische maatregelen om de via de Service verstrekte Persoonsgegevens en andere informatie te beschermen tegen verlies, misbruik en ongeoorloofde toegang, bekendmaking, wijziging of vernietiging. Geen enkele verzending via Internet of e-mail is echter ooit volledig veilig of foutloos. In het bijzonder kan het zijn dat e-mail of andere verzendingen gestuurd naar of van de Service niet veilig zijn. Daarom moet u zorgvuldig nadenken over welke gegevens u via e-mail of via enige andere verzendingsmethode naar Randstad stuurt. Wij verzoeken u hiermee rekening te houden wanneer u Persoonsgegevens of andere informatie via Internet naar Randstad stuurt.
Met wie kunnen wij uw persoonsgegevens (kandidaten, flexwerkers, zzp-ers) delen?
Randstad kan uw persoonsgegevens doorgeven aan andere Randstad entiteiten, haar Opdrachtgevers, klanten, onderaannemers (bijvoorbeeld gegevensverwerkers) die namens haar diensten verlenen of opdrachten uitvoeren, leveranciers, overheidsinstanties en andere zakelijke relaties en in alle overige gevallen waarin wij hiertoe kunnen worden verplicht, bijvoorbeeld door een gerechtelijk bevel of een gerechtelijk vonnis.
De verstrekking van de persoonsgegevens geschiedt op basis van een gerechtvaardigd belang, een wettelijke verplichting en/of ter uitvoering van de overeenkomst in overeenstemming met de doelen zoals genoemd bij “Waarom verzamelen wij uw persoonsgegevens?”, voorzover noodzakelijk of relevant om hun specifieke functie uit te voeren.
Randstad kan gebruikmaken van RiseSmart Technologie om de Service te ondersteunen en om uw persoonsgegevens te registreren. RiseSmart Technologie wordt geleverd door RiseSmart, Inc. onze RiseSmart entiteit in de VS en wordt ondersteund door RiseSmart HR Services Pvt. Ltd. in India. Opdrachtgevers en andere Randstad entiteiten en onderaannemers kunnen ook buiten Nederland gesitueerd zijn. Uw persoonsgegevens kunnen daarom worden doorgegeven buiten Nederland. Randstad heeft de nodige maatregelen genomen om te verzekeren dat de doorgegeven persoonsgegevens adequaat worden beschermd tegen verlies of onrechtmatige verwerking.
Bij de ontwikkeling van haar ondernemingen kan Randstad activiteiten of activa verkopen. In het geval van een verkoop, fusie, reorganisatie, ontbinding of soortgelijke gebeurtenis, kunnen Persoonsgegevens en andere informatie deel uitmaken van de overgedragen activa.
Hoe lang bewaren wij uw persoonsgegevens?
De bewaartermijnen die wij hanteren, zijn afhankelijk van de toepasselijke wettelijke bewaartermijnen.
Deelnemers (indien u (nog) niet voor Randstad heeft gewerkt)
Uw gegevens (CV, werkervaring, opleiding, testresultaten etc.) zijn beschikbaar tot twee jaar na het laatste contact, indien u niet voor Randstad heeft gewerkt. U krijgt zowel na een jaar als bij twee jaar nadat u geen contact met ons heeft gehad een bericht van ons dat u bij ons staat ingeschreven.
Indien u niet langer gebruik wenst te maken van onze Service en, waar relevant, dit toegestaan is onder uw overeenkomst met de Opdrachtgever, kunt u zich uitschrijven via Mijn Randstad, de RiseSmart Technologie (indien van toepassing) of uw contactpersoon.
Uw persoonsgegevens blijven nog drie kalendermaanden beschikbaar in een afgeschermde omgeving (bij Werving & Selectie is deze periode 24 maanden in verband met mogelijke claimrisico’s ). In deze afgeschermde omgeving zijn uw gegevens enkel beschikbaar voor Randstad onder strikte voorwaarden overeenkomstig de daarvoor gestelde doelen en termijnen. Na afloop van genoemde termijnen worden uw gegevens definitief verwijderd.
Indien u voor Randstad werkt/heeft gewerkt
Uw persoonsgegevens zijn beschikbaar tot twee jaar na einde dienstverband.
Bepaalde persoonsgegevens zijn t.b.v. bijv. claims, audits en fiscale verplichtingen langer beschikbaar voor Randstad. Meer informatie hierover vindt u in de Gebruikersvoorwaarden voor werknemers en de Voorwaarden RiseSmart Technologie .
Indien u niet langer gebruik wenst te maken van onze Service en, waar relevant, dit toegestaan is onder uw overeenkomst met de Opdrachtgever, kunt u zich uitschrijven via uw portal of uw contactpersoon.
Uw persoonsgegevens worden in dat geval na twee jaar gearchiveerd in een afgeschermde omgeving. Uw persoonsgegevens zijn dan uitsluitend beschikbaar voor Randstad onder strikte voorwaarden overeenkomstig de daarvoor toepasselijke doelen en termijnen.
(contactgegevens van medewerkers van opdrachtgevers, leveranciers, verkopers, referenten en elke andere instantie waarmee wij een zakelijke relatie onderhouden)
Randstad verwerkt de persoonsgegevens van betrokkenen die werkzaam zijn voor ondernemingen waarmee wij zaken doen (1) voor het doen van aanbiedingen voor en/of verstrekken van informatie over onze services en overige activiteiten, en (2) om offertes en informatie aan te vragen voor services en producten door of aan Randstad te verstrekken en (3) een zakelijke relatie te onderhouden en (4) een opdrachtovereenkomst te sluiten en te onderhouden.
We verwerken onder andere de volgende persoonsgegevens van zakelijke relaties:
- namen, contactgegevens en functies van contactpersonen.
Randstad kan de van haar zakelijke relaties verkregen persoonsgegevens doorgeven indien dit nodig is ter verwezenlijking van de doelstellingen van de zakenrelatie dan wel ten behoeve van de bemiddeling/opdracht. Deze gegevens kunnen worden doorgegeven aan andere Randstad entiteiten, aan sollicitanten of kandidaten, zakenpartners en onderaannemers (bv. gegevensverwerkers) die namens Randstad diensten verlenen, en in alle overige gevallen waarin Randstad hiertoe verplicht kan worden, bijvoorbeeld door een gerechtelijk bevel of rechterlijk vonnis. Persoonsgegevens kunnen worden doorgegeven buiten Nederland. Randstad heeft de nodige maatregelen genomen om te verzekeren dat alle doorgegeven persoonsgegevens adequaat worden beschermd tegen verlies of onrechtmatige verwerking.
Uw rechten U heeft recht op inzage en/of wijziging van uw persoonsgegevens.
Voor Deelnemers, kandidaten, werknemers en zakelijke relaties:
Indien u uw eigen account heeft, heeft u inzage in een groot deel van de over u geregistreerde persoonsgegevens. U kunt zelf op elk gewenst moment een aantal gegevens wijzigen zoals het doorvoeren van aanpassingen in uw CV of uw accountgegevens.
Als u inzage wenst in uw totale persoonsgegevensverwerking en/of gegevens wilt wijzigen of verwijderen die u zelf niet kunt aanpassen, dan kunt u contact opnemen met uw contactpersoon bij Randstad.
Voor overige relaties:
U hebt recht op inzage en wijziging van de over u geregistreerde persoonsgegevens. U kunt daartoe contact opnemen met uw contactpersoon bij Randstad.
Beveiliging
Randstad doet er alles aan om uw persoonsgegevens optimaal te beveiligen tegen verlies of onrechtmatig gebruik. Wij doen dit aan de hand van passende fysieke, administratieve, organisatorische en technische maatregelen.
Bijvoorbeeld: alleen geautoriseerde personen hebben toegang tot de gegevens. Indien en voor zover gegevens worden verstrekt aan gegevensverwerkers die namens haar diensten verlenen of opdrachten uitvoeren, is Randstad met hen overeengekomen dat zij de persoonsgegevens eveneens optimaal beveiligen.
Contact; Vragen, opmerkingen, klachten of (vermoeden van) datalekken
Hebt u vragen, opmerkingen of klachten over de bescherming van uw persoonsgegevens door Randstad, dan kunt u schriftelijk of per e-mail contact met ons opnemen.
Hebt u vragen, opmerkingen of klachten over de bescherming van uw persoonsgegevens door Randstad, dan kunt u schriftelijk of per e-mail contact met ons opnemen via uw contactpersoon
We zullen redelijke maatregelen nemen om in ons bezit zijnde persoonsgegevens die u eerder via de Service heeft voorgelegd, te updaten of te corrigeren. Wij verzoeken u indien mogelijk uw account te gebruiken om uw persoonsgegevens correct, up-to-date en volledig te houden. In het geval u problemen of vragen heeft in verband met dit Privacystatement of andere privacy gerelateerde zaken, kunt u contact opnemen met de privacy officer van Randstad, en wel op het volgende adres: Diemermere 25, 1112 TC Diemen.
Is er sprake van een (vermoeden van) een datalek, dan verzoeken wij u dit direct te melden via dit formulier.
Wijzigingen
Deze versie is opgesteld in mei 2017.
Randstad kan van tijd tot tijd om uiteenlopende redenen veranderingen, aanvullingen of wijzigingen aanbrengen in haar Privacystatement. Gelieve dit Privacystatement regelmatig te controleren in het bijzonder voordat u persoonsgegevens aan ons verstrekt De meest recente Privacystatement is te allen tijde in te zien op de website van Randstad en/of RiseSmart. Deze versie is opgesteld in mei 2017.
Effective June 20th 2017 to June 12th 2018
DownloadTable of Contents
PRIVACYSTATEMENT RISESMART TECHNOLOGIE
In het geval wij uw persoonsgegevens verwerken bij het gebruik van de RiseSmart Technologie, doen wij dit in overeenstemming met dit Privacystatement. Indien de RiseSmart Technologie geen onderdeel uitmaakt van de Service, is het Privacystatement van Randstad Nederland van toepassing.
Randstad is ervan overtuigd dat de persoonlijke levenssfeer van haar deelnemers, kandidaten, werknemers en andere relaties en bezoekers van de website van essentieel belang is. Uw persoonsgegevens worden dan ook met de grootst mogelijke zorgvuldigheid behandeld en beveiligd, conform de eisen die de geldende wetgeving inzake bescherming van persoonsgegevens hieraan stelt.
Wie zijn we
Randstad Nederland bv, gevestigd te Amsterdam, (hierna Randstad genoemd), is verantwoordelijk voor de door haar verwerkte persoonsgegevens (Verwerkings) Verantwoordelijke in de zin van de geldende wetgeving inzake bescherming van persoonsgegevens).
Randstad verleent o.a. services voor outplacement en loopbaanmanagement. Deze Randstad services (hierna de Service genoemd) die wij aan u en uw klanten verlenen, zowel persoonlijk als via onze website, zijn onderworpen aan onze voorwaarden (zie de Website) en dit Privacystatement. Voor de Service maken wij gebruik van onze RiseSmart Technologie.
De Service omvat (a) de website, (b) Randstad services voor outplacement en loopbaanmanagement, daarmee gerelateerde RiseSmart Technologie en andere gerelateerde services (waaronder file management en analyseservices), en (c) alle software, materialen, portals, aanbevelingen, job leads, data, rapporten, teksten, afbeeldingen, geluiden, video, analyses en andere content die beschikbaar is gesteld door het hiervoor genoemde. Nieuwe functies die aan de Service worden toegevoegd of uitbreidingen van de Service, zijn ook onderworpen aan de Servicevoorwaarden en dit Privacystatement.
Randstad maakt gebruik van cookies en web statistieken. Dat doen we om te kijken hoe bezoekers onze website gebruiken. Deze informatie helpt ons om de site te verbeteren. Een cookie is een bestand dat op uw computer wordt opgeslagen. Bij een vervolgbezoek op onze website kunnen deze cookies worden herkend. U kunt hierover meer lezen in onze Cookieverklaring.
Evenals veel andere websites verzamelt onze website automatisch bepaalde informatie over de gebruikers van de website, zoals bijvoorbeeld het Internet Protocol (IP)-adres van uw computer, het IP-adres van uw Internet Service Provider, de datum en tijd van toegang tot de website, het internetadres van de website vanwaar u rechtstreeks bent doorgelinkt naar onze website, het besturingssysteem dat u gebruikt, de onderdelen van de website die u bezoekt, de pagina’s van de website die u heeft bezocht en de informatie die u heeft bekeken, informatie over het type apparaat dat u gebruikt voor uw bezoek aan de site, de geolocatie waar u zich bevindt en het materiaal dat u opstuurt of downloadt van de website. Deze technische informatie wordt gebruikt voor het beheer van de website en systeembeheerder en om de website en het gebruik ervan te verbeteren. Deze technische gegevens kunnen aan derden worden doorgegeven en kunnen permanent worden opgeslagen voor toekomstig gebruik.
Dit Privacystatement is alleen van toepassing op de Service. De Service kan links bevatten naar andere websites die niet door Randstad beheerd of gecontroleerd worden. Het hier door ons beschreven beleid en procedures zijn niet van toepassing op andere websites. De links van de Service impliceren niet dat wij de andere websites goedkeuren of deze hebben gecontroleerd. We raden dan ook aan rechtstreeks contact op te nemen met deze websites voor meer informatie over hun beleid inzake privacy.
Wanneer verzamelen wij uw persoonsgegevens?
Wij verzamelen uw gegevens vanaf het moment dat u uw gegevens achterlaat op onze website, wanneer u zich inschrijft als deelnemer bij Randstad of wanneer uw persoonsgegevens door een Opdrachtgever (uw huidige of vorige werkgever) met ons gedeeld worden als deel van onze overeenkomst met deze Opdrachtgever in het kader van de Service.
Waarom verzamelen wij uw persoonsgegevens?
We verzamelen en verwerken uw gegevens voor de uitvoering van onze Service aan u en onze Opdrachtgevers.
Uw persoonsgegevens worden in het bijzonder verwerkt om:
- u onze Service te verlenen, met inbegrip van, maar niet beperkt tot, het bepalen van welke precieze ondersteuning u wenst van de Service.
- u aanbiedingen te kunnen doen en/of informatie te kunnen verstrekken over de Service en overige activiteiten en deze beter te kunnen afstemmen op uw wensen en kwaliteiten. Dit gebeurt door onze medewerkers en is deels geautomatiseerd en kan zaken inhouden zoals het verstrekken van job leads, sollicitatietrainingen, hulp bij het schrijven van uw CV en/of andere bijstand.
- Voor het bevorderen van uw persoonlijke ontwikkeling en inzetbaarheid, middels trainingen, opleiding en testen.
- uw geschiktheid en beschikbaarheid te kunnen beoordelen in verband met bemiddeling naar vast of tijdelijk werk dan wel een opdracht, waarbij ook gebruik gemaakt kan worden van testresultaten, vragenlijsten, adviesgesprekken, referentiechecks, uitwisseling van e-mails en andere kanalen, etc.
- een opdrachtgever via de Service bij te staan bij outplacement en loopbaanmanagement services voor zijn huidige en/of vorige werknemers.
- een opdracht bij de opdrachtgever te kunnen vastleggen in een overeenkomst met de opdrachtgever en de overeenkomst met de opdrachtgever te beheren en na te komen.
- een werknemers- of personeels-/bemiddelingsrelatie met u aan te gaan en te onderhouden en hiervoor de relevante administratie uit te voeren.
- indien we een werknemers- of personeels-/bemiddelingsrelatie met u zijn aangegaan, voor naleving van wet- en regelgeving, waaronder maar niet beperkt tot identificatie, arbeidswetgeving, fiscale en sociale zekerheidswetgeving, bestrijding van fraude en nationale en internationale sanctiewetgeving.
- onze re-integratieverplichtingen na te komen en te voldoen aan (o.a. vanuit de overheid opgelegde) doelstellingen om personen met een grote(re) afstand tot de arbeidsmarkt aan het werk te helpen.
- indien relevant, ten behoeve van onze klanten gegevens te verwerken in het kader van een pre-employment screening. Voor meer informatie zie: <PES Protocol>
- u te benaderen voor commerciële aanbiedingen, nieuwsbrieven en promotie-acties die voor u interessant kunnen zijn, uitsluitend indien u zich daarvoor heeft aangemeld (opt-in).
- voor u evenementen te organiseren, uitsluitend indien u zich daarvoor heeft aangemeld (opt-in).
- voor managementdoeleinden waaronder managementinformatie, het verzorgen van interne controles en bedrijfsveiligheid en het uitoefenen van audits en accountantscontrole.
- kwaliteitsdoeleinden zoals ten behoeve van certificering.
- de gebruikers van Randstad beter te begrijpen en de Service, waaronder de inhoud en functionaliteit, te verbeteren.
- subsidies, premiekortingen e.d. aan te vragen.
Welke persoonsgegevens verzamelen wij van u?
We verwerken de persoonsgegevens die noodzakelijk zijn voor onze Service; een deel van deze gegevens is verplicht om gebruik te kunnen maken van onze Service. Aanvullende gegevens kunnen wenselijk zijn om de Service beter te kunnen afstemmen op uw wensen en kwaliteiten of om te voldoen aan meer specifieke vragen of verplichtingen vanwege Opdrachtgevers. U bent zelf verantwoordelijk voor de juistheid en relevantie van de gegevens die u verstrekt.
Klanten van Randstad (Opdrachtgevers) kunnen Randstad inschakelen voor bijstand bij de zoektocht naar werk voor hun huidige en/of vorige werknemers via de Service. In het kader van deze overeenkomst kan Randstad van de Opdrachtgever een lijst ontvangen met personen die in aanmerking komen voor de Service. Indien u hiervoor in aanmerking komt, kunnen uw naam, recente functie, woonadres, telefoonnummer, e-mailadres, afdeling of bedrijfseenheid en andere Persoonsgegevens op de lijst van de Opdrachtgever vermeld worden.
Wanneer u zich als Deelnemer inschrijft bij Randstad, deelt u relevante (documenten met) persoonsgegevens met ons, waaronder:
Bij inschrijving en tijdens de Service:
- NAW gegevens, e-mail adres en andere contactgegevens
- geboortedatum, leeftijd en geslacht
- curriculum vitae (CV), recente functie, huidige en vorige werkgevers, informatie over opleiding en training, bemiddelingen, werkervaring, taalvaardigheden, uw doelen ten aanzien van werk, wenssalaris, interesses
- uw professionele sociale media profiel en relevante profielen van uw netwerk indien u deze van hen mag inbrengen of indien zij enkel voor u toegankelijk zijn
- informatie over trainingen en opleidingen en/of testen die u zelf of via ons heeft gevolgd of gedaan
- gegevens over beschikbaarheid en verlof
- andere gegevens die van belang (kunnen) zijn in het kader van de beoordeling van uw geschiktheid, bijvoorbeeld referenties en getuigschriften
- pasfoto en video (introductie) - op vrijwillige basis
- informatie over uw voortgang omtrent de gestelde doelen en de status van uw zoektocht naar werk
- informatie over uw klanttevredenheid of andere feedback over de zoektocht naar werk en de Service
Wanneer u als deel van de Service een arbeidsrelatie aangaat met Randstad, wanneer u werkt/heeft gewerkt voor Randstad:
- nationaliteit, BSN-nummer, ID bewijs, werkvergunning:
- overige gegevens die gerelateerd zijn aan de personeels-, salaris- en verzuimregistratie
- daarnaast verwerken wij soms ten behoeve van onze opdrachtgevers gegevens in het kader van een pre-employment screening. Meer hierover kunt u lezen in ons Privacyprotocol persoonsgegevens pre-employment screening.
Randstad legt uitsluitend bijzondere persoonsgegevens vast als dat nodig is om aan haar wettelijke verplichtingen te voldoen, voor zover daarvoor toestemming is gegeven, of indien dit anders toegelaten is bij of krachtens de wet. Met ‘bijzondere persoonsgegevens’ wordt bedoeld gegevens over ras, godsdienst of levensovertuiging, politieke gezindheid, gezondheid, seksuele leven, lidmaatschap vakvereniging, strafrechtelijke persoonsgegevens en/of persoonsgegevens over onrechtmatig of hinderlijk gedrag.
Voor uw persoonlijke account die u bij de Service kunt aanmaken, kan Randstad u vragen om een unieke gebruikersnaam, wachtwoord en beveiligingsvraag aan te maken en kunt u deze login gegevens gebruiken om toegang te krijgen tot uw account. U gaat ermee akkoord om de geheimhouding van uw gebruikersnaam, wachtwoord en beveiligingsvraag te beschermen. Indien u deze geheimhouding niet respecteert, bent u volledig aansprakelijk voor alle daaruit resulterend gebruik, diefstal, wijziging, misbruik, bekendmaking of ander verlies gerelateerd aan uw persoonsgegevens of andere informatie.
Samengevoegde gegevens
In een voortdurend streven naar het beter begrijpen en bedienen van de gebruikers van de Service, doet Randstad onderzoek naar de demografische gegevens, interesses, resultaten en gedrag van haar gebruikers op basis van de aan Randstad verstrekte persoonsgegevens en andere informatie. Dit onderzoek en andere meet- en analyseresultaten over gedrag, resultaten of beoordelingen van de gebruiker kunnen verzameld en geanalyseerd worden op geaggregeerde basis en Randstad kan deze geaggregeerde gegevens met Randstad entiteiten, agenten en zakenpartners delen. Deze geaggregeerde informatie identificeert u niet persoonlijk. Randstad mag ook geaggregeerde (gebruikers)statistieken bekendmaken om haar Service aan huidige en toekomstige zakenpartners te beschrijven en aan andere derden voor wettelijke doeleinden.
Hoe wij uw persoonsgegevens verzamelen
Randstad kan uw persoonsgegevens of andere informatie zowel digitaal als via interacties met u ontvangen en vastleggen. Randstad kan uw persoonsgegevens en andere informatie van, of over u, combineren in een database.
Wanneer gebruik gemaakt wordt van RiseSmart Technologie, worden alle Persoonsgegevens en andere informatie van of over u verwerkt in een eigen database en kunnen deze opgeslagen worden op servers die worden gehost in de Verenigde Staten of in andere landen. Het personeel van Randstad of het personeel verantwoordelijk voor de RiseSmart Technologie kan online toegang krijgen tot uw account, kan behoeften en actiepunten bepalen en, indien u op zoek bent naar werk, jobs posten op uw account vanuit verschillende kantoor, reis- of werklocaties.
Met het oog op de huidige correctheid van uw Persoonsgegevens en andere geregistreerde informatie kan Randstad u vereisen of vragen om uw Persoonsgegevens en andere informatie in uw account, indien beschikbaar, te verifiëren, en de informatie te bevestigen of verbeteren. Randstad neemt passende en organisatorische maatregelen om de via de Service verstrekte Persoonsgegevens en andere informatie te beschermen tegen verlies, misbruik en ongeoorloofde toegang, bekendmaking, wijziging of vernietiging. Geen enkele verzending via Internet of e-mail is echter ooit volledig veilig of foutloos. In het bijzonder kan het zijn dat e-mail of andere verzendingen gestuurd naar of van de Service niet veilig zijn. Daarom moet u zorgvuldig nadenken over welke gegevens u via e-mail of via enige andere verzendingsmethode naar Randstad stuurt. Wij verzoeken u hiermee rekening te houden wanneer u Persoonsgegevens of andere informatie via Internet naar Randstad stuurt.
Met wie kunnen wij uw persoonsgegevens (kandidaten, flexwerkers, zzp-ers) delen?
Randstad kan uw persoonsgegevens doorgeven aan andere Randstad entiteiten, haar Opdrachtgevers, klanten, onderaannemers (bijvoorbeeld gegevensverwerkers) die namens haar diensten verlenen of opdrachten uitvoeren, leveranciers, overheidsinstanties en andere zakelijke relaties en in alle overige gevallen waarin wij hiertoe kunnen worden verplicht, bijvoorbeeld door een gerechtelijk bevel of een gerechtelijk vonnis.
De verstrekking van de persoonsgegevens geschiedt op basis van een gerechtvaardigd belang, een wettelijke verplichting en/of ter uitvoering van de overeenkomst in overeenstemming met de doelen zoals genoemd bij “Waarom verzamelen wij uw persoonsgegevens?”, voorzover noodzakelijk of relevant om hun specifieke functie uit te voeren.
Randstad kan gebruikmaken van RiseSmart Technologie om de Service te ondersteunen en om uw persoonsgegevens te registreren. RiseSmart Technologie wordt geleverd door RiseSmart, Inc. onze RiseSmart entiteit in de VS en wordt ondersteund door RiseSmart HR Services Pvt. Ltd. in India. Opdrachtgevers en andere Randstad entiteiten en onderaannemers kunnen ook buiten Nederland gesitueerd zijn. Uw persoonsgegevens kunnen daarom worden doorgegeven buiten Nederland. Randstad heeft de nodige maatregelen genomen om te verzekeren dat de doorgegeven persoonsgegevens adequaat worden beschermd tegen verlies of onrechtmatige verwerking.
Bij de ontwikkeling van haar ondernemingen kan Randstad activiteiten of activa verkopen. In het geval van een verkoop, fusie, reorganisatie, ontbinding of soortgelijke gebeurtenis, kunnen Persoonsgegevens en andere informatie deel uitmaken van de overgedragen activa.
Hoe lang bewaren wij uw persoonsgegevens?
De bewaartermijnen die wij hanteren, zijn afhankelijk van de toepasselijke wettelijke bewaartermijnen.
Deelnemers (indien u (nog) niet voor Randstad heeft gewerkt)
Uw gegevens (CV, werkervaring, opleiding, testresultaten etc.) zijn beschikbaar tot twee jaar na het laatste contact, indien u niet voor Randstad heeft gewerkt. U krijgt zowel na een jaar als bij twee jaar nadat u geen contact met ons heeft gehad een bericht van ons dat u bij ons staat ingeschreven.
Indien u niet langer gebruik wenst te maken van onze Service en, waar relevant, dit toegestaan is onder uw overeenkomst met de Opdrachtgever, kunt u zich uitschrijven via Mijn Randstad, de RiseSmart Technologie (indien van toepassing) of uw contactpersoon.
Uw persoonsgegevens blijven nog drie kalendermaanden beschikbaar in een afgeschermde omgeving (bij Werving & Selectie is deze periode 24 maanden in verband met mogelijke claimrisico’s ). In deze afgeschermde omgeving zijn uw gegevens enkel beschikbaar voor Randstad onder strikte voorwaarden overeenkomstig de daarvoor gestelde doelen en termijnen. Na afloop van genoemde termijnen worden uw gegevens definitief verwijderd.
Indien u voor Randstad werkt/heeft gewerkt
Uw persoonsgegevens zijn beschikbaar tot twee jaar na einde dienstverband.
Bepaalde persoonsgegevens zijn t.b.v. bijv. claims, audits en fiscale verplichtingen langer beschikbaar voor Randstad. Meer informatie hierover vindt u in de Gebruikersvoorwaarden voor werknemers en de Voorwaarden RiseSmart Technologie .
Indien u niet langer gebruik wenst te maken van onze Service en, waar relevant, dit toegestaan is onder uw overeenkomst met de Opdrachtgever, kunt u zich uitschrijven via uw portal of uw contactpersoon.
Uw persoonsgegevens worden in dat geval na twee jaar gearchiveerd in een afgeschermde omgeving. Uw persoonsgegevens zijn dan uitsluitend beschikbaar voor Randstad onder strikte voorwaarden overeenkomstig de daarvoor toepasselijke doelen en termijnen.
(contactgegevens van medewerkers van opdrachtgevers, leveranciers, verkopers, referenten en elke andere instantie waarmee wij een zakelijke relatie onderhouden)
Randstad verwerkt de persoonsgegevens van betrokkenen die werkzaam zijn voor ondernemingen waarmee wij zaken doen (1) voor het doen van aanbiedingen voor en/of verstrekken van informatie over onze services en overige activiteiten, en (2) om offertes en informatie aan te vragen voor services en producten door of aan Randstad te verstrekken en (3) een zakelijke relatie te onderhouden en (4) een opdrachtovereenkomst te sluiten en te onderhouden.
We verwerken onder andere de volgende persoonsgegevens van zakelijke relaties:
- namen, contactgegevens en functies van contactpersonen.
Randstad kan de van haar zakelijke relaties verkregen persoonsgegevens doorgeven indien dit nodig is ter verwezenlijking van de doelstellingen van de zakenrelatie dan wel ten behoeve van de bemiddeling/opdracht. Deze gegevens kunnen worden doorgegeven aan andere Randstad entiteiten, aan sollicitanten of kandidaten, zakenpartners en onderaannemers (bv. gegevensverwerkers) die namens Randstad diensten verlenen, en in alle overige gevallen waarin Randstad hiertoe verplicht kan worden, bijvoorbeeld door een gerechtelijk bevel of rechterlijk vonnis. Persoonsgegevens kunnen worden doorgegeven buiten Nederland. Randstad heeft de nodige maatregelen genomen om te verzekeren dat alle doorgegeven persoonsgegevens adequaat worden beschermd tegen verlies of onrechtmatige verwerking.
Uw rechten U heeft recht op inzage en/of wijziging van uw persoonsgegevens.
Voor Deelnemers, kandidaten, werknemers en zakelijke relaties:
Indien u uw eigen account heeft, heeft u inzage in een groot deel van de over u geregistreerde persoonsgegevens. U kunt zelf op elk gewenst moment een aantal gegevens wijzigen zoals het doorvoeren van aanpassingen in uw CV of uw accountgegevens.
Als u inzage wenst in uw totale persoonsgegevensverwerking en/of gegevens wilt wijzigen of verwijderen die u zelf niet kunt aanpassen, dan kunt u contact opnemen met uw contactpersoon bij Randstad.
Voor overige relaties:
U hebt recht op inzage en wijziging van de over u geregistreerde persoonsgegevens. U kunt daartoe contact opnemen met uw contactpersoon bij Randstad.
Beveiliging
Randstad doet er alles aan om uw persoonsgegevens optimaal te beveiligen tegen verlies of onrechtmatig gebruik. Wij doen dit aan de hand van passende fysieke, administratieve, organisatorische en technische maatregelen.
Bijvoorbeeld: alleen geautoriseerde personen hebben toegang tot de gegevens. Indien en voor zover gegevens worden verstrekt aan gegevensverwerkers die namens haar diensten verlenen of opdrachten uitvoeren, is Randstad met hen overeengekomen dat zij de persoonsgegevens eveneens optimaal beveiligen.
Contact; Vragen, opmerkingen, klachten of (vermoeden van) datalekken
Hebt u vragen, opmerkingen of klachten over de bescherming van uw persoonsgegevens door Randstad, dan kunt u schriftelijk of per e-mail contact met ons opnemen.
Hebt u vragen, opmerkingen of klachten over de bescherming van uw persoonsgegevens door Randstad, dan kunt u schriftelijk of per e-mail contact met ons opnemen via uw contactpersoon
We zullen redelijke maatregelen nemen om in ons bezit zijnde persoonsgegevens die u eerder via de Service heeft voorgelegd, te updaten of te corrigeren. Wij verzoeken u indien mogelijk uw account te gebruiken om uw persoonsgegevens correct, up-to-date en volledig te houden. In het geval u problemen of vragen heeft in verband met dit Privacystatement of andere privacy gerelateerde zaken, kunt u contact opnemen met de privacy officer van Randstad, en wel op het volgende adres: Diemermere 25, 1112 TC Diemen.
Is er sprake van een (vermoeden van) een datalek, dan verzoeken wij u dit direct te melden via dit formulier.
Wijzigingen
Deze versie is opgesteld in mei 2017.
Randstad kan van tijd tot tijd om uiteenlopende redenen veranderingen, aanvullingen of wijzigingen aanbrengen in haar Privacystatement. Gelieve dit Privacystatement regelmatig te controleren in het bijzonder voordat u persoonsgegevens aan ons verstrekt De meest recente Privacystatement is te allen tijde in te zien op de website van Randstad en/of RiseSmart. Deze versie is opgesteld in mei 2017.
Voorwaarden RiseSmart
Effective June 12th 2018
DownloadTable of Contents
- Aanvaarden van de voorwaarden.
- 1.1 In Nederland wordt de RiseSmart technologie u aangeboden door Randstad. Randstad (“Randstad”) biedt u de RiseSmart Service (“Service”) (zoals hieronder bepaald) via haar website op http://www.RiseSmart.com/nl-nl(de “Website”), overeenkomstig deze Voorwaarden RiseSmart Technology (“voorwaarden”). Door het aanvaarden van deze voorwaarden of door toegang te hebben tot of gebruik te maken van de Service of Website erkent u dat u deze voorwaarden heeft gelezen en begrepen en erkent u hieraan gebonden te zijn. Indien u niet akkoord gaat met deze voorwaarden, hoeft u deze voorwaarden niet te aanvaarden en mag u bijgevolg geen gebruik maken van de Service.
- 1.2 Randstad mag deze voorwaarden van tijd tot tijd zonder voorafgaande mededeling wijzigen. De herziene voorwaarden treden in werking zodra zij zijn gepubliceerd, en indien u na deze datum gebruik maakt van de Service, staat uw gebruik gelijk aan uw goedkeuring van de herziene voorwaarden. Indien u enige wijziging aan deze voorwaarden onaanvaardbaar vindt, is de enige oplossing hiervoor dat u geen toegang niet meer hebt tot en geen gebruik meer maakt van de Service.
- Beschrijving van de Service.
- De “Service” omvat (a) de Site, (b) Randstad services voor outplacement en loopbaanmanagement, en andere gerelateerde services (waaronder file management en analyseservices), en gerelateerde technologieën, en (c) alle software (waaronder de Software, zoals hieronder bepaald), materialen, portals, aanbevelingen, job leads, gegevens, rapporten, teksten, afbeeldingen, geluiden, video, analyses en andere content die beschikbaar is gesteld door het hiervoor genoemde (samen de "Content" genoemd). Nieuwe functies die worden toegevoegd aan de Service of uitbreidingen van de Service zijn ook onderworpen aan deze voorwaarden.
- Algemene voorwaarden / Toegang en Gebruik van de Service.
- 3.1 Overeenkomstig de bepalingen van deze voorwaarden, kunt u enkel toegang krijgen tot en gebruik maken van de Service, indien u deze voorwaarden heeft gelezen en daarmee akkoord bent gegaan. De Service is uitsluitend bedoeld voor eigen persoonlijk gebruik. Alle rechten, eigendomstitels en belangen in de Service en de onderdelen ervan blijven bij en behoren uitsluitend toe aan Randstad. Het is verboden (a) de Service in sublicentie te geven, door te verkopen, te verhuren, te leasen, over te dragen, toe te wijzen of op andere wijze commercieel te exploiteren of beschikbaar te stellen aan een derde; (b) de Service te gebruiken op een onwettige manier (met inbegrip van, zonder daartoe beperkt te zijn, schending van wetgeving inzake gegevens-, privacybescherming ) of op enige manier die de integriteit of werking van de Service of onderdelen ervan belemmert of verstoort; (c) de Service te wijzigen, aan te passen of te hacken, of op andere wijze te trachten ongeoorloofde toegang te krijgen tot de Service of de hiermee gerelateerde systemen of netwerken; of (d) Content te gebruiken op andere websites of andere media (bv. een netwerkomgeving). U dient zich te houden aan deze voorwaarden, toepasselijke wet- en regelgeving en alle instructies of andere richtlijnen die Randstad u verschaft of publiceert in samenhang met de Service, en u dient Randstad onverwijld te informeren in het geval van een beveiligingsprobleem in verband met de Service. Indien u van bepaalde diensten gebruik maakt, bent u bovendien onderworpen aan alle bijkomende voorwaarden die op deze diensten van toepassing zijn en die van tijd tot tijd op de website gepubliceerd kunnen worden, met inbegrip van, zonder hiertoe beperkt te zijn, het Privacystatement RiseSmart Technologie van Randstad. Randstad behoudt zich het recht voor de Service zonder vooraankondiging te sluiten, indien u zich niet houdt aan het bepaalde in deze voorwaarden of de wet. Daarnaast is Randstad gerechtigd de Service) te sluiten indien u een bepaalde tijd geen gebruik meer hebt gemaakt van de Service.
- 3.2 Alle software die beschikbaar wordt gesteld door Randstad in samenhang met de Service (“Software”) bevat informatie waarop eigendomsrechten berusten en vertrouwelijke informatie die wordt beschermd door de toepasselijke wetgeving inzake intellectuele eigendom en andere wetgeving. Overeenkomstig de bepalingen van deze voorwaarden verleent Randstad u hierbij een persoonlijk, niet-overdraagbaar, niet in sublicentie te geven en niet-exclusief recht en licentie de objectcode van de Software op slechts één enkel toestel in verband met de Service te gebruiken op voorwaarde dat u (of een door u daartoe in staat gestelde/aangewezen derde) geen van de broncodes probeert te ontdekken, kopieert, wijzigt, gebruikt om een afgeleid product te maken of ontleedt om hem na te kunnen maken of enig recht op de software verkoopt, toekent, in sublicentie geeft, of anderszins de rechten erop overdraagt. U stemt ermee in dat u geen toegang probeert te krijgen tot de Service op andere manieren dan via de interface die door Randstad wordt geboden om toegang te krijgen tot de Service. Alle rechten die hierbij niet uitdrukkelijk verleend zijn, zijn voorbehouden en er wordt u in verband met de Service geen licentie of recht verleend om gebruik te maken van het handelsmerk van Randstad of RiseSmart of welke derde dan ook.
- 3.3 U bent volledig verantwoordelijk voor alle gegevens, informatie, feedback, suggesties, teksten, content en andere materialen die u uploadt, post, levert, verstrekt of op andere wijze verzendt of opslaat (hierna “verzend(en)(ing)”) in verband met of met betrekking tot de Service ("Uw Content"). U verklaart en garandeert hierbij dat de Inhoud die door u in verband met de Service wordt verzonden, correct, , , relevant en volledig is (met inbegrip van uw CV, biografische gegevens en tewerkstellingsinformatie, wanneer u de Service gebruikt als werkzoekende). Randstad mag er bij haar dienstverlening vanuit gaan dat dit het geval is. Randstad is bevoegd maar niet verplicht om informatie waaronder informatie van gebruikers, die niet (meer) juist of volledig blijkt te zijn zonder vooraankondiging te verwijderen, te wijzigen of aan te vullen. Het is niet toegestaan berichten te verzenden of te plaatsen en/of materiaal te uploaden met een misleidende, beledigende, discriminerende of anderszins onrechtmatige of – naar de mening van Randstad – onbehoorlijke of onnodig krenkende inhoud. Randstad behoudt zich het recht voor dergelijke berichten en/of uploads niet te plaatsen of zonder vooraankondiging te verwijderen of te wijzigen.
U bent verantwoordelijk voor het behoud van de vertrouwelijkheid van uw login, wachtwoord en account en voor alle activiteiten die zich voordoen onder uw login of account. Randstad behoudt zich het recht voor toegang te hebben tot uw account om te reageren op uw verzoeken om technische ondersteuning. Randstad neemt beveiligingsmaatregelen om ongeautoriseerde toegang tot en gebruik van gegevens in de Service te voorkomen.
U dient zicht ervan bewust te zijn dat het onmogelijk is om volledig uit te sluiten dat
uw gegevens onbevoegd en/of onrechtmatig worden gebruikt of ongewild worden aangetast of verloren gaan. Randstad aanvaardt dan ook geen aansprakelijkheid indien uw gegevens, ondanks de genomen maatregelen, ongewild worden aangetast of verloren gaan dan wel onrechtmatig of onbevoegd worden ingezien en/of, tenzij dit te wijten is aan de grove schuld of opzet van Randstad.
- 3.4 U begrijpt dat de werking van de Service, inclusief Uw Content, ongecodeerd mag zijn en onderworpen mag zijn aan (a) transmissies over verschillende netwerken, (b) veranderingen om te beantwoorden aan en zich aan te passen aan technische vereisten voor het aansluiten van netwerken of toestellen, (c) overdracht naar derdenleveranciers en hostingpartners van RiseSmart om de benodigde hardware, software, netwerken, opslag en aanverwante technologie te leveren die nodig zijn om de Service te bedienen en onderhouden, en (d) overdracht aan andere derden in verband met de verlening van de Service aan u. Bijgevolg erkent u dat u de enige verantwoordelijkheid voor voldoende beveiliging, bescherming en back-up van Uw Content draagt. RiseSmart draagt geen aansprakelijkheid jegens u voor onbevoegde toegang tot of gebruik van Uw Content, of enige beschadiging, verwijdering, vernietiging of verlies van Uw Content.
- 3.5 Indien u werkzoekende bent, stemt u er bovendien mee in af te gaan op uw eigen oordeelsvermogen, behoedzaamheid en gezond verstand bij de beoordeling van mogelijke werkgevers en informatie die door deze of via Service wordt verstrekt en dat u uitsluitend het risico draagt van het vertrouwen dat u stelt in of het gebruik dat u maakt van de Content (met inbegrip van job leads of aanbevelingen) die door de Service wordt verschaft.
- 3.7 U erkent dat een opdrachtgever van Randstad Randstad mag inschakelen voor bijstand bij de zoektocht naar werk voor hun huidige en/of vorige werknemers via de Service. ("Opdrachtgeverovereenkomsten"). Indien u gebruik maakt van de Service overeenkomstig een Opdrachtgeverovereenkomst, kan Randstad voortgangsrapporten en andere informatie waarmee u geïdentificeerd wordt ter beschikking stellen van de opdrachtgever en aangeven welk gebruik u maakt van de Service, wat de reikwijdte is van uw gebruik van de Service, wat uw mijlpaalvooruitgang en status van zoektocht naar een job is, wat uw klantentevredenheid of andere feedback is betreffende de Dienst, en dit voor elke gebruiker individueel of voor meerdere samengenomen. Zie ook het Privacystatement RiseSmart Technologie oor meer informatie over het verzamelen, gebruiken en delen door Randstad van informatie die u en opdrachtgevers verschaffen met betrekking tot de Opdrachtgeverovereenkomst.
- 3.8 Indien u gebruik maakt van de Service krachtens een Opdrachtgeverovereenkomst, erkent u dat de Service die u ter beschikking is gesteld in geen geval de reikwijdte, duur of andere beperkingen overschrijden van de Opdrachtgeverovereenkomst krachtens welke u toegang hebt gekregen tot de Service.
- 3.9 U stemt ermee in dat Randstad (a) algemene regels en beperkingen mag vastleggen betreffende het gebruik van de Service, met inbegrip van, maar niet beperkt tot, de maximale tijdsduur dat de Content door de Service wordt bewaard en de maximale opslagruimte die u wordt toegekend, (b) dat Randstad iseSmart geen verantwoordelijkheid of aansprakelijkheid draagt voor het verwijderen of niet opslaan van Content die wordt bewaard en geüpload naar de Service, en (c) dat Randstad Content mag bewaren en openbaar maken indien zij hiertoe bij wet verplicht wordt of indien dit noodzakelijk is om: (i) te voldoen aan juridische procedures, toepasselijke wetgeving of verzoeken van de overheid; (ii) deze voorwaarden af te dwingen; (iii) antwoord te geven op eisen volgens welke Content de rechten van derden zou schenden; of (iv) de rechten, eigendom of persoonlijke veiligheid van Randstad, haar gebruikers en het publiek te beschermen.
- Beëindiging.
- U hebt het recht uw account op elk moment stop te zetten overeenkomstig de procedures die beschreven staan op de Website of die u afzonderlijk zijn overhandigd, in voorkomend geval. Indien u gebruik maakt van de Service in het kader van een Opdrachtgeverovereenkomst, erkent u dat uw toegang tot dergelijke Service zal eindigen wanneer de Opdrachtgeverovereenkomst vervalt of ten einde komt. Randstad behoudt zich het recht voor (i) de Service (of een deel ervan) te wijzigen of, tijdelijk of permanent, te onderbreken en (ii) alle huidig of toekomstig gebruik van de Service te weigeren, uw account (of een deel ervan) of gebruik van de Service op te schorten of te beëindigen en Uw Content op de Service te verwijderen, voor welke reden dan ook, waaronder indien RiseSmart meent dat u deze voorwaarden heeft geschonden. RiseSmart is niet aansprakelijk jegens u of een derde voor enige wijziging, opschorting of stopzetting van de Service.
U kan de Service niet gebruiken als opslagplaats van unieke gegevens of back-up daarvan. De informatie op de Service wordt niet onbeperkt voor u getoond en bewaard. U dient zelf zorg te dragen voor een adequate back-up van gegevens. U bent daarnaast zelf verantwoordelijk voor de naleving van op u rustende bewaarverplichtingen op grond van wet, regelgeving of overeenkomst.
Als u twee jaar lang geen gebruik maakt van de Service zullen wij na twee jaar uw gegevens verwijderen. Hiervan word u van tevoren op de hoogte gesteld.
TIP: zorg op tijd voor een adequate back-up van uw gegevens..
- DISCLAIMER.
Randstad is gerechtigd (maar niet verplicht) de Service aan te passen, onder meer in verband met haar bedrijfsprocessen of technologische ontwikkelingen. Daarbij kan bestaande functionaliteit worden aangepast, aangevuld of verwijderd. Randstad zal u, waar nodig en mogelijk, vooraf informeren omtrent aanpassingen, die een wezenlijke impact hebben op uw samenwerking met Randstad.
- . Randstad zal zich redelijkerwijs inspannen om de beschikbaarheid en kwaliteit van de Service te waarborgen. Randstad staat echter niet in voor fouten of weglatingen in de content en de ongestoorde werking en beschikbaarheid van de Service. Randstad is uitdrukkelijk niet verantwoordelijk voor storingen of verminderde beschikbaarheid van de Service door overmacht (waaronder begrepen storingen op het internet, hacking, denial of service attacks) en/of door handelen of nalaten van uzelf of door u ingeschakelde derden en sluit iedere aansprakelijkheid daarvoor uit.
- BEPERKING VAN AANSPRAKELIJKHEID.
- 8.1 Randstad kan geenzins aansprakelijk worden gesteld voor indirecte schade. Eventuele aansprakelijkheid zal beperkt zijn tot het bedrag dat betaald is voor de Service.
- Schadeloosstelling.
- U dient RiseSmart te behoeden, schadeloos te stellen en te vrijwaren tegen alle aanspraken, gerechtelijke procedures of eisen, die voortvloeien uit uw verbreking van deze voorwaarden, Uw Content, of uw toegang tot, bijdrage tot, gebruik of misbruik van de Service.
- Toepasselijk Recht.
- Op deze voorwaarden is Nederlands recht van toepassing. Bij eventuele geschillen zal de rechtbank van Amsterdam bevoegd zijn
- 1. Apple-compatibele softwareapplicaties
- RiseSmart biedt softwareapplicaties die bedoeld zijn om om te worden aangestuurd op producten die commercieel verkrijgbaar zijn bij Apple Inc. (“Apple”), naast andere platformen. Betreffende de Software die ter beschikking is gesteld voor gebruik in samenhang met een product van het merk Apple. Randstad en (erkennen dat deze voorwaarden uitsluitend tussen RiseSmart en u wordt afgesloten, en niet met Apple.
- Indien u vragen, klachten of schade-eisen hebt met betrekking tot de Apple-compatibele Software, kunt u deze als volgt richten aan RiseSmart:
- user.support@risesmart.com
- RiseSmart, Inc.
- 55 Almaden Boulevard, Suite 800
- San Jose, CA 95113
- Randstad en u erkennen en komen overeen dat Apple, en de dochterondernemingen van Apple, derden-begunstigden van deze voorwaarden zijn met betrekking tot de Apple-compatibele Software, en dat Apple op grond van uw aanvaarding van de bepalingen van deze voorwaarden het recht (aanvaard) heeft in haar hoedanigheid van derde-begunstigde om deze voorwaarden met betrekking tot de Apple-compatibele Software jegens u te handhaven.
Privacy
Via de Service en bij het aanmaken van een account voor de Service wordt vertrouwelijke informatie, waaronder persoonsgegevens, verwerkt. Randstad zal je persoonsgegevens vertrouwelijk behandelen. Meer informatie hierover vind je in het Privacystatement RiseSmart Technologie.
Effective June 20th 2017 to June 12th 2018
DownloadTable of Contents
- Voorwaarden RiseSmart Technologie
- Privacystatement
- Sitemap
Aanvaarden van de voorwaarden.
- In Nederland wordt de RiseSmart Technologie u aangeboden door Randstad. Randstad (“Randstad”) biedt u de Service (“Service”) (zoals hieronder bepaald) via haar website op http://www.risesmart.com.nl (de “Website”), overeenkomstig deze Voorwaarden RiseSmart Technology (“voorwaarden”). Door het aanvaarden van deze voorwaarden of door toegang te hebben tot of gebruik te maken van de Service of Website erkent u dat u deze voorwaarden heeft gelezen en begrepen en erkent u hieraan gebonden te zijn. Indien u niet akkoord gaat met deze voorwaarden, hoeft u deze voorwaarden niet te aanvaarden en mag u bijgevolg geen gebruik maken van de Service.
- Randstad mag deze voorwaarden van tijd tot tijd zonder voorafgaande mededeling wijzigen. De herziene voorwaarden treden in werking zodra zij zijn gepubliceerd, en indien u na deze datum gebruik maakt van de Service, staat uw gebruik gelijk aan uw goedkeuring van de herziene voorwaarden. Indien u enige wijziging aan deze voorwaarden onaanvaardbaar vindt, kunt u zich uitschrijven via de Service of een verzoek doen bij uw contactpersoon tot uitschrijving.
Beschrijving van de Service.
- De “Service” omvat (a) de Site, (b) Randstad services voor outplacement en loopbaanmanagement, en andere gerelateerde services (waaronder file management en analyse services), en gerelateerde technologieën, en (c) alle software (waaronder de Software, zoals hieronder bepaald), materialen, portals, aanbevelingen, job leads, gegevens, rapporten, teksten, afbeeldingen, geluiden, video, analyses en andere content die beschikbaar is gesteld door het hiervoor genoemde (samen de "Content" genoemd). Nieuwe functies die worden toegevoegd aan de Service of uitbreidingen van de Service zijn ook onderworpen aan deze voorwaarden.
Algemene voorwaarden / Toegang en Gebruik van de Service.
- Overeenkomstig de bepalingen van deze voorwaarden, kunt u enkel toegang krijgen tot en gebruik maken van de Service, indien u deze voorwaarden heeft gelezen en daarmee akkoord bent gegaan. De Service is uitsluitend bedoeld voor eigen persoonlijk gebruik. Alle rechten, eigendomstitels en belangen in de Service en de onderdelen ervan blijven bij en behoren uitsluitend toe aan Randstad. Het is verboden (a) de Service in sublicentie te geven, door te verkopen, te verhuren, te leasen, over te dragen, toe te wijzen of op andere wijze commercieel te exploiteren of beschikbaar te stellen aan een derde; (b) de Service te gebruiken op een onwettige manier (met inbegrip van, zonder daartoe beperkt te zijn, schending van wetgeving inzake gegevens-, privacybescherming ) of op enige manier die de integriteit of werking van de Service of onderdelen ervan belemmert of verstoort; (c) de Service te wijzigen, aan te passen of te hacken, of op andere wijze te trachten ongeoorloofde toegang te krijgen tot de Service of de hiermee gerelateerde systemen of netwerken; of (d) Content te gebruiken op andere websites of andere media (bv. een netwerkomgeving). U dient zich te houden aan deze voorwaarden, toepasselijke wet- en regelgeving en alle instructies of andere richtlijnen die Randstad u verschaft of publiceert in samenhang met de Service, en u dient Randstad onverwijld te informeren in het geval van een beveiligingsprobleem in verband met de Service. Indien u van bepaalde diensten gebruik maakt, bent u bovendien onderworpen aan alle bijkomende voorwaarden die op deze diensten van toepassing zijn en die van tijd tot tijd op de website gepubliceerd kunnen worden, met inbegrip van, zonder hiertoe beperkt te zijn, het Privacystatement RiseSmart Technologie van Randstad. Randstad behoudt zich het recht voor de Service zonder vooraankondiging te sluiten, indien u zich niet houdt aan het bepaalde in deze voorwaarden of de wet. Daarnaast is Randstad gerechtigd de Service) te sluiten indien u een bepaalde tijd geen gebruik meer hebt gemaakt van de Service.
- Alle software die beschikbaar wordt gesteld door Randstad in samenhang met de Service (“Software”) bevat informatie waarop eigendomsrechten berusten en vertrouwelijke informatie die wordt beschermd door de toepasselijke wetgeving inzake intellectuele eigendom en andere wetgeving. Overeenkomstig de bepalingen van deze voorwaarden verleent Randstad u hierbij een persoonlijk, niet-overdraagbaar, niet in sublicentie te geven en niet-exclusief recht en licentie de objectcode van de Software op slechts één enkel toestel in verband met de Service te gebruiken op voorwaarde dat u (of een door u daartoe in staat gestelde/aangewezen derde) geen van de broncodes probeert te ontdekken, kopieert, wijzigt, gebruikt om een afgeleid product te maken of ontleedt om hem na te kunnen maken of enig recht op de software verkoopt, toekent, in sublicentie geeft, of anderszins de rechten erop overdraagt. U stemt ermee in dat u geen toegang probeert te krijgen tot de Service op andere manieren dan via de interface die door Randstad wordt geboden om toegang te krijgen tot de Service. Alle rechten die hierbij niet uitdrukkelijk verleend zijn, zijn voorbehouden en er wordt u in verband met de Service geen licentie of recht verleend om gebruik te maken van het handelsmerk van Randstad of RiseSmart of welke derde dan ook.
- U bent volledig verantwoordelijk voor alle gegevens, informatie, feedback, suggesties, teksten, content en andere materialen die u uploadt, post, levert, verstrekt of op andere wijze verzendt of opslaat (hierna “verzend(en)(ing)”) in verband met of met betrekking tot de Service ("Uw Content"). U verklaart en garandeert hierbij dat de inhoud die door u in verband met de Service wordt verzonden, correct, relevant en volledig is (met inbegrip van uw CV, biografische gegevens en tewerkstellingsinformatie, wanneer u de Service gebruikt als werkzoekende). Randstad mag er bij haar dienstverlening vanuit gaan dat dit het geval is. Randstad is bevoegd maar niet verplicht om informatie waaronder informatie van gebruikers, die niet (meer) juist of volledig blijkt te zijn zonder vooraankondiging te verwijderen, te wijzigen of aan te vullen. Het is niet toegestaan berichten te verzenden of te plaatsen en/of materiaal te uploaden met een misleidende, beledigende, discriminerende of anderszins onrechtmatige of – naar de mening van Randstad – onbehoorlijke of onnodig krenkende inhoud. Randstad behoudt zich het recht voor dergelijke berichten en/of uploads niet te plaatsen of zonder vooraankondiging te verwijderen of te wijzigen.
- In uw portal (Spotlight) is het mogelijk om uw eigen contactpersonen toe te voegen. Deze gegevens worden enkel verwerkt voor uw eigen gebruik teneinde uw netwerk te benutten voor het vinden van een nieuwe baan. Deze gegevens worden niet gebruikt voor andere doeleinden of voor andere partijen. U dient er zelf voor zorg te dragen dat u toestemming heeft om deze gegevens op te nemen.
- U bent verantwoordelijk voor het behoud van de vertrouwelijkheid van uw login, wachtwoord en account en voor alle activiteiten die zich voordoen onder uw login of account. Randstad behoudt zich het recht voor toegang te hebben tot uw account om te reageren op uw verzoeken om technische ondersteuning. Randstad neemt beveiligingsmaatregelen om ongeautoriseerde toegang tot en gebruik van gegevens in de Service te voorkomen.
U dient zich ervan bewust te zijn dat het onmogelijk is om volledig uit te sluiten dat
uw gegevens onbevoegd en/of onrechtmatig worden gebruikt of ongewild worden aangetast of verloren gaan. Randstad aanvaardt dan ook geen aansprakelijkheid indien uw gegevens, ondanks de genomen maatregelen, ongewild worden aangetast of verloren gaan dan wel onrechtmatig of onbevoegd worden ingezien en/of, tenzij dit te wijten is aan de grove schuld of opzet van Randstad.
- Het gebruik maken van de Service is zowel voor u als voor Randstad geheel vrijblijvend. Het verplicht u niet om werk te accepteren en het verplicht Randstad niet om u werk aan te bieden. Dit kan anders zijn indien dit is overeengekomen met u, Randstad en en/of de Opdrachtgever. Heeft u gesolliciteerd of is voor of door u een account aangemaakt, dan gaan we er wel van uit dat u op zoek bent naar of geïnteresseerd bent in (ander) werk en dat we dus – mondeling, schriftelijk en/of digitaal - contact met u op mogen nemen in verband met (mogelijk) werk en alles wat daarmee verband houdt, rekening houdend met de doeleinden genoemd in het Privacystatement RiseSmart Technologie.
- U erkent dat een opdrachtgever van Randstad Randstad mag inschakelen voor bijstand bij de zoektocht naar werk voor hun huidige en/of vorige werknemers via de Service. ("Opdrachtgeverovereenkomsten"). Indien u gebruik maakt van de Service overeenkomstig een Opdrachtgeverovereenkomst, kan Randstad voortgangsrapporten en andere informatie waarmee u geïdentificeerd wordt ter beschikking stellen van de opdrachtgever en aangeven welk gebruik u maakt van de Service, wat de reikwijdte is van uw gebruik van de Service, wat uw status van de gestelde doelen en van de zoektocht naar werk is, wat uw klantentevredenheid of andere feedback is betreffende de Dienst, zowel op individueel als geaggregeerd niveau. Zie ook het Privacystatement RiseSmart Technologie voor meer informatie over het verzamelen, gebruiken en delen door Randstad van informatie die u en opdrachtgevers verschaffen met betrekking tot de Opdrachtgeverovereenkomst.
- Indien u gebruik maakt van de Service krachtens een Opdrachtgeverovereenkomst, erkent u dat de Service die u ter beschikking is gesteld in geen geval de reikwijdte, duur of andere beperkingen overschrijden van de Opdrachtgeverovereenkomst krachtens welke u toegang hebt gekregen tot de Service.
- U stemt ermee in dat Randstad (a) algemene regels en beperkingen mag vastleggen betreffende het gebruik van de Service, met inbegrip van, maar niet beperkt tot, de maximale tijdsduur dat de Content door de Service wordt bewaard en de maximale opslagruimte die u wordt toegekend, (b) dat Randstad geen verantwoordelijkheid of aansprakelijkheid draagt voor het verwijderen of niet opslaan van Content die wordt bewaard en geüpload naar de Service, en (c) dat Randstad Content mag bewaren en openbaar maken indien zij hiertoe bij wet verplicht wordt of indien dit noodzakelijk is om: (i) te voldoen aan juridische procedures, toepasselijke wetgeving of verzoeken van de overheid; (ii) deze voorwaarden af te dwingen; (iii) antwoord te geven op eisen volgens welke Content de rechten van derden zou schenden; of (iv) de rechten, eigendom of persoonlijke veiligheid van Randstad, haar gebruikers en het publiek te beschermen.
Beëindiging
- U hebt het recht uw account op elk moment stop te zetten overeenkomstig de procedures die beschreven staan op de Website of die u afzonderlijk zijn overhandigd, in voorkomend geval. Indien u gebruik maakt van de Service in het kader van een Opdrachtgeverovereenkomst, erkent u dat uw toegang tot dergelijke Service zal eindigen wanneer de Opdrachtgeverovereenkomst vervalt of ten einde komt. Randstad behoudt zich het recht voor (i) de Service (of een deel ervan) te wijzigen of, tijdelijk of permanent, te onderbreken en (ii) alle huidig of toekomstig gebruik van de Service te weigeren, uw account (of een deel ervan) of gebruik van de Service op te schorten of te beëindigen en Uw Content op de Service te verwijderen, voor welke reden dan ook, waaronder indien Randstad meent dat u deze voorwaarden heeft geschonden. Randstad is niet aansprakelijk jegens u of een derde voor enige wijziging, opschorting of stopzetting van de Service.
U kunt de Service niet gebruiken als opslagplaats van unieke gegevens of back-up daarvan. De informatie op de Service wordt niet onbeperkt voor u getoond en bewaard. U dient zelf zorg te dragen voor een adequate back-up van gegevens. U bent daarnaast zelf verantwoordelijk voor de naleving van op u rustende bewaarverplichtingen op grond van wet, regelgeving of overeenkomst.
Als u twee jaar lang geen gebruik maakt van de Service zullen wij na twee jaar uw gegevens verwijderen. Hiervan wordt u van tevoren op de hoogte gesteld.
TIP: zorg op tijd voor een adequate back-up van uw gegevens.
Disclaimer
- Randstad is gerechtigd (maar niet verplicht) de Service aan te passen, onder meer in verband met haar bedrijfsprocessen of technologische ontwikkelingen. Daarbij kan bestaande functionaliteit worden aangepast, aangevuld of verwijderd. Randstad zal u, waar nodig en mogelijk, vooraf informeren omtrent aanpassingen, die een wezenlijke impact hebben op uw samenwerking met Randstad.
Randstad draagt geen aansprakelijkheid jegens u voor onbevoegde toegang tot of gebruik van Uw Content, of enige beschadiging, verwijdering, vernietiging of verlies van Uw Content.
Randstad zal zich redelijkerwijs inspannen om de beschikbaarheid en kwaliteit van de Service te waarborgen. Randstad staat echter niet in voor fouten of weglatingen in de content en de ongestoorde werking en beschikbaarheid van de Service. Randstad is uitdrukkelijk niet verantwoordelijk voor storingen of verminderde beschikbaarheid van de Service door overmacht (waaronder begrepen storingen op het internet, hacking, denial of service attacks) en/of door handelen of nalaten van uzelf of door u ingeschakelde derden en sluit iedere aansprakelijkheid daarvoor uit.
Beperking van aansprakelijkheid
- Randstad kan geenszins aansprakelijk worden gesteld voor indirecte schade. Eventuele aansprakelijkheid zal beperkt zijn tot het bedrag dat betaald is voor de Service (door u, Randstad, de Opdrachtgever of een derde).
Schadeloosstelling
- U dient Randstad te behoeden, schadeloos te stellen en te vrijwaren tegen alle aanspraken, gerechtelijke procedures of eisen, die voortvloeien uit het niet nakomen van de verplichtingen van deze voorwaarden, Uw Content, of uw toegang tot, bijdrage tot, gebruik of misbruik van de Service.
Toepasselijk Recht
- Op deze voorwaarden is Nederlands recht van toepassing. Bij eventuele geschillen zal de rechtbank van Amsterdam bevoegd zijn.
Apple-compatibele softwareapplicaties
- Randstad biedt softwareapplicaties die bedoeld zijn om te worden aangestuurd op producten die commercieel verkrijgbaar zijn bij Apple Inc. (“Apple”), naast andere platformen. Betreffende de Software die ter beschikking is gesteld voor gebruik in samenhang met een product van het merk Apple. Randstad en (erkennen dat deze voorwaarden uitsluitend tussen Randstad en u wordt afgesloten, en niet met Apple.
Indien u vragen, klachten of schade-eisen hebt met betrekking tot de Apple-compatibele Software, kunt u deze als volgt richten aan RiseSmart:
support@nl.risesmart.com
RiseSmart,
Diemermere 25
1112 TC Diemen
Randstad en u erkennen en komen overeen dat Apple, en de dochterondernemingen van Apple, derden-begunstigden van deze voorwaarden zijn met betrekking tot de Apple-compatibele Software, en dat Apple op grond van uw aanvaarding van de bepalingen van deze voorwaarden het recht (aanvaard) heeft in haar hoedanigheid van derde-begunstigde om deze voorwaarden met betrekking tot de Apple-compatibele Software jegens u te handhaven.
Privacy
- Via de Service en bij het aanmaken van een account voor de Service wordt vertrouwelijke informatie, waaronder persoonsgegevens, verwerkt. Randstad zal je persoonsgegevens vertrouwelijk behandelen. Meer informatie hierover vind je in het Privacystatement RiseSmart Technologie.
Terms and Conditions
Effective April 10th 2019
DownloadTable of Contents
1. Acceptance of the terms
This website is provided to you by RiseSmart, a Randstad Professionals nv division (hereinafter referred to as RiseSmart), with headquarters in Access Building, Avenue Charles Quint, 586 (b 8), 1082 Brussels.
By using the website, you unconditionally agree with these Terms of Service. RiseSmart reserves the right to change the content of these terms. When using the website, the current Terms of Service as stated on the website, are always applicable.
Belgian laws applies to the access to, the use and operation of our website, the terms of Services, our services and any disputes which are (or may be) related to. Only the Belgian court is authorized to notify these disputes.
2. Description of the Service
RiseSmart provides outplacement services, career services, assessment & competence services, loopbaanfocus and employability services. RiseSmart provides partially his services via this website and the RiseSmart Technology for outplacement and career sevices (hereafter Service). Any new features added to or augmenting the Service are also subject to the Terms of Service and the Privacy Statement.
3. General conditions access & use of the Service
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart.
You shall not (a) sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or intellectual property law) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Statement.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
3.7 You acknowledge that a Client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment or coaching through the Service (“Client Agreement”).
3.8 If you are using the Service pursuant to a Client Agreement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Client Agreement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Representations and Warranties.
In connection with your use, you agree NOT to: violate any rules of regulations including, but not limited to anti-discrimination, or equal opportunity laws; infringe any intellectual property and privacy rights, including, but not limited to copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, fraudulent, breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
5. Termination.
If you are using the Service pursuant to a Client Agreement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Client Agreement.
RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS.
RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart.
All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion.
6. Disclaimer
RiseSmart does not warrant that the service will be uninterrupted, timely, secure, error-free or virus free and no information, advice or services obtained by you from RiseSmart of through the service shall create any warranty not expressly stated in this TOS.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users).
7. Apple-Enabled Software Applications RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “AppleEnabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply: RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Effective April 10th 2019 to April 10th 2019
DownloadTable of Contents
1. Acceptance of the terms
This website is provided to you by RiseSmart, a Randstad Professionals nv division (hereinafter referred to as RiseSmart), with headquarters in Access Building, Avenue Charles Quint, 586 (b 8), 1082 Brussels.
By using the website, you unconditionally agree with these Terms of Service. RiseSmart reserves the right to change the content of these terms. When using the website, the current Terms of Service as stated on the website, are always applicable.
Belgian laws applies to the access to, the use and operation of our website, the terms of Services, our services and any disputes which are (or may be) related to. Only the Belgian court is authorized to notify these disputes.
2. Description of the Service
RiseSmart provides outplacement services, career services, assessment & competence services, loopbaanfocus and employability services. RiseSmart provides partially his services via this website and the RiseSmart Technology for outplacement and career sevices (hereafter Service). Any new features added to or augmenting the Service are also subject to the Terms of Service and the Privacy Statement.
3. General conditions access & use of the Service
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart.
You shall not (a) sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or intellectual property law) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Statement.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
3.7 You acknowledge that a Client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment or coaching through the Service (“Client Agreement”).
3.8 If you are using the Service pursuant to a Client Agreement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Client Agreement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Representations and Warranties.
In connection with your use, you agree NOT to: violate any rules of regulations including, but not limited to anti-discrimination, or equal opportunity laws; infringe any intellectual property and privacy rights, including, but not limited to copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, fraudulent, breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
5. Termination.
If you are using the Service pursuant to a Client Agreement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Client Agreement.
RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS.
RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart.
All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion.
6. Disclaimer
RiseSmart does not warrant that the service will be uninterrupted, timely, secure, error-free or virus free and no information, advice or services obtained by you from RiseSmart of through the service shall create any warranty not expressly stated in this TOS.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users).
7. Apple-Enabled Software Applications RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “AppleEnabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply: RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Effective June 20th 2017 to April 10th 2019
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Terms of Services
- Acceptance of the terms
This website is provided to you by RiseSmart, a Randstad Professionals nv division (hereinafter referred to as RiseSmart), with headquarters in Access Building, Avenue Charles Quint, 586 (b 8), 1082 Brussels.
By accepting these Terms of Service (TOS) or by using the website, you unconditionally agree with these Terms of Service. RiseSmart reserves the right to change the content of these terms. When using the website, the current Terms of Service as stated on the website, are always applicable.
Belgian laws applies to the access to, the use and operation of our website, the terms of Services, our services and any disputes which are (or may be) related to. Only the Belgian court is authorized to notify these disputes.
2. Description of the Service
RiseSmart provides outplacement services, career management services, assessment & competence services and employability services. The Service includes (a) the website, (b) RiseSmart’s outplacement services, career management services, assessment & competence services and employability services, related RiseSmart Technology and other related services (including file management and analytics services), and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to the Terms of Service and the Privacy Statement.
3. General conditions access & use of the services
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart.
You shall not (a) sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or intellectual property law) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Statement.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
3.7 You acknowledge that a Client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Client Agreement”).
3.8 If you are using the Service pursuant to a Client Agreement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Client Agreement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Representations and Warranties.
In connection with your use, you agree NOT to: violate any rules of regulations including, but not limited to anti-discrimination, or equal opportunity laws; infringe any intellectual property and privacy rights, including, but not limited to copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, fraudulent, breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
5. Termination.
If you are using the Service pursuant to a Client Agreement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Client Agreement.
RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS.
RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart.
All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion.
6. Disclaimer
RiseSmart does not warrant that the service will be uninterrupted, timely, secure, error-free or virus free and no information, advice or services obtained by you from RiseSmart of through the service shall create any warranty not expressly stated in this TOS.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users).
7. Apple-Enabled Software Applications RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “AppleEnabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply: RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Privacy Policy
Effective April 10th 2019
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(outplacement, career services, career focus, employability, competence & assessment services)
At RiseSmart we attach great importance to protecting the personal privacy of all people whose data we compile. We treat and protect this data with the utmost care, in accordance with the applicable laws in Belgium[1].
We do everything to protect the data supplied to us against loss, destruction, publication, unauthorised access or improper use.
We do everything to protect the data supplied to us against loss, destruction, publication, unauthorised access or improper use.
In this privacy statement we explain who we are and why we require your personal data, which data we compile, how and for how long we process it, who we can pass it on to, what your rights are and how you can exert them.
This privacy statement is intended for you if:
- you are following an outplacement programme at RiseSmart (outplacement), after you have accepted an outplacement offer at (the employment unit of) your previous employer or after you have requested outplacement with an outplacement voucher of the National Employment Office;
- you are following coaching training at RiseSmart (career services) at your own initiative or in consultation with your employer;
- you are taking career guidance at RiseSmart (career focus) at your own initiative, at your own expense or subsidised via career vouchers of the VDAB;
- you are taking process guidance at RiseSmart (employability) via the VDAB, Actiris or Forem;
- you are taking part in an assessment or development centre, testing and potential assessment (competence and assessment services) at RiseSmart, in consultation with your current or potential employer.
A. Who we are
RiseSmart, a division of Randstad Professionals nv, situated in Access Building, Keizer Karellaan, 586 bus 8, 1082 Brussels, is responsible for the processing of your personal details (Controller in the sense of the GDPR).
When you take process guidance (employability) or career guidance (career focus) at RiseSmart, RiseSmart does this for the VDAB, Actiris or Forem. In this case, these regional employment-finding services are responsible for processing and RiseSmart is the processor of your personal details in the sense of the GDPR.
B. When do we compile your personal details?
We compile your details as soon as you fill these in yourself or leave them on our website or on one of our IT applications/tools we make available to you (outplacement/career services: Hubble, Spotlight), if you register at one of our RiseSmart offices or if you register in a different way (e.g. information session in case of collective dismissal, etc.) to make use of one of our services.
We also compile your data as soon as your previous, current or potential employer registers you with us in execution of a RiseSmart service offered to and accepted by you (outplacement, career services and competence & assessment services).
Finally, we also compile your data if you have given the VDAB permission as a job seeker to send us your data as part of the realisation of process guidance (employability) or subsidised career guidance (career focus) by RiseSmart. The same happens when entering into a process guidance agreement between you, Actiris or Forem and RiseSmart.
To summarise, we compile your data in the run-up to and the preparation of the execution of one of the services of RiseSmart you have committed to directly or indirectly.
C. Why do we need your personal details?
We compile your personal details for the objectives mentioned below and will not use this data for other purposes without informing you in advance and, if necessary, asking your permission.
We use your personal details for concluding and realising the service agreement in question which we entered into with you, with your previous, current or potential employer and/or with a regional employment service (VDAB, Actiris or Forem). This comprises the following services: outplacement, career services, career focus, employability or competence & assessment services.
More specifically, we use your personal details to, depending on the agreed service and, when applicable,
- enter into a service agreement with you and/or with your previous, current or potential employer or regional employment service, carry this out professionally and do the relevant administration;
- provide the service agreed with you and/or with your previous, current or potential employer or regional employment service, including, but not limited to, determining the exact content and scope of the service;
- be able to make you offers and/or provide information about the agreed service and other activities and be able to align them better to your wishes and competencies. This is done by our consultants and can be partly automated. This can include services such as psychological guidance, application training, job leads, training courses or workshops, help with writing your CV and/or other agreed forms of support;
- evaluate and/or strengthen your competencies and improve them in the long term, discover your development potential and guide you, determine your profile and assess your suitability and availability as part of job placement towards getting temporary or permanent work, or to finding any other type of work. Here we can make use of, among others, results of tests we let you take (personality tests, language tests, assessments, etc.) and of (online) reference checks we only carry out with your explicit consent at the people and/or companies you listed. We may also ask you to provide more information about yourself on a voluntary basis to be able to get the maximum result from our services;
- promote your personal development and usability by offering, among others, (short) courses, guidance, workshops, etc., at RiseSmart or one of the companies of Randstad or a third party (e.g. Cevora);
- in execution of the service, provide the statutory or agreed reports, results and information to you, your previous, current or potential employer or employment unit, regional job placement services or sector funds;
- invoice the RiseSmart service, draw up subsidy files and request subsidies (e.g. European Social Fund, Social Intervention Fund, etc.);
- Meet certain quality objectives, such as obtaining and keeping certain certificates or quality labels.
- Monitor and measure the quality of our services. To this end we ourselves, or a third party we have commissioned to do so, may ask you to take part in surveys and use the obtained information and process it to improve the quality of our services.
- Meet management objectives, including providing management information, carrying out internal checks to prevent fraud and to carry out (internal/external) audits and accounting audits.
- Be able to provide statistical information for studies of interest to RiseSmart or our sector federation Federgon (professional organisations of HR service providers). In this case, we use aggregated personal data, whereby you are not individually identifiable in the results that are made public by RiseSmart or shared with third parties.
- Guarantee company safety. To this end we may, for instance, check your identity when accessing one of our offices. We can also check the activities in our systems to prevent misuse of the information of our databases and to protect our interests and those of all people included in our databases.
- Comply with legal obligations and to be able to demonstrate them;
- Allow you to exert your rights (also see point H) and to indicate later on why we acted upon these rights.
- enable you to use RiseSmart Technology (Spotlight and all related software) if wanted
We use and process your personal details, depending on the type of processing, on the basis of:
- our (pre)contractual relation with you and/or with your (previous) employer or regional employment service:
if we conclude a service agreement directly with you (e.g. career focus), we require several details to be able to prepare, draw up and then properly carry out this agreement.
This is also the case if you aren’t a direct party in a service agreement of RiseSmart, but you are the “third-party beneficiary” of this service, and you agreed with the service offered at your previous, current or potential employer (e.g. outplacement, career services, competence & assessment services).
If you don’t want your personal details to be processed in this framework, we cannot enter into service with you or implement it (further). - the task being assigned to RiseSmart by VDAB, Forem and Actiris (employability and career focus):
if you give permission to VDAB, Actiris or Forem to give RiseSmart access to your personal details, we will compile this data and use it for VDAB, Actiris or Forem. The result is that RiseSmart doesn’t act as the company responsible for processing your personal details (Controller) and that you will have to initially address VDAB, Actiris or Forem with any questions you have regarding your personal details. - the statutory obligations related to the execution of the service: our service is subject to numerous statutory obligations (e.g. outplacement, career focus, employability). We have to have all information required to meet these duties or to be able to indicate in case of an inspection that we met our duties on time and for the full duration of these duties.
the legitimate interest of RiseSmart or of a third party:
if necessary, we use your data to meet legitimate interests of RiseSmart or of third parties. This can, for instance, happen for access control or internal control and audits to guarantee the safety and continuity of our systems and companies. This legitimate interest also applies if we have to file your data as part of initiating, exerting or substantiating possible legal actions.
D. Which of your personal details do we process
We process the personal details that are required for our service. Some of these details (e.g. identity, and contact details) are obligatory to be able to make use of our services. Additional data may be necessary or desirable in order to better align our service to your wishes and qualities or to meet more specific requests of customers (e.g. VDAB, Actiris, Forem for employability or the National Employment Office for outplacement vouchers) or RiseSmart customers (your previous, current or potential employer or the employment unit of your previous employer). If you choose to send us your data, we may use and share this data with third parties (also see point E) in the framework of carrying out the service you requested or accepted.
You are responsible for the accuracy and relevance of the data you supply us with. It is advisable to pass on any changes in your personal details to us as soon as possible, either online via your profile in Spotlight (outplacement/career services), or to your consultant in your RiseSmart office.
Customers can involve RiseSmart via a service agreement for assistance in the search for work for previous employees, for determining and guiding the development potential or for evaluating and/or reinforcing the competencies of current and future employees. As part of this service agreement, the customer provides RiseSmart with a list of people who are eligible for the service in question.
If you are eligible for this, your name, recent job, private address, phone number, e-mail address, department or business unit and other relevant personal details may be included on this list.
If you are eligible for this, your name, recent job, private address, phone number, e-mail address, department or business unit and other relevant personal details may be included on this list.
If you register with RiseSmart as a participant, or if you are registered by third parties (e.g. your employer), you or this third party must share all relevant (documents with) personal details with us.
Depending on the service you requested or accepted, this can concern, among others, the following personal details:
- name, address, e-mail address, phone number and other contact details;
- date of birth, age and gender;
- passport photo and video (introduction) – on a voluntary basis;
- curriculum vitae (CV), detailed information about current and previous jobs, current and previous employers, information about diplomas, language skills, job placement, work experience, etc.;
- data, including results, about training courses and/or tests/assessments you have taken yourself or via RiseSmart;
- your objectives/action plan in the area of coaching, competency and/or career development;
- your current or previous wage and expectations of future wage, work to be carried out, sector, employer, working hours, etc.;
- your professional social media profile and other relevant profiles of your network;
- other data that is or may be of interest as part of the assessment of your suitability, such as references and certificates;
- evaluations of your knowledge, skills, attitude, etc.;
- information about the status, progress and milestones in your search for a job;
- results of assessments and competence or career services;
- report of your consultant, coach, etc. as a result of interviews, talks, coaching sessions, etc.;
- compulsory reports for our customers (e.g. VDAB, Actiris, Forem for employability or the National Employment Office for outplacement vouchers, your previous, current or potential employer or the employment unit of your previous employer);
- information about customer satisfaction or other feedback about our service.
- username, Spotlight profile password
We do not register any particular personal details, except for when this is necessary to meet certain legal obligations and insofar as permission has been given for this, or if this is otherwise allowed under or pursuant to the law. ‘Particular personal details’ in this context means race, religion, political persuasion, health, sexual life, trade union membership, criminal convictions and/or personal details about unlawful or disruptive behaviour.
The personal details we compile about you are stored in a secured database. If we use RiseSmart Technology (Spotlight - outplacement/career services), all your personal details and other information of or about you will be compiled in a separate database and your data may be filed on servers hosted in the United States or in other countries. The RiseSmart consultants and coaches and those responsible for RiseSmart Technology have access to your online profile on Spotlight. They can determine needs and action points here, and can, if you are looking for work, post job vacancies on your profile from any office or work location.
E. Who do we share your personal details with?
Only if necessary for the execution of the RiseSmart service you have chosen or accepted, the realisation of objectives mentioned under point C, observing the statutory requirement (of RiseSmart or of a third party) or the protection of a justified interest (of RiseSmart or of a third party) can RiseSmart transfer some of your personal details:
- to other partnerships of the Randstad group in Belgium RiseSmart belongs to, such as, among others, Randstad Group Belgium nv, for among others:
- range of supporting activities as part guidance towards finding work/professional development (workshops, job offer, etc.);
- intragroup service (administrative tasks such as invoicing, IT services, etc.);
- inspection and complaints management (legal services)
- to the holding company of Randstad, or other partnerships in the Randstad group for among others:
- management information;
- internal audits;
- internal services;
- to customers (e.g. VDAB, Actiris, Forem for employability or National Employment Office for outplacement voucher) or to RiseSmart (your previous, current or potential employer or the employment unit of your previous employer and sector funds), for among others:
- all compulsory or necessary reports as part of the agreed service and only if this is compulsory or has to be nominative;
- results of competence and assessments services or career services that are also discussed with you;
- invoicing the service;
- audits or inspections at customers;
- to suppliers of RiseSmart, for among others:
- providing services or carrying out tasks and orders on behalf and at the expense of RiseSmart (e.g. IT providers, cloud providers, research bureaus, entrance security access, submitting subsidy dossiers, etc.);
- providing services to RiseSmart as part of the services (e.g. accident insurance for outplacement);
- to our auditors, audit and certification agencies, for among others:
- audit of our annual accounts;
- obtaining and preserving certain certificates;
- audit of subsidy dossiers (e.g. European Social Fund);
- to (the audit firm or research bureau of) Federgon (professional organisations of the HR service providers), for among others:
- obtaining and preserving the Federgon quality label;
- scientific research;
- satisfaction surveys;
- statistical purposes;
- to various public bodies, such as, among others:
- federal and regional inspection services;
- accreditation bodies;
- to all other third parties we are obliged to by law, court order or decree.
RiseSmart will not sell, lease or make your personal details available for commercial purposes to third parties, unless you have given prior consent.
As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your personal details and other information may be part of the transferred assets.
If our suppliers process your personal details for RiseSmart, they act as processors as laid down in the GDPR. We conclude a processing agreement with these processors and do everything in our power to ensure that they sufficiently protect your personal details.
Your personal details can in certain cases be passed on outside Belgium and the European Union. RiseSmart takes the necessary contractual and technical security measures to ensure that all personal details passed on are adequately protected against loss or unlawful processing.
Your personal details can in certain cases be passed on outside Belgium and the European Union. RiseSmart takes the necessary contractual and technical security measures to ensure that all personal details passed on are adequately protected against loss or unlawful processing.
For instance, RiseSmart can use RiseSmart Technology to support the service and to register your personal details. RiseSmart Technology is provided by RiseSmart Inc., our RiseSmart entity in the US, and is supported by RiseSmart HR Services Pvt. Ltd. in India. Customers and other RiseSmart entities and subcontractors can also be situated outside Belgium. RiseSmart has taken the necessary measures to guarantee that the personal details passed on are adequately protected against loss or unlawful processing.
For further questions about this, contact the Data Protection Officer (see further).
F. How long do we keep your personal details?
We guarantee that we do not keep your data for longer than necessary.
Retention periods depend on the objectives for which we process your data, the service you enjoy and the applicable laws or regulatory stipulations and limitation periods.
We generally keep your data and your dossier for four years from the start of our service. This period enables respecting the return guarantee for outplacement without problems (depending on the duration of the programme offered) or facilitating a possible continuation of a previously taken programme (e.g. career focus, career services, employability).
For competence & assessment services the retention period is two years, equalling the maximum validity of the results/reports of such assessments. This is also done to be able to facilitate a possible later discussion.
After the active retention periods of four and two years for the consultants in our office, your data and your dossier will only be archived centrally and passively (including removal of data that is no longer essential) for the time required for statutory retention periods, dispute management and statistical, audit and control purposes.
G. Security measures?
RiseSmart does everything in its power to optimally protect your personal details against unlawful use. We do this on the basis of physical, administrative and technological measures.
For example: only authorised persons get access to our offices and our systems, and access is limited to the systems they require for professional purposes. These people must know our internal policy on privacy and data protection and be able to apply it correctly. If and insofar as data is provided to third parties, RiseSmart agrees with these third parties that they will also optimally protect the personal details.
H. What are your rights?
RiseSmart processes your personal details in accordance with the stipulations of this privacy statement. As an involved party you have a number of rights you can exert at any time.
You can exert the following rights:
- Right to object
You can object to the processing of your personal details. You can only do this against processing based on the justified interests of RiseSmart or of a third party (see higher in point C). In the exertion of this right you will have to submit the form indicating which processing you oppose and for which specific reasons. This is necessary in order to be able to make a correct balance of interest. - Right of access
You can ask for a decisive answer about whether or not to process your personal details.
If this is the case, you can request the following information: the reasons for processing, the categories of your personal details that we file, the categories of the recipients (third countries or international organisations), the filing periods or the criteria to determine these, your other rights, number of sources of origin of your data and the existence of automated decision-making. When providing this information we must always take account of the rights and freedoms of others.
If you have an online profile in Spotlight (outplacement/career services), then you can automatically view a large part of the personal details registered about (and by) you. - Right to rectification (improvement and addition)
You can request the rectification of all incorrect or incomplete (personal) details. In the exertion of this right you will have to indicate in the form which data you want to rectify or complete.
If you have an online profile in Spotlight (outplacement/career services) then you can, without any intervention from Randstad, adapt and complete a large part of your personal details yourself.
Incorrect objective personal details (e.g. incorrect spelling of your name, wrong telephone number, etc.) are always rectified as requested. Subjective personal details you believe are incorrect (e.g. negative evaluation, unfavourable assessment results, etc.) are only adapted if we agree with you. If not, then we will not adapt these personal details, but will note your possible additional statements about this. - Right to data portability
You have the right to transfer the personal details you have submitted to RiseSmart yourself in electronic form to yourself (via the e-mail address you give on your application form) or to a person with processing responsibility you indicated (via his e-mail address you give on your application form). - Right to erasure (right to be forgotten)
In the cases provided by the GDPR, we will proceed to the removal of your data at your request.
However, you cannot exercise this right as long as you still use the services of RiseSmart. - Right to restriction of processing
You have the right to obtain restriction of processing of your personal details if:- You contest the correctness of your personal details (for the duration of the checking by RiseSmart).
- The processing of your personal details by RiseSmart would be unlawful, but you don’t want to invoke your right to erase data.
- We no longer need your personal details for the purposes included in this privacy statement (point C), but you do need them for instituting, executing or substantiating a legal procedure.
- You made an objection against the processing of some of your personal details (for the duration of the balance of interest).
You can in principle exert your rights free of charge. You can do this by making use of the form we make available for this on our website www.risesmart.be.
You can download this form yourself or ask your consultant at a RiseSmart office.
You can download this form yourself or ask your consultant at a RiseSmart office.
On the form you can find further instructions for filling in and sending your request.
You must always send along a copy of your identity card so we can be certain of the applicant’s identity. Without this copy your request will not be treated.
We will inform you in writing about what we are doing with your request a month after receipt of your completely filled in and properly sent form at the latest.
Depending on how difficult your request is or the number of requests we get from other people, this period may be extended by two months. In this case we will inform you about this extension within a month after receipt of your form.
In some cases (e.g. legal obligations, rights of others, periods of limitation, etc.) you will not be able to or be able to fully exert your rights. You will then get a message about this with the reason why we cannot or can’t fully meet your request.
Depending on how difficult your request is or the number of requests we get from other people, this period may be extended by two months. In this case we will inform you about this extension within a month after receipt of your form.
In some cases (e.g. legal obligations, rights of others, periods of limitation, etc.) you will not be able to or be able to fully exert your rights. You will then get a message about this with the reason why we cannot or can’t fully meet your request.
I. Cookies
On our domain risesmart.be we use cookies and web statistics. We do this to view how visitors use our website. This information helps us improve the site. A cookie is a file stored on your computer. These cookies can be recognised during a future visit to our website. You can read more about this in our Cookie Policy on our website.
J. Questions, remarks, complaints and data leaks
If you have any questions, remarks or complaints about the protection of your personal details by Randstad or about this privacy statement, contact the Randstad Data Protection Officer via privacy@randstadgroup.be.
You also have the right to file a complaint with the Data Protection Authority (DPA) at the following address: Drukpersstraat 35, 1000 Brussels.
If you know about a data leak, or you assume a data leak, please immediately pass this on to us via information.security@randstadgroup.be.
K. Changes
RiseSmart can for various reasons make improvements, additions or changes to this privacy statement. The most up-to-date version can always be viewed on the Randstad website.
This version was drawn up in February 2019.
This version was drawn up in February 2019.
- These are the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data (Privacy Act) and Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and the free movement of this data (GDPR).
Effective April 10th 2019 to April 10th 2019
DownloadTable of Contents
(outplacement, career services, career focus, employability, competence & assessment services)
At RiseSmart we attach great importance to protecting the personal privacy of all people whose data we compile. We treat and protect this data with the utmost care, in accordance with the applicable laws in Belgium[1].
We do everything to protect the data supplied to us against loss, destruction, publication, unauthorised access or improper use.
We do everything to protect the data supplied to us against loss, destruction, publication, unauthorised access or improper use.
In this privacy statement we explain who we are and why we require your personal data, which data we compile, how and for how long we process it, who we can pass it on to, what your rights are and how you can exert them.
This privacy statement is intended for you if:
- you are following an outplacement programme at RiseSmart (outplacement), after you have accepted an outplacement offer at (the employment unit of) your previous employer or after you have requested outplacement with an outplacement voucher of the National Employment Office;
- you are following coaching training at RiseSmart (career services) at your own initiative or in consultation with your employer;
- you are taking career guidance at RiseSmart (career focus) at your own initiative, at your own expense or subsidised via career vouchers of the VDAB;
- you are taking process guidance at RiseSmart (employability) via the VDAB, Actiris or Forem;
- you are taking part in an assessment or development centre, testing and potential assessment (competence and assessment services) at RiseSmart, in consultation with your current or potential employer.
A. Who we are
RiseSmart, a division of Randstad Professionals nv, situated in Access Building, Keizer Karellaan, 586 bus 8, 1082 Brussels, is responsible for the processing of your personal details (Controller in the sense of the GDPR).
When you take process guidance (employability) or career guidance (career focus) at RiseSmart, RiseSmart does this for the VDAB, Actiris or Forem. In this case, these regional employment-finding services are responsible for processing and RiseSmart is the processor of your personal details in the sense of the GDPR.
B. When do we compile your personal details?
We compile your details as soon as you fill these in yourself or leave them on our website or on one of our IT applications/tools we make available to you (outplacement/career services: Hubble, Spotlight), if you register at one of our RiseSmart offices or if you register in a different way (e.g. information session in case of collective dismissal, etc.) to make use of one of our services.
We also compile your data as soon as your previous, current or potential employer registers you with us in execution of a RiseSmart service offered to and accepted by you (outplacement, career services and competence & assessment services).
Finally, we also compile your data if you have given the VDAB permission as a job seeker to send us your data as part of the realisation of process guidance (employability) or subsidised career guidance (career focus) by RiseSmart. The same happens when entering into a process guidance agreement between you, Actiris or Forem and RiseSmart.
To summarise, we compile your data in the run-up to and the preparation of the execution of one of the services of RiseSmart you have committed to directly or indirectly.
C. Why do we need your personal details?
We compile your personal details for the objectives mentioned below and will not use this data for other purposes without informing you in advance and, if necessary, asking your permission.
We use your personal details for concluding and realising the service agreement in question which we entered into with you, with your previous, current or potential employer and/or with a regional employment service (VDAB, Actiris or Forem). This comprises the following services: outplacement, career services, career focus, employability or competence & assessment services.
More specifically, we use your personal details to, depending on the agreed service and, when applicable,
- enter into a service agreement with you and/or with your previous, current or potential employer or regional employment service, carry this out professionally and do the relevant administration;
- provide the service agreed with you and/or with your previous, current or potential employer or regional employment service, including, but not limited to, determining the exact content and scope of the service;
- be able to make you offers and/or provide information about the agreed service and other activities and be able to align them better to your wishes and competencies. This is done by our consultants and can be partly automated. This can include services such as psychological guidance, application training, job leads, training courses or workshops, help with writing your CV and/or other agreed forms of support;
- evaluate and/or strengthen your competencies and improve them in the long term, discover your development potential and guide you, determine your profile and assess your suitability and availability as part of job placement towards getting temporary or permanent work, or to finding any other type of work. Here we can make use of, among others, results of tests we let you take (personality tests, language tests, assessments, etc.) and of (online) reference checks we only carry out with your explicit consent at the people and/or companies you listed. We may also ask you to provide more information about yourself on a voluntary basis to be able to get the maximum result from our services;
- promote your personal development and usability by offering, among others, (short) courses, guidance, workshops, etc., at RiseSmart or one of the companies of Randstad or a third party (e.g. Cevora);
- in execution of the service, provide the statutory or agreed reports, results and information to you, your previous, current or potential employer or employment unit, regional job placement services or sector funds;
- invoice the RiseSmart service, draw up subsidy files and request subsidies (e.g. European Social Fund, Social Intervention Fund, etc.);
- Meet certain quality objectives, such as obtaining and keeping certain certificates or quality labels.
- Monitor and measure the quality of our services. To this end we ourselves, or a third party we have commissioned to do so, may ask you to take part in surveys and use the obtained information and process it to improve the quality of our services.
- Meet management objectives, including providing management information, carrying out internal checks to prevent fraud and to carry out (internal/external) audits and accounting audits.
- Be able to provide statistical information for studies of interest to RiseSmart or our sector federation Federgon (professional organisations of HR service providers). In this case, we use aggregated personal data, whereby you are not individually identifiable in the results that are made public by RiseSmart or shared with third parties.
- Guarantee company safety. To this end we may, for instance, check your identity when accessing one of our offices. We can also check the activities in our systems to prevent misuse of the information of our databases and to protect our interests and those of all people included in our databases.
- Comply with legal obligations and to be able to demonstrate them;
- Allow you to exert your rights (also see point H) and to indicate later on why we acted upon these rights.
- enable you to use RiseSmart Technology (Spotlight and all related software) if wanted
We use and process your personal details, depending on the type of processing, on the basis of:
- our (pre)contractual relation with you and/or with your (previous) employer or regional employment service:
if we conclude a service agreement directly with you (e.g. career focus), we require several details to be able to prepare, draw up and then properly carry out this agreement.
This is also the case if you aren’t a direct party in a service agreement of RiseSmart, but you are the “third-party beneficiary” of this service, and you agreed with the service offered at your previous, current or potential employer (e.g. outplacement, career services, competence & assessment services).
If you don’t want your personal details to be processed in this framework, we cannot enter into service with you or implement it (further). - the task being assigned to RiseSmart by VDAB, Forem and Actiris (employability and career focus):
if you give permission to VDAB, Actiris or Forem to give RiseSmart access to your personal details, we will compile this data and use it for VDAB, Actiris or Forem. The result is that RiseSmart doesn’t act as the company responsible for processing your personal details (Controller) and that you will have to initially address VDAB, Actiris or Forem with any questions you have regarding your personal details. - the statutory obligations related to the execution of the service: our service is subject to numerous statutory obligations (e.g. outplacement, career focus, employability). We have to have all information required to meet these duties or to be able to indicate in case of an inspection that we met our duties on time and for the full duration of these duties.
the legitimate interest of RiseSmart or of a third party:
if necessary, we use your data to meet legitimate interests of RiseSmart or of third parties. This can, for instance, happen for access control or internal control and audits to guarantee the safety and continuity of our systems and companies. This legitimate interest also applies if we have to file your data as part of initiating, exerting or substantiating possible legal actions.
D. Which of your personal details do we process
We process the personal details that are required for our service. Some of these details (e.g. identity, and contact details) are obligatory to be able to make use of our services. Additional data may be necessary or desirable in order to better align our service to your wishes and qualities or to meet more specific requests of customers (e.g. VDAB, Actiris, Forem for employability or the National Employment Office for outplacement vouchers) or RiseSmart customers (your previous, current or potential employer or the employment unit of your previous employer). If you choose to send us your data, we may use and share this data with third parties (also see point E) in the framework of carrying out the service you requested or accepted.
You are responsible for the accuracy and relevance of the data you supply us with. It is advisable to pass on any changes in your personal details to us as soon as possible, either online via your profile in Spotlight (outplacement/career services), or to your consultant in your RiseSmart office.
Customers can involve RiseSmart via a service agreement for assistance in the search for work for previous employees, for determining and guiding the development potential or for evaluating and/or reinforcing the competencies of current and future employees. As part of this service agreement, the customer provides RiseSmart with a list of people who are eligible for the service in question.
If you are eligible for this, your name, recent job, private address, phone number, e-mail address, department or business unit and other relevant personal details may be included on this list.
If you are eligible for this, your name, recent job, private address, phone number, e-mail address, department or business unit and other relevant personal details may be included on this list.
If you register with RiseSmart as a participant, or if you are registered by third parties (e.g. your employer), you or this third party must share all relevant (documents with) personal details with us.
Depending on the service you requested or accepted, this can concern, among others, the following personal details:
- name, address, e-mail address, phone number and other contact details;
- date of birth, age and gender;
- passport photo and video (introduction) – on a voluntary basis;
- curriculum vitae (CV), detailed information about current and previous jobs, current and previous employers, information about diplomas, language skills, job placement, work experience, etc.;
- data, including results, about training courses and/or tests/assessments you have taken yourself or via RiseSmart;
- your objectives/action plan in the area of coaching, competency and/or career development;
- your current or previous wage and expectations of future wage, work to be carried out, sector, employer, working hours, etc.;
- your professional social media profile and other relevant profiles of your network;
- other data that is or may be of interest as part of the assessment of your suitability, such as references and certificates;
- evaluations of your knowledge, skills, attitude, etc.;
- information about the status, progress and milestones in your search for a job;
- results of assessments and competence or career services;
- report of your consultant, coach, etc. as a result of interviews, talks, coaching sessions, etc.;
- compulsory reports for our customers (e.g. VDAB, Actiris, Forem for employability or the National Employment Office for outplacement vouchers, your previous, current or potential employer or the employment unit of your previous employer);
- information about customer satisfaction or other feedback about our service.
- username, Spotlight profile password
We do not register any particular personal details, except for when this is necessary to meet certain legal obligations and insofar as permission has been given for this, or if this is otherwise allowed under or pursuant to the law. ‘Particular personal details’ in this context means race, religion, political persuasion, health, sexual life, trade union membership, criminal convictions and/or personal details about unlawful or disruptive behaviour.
The personal details we compile about you are stored in a secured database. If we use RiseSmart Technology (Spotlight - outplacement/career services), all your personal details and other information of or about you will be compiled in a separate database and your data may be filed on servers hosted in the United States or in other countries. The RiseSmart consultants and coaches and those responsible for RiseSmart Technology have access to your online profile on Spotlight. They can determine needs and action points here, and can, if you are looking for work, post job vacancies on your profile from any office or work location.
E. Who do we share your personal details with?
Only if necessary for the execution of the RiseSmart service you have chosen or accepted, the realisation of objectives mentioned under point C, observing the statutory requirement (of RiseSmart or of a third party) or the protection of a justified interest (of RiseSmart or of a third party) can RiseSmart transfer some of your personal details:
- to other partnerships of the Randstad group in Belgium RiseSmart belongs to, such as, among others, Randstad Group Belgium nv, for among others:
- range of supporting activities as part guidance towards finding work/professional development (workshops, job offer, etc.);
- intragroup service (administrative tasks such as invoicing, IT services, etc.);
- inspection and complaints management (legal services)
- to the holding company of Randstad, or other partnerships in the Randstad group for among others:
- management information;
- internal audits;
- internal services;
- to customers (e.g. VDAB, Actiris, Forem for employability or National Employment Office for outplacement voucher) or to RiseSmart (your previous, current or potential employer or the employment unit of your previous employer and sector funds), for among others:
- all compulsory or necessary reports as part of the agreed service and only if this is compulsory or has to be nominative;
- results of competence and assessments services or career services that are also discussed with you;
- invoicing the service;
- audits or inspections at customers;
- to suppliers of RiseSmart, for among others:
- providing services or carrying out tasks and orders on behalf and at the expense of RiseSmart (e.g. IT providers, cloud providers, research bureaus, entrance security access, submitting subsidy dossiers, etc.);
- providing services to RiseSmart as part of the services (e.g. accident insurance for outplacement);
- to our auditors, audit and certification agencies, for among others:
- audit of our annual accounts;
- obtaining and preserving certain certificates;
- audit of subsidy dossiers (e.g. European Social Fund);
- to (the audit firm or research bureau of) Federgon (professional organisations of the HR service providers), for among others:
- obtaining and preserving the Federgon quality label;
- scientific research;
- satisfaction surveys;
- statistical purposes;
- to various public bodies, such as, among others:
- federal and regional inspection services;
- accreditation bodies;
- to all other third parties we are obliged to by law, court order or decree.
RiseSmart will not sell, lease or make your personal details available for commercial purposes to third parties, unless you have given prior consent.
As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your personal details and other information may be part of the transferred assets.
If our suppliers process your personal details for RiseSmart, they act as processors as laid down in the GDPR. We conclude a processing agreement with these processors and do everything in our power to ensure that they sufficiently protect your personal details.
Your personal details can in certain cases be passed on outside Belgium and the European Union. RiseSmart takes the necessary contractual and technical security measures to ensure that all personal details passed on are adequately protected against loss or unlawful processing.
Your personal details can in certain cases be passed on outside Belgium and the European Union. RiseSmart takes the necessary contractual and technical security measures to ensure that all personal details passed on are adequately protected against loss or unlawful processing.
For instance, RiseSmart can use RiseSmart Technology to support the service and to register your personal details. RiseSmart Technology is provided by RiseSmart Inc., our RiseSmart entity in the US, and is supported by RiseSmart HR Services Pvt. Ltd. in India. Customers and other RiseSmart entities and subcontractors can also be situated outside Belgium. RiseSmart has taken the necessary measures to guarantee that the personal details passed on are adequately protected against loss or unlawful processing.
For further questions about this, contact the Data Protection Officer (see further).
F. How long do we keep your personal details?
We guarantee that we do not keep your data for longer than necessary.
Retention periods depend on the objectives for which we process your data, the service you enjoy and the applicable laws or regulatory stipulations and limitation periods.
We generally keep your data and your dossier for four years from the start of our service. This period enables respecting the return guarantee for outplacement without problems (depending on the duration of the programme offered) or facilitating a possible continuation of a previously taken programme (e.g. career focus, career services, employability).
For competence & assessment services the retention period is two years, equalling the maximum validity of the results/reports of such assessments. This is also done to be able to facilitate a possible later discussion.
After the active retention periods of four and two years for the consultants in our office, your data and your dossier will only be archived centrally and passively (including removal of data that is no longer essential) for the time required for statutory retention periods, dispute management and statistical, audit and control purposes.
G. Security measures?
RiseSmart does everything in its power to optimally protect your personal details against unlawful use. We do this on the basis of physical, administrative and technological measures.
For example: only authorised persons get access to our offices and our systems, and access is limited to the systems they require for professional purposes. These people must know our internal policy on privacy and data protection and be able to apply it correctly. If and insofar as data is provided to third parties, RiseSmart agrees with these third parties that they will also optimally protect the personal details.
H. What are your rights?
RiseSmart processes your personal details in accordance with the stipulations of this privacy statement. As an involved party you have a number of rights you can exert at any time.
You can exert the following rights:
- Right to object
You can object to the processing of your personal details. You can only do this against processing based on the justified interests of RiseSmart or of a third party (see higher in point C). In the exertion of this right you will have to submit the form indicating which processing you oppose and for which specific reasons. This is necessary in order to be able to make a correct balance of interest. - Right of access
You can ask for a decisive answer about whether or not to process your personal details.
If this is the case, you can request the following information: the reasons for processing, the categories of your personal details that we file, the categories of the recipients (third countries or international organisations), the filing periods or the criteria to determine these, your other rights, number of sources of origin of your data and the existence of automated decision-making. When providing this information we must always take account of the rights and freedoms of others.
If you have an online profile in Spotlight (outplacement/career services), then you can automatically view a large part of the personal details registered about (and by) you. - Right to rectification (improvement and addition)
You can request the rectification of all incorrect or incomplete (personal) details. In the exertion of this right you will have to indicate in the form which data you want to rectify or complete.
If you have an online profile in Spotlight (outplacement/career services) then you can, without any intervention from Randstad, adapt and complete a large part of your personal details yourself.
Incorrect objective personal details (e.g. incorrect spelling of your name, wrong telephone number, etc.) are always rectified as requested. Subjective personal details you believe are incorrect (e.g. negative evaluation, unfavourable assessment results, etc.) are only adapted if we agree with you. If not, then we will not adapt these personal details, but will note your possible additional statements about this. - Right to data portability
You have the right to transfer the personal details you have submitted to RiseSmart yourself in electronic form to yourself (via the e-mail address you give on your application form) or to a person with processing responsibility you indicated (via his e-mail address you give on your application form). - Right to erasure (right to be forgotten)
In the cases provided by the GDPR, we will proceed to the removal of your data at your request.
However, you cannot exercise this right as long as you still use the services of RiseSmart. - Right to restriction of processing
You have the right to obtain restriction of processing of your personal details if:- You contest the correctness of your personal details (for the duration of the checking by RiseSmart).
- The processing of your personal details by RiseSmart would be unlawful, but you don’t want to invoke your right to erase data.
- We no longer need your personal details for the purposes included in this privacy statement (point C), but you do need them for instituting, executing or substantiating a legal procedure.
- You made an objection against the processing of some of your personal details (for the duration of the balance of interest).
You can in principle exert your rights free of charge. You can do this by making use of the form we make available for this on our website www.risesmart.be.
You can download this form yourself or ask your consultant at a RiseSmart office.
You can download this form yourself or ask your consultant at a RiseSmart office.
On the form you can find further instructions for filling in and sending your request.
You must always send along a copy of your identity card so we can be certain of the applicant’s identity. Without this copy your request will not be treated.
We will inform you in writing about what we are doing with your request a month after receipt of your completely filled in and properly sent form at the latest.
Depending on how difficult your request is or the number of requests we get from other people, this period may be extended by two months. In this case we will inform you about this extension within a month after receipt of your form.
In some cases (e.g. legal obligations, rights of others, periods of limitation, etc.) you will not be able to or be able to fully exert your rights. You will then get a message about this with the reason why we cannot or can’t fully meet your request.
Depending on how difficult your request is or the number of requests we get from other people, this period may be extended by two months. In this case we will inform you about this extension within a month after receipt of your form.
In some cases (e.g. legal obligations, rights of others, periods of limitation, etc.) you will not be able to or be able to fully exert your rights. You will then get a message about this with the reason why we cannot or can’t fully meet your request.
I. Cookies
On our domain risesmart.be we use cookies and web statistics. We do this to view how visitors use our website. This information helps us improve the site. A cookie is a file stored on your computer. These cookies can be recognised during a future visit to our website. You can read more about this in our Cookie Policy on our website.
J. Questions, remarks, complaints and data leaks
If you have any questions, remarks or complaints about the protection of your personal details by Randstad or about this privacy statement, contact the Randstad Data Protection Officer via privacy@randstadgroup.be.
You also have the right to file a complaint with the Data Protection Authority (DPA) at the following address: Drukpersstraat 35, 1000 Brussels.
If you know about a data leak, or you assume a data leak, please immediately pass this on to us via information.security@randstadgroup.be.
K. Changes
RiseSmart can for various reasons make improvements, additions or changes to this privacy statement. The most up-to-date version can always be viewed on the Randstad website.
This version was drawn up in February 2019.
This version was drawn up in February 2019.
- These are the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data (Privacy Act) and Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and the free movement of this data (GDPR). ↑
Effective June 20th 2017 to April 10th 2019
DownloadTable of Contents
PRIVACY STATEMENT RISESMART
If we process your personal data, we will use this information in accordance with our Privacy Statement.
RiseSmart is convinced that the privacy of its participants and candidates and its other relations and visitors to the website is of essential importance. Personal details of you are therefore handled and secured with the greatest possible care, in accordance with the relevant requirements of the applicable data protection legislation.
Who we are ?
RiseSmart, division of Randstad Professionals/Belgium nv, with registered office at Access Building, Avenue Charles Quint, 586 (bte 8), 1082 Brussel (hereinafter referred to as: RS), is the controller of the personal data it processes (‘controller’ within the meaning of the applicable data protection legislation).
RS provides outplacement services, career management services, assessment & competence services and employability services. These RS services (hereinafter referred to as: the Service) we provide to you and our clients, both in person as well as through our website, and is subject to our Terms of Services (see the Site) and this Privacy Statement. For the Service we may make use of our RiseSmart Technology.
The Service includes (a) the website, (b) RS outplacement, career management services, assessment & competence services and employability services, related RiseSmart Technology and other related services (including file management and analytics services), and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to the Terms of Service and this Privacy Statement.
RS makes use of cookies and web statistics. We do this in order to see how visitors use our website. This information helps us to improve the site. A cookie is a file that is saved on your computer. On your next visit to our website, these cookies can be recognized. You can read more about this in our Cookie Statement.
Like many other websites, our website automatically collects certain data on the users of the website, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time of access to the website, the internet address from which you were directly linked through to our website, the control system that you use, the parts of the website that you visit, the pages of the website that you have visited and the information that you viewed, information on the types of appliance that you used for your visit to the site, your geographical location and the material that you send to or download from the website. This technical information is used for the management of the website and the system controller, and to improve the website and its use. These technical data may be passed on to third parties and may be stored for future use.
This Privacy Statement applies only to the Service. The Service may contain links to other websites not operated or controlled by RS. The policies and procedures we described here do not apply to these other websites. The links from the Service do not imply that we endorse or have reviewed the other websites. We suggest contacting those sites directly for information on their privacy policies.
When do we collect your personal data?
We collect your data from the moment at which you enter or leave your data on our website, when you register as a participant/candidate with RS or when your data is shared with us by a Company Client (your current or former employer) as part of our agreement with such Client Company in relation to the Service.
Why do we collect your personal data?
We collect and process your data for the performance of our Service to you and our (Company) Clients.
More specifically, your personal data are processed in order to be able to:
- provide our Service to you, including without limitation to determine what particular assistance you want from the Service
- make offers to you and/or to provide you with information on the Service and other activities and in order to be able to coordinate these more closely with your requirements and qualities. This is done by our employees and is partially automated and may include providing job leads, job search training, résumé-writing assistance and/or other assistance
- promote your personal development and employability, including training, education and tests
- assess your suitability and availability in connection with placement in permanent or fixed-term jobs or an assignment, in which case test results, questionnaires, counseling sessions, discussions, reference checks, exchange of email and other channels etc. may also be used
- assist a Company Client in outplacement, career management services and assessment competence services for its current and/or its former employees through the Service
- record an assignment in a contract with the client and to manage and comply the contract with the client
- contact you for commercial offers, newsletters and promotional campaigns that could be of interest to you, solely if you have registered for this (opt-in)
- organise events for you, solely if you have registered for this (opt-in)
- for management purposes including management information, organizing internal compliance and control, business security, occupational health & safety, performing audits and data analysis and general auditing
- quality objectives such as certification
- improve the content and functionality of the Service, better understand RS users and improve the Service
- apply for subsidies, premium discounts etc.
Which personal data do we collect on you?
We collect and process the personal data necessary for our Service; some of these data are mandatory in order for you to be able to use our Service. Additional data may be desirable in order to be able to match the Service more closely to your requirements and qualities or to meet more specific Company Client requests or obligations. You yourself are responsible for the accuracy and relevance of the data that you provide to RS.
Clients of RS (Company Clients) may engage RS to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, RS receives from the Company Client a list of persons eligible for the Service. If you are eligible, the Company Client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
When you register with RS as a Participant, you will share relevant (documents with) personal data with us, including the following:
On registration and in the course of the Service:
- name and address details, e-mail address and other contact information
- date of birth, age and gender
- curriculum vitae (CV), recent job titles, current and past employers, information on education and training, placements, work experience, language skills, employment objectives, compensation expectations, interests
- your professional social media profile and relevant profiles of your network
- information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us
- data on availability and leave
- other data that are or could be important in relation to the assessment of your suitability, such as references and certificates
- passport photograph and video (introduction) - on a voluntary basis
- information on your milestone progress and status in job searching
- information on your customer satisfaction or other feedback about the job search and the Service
RS records sensitive personal data only if this is necessary in order to comply with its legal obligations, in as far as consent has been granted, e.g. because you volunteered this data in your cv or profile, or if this is otherwise permitted by or pursuant to the law. ‘Sensitive personal data’ refers to details about a person's race, religion, convictions, political opinions, health, sexual life, trade union membership, criminal history and/or personal data regarding unlawful behavior or harassment.
For your personal web account that you may establish on the Service, RS may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Aggregated Data
In an ongoing effort to better understand and serve the users of the Service, RS often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RS. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RS may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RS may also disclose aggregated user statistics in order to describe RS’ services to current and prospective business partners, and to other third parties for other lawful purposes.
How do we collect your data
RS may receive or enter all of your Personal Data or other information in digital form as well as through our interactions with you. RS may combine all Personal Data and other information from or about you into a database record.
When RiseSmart Technology is being used, all Personal Data and other information from or about you may be combined into a single proprietary database record and may be stored on servers hosted in the United States or in other countries. RS’ personnel or personnel responsible for the RiseSmart Technology may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
In pursuit of current accuracy of your Personal Data and other information on file, RS may prompt and require you to review a summary of your Personal Data and other information in your account if available, and confirm or correct the information. RS takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RS via e-mail or any other transmission method. Please keep this in mind when disclosing any Personal Data or other information to RS via the Internet.
With whom may we share your personal data (participants, candidates)
RS may pass on your personal data to other RS entities, its Company Clients, clients, sub-contractors (e.g. data processors) who perform services or execute assignments on its behalf, suppliers, government agencies and other business relations and in all other cases in which we may be obliged to do so, for example by a court order or court decision.
Personal data are provided on the basis of a legitimate interest, legal obligation and/or to execute the contract in compliance with the objectives listed in “Why do we collect your personal data?”, to the extent necessary or useful for them to perform their specific function.
RS may make use of RiseSmart Technology to support the Service and to register your personal data. RiseSmart Technology is provided by RiseSmart, Inc. our RiseSmart entity in the US and supported by RiseSmart HR Services Pvt. Ltd. in India. Also Company Clients and other Randstad entities and sub-contractors may be located outside of Belgium. Your personal data may therefore be transferred outside Belgium.RS has taken the necessary measures to ensure that the personal data transferred are adequately protected against loss or unlawful processing.
As RS develops its business, RS might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
For how long do we retain your personal data?
The retention periods that we apply depend on the applicable statutory terms for retaining data.
Participants
Your placement data (CV, work experience, education, test results etc.) are available for 2 years after the last contact.
If you no longer wish to make use of our Service and, where relevant, this is allowed under your agreement with the Company Client, you can unsubscribe via your contact person.
(contact details of employees of clients, prospects, suppliers, consultants, referees and any other organization with which we maintain a business relationship)
RS processes the personal data of relevant persons working for companies with which we do business in order to (1) make offers for and/or provide information on our services and other activities, and (2) to request and review offers and information for services and products to RS and (3) maintain a business relationship and (4) contract and maintain an order agreement.
We process personal data of business relations, including:
- names, contact details and positions of contact persons.
RS may pass on personal data obtained from its business relations if this is necessary in order to realize the objectives of the business relation or for the purpose of placement/assignment. These data may be transferred to other Randstad entities, to applicants or candidates, business partners and subcontractors (e.g. data processors) who provide services on RS’ behalf, and in all other cases in which RS may be required to do so, for example by a court order or court decision. Personal data may be transferred to other countries. RS has taken the necessary measures to ensure that all personal data transferred are adequately protected against loss or unlawful processing.
Your rights
You have the right to access and/or correct your personal data.
For Participants, employees and business relations:
If you have your own account RiseSmart, you can access a large part of the personal data recorded about you. You can change a number of data yourself at any time, for example by making changes to your CV or your account details.
If you wish to access all personal data processed and/or to correct, change or delete your data that you cannot alter yourself, please contact your contact person at RS.
For other relations:
You have the right to view and change your personal data records. You can contact your contact person at RS for that purpose.
Security
RS will secure and protect your personal data against loss or unlawful use. We do this on the basis of physical, administrative, organizational and technical security measures.
For example: authorized access to the data only. If and in as far as data are provided to data processors that provide services or execute assignments on its behalf, RS has also agreed with them that they will secure personal data as effectively as possible.
Contact; Questions, comments, complaints or (suspected) data leaks
If you have any questions, comments or complaints about RS’ protection of your personal data, please contact us in writing or by e-mail at the usual address.
We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service. Please use your account to keep your Personal Data accurate, current and complete. In the event you have issues or questions related to this Privacy Statement or related privacy matters, you may contact RS’ privacy officer at the following address: information.security@randstadgroup.be.
In the case of a (suspected) data leak, please report this immediately via this e-mail address : information.security@randstadgroup.be
Changes
This version was drawn up in May 2017.
For various reasons, RS may make changes, additions or alterations to its Privacy Statement at any time. Please review this privacy statement periodically, and especially before you provide any Personal Data. The latest Privacy Statement can be viewed at any time on the RS website. This version was drawn up in May 2017.
Privacy Policy
Effective April 10th 2019
DownloadTable of Contents
Déclaration de protection des données
à l’attention des participants RiseSmart
(outplacement, career services, loopbaanfocus, employability, competence & assessment services)
Chez RiseSmart, nous attachons beaucoup d’importance à la protection de la vie privée de toutes les personnes dont nous collectons les données. Nous traitons et sécurisons ces données avec le plus grand soin, conformément à la législation en vigueur en Belgique.
Nous mettons tout en œuvre pour protéger les données personnelles qui nous sont transmises contre la perte, la destruction, la divulgation publique, l’accès non autorisé ou tout usage abusif.
Nous mettons tout en œuvre pour protéger les données personnelles qui nous sont transmises contre la perte, la destruction, la divulgation publique, l’accès non autorisé ou tout usage abusif.
La présente déclaration de protection des données explique qui nous sommes, à quel moment et pourquoi nous avons besoin de vos données personnelles, quelles sont les données que nous récoltons, de quelle manière et pendant combien de temps nous les traitons, à qui nous pouvons les transmettre, quels sont vos droits et de quelle façon vous pouvez les exercer.
Cette déclaration de protection des données vous est destinée lorsque :
- vous suivez un programme d’outplacement chez RiseSmart (outplacement), après que vous ayez accepté une offre d’outplacement chez (la cellule pour l’emploi de) votre ancien employeur ou après que vous ayez vous-même demandé un outplacement avec un chèque outplacement de l’ONEM;
- vous suivez un trajet de coaching chez RiseSmart (career services), de votre propre initiative ou en accord avec votre employeur;
- vous venez en accompagnement de carrière chez RiseSmart (loopbaanfocus) de votre propre initiative, à vos frais ou de manière subsidiée via les chèques carrière du VDAB;
- vous suivez un parcours d’insertion chez RiseSmart (employability) sur demande du VDAB, Actiris, Forem;
- vous participez à un assessment ou development center, testing et évaluation de potentiel chez RiseSmart (competence en assessment services), en accord avec votre employeur actuel ou potentiel.
A. Qui sommes-nous?
RiseSmart, division de Randstad Professionals sa, ayant son siège à Access Building, avenue Charles-Quint, 586 boîte 8 à 1082 Bruxelles, est responsable du traitement de vos données personnelles (Responsable du traitement au sens du RGPD).
Lorsque vous suivez chez RiseSmart un parcours d’insertion (employability) ou un accompagnement de carrière subsidié (loopbaanfocus), RiseSmart le fait pour le compte du VDAB, Actiris ou Forem. Dans ce cas, ces services régionaux de l'emploi sont le Responsable du traitement et RiseSmart est le Sous-traitant de vos données personnelles au sens du RGPD.
B. Quand collectons-nous vos données personnelles?
Nous collectons vos données à partir du moment où vous les complétez ou les laissez sur notre site internet ou sur une de nos applications/outils IT que nous mettons à votre disposition (outplacement/career sevices : Hubble, Spotlight), lorsque vous vous inscrivez dans une de nos agences RiseSmart ou lorsque vous vous enregistrez d’une autre manière (ex. session d’information lors d’un licenciement collectif, …) en vue de faire usage de l’un de nos services.
Nous collectons également vos données dès que vous êtes renseigné auprès de nous par votre employeur précédent, actuel ou potentiel en exécution d’un service de RiseSmart (outplacement, career services et competence & assessment services) qu’il vous a proposé et que vous avez accepté.
Enfin, nous collectons également vos données lorsqu’en tant que demandeur d’emploi, vous avez donné votre consentement au VDAB pour transmettre vos données dans le cadre de l'exécution d’un parcours d’insertion par RiseSmart (employability) ou d’un accompagnement de carrière subsidié (loopbaanfocus). Il en est de même lors de la conclusion d’une convention de parcours d’insertion entre vous, Actiris ou le Forem et RiseSmart.
En résumé, nous collectons vos données en vue de la préparation et l’exécution d’un des services de RiseSmart auquel vous vous êtes directement ou indirectement engagé.
C. Pourquoi avons-nous besoin de vos données personnelles?
Nous collectons vos données personnelles pour les finalités reprises ci-dessous et nous ne les utiliserons pas à d’autres fins sans vous en avoir averti au préalable et, si nécessaire, vous en avoir demandé l’autorisation.
Nous utilisons vos données personnelles pour la conclusion et l'exécution du contrat de prestation de services vous concernant, que nous avons conclu avec vous, avec votre employeur précédent, actuel ou potentiel et/ou avec un service régional de l'emploi (VDAB, Actiris, Forem). Cette prestation de services comprend l'un des services suivants: outplacement, career services, loopbaanfocus, employability ou competence & assessment services.
Plus précisément, nous utilisons vos données personnelles en fonction du service convenu et, le cas échéant, pour:
- conclure un contrat de prestation de services avec vous et/ou avec votre employeur précédent, actuel ou potentiel, ou votre service régional de l'emploi, pour l'exécuter de manière professionnelle et pour effectuer l'administration appropriée à cette fin;
- fournir le service convenu avec vous et/ou votre employeur précédent, actuel ou potentiel ou le service régional de l’emploi, y compris, mais pas seulement, la détermination du contenu exact et de l’étendue du service;
- pouvoir vous faire des offres et/ou fournir des informations sur le service convenu et les autres activités et pouvoir mieux les faires correspondre à vos desiderata et compétences. Ceci est assuré par nos consultants et peut aussi être en partie automatisé. Cela peut comprendre des services comme l’accompagnement psychologique, une formation à l’entretien d’embauche, job leads, formations ou ateliers, aide à la rédaction de votre cv et/ou d’autres formes de soutien;
- évaluer et/ou renforcer vos compétences et les améliorer durablement, découvrir et accompagner votre potentiel de développement, déterminer votre profil et évaluer votre aptitude et votre disponibilité dans le cadre de votre accompagnement vers un travail temporaire ou permanent, ou vers toute autre forme de travail. Pour cela, nous pouvons notamment utiliser les résultats des tests que vous avez passés auprès de nos services (tests de personnalité, tests linguistiques, assessments,...) et procéder à des contrôles de références (en ligne) que nous n’effectuons qu’avec votre consentement exprès auprès des personnes/entreprises que vous avez renseignées. Nous pouvons également vous demander de nous communiquer volontairement de plus amples informations à votre sujet afin d'obtenir le maximum de résultats du service;
- stimuler votre développement personnel et votre employabilité en vous proposant notamment des formations (de courte durée), des accompagnements, des ateliers, etc. chez RiseSmart ou dans l’une des sociétés de Randstad ou auprès d’un autre intervenant (ex. Cefora);
- en exécution du service, fournir les rapports, résultats et informations (légalement) requis ou convenus, à vous, à votre employeur précédent, actuel ou potentiel ou à votre cellule pour l’emploi, aux services régionaux de l’emploi ou aux fonds sectoriels;
- facturer les services de RiseSmart, rédiger des dossiers de subsides et demander des subsides (par exemple, Fonds social européen, Fonds d'intervention social, ...);
- répondre à certains objectifs de qualité, comme l’obtention et la conservation de certains certificats ou labels de qualité;
- monitorer et mesurer la qualité de nos services. À cet effet, nous – ou un tiers désigné par nos soins – pouvons vous demander de participer à des enquêtes puis utiliser et traiter les informations obtenues pour améliorer la qualité de nos services;
- répondre à des objectifs de gestion, notamment la fourniture de gestion des informations, la réalisation de contrôles internes visant à prévenir la fraude et la réalisation d’audits (internes/externes) et de contrôles comptables;
- pouvoir fournir des informations statistiques pour des études représentant un intérêt pour RiseSmart ou pour notre fédération sectorielle Federgon (fédération professionnelle des fournisseurs de services RH). Dans ce cas, nous utilisons des données personnelles agrégées, par lesquelles vous n'êtes pas individuellement identifiable dans les résultats rendus publics par RiseSmart ou partagés avec des tiers;
- garantir la sécurité opérationnelle. À cet effet, nous pouvons notamment contrôler votre identité lorsque vous accédez à l’une de nos agences. Nous pouvons également contrôler les activités dans nos systèmes afin de prévenir toute utilisation abusive des informations reprises dans nos bases de données et ainsi protéger nos intérêts et ceux de toutes les personnes figurant dans nos bases de données;
- respecter nos obligations légales et être en mesure de les démontrer;
- vous permettre d’exercer vos droits (cf. le point H ci-dessous) et pouvoir démontrer ultérieurement que nous avons donné suite à ces mêmes droits.
- Mettre à disposition la technologie RiseSmart (Spotlight ainsi que tous les logiciels liés) et vous permettre d’en bénéficier si vous le souhaitez
En fonction du type de traitement appliqué, nous utilisons et traitons vos données personnelles sur la base de:
- notre relation (pré)contractuelle avec vous et/ou avec votre (ancien) employeur ou service régional de l’emploi:
Lorsque nous concluons directement avec vous un contrat de prestation de services (ex. loopbaanfocus), nous avons besoin d’un certain nombre de données pour pouvoir préparer, établir et exécuter ensuite correctement ce contrat.
C’est également le cas lorsque vous n’êtes pas vous-même une partie directe à un contrat de prestation de services de RiseSmart, mais que par celui-ci vous êtes cependant le “tiers bénéficiaire” de cette prestation de services, et que vous avez marqué votre accord avec le service proposé chez votre employeur précédent, actuel ou potentiel (ex. outplacement, career services, competence & assessment services).
Si vous ne voulez pas que vos données personnelles soient traitées dans ce cadre, il ne nous est pas possible de commencer la prestation de services ou de (continuer à) l'exécuter. - la mission qui a été confiée à RiseSmart par le VDAB, Forem et Actiris (employability et loopbaanfocus):
lorsque vous autorisez le VDAB, Actiris ou Forem à donner accès à RiseSmart à vos données personnelles, nous collecterons et utiliserons ces données pour le compte du VDAB, Actiris ou Forem. Ceci a pour effet que RiseSmart n’agit pas comme Responsable du traitement de vos données personnelles et que vous devrez dans un premier temps vous adresser au VDAB, Actiris ou Forem pour vos éventuelles questions relatives à vos données personnelles. - les obligations légales liées à l’exécution de nos services:
nos services sont soumis à de nombreuses obligations légales (ex. outplacement, loopbaanfocus, employability). Nous devons disposer à temps et pour toute la durée de ces obligations de toutes les informations nécessaires pour pouvoir satisfaire à ces obligations et pour pouvoir démontrer ultérieurement lors d’un contrôle que nous avons satisfait à nos obligations. - l’intérêt légitime de RiseSmart ou d’une tierce partie : si nécessaire, nous utilisons vos données pour répondre aux intérêts légitimes de RiseSmart ou de tierces parties. Cela peut concerner par exemple les contrôles d’accès ou les contrôles et audits internes réalisés afin de garantir la sécurité et la continuité de nos systèmes et de nos entreprises. Cet intérêt légitime existe également lorsque nous devons conserver vos données pour introduire, exercer ou étayer une éventuelle action en justice.
D. Quelles sont vos données personnelles que nous traitons ?
Nous traitons les données personnelles nécessaires aux services que nous fournissons. Une partie de ces données (p.ex. votre identité et vos coordonnées de contact) est indispensable pour pouvoir recourir à nos services. D’autres données complémentaires ne sont pas obligatoires mais peuvent être souhaitables pour nous permettre de mieux adapter nos services à vos desiderata et à vos qualités ou pour satisfaire à des demandes ou obligations plus spécifiques émanant des donneurs d’ordre (p.ex. VDAB, Actiris, Forem pour employability ou l’Onem pour le chèque outplacement) ou des clients (votre employeur précédent, actuel ou potentiel, ou la cellule pour l’emploi de votre précédent employeur) de RiseSmart. Si vous choisissez de nous communiquer vos données, nous sommes autorisés à les utiliser et à les partager avec des tiers (voir plus loin sous le point E) dans le cadre de l'exécution des services que vous avez demandés ou acceptés.
Vous êtes personnellement responsable de l’exactitude et de la pertinence des données que vous nous communiquez. Vous avez tout intérêt à nous communiquer le plus rapidement possible la moindre modification intervenant au niveau de vos données personnelles, soit en ligne via votre profil sur Spotlight (outplacement/career services), soit en vous adressant à votre consultant dans votre agence RiseSmart.
Les clients peuvent recourir à RiseSmart par le biais d’un contrat de prestation de services pour l’aide à d’anciens travailleurs lors de la recherche d’un emploi, pour la détermination et l’accompagnement du potentiel de développement ou l’évaluation et/ou le renforcement des compétences de travailleurs actuels ou futurs. Dans le cadre de ce contrat de prestation de services, le client transmet à RiseSmart une liste des personnes qui peuvent bénéficier du service concerné.
Si vous entrez en considération, votre nom, fonction récente, adresse privée, numéro de téléphone, adresse e-mail, département ou entité économique, et d’autres données personnelles pertinentes peuvent figurer sur cette liste.
Si vous entrez en considération, votre nom, fonction récente, adresse privée, numéro de téléphone, adresse e-mail, département ou entité économique, et d’autres données personnelles pertinentes peuvent figurer sur cette liste.
Lorsque vous vous inscrivez ou enregistrez comme participant auprès de RiseSmart, ou lorsque vous êtes inscrits par des tiers (ex. votre employeur), vous ou ce tiers partagez avec nous toutes les données personnelles pertinentes ou documents reprenant des données personnelles pertinentes.
Selon le service que vous avez demandé ou accepté, il peut s’agir entre autres des données personnelles suivantes:
- le nom, l’adresse, l’adresse e-mail, le numéro de téléphone et d’autres coordonnées de contact;
- La date de naissance, l’âge et le sexe;
- Une photo d'identité et vidéo (introduction) - sur base volontaire;
- le curriculum vitae (cv), des informations détaillées sur les fonctions précédentes et actuelles, les employeurs actuels et précédents, information sur les diplômes, connaissance des langues, accompagnements, expériences professionnelles, …;
- les données, notamment les résultats, relatives aux trainingen et formations et/ou aux tests/assessments que vous avez suivis ou passés de votre propre initiative ou via RiseSmart;
- vos objectifs/plan d’action en matière de coaching, développement de compétences et/ou de carrière;
- votre ancien salaire ou salaire actuel et vos attentes futures en matière de salaire, de fonctions à exercer, secteur, employeur, temps de travail, …;
- votre profil médias sociaux professionnel et d’autres profils pertinents de votre réseau;
- d’autres données qui (peuvent être) sont importantes dans le cadre de l’évaluation de vos aptitudes, par ex. références et certificats;
- les évaluations de vos connaissances, aptitudes, attitude, etc.;
- les informations sur le statut, le déroulement et les étapes dans votre recherche d’un emploi;
- les résultats des assessments et competence services ou career services;
- les rapports de votre consultant, coach, …, suite aux interviews, entretiens, coachings, …;
- les rapports obligatoires à nos donneurs d’ordre (ex. VDAB, Actiris, Forem pour employability ou l’ONEM en cas de chèque outplacement) ou clients (votre employeur précédent, actuel ou potentiel ou la cellule pour l’emploi de votre ancien employeur);
- les Informations sur votre satisfaction client ou tout autre feedback sur nos services.
- nom d’utilisateur, mot de passe dans le cadre de votre profil Spotlight
RiseSmart n’enregistre pas de données personnelles sensibles, sauf si cela s’avère nécessaire pour satisfaire à certaines obligations légales et pour autant que vous ayez donné votre accord, ou si c’est autrement autorisé par ou en vertu de la loi. Les « données personnelles sensibles » sont les données relatives à la race, aux convictions religieuses ou philosophiques, aux opinions politiques, à la santé, à l’orientation sexuelle, à l’affiliation à une organisation syndicale, au passé criminel d’une personne et/ou les données à caractère personnel relatives aux comportements illégaux ou au harcèlement.
Nous stockons les données personnelles que nous collectons auprès de vous dans une base de données sécurisée. Lorsque nous utilisons la technologie RiseSmart (Spotlight - outplacement/career services), toutes vos données personnelles et autres informations de votre part ou à votre sujet peuvent être rassemblées dans une base de données à part, et stockées sur des serveurs hébergés aux États-Unis ou dans d’autres pays. Les consultants et les coachs de RiseSmart et le personnel responsable de la technologie RiseSmart peuvent accéder à votre compte en ligne sur Spotlight. Ils peuvent déterminer des besoins et points d’action, et si vous cherchez un emploi, poster des postes vacants sur votre profil, depuis toute agence ou lieu de travail.
E. Avec qui partageons-nous vos données personnelles ?
RiseSmart ne peut transmettre certaines de vos données personnelles que si cela s’avère nécessaire pour l’exécution du service de RiseSmart que vous avez choisi ou accepté, la réalisation des objectifs énumérés au point C, le respect d’une obligation légale (incombant à Randstad ou à une tierce partie) ou la défense d’un intérêt légitime (de RiseSmart ou d’une tierce partie); cette transmission peut se faire :
- à d’autres sociétés du groupe Randstad en Belgique auquel RiseSmart appartient, comme e.a. Randstad Group Belgium sa, pour notamment:
- une offre d’activités de soutien dans le cadre de l’accompagnement vers un travail/un développement professionnel (workshops, offre d’emploi, …);
- des services intragroupes (tâches administratives comme la facturation, services IT, …);
- la gestion d’inspections et de plaintes (legal services)
- à la société holding de Randstad (dont RiseSmart fait partie) ou à d’autres sociétés faisant partie du groupe Randstad, notamment pour ce qui a trait entre autres:
- aux informations de management;
- aux audits internes;
- aux services internes;
- aux donneurs d’ordre (ex. VDAB, Actiris, Forem pour employability ou ONEM en cas de chèque outplacement) ou aux clients (votre employeur précédent, actuel ou potentiel ou la cellule pour l’emploi de votre ancien employeur et fonds sectoriels) de RiseSmart, pour entre autres:
- tous les rapports obligatoires ou nécessaires dans le cadre des services convenus et seulement lorsqu’ils doivent obligatoirement être nominatifs;
- les résultats des competence et assessments services ou career services qui sont également discutés avec vous;
- la facturation des services;
- les audits ou inspections chez les clients;
- aux fournisseurs de RiseSmart, notamment pour ce qui a trait :
- à la fourniture de services ou à l’exécution de tâches et de missions au nom et pour le compte de RiseSmart (p.ex. fournisseurs IT, fournisseurs de services dans le cloud, bureaux d’étude, sécurisation d’accès, introduction de dossiers de subvention, ...);
- à la fourniture de services à RiseSmart dans le cadre du service de RiseSmart (p.ex. assurance d’accidents pour l’outplacement);
- à nos réviseurs d’entreprise et nos agences d’audit et de certification, notamment pour ce qui a trait :
- à l’audit de nos comptes annuels;
- à l’obtention et à la conservation de certains certificats;
- à l’audit des dossiers de subvention (p.ex. du Fonds social européen);
- à Federgon (fédération professionnelle des fournisseurs de services RH) (ou à son bureau d’audit ou d’étude), notamment pour ce qui a trait :
- à l’obtention et à la conservation du label de qualité de Federgon;
- aux fins d’études scientifiques;
- aux enquêtes de satisfaction;
- à des fins statistiques;
- à diverses instances officielles, notamment :
- les services d’inspection fédéraux et régionaux
- les organismes d’agrément;
- à tous les autres tiers auxquels nous sommes tenus de les transmettre en vertu de la loi, d’une injonction de justice ou d’un jugement.
Vos données personnelles ne sont ni vendues, ni louées, ni mises à la disposition de tiers à des fins commerciales par RiseSmart, sauf avec votre consentement préalable.
Dans le cadre du développement de ses activités, RiseSmart peut vendre ou acheter des activités ou actifs. En cas de vente, de fusion, de réorganisation, de dissolution ou autre événement similaire, vos données personnelles et autres informations peuvent faire partie des actifs transférés.
Lorsque nos fournisseurs traitent vos données personnelles pour le compte de RiseSmart, ils agissent en tant que sous-traitants au sens défini par le RGPD. Nous concluons un contrat de traitement avec ces sous-traitants et nous mettons tout en œuvre pour que vos données personnelles soient suffisamment sécurisées.
Dans certains cas, vos données personnelles peuvent être transmises hors de Belgique et de l’Union européenne. Dans ce cadre, RiseSmart prend les mesures de protection contractuelles et techniques nécessaires pour s’assurer que toutes les données personnelles transmises soient protégées de façon adéquate contre la perte ou tout usage illicite.
RiseSmart peut utiliser la technologie RiseSmart pour soutenir les services et pour enregistrer vos données à caractère personnel. La technologie RiseSmart est fournie par RiseSmart Inc., notre entité RiseSmart basée aux États-Unis et soutenue par RiseSmart HR Services Pvt. Ltd. en Inde. De même, les Clients et d’autres entités RiseSmart et sous-traitants peuvent être établis hors de la Belgique. RiseSmart a pris les mesures nécessaires pour veiller à ce que vos données personnelles transférées soient correctement protégées contre toute perte ou tout traitement illicite.
Pour toute question à ce sujet, nous vous invitons à prendre contact avec le Data Protection Officer (voir plus loin).
F. Pendant combien de temps conservons-nous vos données personnelles?
Nous garantissons que nous ne conservons pas vos données plus longtemps que nécessaire.
Les délais de conservation dépendent des finalités pour lesquelles nous traitons vos données, des services dont vous bénéficiez ainsi que des dispositions et délais de prescription légaux ou réglementaires applicables.
Nous conservons de manière standard vos données et votre dossier durant 4 ans, à compter du commencement de nos services. Ce délai permet de respecter sans problème la garantie de retour en cas d’outplacement (selon la durée du programme proposé) ou de faciliter une suite éventuelle à un programme déjà suivi (ex. loopbaanfocus, career services, employabiity).
Pour les competence & assessment services, le délai de conservation s’élève à 2 ans, correspondant à la durée de validité maximale des résultats/rapports de tels assessments. Ceci a lieu également pour pouvoir faciliter une éventuelle discussion ultérieure à ce sujet.
Après les délais de conservation actifs de 4 et 2 ans pour les consultants dans nos agences, vos données et votre dossier ne seront encore archivés que de manière centrale et conservés de manière passive (en ce compris la suppression des données qui ne sont désormais plus nécessaires) pour le temps nécessaire en raison de délais de conservation légaux, gestion de conflits, et de finalités statistiques, d’audit et de contrôle.
G. Mesures de sécurité?
RiseSmart met tout en œuvre pour sécuriser vos données personnelles de manière optimale contre toute utilisation illicite. Pour cela, nous recourons à des mesures physiques, administratives et technologiques.
Par exemple, seules les personnes autorisées ont accès à nos agences et à nos systèmes, et cet accès se limite aux seuls systèmes dont elles ont besoin pour des raisons professionnelles. Ces personnes sont tenues de connaître et d’appliquer correctement notre politique interne en matière de respect de la vie privée et de protection des données. Dans la mesure où des données sont communiquées à des tiers, RiseSmart convient avec ces derniers qu’ils sécurisent également de manière optimale ces données personnelles.
H. Quels sont vos droits?
RiseSmart traite vos données personnelles conformément aux dispositions de la présente déclaration de protection des données. En tant que partie concernée, vous disposez d’un certain nombre de droits que vous pouvez exercer à tout moment.
Vous pouvez exercer les droits suivants :
- Droit d’opposition
Vous pouvez vous opposer au traitement de vos données personnelles. Vous ne pouvez cependant le faire qu’envers un traitement effectué sur la base des intérêts légitimes de RiseSmart ou d’un tiers (voir plus haut, au point C). Lors de l’exercice de ce droit, vous devrez indiquer sur le formulaire à quel traitement précis vous vous opposez et pour quelles raisons spécifiques. Ces informations sont nécessaires pour pouvoir effectuer correctement la balance des intérêts en présence. - Droit d’accès
Vous pouvez demander formellement à savoir si vos données personnelles sont traitées ou non. Si tel est le cas, vous êtes en droit de demander les informations suivantes : les objectifs poursuivis par le traitement, les catégories de données personnelles que nous conservons à votre sujet, les catégories de destinataires de ces données (pays tiers ou organisations internationales), les délais de conservation ou les critères servant à déterminer ces derniers, vos autres droits, les autres sources de provenance de vos données et l’existence d’un processus de prise de décision automatisé. Lors de la communication de ces informations, nous sommes toujours dans l’obligation de tenir compte des droits et libertés des autres personnes.
Si vous disposez d’un profil en ligne sur Spotlight (outplacement/career services), vous disposez automatiquement d’un droit de regard sur une grande partie des données personnelles enregistrées à votre sujet (et par vous). - Droit de rectification (correction et complément)
Vous pouvez demander à ce que soient rectifiées ou complétées toutes les données (à caractère personnel) qui, selon vous, sont inexactes ou incomplètes. Lorsque vous exercez ce droit, vous devez indiquer sur le formulaire les données précises que vous voulez voir rectifiées ou complétées.
Si vous disposez d’un profil en ligne sur Spotlight (outplacement/career services), vous pouvez adapter et compléter vous-même la majeure partie de vos données personnelles sans aucune intervention de RiseSmart.
Les données personnelles objectives inexactes (p.ex. une faute d’orthographe dans votre nom, numéro de téléphone incorrect,...) sont toujours rectifiées comme demandé. Les données personnelles subjectives que vous jugez inexactes (p.ex. une évaluation négative, des résultats d’assessment défavorables,...) ne sont adaptées que si nous sommes d’accord avec vous. Si cela n’est pas le cas, nous n’adaptons pas ces données personnelles, mais nous prenons note de vos éventuelles déclarations complémentaires à ce sujet. - Droit de portabilité
Vous avez le droit de demander que les données personnelles que vous avez fournies personnellement à RiseSmart, vous soient transférées par RiseSmart sous une forme électronique (à l’adresse e-mail que vous communiquez sur votre formulaire de demande) ou le soient à un autre responsable du traitement désigné par vos soins (via son adresse e-mail que vous aurez communiquée sur votre formulaire de demande). - Droit à l’effacement des données (droit à l’oubli)
Dans les cas prévus par le RGPD, nous procéderons à votre demande, à la suppression de vos données.
Vous ne pouvez cependant pas exercer ce droit tant que vous recourez aux services de RiseSmart. - Droit à la limitation du traitement
Vous avez le droit de demander la limitation du traitement de vos données personnelles lorsque:- vous contestez l’exactitude de ces données (pendant le temps nécessaire au contrôle par RiseSmart);
- le traitement de vos données personnelles par RiseSmart serait illégitime mais que vous ne souhaitez néanmoins pas exercer votre droit à l’effacement des données;
- nous n’avons plus besoin de vos données personnelles pour les objectifs énumérés dans la présente déclaration de protection des données (point C) mais que vous en avez toujours besoin pour introduire, exercer ou étayer une action en justice;
- vous vous êtes opposé au traitement de certaines de vos données personnelles (pendant le temps nécessaire à la balance des intérêts en présence).
En principe, vous pouvez exercer vos droits gratuitement. Pour ce faire, vous devez utiliser le formulaire que nous mettons à votre disposition notre site internet www.risesmart.be. Vous pouvez le télécharger vous-même ou le demander à votre consultant dans votre agence RiseSmart.
Vous trouverez sur le formulaire de plus amples instructions concernant la façon de compléter et de renvoyer votre demande.
Vous devez toujours joindre une copie de votre carte d’identité afin que nous n’ayons aucun doute sur l’identité du demandeur. À défaut de cette copie, votre demande ne sera pas traitée.
Au plus tard dans le mois qui suit la réception de votre formulaire dûment rempli et renvoyé correctement, nous vous informerons par écrit de la suite que nous avons donnée à votre demande. Selon la difficulté de votre demande ou le nombre de requêtes que nous recevons d’autres personnes, ce délai pourra être prolongé de deux mois. Dans ce cas, nous vous avertirons de cette prolongation dans le mois suivant la réception de votre formulaire.
Dans certains cas (p.ex. obligations légales, droits de tierces personnes, délais de prescription, ...), vous ne pourrez pas exercer vos droits, en tout ou en partie. Vous en serez alors informé ainsi que des raisons pour lesquelles nous ne pouvons satisfaire pleinement à votre demande.
Dans certains cas (p.ex. obligations légales, droits de tierces personnes, délais de prescription, ...), vous ne pourrez pas exercer vos droits, en tout ou en partie. Vous en serez alors informé ainsi que des raisons pour lesquelles nous ne pouvons satisfaire pleinement à votre demande.
I. Cookies
Dans le cadre de notre nom de domaine risesmart.be, nous utilisons des cookies et nous procédons à des relevés de statistiques sur le web afin d’étudier de quelle manière les visiteurs utilisent notre site. Ces informations nous aident à améliorer notre site. Un cookie est un fichier stocké sur votre ordinateur. Lors d’une visite ultérieure sur notre site internet, ces cookies peuvent alors être reconnus. Pour en savoir plus sur notre Politique en matière de Cookies, veuillez consulter notre site internet.
J. Questions, remarques, plaintes et fuites de données
Si vous avez des questions, des remarques ou des plaintes à formuler concernant la protection de vos données personnelles par RiseSmart ou à propos de la présente déclaration de protection des données, veuillez prendre contact avec le Data Protection Officer de Randstad via l’adresse privacy@randstadgroup.be.
Vous disposez également du droit d’introduire une réclamation auprès de l’Autorité de Protection des Données (APD) à l’adresse suivante : rue de la Presse 35 à 1000 Bruxelles.
Si vous avez connaissance de l’existence d’une fuite de données ou si vous en suspectez une, nous vous demandons de nous la signaler immédiatement à l’adresse information.security@randstadgroup.be.
K. Modifications
RiseSmart peut à tout moment apporter, pour différentes raisons, des corrections, des compléments ou des modifications à la présente déclaration de protection des données. La version la plus actuelle peut être consultée en permanence sur le site internet de RiseSmart.
La présente version a été rédigée en février 2019.
- À savoir la loi du 30 juillet 2018 relative à la protection de la vie privée à l’égard des traitements de données à caractère personnel (loi sur la vie privée) et le règlement (UE) 2016/679 du Parlement européen et du Conseil du 27 avril 2016 relatif à la protection des personnes physiques à l’égard du traitement des données personnelles et à la libre circulation de ces données (RGPD). ↑
Effective June 20th 2017 to April 10th 2019
DownloadTable of Contents
PRIVACY STATEMENT RISESMART
Lorsque nous traitons vos données à caractère personnel, nous les utilisons conformément à notre Privacy Statement.
RiseSmart est convaincu que le respect de la vie privée de ses participants et candidats, ainsi que de ses autres relations et des visiteurs de son site Internet revêt une importance cruciale. Vos données à caractère personnel sont dès lors traitées et sécurisées avec le plus grand soin possible, conformément aux exigences de la législation applicable en matière de protection des données.
Qui sommes-nous ?
RiseSmart, une division de Randstad Professionals/Belgium s.a., dont le siège social est établi à l’Access Building, Avenue Charles Quint 586 (bte 8) à 1082 Bruxelles (ci-après dénommée « RS »), est le contrôleur des données à caractère personnel traitées (« contrôleur » au sens de la législation applicable en matière de protection des données).
RS fournit des services d’outplacement, des services de gestion de carrière, des services d’évaluation de compétences, ainsi que des services d’employabilité. Nous vous fournissons ces Services RS (ci-après dénommés « les Services »), ainsi qu’à nos Clients, tant en personne que via notre site Internet. Ces Services sont soumis à nos Conditions d’utilisation des Services et au présent Privacy Statement. Dans le cadre de nos Services, nous sommes susceptibles d’utiliser notre technologie RiseSmart.
Les Services englobent (a) le site Internet, (b) l’outplacement, les services de gestion de carrière, les services d’évaluation de compétences, ainsi que les services d’employabilité, la technologie RiseSmart qui y est associée et d’autres Services apparentés (y compris des services de gestion de fichiers et d’analyse), et (c) tous les logiciels, le matériel, les portails, les recommandations, les possibilités d’emploi, les données, les rapports, les textes, les images, l’audio, les vidéos, les analyses et autres contenus rendus disponibles via l’un des canaux précités. Toute nouvelle fonctionnalité ajoutée aux Services ou les élargissant est également soumise aux Conditions d’utilisation des Services et au présent Privacy Statement.
Informations techniques et cookies
RS utilise des cookies et autres statistiques web, afin de savoir comment les visiteurs utilisent son site Internet. Ces informations nous aident à améliorer le site. Un cookie est un fichier enregistré sur votre ordinateur. Lorsque vous retournez ultérieurement sur notre site Internet, ces cookies peuvent être reconnus. Vous trouverez plus d’informations dans notre Politique relative aux cookies.
Comme bon nombre d’autres sites Internet, notre site web collecte automatiquement certaines données relatives à ses utilisateurs, dont l’adresse de protocole Internet (IP) de votre ordinateur, l’adresse IP de votre fournisseur d’accès à Internet, la date et l’heure de connexion au site Internet, l’adresse Internet depuis laquelle vous avez été directement redirigé vers notre site Internet, le système de contrôle que vous utilisez, les sections du site Internet que vous visitez, les pages du site Internet que vous avez consultées et les informations que vous avez vues, des renseignements relatifs aux types d’appareils que vous avez utilisés pour surfer sur le site, votre emplacement géographique et le matériel que vous avez chargé sur ou téléchargé depuis le site Internet. Ces informations techniques sont utilisées pour la gestion du site Internet et pour le contrôleur de système, ainsi que pour améliorer le site Internet et son utilisation. Ces données techniques peuvent être transmises à des tierces parties et conservées en vue d’une utilisation ultérieure.
Le présent Privacy Statement s’applique uniquement aux Services. Les Services peuvent contenir des liens vers d’autres sites Internet non fournis ou gérés par RS. Les politiques et procédures décrites ici ne s’appliquent pas à ces autres sites Internet. Les liens depuis les Services n’impliquent pas notre accord avec ou notre consultation des autres sites Internet. Nous vous recommandons de contacter ces sites directement pour obtenir des informations au sujet de leurs politiques de protection des données.
Quand collectons-nous vos données à caractère personnel ?
Nous collectons vos données à partir du moment où vous saisissez ou laissez vos données sur notre site Internet, lorsque vous vous enregistrez en tant que participant/candidat auprès de RS ou lorsque vos données sont partagées avec nous par notre Client (votre employeur actuel ou précédent) dans le cadre de notre contrat avec ce Client relativement aux Services.
Pourquoi collectons-nous vos données à caractère personnel ?
Nous collectons et traitons vos données dans le cadre de la fourniture de nos Services pour vous et nos Clients.
Vos données à caractère personnel sont, en particulier, traitées dans le but de :
- vous fournir nos Services, y compris, mais sans s’y limiter, déterminer quelle assistance particulière vous attendez des Services ;
- vous établir des offres et/ou vous fournir des informations relatives aux Services et à d’autres activités, ainsi que pour pouvoir les adapter davantage à vos exigences et qualités. Ces services sont réalisés par nos collaborateurs et partiellement automatisés, et peuvent inclure la fourniture de possibilités d’emploi, de formation de recherche d’emploi, d’aide à la rédaction d’un CV et/ou d’autres Services d’aide ;
- promouvoir votre développement personnel et votre employabilité, y compris par la formation, le coaching et des tests ;
- évaluer votre compatibilité et votre disponibilité par rapport à des emplois permanents ou à durée déterminée ou pour une mission, auquel cas des résultats de tests, des questionnaires, des séances de conseil, des discussions, des vérifications de références, des échanges d’e-mails et d’autres canaux, etc. peuvent également être utilisés ;
- assister un Client via les Service lors d’un outplacement, de services de gestion de carrière et d’évaluation de compétences pour ses collaborateurs actuels et/ou antérieurs ;
- fixer une mission dans un contrat avec le Client et gérer le contrat et son application avec le Client ;
- vous contacter pour des offres commerciales, des bulletins d’information et des campagnes promotionnelles qui pourraient vous intéresser, uniquement si vous vous êtes enregistré à ces fins (opt-in) ;
- organiser des événements pour vous, uniquement si vous vous êtes enregistré à cette fin (opt-in) ;
- de les utiliser pour des finalités de gestion dont entre autres, la gestion des informations (statistiques,..), en vue d’assurer le contrôle interne et la sécurité de notre entreprise, l’exécution d’audits (internes/externes ) et d’analyse de données, la santé et la sécurité de nos collaborateurs
- atteindre des objectifs en termes de qualité, tels qu’une certification ;
- améliorer le contenu et le fonctionnement des Services, mieux comprendre les utilisateurs de RS et améliorer les Services ;
- demander des subsides, des primes, etc.
Quelles données à caractère personnel collectons-nous à votre sujet ?
Nous collectons et traitons les données à caractère personnel nécessaires pour nos Services. Certaines de ces données sont obligatoires pour vous permettre d’utiliser nos Services. D’autres données peuvent s’avérer utiles pour adapter davantage les Services à vos exigences et qualités, ou pour répondre plus spécifiquement aux demandes ou obligations du Client. Vous êtes personnellement responsable de l’exactitude et de la pertinence des données que vous transmettez à RS.
Les Clients de RS peuvent demander à RS d’aider leurs collaborateurs actuels et/ou antérieurs à chercher un emploi par le biais des Services (« Contrat de prestation de services »). Dans le cadre de ces Contrats, RS reçoit, de la part du Client, une liste de personnes entrant en ligne de compte pour les Services. Si vous entrez en considération, la liste établie par le Client peut reprendre votre nom, votre récent titre de fonction, votre adresse de domicile, votre numéro de téléphone, votre adresse e-mail, votre département ou business unit, ainsi que d’autres données à caractère personnel.
Lorsque vous vous enregistrez en tant que participant auprès de RS, vous nous transmettrez (des documents contenant) des données à caractère personnel, y compris les suivantes :
Lors de votre enregistrement et au cours des Services :
- nom et adresse détaillée, adresse e-mail, et autres informations de contact ;
- date de naissance, âge et sexe ;
- curriculum vitae (CV), récents titres de fonction, employeurs actuel et précédents, informations relatives à vos études et à vos formations, vos affectations, votre expérience professionnelle, vos aptitudes linguistiques, vos objectifs en termes d’emploi, vos attentes salariales, vos intérêts ;
- votre profil professionnel sur les médias sociaux et les profils pertinents de votre réseau ;
- des informations relatives aux formations et cours que vous avez suivis et/ou aux tests que vous avez passés, de votre propre initiative ou par notre intermédiaire ;
- des données relatives à vos disponibilités et congés ;
- d’autres données pouvant être importantes dans le cadre de l’évaluation de votre adéquation, telles que des références et certificats ;
- une photo d’identité et une vidéo (de présentation) - sur une base volontaire ;
- des informations relatives à vos progrès et au statut de votre recherche d’emploi ;
- des informations relatives à la satisfaction de vos clients et autre feed-back relatif à la recherche d’emploi et aux Services.
RS enregistre vos données à caractère personnel sensibles uniquement si cela s’avère nécessaire pour se conformer aux obligations légales, dans la mesure où vous avez donné votre accord, p. ex. si vous avez indiqué ces données dans votre CV ou profil, ou si c’est autrement autorisé par ou conforme à la loi. Les « données à caractère personnel sensibles » sont les données relatives à la race, à la religion, aux convictions, aux opinions politiques, à la santé, à l’orientation sexuelle, à l’affiliation à une organisation syndicale, au passé criminel d’une personne et/ou les données à caractère personnel relatives aux comportements illégaux ou au harcèlement.
Dans le cadre de votre compte web, que vous pourriez créer pour les Services, RS peut vous demander de créer un nom d’utilisateur unique, un mot de passe et une question de rappel, et d’utiliser ces informations de connexion pour accéder à votre compte. Vous acceptez de protéger la confidentialité de votre nom d’utilisateur, de votre mot de passe et de votre question de rappel. Si vous les dévoilez, vous serez entièrement responsable de toute utilisation, tout vol, toute altération, tout abus, toute divulgation ou toute autre perte de vos données à caractère personnel ou d’autres informations en découlant.
Données agrégées
Dans le cadre de ses efforts constants en vue de mieux comprendre et servir les utilisateurs de ses Services, RS réalise souvent des recherches au sujet de l’emplacement géographique, des intérêts, des résultats et du comportement de ses utilisateurs sur la base des données à caractère personnel et d’autres informations fournies à RS. Ces recherches et autres mesures ou analyses relatives au comportement, aux résultats ou aux examens des utilisateurs peuvent être compilées et analysées sur une base agrégée. De plus, RS peut partager ces données agrégées avec ses associés, ses agents et ses business partners. Ces informations agrégées ne vous identifient pas personnellement. RS peut également divulguer des statistiques d’utilisateurs agrégées dans le but de décrire les Services de RS à des business partners actuels et potentiels, ainsi qu’à d’autres tierces parties à d’autres fins légales.
Comment collectons-nous vos données ?
RS peut recevoir ou saisir toutes vos données à caractère personnel ou autres informations au format numérique, ainsi que par le biais d’interactions avec vous. RS peut combiner toutes les données à caractère personnel et autres informations de votre part ou à votre sujet dans un enregistrement de base de données.
Lorsque la technologie RiseSmart est utilisée, toutes les données à caractère personnel et autres informations de votre part ou à votre sujet peuvent être compilées dans une base de données à propriétaire unique et stockées sur des serveurs hébergés aux États-Unis ou dans d’autres pays. Le personnel RS ou le personnel responsable de la technologie RiseSmart peut accéder à votre compte en ligne, déterminer des besoins et actions, et si vous cherchez de l’emploi, poster des possibilités d’emploi sur votre compte depuis tout bureau, tout déplacement professionnel ou tout lieu de travail.
En vue de garantir l’exactitude actuelle de vos données à caractère personnel et autres informations contenues dans des fichiers, RS peut vous demander de vérifier un relevé de vos données à caractère personnel et autres informations de votre compte, le cas échéant, et d’en confirmer l’exactitude. RS entreprend des démarches raisonnables en vue de protéger les données à caractère personnel et autres informations fournies via les Services de toute perte, tout abus et tout accès illicite, toute divulgation, toute altération ou toute destruction. Toutefois, aucun transfert par Internet ou par e-mail n’est entièrement sécurisé et exempt d’erreur. Les transferts par e-mail et autres envoyés depuis les Services peuvent, en particulier, ne pas être sécurisés. Il vous revient, dès lors, de décider avec soin des informations que vous envoyez à RS par e-mail ou tout autre mode de transfert. Veuillez garder ces risques à l’esprit lorsque vous dévoilez des données à caractère personnel ou d’autres informations à RS par Internet.
Avec qui vos données à caractère personnel (participants, candidats) peuvent-elles être partagées ?
RS peut transmettre vos données à caractère personnel à d’autres entités RS, à ses Clients, à ses sous-traitants (p. ex. sociétés de traitement de données) qui réalisent des Services ou exécutent des missions pour son compte, ses fournisseurs, des autorités publiques et autres relations professionnelles, ainsi que dans tous les autres les cas où RS est tenue de les transmettre, p. ex. sur ordre ou décision d’un tribunal.
Les données à caractère personnel sont fournies sur la base d’un intérêt légitime, d’une obligation légale et/ou en vue d’exécuter le contrat conformément aux objectifs repris à la section « Pourquoi collectons-nous vos données à caractère personnel ? », dans la mesure nécessaire ou utile pour exécuter leur fonction spécifique.
RS peut utiliser la technologie RiseSmart pour soutenir les Services et enregistrer vos données à caractère personnel. La technologie RiseSmart est fournie par RiseSmart, Inc., notre entité RiseSmart basée aux États-Unis et soutenue par RiseSmart HR Services Pvt. Ltd. en Inde. De même, les Clients et d’autres entités Randstad et sous-traitants peuvent être établis hors de la Belgique. Vos données à caractère personnel peuvent, dès lors, être transférées hors de la Belgique. RS a pris les mesures nécessaires pour veiller à ce que vos données à caractère personnel transférées soient correctement protégées contre toute perte ou tout traitement illicite.
Dans le cadre du développement de ses activités, RS peut vendre ou acheter des activités ou actifs. En cas de vente, de fusion, de réorganisation, de dissolution d’entreprise ou autre événement similaire, les données à caractère personnel et autres informations peuvent faire partie des actifs transférés.
Combien de temps conservons-nous vos données à caractère personnel ?
Les périodes de rétention appliquées dépendent des termes statutaires applicables en matière de rétention des données.
Participants
Vos données d’affectation (CV, expérience professionnelle, formation, résultats de tests, etc.) sont disponibles durant 2 ans après le dernier contact. Nous vous enverrons des messages vous informant que vous êtes enregistré chez nous et que nous vous offrons nos Services un an après le dernier contact et deux ans après le dernier contact. Après écoulement du délai susindiqué, vos données seront finalement supprimées.
Si vous ne désirez plus utiliser nos Services, lorsque pertinent, comme autorisé par votre contrat avec le Client, vous pouvez vous désinscrire via votre personne de contact.
Données à caractère personnel des relations d’affaires
(Coordonnées de collaborateurs de clients, prospects, fournisseurs, consultants, références et toute autre organisation avec lesquels nous entretenons une relation professionnelle)
RS traite les données à caractère personnel des personnes pertinentes travaillant pour des entreprises avec lesquelles nous faisons des affaires dans le but (1) d’établir des offres pour et/ou de fournir des informations relatives à nos Services et autres activités, et (2) de demander et d’examiner des offres et informations pour des Services et produits pour RS et (3) d’entretenir une relation professionnelle et (4) d’établir et entretenir le contrat
Nous traitons les données à caractère personnel de nos relations d’affaires, en ce compris :
- les noms, coordonnées et positions des personnes de contact.
RS peut transmettre des données à caractère personnel obtenues de ses relations d’affaires si nécessaire pour réaliser les objectifs de la relation d’affaires ou à des fins de placement/de mission. Ces données peuvent être transmises à d’autres entités Randstad, à des postulants ou candidats, à des business partners et sous-traitants (p. ex. sociétés de traitement de données) qui fournissent des Services pour le compte de RS, ainsi que dans tous les autres les cas où RS est tenue de les transmettre, p. ex. sur ordre ou décision d’un tribunal. Les données à caractère personnel peuvent être transmises à d’autres pays. RS a pris les mesures nécessaires pour veiller à ce que toutes les données à caractère personnel soient correctement protégées contre toute perte ou tout traitement illicite.
Vos droits
Vous avez le droit d’accéder à et/ou de corriger vos données à caractère personnel.
Pour les participants, les collaborateurs et les relations d’affaires :
Si vous disposez de votre propre compte RiseSmart, vous pouvez accéder à une grande partie des données à caractère personnel enregistrées à votre sujet. Vous pouvez modifier bon nombre des données vous-même à tout moment, p. ex. en apportant des modifications à votre CV ou aux détails de votre compte.
Si vous souhaitez accéder à toutes vos données à caractère personnel et/ou corriger, modifier ou supprimer vos données que vous ne pouvez pas changer vous-même, veuillez contacter votre interlocuteur chez RS.
Pour les autres relations :
Vous avez le droit de consulter et de modifier vos enregistrements de données à caractère personnel. Vous pouvez, pour ce faire, contacter votre interlocuteur chez RS.
Sécurité
RS sécurisera et protégera vos données à caractère personnel de toute perte ou utilisation illicite. Pour ce faire, nous prenons des mesures de sécurité physiques, administratives, organisationnelles et techniques.
Par exemple : accès autorisé aux données uniquement. Si et dans la mesure où des données sont transmises à des sociétés de traitement de données fournissant des Services ou exécutant des missions pour son compte, RS a également convenu avec elles que ces sociétés de traitement sécuriseraient les données à caractère personnel le plus efficacement possible.
Contact, questions, observations, réclamations ou (suspicion de) fuites de données
Si vous avez des questions, observations ou réclamations au sujet de la protection de vos données à caractère personnel par RS, veuillez nous contacter par écrit ou par e-mail à l’adresse habituelle.
Nous entreprendrons les démarches raisonnables pour mettre à jour ou corriger les données à caractère personnel en notre possession que vous avez préalablement soumises via les Services. Veuillez utiliser votre compte pour veiller à ce que vos données à caractère personnel soient exactes, actuelles et complètes. En cas de problème ou de question au sujet de la présente Politique de respect de la vie privée ou au respect de la vie privée, vous pouvez contacter votre Privacy Officer chez RS à l’adresse suivante : information.security@randstadgroup.be.
En cas de (suspicion de) fuite de données, veuillez nous en informer immédiatement via l’adresse e-mail suivante : information.security@randstadgroup.be
Modifications
La présente version a été établie en mai 2017.
Pour différentes raisons, RS peut procéder à des modifications, des ajouts ou des corrections à la présente Politique de respect de la vie privée à tout moment. Veuillez consulter périodiquement la présente Politique de respect de la vie privée, en particulier avant de fournir des données à caractère personnel vous concernant. La dernière version de la Politique de respect de la vie privée peut être consultée à tout moment sur le site Internet de RS. La présente version a été établie en mai 2017.
Terms and Conditions
Effective April 10th 2019
DownloadTable of Contents
Conditions du Service
1. Acceptation des conditions.
Ce Site Internet est mis à votre disposition par RiseSmart, une division de Randstad Professionals nv (ci-après désignée RiseSmart), dont le siège social est situé Access Building, Avenue Charles Quint, 586 (bte 8), 1082 Bruxelles.
En faisant usage de ce site internet, vous marquez inconditionnellement votre accord avec les présentes conditions du Service. RiseSmart se réserve le droit de modifier le contenu desdites conditions. Lors de l’utilisation du Site Internet, les conditions en vigueur à ce moment-là, telles qu’elles sont mentionnées sur le Site Internet, sont toujours d’application.
L’accès à notre Site Internet, son utilisation et son fonctionnement sont régis par le droit belge qui est également d’application sur les conditions du Service, notre prestation de services et tous les litiges qui peuvent les concerner. Le juge belge est seul compétent pour prendre connaissance des litiges en question.
2. Description des Services
RiseSmart fournit des services d’Outplacement, de Career Services, de Competence and Assessment Services, d’Employability et de Loopbaanfocus. RiseSmart fournit en partie ses services vie ce site internet et la Technologie RiseSmart pour l’ Outplacement et Career Services (ci-après Service). Les nouvelles fonctions qui s’ajoutent au Service ou qui l’élargissent sont également soumises aux conditions du Service et au Privacy Statement
3. Conditions générales d’accès et d’utilisation du Service
3.1 Conformément aux dispositions des présentes conditions de Service, vous ne pouvez avoir accès au Service et l’utiliser que pour des fins légales. L’ensemble des droits, des titres de propriétés et des intérêts dans le Service et des éléments de ceux-ci continuent d’appartenir exclusivement à RiseSmart.
Il est interdit
(a) de donner le service en sous–licence, de le vendre, de le donner en location ou en leasing, de le céder, de l’attribuer, de l’exploiter commercialement de toute autre manière ou de le mettre à la disposition d’un tiers;
(b) d’utiliser le Service de manière illégale (en ce compris, sans que cette énumération soit limitative, en violant la législation relative à la protection des données et à la protection de la vie privée ou à la propriété intellectuelle) ou de toute autre manière qui entrave ou perturbe l’intégrité ou le fonctionnement du Service ou d’éléments du Service;
(c) de modifier, d’adapter ou de pirater le Service, de chercher de toute autre manière à obtenir un accès illicite au Service ou aux systèmes ou réseaux qui y sont liés ; ou
(d) d’en utiliser le contenu sur d’autres sites Internet ou sur d’autres médias (par exemple un environnement réseau). Vous devez respecter la totalité des codes de conduite, des lignes d’orientation ou des autres directives que RiseSmart vous fournit ou publie en lien avec le Service, et vous devez immédiatement informer RiseSmart en cas de problème de sécurité concernant le Service. Si vous faites usage du Service, vous êtes en outre soumis à toutes les conditions complémentaires qui sont d’application sur ces services et qui sont régulièrement publiées sur le Site Internet, en ce compris, mais sans s’y limiter, le Privacy Statement de RiseSmart.
3.2 Tous les logiciels qui sont mis à disposition par RiseSmart dans le cadre du Service (“Software”) contiennent des informations sur lesquelles il existe des droits de propriété et des informations confidentielles qui sont protégées par la législation applicable en matière de propriété intellectuelle, ainsi que par d’autres dispositions légales. Conformément aux dispositions des présentes conditions, RiseSmart, vous octroie à titre personnel sur le software un droit et une licence, non cessibles, qui ne peuvent faire l’objet d’une sous-licence, et qui ne sont pas exclusifs et cela sur un seul appareil à utiliser dans le cadre du Service. Vous indiquez par la présente que vous n’essayerez pas d’obtenir un accès au Service par d’autres manières que par l’interface proposée par RiseSmart pour accéder au Service.
3.3 Vous êtes entièrement responsable de l’ensemble des données, informations, feed-back, suggestions, textes, contenus et autres matériaux que vous uploadez, postez, fournissez, transmettez ou d’une autre manière envoyer ou diffusez sur le site (ci-après « envoi(s)/envoyer ») relativement au Service (« Votre Contenu »). Vous déclarez que vous garantissez par la présente que Votre Contenu, que vous envoyez dans le cadre du Service, est exact, précis et complet (en ce compris votre CV, les données biographiques et les informations sur les emplois exercés lorsque vous utilisez le Service comme demandeur d’emploi). Vous êtes responsable du maintien de la confidentialité de votre login, de votre mot de passe et de votre compte, et de toutes les activités qui se déroulent dans le cadre de votre login ou de votre compte. RiseSmart se réserve le droit d’accéder à votre compte pour réagir à vos demandes de soutien technique. En envoyant Votre Contenu sur ou via le Service, vous octroyez à RiseSmart une licence mondiale, non exclusive, permanente, irrévocable, libre de royalties, entièrement payée, susceptible d’être donnée en sous-licence, qui lui permet d’utiliser, de modifier, de reproduire, de diffuser, d’afficher, de publier et de mettre en œuvre Votre Contenu dans le cadre du Service. Vous marquez également votre accord avec le fait que RiseSmart peut, pour quelque motif que ce soit, supprimer ou désactiver du Contenu (en ce compris, mais sans s’y limiter, après avoir reçu des demandes ou des accusations de tiers ou d’autorités concernant le Contenu en question), ou sans aucun motif.
3.4 Vous comprenez que le fonctionnement du Service, en ce compris Votre Contenu, peut être décodé et qu’il peut être soumis
(a) à des transmissions sur différents réseaux,
(b) à des changements pour répondre et s’adapter aux exigences techniques pour le raccordement de réseaux ou d’appareils,
(c) à un transfert vers des tiers fournisseurs et partenaires d’hébergement de RiseSmart pour fournir le hardware, le software, les réseaux, le stockage et la technologie afférente, qui sont nécessaires pour assurer et entretenir le Service, et
(d) à un transfert à d’autres tiers dans le cadre de la prestation du Service en votre faveur. Par conséquent, vous reconnaissez que vous assumez l’entière responsabilité d’assurer une sécurité, une protection et une sauvegarde suffisantes de Votre Contenu. RiseSmart ne porte aucune responsabilité à votre égard pour tout accès à Votre Contenu ou pour toute utilisation non autorisée de Votre Contenu, ou pour tout dommage, suppression, destruction ou perte de Votre Contenu.
3.5 Si vous êtes demandeur d’emploi, vous convenez en outre que vous vous fondez sur votre propre capacité de jugement, votre prudence et votre bon sens lors de l’évaluation des employeurs potentiels et des informations qui vous sont fournies par ceux-ci ou via le Service et que vous supportez exclusivement le risque de la confiance que vous mettez dans le Contenu qui est fourni par le Service, et dans l’utilisation que vous en faites (en ce compris les offres d’emplois ou recommandations).
3.6 Si RiseSmart n’applique pas des droits ou des dispositions des présentes conditions, cela ne veut pas dire qu’il est renoncé à faire usage de ce droit.
3.7 Vous reconnaissez qu’un client de RiseSmart peut faire intervenir RiseSmart pour bénéficier d’une assistance dans la recherche de travail ou d’un coaching pour ses salariés actuels et/ou ses anciens salariés, via le Service (« Contrats clients ").
3.8 Si vous faites usage du Service en vertu d’un Contrat clients, vous reconnaissez que le service qui est mis à votre disposition ne dépassera en aucun cas la portée, la durée ou les autres limitations du Contrat clients en vertu duquel vous avez eu accès au Service.
3.9 Vous convenez
(a) que RiseSmart peut fixer des pratiques et des limitations générales concernant l’utilisation du Service, en ce compris, mais sans s’y limiter, la durée maximale durant laquelle le Contenu est conservé par le Service et l’espace maximal de stockage qui vous est attribué,
(b) que RiseSmart ne porte aucune responsabilité en cas de suppression ou de non–stockage du Contenu qui est conservé et uploadé vers le Service, et
(c) que RiseSmart peut conserver et publier du Contenu si elle y est obligée par la loi ou si, de bonne foi, elle est convaincue qu’une telle conservation ou une telle publication sont nécessairement raisonnables pour:
(i) satisfaire à des procédures juridiques, à la législation applicable ou à des demandes des pouvoirs publics;
(ii) appliquer la présente convention ;
(iii) répondre à des actions suivant lesquelles le contenu violerait les droits de tiers ; ou
(iv) protéger les droits, la propriété ou la sécurité personnelle de RiseSmart, de ses utilisateurs et du public.
4. Représentation et garanties
En matière d’utilisation du présent Service vous convenez de ne PAS poser les actes suivants : enfreindre les lois et les règlements parmi lesquels, sans limitation, la législation contre la discrimination ou la législation relative à l’égalité des chances en matière d’emploi et de travail ; enfreindre les droits de propriété intellectuelle et les droits au respect de la vie privée notamment, sans limitation, les brevets, les droits d’auteur, les marques de commerce ou les secrets commerciaux de tiers ; uploader, publier, transmettre ou stocker des informations qui sont illégales, diffamatoires, frauduleuses ; enfreindre vos obligations contractuelles ou de confidentialité ; perturber ou gêner le fonctionnement normal du Site Internet, notamment en introduisant ou en transmettant des virus, ou en publiant de manière permanente et répétée les mêmes informations, ou en publiant des informations d’une ampleur anormale, ou qui ne sont pas autorisées par RiseSmart, parmi lesquelles, mais sans s’y limiter, de la publicité non autorisée ou des annonces publicitaires non sollicitées ; porter atteinte au droit au respect de la vie privée ou aux droits de la personne d’autrui en faisant une utilisation abusive des Informations, notamment, mais sans s’y limiter, le harcèlement envers une autre personne, l’envoi d’e-mails non demandés et la collecte de données personnelles concernant d’autres personnes ; porter atteinte ou entreprendre de porter atteinte aux mesures de sécurité du Site Internet ; faire usage d’un appareil, d’un processus ou d’un mécanisme visant à exercer le contrôle du Site Internet, à rechercher des Informations du Site Internet, ou à obtenir l’accès au Site Internet et à l’Information sans une autorisation écrite préalable de RiseSmart, par exemple via un "spider" ou robot ; vous procurer l’accès, ou entreprendre de vous procurer l’accès, à un compte ou un code d’ouverture de session de tiers qui sont mentionnés sur le Site Internet ; publier ou mettre à disposition des informations inexactes, fausses ou incomplètes concernant notamment votre CV, vos données biographiques, l’emploi vacant et le profil de l’entreprise ; vous faire passer pour une autre personne ou entité ; falsifier les informations d’un en-tête dans une publication électronique ou un e-mail ; vous présenter comme quelqu’un d’autre que celui que vous êtes et présenter vos liens avec des tiers ou avec votre entité autrement qu’ils ne sont en réalité.
5. Cessation.
Si vous faites usage du Service dans le cadre d’un Contrat clients, vous reconnaissez que votre accès à ce Service prendra fin lorsque le Contrat clients sera résilié ou qu’il viendra à expiration.
RiseSmart se réserve le droit
(i) de modifier le Service (ou une partie de celui-ci) ou de l’interrompre de manière temporaire ou permanente, et
(ii) de refuser toute utilisation présente ou future du Service, de votre compte (ou d’une partie de celui-ci) ou de suspendre l’utilisation du Service ou d’y mettre fin, ou de supprimer Votre Contenu du Service pour quelque motif que ce soit et notamment si RiseSmart estime que vous avez enfreint les présentes conditions du Service.
RiseSmart n’est pas responsable envers vous ou envers un tiers en raison d’une quelconque modification, suspension ou interruption du Service. RiseSmart s’efforcera de bonne foi de vous contacter pour vous informer préalablement de la suspension ou de la cessation de votre compte auprès de RiseSmart.
Tout Votre Contenu sur le Service (le cas échéant) peut à tout moment être supprimé à la guise de RiseSmart après la clôture de votre compte.
6. Disclaimer.
RiseSmart ne garantit pas que le Service sera fourni de manière ininterrompue, en temps utile, de manière sûre, sans erreur ni virus et qu’aucune information, aucun conseil ou aucun service que vous obtenez de RiseSmart ou via le Service ne constituera une quelconque garantie qui ne serait pas expressément mentionnée dans les présentes conditions du Service.
En aucun cas RiseSmart ne sera de quelque manière que ce soit responsable du contenu ou du matériel de tiers (parmi lesquels les utilisateurs).
7. Applications software compatibles avec Apple
RiseSmart propose des applications software qui sont destinées à être utilisées sur des produits qui sont commercialisés par Apple Inc. (« Apple »), à côté d’autres plates-formes. S’agissant du Software qui est mis à disposition pour être utilisé en connexion avec un produit de la marque Apple (ce Software est désigné comme « le Software compatible Apple »), les conditions suivantes sont d’application en plus des autres dispositions prévues dans la présente convention :
RiseSmart et vous-même reconnaissez que la présente convention a été conclue exclusivement entre RiseSmart et vous-même, et non avec Apple, et que pour ce qui concerne RiseSmart et Apple, seule RiseSmart, et non Apple, assume la responsabilité exclusive du Software compatible Apple et de son contenu.
Il est interdit d’utiliser le Software compatible Apple d’une manière qui constituerait une violation aux qui irait à l’encontre des règles d’utilisation pour le Software compatible Apple figurant dans les conditions de service de l’App Store ou qui d’une toute autre manière serait contraire à ces conditions de service.
Effective June 20th 2017 to April 10th 2019
DownloadTable of Contents
Conditions du Service
- Acceptation des conditions.
Ce Site Internet est mis à votre disposition par RiseSmart, une division de Randstad Professionals nv (ci-après désignée RiseSmart), dont le siège social est situé Access Building, Avenue Charles Quint, 586 (bte 8), 1082 Bruxelles.
En acceptant les présentes conditions du Service ou en faisant usage du Site Internet, vous marquez inconditionnellement votre accord avec les présentes conditions du Service. Randstad se réserve le droit de modifier le contenu desdites conditions. Lors de l’utilisation du Site Internet, les conditions en vigueur à ce moment-là, telles qu’elles sont mentionnées sur le Site Internet, sont toujours d’application.
L’accès à notre Site Internet, son utilisation et son fonctionnement sont régis par le droit belge qui est également d’application sur les conditions du Service, notre prestation de services et tous les litiges qui peuvent les concerner. Le juge belge est seul compétent pour prendre connaissance des litiges en question.
- Description du Service
RiseSmart fournit des services d’Outplacement, de Gestion de carrière, d’Assessment et Competence, et d’Employability. Le Service comprend (a) le Site Internet, (b) les services de reclassement, de gestion de carrière, d’évaluation et de compétences, et d’employabilité, la technologie RiseSmart afférente et les autres services associés (dont le file management et les services analytiques), et (c) l’ensemble des logiciels, matériels, portails, recommandations, offres d’emplois, données, rapports, textes, illustrations, enregistrements sonores, vidéos, analyses et autres contenus qui sont mis à disposition dans le cadre précité. Les nouvelles fonctions qui s’ajoutent au Service ou qui l’élargissent sont également soumises aux conditions du Service et au Privacy Statement
- Conditions générales d’accès et d’utilisation du Service
3.1 Conformément aux dispositions des présentes conditions de Service, vous ne pouvez avoir accès au Service et l’utiliser que pour des fins légales. L’ensemble des droits, des titres de propriétés et des intérêts dans le Service et des éléments de ceux-ci continuent d’appartenir exclusivement à RiseSmart.
Il est interdit (a) de donner le service en sous–licence, de le vendre, de le donner en location ou en leasing, de le céder, de l’attribuer, de l’exploiter commercialement de toute autre manière ou de le mettre à la disposition d’un tiers; (b) d’utiliser le Service de manière illégale (en ce compris, sans que cette énumération soit limitative, en violant la législation relative à la protection des données et à la protection de la vie privée ou à la propriété intellectuelle) ou de toute autre manière qui entrave ou perturbe l’intégrité ou le fonctionnement du Service ou d’éléments du Service; (c) de modifier, d’adapter ou de pirater le Service, de chercher de toute autre manière à obtenir un accès illicite au Service ou aux systèmes ou réseaux qui y sont liés ; ou (d) d’en utiliser le contenu sur d’autres sites Internet ou sur d’autres médias (par exemple un environnement réseau). Vous devez respecter la totalité des codes de conduite, des lignes d’orientation ou des autres directives que RiseSmart vous fournit ou publie en lien avec le Service, et vous devez immédiatement informer RiseSmart en cas de problème de sécurité concernant le Service. Si vous faites usage de certains services, vous êtes en outre soumis à toutes les conditions complémentaires qui sont d’application sur ces services et qui sont régulièrement publiées sur le Site Internet, en ce compris, mais sans s’y limiter, le Privacy Statement de RiseSmart.
3.2 Tous les logiciels qui sont mis à disposition par RiseSmart dans le cadre du Service (“Software”) contiennent des informations sur lesquelles il existe des droits de propriété et des informations confidentielles qui sont protégées par la législation applicable en matière de propriété intellectuelle, ainsi que par d’autres dispositions légales. Conformément aux dispositions des présentes conditions, RiseSmart, vous octroie à titre personnel sur le software un droit et une licence, non cessibles, qui ne peuvent faire l’objet d’une sous-licence, et qui ne sont pas exclusifs et cela sur un seul appareil à utiliser dans le cadre du Service. Vous indiquez par la présente que vous n’essayerez pas d’obtenir un accès au Service par d’autres manières que par l’interface proposée par RiseSmart pour accéder au Service.
3.3 Vous êtes entièrement responsable de l’ensemble des données, informations, feed-back, suggestions, textes, contenus et autres matériaux que vous uploadez, postez, fournissez, transmettez ou d’une autre manière envoyer ou diffusez sur le site (ci-après « envoi(s)/envoyer ») relativement au Service (« Votre Contenu »). Vous déclarez que vous garantissez par la présente que Votre Contenu, que vous envoyez dans le cadre du Service, est exact, précis et complet (en ce compris votre CV, les données biographiques et les informations sur les emplois exercés lorsque vous utilisez le Service comme demandeur d’emploi). Vous êtes responsable du maintien de la confidentialité de votre login, de votre mot de passe et de votre compte, et de toutes les activités qui se déroulent dans le cadre de votre login ou de votre compte. RiseSmart se réserve le droit d’accéder à votre compte pour réagir à vos demandes de soutien technique. En envoyant Votre Contenu sur ou via le Service, vous octroyez à RiseSmart une licence mondiale, non exclusive, permanente, irrévocable, libre de royalties, entièrement payée, susceptible d’être donnée en sous-licence, qui lui permet d’utiliser, de modifier, de reproduire, de diffuser, d’afficher, de publier et de mettre en œuvre Votre Contenu dans le cadre du Service. Vous marquez également votre accord avec le fait que RiseSmart peut, pour quelque motif que ce soit, supprimer ou désactiver du Contenu (en ce compris, mais sans s’y limiter, après avoir reçu des demandes ou des accusations de tiers ou d’autorités concernant le Contenu en question), ou sans aucun motif.
3.4 Vous comprenez que le fonctionnement du Service, en ce compris Votre Contenu, peut être décodé et qu’il peut être soumis (a) à des transmissions sur différents réseaux, (b) à des changements pour répondre et s’adapter aux exigences techniques pour le raccordement de réseaux ou d’appareils, (c) à un transfert vers des tiers fournisseurs et partenaires d’hébergement de RiseSmart pour fournir le hardware, le software, les réseaux, le stockage et la technologie afférente, qui sont nécessaires pour assurer et entretenir le Service, et (d) à un transfert à d’autres tiers dans le cadre de la prestation du Service en votre faveur. Par conséquent, vous reconnaissez que vous assumez l’entière responsabilité d’assurer une sécurité, une protection et une sauvegarde suffisantes de Votre Contenu. RiseSmart ne porte aucune responsabilité à votre égard pour tout accès à Votre Contenu ou pour toute utilisation non autorisée de Votre Contenu, ou pour tout dommage, suppression, destruction ou perte de Votre Contenu.
3.5 Si vous êtes demandeur d’emploi, vous convenez en outre que vous vous fondez sur votre propre capacité de jugement, votre prudence et votre bon sens lors de l’évaluation des employeurs potentiels et des informations qui vous sont fournies par ceux-ci ou via le Service et que vous supportez exclusivement le risque de la confiance que vous mettez dans le Contenu qui est fourni par le Service, et dans l’utilisation que vous en faites (en ce compris les offres d’emplois ou recommandations).
3.6 Si RiseSmart n’applique pas des droits ou des dispositions des présentes conditions, cela ne veut pas dire qu’il est renoncé à faire usage de ce droit.
3.7 Vous reconnaissez qu’un client de RiseSmart peut faire intervenir RiseSmart pour bénéficier d’une assistance dans la recherche de travail pour ses salariés actuels et/ou ses anciens salariés, via le Service (« Contrats clients ").
3.8 Si vous faites usage du Service en vertu d’un Contrat clients, vous reconnaissez que le service qui est mis à votre disposition ne dépassera en aucun cas la portée, la durée ou les autres limitations du Contrat clients en vertu duquel vous avez eu accès au Service.
3.9 Vous convenez (a) que RiseSmart peut fixer des pratiques et des limitations générales concernant l’utilisation du Service, en ce compris, mais sans s’y limiter, la durée maximale durant laquelle le Contenu est conservé par le Service et l’espace maximal de stockage qui vous est attribué, (b) que RiseSmart ne porte aucune responsabilité en cas de suppression ou de non–stockage du Contenu qui est conservé et uploadé vers le Service, et (c) que RiseSmart peut conserver et publier du Contenu si elle y est obligée par la loi ou si, de bonne foi, elle est convaincue qu’une telle conservation ou une telle publication sont nécessairement raisonnables pour: (i) satisfaire à des procédures juridiques, à la législation applicable ou à des demandes des pouvoirs publics ; (ii) appliquer la présente convention ; (iii) répondre à des actions suivant lesquelles le contenu violerait les droits de tiers ; ou (iv) protéger les droits, la propriété ou la sécurité personnelle de RiseSmart, de ses utilisateurs et du public.
- Représentation et garanties
En matière d’utilisation du présent Service vous convenez de ne PAS poser les actes suivants : enfreindre les lois et les règlements parmi lesquels, sans limitation, la législation contre la discrimination ou la législation relative à l’égalité des chances en matière d’emploi et de travail ; enfreindre les droits de propriété intellectuelle et les droits au respect de la vie privée notamment, sans limitation, les brevets, les droits d’auteur, les marques de commerce ou les secrets commerciaux de tiers ; uploader, publier, transmettre ou stocker des informations qui sont illégales, diffamatoires, frauduleuses ; enfreindre vos obligations contractuelles ou de confidentialité ; perturber ou gêner le fonctionnement normal du Site Internet, notamment en introduisant ou en transmettant des virus, ou en publiant de manière permanente et répétée les mêmes informations, ou en publiant des informations d’une ampleur anormale, ou qui ne sont pas autorisées par RiseSmart, parmi lesquelles, mais sans s’y limiter, de la publicité non autorisée ou des annonces publicitaires non sollicitées ; porter atteinte au droit au respect de la vie privée ou aux droits de la personne d’autrui en faisant une utilisation abusive des Informations, notamment, mais sans s’y limiter, le harcèlement envers une autre personne, l’envoi d’e-mails non demandés et la collecte de données personnelles concernant d’autres personnes ; porter atteinte ou entreprendre de porter atteinte aux mesures de sécurité du Site Internet ; faire usage d’un appareil, d’un processus ou d’un mécanisme visant à exercer le contrôle du Site Internet, à rechercher des Informations du Site Internet, ou à obtenir l’accès au Site Internet et à l’Information sans une autorisation écrite préalable de RiseSmart, par exemple via un "spider" ou robot ; vous procurer l’accès, ou entreprendre de vous procurer l’accès, à un compte ou un code d’ouverture de session de tiers qui sont mentionnés sur le Site Internet ; publier ou mettre à disposition des informations inexactes, fausses ou incomplètes concernant notamment votre CV, vos données biographiques, l’emploi vacant et le profil de l’entreprise ; vous faire passer pour une autre personne ou entité ; falsifier les informations d’un en-tête dans une publication électronique ou un e-mail ; vous présenter comme quelqu’un d’autre que celui que vous êtes et présenter vos liens avec des tiers ou avec votre entité autrement qu’ils ne sont en réalité.
- Cessation.
Si vous faites usage du Service dans le cadre d’un Contrat clients, vous reconnaissez que votre accès à ce Service prendra fin lorsque le Contrat clients sera résilié ou qu’il viendra à expiration.
RiseSmart se réserve le droit (i) de modifier le Service (ou une partie de celui-ci) ou de l’interrompre de manière temporaire ou permanente, et (ii) de refuser toute utilisation présente ou future du Service, de votre compte (ou d’une partie de celui-ci) ou de suspendre l’utilisation du Service ou d’y mettre fin, ou de supprimer Votre Contenu du Service pour quelque motif que ce soit et notamment si RiseSmart estime que vous avez enfreint les présentes conditions du Service.
RiseSmart n’est pas responsable envers vous ou envers un tiers en raison d’une quelconque modification, suspension ou interruption du Service. RiseSmart s’efforcera de bonne foi de vous contacter pour vous informer préalablement de la suspension ou de la cessation de votre compte auprès de RiseSmart.
Tout Votre Contenu sur le Service (le cas échéant) peut à tout moment être supprimé à la guise de RiseSmart après la clôture de votre compte.
- Disclaimer.
RiseSmart ne garantit pas que le Service sera fourni de manière ininterrompue, en temps utile, de manière sûre, sans erreur ni virus et qu’aucune information, aucun conseil ou aucun service que vous obtenez de RiseSmart ou via le Service ne constituera une quelconque garantie qui ne serait pas expressément mentionnée dans les présentes conditions du Service.
En aucun cas RiseSmart ne sera de quelque manière que ce soit responsable du contenu ou du matériel de tiers (parmi lesquels les utilisateurs).
- Applications software compatibles avec Apple
RiseSmart propose des applications software qui sont destinées à être utilisées sur des produits qui sont commercialisés par Apple Inc. (« Apple »), à côté d’autres plates-formes. S’agissant du Software qui est mis à disposition pour être utilisé en connexion avec un produit de la marque Apple (ce Software est désigné comme « le Software compatible Apple »), les conditions suivantes sont d’application en plus des autres dispositions prévues dans la présente convention :
RiseSmart et vous-même reconnaissez que la présente convention a été conclue exclusivement entre RiseSmart et vous-même, et non avec Apple, et que pour ce qui concerne RiseSmart et Apple, seule RiseSmart, et non Apple, assume la responsabilité exclusive du Software compatible Apple et de son contenu.
Il est interdit d’utiliser le Software compatible Apple d’une manière qui constituerait une violation aux qui irait à l’encontre des règles d’utilisation pour le Software compatible Apple figurant dans les conditions de service de l’App Store ou qui d’une toute autre manière serait contraire à ces conditions de service.
Privacy Policy
Effective April 10th 2019
DownloadTable of Contents
privacy statement voor deelnemers RiseSmart
(outplacement, career services, loopbaanfocus, employability, competence & assessment services)
Bij RiseSmart hechten we veel belang aan de bescherming van de persoonlijke levenssfeer van alle personen van wie wij gegevens verzamelen. Wij behandelen en beveiligen deze gegevens met de grootst mogelijke zorgvuldigheid, in overeenstemming met de toepasselijke wetgeving in België[1].
We doen er alles aan om de aan ons verstrekte persoonsgegevens te beschermen tegen verlies, vernietiging, openbaarmaking, ongeoorloofde toegang of oneigenlijk gebruik.
We doen er alles aan om de aan ons verstrekte persoonsgegevens te beschermen tegen verlies, vernietiging, openbaarmaking, ongeoorloofde toegang of oneigenlijk gebruik.
In dit privacy statement leggen we uit wie we zijn, wanneer en waarom we je persoonlijke gegevens nodig hebben, welke gegevens we verzamelen, op welke manier en voor hoelang we ze verwerken, aan wie we ze kunnen doorgeven, wat je rechten zijn en hoe je deze kan uitoefenen.
Dit privacy statement is voor jou bedoeld wanneer:
- je een outplacementprogramma volgt bij RiseSmart (outplacement), nadat je een outplacementaanbod hebt aanvaard bij (de tewerkstellingscel van) je vorige werkgever of nadat je zelf outplacement hebt gevraagd met een outplacementcheque van de RVA;
- je een coachingstraject volgt bij RiseSmart (career services), op eigen initiatief of in samenspraak met je werkgever;
- je op eigen initiatief in loopbaanbegeleiding komt bij RiseSmart (loopbaanfocus), op eigen kosten of gesubsidieerd via de loopbaancheques van de VDAB;
- je in opdracht van VDAB, Actiris, Forem een trajectbegeleiding volgt bij RiseSmart (employability);
- je bij RiseSmart deelneemt aan een assessment of development center, testing en potentieelbeoordeling (competence en assessment services), in samenspraak met je huidige of potentiële werkgever.
A. Wie zijn wij?
RiseSmart, divisie van Randstad Professionals nv, gevestigd in Access Building, Keizer Karellaan, 586 bus 8 te 1082 Brussel, is verantwoordelijk voor de verwerking van je persoonsgegevens (Verantwoordelijke voor de verwerking in de zin van de GDPR).
Wanneer je bij RiseSmart een trajectbegeleiding (employability) of een gesubsidieerde loopbaanbegeleiding (loopbaanfocus) volgt, doet RiseSmart dat echter in opdracht van VDAB, Actiris of Forem. In dat geval zijn deze regionale arbeidsbemiddelingsdiensten de Verantwoordelijke voor de verwerking en is RiseSmart de Verwerker van je persoonsgegevens in de zin van de GDPR.
B. Wanneer verzamelen we je persoonsgegevens?
We verzamelen je gegevens zodra je je gegevens zelf invult of achterlaat op onze website of op één van onze IT-applicaties/tools die we je ter beschikking stellen (outplacement/career services: Hubble, Spotlight), wanneer je je inschrijft bij één van onze RiseSmart-kantoren of wanneer je je op een andere wijze (vb. informatiesessie bij collectief ontslag, …) aanmeldt om gebruik te maken van één van onze dienstverleningen.
We verzamelen je gegevens ook zodra je door je vorige, huidige of potentiële werkgever bij ons wordt aangemeld in uitvoering van een door hem aan jou aangeboden en door jou aanvaarde dienstverlening van RiseSmart (outplacement, career services en competence & assessment services).
Ten slotte verzamelen we je gegevens eveneens wanneer je als werkzoekende aan de VDAB toestemming hebt gegeven om jouw gegevens aan ons over te maken in het kader van de uitvoering van een trajectbegeleiding (employability) of een gesubsidieerde loopbaanbegeleiding (loopbaanfocus) door RiseSmart. Hetzelfde gebeurt bij het afsluiten van een trajectbegeleidingsovereenkomst tussen jou, Actiris of Forem en RiseSmart.
Samengevat verzamelen wij je gegevens in de aanloop naar en de voorbereiding van de uitvoering van één van de dienstverleningen van RiseSmart waartoe je je rechtstreeks of onrechtstreeks hebt verbonden.
C. Waarom hebben we je persoonsgegevens nodig?
We verzamelen je persoonsgegevens voor de doelen hieronder vermeld en zullen deze gegevens niet gebruiken voor andere doelen zonder jou daarvan op voorhand te verwittigen en, indien nodig, je toestemming daarvoor te vragen.
We gebruiken je persoonsgegevens voor het sluiten en de uitvoering van de jou betreffende dienstverleningsovereenkomst die we met jou, met je vorige, huidige of potentiële werkgever en/of met een regionale arbeidsbemiddelingsdienst (VDAB, Actiris, Forem) zijn aangegaan. Deze dienstverlening omvat één van de volgende diensten: outplacement, career services, loopbaanfocus, employability of competence & assessment services.
Meer specifiek gebruiken we je persoonsgegevens om, naargelang de afgesproken dienstverlening en in voorkomend geval,
- een dienstverleningsovereenkomst te sluiten met jou en/of met je vorige, huidige of potentiële werkgever of regionale arbeidsbemiddelingsdienst, deze professioneel uit te voeren en hiervoor de relevante administratie te voeren;
- de met jou en/of met je vorige, huidige of potentiële werkgever of regionale arbeidsbemiddelingsdienst afgesproken dienstverlening te verlenen, met inbegrip van, maar niet beperkt tot het bepalen van de precieze inhoud en omvang van de dienst;
- je aanbiedingen te kunnen doen en/of informatie te kunnen verstrekken over de afgesproken dienstverlening en overige activiteiten en deze beter te kunnen afstemmen op jouw wensen en competenties. Dit gebeurt door onze consultants en kan deels geautomatiseerd verlopen. Het kan diensten inhouden zoals psychologische begeleiding, sollicitatietraining, job leads, opleidingen of workshops, hulp bij het schrijven van je cv en/of andere overeengekomen vormen van ondersteuning;
- je competenties te evalueren en/of te versterken en duurzaam te verbeteren, je ontwikkelingspotentieel te ontdekken en te begeleiden, je profiel te bepalen en je geschiktheid en beschikbaarheid te beoordelen in het kader van je bemiddeling naar tijdelijk of vast werk, of naar enig andere vorm van werk. Hierbij kunnen we onder meer gebruik maken van de resultaten van testen die wij van jou afnemen (persoonlijkheidstesten, taaltesten, assessments,…) en van (online)-referentiechecks die we enkel met jouw uitdrukkelijke toestemming doen bij de door jou opgegeven personen en/of bedrijven. We kunnen je ook vragen om op vrijwillige basis meer informatie over jezelf te geven om maximaal resultaat uit de dienstverlening te kunnen halen;
- je persoonlijke ontwikkeling en inzetbaarheid te bevorderen door het aanbieden van onder meer (korte) opleidingen, begeleidingen, workshops, enz., bij RiseSmart of één van de bedrijven van Randstad of bij een derde partij (vb. Cevora);
- in uitvoering van de dienstverlening, de (wettelijk) verplichte of afgesproken rapportages, rapporten, resultaten en informatie te verstrekken aan jou, je vorige, huidige, of potentiële werkgever of tewerkstellingscel, regionale bemiddelingsdiensten of sectorfondsen;
- de dienstverlening van RiseSmart te factureren, subsidiedossiers op te stellen en subsidies aan te vragen (vb. Europees Sociaal Fonds, Sociaal Interventiefonds, …);
- aan bepaalde kwaliteitsdoelen te voldoen, zoals het behalen en behouden van bepaalde certificaten of kwaliteitslabels;
- de kwaliteit van onze dienstverlening te bewaken en te meten. Hiertoe kunnen wij, of een door ons daartoe aangeduide derde partij, jou vragen om deel te nemen aan enquêtes en de verkregen informatie gebruiken en verwerken om de kwaliteit van onze diensten te verbeteren;
- aan managementdoelen te voldoen waaronder het aanleveren van managementinformatie, het uitvoeren van interne controles ter voorkoming van fraude en het uitvoeren van (interne/externe) audits en accountantscontroles;
- statistische informatie te kunnen aanleveren voor onderzoeken van belang voor RiseSmart of onze sectorfederatie Federgon (beroepsfederatie van de HR-dienstverleners). In dit geval maken we gebruik van samengevoegde persoonsgegevens, waarbij je zelf niet individueel identificeerbaar bent in de resultaten die door RiseSmart publiek worden gemaakt of met derden worden gedeeld;
- de bedrijfsveiligheid te garanderen. Hiertoe kunnen we onder meer je identiteit controleren bij toegang tot één van onze kantoren. We kunnen eveneens de activiteiten in onze systemen controleren om misbruik van informatie van onze databases te voorkomen en onze belangen en die van alle in onze databases opgenomen personen te beschermen;
- wettelijke verplichtingen na te leven en deze te kunnen aantonen;
- je toe te laten om je rechten (zie verder onder punt H) uit te oefenen en achteraf te kunnen aantonen dat wij gevolg hebben gegeven aan deze rechten.
- ter beschikking stellen van RiseSmart Technologie (Spotlight en alle daaraan gerelateerde software) zodat hier gebruik van gemaakt kan worden indien je dit wenst.
We gebruiken en verwerken je persoonsgegevens, naargelang de soort verwerking, op basis van :
- onze (pre)contractuele relatie met jou en/of met je (vorige) werkgever of regionale arbeidsbemiddelingsdienst:
wanneer we rechtstreeks met jou een dienstverleningsovereenkomst (vb. loopbaanfocus) sluiten, hebben we een aantal gegevens nodig om die overeenkomst te kunnen voorbereiden, opmaken en daarna correct te kunnen uitvoeren.
Dit is ook zo wanneer je zelf geen rechtstreekse partij bent bij een dienstverleningsovereenkomst van RiseSmart, maar waarbij je wel de “derde begunstigde” bent van die dienstverlening, en je bij je vorige, huidige of potentiële werkgever akkoord bent gegaan met de aangeboden dienstverlening (vb. outplacement, career services, competence & assessment services).
Indien je niet wil dat je persoonsgegevens in dit kader worden verwerkt, is het voor ons niet mogelijk om de dienstverlening aan te gaan of (verder) uit te voeren. - de opdracht die aan RiseSmart werd toevertrouwd door VDAB, Forem en Actiris (employability en loopbaanfocus):
wanneer je aan VDAB, Actiris of Forem de toestemming geeft om RiseSmart toegang te geven tot jouw persoonsgegevens, zullen we deze gegevens verzamelen en gebruiken in opdracht van VDAB, Actiris of Forem. Dit heeft tot gevolg dat RiseSmart niet optreedt als de Verantwoordelijke voor de verwerking van je persoonsgegevens en dat je je met eventuele vragen betreffende je persoonsgegevens in eerste instantie tot VDAB, Actiris of Forem zal moeten richten. - de wettelijke verplichtingen verbonden aan de uitvoering van de dienstverlening:
onze dienstverlening is onderworpen aan tal van wettelijke verplichtingen (vb. outplacement, loopbaanfocus, employability). We moeten tijdig en voor de volledige duurtijd van die verplichtingen over alle informatie beschikken die nodig is om aan die verplichtingen te kunnen voldoen of om bij controle achteraf te kunnen aantonen dat we aan onze verplichtingen hebben voldaan. - het legitiem belang van RiseSmart of van een derde partij:
indien nodig, gebruiken wij je gegevens om tegemoet te komen aan gerechtvaardigde belangen van RiseSmart of van derde partijen. Dit kan bijvoorbeeld gebeuren voor toegangscontroles of interne controles en audits om de veiligheid en continuïteit van onze systemen en bedrijven te verzekeren. Dit legitiem belang is ook aanwezig wanneer we je gegevens moeten bijhouden in het kader van het instellen, uitoefenen of onderbouwen van een eventuele rechtsvordering
D. Welke persoonsgegevens verwerken we van jou
We verwerken de persoonsgegevens die noodzakelijk zijn voor onze dienstverlening. Een deel van deze gegevens is verplicht (vb. je identiteit en je contactgegevens) om gebruik te kunnen maken van onze dienstverlening. Aanvullende gegevens kunnen nodig of wenselijk zijn om onze dienstverlening beter te kunnen afstemmen op jouw wensen en kwaliteiten of om te voldoen aan meer specifieke vragen of verplichtingen vanuit opdrachtgevers (vb. VDAB, Actiris, Forem bij employability of RVA bij outplacementcheque) of klanten (je vorige, huidige of potentiële werkgever of de tewerkstellingscel van je vorige werkgever) van RiseSmart. Als je ervoor kiest om ons je gegevens over te maken, mogen wij deze gegevens gebruiken en delen met derden (zie verder onder punt E) in het kader van de uitvoering van de door jou gevraagde of aanvaarde dienstverlening.
Je bent zelf verantwoordelijk voor de nauwkeurigheid en relevantie van de gegevens die je aan ons verstrekt. Je doet er goed aan om elke wijziging in je persoonsgegevens steeds zo snel mogelijk aan ons door te geven, hetzij online via jouw profiel in Spotlight (outplacement/career services), hetzij aan je consultant in je RiseSmart-kantoor.
Klanten kunnen RiseSmart via een dienstverleningsovereenkomst inschakelen voor bijstand bij de zoektocht naar werk voor vorige werknemers, voor het bepalen en begeleiden van het ontwikkelingspotentieel of het evalueren en/of versterken van de competenties van huidige en toekomstige werknemers. In het kader van die dienstverleningsovereenkomst overhandigt de klant aan RiseSmart een lijst met de personen die in aanmerking komen voor de betrokken dienstverlening.
Indien jij hiervoor in aanmerking komt, kunnen je naam, recente functie, privé-adres, telefoonnummer, e-mailadres, afdeling of bedrijfseenheid, en andere relevante persoonsgegevens op die lijst voorkomen.
Indien jij hiervoor in aanmerking komt, kunnen je naam, recente functie, privé-adres, telefoonnummer, e-mailadres, afdeling of bedrijfseenheid, en andere relevante persoonsgegevens op die lijst voorkomen.
Wanneer je je als deelnemer inschrijft of aanmeldt bij RiseSmart, of wanneer je door derden (vb. je werkgever) wordt aangemeld, deel jij of die derde alle relevante (documenten met) persoonsgegevens met ons.
Naargelang de dienstverlening die je hebt gevraagd of aanvaard, kan het onder meer om de volgende persoonsgegevens gaan:
- naam, adres, e-mailadres, telefoonnummer en andere contactgegevens;
- geboortedatum, leeftijd en geslacht;
- pasfoto en video (introductie) - op vrijwillige basis;
- curriculum vitae (cv), detailinformatie over huidige en vorige functies, huidige en vorige werkgevers, informatie over diploma’s, talenkennis, bemiddelingen, werkervaringen, …;
- gegevens, waaronder resultaten, over trainingen en opleidingen en/of testen/assessments die je zelf of via RiseSmart hebt gevolgd of gedaan;
- je doelstellingen/actieplan op het vlak van coaching, competentie- en/of loopbaanontwikkeling;
- je huidig of vorig loon en toekomstverwachtingen inzake loon, uit te oefenen functie, sector, werkgever, werktijden, …;
- je professioneel sociale media-profiel en andere relevante profielen van je netwerk;
- andere gegevens die van belang (kunnen) zijn in het kader van de beoordeling van je geschiktheid, bijvoorbeeld referenties en getuigschriften;
- evaluaties van je kennis, vaardigheden, attitude, enz.;
- informatie over de status, voortgang en mijlpalen in je zoektocht naar een job;
- resultaten van assessments en competence services of career services;
- verslagen van je consultant, coach, …, naar aanleiding van interviews, gesprekken, coachings, …;
- verplichte rapportages aan onze opdrachtgevers (vb. VDAB, Actiris, Forem bij employability of RVA bij outplacementcheque) of klanten (je vorige, huidige of potentiële werkgever of de tewerkstellingscel van je vorige werkgever);
- informatie over je klanttevredenheid of andere feedback over onze dienstverlening.
- Gebruikersnaam, wachtwoord in het kader van je Spotlight profiel.
Wij registreren geen bijzondere persoonsgegevens, behalve wanneer dit nodig is om aan bepaalde wettelijke verplichtingen te voldoen en voor zover daarvoor toestemming is gegeven, of indien dit anders toegelaten is bij of krachtens de wet. Met ‘bijzondere persoonsgegevens’ worden gegevens bedoeld over ras, godsdienst of levensovertuiging, politieke gezindheid, gezondheid, seksuele leven, lidmaatschap van een vakvereniging, strafrechtelijke persoonsgegevens en/of persoonsgegevens over onrechtmatig of hinderlijk gedrag.
De persoonsgegevens die we van jou verzamelen, slaan we op in een beveiligde database. Wanneer we gebruik maken van RiseSmart Technology (Spotlight - outplacement/career services), worden al je persoonsgegevens en andere informatie van of over jou samengebracht in een aparte database en kunnen je gegevens opgeslagen worden op servers die in de Verenigde Staten of in andere landen worden gehost. De consultants en coaches van RiseSmart en de verantwoordelijken voor RiseSmart Technology hebben toegang tot je online profiel op Spotlight. Zij kunnen daar behoeften en actiepunten bepalen, en kunnen, indien je op zoek bent naar werk, vanuit om het even welk kantoor of werklocatie, vacatures posten op je profiel.
E. Met wie delen we je persoonsgegevens?
Alleen indien nodig voor de uitvoering van de door jou gekozen of aanvaarde dienstverlening van RiseSmart, de verwezenlijking van de onder punt C vermelde doelstellingen, het nakomen van een wettelijke verplichting (van RiseSmart of van een derde partij) of de behartiging van een gerechtvaardigd belang (van RiseSmart of van een derde partij), kan RiseSmart bepaalde van jouw persoonsgegevens overmaken:
- aan andere vennootschappen van de Randstad groep in België waartoe RiseSmart behoort, zoals onder meer Randstad Group Belgium nv, voor onder meer:
- aanbod van ondersteunende activiteiten in het kader van begeleiding naar werk/professionele ontwikkeling (workshops, jobaanbod, …);
- intragroepdienstverlening (administratieve taken zoals facturatie, IT-diensten, …);
- inspectie- en klachtenbeheer (legal services)
- aan de holdingvennootschap van Randstad (waartoe RiseSmart behoort), of andere vennootschappen binnen het Randstad concern, voor onder meer:
- managementinformatie;
- interne audits;
- interne dienstverlening;
- aan opdrachtgevers (vb. VDAB, Actiris, Forem bij employability of RVA bij outplacementcheque) of klanten (je vorige, huidige of potentiële werkgever of de tewerkstellingscel van je vorige werkgever en sectorfondsen) van RiseSmart, voor onder meer:
- alle verplichte of nodige rapportages in het kader van de afgesproken dienstverlening en enkel wanneer deze verplicht nominatief moeten zijn;
- resultaten van competence en assessments services of career services die ook met jou worden besproken;
- facturatie van de dienstverlening;
- audits of inspecties bij klanten;
- aan leveranciers van RiseSmart, voor onder meer:
- het leveren van diensten of het uitvoeren van taken en opdrachten in naam en voor rekening van RiseSmart (vb. IT-providers, cloud-providers, onderzoeksbureaus, toegangsbeveiliging, indienen subsidiedossiers, ...);
- het leveren van diensten aan RiseSmart in het kader van de dienstverlening (vb. ongevallenverzekering bij outplacement);
- aan onze bedrijfsrevisoren, audit en certificatie kantoren, voor onder meer:
- audit van onze jaarrekeningen;
- verkrijgen en behouden van bepaalde certificaten;
- audit van subsidiedossiers (vb. Europees Sociaal Fonds);
- aan (het auditkantoor of onderzoeksbureau van) Federgon (beroepsfederatie van de HR-dienstverleners), voor onder meer:
- het verkrijgen en behouden van het kwaliteitslabel van Federgon;
- wetenschappelijk onderzoek;
- tevredenheidsenquêtes;
- statistische doeleinden;
- aan diverse overheidsinstanties, zoals onder meer:
- federale en regionale inspectiediensten
- erkenningsinstanties;
- aan alle andere derden waar we daartoe worden verplicht bij wet, gerechtelijk bevel of vonnis.
Je persoonsgegevens worden door RiseSmart niet verkocht, noch verhuurd of commercieel ter beschikking gesteld aan derden, behalve met jouw voorafgaande toestemming.
Bij de ontwikkeling van de activiteiten van RiseSmart mag RiseSmart activiteiten of activa kopen of verkopen. In geval van een verkoop, fusie, reorganisatie, ontbinding of gelijkaardige gebeurtenis, kunnen je persoonsgegevens en andere informatie deel uitmaken van de overgedragen activa.
Wanneer onze leveranciers je persoonsgegevens verwerken in opdracht van RiseSmart, handelen zij als verwerkers zoals bepaald in de GDPR. Wij sluiten met deze verwerkers een verwerkingsovereenkomst en stellen alles in het werk opdat zij jouw persoonsgegevens op voldoende wijze beveiligen.
Je persoonsgegevens kunnen in bepaalde gevallen worden doorgegeven buiten België en buiten de Europese Unie. RiseSmart neemt daarbij de nodige contractuele en technische beveiligingsmaatregelen om te verzekeren dat alle doorgegeven persoonsgegevens adequaat worden beschermd tegen verlies of onrechtmatige verwerking.
Je persoonsgegevens kunnen in bepaalde gevallen worden doorgegeven buiten België en buiten de Europese Unie. RiseSmart neemt daarbij de nodige contractuele en technische beveiligingsmaatregelen om te verzekeren dat alle doorgegeven persoonsgegevens adequaat worden beschermd tegen verlies of onrechtmatige verwerking.
Zo kan RiseSmart gebruik maken van RiseSmart Technology om de dienstverlening te ondersteunen en om je persoonsgegevens te registreren. RiseSmart Technology wordt geleverd door RiseSmart Inc., onze RiseSmart entiteit in de VS, en wordt ondersteund door RiseSmart HR Services Pvt. Ltd. in India. Klanten en andere RiseSmart entiteiten en onderaannemers kunnen ook buiten België gesitueerd zijn. RiseSmart heeft de nodige maatregelen genomen om te verzekeren dat de doorgegeven persoonsgegevens adequaat worden beschermd tegen verlies of onrechtmatige verwerking.
Voor verdere vragen hierover kan je terecht bij de Data Protection Officer (zie verder).
F. Hoe lang bewaren we je persoonsgegevens?
Wij garanderen dat we je gegevens niet langer bewaren dan nodig.
De bewaringstermijnen zijn afhankelijk van de doelstellingen waarvoor we je gegevens verwerken, de dienstverlening die je geniet en de toepasselijke wettelijke of reglementaire bepalingen en verjaringstermijnen.
Standaard houden wij je gegevens en je dossier 4 jaar bij, te rekenen vanaf de start van onze dienstverlening. Deze termijn laat toe om zonder problemen de terugkeergarantie bij outplacement (naargelang de duurtijd van het aangeboden programma) te respecteren of een eventueel vervolg op een eerder gevolgd programma te faciliteren (vb. loopbaanfocus, career services, employabiity).
Voor competence & assessment services bedraagt de bewaartermijn 2 jaar, gelijk aan de maximale geldigheidsduur van de resultaten/rapporten van dergelijke assessments. Dit gebeurt eveneens om een eventuele latere bespreking hierover nog te kunnen faciliteren.
Na de actieve bewaartermijnen van 4 en 2 jaar voor de consultants in onze kantoren, worden je gegevens en je dossier enkel nog centraal gearchiveerd en passief (inclusief verwijdering van de niet langer noodzakelijke gegevens) bijgehouden voor de tijd die nodig is omwille van wettelijke bewaartermijnen, geschillenbeheer, en statistische, audit- en controledoeleinden.
G. Beveiligingsmaatregelen?
RiseSmart doet er alles aan om je persoonsgegevens optimaal te beveiligen tegen onrechtmatig gebruik. We doen dit aan de hand van fysieke, administratieve en technologische maatregelen.
Bijvoorbeeld: alleen bevoegde personen krijgen toegang tot onze kantoren en onze systemen en toegang is beperkt tot de systemen die zij om professionele redenen nodig hebben. Deze personen moeten ons intern beleid inzake privacy en gegevensbescherming kennen en correct toepassen. Voor zover gegevens worden verstrekt aan derden, komt RiseSmart met deze derden overeen dat zij de persoonsgegevens eveneens optimaal beveiligen.
H. Wat zijn jouw rechten?
RiseSmart verwerkt je persoonsgegevens in overeenstemming met de bepalingen van dit privacy statement. Als betrokken partij beschik jij over een aantal rechten die je op elk moment kan uitoefenen.
Je kan volgende rechten uitoefenen:
- Recht van bezwaar
Je kan je verzetten tegen het verwerken van je persoonsgegevens. Dit kan je enkel doen tegen een verwerking die gebeurt op basis van de gerechtvaardigde belangen van RiseSmart of van een derde (zie hoger in punt C). Bij de uitoefening van dit recht zal je in het formulier moeten aangeven tegen welke verwerking je precies bezwaar maakt en om welke specifieke redenen. Dit is nodig om een correcte belangenafweging te kunnen doen. - Recht van Inzage
Je kan uitsluitsel vragen over het al dan niet verwerken van je persoonsgegevens.
Als dit het geval is, kan je volgende informatie opvragen: de verwerkingsdoeleinden, de categorieën van persoonsgegevens die we van jou bewaren, de categorieën van ontvangers ervan (derde landen of internationale organisaties), de bewaartermijnen of de criteria om die te bepalen, je overige rechten, andere bronnen van herkomst van je gegevens en het bestaan van geautomatiseerde besluitvorming. Bij het verstrekken van deze informatie moeten wij steeds rekening houden met de rechten en vrijheden van andere personen.
Beschik je over een online profiel in Spotlight (outplacement/career services), dan heb je automatisch reeds inzage in een groot deel van de over (en door) jou geregistreerde persoonsgegevens. - Recht op rectificatie (verbetering en aanvulling)
Je kan vragen om alle volgens jou onjuiste of onvolledige (persoons)gegevens recht te zetten of aan te vullen. Bij de uitoefening van dit recht zal je in het formulier moeten aangeven welke gegevens je precies wil rechtzetten of aanvullen.
Beschik je over een online profiel in Spotlight (outplacement/career services), dan kan je, zonder enige tussenkomst van RiseSmart, zelf een groot deel van je persoonsgegevens aanpassen en aanvullen.
Onjuiste objectieve persoonsgegevens (vb. foutieve schrijfwijze van je naam, verkeerd telefoonnummer, …) worden steeds rechtgezet zoals gevraagd. Volgens jou onjuist geachte subjectieve persoonsgegevens (vb. negatieve evaluatie, ongunstige assessmentresultaten, …) worden slechts aangepast indien wij het met jou eens zijn. Indien niet, passen wij deze persoonsgegevens niet aan, maar noteren wij je eventuele aanvullende verklaring hierover. - Recht op overdraagbaarheid
Je hebt het recht om de persoonsgegevens die je zelf aan RiseSmart hebt bezorgd, door RiseSmart in elektronische vorm te laten overdragen naar jezelf (via je e-mailadres dat je opgeeft in je aanvraagformulier) of naar een andere door jou aangeduide verwerkingsverantwoordelijke (via zijn e-mailadres dat je opgeeft in je aanvraagformulier). - Recht op gegevenswissing (vergetelheid)
In de gevallen voorzien door de GDPR, zullen wij op jouw vraag overgaan tot verwijdering van je gegevens.
Je kan dit recht evenwel niet uitoefenen zolang je nog gebruik maakt van de dienstverlening van RiseSmart. - Recht op beperking van de verwerking
Je hebt het recht om de verwerking van je persoonsgegevens te laten beperken wanneer:- je de juistheid van je persoonsgegevens betwist (voor de duurtijd van de controle door RiseSmart).
- de verwerking van je persoonsgegevens door RiseSmart onrechtmatig zou zijn maar je toch je recht op gegevenswissing niet wenst in te roepen.
- wij jouw persoonsgegevens niet meer nodig hebben voor de in dit privacy statement opgenomen doelen (punt C), maar jij deze wel nog nodig hebt voor het instellen, het uitoefenen of het onderbouwen van een rechtsvordering.
- je bezwaar hebt gemaakt tegen de verwerking van bepaalde van je persoonsgegevens (voor de duurtijd van de belangenafweging).
Je kan je rechten in principe kosteloos uitoefenen. Dit doe je door gebruik te maken van dit formulier (link naar formulier).
Je kan dit formulier zelf downloaden of dit vragen aan je consultant in een RiseSmart-kantoor.
Op het formulier vind je verdere instructies voor het invullen en het verzenden van je aanvraag.
Je moet ook steeds een kopie van je identiteitskaart meesturen zodat we zekerheid hebben over de identiteit van de aanvrager. Zonder deze kopie wordt je aanvraag niet behandeld.
Ten laatste binnen de maand na ontvangst van je volledig ingevulde en correct verstuurde formulier zullen wij je schriftelijk informeren over het gevolg dat we aan je aanvraag hebben gegeven.
Afhankelijk van de moeilijkheid van je aanvraag of het aantal verzoeken dat we ook van andere personen krijgen, kan deze termijn met twee maanden worden verlengd. In dit geval verwittigen we jou wel binnen de maand na ontvangst van je formulier over deze verlenging.
In sommige gevallen (vb. wettelijke verplichtingen, rechten van andere personen, verjaringstermijnen, ...) zal je jouw rechten niet of niet volledig kunnen uitoefenen. Je zal hierover dan bericht krijgen met de redenen waarom we niet of niet volledig aan je aanvraag kunnen voldoen.
Afhankelijk van de moeilijkheid van je aanvraag of het aantal verzoeken dat we ook van andere personen krijgen, kan deze termijn met twee maanden worden verlengd. In dit geval verwittigen we jou wel binnen de maand na ontvangst van je formulier over deze verlenging.
In sommige gevallen (vb. wettelijke verplichtingen, rechten van andere personen, verjaringstermijnen, ...) zal je jouw rechten niet of niet volledig kunnen uitoefenen. Je zal hierover dan bericht krijgen met de redenen waarom we niet of niet volledig aan je aanvraag kunnen voldoen.
I. Cookies
Op ons domein risesmart.be maken wij gebruik van cookies en webstatistieken. Dat doen we om te kijken hoe bezoekers onze website gebruiken. Deze informatie helpt ons om de site te verbeteren. Een cookie is een bestand dat op je computer wordt opgeslagen. Bij een vervolgbezoek op onze website kunnen deze cookies worden herkend. Je kan hier meer over lezen in onze Cookie Policy op onze website.
J. Vragen, opmerkingen, klachten en datalekken
Heb je vragen, opmerkingen of klachten over de bescherming van je persoonsgegevens door RiseSmart of over dit privacy statement, dan kan je contact opnemen met de Data Protection Officer van Randstad via privacy@randstadgroup.be.
Je hebt ook het recht om klacht in te dienen bij de Gegevensbeschermingsautoriteit (GBA), op het volgende adres: Drukpersstraat 35 te 1000 Brussel.
Heb je weet van een datalek, of heb je een vermoeden van een datalek, dan vragen wij je om dit steeds onmiddellijk aan ons door te geven via information.security@randstadgroup.be.
K. Wijzigingen
RiseSmart kan om uiteenlopende redenen verbeteringen, aanvullingen of wijzigingen aanbrengen in dit privacy statement. De meest actuele versie kan je te allen tijde inzien op de website van RiseSmart.
Deze versie is opgesteld in februari 2019.
Deze versie is opgesteld in februari 2019.
- Dit zijn de Wet van 8 december 1992 tot bescherming van de persoonlijke levenssfeer ten opzichte van de verwerking van persoonsgegevens (Privacywet) en de Verordening (EU) 2016/679 van het Europees Parlement en de Raad van 27 april 2016 betreffende de bescherming van natuurlijke personen in verband met de verwerking van persoonsgegevens en betreffende het vrije verkeer van die gegevens (GDPR).
Effective June 20th 2017 to April 10th 2019
DownloadTable of Contents
PRIVACY STATEMENT RISESMART
Als we uw persoonsgegevens verwerken, zullen we deze informatie gebruiken conform onze Privacy Statement.
RiseSmart is ervan overtuigd dat de privacy van haar deelnemers, kandidaten en andere relaties en bezoekers van de website van essentieel belang is. Uw persoonsgegevens worden dan ook met de grootst mogelijke zorgvuldigheid behandeld en beveiligd, conform de eisen die de geldende wetgeving inzake bescherming van persoonsgegevens hieraan stelt.
Wie we zijn ?
RiseSmart, divisie van Randstad Professionals/Belgium nv, met hoofdzetel te 1082 Brussel, Access Building, Avenue Charles Quint, 586 (bus 8), (hierna RS genoemd), is de verantwoordelijke van de verwerking van de door haar verwerkte persoonsgegevens ('verantwoordelijke' binnen de betekenis van de geldende wetgeving inzake bescherming van persoonsgegevens).
RS verleent outplacement services, career management services, assessment & competence services and employability services. Deze RS Services (hierna de Service genoemd) die wij aan u en onze klanten verlenen, zowel persoonlijk als via onze website zijn onderworpen aan onze Servicevoorwaarden en deze Privacy Statement. Voor de Service kunnen we gebruik maken van onze RiseSmart Technologie.
De Service omvat (a) de website, (b) outplacement services, career management services, assessment & competence services and employability services., gerelateerde RiseSmart Technologie en andere gerelateerde services (waaronder file management en analytics services), en (c) alle software, materialen, portalen, aanbevelingen, job leads, data, rapporten, teksten, afbeeldingen, geluiden, video, analyses en andere content die beschikbaar is gesteld door het hiervoor genoemde. Nieuwe functies die worden toegevoegd aan de Service of deze uitbreiden, zijn ook onderworpen aan de Servicevoorwaarden en deze Privacy Statement.
RS maakt gebruik van cookies en webstatistieken. Dat doen we om te kijken hoe bezoekers onze website gebruiken. Deze informatie helpt ons om de site te verbeteren. Een cookie is een bestand dat op uw computer wordt opgeslagen. Bij een vervolgbezoek op onze website kunnen deze cookies worden herkend. U kunt hierover meer lezen in onze Cookieverklaring.
Evenals veel andere websites verzamelt onze website automatisch bepaalde informatie over de gebruikers van de website, zoals bijvoorbeeld het Internet Protocol (IP)-adres van uw computer, het IP-adres van uw Internet Service Provider, de datum en tijd van toegang tot de website, het internetadres van de website vanwaar u rechtstreeks bent doorgelinkt naar onze website, het besturingssysteem dat u gebruikt, de onderdelen van de website die u bezoekt, de pagina’s van de website die u heeft bezocht en de informatie die u heeft bekeken, informatie over het type apparaat dat u gebruikt voor uw bezoek aan de site, de geolocatie waar u zich bevindt en het materiaal dat u opstuurt of downloadt van de website. Deze technische informatie wordt gebruikt voor het beheer van de website en systeembeheerder, en om de website en het gebruik ervan te verbeteren. Deze technische gegevens mogen aan derden worden doorgegeven en kunnen permanent worden opgeslagen voor toekomstig gebruik.
Deze Privacy Statement is alleen van toepassing op de Service. De Service kan links bevatten naar andere websites die niet door RS bediend of gecontroleerd worden. De hier door ons beschreven beleid en procedures zijn niet van toepassing op andere websites. De links uit de Service impliceren niet dat wij de andere websites goedkeuren of deze hebben gecontroleerd. We raden dan ook aan rechtstreeks contact op te nemen met deze websites voor meer informatie over hun beleid inzake privacy.
Wanneer verzamelen wij uw persoonsgegevens?
Wij verzamelen uw gegevens vanaf het moment dat u uw gegevens achterlaat op onze website, wanneer u zich inschrijft als deelnemer/kandidaat bij RS of wanneer uw persoonsgegevens door een Klant (uw huidige of vorige werkgever) met ons gedeeld worden als deel van onze overeenkomst met onze klant in het kader van de Service.
Waarom verzamelen wij uw persoonsgegevens?
We verzamelen en verwerken uw gegevens voor de uitvoering van onze Service aan u en onze Klanten.
Uw persoonsgegevens worden in het bijzonder verwerkt om:
- u onze Service te verlenen, met inbegrip van, maar niet beperkt tot, het bepalen van welke precieze bijstand u wenst van de Service.
- u aanbiedingen te kunnen doen en/of informatie te kunnen verstrekken over de Service en overige activiteiten en deze beter te kunnen afstemmen op uw wensen en kwaliteiten. Dit gebeurt door onze medewerkers en is deels geautomatiseerd en kan zaken inhouden zoals het verstrekken van job leads, opleidingen om werk te vinden, hulp bij het schrijven van uw CV en/of andere bijstand.
- uw persoonlijke ontwikkeling en inzetbaarheid, waaronder training, opleiding en testen te promoten.
- uw geschiktheid en beschikbaarheid te kunnen beoordelen in verband met bemiddeling naar vast of tijdelijk werk dan wel een opdracht, waarbij ook gebruik gemaakt kan worden van testresultaten, vragenlijsten, advies, gesprekken, referentiechecks, uitwisseling van e-mails en andere kanalen, etc.
- een Klant via de Service bij te staan bij outplacement, career management services and assessment competence services voor zijn huidige en/of vorige werknemers.
- een opdracht bij de Klant te kunnen vastleggen in een overeenkomst met de Klant en de overeenkomst met de Klant te beheren en na te komen.
- u te benaderen voor commerciële aanbiedingen, nieuwsbrieven en promotie-acties die voor u interessant kunnen zijn, uitsluitend indien u zich daarvoor heeft aangemeld (opt-in).
- voor u evenementen te organiseren, uitsluitend indien u zich daarvoor heeft aangemeld (opt-in).
- voor managementdoeleinden waaronder managementinformatie, het verzorgen van interne controles en bedrijfsveiligheid en het uitoefenen van audits en accountantscontrole.
- kwaliteitsdoeleinden zoals certificering.
- de inhoud en functionaliteit van de Service te verbeteren, de gebruikers van RS beter te begrijpen en de Service verbeteren.
- subsidies, premies e.d. aan te vragen.
Welke persoonsgegevens verzamelen wij van u?
We verwerken de persoonsgegevens die noodzakelijk zijn voor onze Service; een deel van deze gegevens is verplicht om gebruik te kunnen maken van onze Service. Aanvullende gegevens kunnen wenselijk zijn om de Service beter te kunnen afstemmen op uw wensen en kwaliteiten of om te voldoen aan meer specifieke vragen of verplichtingen vanwege Klanten. U bent zelf verantwoordelijk voor de nauwkeurigheid en relevantie van de gegevens die u aan RS verstrekt.
Klanten van RS kunnen RS inschakelen voor bijstand bij de zoektocht naar werk voor hun huidige en/of vorige werknemers via de Service (Klantencontract). In het kader van de Klantencontracten ontvangt RS van de Klant een lijst met personen die in aanmerking komen voor de Service. Indien u hiervoor in aanmerking komt, kunnen uw naam, recente functie, thuisadres, telefoonnummer, e-mailadres, afdeling of bedrijfseenheid, en andere Persoonsgegevens op de lijst van de Opdrachtgever vermeld worden.
Wanneer u zich als Deelnemer inschrijft bij RS, deelt u relevante (documenten met) persoonsgegevens met ons, waaronder hetgeen volgt:
Bij inschrijving en tijdens de Service:
- NAW gegevens, e-mail adres en andere contactgegevens
- geboortedatum, leeftijd en geslacht
- curriculum vitae (CV), recente functie, huidige en vorige werkgevers, informatie over opleiding en training, bemiddelingen, werkervaring, taalvaardigheden, werkgelegenheidsdoelstellingen, verwachtingen van vergoeding, interesses
- uw professioneel sociale media profiel en relevante profielen van uw netwerk
- informatie over trainingen en opleidingen en/of testen die u zelf of via ons hebt gevolgd of gedaan
- gegevens over beschikbaarheid en verlof
- andere gegevens die van belang (kunnen) zijn in het kader van de beoordeling van uw geschiktheid, bijvoorbeeld referenties en getuigschriften
- pasfoto en video (introductie) - op vrijwillige basis
- informatie over uw mijlpaalvooruitgang en status in uw zoektocht naar een job
- informatie over uw klanttevredenheid of andere feedback over de zoektocht naar werk en de Service
RS legt uitsluitend bijzondere persoonsgegevens vast als dat nodig is om aan haar wettelijke verplichtingen te voldoen, voor zover daarvoor toestemming is gegeven, of indien dit anders toegelaten is bij of krachtens de wet. Met ‘bijzondere persoonsgegevens’ wordt bedoeld gegevens over ras, godsdienst of levensovertuiging, politieke gezindheid, gezondheid, seksuele leven, lidmaatschap vakvereniging, strafrechtelijke persoonsgegevens en/of persoonsgegevens over onrechtmatig of hinderlijk gedrag.
Voor uw persoonlijke webaccount die u bij de Service kunt aanmaken, kan RS u vragen om een unieke gebruikersnaam, wachtwoord en beveiligingsvraag aan te maken en kunt u deze logingegevens gebruiken om toegang te krijgen tot uw account. U gaat ermee akkoord om de geheimhouding van uw gebruikersnaam, wachtwoord en beveiligingsvraag te beschermen, en indien u deze geheimhouding niet respecteert, bent u volledig aansprakelijk voor alle daaruit resulterend gebruik, diefstal, wijziging, misbruik, bekendmaking of ander verlies gerelateerd aan uw Persoonlijke Gegevens of andere Informatie.
Samengevoegde gegevens
In een voortdurend streven naar het beter begrijpen en bedienen van de gebruikers van de Service, doet RS vaak research naar de demografische gegevens, interesses, resultaten en gedrag van haar gebruikers op basis van de aan RS verstrekte Persoonsgegevens en andere informatie. Deze research en andere meet- en analyseresultaten over gedrag, resultaten of beoordelingen van de gebruiker kunnen verzameld en geanalyseerd worden op samengevoegde basis, en RS mag deze samengevoegde gegevens met haar filialen, agenten en zakenpartners delen. Deze samengevoegde informatie identificeert u niet persoonlijk. RS mag ook samengevoegde gebruikersstatistieken bekendmaken om haar services aan huidige en toekomstige zakenpartners te beschrijven, en ook aan andere derden voor andere wettelijke doeleinden.
Hoe wij uw persoonsgegevens verzamelen
RS mag al uw Persoonsgegevens of andere informatie zowel digitaal als via interacties met u ontvangen of inbrengen. RS mag alle Persoonsgegevens en andere informatie van of over u combineren in een database.
Wanneer gebruik gemaakt wordt van RiseSmart Technologie, worden alle Persoonsgegevens en andere informatie van of over u samengebracht in een eigen database en kunnen deze opgeslagen worden op servers die worden gehost in de Verenigde Staten of in andere landen. Het personeel van RS of het personeel verantwoordelijk voor de RiseSmart Technologie mag online toegang krijgen tot uw account, het mag behoeften en actiepunten bepalen, en indien u op zoek bent naar werk, jobs posten op uw account vanuit gelijk welk kantoor, reis- of werklocatie.
Met het oog op de huidige correctheid van uw Persoonsgegevens en andere geregistreerde informatie kan RS u vragen en vereisen om uw Persoonsgegevens en andere informatie in uw account, indien beschikbaar, te verifiëren, en de informatie te bevestigen of verbeteren. RS neemt redelijke maatregelen om de via de Service verstrekte Persoonsgegevens en andere informatie te beschermen tegen verlies, misbruik en ongeoorloofde toegang, bekendmaking, wijziging of vernietiging. Geen enkele verzending via Internet of e-mail is echter ooit volledig veilig of foutloos. In het bijzonder kan het zijn dat e-mail of andere verzendingen gestuurd naar of van de Service niet veilig zijn. Daarom moet u zorgvuldig nadenken over welke gegevens u via e-mail of via enige andere verzendingsmethode naar RS stuurt. Gelieve hiermee rekening te houden wanneer u Persoonsgegevens of andere informatie via Internet naar RS stuurt.
Met wie kunnen wij uw persoonsgegevens (kandidaten, flexwerkers, zzp-ers) delen?
RS kan uw persoonsgegevens doorgeven aan andere RS entiteiten, haar klanten, onderaannemers (bijvoorbeeld gegevensverwerkers) die namens haar diensten verlenen of opdrachten uitvoeren, leveranciers, overheidsinstanties en andere zakelijke relaties en in alle overige gevallen waarin wij hiertoe kunnen worden verplicht, bijvoorbeeld door een gerechtelijk bevel of een gerechtelijk vonnis.
De verstrekking van de persoonsgegevens geschiedt op basis van een gerechtvaardigd belang, een wettelijke verplichting en/of ter uitvoering van de overeenkomst in overeenstemming met de doelen zoals genoemd bij “Waarom verzamelen wij uw persoonsgegevens?”, in de mate dat het voor hen noodzakelijk of nuttig is om hun specifieke functie uit te voeren.
RS kan gebruikmaken van RiseSmart Technologie om de Service te ondersteunen en om uw persoonsgegevens te registreren. RiseSmart Technologie wordt geleverd door RiseSmart, Inc. onze RiseSmart entiteit in de VS en wordt ondersteund door RiseSmart HR Services Pvt. Ltd. in India. Klanten en andere RS entiteiten en onderaannemers kunnen ook buiten Belgïe gesitueerd zijn. Uw persoonsgegevens kunnen daarom worden doorgegeven buiten Belgïe. RS heeft de nodige maatregelen genomen om te verzekeren dat de doorgegeven persoonsgegevens adequaat worden beschermd tegen verlies of onrechtmatige verwerking.
Bij de ontwikkeling van de activiteiten van RS mag RS activiteiten of activa verkopen. In het geval van een verkoop, fusie, reorganisatie, ontbinding of gelijkaardige gebeurtenis, kunnen Persoonsgegevens en andere informatie deel uitmaken van de overgedragen activa.
Hoe lang bewaren wij uw persoonsgegevens?
De bewaartermijnen die wij hanteren, zijn afhankelijk van de toepasselijke wettelijke bewaartermijnen.
Uw bemiddelingsgegevens (CV, werkervaring, opleiding, testresultaten etc.) zijn beschikbaar tot twee jaar na het laatste contact.
Indien u niet langer gebruik wenst te maken van onze Service en, waar relevant, dit toegestaan is onder uw overeenkomst met de Klant, kunt u zich uitschrijven via uw contactpersoon.
(contactgegevens van medewerkers van Klanten, prospects, leveranciers, consulenten, referenten en elke andere instantie waarmee wij een zakelijke relatie onderhouden)
RS verwerkt de persoonsgegevens van betrokkenen die werkzaam zijn voor ondernemingen waarmee wij zaken doen (1) voor het doen van aanbiedingen voor en/of verstrekken van informatie over onze services en overige activiteiten, en (2) offertes en informatie aan te vragen en te bespreken voor services en producten aan HRS en (3) een zakelijke relatie te onderhouden en (4) een dienstverleningsovereenkomst te sluiten en te onderhouden.
We verwerken onder andere de volgende persoonsgegevens van zakelijke relaties:
- namen, contactgegevens en functies van contactpersonen.
RS kan de van haar zakelijke relaties verkregen persoonsgegevens doorgeven indien dit nodig is ter verwezenlijking van de doelstellingen van de zakenrelatie dan wel ten behoeve van de opdracht. Deze gegevens kunnen worden doorgegeven aan andere Randstad entiteiten, aan sollicitanten of kandidaten, zakenpartners en onderaannemers (bv. gegevensverwerkers) die namens RS diensten verlenen, en in alle overige gevallen waarin RS hiertoe verplicht kan worden, bijvoorbeeld door een gerechtelijk bevel of rechterlijk vonnis. Persoonsgegevens kunnen worden doorgegeven buiten Belgïe. RS heeft de nodige maatregelen genomen om te verzekeren dat alle doorgegeven persoonsgegevens adequaat worden beschermd tegen verlies of onrechtmatige verwerking.
Uw rechten
U heeft recht op inzage en/of wijziging van uw persoonsgegevens.
Voor Deelnemers, kandidaten en zakelijke relaties:
Indien u uw eigen account heeft, heeft u inzage in een groot deel van de over u geregistreerde persoonsgegevens. U kunt zelf op elk gewenst moment een aantal gegevens wijzigen zoals het doorvoeren van aanpassingen in uw CV of uw accountgegevens.
Als u inzage wenst in uw totale persoonsgegevensverwerking en/of gegevens wilt wijzigen of verwijderen die u zelf niet kunt aanpassen, dan kunt u contact opnemen met uw contactpersoon bij RS.
Voor overige relaties:
U hebt recht op inzage en wijziging van de over u geregistreerde persoonsgegevens. U kunt daartoe contact opnemen met uw contactpersoon bij RS.
Beveiliging
RS doet er alles aan om uw persoonsgegevens optimaal te beveiligen tegen verlies of onrechtmatig gebruik. Wij doen dit aan de hand van fysieke, administratieve, organisatorische en technische maatregelen.
Bijvoorbeeld: alleen geautoriseerden hebben toegang tot de gegevens. Indien en voor zover gegevens worden verstrekt aan gegevensverwerkers die namens haar diensten verlenen of opdrachten uitvoeren, is HRS met hen overeengekomen dat zij de persoonsgegevens eveneens optimaal beveiligen.
Contact; Vragen, opmerkingen, klachten of (vermoeden van) datalekken
Hebt u vragen, opmerkingen of klachten over de bescherming van uw persoonsgegevens door RS, dan kunt u schriftelijk of per e-mail contact met ons opnemen.
Hebt u vragen, opmerkingen of klachten over de bescherming van uw persoonsgegevens door RS, dan kunt u schriftelijk of per e-mail contact met ons opnemen.
We zullen redelijke maatregelen nemen om in ons bezit zijnde Persoonsgegevens die u eerder via de Service heeft voorgelegd, te updaten of te corrigeren. Gelieve uw account te gebruiken om uw Persoonsgegevens accuraat, up-to-date en volledig te houden. In het geval u problemen of vragen heeft in verband met deze Privacy Statement of gerelateerde privacy-aangelegenheden, kunt u contact opnemen met de privacy officer van RS, en wel op het volgende adres: information.security@randstadgroup.be
Is er sprake van een (vermoeden van) een datalek, dan verzoeken wij u dit direct te melden via dit e-mail address : information.security@randstadgroup.be
Wijzigingen
Deze versie is opgesteld in mei 2017.
RS kan van tijd tot tijd om uiteenlopende redenen veranderingen, aanvullingen of wijzigingen aanbrengen in haar Privacy Statement. Gelieve deze Privacy Statement regelmatig te controleren, en in het bijzonder alvorens u Persoonsgegevens verstrekt De meest recente Privacy Statement is te allen tijde in te zien op de website van RS. Deze versie is opgesteld in mei 2017.
Servicevoorwaarden - Dutch
Effective May 17th 2019
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Servicevoorwaarden
1. Aanvaarden van de voorwaarden.
Deze website wordt aan u beschikbaar gesteld door RiseSmart, divisie of Randstad Professionals nv (hierna genoemd RiseSmart), met hoofdzetel te Access Building, Avenue Charles Quint, 586 (bte 8), 1082 Brussel.
Door gebruik te maken van de website gaat u onvoorwaardelijk akkoord met deze gebruiksvoorwaarden. RiseSmart behoudt zich het recht voor de inhoud van deze voorwaarden te wijzigen. Bij gebruik van de website zijn steeds de op dat moment geldende voorwaarden, zoals vermeld op de website, van toepassing.
Belgisch recht is van toepassing op de toegang tot, het gebruik en de werking van onze website, de Servicevoorwaarden, onze dienstverlening en alle geschillen die daarop betrekking (kunnen) hebben. Uitsluitend de Belgische rechter is bevoegd om van dergelijke geschillen kennis te nemen.
2. Beschrijving van de Service
RiseSmart verleent outplacement services, career services, assessment & competence services, loopbaanfocus and employability services. RiseSmart verleent zijn diensten gedeeltelijk via deze website en de RiseSmart Technology voor wat Outplacement en career services betreft (hierna Service). fournit en partie ses services vie ce site internet et la Technologie RiseSmart pour l’ Outplacement et Career Services (ci-après Service). Nieuwe functies die worden toegevoegd aan de Service of deze uitbreiden, zijn ook onderworpen aan de Servicevoorwaarden en de Privacy Statement.
3. Algemene voorwaarden toegang en gebruik van de Service
3.1 Overeenkomstig de bepalingen van deze SVO, kunt u enkel voor wettelijke doeleinden toegang hebben tot en gebruik maken van de Service. Alle rechten, eigendomstitels en belangen in de Service en de onderdelen ervan blijven bij en behoren uitsluitend toe aan RiseSmart.
Het is verboden
(a) de Service in sublicentie te geven, door te verkopen, te verhuren, te leasen, over te dragen, toe te wijzen of op andere wijze commercieel te exploiteren of beschikbaar te stellen aan een derde;
(b) de Service te gebruiken op een onwettige manier (met inbegrip van, zonder daartoe beperkt te zijn, schending van wetgeving inzake gegevens-, privacybescherming of intellectuele eigendom) of op enige manier die de integriteit of werking van de Service of onderdelen ervan belemmert of verstoort;
(c) de Service te wijzigen, aan te passen of te hacken, of op andere wijze te trachten ongeoorloofde toegang te krijgen tot de Service of de hiermee gerelateerde systemen of netwerken; of
(d) Content te gebruiken op andere websites of andere media (bv. een netwerkomgeving). U dient zich te houden aan alle gedragscodes, beleidslijnen of andere richtlijnen die RiseSmart u verschaft of publiceert in samenhang met de Service, en u dient RiseSmart onverwijld te informeren in het geval van een beveiligingsprobleem in verband met de Service. Indien u van bepaalde diensten gebruik maakt, bent u bovendien onderworpen aan alle bijkomende voorwaarden die op deze diensten van toepassing zijn en die van tijd tot tijd op de Website gepubliceerd kunnen worden, met inbegrip van, zonder hiertoe beperkt te zijn, de Privacy Statement van RiseSmart.
3.2 Alle software die beschikbaar wordt gesteld door RiseSmart in samenhang met de Service (“Software”) bevat informatie waarop eigendomsrechten berusten en vertrouwelijke informatie die wordt beschermd door de toepasselijke wetgeving inzake intellectuele eigendom en andere wetgeving. Overeenkomstig de bepalingen van deze SVO verleent RiseSmart u hierbij een persoonlijk, niet-overdraagbaar, niet in sublicentie te geven en niet-exclusief recht en licentie de Software op slechts één enkel toestel in verband met de Service te gebruiken. U stemt ermee in dat u geen toegang probeert te krijgen tot de Service op andere manieren dan via de interface die door RiseSmart wordt geboden om toegang te krijgen tot de Service.
3.3 U bent volledig verantwoordelijk voor alle gegevens, informatie, feedback, suggesties, teksten, content en andere materialen die u uploadt, post, levert, verschaft of op andere wijze verzendt of opslaat (hierna “verzend(en)(ing)”) in verband met of met betrekking tot de Service ("Uw Content"). U verklaart en garandeert hierbij dat Uw Inhoud die door u in verband met de Service wordt verzonden, accuraat, waar en volledig is (met inbegrip van uw CV, biografische gegevens en tewerkstellingsinformatie, wanneer u de Service gebruikt als werkzoekende). U bent verantwoordelijk voor het behoud van de vertrouwelijkheid van uw login, wachtwoord en account en voor alle activiteiten die zich voordoen onder uw login of account. RiseSmart behoudt zich het recht voor toegang te hebben tot uw account om te reageren op uw verzoeken om technische ondersteuning. Door Uw Content op of via de Service te verzenden, verleent u RiseSmart een wereldwijde, niet-exclusieve, doorlopende, onherroepelijke, royaltyvrije, volledig betaalde, in sublicentie te geven en overdraagbare licentie om Uw Content te gebruiken, wijzigen, reproduceren, verspreiden, tonen, publiceren en uit voeren in verband met de Service. U stemt er verder mee in dat RiseSmart Content om welke reden dan ook kan verwijderen of uitschakelen (met inbegrip van, maar niet beperkt tot, na ontvangst van vorderingen of beschuldigingen van derden of autoriteiten die verband houden met dergelijke Content) of zonder enige reden.
3.4 U begrijpt dat de werking van de Service, inclusief Uw Content, ongecodeerd mag zijn en onderworpen mag zijn aan
(a) transmissies over verschillende netwerken,
(b) veranderingen om te beantwoorden aan en zich aan te passen aan technische vereisten voor het aansluiten van netwerken of toestellen,
(c) overdracht naar derden leveranciers en hostingpartners van RiseSmart om de benodigde hardware, software, netwerken, opslag en aanverwante technologie te leveren die nodig zijn om de Service te bedienen en onderhouden, en
(d) overdracht aan andere derden in verband met de verlening van de Service aan u. Bijgevolg erkent u dat u de enige verantwoordelijkheid voor voldoende beveiliging, bescherming en back-up van Uw Content draagt. RiseSmart draagt geen aansprakelijkheid jegens u voor onbevoegde toegang tot of gebruik van Uw Content, of enige beschadiging, verwijdering, vernietiging of verlies van Uw Content.
3.5 Indien u werkzoekende bent, stemt u er bovendien mee in af te gaan op uw eigen oordeelsvermogen, behoedzaamheid en gezond verstand bij de beoordeling van mogelijke werkgevers en informatie die door deze of via Service wordt verstrekt en dat u uitsluitend het risico draagt van het vertrouwen dat u stelt in of het gebruik dat u maakt van de Content (met inbegrip van job leads of aanbevelingen) die door de Service wordt verschaft.
3.6 Indien RiseSmart rechten of bepalingen van deze SVO niet uitvoert of handhaaft, houdt dit niet in dat afstand wordt gedaan van dat recht.
3.7 U erkent dat een Klant van RiseSmart RiseSmart mag inschakelen voor bijstand bij de zoektocht naar werk en coaching voor hun huidige en/of vorige werknemers via de Service ("Klantencontracten").
3.8 Indien u gebruik maakt van de Service krachtens een Klantencontract, erkent u dat de Service die u ter beschikking is gesteld in geen geval de reikwijdte, duur of andere beperkingen overschrijden van de Klantencontract krachtens dewelke u toegang hebt gekregen tot de Service.
3.9 U stemt ermee in dat RiseSmart
(a) algemene praktijken en beperkingen mag vastleggen betreffende het gebruik van de Service, met inbegrip van, maar niet beperkt tot, de maximale tijdsduur dat de Content door de Service wordt bewaard en de maximale opslagruimte die u wordt toegekend,
(b) dat RiseSmart geen verantwoordelijkheid of aansprakelijkheid draagt voor het verwijderen of niet opslaan van Content die wordt bewaard en geüpload naar de Service, en
(c) dat RiseSmart Content mag bewaren en openbaar maken indien zij hiertoe bij wet verplicht wordt of indien zij in goed vertrouwen ervan overtuigd is dat dergelijke bewaring of bekendmaking redelijkerwijs noodzakelijk is om:
(i) te voldoen aan juridische procedures, toepasselijke wetgeving of verzoeken vanwege de overheid;
(ii) deze SVO af te dwingen;
(iii) antwoord te geven op eisen volgens dewelke Content de rechten van derden zou schenden; of
(iv) de rechten, eigendom of persoonlijke veiligheid van RiseSmart, haar gebruikers en het publiek te beschermen.
4. Vertegenwoordiging en garanties
In verband met het gebruik van deze Service komt u overeen om de volgende handelingen NIET te stellen: inbreuk maken op wetten en reglementen waaronder, zonder beperking, antidiscriminatiewetgeving of wetgeving in verband met gelijke kansen bij de tewerkstelling; inbreuk maken op intellectuele-eigendomsrechten en privacyrechten waaronder, zonder beperking, octrooien, auteursrechten, handelsmerken of handelsgeheimen van derden; informatie uploaden, openbaar maken, doorgeven of opslaan die: illegaal, lasterlijk, frauduleus, is; een inbreuk vormt op uw contractuele of vertrouwelijkheidsverplichtingen; de normale werking van de Website verstoort of hindert, zoals het aanbrengen of doorsturen van virussen, het voortdurend en herhaaldelijk publiceren van dezelfde informatie of het publiceren van informatie met een abnormale omvang; of niet toegestaan is door RiseSmart, waaronder, zonder beperking, niet goedgekeurde reclame, ongevraagde advertenties; inbreuk maken op de privacy- of persoonsrechten van anderen door misbruik te maken van de Informatie waaronder, zonder beperking, het pesten of "stalken" van een andere persoon, ongevraagde e-mail doorsturen en de persoonsgegevens van anderen verzamelen; inbreuk maken of pogingen ondernemen om inbreuk te maken op beveiligingsmaatregelen van de Website; gebruik maken van een toestel, proces of mechanisme om controle uit te oefenen op, informatie op te halen van, informatie op te zoeken op of zich toegang te verschaffen tot de Website of de Informatie zonder de voorafgaande schriftelijke toestemming van RiseSmart, bijvoorbeeld via een "spider" of robot; u toegang verschaffen of pogingen ondernemen om u toegang te verschaffen tot een account of inlogcode van derden die op de Website worden vermeld; onjuiste, valse of onvolledige informatie bekendmaken of aanreiken betreffende o.a. uw cv, biografische gegevens, vacature en bedrijfsprofiel; u uitgeven voor een andere persoon of entiteit; de informatie van een hoofding in een elektronische bekendmaking of e-mail vervalsen; u anders voordoen dan u bent en uw connectie met derden of uw entiteit anders voorstellen dan deze zijn.
5. Beëindiging.
Indien u gebruik maakt van de Service in het kader van een Klantencontract, erkent u dat uw toegang tot dergelijke Service zal eindigen wanneer Klantencontract vervalt of ten einde komt.
RiseSmart behoudt zich het recht voor
(i) de Service (of een deel ervan) te wijzigen of, tijdelijk of permanent, te onderbreken en
(ii) alle huidig of toekomstig gebruik van de Service te weigeren, uw account (of een deel ervan) of gebruik van de Service op te schorten of te beëindigen en Uw Content op de Service te verwijderen, voor welke reden dan ook, waaronder indien RiseSmart meent dat u deze SVO heeft geschonden.
RiseSmart is niet aansprakelijk jegens u of een derde voor enige wijziging, opschorting of stopzetting van de Service. RiseSmart zal in goed vertrouwen trachten u te contacteren om u voorafgaand op de hoogte te brengen van de opschorting of beëindiging van uw account bij RiseSmart.
Al Uw Content op de Service (indien van toepassing) kan door RiseSmart naar eigen goeddunken permanent verwijderd worden na beëindiging van uw account.
6. Disclaimer.
RiseSmart niet garandeert dat de Service ononderbroken, tijdig, veilig, foutvrij of virusvrij zal zijn en dat geen enkele informatie, advies of diensten die u bekomt van RiseSmart of via de Services enige garantie zal vormen die niet uitdrukkelijke indeze SVO is vermeld.
In geen geval zal RiseSmart op enige wijze aansprakelijk zijn voor content of materiaal van derden (waaronder gebruikers).
7. Apple-compatibele softwareapplicaties
RiseSmart biedt softwareapplicaties die bedoeld zijn om om te worden aangestuurd op producten die commercieel verkrijgbaar zijn bij Apple Inc. (“Apple”), naast andere platformen. Betreffende de Software die ter beschikking is gesteld voor gebruik in samenhang met een product van het merk Apple (deze Software "Apple-compatibele Software") zijn de volgende voorwaarden bijkomend aan de andere bepalingen voorzien in deze SVO van toepassing:
RiseSmart en u erkennen dat deze SVO uitsluitend tussen RiseSmart en u wordt afgesloten, en niet met Apple, en dat wat betreft RiseSmart en Apple het enkel RiseSmart is, en niet Apple, die uitsluitend aansprakelijk is voor de Apple-compatibele Software en de inhoud hiervan.
Het is verboden de Apple-compatibele Software te gebruiken op een manier die in schending is of strijdig is met de Gebruiksregels voor Apple-compatibele Software vervat in, of die anderszins in strijd is met de Servicevoorwaarden van de App Store.
Effective April 10th 2019 to May 17th 2019
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Conditions du Service
1. Acceptation des conditions.
Ce Site Internet est mis à votre disposition par RiseSmart, une division de Randstad Professionals nv (ci-après désignée RiseSmart), dont le siège social est situé Access Building, Avenue Charles Quint, 586 (bte 8), 1082 Bruxelles.
En faisant usage de ce site internet, vous marquez inconditionnellement votre accord avec les présentes conditions du Service. RiseSmart se réserve le droit de modifier le contenu desdites conditions. Lors de l’utilisation du Site Internet, les conditions en vigueur à ce moment-là, telles qu’elles sont mentionnées sur le Site Internet, sont toujours d’application.
L’accès à notre Site Internet, son utilisation et son fonctionnement sont régis par le droit belge qui est également d’application sur les conditions du Service, notre prestation de services et tous les litiges qui peuvent les concerner. Le juge belge est seul compétent pour prendre connaissance des litiges en question.
2. Description des Services
RiseSmart fournit des services d’Outplacement, de Career Services, de Competence and Assessment Services, d’Employability et de Loopbaanfocus. RiseSmart fournit en partie ses services vie ce site internet et la Technologie RiseSmart pour l’ Outplacement et Career Services (ci-après Service). Les nouvelles fonctions qui s’ajoutent au Service ou qui l’élargissent sont également soumises aux conditions du Service et au Privacy Statement
3. Conditions générales d’accès et d’utilisation du Service
3.1 Conformément aux dispositions des présentes conditions de Service, vous ne pouvez avoir accès au Service et l’utiliser que pour des fins légales. L’ensemble des droits, des titres de propriétés et des intérêts dans le Service et des éléments de ceux-ci continuent d’appartenir exclusivement à RiseSmart.
Il est interdit
(a) de donner le service en sous–licence, de le vendre, de le donner en location ou en leasing, de le céder, de l’attribuer, de l’exploiter commercialement de toute autre manière ou de le mettre à la disposition d’un tiers;
(b) d’utiliser le Service de manière illégale (en ce compris, sans que cette énumération soit limitative, en violant la législation relative à la protection des données et à la protection de la vie privée ou à la propriété intellectuelle) ou de toute autre manière qui entrave ou perturbe l’intégrité ou le fonctionnement du Service ou d’éléments du Service;
(c) de modifier, d’adapter ou de pirater le Service, de chercher de toute autre manière à obtenir un accès illicite au Service ou aux systèmes ou réseaux qui y sont liés ; ou
(d) d’en utiliser le contenu sur d’autres sites Internet ou sur d’autres médias (par exemple un environnement réseau). Vous devez respecter la totalité des codes de conduite, des lignes d’orientation ou des autres directives que RiseSmart vous fournit ou publie en lien avec le Service, et vous devez immédiatement informer RiseSmart en cas de problème de sécurité concernant le Service. Si vous faites usage du Service, vous êtes en outre soumis à toutes les conditions complémentaires qui sont d’application sur ces services et qui sont régulièrement publiées sur le Site Internet, en ce compris, mais sans s’y limiter, le Privacy Statement de RiseSmart.
3.2 Tous les logiciels qui sont mis à disposition par RiseSmart dans le cadre du Service (“Software”) contiennent des informations sur lesquelles il existe des droits de propriété et des informations confidentielles qui sont protégées par la législation applicable en matière de propriété intellectuelle, ainsi que par d’autres dispositions légales. Conformément aux dispositions des présentes conditions, RiseSmart, vous octroie à titre personnel sur le software un droit et une licence, non cessibles, qui ne peuvent faire l’objet d’une sous-licence, et qui ne sont pas exclusifs et cela sur un seul appareil à utiliser dans le cadre du Service. Vous indiquez par la présente que vous n’essayerez pas d’obtenir un accès au Service par d’autres manières que par l’interface proposée par RiseSmart pour accéder au Service.
3.3 Vous êtes entièrement responsable de l’ensemble des données, informations, feed-back, suggestions, textes, contenus et autres matériaux que vous uploadez, postez, fournissez, transmettez ou d’une autre manière envoyer ou diffusez sur le site (ci-après « envoi(s)/envoyer ») relativement au Service (« Votre Contenu »). Vous déclarez que vous garantissez par la présente que Votre Contenu, que vous envoyez dans le cadre du Service, est exact, précis et complet (en ce compris votre CV, les données biographiques et les informations sur les emplois exercés lorsque vous utilisez le Service comme demandeur d’emploi). Vous êtes responsable du maintien de la confidentialité de votre login, de votre mot de passe et de votre compte, et de toutes les activités qui se déroulent dans le cadre de votre login ou de votre compte. RiseSmart se réserve le droit d’accéder à votre compte pour réagir à vos demandes de soutien technique. En envoyant Votre Contenu sur ou via le Service, vous octroyez à RiseSmart une licence mondiale, non exclusive, permanente, irrévocable, libre de royalties, entièrement payée, susceptible d’être donnée en sous-licence, qui lui permet d’utiliser, de modifier, de reproduire, de diffuser, d’afficher, de publier et de mettre en œuvre Votre Contenu dans le cadre du Service. Vous marquez également votre accord avec le fait que RiseSmart peut, pour quelque motif que ce soit, supprimer ou désactiver du Contenu (en ce compris, mais sans s’y limiter, après avoir reçu des demandes ou des accusations de tiers ou d’autorités concernant le Contenu en question), ou sans aucun motif.
3.4 Vous comprenez que le fonctionnement du Service, en ce compris Votre Contenu, peut être décodé et qu’il peut être soumis
(a) à des transmissions sur différents réseaux,
(b) à des changements pour répondre et s’adapter aux exigences techniques pour le raccordement de réseaux ou d’appareils,
(c) à un transfert vers des tiers fournisseurs et partenaires d’hébergement de RiseSmart pour fournir le hardware, le software, les réseaux, le stockage et la technologie afférente, qui sont nécessaires pour assurer et entretenir le Service, et
(d) à un transfert à d’autres tiers dans le cadre de la prestation du Service en votre faveur. Par conséquent, vous reconnaissez que vous assumez l’entière responsabilité d’assurer une sécurité, une protection et une sauvegarde suffisantes de Votre Contenu. RiseSmart ne porte aucune responsabilité à votre égard pour tout accès à Votre Contenu ou pour toute utilisation non autorisée de Votre Contenu, ou pour tout dommage, suppression, destruction ou perte de Votre Contenu.
3.5 Si vous êtes demandeur d’emploi, vous convenez en outre que vous vous fondez sur votre propre capacité de jugement, votre prudence et votre bon sens lors de l’évaluation des employeurs potentiels et des informations qui vous sont fournies par ceux-ci ou via le Service et que vous supportez exclusivement le risque de la confiance que vous mettez dans le Contenu qui est fourni par le Service, et dans l’utilisation que vous en faites (en ce compris les offres d’emplois ou recommandations).
3.6 Si RiseSmart n’applique pas des droits ou des dispositions des présentes conditions, cela ne veut pas dire qu’il est renoncé à faire usage de ce droit.
3.7 Vous reconnaissez qu’un client de RiseSmart peut faire intervenir RiseSmart pour bénéficier d’une assistance dans la recherche de travail ou d’un coaching pour ses salariés actuels et/ou ses anciens salariés, via le Service (« Contrats clients ").
3.8 Si vous faites usage du Service en vertu d’un Contrat clients, vous reconnaissez que le service qui est mis à votre disposition ne dépassera en aucun cas la portée, la durée ou les autres limitations du Contrat clients en vertu duquel vous avez eu accès au Service.
3.9 Vous convenez
(a) que RiseSmart peut fixer des pratiques et des limitations générales concernant l’utilisation du Service, en ce compris, mais sans s’y limiter, la durée maximale durant laquelle le Contenu est conservé par le Service et l’espace maximal de stockage qui vous est attribué,
(b) que RiseSmart ne porte aucune responsabilité en cas de suppression ou de non–stockage du Contenu qui est conservé et uploadé vers le Service, et
(c) que RiseSmart peut conserver et publier du Contenu si elle y est obligée par la loi ou si, de bonne foi, elle est convaincue qu’une telle conservation ou une telle publication sont nécessairement raisonnables pour:
(i) satisfaire à des procédures juridiques, à la législation applicable ou à des demandes des pouvoirs publics;
(ii) appliquer la présente convention ;
(iii) répondre à des actions suivant lesquelles le contenu violerait les droits de tiers ; ou
(iv) protéger les droits, la propriété ou la sécurité personnelle de RiseSmart, de ses utilisateurs et du public.
4. Représentation et garanties
En matière d’utilisation du présent Service vous convenez de ne PAS poser les actes suivants : enfreindre les lois et les règlements parmi lesquels, sans limitation, la législation contre la discrimination ou la législation relative à l’égalité des chances en matière d’emploi et de travail ; enfreindre les droits de propriété intellectuelle et les droits au respect de la vie privée notamment, sans limitation, les brevets, les droits d’auteur, les marques de commerce ou les secrets commerciaux de tiers ; uploader, publier, transmettre ou stocker des informations qui sont illégales, diffamatoires, frauduleuses ; enfreindre vos obligations contractuelles ou de confidentialité ; perturber ou gêner le fonctionnement normal du Site Internet, notamment en introduisant ou en transmettant des virus, ou en publiant de manière permanente et répétée les mêmes informations, ou en publiant des informations d’une ampleur anormale, ou qui ne sont pas autorisées par RiseSmart, parmi lesquelles, mais sans s’y limiter, de la publicité non autorisée ou des annonces publicitaires non sollicitées ; porter atteinte au droit au respect de la vie privée ou aux droits de la personne d’autrui en faisant une utilisation abusive des Informations, notamment, mais sans s’y limiter, le harcèlement envers une autre personne, l’envoi d’e-mails non demandés et la collecte de données personnelles concernant d’autres personnes ; porter atteinte ou entreprendre de porter atteinte aux mesures de sécurité du Site Internet ; faire usage d’un appareil, d’un processus ou d’un mécanisme visant à exercer le contrôle du Site Internet, à rechercher des Informations du Site Internet, ou à obtenir l’accès au Site Internet et à l’Information sans une autorisation écrite préalable de RiseSmart, par exemple via un "spider" ou robot ; vous procurer l’accès, ou entreprendre de vous procurer l’accès, à un compte ou un code d’ouverture de session de tiers qui sont mentionnés sur le Site Internet ; publier ou mettre à disposition des informations inexactes, fausses ou incomplètes concernant notamment votre CV, vos données biographiques, l’emploi vacant et le profil de l’entreprise ; vous faire passer pour une autre personne ou entité ; falsifier les informations d’un en-tête dans une publication électronique ou un e-mail ; vous présenter comme quelqu’un d’autre que celui que vous êtes et présenter vos liens avec des tiers ou avec votre entité autrement qu’ils ne sont en réalité.
5. Cessation.
Si vous faites usage du Service dans le cadre d’un Contrat clients, vous reconnaissez que votre accès à ce Service prendra fin lorsque le Contrat clients sera résilié ou qu’il viendra à expiration.
RiseSmart se réserve le droit
(i) de modifier le Service (ou une partie de celui-ci) ou de l’interrompre de manière temporaire ou permanente, et
(ii) de refuser toute utilisation présente ou future du Service, de votre compte (ou d’une partie de celui-ci) ou de suspendre l’utilisation du Service ou d’y mettre fin, ou de supprimer Votre Contenu du Service pour quelque motif que ce soit et notamment si RiseSmart estime que vous avez enfreint les présentes conditions du Service.
RiseSmart n’est pas responsable envers vous ou envers un tiers en raison d’une quelconque modification, suspension ou interruption du Service. RiseSmart s’efforcera de bonne foi de vous contacter pour vous informer préalablement de la suspension ou de la cessation de votre compte auprès de RiseSmart.
Tout Votre Contenu sur le Service (le cas échéant) peut à tout moment être supprimé à la guise de RiseSmart après la clôture de votre compte.
6. Disclaimer.
RiseSmart ne garantit pas que le Service sera fourni de manière ininterrompue, en temps utile, de manière sûre, sans erreur ni virus et qu’aucune information, aucun conseil ou aucun service que vous obtenez de RiseSmart ou via le Service ne constituera une quelconque garantie qui ne serait pas expressément mentionnée dans les présentes conditions du Service.
En aucun cas RiseSmart ne sera de quelque manière que ce soit responsable du contenu ou du matériel de tiers (parmi lesquels les utilisateurs).
7. Applications software compatibles avec Apple
RiseSmart propose des applications software qui sont destinées à être utilisées sur des produits qui sont commercialisés par Apple Inc. (« Apple »), à côté d’autres plates-formes. S’agissant du Software qui est mis à disposition pour être utilisé en connexion avec un produit de la marque Apple (ce Software est désigné comme « le Software compatible Apple »), les conditions suivantes sont d’application en plus des autres dispositions prévues dans la présente convention :
RiseSmart et vous-même reconnaissez que la présente convention a été conclue exclusivement entre RiseSmart et vous-même, et non avec Apple, et que pour ce qui concerne RiseSmart et Apple, seule RiseSmart, et non Apple, assume la responsabilité exclusive du Software compatible Apple et de son contenu.
Il est interdit d’utiliser le Software compatible Apple d’une manière qui constituerait une violation aux qui irait à l’encontre des règles d’utilisation pour le Software compatible Apple figurant dans les conditions de service de l’App Store ou qui d’une toute autre manière serait contraire à ces conditions de service.
Effective June 20th 2017 to April 10th 2019
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Servicevoorwaarden
- Aanvaarden van de voorwaarden.
Deze website wordt aan u beschikbaar gesteld door RiseSmart, divisie of Randstad Professionals nv (hierna genoemd RiseSmart), met hoofdzetel te Access Building, Avenue Charles Quint, 586 (bte 8), 1082 Brussel.
Door deze Servicevoorwaarden te aanvaarden of door gebruik te maken van de website gaat u onvoorwaardelijk akkoord met deze gebruiksvoorwaarden. RiseSmart behoudt zich het recht voor de inhoud van deze voorwaarden te wijzigen. Bij gebruik van de website zijn steeds de op dat moment geldende voorwaarden, zoals vermeld op de website, van toepassing.
Belgisch recht is van toepassing op de toegang tot, het gebruik en de werking van onze website, de Servicevoorwaarden, onze dienstverlening en alle geschillen die daarop betrekking (kunnen) hebben. Uitsluitend de Belgische rechter is bevoegd om van dergelijke geschillen kennis te nemen.
- Beschrijving van de Service
RiseSmart verleent outplacement services, career management services, assessment & competence services and employability services. De Service omvat (a) de website, (b) RiseSmart’s outplacement services, career management services, assessment & competence services and employability services., gerelateerde RiseSmart Technologie en andere gerelateerde services (waaronder file management en analytics services), en (c) alle software, materialen, portalen, aanbevelingen, job leads, data, rapporten, teksten, afbeeldingen, geluiden, video, analyses en andere content die beschikbaar is gesteld door het hiervoor genoemde. Nieuwe functies die worden toegevoegd aan de Service of deze uitbreiden, zijn ook onderworpen aan de Servicevoorwaarden en deze Privacy Statement.
- Algemene voorwaarden toegang en gebruik van de Service
3.1 Overeenkomstig de bepalingen van deze SVO, kunt u enkel voor wettelijke doeleinden toegang hebben tot en gebruik maken van de Service. Alle rechten, eigendomstitels en belangen in de Service en de onderdelen ervan blijven bij en behoren uitsluitend toe aan RiseSmart.
Het is verboden (a) de Service in sublicentie te geven, door te verkopen, te verhuren, te leasen, over te dragen, toe te wijzen of op andere wijze commercieel te exploiteren of beschikbaar te stellen aan een derde; (b) de Service te gebruiken op een onwettige manier (met inbegrip van, zonder daartoe beperkt te zijn, schending van wetgeving inzake gegevens-, privacybescherming of intellectuele eigendom) of op enige manier die de integriteit of werking van de Service of onderdelen ervan belemmert of verstoort; (c) de Service te wijzigen, aan te passen of te hacken, of op andere wijze te trachten ongeoorloofde toegang te krijgen tot de Service of de hiermee gerelateerde systemen of netwerken; of (d) Content te gebruiken op andere websites of andere media (bv. een netwerkomgeving). U dient zich te houden aan alle gedragscodes, beleidslijnen of andere richtlijnen die RiseSmart u verschaft of publiceert in samenhang met de Service, en u dient RiseSmart onverwijld te informeren in het geval van een beveiligingsprobleem in verband met de Service. Indien u van bepaalde diensten gebruik maakt, bent u bovendien onderworpen aan alle bijkomende voorwaarden die op deze diensten van toepassing zijn en die van tijd tot tijd op de Website gepubliceerd kunnen worden, met inbegrip van, zonder hiertoe beperkt te zijn, de Privacy Statement van RiseSmart.
3.2 Alle software die beschikbaar wordt gesteld door RiseSmart in samenhang met de Service (“Software”) bevat informatie waarop eigendomsrechten berusten en vertrouwelijke informatie die wordt beschermd door de toepasselijke wetgeving inzake intellectuele eigendom en andere wetgeving. Overeenkomstig de bepalingen van deze SVO verleent RiseSmart u hierbij een persoonlijk, niet-overdraagbaar, niet in sublicentie te geven en niet-exclusief recht en licentie de Software op slechts één enkel toestel in verband met de Service te gebruiken. U stemt ermee in dat u geen toegang probeert te krijgen tot de Service op andere manieren dan via de interface die door RiseSmart wordt geboden om toegang te krijgen tot de Service.
3.3 U bent volledig verantwoordelijk voor alle gegevens, informatie, feedback, suggesties, teksten, content en andere materialen die u uploadt, post, levert, verschaft of op andere wijze verzendt of opslaat (hierna “verzend(en)(ing)”) in verband met of met betrekking tot de Service ("Uw Content"). U verklaart en garandeert hierbij dat Uw Inhoud die door u in verband met de Service wordt verzonden, accuraat, waar en volledig is (met inbegrip van uw CV, biografische gegevens en tewerkstellingsinformatie, wanneer u de Service gebruikt als werkzoekende). U bent verantwoordelijk voor het behoud van de vertrouwelijkheid van uw login, wachtwoord en account en voor alle activiteiten die zich voordoen onder uw login of account. RiseSmart behoudt zich het recht voor toegang te hebben tot uw account om te reageren op uw verzoeken om technische ondersteuning. Door Uw Content op of via de Service te verzenden, verleent u RiseSmart een wereldwijde, niet-exclusieve, doorlopende, onherroepelijke, royaltyvrije, volledig betaalde, in sublicentie te geven en overdraagbare licentie om Uw Content te gebruiken, wijzigen, reproduceren, verspreiden, tonen, publiceren en uit voeren in verband met de Service. U stemt er verder mee in dat RiseSmart Content om welke reden dan ook kan verwijderen of uitschakelen (met inbegrip van, maar niet beperkt tot, na ontvangst van vorderingen of beschuldigingen van derden of autoriteiten die verband houden met dergelijke Content) of zonder enige reden.
3.4 U begrijpt dat de werking van de Service, inclusief Uw Content, ongecodeerd mag zijn en onderworpen mag zijn aan (a) transmissies over verschillende netwerken, (b) veranderingen om te beantwoorden aan en zich aan te passen aan technische vereisten voor het aansluiten van netwerken of toestellen, (c) overdracht naar derden leveranciers en hostingpartners van RiseSmart om de benodigde hardware, software, netwerken, opslag en aanverwante technologie te leveren die nodig zijn om de Service te bedienen en onderhouden, en (d) overdracht aan andere derden in verband met de verlening van de Service aan u. Bijgevolg erkent u dat u de enige verantwoordelijkheid voor voldoende beveiliging, bescherming en back-up van Uw Content draagt. RiseSmart draagt geen aansprakelijkheid jegens u voor onbevoegde toegang tot of gebruik van Uw Content, of enige beschadiging, verwijdering, vernietiging of verlies van Uw Content.
3.5 Indien u werkzoekende bent, stemt u er bovendien mee in af te gaan op uw eigen oordeelsvermogen, behoedzaamheid en gezond verstand bij de beoordeling van mogelijke werkgevers en informatie die door deze of via Service wordt verstrekt en dat u uitsluitend het risico draagt van het vertrouwen dat u stelt in of het gebruik dat u maakt van de Content (met inbegrip van job leads of aanbevelingen) die door de Service wordt verschaft.
3.6 Indien RiseSmart rechten of bepalingen van deze SVO niet uitvoert of handhaaft, houdt dit niet in dat afstand wordt gedaan van dat recht.
3.7 U erkent dat een Klant van RiseSmart RiseSmart mag inschakelen voor bijstand bij de zoektocht naar werk voor hun huidige en/of vorige werknemers via de Service ("Klantencontracten").
3.8 Indien u gebruik maakt van de Service krachtens een Klantencontract, erkent u dat de Service die u ter beschikking is gesteld in geen geval de reikwijdte, duur of andere beperkingen overschrijden van de Klantencontract krachtens dewelke u toegang hebt gekregen tot de Service.
3.9 U stemt ermee in dat RiseSmart (a) algemene praktijken en beperkingen mag vastleggen betreffende het gebruik van de Service, met inbegrip van, maar niet beperkt tot, de maximale tijdsduur dat de Content door de Service wordt bewaard en de maximale opslagruimte die u wordt toegekend, (b) dat RiseSmart geen verantwoordelijkheid of aansprakelijkheid draagt voor het verwijderen of niet opslaan van Content die wordt bewaard en geüpload naar de Service, en (c) dat RiseSmart Content mag bewaren en openbaar maken indien zij hiertoe bij wet verplicht wordt of indien zij in goed vertrouwen ervan overtuigd is dat dergelijke bewaring of bekendmaking redelijkerwijs noodzakelijk is om: (i) te voldoen aan juridische procedures, toepasselijke wetgeving of verzoeken vanwege de overheid; (ii) deze SVO af te dwingen; (iii) antwoord te geven op eisen volgens dewelke Content de rechten van derden zou schenden; of (iv) de rechten, eigendom of persoonlijke veiligheid van RiseSmart, haar gebruikers en het publiek te beschermen.
- Vertegenwoordiging en garanties
In verband met het gebruik van deze Service komt u overeen om de volgende handelingen NIET te stellen: inbreuk maken op wetten en reglementen waaronder, zonder beperking, antidiscriminatiewetgeving of wetgeving in verband met gelijke kansen bij de tewerkstelling; inbreuk maken op intellectuele-eigendomsrechten en privacyrechten waaronder, zonder beperking, octrooien, auteursrechten, handelsmerken of handelsgeheimen van derden; informatie uploaden, openbaar maken, doorgeven of opslaan die: illegaal, lasterlijk, frauduleus, is; een inbreuk vormt op uw contractuele of vertrouwelijkheidsverplichtingen; de normale werking van de Website verstoort of hindert, zoals het aanbrengen of doorsturen van virussen, het voortdurend en herhaaldelijk publiceren van dezelfde informatie of het publiceren van informatie met een abnormale omvang; of niet toegestaan is door RiseSmart, waaronder, zonder beperking, niet goedgekeurde reclame, ongevraagde advertenties; inbreuk maken op de privacy- of persoonsrechten van anderen door misbruik te maken van de Informatie waaronder, zonder beperking, het pesten of "stalken" van een andere persoon, ongevraagde e-mail doorsturen en de persoonsgegevens van anderen verzamelen; inbreuk maken of pogingen ondernemen om inbreuk te maken op beveiligingsmaatregelen van de Website; gebruik maken van een toestel, proces of mechanisme om controle uit te oefenen op, informatie op te halen van, informatie op te zoeken op of zich toegang te verschaffen tot de Website of de Informatie zonder de voorafgaande schriftelijke toestemming van RiseSmart, bijvoorbeeld via een "spider" of robot; u toegang verschaffen of pogingen ondernemen om u toegang te verschaffen tot een account of inlogcode van derden die op de Website worden vermeld; onjuiste, valse of onvolledige informatie bekendmaken of aanreiken betreffende o.a. uw cv, biografische gegevens, vacature en bedrijfsprofiel; u uitgeven voor een andere persoon of entiteit; de informatie van een hoofding in een elektronische bekendmaking of e-mail vervalsen; u anders voordoen dan u bent en uw connectie met derden of uw entiteit anders voorstellen dan deze zijn.
- Beëindiging.
Indien u gebruik maakt van de Service in het kader van een Klantencontract, erkent u dat uw toegang tot dergelijke Service zal eindigen wanneer Klantencontract vervalt of ten einde komt.
RiseSmart behoudt zich het recht voor (i) de Service (of een deel ervan) te wijzigen of, tijdelijk of permanent, te onderbreken en (ii) alle huidig of toekomstig gebruik van de Service te weigeren, uw account (of een deel ervan) of gebruik van de Service op te schorten of te beëindigen en Uw Content op de Service te verwijderen, voor welke reden dan ook, waaronder indien RiseSmart meent dat u deze SVO heeft geschonden.
RiseSmart is niet aansprakelijk jegens u of een derde voor enige wijziging, opschorting of stopzetting van de Service. RiseSmart zal in goed vertrouwen trachten u te contacteren om u voorafgaand op de hoogte te brengen van de opschorting of beëindiging van uw account bij RiseSmart.
Al Uw Content op de Service (indien van toepassing) kan door RiseSmart naar eigen goeddunken permanent verwijderd worden na beëindiging van uw account.
- Disclaimer.
RiseSmart niet garandeert dat de Service ononderbroken, tijdig, veilig, foutvrij of virusvrij zal zijn en dat geen enkele informatie, advies of diensten die u bekomt van RiseSmart of via de Services enige garantie zal vormen die niet uitdrukkelijke indeze SVO is vermeld.
In geen geval zal RiseSmart op enige wijze aansprakelijk zijn voor content of materiaal van derden (waaronder gebruikers).
- Apple-compatibele softwareapplicaties
RiseSmart biedt softwareapplicaties die bedoeld zijn om om te worden aangestuurd op producten die commercieel verkrijgbaar zijn bij Apple Inc. (“Apple”), naast andere platformen. Betreffende de Software die ter beschikking is gesteld voor gebruik in samenhang met een product van het merk Apple (deze Software "Apple-compatibele Software") zijn de volgende voorwaarden bijkomend aan de andere bepalingen voorzien in deze SVO van toepassing:
RiseSmart en u erkennen dat deze SVO uitsluitend tussen RiseSmart en u wordt afgesloten, en niet met Apple, en dat wat betreft RiseSmart en Apple het enkel RiseSmart is, en niet Apple, die uitsluitend aansprakelijk is voor de Apple-compatibele Software en de inhoud hiervan.
Het is verboden de Apple-compatibele Software te gebruiken op een manier die in schending is of strijdig is met de Gebruiksregels voor Apple-compatibele Software vervat in, of die anderszins in strijd is met de Servicevoorwaarden van de App Store.
Monster Terms of Use
Effective November 4th 2017
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Terms of Service
This page states the Terms of Service (“Terms”) under which you (“You”) may use the Monster Resume Service (as defined below). These Terms include the Monster Privacy Policy, which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between You and Monster Worldwide, Inc. and its affiliates (collectively, “Monster”) and are deemed accepted by You each time that You use or access the Monster Resume Service. If You do not accept the Terms stated here, do not use the Monster Resume Service.
The “Resume Service” includes (a) the Resume Site (as defined below), (b) resume, cover letter and/or online profile writing services as then offered by Monster and other related services and related technologies, and (c) all software (including the Resume Software (as defined below)), materials, portals, recommendations, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (a) thru (c) (collectively, referred to as the “Resume Service Content”). Any new features added to or augmenting the Monster Resume Service are also subject to these Terms. The “Resume Site” means the Web site(s) controlled by Monster through which the Monster Resume Service is provided to You.
Monster may change these Terms from time to time without prior notice. The revised terms and conditions will become effective upon posting and if You use the Monster Resume Service after that date, Your use will constitute acceptance of the revised terms and conditions. If any change to these Terms is not acceptable to You, Your only remedy is to stop accessing and using the Monster Resume Service.
Users who violate these Terms may have their access and use of the Monster Resume Service suspended or terminated, at Monster’s discretion.
You must be 13 years of age or older to visit or use any of the Monster Resume Service in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Monster Resume Service under the supervision of a parent, legal guardian, or other responsible adult.
1.	Access and Use of the Monster Resume Service
1.1	Subject to the terms and conditions of these Terms (a) You may access and use the Monster Resume Service only for lawful purposes and only for Your personal and non-commercial uses and (b) Monster hereby grants to You a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable (in the sole and absolute discretion of Monster) right to use and access the Monster Resume Service as provided in these Terms. You agree not to access the Monster Resume Service by any means other than through the interface that is provided by Monster for use in accessing the Monster Resume Service.
1.2	You shall not (and shall not allow any third party to) (a) copy, reproduce, delete, distribute, download, store, transmit, publish, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, sublicense, resell, rent, lease, transfer, assign or time share the Monster Resume Service or otherwise commercially exploit or make the Monster Resume Service available to any third party, (b) use the Monster Resume Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Monster Resume Service or its components, (c) modify, adapt or hack the Monster Resume Service to, or otherwise attempt to gain unauthorized access to the Monster Resume Service or its related systems or networks, or (d) use any Monster Resume Service Content on other Web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices Monster provides You or publishes in connection with the Monster Resume Service, and You shall promptly notify Monster if You learn of a security breach related to the Monster Resume Service. In addition, when using certain services, You will be subject to any additional terms applicable to such services that may be posted on the Monster Resume Service from time to time.
1.3	All rights, title and interest in and to the Monster Resume Service and its components will remain with and belong exclusively to Monster. Any software that may be made available by Monster in connection with the Monster Resume Service (“Resume Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Monster or any third party is granted to You in connection with the Monster Resume Service.
1.4	You further agree to use Your own judgment, caution, and common sense in managing information offered by or obtained through the Monster Resume Service and that You bear the sole risk of any reliance or use of any Monster Resume Service Content provided through the Monster Resume Service.
1.5	The failure of Monster to exercise or enforce any right or provision of these Terms shall not be a waiver of that right. You acknowledge that these Terms are a contract between You and Monster, even though it is electronic and is not physically signed by You and Monster, and it governs Your use of the Monster Resume Service.
1.6	You agree that Monster (a) may establish general practices and limits concerning use of the Monster Resume Service, including without limitation the maximum period of time that Monster Resume Content will be retained by the Monster Resume Service and the maximum storage space that will be allotted on Your behalf, (b) Monster has no responsibility or liability for the deletion or failure to store any Monster Resume Content maintained by or uploaded to the Monster Resume Service, and (c) may preserve Monster Resume Content and may also disclose Monster Resume Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms, (iii) respond to claims that any Monster Resume Content violates the rights of third parties, or (iv) protect the rights, property, or personal safety of Monster, its users and the public. You further agree that Monster may remove or disable any Monster Resume Service Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Monster Resume Service Content), or for no reason at all.
1.7	You agree that Monster may engage third parties to provide all or parts of the Monster Resume Service.
2.	Payment
2.1	To the extent the Monster Resume Service or any portion thereof is made available for any fee, You will be required to select a service option and provide Monster information regarding Your credit card or other payment instrument. You represent and warrant to Monster that such information is true and that You are authorized to use the payment instrument. You will promptly update Your account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay Monster the amount that is specified for the service option selected in accordance with these Terms. You hereby authorize Monster to bill Your payment instrument in advance and before the commencement of the service option, and You further agree to pay any charges so incurred. If You dispute any charges You must let Monster know within sixty (60) days after the date that Monster charges You. Monster reserves the right to change Monster’s prices at any time, provided that, if You paid for a service option before the applicable price change, You will be provided the service option presented to You at the time for the price charged by Monster at such time.
2.2	All Monster Resume Service sales are final and there are no refunds once a purchase has been made with respect to the Monster Resume Service unless explicitly stated otherwise in these Terms. You are entitled to one revision of a resume, cover letter and/or online profile (as applicable) prepared through the Monster Resume Service based on feedback provided by You in a reasonable timeframe (i.e. within 60 calendar days of receiving the first draft of Your resume, cover letter and/or online profile (as applicable) from Monster). There is no trial or grace period after purchasing the Monster Resume Service. You agree to provide complete information (as reasonably determined by Monster) requested by Monster in a timely manner (i.e. within 30 calendar days of the request for information from Monster) to allow for the provision of the Monster Resume Service purchased by You. Failure by You to provide complete information (as reasonably determined by Monster) as requested by Monster in a timely fashion (i.e. within 30 calendar days of the request for information from Monster) may delay or prohibit Monster from providing all or some of the Monster Resume Service You purchased. In the event Monster cannot provide all or some of the Monster Resume Service purchased by You due to Your failure to provide complete information (as reasonably determined by Monster) requested by Monster in a reasonable time frame (i.e. within 30 calendar days of the request for information from Monster), Monster shall have the right to, in its sole and absolute discretion, discontinue providing the Monster Resume Service purchased by You and retain payment made by You.
3.	Your Material and Your Representations and Warranties
3.1	You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that You upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Monster Resume Service (“Your Material”). You hereby represent and warrant that Your Material transmitted by You with respect to the Monster Resume Service is (a) is legal, decent, accurate, complete, honest and truthful, (b) complies with all laws, rules and regulations, (c) does not infringe intellectual property rights of use or any third party, (d) is not subject to any duty of confidentiality and is non-proprietary, (e) is not defamatory, obscene, offensive, pornographic or otherwise objectionable, (f) is free of bugs, worms or viruses and (g) is not fraudulent, false, unreliable or misleading. You agree that Monster may remove Your Material from the Monster Resume Service if it deems that You are in breach of the foregoing sentence or pursuant to other terms of these Terms.
3.2	You understand that the operation of the Monster Resume Service, including Your Material may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to Monster’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Monster Resume Service, and (d) transmission to other third parties in connection with the provision to You of the Monster Resume Service. Accordingly, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your Material. Monster will have no liability to You for any unauthorized access or use of any of Your Material, or any corruption, deletion, destruction or loss of any of Your Material.
3.3	You are responsible for maintaining the confidentiality of Your login, password and account and for all activities that occur under Your login or account (if applicable). Monster reserves the right to access Your account in order to respond to Your requests for technical support. By transmitting Your Material on or through the Monster Resume Service, You hereby do and shall grant Monster a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Material in connection with the Monster Resume Service. Monster has the right, but not the obligation, to screen and monitor the Monster Resume Service, Monster Resume Service Content or Your Material.
3.4	In connection with Your use, You agree NOT to: (a) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws, (b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party, (c) upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of Your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Monster Resume Service, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by Monster, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials, (d) violate other's privacy rights or personal rights by abusing the Monster Resume Service, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information, (e) breach or attempt to breach any security measures of the Monster Resume Service, (e) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Monster Resume Service, (f) access or attempt to access any account or login of any third party listed on the Monster Resume Service, (g) post or submit any inaccurate, false, or incomplete information, such as Your resume, biographical data, or employment information, (h) impersonate any person or entity, (i) forge any header information in any electronic posting or mail, or (j) misrepresent Yourself, Your affiliation with any third party, or Your entity.
3.5	You further agree that Monster may remove or disable Your account and/or any of Your Material at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Material), or for no reason at all. You understand and acknowledge that You have no ownership rights in Your account. You agree that Monster (a) has no responsibility or liability for the deletion or failure to store any of Your Material maintained by or uploaded to the Monster Resume Service, and (b) may preserve Your Material and may also disclose Your Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms, (iii) respond to claims that Your Content violates the rights of third parties, or (iv) protect the rights, property, or personal safety of Monster, its users and the public.
4.	Termination
4.1	Monster reserves the right to (a) modify or discontinue, temporarily or permanently, the Monster Resume Service (or any part thereof) and (b) refuse any and all current and future use of the Monster Resume Service, suspend or terminate Your account (any part thereof) or use of the Monster Resume Service and remove and discard any of Your Material in the Monster Resume Service, for any reason, including if Monster believes that You have violated these Terms. Monster shall not be liable to You or any third party for any modification, suspension or discontinuation of the Monster Resume Service. Monster will use good faith efforts to contact You to warn You prior to suspension or termination of Your account by Monster. All of Your Material on the Monster Resume Service (if any) may be permanently deleted by Monster upon any termination of Your account in its sole discretion.
4.2	If Monster terminates Your account without cause and You have signed up for a fee bearing service, Monster will refund the pro-rated, unearned portion of any amount that You have prepaid to Monster for such Monster Resume Service. However, all accrued rights to payment and the terms of Section 3-11 shall survive termination of these Terms.
5.	DISCLAIMERS
5.1	THE MONSTER RESUME SERVICE, INCLUDING THE MONSTER RESUME SITE, MONSTER RESUME SERVICE CONTENT (INCLUDING RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND MONSTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MONSTER DOES NOT WARRANT THAT THE MONSTER RESUME SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR MONSTER RESUME SERVICES OBTAINED BY YOU FROM MONSTER OR THROUGH THE MONSTER RESUME SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MONSTER DOES NOT WARRANT OR GUARANTEE THAT YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE MONSTER RESUME SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE MONSTER RESUME SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
5.2	Under no circumstances will Monster be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Monster does not pre-screen content, but that Monster and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Monster Resume Service. You agree that You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
6.	LIMITATION OF LIABILITY
6.1	UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MONSTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
6.2	Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 5 (Disclaimers) and 6 (Limitation of Liability) may not apply to or be enforceable with respect to You. IN THESE STATES, MONSTER’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7.	Indemnification
7.1	You shall defend, indemnify, and hold harmless Monster from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Your breach of these Terms, any of Your Material, or Your other access, contribution to, use or misuse of the Monster Resume Service. Monster shall provide notice to You of any such claim, suit or demand. Monster reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting Monster’s defense of such matter. Notwithstanding the foregoing, You will have no obligation to indemnify, defend or hold harmless any Monster from or against any claims, actions or demands resulting from any action or inaction of Monster.
8.	DMCA; Policy of Terminating Users Who Infringe Intellectual Property Rights
8.1	If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Monster Resume Service in a way that constitutes copyright or trademark infringement, please contact Monster by email at DMCALegal@monster.com or by regular mail at: Monster Worldwide, Inc., Attn: Legal Department-DMCA, 133 Boston Post Road, Weston, Massachusetts 02493, USA.
8.2	Monster respects the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Monster Resume Service, You agree not to use any Monster Resume Service to infringe the intellectual property rights of others in any way. Monster reserves the right to terminate the accounts of any users, and block access to the Monster Resume Service of any users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Monster reserves the right, in its sole discretion, to take these actions to limit access to the Monster Resume Service and/or terminate the accounts of any time, in our sole discretion of users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Monster as set forth in Section 8.1 above.
9.	International Usage
9.1	The Monster Resume Service is controlled and operated by Monster from its offices within the United States of America. Monster makes no representation that the Monster Resume Service, or any related information offered by Monster are appropriate or available in other locations. Those who choose to access the Monster Resume Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Monster Resume Service in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You reside (if different from the United States).
10.	Links to Other Sites
10.1	The Monster Resume Service may contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Monster of the contents on such third-party Web sites. Monster is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
11.	General
11.1	You may not assign these Terms without the prior written consent of Monster, but Monster may assign or transfer these Terms, in whole or in part, without restriction.
11.2	These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to the principles of conflicts of law. Unless otherwise elected by Monster in a particular instance, You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the Commonwealth of Massachusetts for the purpose of resolving any dispute relating to Your access to or use of the Monster Resume Service.
11.3	If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Monster’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Monster’s ability to enforce such term at any point in the future.
11.4	Except as expressly provided in an additional agreement, additional terms for certain areas of Monster sites, a particular “Legal Notice,” or software license or material on particular pages on the Monster Resume Service, these Terms constitute the entire agreement between You and Monster with respect to the use of the Monster Resume Service Sites. No changes to these Terms shall be made except by a revised posting on this page.
Effective October 30, 2017
(End of Page)
Effective November 4th 2017 to November 4th 2017
DownloadTable of Contents
Terms of Service
This page states the Terms of Service (“Terms”) under which you (“You”) may use the Monster Resume Service (as defined below). These Terms include the Monster Privacy Policy, which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between You and Monster Worldwide, Inc. and its affiliates (collectively, “Monster”) and are deemed accepted by You each time that You use or access the Monster Resume Service. If You do not accept the Terms stated here, do not use the Monster Resume Service.
The “Resume Service” includes (a) the Resume Site (as defined below), (b) resume, cover letter and/or online profile writing services as then offered by Monster and other related services and related technologies, and (c) all software (including the Resume Software (as defined below)), materials, portals, recommendations, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (a) thru (c) (collectively, referred to as the “Resume Service Content”). Any new features added to or augmenting the Monster Resume Service are also subject to these Terms. The “Resume Site” means the Web site(s) controlled by Monster through which the Monster Resume Service is provided to You.
Monster may change these Terms from time to time without prior notice. The revised terms and conditions will become effective upon posting and if You use the Monster Resume Service after that date, Your use will constitute acceptance of the revised terms and conditions. If any change to these Terms is not acceptable to You, Your only remedy is to stop accessing and using the Monster Resume Service.
Users who violate these Terms may have their access and use of the Monster Resume Service suspended or terminated, at Monster’s discretion.
You must be 13 years of age or older to visit or use any of the Monster Resume Service in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Monster Resume Service under the supervision of a parent, legal guardian, or other responsible adult.
1.	Access and Use of the Monster Resume Service
1.1	Subject to the terms and conditions of these Terms (a) You may access and use the Monster Resume Service only for lawful purposes and only for Your personal and non-commercial uses and (b) Monster hereby grants to You a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable (in the sole and absolute discretion of Monster) right to use and access the Monster Resume Service as provided in these Terms. You agree not to access the Monster Resume Service by any means other than through the interface that is provided by Monster for use in accessing the Monster Resume Service.
1.2	You shall not (and shall not allow any third party to) (a) copy, reproduce, delete, distribute, download, store, transmit, publish, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, sublicense, resell, rent, lease, transfer, assign or time share the Monster Resume Service or otherwise commercially exploit or make the Monster Resume Service available to any third party, (b) use the Monster Resume Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Monster Resume Service or its components, (c) modify, adapt or hack the Monster Resume Service to, or otherwise attempt to gain unauthorized access to the Monster Resume Service or its related systems or networks, or (d) use any Monster Resume Service Content on other Web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices Monster provides You or publishes in connection with the Monster Resume Service, and You shall promptly notify Monster if You learn of a security breach related to the Monster Resume Service. In addition, when using certain services, You will be subject to any additional terms applicable to such services that may be posted on the Monster Resume Service from time to time.
1.3	All rights, title and interest in and to the Monster Resume Service and its components will remain with and belong exclusively to Monster. Any software that may be made available by Monster in connection with the Monster Resume Service (“Resume Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Monster or any third party is granted to You in connection with the Monster Resume Service.
1.4	You further agree to use Your own judgment, caution, and common sense in managing information offered by or obtained through the Monster Resume Service and that You bear the sole risk of any reliance or use of any Monster Resume Service Content provided through the Monster Resume Service.
1.5	The failure of Monster to exercise or enforce any right or provision of these Terms shall not be a waiver of that right. You acknowledge that these Terms are a contract between You and Monster, even though it is electronic and is not physically signed by You and Monster, and it governs Your use of the Monster Resume Service.
1.6	You agree that Monster (a) may establish general practices and limits concerning use of the Monster Resume Service, including without limitation the maximum period of time that Monster Resume Content will be retained by the Monster Resume Service and the maximum storage space that will be allotted on Your behalf, (b) Monster has no responsibility or liability for the deletion or failure to store any Monster Resume Content maintained by or uploaded to the Monster Resume Service, and (c) may preserve Monster Resume Content and may also disclose Monster Resume Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms, (iii) respond to claims that any Monster Resume Content violates the rights of third parties, or (iv) protect the rights, property, or personal safety of Monster, its users and the public. You further agree that Monster may remove or disable any Monster Resume Service Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Monster Resume Service Content), or for no reason at all.
1.7	You agree that Monster may engage third parties to provide all or parts of the Monster Resume Service.
2.	Payment
2.1	To the extent the Monster Resume Service or any portion thereof is made available for any fee, You will be required to select a service option and provide Monster information regarding Your credit card or other payment instrument. You represent and warrant to Monster that such information is true and that You are authorized to use the payment instrument. You will promptly update Your account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay Monster the amount that is specified for the service option selected in accordance with these Terms. You hereby authorize Monster to bill Your payment instrument in advance and before the commencement of the service option, and You further agree to pay any charges so incurred. If You dispute any charges You must let Monster know within sixty (60) days after the date that Monster charges You. Monster reserves the right to change Monster’s prices at any time, provided that, if You paid for a service option before the applicable price change, You will be provided the service option presented to You at the time for the price charged by Monster at such time.
2.2	All Monster Resume Service sales are final and there are no refunds once a purchase has been made with respect to the Monster Resume Service unless explicitly stated otherwise in these Terms. You are entitled to one revision of a resume, cover letter and/or online profile (as applicable) prepared through the Monster Resume Service based on feedback provided by You in a reasonable timeframe (i.e. within 60 calendar days of receiving the first draft of Your resume, cover letter and/or online profile (as applicable) from Monster). There is no trial or grace period after purchasing the Monster Resume Service. You agree to provide complete information (as reasonably determined by Monster) requested by Monster in a timely manner (i.e. within 30 calendar days of the request for information from Monster) to allow for the provision of the Monster Resume Service purchased by You. Failure by You to provide complete information (as reasonably determined by Monster) as requested by Monster in a timely fashion (i.e. within 30 calendar days of the request for information from Monster) may delay or prohibit Monster from providing all or some of the Monster Resume Service You purchased. In the event Monster cannot provide all or some of the Monster Resume Service purchased by You due to Your failure to provide complete information (as reasonably determined by Monster) requested by Monster in a reasonable time frame (i.e. within 30 calendar days of the request for information from Monster), Monster shall have the right to, in its sole and absolute discretion, discontinue providing the Monster Resume Service purchased by You and retain payment made by You.
3.	Your Material and Your Representations and Warranties
3.1	You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that You upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Monster Resume Service (“Your Material”). You hereby represent and warrant that Your Material transmitted by You with respect to the Monster Resume Service is (a) is legal, decent, accurate, complete, honest and truthful, (b) complies with all laws, rules and regulations, (c) does not infringe intellectual property rights of use or any third party, (d) is not subject to any duty of confidentiality and is non-proprietary, (e) is not defamatory, obscene, offensive, pornographic or otherwise objectionable, (f) is free of bugs, worms or viruses and (g) is not fraudulent, false, unreliable or misleading. You agree that Monster may remove Your Material from the Monster Resume Service if it deems that You are in breach of the foregoing sentence or pursuant to other terms of these Terms.
3.2	You understand that the operation of the Monster Resume Service, including Your Material may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to Monster’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Monster Resume Service, and (d) transmission to other third parties in connection with the provision to You of the Monster Resume Service. Accordingly, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your Material. Monster will have no liability to You for any unauthorized access or use of any of Your Material, or any corruption, deletion, destruction or loss of any of Your Material.
3.3	You are responsible for maintaining the confidentiality of Your login, password and account and for all activities that occur under Your login or account (if applicable). Monster reserves the right to access Your account in order to respond to Your requests for technical support. By transmitting Your Material on or through the Monster Resume Service, You hereby do and shall grant Monster a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Material in connection with the Monster Resume Service. Monster has the right, but not the obligation, to screen and monitor the Monster Resume Service, Monster Resume Service Content or Your Material.
3.4	In connection with Your use, You agree NOT to: (a) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws, (b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party, (c) upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of Your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Monster Resume Service, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by Monster, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials, (d) violate other's privacy rights or personal rights by abusing the Monster Resume Service, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information, (e) breach or attempt to breach any security measures of the Monster Resume Service, (e) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Monster Resume Service, (f) access or attempt to access any account or login of any third party listed on the Monster Resume Service, (g) post or submit any inaccurate, false, or incomplete information, such as Your resume, biographical data, or employment information, (h) impersonate any person or entity, (i) forge any header information in any electronic posting or mail, or (j) misrepresent Yourself, Your affiliation with any third party, or Your entity.
3.5	You further agree that Monster may remove or disable Your account and/or any of Your Material at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Material), or for no reason at all. You understand and acknowledge that You have no ownership rights in Your account. You agree that Monster (a) has no responsibility or liability for the deletion or failure to store any of Your Material maintained by or uploaded to the Monster Resume Service, and (b) may preserve Your Material and may also disclose Your Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms, (iii) respond to claims that Your Content violates the rights of third parties, or (iv) protect the rights, property, or personal safety of Monster, its users and the public.
4.	Termination
4.1	Monster reserves the right to (a) modify or discontinue, temporarily or permanently, the Monster Resume Service (or any part thereof) and (b) refuse any and all current and future use of the Monster Resume Service, suspend or terminate Your account (any part thereof) or use of the Monster Resume Service and remove and discard any of Your Material in the Monster Resume Service, for any reason, including if Monster believes that You have violated these Terms. Monster shall not be liable to You or any third party for any modification, suspension or discontinuation of the Monster Resume Service. Monster will use good faith efforts to contact You to warn You prior to suspension or termination of Your account by Monster. All of Your Material on the Monster Resume Service (if any) may be permanently deleted by Monster upon any termination of Your account in its sole discretion.
4.2	If Monster terminates Your account without cause and You have signed up for a fee bearing service, Monster will refund the pro-rated, unearned portion of any amount that You have prepaid to Monster for such Monster Resume Service. However, all accrued rights to payment and the terms of Section 3-11 shall survive termination of these Terms.
5.	DISCLAIMERS
5.1	THE MONSTER RESUME SERVICE, INCLUDING THE MONSTER RESUME SITE, MONSTER RESUME SERVICE CONTENT (INCLUDING RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND MONSTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MONSTER DOES NOT WARRANT THAT THE MONSTER RESUME SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR MONSTER RESUME SERVICES OBTAINED BY YOU FROM MONSTER OR THROUGH THE MONSTER RESUME SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MONSTER DOES NOT WARRANT OR GUARANTEE THAT YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE MONSTER RESUME SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE MONSTER RESUME SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
5.2	Under no circumstances will Monster be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Monster does not pre-screen content, but that Monster and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Monster Resume Service. You agree that You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
6.	LIMITATION OF LIABILITY
6.1	UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MONSTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
6.2	Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 5 (Disclaimers) and 6 (Limitation of Liability) may not apply to or be enforceable with respect to You. IN THESE STATES, MONSTER’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7.	Indemnification
7.1	You shall defend, indemnify, and hold harmless Monster from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Your breach of these Terms, any of Your Material, or Your other access, contribution to, use or misuse of the Monster Resume Service. Monster shall provide notice to You of any such claim, suit or demand. Monster reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting Monster’s defense of such matter. Notwithstanding the foregoing, You will have no obligation to indemnify, defend or hold harmless any Monster from or against any claims, actions or demands resulting from any action or inaction of Monster.
8.	DMCA; Policy of Terminating Users Who Infringe Intellectual Property Rights
8.1	If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Monster Resume Service in a way that constitutes copyright or trademark infringement, please contact Monster by email at DMCALegal@monster.com or by regular mail at: Monster Worldwide, Inc., Attn: Legal Department-DMCA, 133 Boston Post Road, Weston, Massachusetts 02493, USA.
8.2	Monster respects the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Monster Resume Service, You agree not to use any Monster Resume Service to infringe the intellectual property rights of others in any way. Monster reserves the right to terminate the accounts of any users, and block access to the Monster Resume Service of any users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Monster reserves the right, in its sole discretion, to take these actions to limit access to the Monster Resume Service and/or terminate the accounts of any time, in our sole discretion of users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Monster as set forth in Section 8.1 above.
9.	International Usage
9.1	The Monster Resume Service is controlled and operated by Monster from its offices within the United States of America. Monster makes no representation that the Monster Resume Service, or any related information offered by Monster are appropriate or available in other locations. Those who choose to access the Monster Resume Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Monster Resume Service in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You reside (if different from the United States).
10.	Links to Other Sites
10.1	The Monster Resume Service may contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Monster of the contents on such third-party Web sites. Monster is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
11.	General
11.1	You may not assign these Terms without the prior written consent of Monster, but Monster may assign or transfer these Terms, in whole or in part, without restriction.
11.2	These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to the principles of conflicts of law. Unless otherwise elected by Monster in a particular instance, You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the Commonwealth of Massachusetts for the purpose of resolving any dispute relating to Your access to or use of the Monster Resume Service.
11.3	If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Monster’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Monster’s ability to enforce such term at any point in the future.
11.4	Except as expressly provided in an additional agreement, additional terms for certain areas of Monster sites, a particular “Legal Notice,” or software license or material on particular pages on the Monster Resume Service, these Terms constitute the entire agreement between You and Monster with respect to the use of the Monster Resume Service Sites. No changes to these Terms shall be made except by a revised posting on this page.
Effective October 30, 2017
(End of Page)
Effective November 4th 2017 to November 4th 2017
DownloadTable of Contents
Terms of Service
This page states the Terms of Service (“Terms”) under which you (“You”) may use the Monster Resume Service (as defined below). These Terms include the Monster Privacy Policy, which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between You and Monster Worldwide, Inc. and its affiliates (collectively, “Monster”) and are deemed accepted by You each time that You use or access the Monster Resume Service. If You do not accept the Terms stated here, do not use the Monster Resume Service.
The “Resume Service” includes (a) the Resume Site (as defined below), (b) resume, cover letter and/or online profile writing services as then offered by Monster and other related services and related technologies, and (c) all software (including the Resume Software (as defined below)), materials, portals, recommendations, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (a) thru (c) (collectively, referred to as the “Resume Service Content”). Any new features added to or augmenting the Monster Resume Service are also subject to these Terms. The “Resume Site” means the Web site(s) controlled by Monster through which the Monster Resume Service is provided to You.
Monster may change these Terms from time to time without prior notice. The revised terms and conditions will become effective upon posting and if You use the Monster Resume Service after that date, Your use will constitute acceptance of the revised terms and conditions. If any change to these Terms is not acceptable to You, Your only remedy is to stop accessing and using the Monster Resume Service.
Users who violate these Terms may have their access and use of the Monster Resume Service suspended or terminated, at Monster’s discretion.
You must be 13 years of age or older to visit or use any of the Monster Resume Service in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Monster Resume Service under the supervision of a parent, legal guardian, or other responsible adult.
1.	Access and Use of the Monster Resume Service
1.1	Subject to the terms and conditions of these Terms (a) You may access and use the Monster Resume Service only for lawful purposes and only for Your personal and non-commercial uses and (b) Monster hereby grants to You a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable (in the sole and absolute discretion of Monster) right to use and access the Monster Resume Service as provided in these Terms. You agree not to access the Monster Resume Service by any means other than through the interface that is provided by Monster for use in accessing the Monster Resume Service.
1.2	You shall not (and shall not allow any third party to) (a) copy, reproduce, delete, distribute, download, store, transmit, publish, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, sublicense, resell, rent, lease, transfer, assign or time share the Monster Resume Service or otherwise commercially exploit or make the Monster Resume Service available to any third party, (b) use the Monster Resume Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Monster Resume Service or its components, (c) modify, adapt or hack the Monster Resume Service to, or otherwise attempt to gain unauthorized access to the Monster Resume Service or its related systems or networks, or (d) use any Monster Resume Service Content on other Web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices Monster provides You or publishes in connection with the Monster Resume Service, and You shall promptly notify Monster if You learn of a security breach related to the Monster Resume Service. In addition, when using certain services, You will be subject to any additional terms applicable to such services that may be posted on the Monster Resume Service from time to time.
1.3	All rights, title and interest in and to the Monster Resume Service and its components will remain with and belong exclusively to Monster. Any software that may be made available by Monster in connection with the Monster Resume Service (“Resume Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Monster or any third party is granted to You in connection with the Monster Resume Service.
1.4	You further agree to use Your own judgment, caution, and common sense in managing information offered by or obtained through the Monster Resume Service and that You bear the sole risk of any reliance or use of any Monster Resume Service Content provided through the Monster Resume Service.
1.5	The failure of Monster to exercise or enforce any right or provision of these Terms shall not be a waiver of that right. You acknowledge that these Terms are a contract between You and Monster, even though it is electronic and is not physically signed by You and Monster, and it governs Your use of the Monster Resume Service.
1.6	You agree that Monster (a) may establish general practices and limits concerning use of the Monster Resume Service, including without limitation the maximum period of time that Monster Resume Content will be retained by the Monster Resume Service and the maximum storage space that will be allotted on Your behalf, (b) Monster has no responsibility or liability for the deletion or failure to store any Monster Resume Content maintained by or uploaded to the Monster Resume Service, and (c) may preserve Monster Resume Content and may also disclose Monster Resume Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms, (iii) respond to claims that any Monster Resume Content violates the rights of third parties, or (iv) protect the rights, property, or personal safety of Monster, its users and the public. You further agree that Monster may remove or disable any Monster Resume Service Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Monster Resume Service Content), or for no reason at all.
1.7	You agree that Monster may engage third parties to provide all or parts of the Monster Resume Service.
2.	Payment
2.1	To the extent the Monster Resume Service or any portion thereof is made available for any fee, You will be required to select a service option and provide Monster information regarding Your credit card or other payment instrument. You represent and warrant to Monster that such information is true and that You are authorized to use the payment instrument. You will promptly update Your account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay Monster the amount that is specified for the service option selected in accordance with these Terms. You hereby authorize Monster to bill Your payment instrument in advance and before the commencement of the service option, and You further agree to pay any charges so incurred. If You dispute any charges You must let Monster know within sixty (60) days after the date that Monster charges You. Monster reserves the right to change Monster’s prices at any time, provided that, if You paid for a service option before the applicable price change, You will be provided the service option presented to You at the time for the price charged by Monster at such time.
2.2	All Monster Resume Service sales are final and there are no refunds once a purchase has been made with respect to the Monster Resume Service unless explicitly stated otherwise in these Terms. You are entitled to one revision of a resume, cover letter and/or online profile (as applicable) prepared through the Monster Resume Service based on feedback provided by You in a reasonable timeframe (i.e. within 60 calendar days of receiving the first draft of Your resume, cover letter and/or online profile (as applicable) from Monster). There is no trial or grace period after purchasing the Monster Resume Service. You agree to provide complete information (as reasonably determined by Monster) requested by Monster in a timely manner (i.e. within 30 calendar days of the request for information from Monster) to allow for the provision of the Monster Resume Service purchased by You. Failure by You to provide complete information (as reasonably determined by Monster) as requested by Monster in a timely fashion (i.e. within 30 calendar days of the request for information from Monster) may delay or prohibit Monster from providing all or some of the Monster Resume Service You purchased. In the event Monster cannot provide all or some of the Monster Resume Service purchased by You due to Your failure to provide complete information (as reasonably determined by Monster) requested by Monster in a reasonable time frame (i.e. within 30 calendar days of the request for information from Monster), Monster shall have the right to, in its sole and absolute discretion, discontinue providing the Monster Resume Service purchased by You and retain payment made by You.
3.	Your Material and Your Representations and Warranties
3.1	You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that You upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Monster Resume Service (“Your Material”). You hereby represent and warrant that Your Material transmitted by You with respect to the Monster Resume Service is (a) is legal, decent, accurate, complete, honest and truthful, (b) complies with all laws, rules and regulations, (c) does not infringe intellectual property rights of use or any third party, (d) is not subject to any duty of confidentiality and is non-proprietary, (e) is not defamatory, obscene, offensive, pornographic or otherwise objectionable, (f) is free of bugs, worms or viruses and (g) is not fraudulent, false, unreliable or misleading. You agree that Monster may remove Your Material from the Monster Resume Service if it deems that You are in breach of the foregoing sentence or pursuant to other terms of these Terms.
3.2	You understand that the operation of the Monster Resume Service, including Your Material may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to Monster’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Monster Resume Service, and (d) transmission to other third parties in connection with the provision to You of the Monster Resume Service. Accordingly, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your Material. Monster will have no liability to You for any unauthorized access or use of any of Your Material, or any corruption, deletion, destruction or loss of any of Your Material.
3.3	You are responsible for maintaining the confidentiality of Your login, password and account and for all activities that occur under Your login or account (if applicable). Monster reserves the right to access Your account in order to respond to Your requests for technical support. By transmitting Your Material on or through the Monster Resume Service, You hereby do and shall grant Monster a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Material in connection with the Monster Resume Service. Monster has the right, but not the obligation, to screen and monitor the Monster Resume Service, Monster Resume Service Content or Your Material.
3.4	In connection with Your use, You agree NOT to: (a) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws, (b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party, (c) upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of Your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Monster Resume Service, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by Monster, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials, (d) violate other's privacy rights or personal rights by abusing the Monster Resume Service, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information, (e) breach or attempt to breach any security measures of the Monster Resume Service, (e) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Monster Resume Service, (f) access or attempt to access any account or login of any third party listed on the Monster Resume Service, (g) post or submit any inaccurate, false, or incomplete information, such as Your resume, biographical data, or employment information, (h) impersonate any person or entity, (i) forge any header information in any electronic posting or mail, or (j) misrepresent Yourself, Your affiliation with any third party, or Your entity.
3.5	You further agree that Monster may remove or disable Your account and/or any of Your Material at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Material), or for no reason at all. You understand and acknowledge that You have no ownership rights in Your account. You agree that Monster (a) has no responsibility or liability for the deletion or failure to store any of Your Material maintained by or uploaded to the Monster Resume Service, and (b) may preserve Your Material and may also disclose Your Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms, (iii) respond to claims that Your Content violates the rights of third parties, or (iv) protect the rights, property, or personal safety of Monster, its users and the public.
4.	Termination
4.1	Monster reserves the right to (a) modify or discontinue, temporarily or permanently, the Monster Resume Service (or any part thereof) and (b) refuse any and all current and future use of the Monster Resume Service, suspend or terminate Your account (any part thereof) or use of the Monster Resume Service and remove and discard any of Your Material in the Monster Resume Service, for any reason, including if Monster believes that You have violated these Terms. Monster shall not be liable to You or any third party for any modification, suspension or discontinuation of the Monster Resume Service. Monster will use good faith efforts to contact You to warn You prior to suspension or termination of Your account by Monster. All of Your Material on the Monster Resume Service (if any) may be permanently deleted by Monster upon any termination of Your account in its sole discretion.
4.2	If Monster terminates Your account without cause and You have signed up for a fee bearing service, Monster will refund the pro-rated, unearned portion of any amount that You have prepaid to Monster for such Monster Resume Service. However, all accrued rights to payment and the terms of Section 3-11 shall survive termination of these Terms.
5.	DISCLAIMERS
5.1	THE MONSTER RESUME SERVICE, INCLUDING THE MONSTER RESUME SITE, MONSTER RESUME SERVICE CONTENT (INCLUDING RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND MONSTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MONSTER DOES NOT WARRANT THAT THE MONSTER RESUME SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR MONSTER RESUME SERVICES OBTAINED BY YOU FROM MONSTER OR THROUGH THE MONSTER RESUME SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MONSTER DOES NOT WARRANT OR GUARANTEE THAT YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE MONSTER RESUME SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE MONSTER RESUME SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
5.2	Under no circumstances will Monster be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Monster does not pre-screen content, but that Monster and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Monster Resume Service. You agree that You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
6.	LIMITATION OF LIABILITY
6.1	UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MONSTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
6.2	Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 5 (Disclaimers) and 6 (Limitation of Liability) may not apply to or be enforceable with respect to You. IN THESE STATES, MONSTER’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7.	Indemnification
7.1	You shall defend, indemnify, and hold harmless Monster from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Your breach of these Terms, any of Your Material, or Your other access, contribution to, use or misuse of the Monster Resume Service. Monster shall provide notice to You of any such claim, suit or demand. Monster reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting Monster’s defense of such matter. Notwithstanding the foregoing, You will have no obligation to indemnify, defend or hold harmless any Monster from or against any claims, actions or demands resulting from any action or inaction of Monster.
8.	DMCA; Policy of Terminating Users Who Infringe Intellectual Property Rights
8.1	If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Monster Resume Service in a way that constitutes copyright or trademark infringement, please contact Monster by email at DMCALegal@monster.com or by regular mail at: Monster Worldwide, Inc., Attn: Legal Department-DMCA, 133 Boston Post Road, Weston, Massachusetts 02493, USA.
8.2	Monster respects the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Monster Resume Service, You agree not to use any Monster Resume Service to infringe the intellectual property rights of others in any way. Monster reserves the right to terminate the accounts of any users, and block access to the Monster Resume Service of any users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Monster reserves the right, in its sole discretion, to take these actions to limit access to the Monster Resume Service and/or terminate the accounts of any time, in our sole discretion of users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Monster as set forth in Section 8.1 above.
9.	International Usage
9.1	The Monster Resume Service is controlled and operated by Monster from its offices within the United States of America. Monster makes no representation that the Monster Resume Service, or any related information offered by Monster are appropriate or available in other locations. Those who choose to access the Monster Resume Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Monster Resume Service in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You reside (if different from the United States).
10.	Links to Other Sites
10.1	The Monster Resume Service may contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Monster of the contents on such third-party Web sites. Monster is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
11.	General
11.1	You may not assign these Terms without the prior written consent of Monster, but Monster may assign or transfer these Terms, in whole or in part, without restriction.
11.2	These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to the principles of conflicts of law. Unless otherwise elected by Monster in a particular instance, You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the Commonwealth of Massachusetts for the purpose of resolving any dispute relating to Your access to or use of the Monster Resume Service.
11.3	If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Monster’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Monster’s ability to enforce such term at any point in the future.
11.4	Except as expressly provided in an additional agreement, additional terms for certain areas of Monster sites, a particular “Legal Notice,” or software license or material on particular pages on the Monster Resume Service, these Terms constitute the entire agreement between You and Monster with respect to the use of the Monster Resume Service Sites. No changes to these Terms shall be made except by a revised posting on this page.
Effective October 30, 2017
(End of Page)
Effective November 3rd 2017 to November 4th 2017
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Terms of Service
This page states the Terms of Service (“Terms”) under which you (“You”) may use the Monster Resume Service (as defined below). These Terms include the Monster Privacy Policy, which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between You and Monster Worldwide, Inc. and its affiliates (collectively, “Monster”) and are deemed accepted by You each time that You use or access the Monster Resume Service. If You do not accept the Terms stated here, do not use the Monster Resume Service.
The “Resume Service” includes (a) the Resume Site (as defined below), (b) resume, cover letter and/or online profile writing services as then offered by Monster and other related services and related technologies, and (c) all software (including the Resume Software (as defined below)), materials, portals, recommendations, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (a) thru (c) (collectively, referred to as the “Resume Service Content”). Any new features added to or augmenting the Monster Resume Service are also subject to these Terms. The “Resume Site” means the Web site(s) controlled by Monster through which the Monster Resume Service is provided to You.
Monster may change these Terms from time to time without prior notice. The revised terms and conditions will become effective upon posting and if You use the Monster Resume Service after that date, Your use will constitute acceptance of the revised terms and conditions. If any change to these Terms is not acceptable to You, Your only remedy is to stop accessing and using the Monster Resume Service.
Users who violate these Terms may have their access and use of the Monster Resume Service suspended or terminated, at Monster’s discretion.
You must be 13 years of age or older to visit or use any of the Monster Resume Service in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Monster Resume Service under the supervision of a parent, legal guardian, or other responsible adult.
1.	Access and Use of the Monster Resume Service
1.1	Subject to the terms and conditions of these Terms (a) You may access and use the Monster Resume Service only for lawful purposes and only for Your personal and non-commercial uses and (b) Monster hereby grants to You a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable (in the sole and absolute discretion of Monster) right to use and access the Monster Resume Service as provided in these Terms. You agree not to access the Monster Resume Service by any means other than through the interface that is provided by Monster for use in accessing the Monster Resume Service.
1.2	You shall not (and shall not allow any third party to) (a) copy, reproduce, delete, distribute, download, store, transmit, publish, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, sublicense, resell, rent, lease, transfer, assign or time share the Monster Resume Service or otherwise commercially exploit or make the Monster Resume Service available to any third party, (b) use the Monster Resume Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Monster Resume Service or its components, (c) modify, adapt or hack the Monster Resume Service to, or otherwise attempt to gain unauthorized access to the Monster Resume Service or its related systems or networks, or (d) use any Monster Resume Service Content on other Web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices Monster provides You or publishes in connection with the Monster Resume Service, and You shall promptly notify Monster if You learn of a security breach related to the Monster Resume Service. In addition, when using certain services, You will be subject to any additional terms applicable to such services that may be posted on the Monster Resume Service from time to time.
1.3	All rights, title and interest in and to the Monster Resume Service and its components will remain with and belong exclusively to Monster. Any software that may be made available by Monster in connection with the Monster Resume Service (“Resume Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Monster or any third party is granted to You in connection with the Monster Resume Service.
1.4	You further agree to use Your own judgment, caution, and common sense in managing information offered by or obtained through the Monster Resume Service and that You bear the sole risk of any reliance or use of any Monster Resume Service Content provided through the Monster Resume Service.
1.5	The failure of Monster to exercise or enforce any right or provision of these Terms shall not be a waiver of that right. You acknowledge that these Terms are a contract between You and Monster, even though it is electronic and is not physically signed by You and Monster, and it governs Your use of the Monster Resume Service.
1.6	You agree that Monster (a) may establish general practices and limits concerning use of the Monster Resume Service, including without limitation the maximum period of time that Monster Resume Content will be retained by the Monster Resume Service and the maximum storage space that will be allotted on Your behalf, (b) Monster has no responsibility or liability for the deletion or failure to store any Monster Resume Content maintained by or uploaded to the Monster Resume Service, and (c) may preserve Monster Resume Content and may also disclose Monster Resume Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms, (iii) respond to claims that any Monster Resume Content violates the rights of third parties, or (iv) protect the rights, property, or personal safety of Monster, its users and the public. You further agree that Monster may remove or disable any Monster Resume Service Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Monster Resume Service Content), or for no reason at all.
1.7	You agree that Monster may engage third parties to provide all or parts of the Monster Resume Service.
2.	Payment
2.1	To the extent the Monster Resume Service or any portion thereof is made available for any fee, You will be required to select a service option and provide Monster information regarding Your credit card or other payment instrument. You represent and warrant to Monster that such information is true and that You are authorized to use the payment instrument. You will promptly update Your account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay Monster the amount that is specified for the service option selected in accordance with these Terms. You hereby authorize Monster to bill Your payment instrument in advance and before the commencement of the service option, and You further agree to pay any charges so incurred. If You dispute any charges You must let Monster know within sixty (60) days after the date that Monster charges You. Monster reserves the right to change Monster’s prices at any time, provided that, if You paid for a service option before the applicable price change, You will be provided the service option presented to You at the time for the price charged by Monster at such time.
2.2	All Monster Resume Service sales are final and there are no refunds once a purchase has been made with respect to the Monster Resume Service unless explicitly stated otherwise in these Terms. You are entitled to one revision of a resume, cover letter and/or online profile (as applicable) prepared through the Monster Resume Service based on feedback provided by You in a reasonable timeframe (i.e. within 60 calendar days of receiving the first draft of Your resume, cover letter and/or online profile (as applicable) from Monster). There is no trial or grace period after purchasing the Monster Resume Service. You agree to provide complete information (as reasonably determined by Monster) requested by Monster in a timely manner (i.e. within 30 calendar days of the request for information from Monster) to allow for the provision of the Monster Resume Service purchased by You. Failure by You to provide complete information (as reasonably determined by Monster) as requested by Monster in a timely fashion (i.e. within 30 calendar days of the request for information from Monster) may delay or prohibit Monster from providing all or some of the Monster Resume Service You purchased. In the event Monster cannot provide all or some of the Monster Resume Service purchased by You due to Your failure to provide complete information (as reasonably determined by Monster) requested by Monster in a reasonable time frame (i.e. within 30 calendar days of the request for information from Monster), Monster shall have the right to, in its sole and absolute discretion, discontinue providing the Monster Resume Service purchased by You and retain payment made by You.
3.	Your Material and Your Representations and Warranties
3.1	You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that You upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Monster Resume Service (“Your Material”). You hereby represent and warrant that Your Material transmitted by You with respect to the Monster Resume Service is (a) is legal, decent, accurate, complete, honest and truthful, (b) complies with all laws, rules and regulations, (c) does not infringe intellectual property rights of use or any third party, (d) is not subject to any duty of confidentiality and is non-proprietary, (e) is not defamatory, obscene, offensive, pornographic or otherwise objectionable, (f) is free of bugs, worms or viruses and (g) is not fraudulent, false, unreliable or misleading. You agree that Monster may remove Your Material from the Monster Resume Service if it deems that You are in breach of the foregoing sentence or pursuant to other terms of these Terms.
3.2	You understand that the operation of the Monster Resume Service, including Your Material may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to Monster’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Monster Resume Service, and (d) transmission to other third parties in connection with the provision to You of the Monster Resume Service. Accordingly, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your Material. Monster will have no liability to You for any unauthorized access or use of any of Your Material, or any corruption, deletion, destruction or loss of any of Your Material.
3.3	You are responsible for maintaining the confidentiality of Your login, password and account and for all activities that occur under Your login or account (if applicable). Monster reserves the right to access Your account in order to respond to Your requests for technical support. By transmitting Your Material on or through the Monster Resume Service, You hereby do and shall grant Monster a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Material in connection with the Monster Resume Service. Monster has the right, but not the obligation, to screen and monitor the Monster Resume Service, Monster Resume Service Content or Your Material.
3.4	In connection with Your use, You agree NOT to: (a) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws, (b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party, (c) upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of Your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Monster Resume Service, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by Monster, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials, (d) violate other's privacy rights or personal rights by abusing the Monster Resume Service, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information, (e) breach or attempt to breach any security measures of the Monster Resume Service, (e) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Monster Resume Service, (f) access or attempt to access any account or login of any third party listed on the Monster Resume Service, (g) post or submit any inaccurate, false, or incomplete information, such as Your resume, biographical data, or employment information, (h) impersonate any person or entity, (i) forge any header information in any electronic posting or mail, or (j) misrepresent Yourself, Your affiliation with any third party, or Your entity.
3.5	You further agree that Monster may remove or disable Your account and/or any of Your Material at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Material), or for no reason at all. You understand and acknowledge that You have no ownership rights in Your account. You agree that Monster (a) has no responsibility or liability for the deletion or failure to store any of Your Material maintained by or uploaded to the Monster Resume Service, and (b) may preserve Your Material and may also disclose Your Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms, (iii) respond to claims that Your Content violates the rights of third parties, or (iv) protect the rights, property, or personal safety of Monster, its users and the public.
4.	Termination
4.1	Monster reserves the right to (a) modify or discontinue, temporarily or permanently, the Monster Resume Service (or any part thereof) and (b) refuse any and all current and future use of the Monster Resume Service, suspend or terminate Your account (any part thereof) or use of the Monster Resume Service and remove and discard any of Your Material in the Monster Resume Service, for any reason, including if Monster believes that You have violated these Terms. Monster shall not be liable to You or any third party for any modification, suspension or discontinuation of the Monster Resume Service. Monster will use good faith efforts to contact You to warn You prior to suspension or termination of Your account by Monster. All of Your Material on the Monster Resume Service (if any) may be permanently deleted by Monster upon any termination of Your account in its sole discretion.
4.2	If Monster terminates Your account without cause and You have signed up for a fee bearing service, Monster will refund the pro-rated, unearned portion of any amount that You have prepaid to Monster for such Monster Resume Service. However, all accrued rights to payment and the terms of Section 3-11 shall survive termination of these Terms.
5.	DISCLAIMERS
5.1	THE MONSTER RESUME SERVICE, INCLUDING THE MONSTER RESUME SITE, MONSTER RESUME SERVICE CONTENT (INCLUDING RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND MONSTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MONSTER DOES NOT WARRANT THAT THE MONSTER RESUME SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR MONSTER RESUME SERVICES OBTAINED BY YOU FROM MONSTER OR THROUGH THE MONSTER RESUME SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MONSTER DOES NOT WARRANT OR GUARANTEE THAT YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE MONSTER RESUME SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE MONSTER RESUME SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
5.2	Under no circumstances will Monster be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Monster does not pre-screen content, but that Monster and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Monster Resume Service. You agree that You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
6.	LIMITATION OF LIABILITY
6.1	UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MONSTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
6.2	Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 5 (Disclaimers) and 6 (Limitation of Liability) may not apply to or be enforceable with respect to You. IN THESE STATES, MONSTER’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7.	Indemnification
7.1	You shall defend, indemnify, and hold harmless Monster from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Your breach of these Terms, any of Your Material, or Your other access, contribution to, use or misuse of the Monster Resume Service. Monster shall provide notice to You of any such claim, suit or demand. Monster reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting Monster’s defense of such matter. Notwithstanding the foregoing, You will have no obligation to indemnify, defend or hold harmless any Monster from or against any claims, actions or demands resulting from any action or inaction of Monster.
8.	DMCA; Policy of Terminating Users Who Infringe Intellectual Property Rights8.1	If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Monster Resume Service in a way that constitutes copyright or trademark infringement, please contact Monster by email at DMCALegal@monster.com or by regular mail at: Monster Worldwide, Inc., Attn: Legal Department-DMCA, 133 Boston Post Road, Weston, Massachusetts 02493, USA.8.2	Monster respects the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Monster Resume Service, You agree not to use any Monster Resume Service to infringe the intellectual property rights of others in any way. Monster reserves the right to terminate the accounts of any users, and block access to the Monster Resume Service of any users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Monster reserves the right, in its sole discretion, to take these actions to limit access to the Monster Resume Service and/or terminate the accounts of any time, in our sole discretion of users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Monster as set forth in Section 8.1 above.9.	International Usage 9.1	The Monster Resume Service is controlled and operated by Monster from its offices within the United States of America. Monster makes no representation that the Monster Resume Service, or any related information offered by Monster are appropriate or available in other locations. Those who choose to access the Monster Resume Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Monster Resume Service in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You reside (if different from the United States).
10.	Links to Other Sites
10.1	The Monster Resume Service may contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Monster of the contents on such third-party Web sites. Monster is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
11.	General
11.1	You may not assign these Terms without the prior written consent of Monster, but Monster may assign or transfer these Terms, in whole or in part, without restriction.
11.2	These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to the principles of conflicts of law. Unless otherwise elected by Monster in a particular instance, You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the Commonwealth of Massachusetts for the purpose of resolving any dispute relating to Your access to or use of the Monster Resume Service.
11.3	If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Monster’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Monster’s ability to enforce such term at any point in the future.
11.4	Except as expressly provided in an additional agreement, additional terms for certain areas of Monster sites, a particular “Legal Notice,” or software license or material on particular pages on the Monster Resume Service, these Terms constitute the entire agreement between You and Monster with respect to the use of the Monster Resume Service Sites. No changes to these Terms shall be made except by a revised posting on this page.
Effective October 30, 2017
(End of Page)
Conditions générales d’utilisation du Service
Effective March 28th 2022
DownloadTable of Contents
Mentions légales
Editeur
Représentant légal : Monsieur Arnaud Cartier
Société par Actions Simplifiée au capital de 6 280 157 €, immatriculée sous le numéro 490 748 670 au registre de commerce et des sociétés de Paris
Adresse du siège social 39 rue Saint Lazare – 75009 PARIS (France)
NAF 7022Z – numéro de TVA intracommunautaire FR 04 490 748 670
N° d’organisme de formation : 11 75 52043 75
Tél.: +33 (0)1 53 38 26 61
Directeur de publication
Monsieur Arnaud Cartier
Hébergeur
Amazon Web Services, Inc.
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
http://aws.amazon.com
Conception, design et réalisation technique
RiseSmart
Tax EIN: 20-8536015
Capital social : 107 765 396,69 USD
Représentant légal : VedPrakash Dubey
Dénomination : RiseSmart
Siège social : 55 Almaden Boulevard, Suite 800, San Jose, CA 95113
Politique de Cookies
La politique relative aux cookies est visée dans la politique de protection des données personnelles.
Conditions générales d’utilisation du Service
1. Acceptation des conditions.
Ce Site Internet (tel que défini ci-dessous) est mis à votre disposition par RISESMART FRANCE, dont le siège social est situé 39 rue Saint Lazare, 75009 PARIS.
En acceptant les présentes conditions générales d’utilisation du Service tel que défini ci-dessous (ci-après “CGU”), en ayant accès ou en faisant usage de notre site internet https://apps.risesmart.fr (Spotlight) et https://insight.risesmart.fr/hrportal (Insight) (ci-après le “Site Internet”), vous reconnaissez avoir lu, compris et accepté irrévocablement es présentes CGU. RISESMART FRANCE se réserve le droit de modifier, à tout moment, le contenu desdites CGU sans que sa responsabilité ne puisse être engagée. Lors de l’utilisation du Site Internet, il vous appartient de vous référer à la dernière version des CGU, telles qu’elles sont disponibles sur le Site Internet. En cas de désaccord sur les CGU, vous êtes tenus à ne pas accepter les CGU et à ne pas utiliser le Service.
2. Description du Service
RISESMART FRANCE fournit des services de reclassement, de gestion de carrière, d’évaluation. Le Service désigne
(a) l’accès au Site Internet,
(b) les services de reclassement, de gestion de carrière, d’évaluation et de compétences, et d’employabilité, la technologie RISESMART FRANCE afférente et les autres services associés (dont la gestion des dossiers et les services analytiques), et
(c) l’ensemble des logiciels (incluant le “Logiciel” tel que défini ci-dessous), matériels, portails, recommandations, offres d’emplois, données, rapports, textes, illustrations, enregistrements sonores, vidéos, analyses et tout autre contenu rendu accessible à travers les éléments visées aux points a) et b) ci-dessus (désignés collectivement ci-après comme le “Contenu”)-. Les nouvelles fonctions qui complètent le Service ou qui l’enrichissent sont également soumises aux CGU et à la politique de confidentialité de RISESMART FRANCE.
3. Conditions générales d’accès et d’utilisation du Service
3.1 Conformément aux dispositions des présentes CGU, vous ne pouvez avoir accès au Service et l’utiliser que pour des fins légales.
Vous vous interdisez
(a) de concéder le service en sous–licence, de le vendre, de le louer, de le céder, de l’attribuer, de l’exploiter commercialement de toute autre manière et/ou de le mettre à la disposition d’un tiers;
(b) d’utiliser le Service de manière illégale (notamment, sans que cette liste soit limitative, en violation des lois et règlements relatifs à la protection des données, à la protection de la vie privée ou à la propriété intellectuelle) ou de toute autre manière qui soit susceptible d’entraver ou de perturber l’intégrité ou le fonctionnement de toute ou partie du Service;
(c) de modifier, d’adapter ou de pirater le Service, de chercher de toute autre manière à obtenir un accès illicite au Service ou aux systèmes ou réseaux qui y sont liés ; ou
(d) d’en utiliser le contenu sur d’autres sites Internet ou sur d’autres médias (par exemple sur un environnement réseau). Vous devez respecter la totalité des codes de conduite, des lignes d’orientation ou des autres directives que RISESMART FRANCE vous fournit ou publie en lien avec le Service, et vous vous engagez à signaler immédiatement RISESMART FRANCE tout problème de sécurité concernant le Service. Si vous faites usage de certains services, vous êtes en outre soumis à toutes les conditions complémentaires applicables à ces services et qui sont régulièrement publiées sur le Site Internet, incluant, mais sans s’y limiter, la politique de protection des données personnelles de RISESMART FRANCE.
3.2 Tous les logiciels qui sont mis à disposition par RISESMART FRANCE dans le cadre du Service (collectivement désignée le “Logiciel” dans les présentes CGU) contiennent des informations sur lesquelles il existe des droits de propriété et des informations confidentielles qui sont protégées par la législation applicable en matière de propriété intellectuelle, ainsi que par d’autres dispositions légales. Conformément aux dispositions des présentes CGU, RISESMART FRANCE, vous octroie à titre personnel, non exclusif et non cessible, un droit d’utilisation du Logiciel qui ne peuvent faire l’objet d’une sous-licence, et cela sur un seul appareil à utiliser dans le cadre du Service. La concession du droit d'utilisation du Site Internet prévue au titre du présent contrat n'entraîne aucun transfert de droit de propriété. Vous indiquez par la présente que vous n’essayerez pas d’obtenir un accès au Service par d’autres manières que par l’interface proposée par RISESMART FRANCE pour accéder au Service.
3.3. Vous reconnaissez être seul responsable de l’ensemble des données, informations, commentaires, suggestions, textes, contenus et autres matériaux que vous téléchargez, postez, fournissez, transmettez ou d’une autre manière envoyer ou diffusez sur le site (ci-après « envoi(s)/envoyer ») dans le cadre du Service (« Votre Contenu »). Vous déclarez et garantissez par les présentes, que Votre Contenu est exact, précis et complet (et notamment, mais pas seulement, le contenu de votre CV, vos données biographiques et vos informations sur les emplois exercés lorsque vous utilisez le Service comme demandeur d’emploi). Vous êtes responsable du maintien de la confidentialité de votre identifiant, de votre mot de passe et de votre compte, et de toutes les activités qui se déroulent dans le cadre de l’utilisation de votre compte. RISESMART FRANCE se réserve le droit d’accéder à votre compte pour répondre à vos demandes de support technique. En envoyant Votre Contenu sur ou via le Service, vous octroyez à RISESMART FRANCE une licence mondiale, non exclusive, permanente, irrévocable, libre de droits, entièrement payée, susceptible d’être donnée en sous-licence, qui lui permet d’utiliser, de modifier, de reproduire, de diffuser, d’afficher, de publier et de mettre en œuvre Votre Contenu dans le cadre du Service. RISESMART FRANCE a le droit mais pas l’obligation de surveiller le Service, son contenu et Votre contenu. Vous acceptez également que RISESMART FRANCE peut, sans motif ou pour quelque motif que ce soit, supprimer ou désactiver votre Contenu (notamment, mais sans s’y limiter, après avoir reçu des réclamations ou des allégations de tiers ou d’autorités concernant le Contenu en question).
3.4 Vous comprenez que le fonctionnement du Service, incluant Votre Contenu, peut être décrypté et peut impliquer
(a) des transmissions sur différents réseaux,
(b) des modifications pour répondre et s’adapter aux exigences techniques pour la connexion des réseaux ou des appareils,
(c) le transfert vers des tiers fournisseurs et partenaires d’hébergement de RISESMART FRANCE pour la fourniture de matériel informatique, de logiciels, de réseaux, de stockage et la technologie y afférente, nécessaire à l’exploitation et au maintien du Service, et
(d) à un transfert vers d’autres tiers dans le cadre de la fourniture du Service à votre égard. Par conséquent, vous reconnaissez que vous assumez l’entière responsabilité d’assurer un niveau suffisant de sécurité, d’une protection et d’une sauvegarde suffisante de Votre Contenu. RISESMART FRANCE n’assume aucune responsabilité à votre égard pour tout accès et/ou utilisation de Votre Contenu non autorisé d, et/ou pour toute corruption, suppression, destruction ou perte de tout ou partie de Votre Contenu.
3.5 Si vous êtes demandeur d’emploi, vous convenez en outre que vous vous fondez sur votre propre capacité de jugement, votre prudence et votre bon sens lors de l’évaluation des employeurs potentiels et des informations qui vous sont fournies par ceux-ci ou via le Service et que vous supportez seul le risque associé à la confiance que vous portez sur le Contenu qui est fourni par le Service, et sur l’utilisation que vous en faites (et notamment mais pas seulement les offres d’emplois ou recommandations).
3.6 Le fait pour RISESMART FRANCE de ne pas se prévaloir de l'une quelconque des obligations visées par les présentes, ne saurait être interprété à l'avenir comme une renonciation à l'obligation en cause.
3.7 Vous reconnaissez que dans le cadre de l’exécution d’un contrat, une société cliente de RISESMART FRANCE peut demander à RISESMART FRANCE d’assister les personnes qu’elle emploie ou qu’elle a employé dans leur recherche d’emploi (ci-après : « Contrats Clients ").
3.8 Si vous utilisez ce Service en vertu d’un Contrat Clients, vous reconnaissez que le service qui est mis à votre disposition ne dépassera en aucun cas la portée, la durée et/ou les autres limitations du Contrat Clients en vertu duquel vous avez ou vous avez eu accès au Service.
3.9 Si vous utilisez le Service en application d’un Contrat Client, vous autorisez RISESMART FRANCE à rendre disponible au Client, notamment mais pas seulement, les rapports d’avancement et autres informations qui vous identifient et indiquent votre niveau d’utilisation du Service, le périmètre de votre utilisation du Service, votre niveau d’avancement et le statut dans votre recherche d’emploi, votre niveau de satisfaction du service, soit de manière individuelle ou statistique. Nous vous prions de prendre connaissance de la politique de protection des données personnelles de RISESMART FRANCE pour plus d’information sur la collecte, l’utilisation et la publication de vos données en application du Contrat Client.
3.10 Vous reconnaissez que
(a) RISESMART FRANCE peut fixer des pratiques et des restrictions générales concernant l’utilisation du Service, et notamment mais sans s’y limiter, concernant la durée maximale durant laquelle le Contenu est conservé par le Service et l’espace maximal de stockage qui vous est attribué,
(b) RISESMART FRANCE n’assume aucune responsabilité en cas de suppression ou de non–stockage du Contenu qui est conservé et téléchargé vers le Service, et
(c) RISESMART FRANCE est autorisée à conserver et à publier tout ou partie du Contenu si elle y est obligée par la loi ou si, de bonne foi, elle est convaincue qu’une telle conservation ou une telle publication estsont nécessairement raisonnables pour:
(i) satisfaire à des procédures juridiques, à la législation applicable ou à des demandes des pouvoirs publics ;
(ii) appliquer la présente convention ;
(iii) répondre à des actions suivant lesquelles le contenu violerait les droits de tiers ; ou
(iv) protéger les droits, la propriété ou la sécurité personnelle de RISESMART FRANCE, celle de ses utilisateurs et du public.
4. Représentation et garanties
Dans le cadre de l’utilisation du présent Service vous vous engagez à ne PAS réaliser les actes suivants : enfreindre les lois et les règlements, et notamment mais pas seulement, la législation relative à la lutte contre la discrimination ou la législation relative à l’égalité des chances en matière d’emploi; enfreindre les droits de propriété intellectuelle et les droits au respect à la vie privée incluant, notamment, mais pas seulement, les lois et réglementations relatives aux brevets, droits d’auteur, marques de commerce ou secrets commerciaux ; télécharger, publier, transmettre ou stocker des informations illégales, injurieuses, diffamatoires, trompeuses, mensongères, malveillantes, obscènes, répréhensible, et/ou frauduleuses ; enfreindre vos obligations contractuelles et/ou de confidentialité ; perturber ou gêner le fonctionnement normal du Site Internet, notamment en introduisant ou en transmettant des virus, ou en publiant de manière permanente et répétée les mêmes informations, ou en publiant des informations d’une ampleur anormale, ou qui ne sont pas autorisées par RISESMART FRANCE, parmi lesquelles, mais sans s’y limiter, de la publicité non autorisée, ou des annonces publicitaires non sollicitées, des courriers indésirables, des spams, des chaînes d’e-mails, des systèmes de pyramide, des accords de franchise, de distribution, de vente, ou toute autre information inacceptable, ; porter atteinte au droit au respect à la vie privée ou aux droits individuels appartenant à des tiers en faisant une utilisation abusive du Contenu, notamment par, mais sans s’y limiter, le harcèlement envers une autre personne, l’envoi d’e-mails non demandés et la collecte de données personnelles concernant d’autres personnes ; porter atteinte ou entreprendre de porter atteinte aux mesures de sécurité du Site Internet ; faire usage d’un appareil, d’un processus ou d’un mécanisme visant à exercer le contrôle du Site Internet, à rechercher des Informations du Site Internet, ou à obtenir l’accès au Site Internet et à l’Information sans une autorisation écrite préalable de RISESMART FRANCE, par exemple via un "spider" ou robot ; vous procurer l’accès, ou entreprendre de vous procurez l’accès, à un compte ou un code d’ouverture de session de tiers qui sont mentionnés sur le Site Internet ; publier ou mettre à disposition des informations inexactes, fausses ou incomplètes concernant notamment votre CV, vos données biographiques, l’emploi vacant et le profil de l’entreprise ; vous faire passer pour une autre personne ou entité ; falsifier les informations d’un en-tête dans une publication électronique ou dans un e-mail ; vous présenter sous une fausse identité et/ou présenter faussement vos liens avec des tiers ou avec votre entité.
5. Résiliation
5.1 Si vous utilisez du Service dans le cadre d’un Contrat Clients, vous reconnaissez que votre accès à ce Service prendra fin lorsque le Contrat Clients prendra fin pour quelque cause que ce soit.
5.2 RISESMART FRANCE se réserve le droit
(i) de modifier le Service (ou une partie de celui-ci) ou de l’interrompre de manière temporaire ou permanente, et
(ii) de refuser toute utilisation présente ou future du Service, de votre compte (ou d’une partie de celui-ci) ou de suspendre l’utilisation du Service ou d’y mettre fin, ou de supprimer Votre Contenu du Service pour quelque motif que ce soit et notamment si RISESMART FRANCE estime que vous avez enfreint les présentes CGU.
5.3 RISESMART FRANCE n’est pas responsable envers vous et/ou envers un tiers en raison d’une quelconque modification, suspension ou interruption du Service. RISESMART FRANCE s’engage à fournir ses meilleurs efforts pour vous contacter afin de vous avertir au préalable, de la suspension ou de la cessation de votre compte auprès de RISESMART FRANCE.
5.4 Tout Votre Contenu sur le Service (le cas échéant) peut à tout moment être supprimé par RISESMART FRANCE après la clôture de votre compte sans vous ouvrir droit à des indemnités.
6. Exclusions Disclaimer.
6.1 Le Service, incluant le Site Internet, le Contenu (incluant, notamment, mais pas seulement, les pistes d’emplois, les recommandations, et les analyses) et l’ensemble des serveurs, des composants des réseaux, sont fournis sur tels quels et sous la réserve d’être disponible sans aucune garantie de quelque nature que ce soit et RISESMART FRANCE décline toute garantie implicite ou explicite, incluant notamment mais pas seulement les garanties implicites de valeur marchande, de titre, de conformité à des fins particulières, d’absence de contrefaçon.
6.2. Vous reconnaissez que RISESMART FRANCE ne garantit pas que le Service sera fourni de manière ininterrompue, opportun, de manière sûre, exempt d’erreur ou de virus et qu’aucune information, conseil ou service que vous obtenez de RISESMART FRANCE ou via le Service ne saurait constituée une quelconque garantie non expressément mentionnée dans les présentes CGU.
6.3. Sans restreindre la portée de ce qui précède, si vous êtes un demandeur d’emploi,
(a) vous reconnaissez et acceptez que les pistes d’emploi que RISESMART FRANCE pourrait ajouter sur votre compte proviennent de tierces parties, sans que ces pistes aient été préalablement vérifiées de quelque nature que ce soit par RISESMART FRANCE, et
(b) RISESMART FRANCE ne déclare ni ne garantit que les pistes d’emploi soient appropriées et légitimes, que vous obtiendrez un emploi via l’utilisation du Service ou que l’emploi trouvé via le Service correspond à vos besoins ou approprié pour vous.
6.4. RISESMART FRANCE n’assume de quelque manière que ce soit aucune responsabilité relative au contenu ou au matériel de tiers (parmi lesquels celui fourni par les utilisateurs) disponibles directement ou indirectement dans le cadre du Service et décline toute responsabilité découlant d’une négligence ou autre concernant ce contenu.
7. Limitation de responsabilité
RISESMART FRANCE n’est liée que par une obligation de moyens et ne saurait, en aucun cas, être tenue responsable des dommages indirects. Sont considérés comme des dommages indirects les pertes de chiffre d’affaires, de marges, de bénéfices, de clients, d’exploitation, les actes des tiers, la perte de données etc. Le responsabilité de RISESMART FRANCE ne pourra être engagée qu’en cas de dommage direct dûment prouvé sans pouvoir dépasser le montant total des frais d’abonnement que vous payés les six (6) mois précédant l’évènement ouvrant droit à votre demande, ou si aucun frais d’abonnement ne s’applique, un montant de cent (100) euros. La présente limitation de responsabilité est une condition essentielle des présentes CGU et déterminante du consentement de RISESMART FRANCE.
8. Garanties
Vous garantissez RISESMART FRANCE contre tout recours, incluant, notamment mais pas seulement, les frais judiciaires raisonnables résultant d’un manquement de votre part des CGU, de tout ou partie de votre Contenu, ou de votre utilisation correcte ou abusive du Service. RISESMART FRANCE vous informera de toute réclamation, poursuite ou demande dont elle aura connaissance. RISESMART FRANCE se réserve à titre exclusif le droit d’assurer la défense et le contrôle de toute question qui serait relative aux garanties énoncées au titre des présentes. Le cas échéant, vous acceptez de coopérer à toute demande raisonnable aux fins d’assister RISESMART FRANCE pour la défense en cette matière. Nonobstant ce qui précède, vous n’avez aucune obligation de garantir RISESMART FRANCE de toute poursuite réclamation, ou demande résultant d’une action ou une inaction de RISESMART FRANCE.
9. Cession
Vous renoncez à céder ces CGU sans le consentement préalable de RISESMART FRANCE et autorisez RISESMART FRANCE à céder ou transférer ces CGU, en toute ou partie, sans restriction.
10. Loi applicable et juridiction compétente
Les CGU sont régies par la loi française. Il en est ainsi pour les règles de fond comme pour les règles de forme. Si un différend survenait à propos de l'interprétation, de l'exécution ou de la résiliation des CGU, vous vous efforcerez de le régler à l'amiable avec RISESMART FRANCE préalablement à toute action en justice. En cas de litige persistant, il serait porté devant le Tribunal de Commerce de Paris nonobstant pluralité de défendeurs ou appel en garantie. Cette compétence s’applique également en matière de référé.
11. DMCA
11.1 Par exception à l’article 10 des CGU relatif à l’application du droit français, le recours prévu par le Digitial Millenium Copyright Act de 1998 (le “DMCA”) tel qu’il est décrit ci-dessous également est applicable dans le cadre de l’exécution des CGU. Dès lors, la possibilité de recours issus par le DMCA ne fait pas obstacle à l’application d’autres voies de recours prévus par le droit français.
11.2 Le DMCA prévoit un recours pour les propriétaires de droits d’auteur qui pensent que le matériel apparaissant sur Internet porte atteinte à leurs droits conférés par la législation des Etats-Unis sur le droit d’auteur. RISESMART FRANCE (et/ou toute autre société appartenant au même groupe que RISESMART FRANCE) traitera et enquêtera dans les meilleurs délais les notifications d’infractions alléguées et prendra les mesures appropriées conformément à la DMCA et/ou de toute autre législation sur la propriété intellectuelle qui serait applicable. La notification d’une violation alléguée d’un droit d’auteur devra être envoyé par email à l’agent de droits d’auteur de RiseSmart (RiseSmart appartenant au même groupe que RISESMART FRANCE) à l’adresse mail suivante at ddavenport@risesmart.com (avec pour objet: “DMCA” Takedown Request”). Vous pouvez également contacter l’agent de droits d’auteurs par courrier à :
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
12. Applications software compatibles avec Apple
12.1 RISESMART FRANCE propose des applications software qui sont destinées à être utilisées sur des produits qui sont commercialisés par Apple Inc. (« Apple »), à côté d’autres plates-formes. S’agissant du Software qui est mis à disposition pour être utilisé en connexion avec un produit de la marque Apple (ce Software est désigné comme « le Software compatible Apple »), les conditions suivantes sont d’application en plus des autres dispositions prévues dans les présentes CGU.
12.2 RISESMART FRANCE et vous-même reconnaissez que la présente convention a été conclue exclusivement entre RISESMART FRANCE et vous-même, et non avec Apple, et que pour ce qui concerne RISESMART FRANCE et Apple, seule RISESMART FRANCE, et non Apple, assume la responsabilité exclusive du Software compatible Apple et de son contenu.
12.3 Il est interdit d’utiliser le Software compatible Apple d’une manière qui constituerait une violation aux qui irait à l’encontre des règles d’utilisation pour le Software compatible Apple figurant dans les conditions de service de l’App Store ou qui d’une toute autre manière serait contraire à ces conditions de service.
13. Langue faisant foi
Les présentes CGU sont rédigées en langue française. Dans le cas où il serait traduit en une ou plusieurs langues étrangères, seul le texte français ferait foi en cas de litige.
Effective April 19th 2019 to March 28th 2022
DownloadTable of Contents
Mentions légales
Editeur
Représentant légal : Monsieur Arnaud Cartier
S.A.S.U au capital de 7 296 000 €, immatriculée sous le numéro 490 748 670 01271 au registre de commerce et des sociétés de Paris
Adresse du siège social 39 rue Saint Lazare – 75009 PARIS (France)
NAF 7022Z – numéro de TVA intracommunautaire FR 04 490 748 670
N° d’organisme de formation : 11 75 53157 75
Tél.: +33 (0)1 53 38 26 61
Directeur de publication
Monsieur Arnaud Cartier
Hébergeur
Amazon Web Services, Inc.
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
http://aws.amazon.com
Conception, design et réalisation technique
RiseSmart
Tax EIN: 20-8536015
Capital social : 107 765 396,69 USD
Représentant légal : VedPrakash Dubey
Dénomination : RiseSmart
Siège social : 55 Almaden Boulevard, Suite 800, San Jose, CA 95113
Politique de Cookies
La politique relative aux cookies est visée dans la politique de protection des données personnelles.
Conditions générales d’utilisation du Service
1. Acceptation des conditions.
Ce Site Internet (tel que défini ci-dessous) est mis à votre disposition par HR Consultancy Partners (ci-après désignée HRCP), dont le siège social est situé 39 rue Saint Lazare, 75009 PARIS.
En acceptant les présentes conditions générales d’utilisation du Service tel que défini ci-dessous (ci-après “CGU”), en ayant accès ou en faisant usage de notre site internet https://apps.risesmart.fr (Spotlight) et https://insight.risesmart.fr/hrportal (Insight) (ci-après le “Site Internet”), vous reconnaissez avoir lu, compris et accepté irrévocablement es présentes CGU. HRCP se réserve le droit de modifier, à tout moment, le contenu desdites CGU sans que sa responsabilité ne puisse être engagée. Lors de l’utilisation du Site Internet, il vous appartient de vous référer à la dernière version des CGU, telles qu’elles sont disponibles sur le Site Internet,. En cas de désaccord sur les CGU, vous êtes tenus à ne pas accepter les CGU et à ne pas utiliser le Service.
2. Description du Service
HRCP fournit des services de reclassement, de gestion de carrière, d’évaluation. Le Service désigne
(a) l’accès au Site Internet,
(b) les services de reclassement, de gestion de carrière, d’évaluation et de compétences, et d’employabilité, la technologie HRCP afférente et les autres services associés (dont la gestion des dossiers et les services analytiques), et
(c) l’ensemble des logiciels (incluant le “Logiciel” tel que défini ci-dessous), matériels, portails, recommandations, offres d’emplois, données, rapports, textes, illustrations, enregistrements sonores, vidéos, analyses et tout autre contenu rendu accessible à travers les éléments visées aux points a) et b) ci-dessus (désignés collectivement ci-après comme le “Contenu”)-. Les nouvelles fonctions qui complètent le Service ou qui l’enrichissent sont également soumises aux CGU et à la politique de confidentialité de HRCP.
3. Conditions générales d’accès et d’utilisation du Service
3.1 Conformément aux dispositions des présentes CGU, vous ne pouvez avoir accès au Service et l’utiliser que pour des fins légales.
Vous vous interdisez
(a) de concéder le service en sous–licence, de le vendre, de le louer, de le céder, de l’attribuer, de l’exploiter commercialement de toute autre manière et/ou de le mettre à la disposition d’un tiers;
(b) d’utiliser le Service de manière illégale (notamment, sans que cette liste soit limitative, en violation des lois et règlements relatifs à la protection des données, à la protection de la vie privée ou à la propriété intellectuelle) ou de toute autre manière qui soit susceptible d’entraver ou ou de perturber l’intégrité ou le fonctionnement de toute ou partie du Service;
(c) de modifier, d’adapter ou de pirater le Service, de chercher de toute autre manière à obtenir un accès illicite au Service ou aux systèmes ou réseaux qui y sont liés ; ou
(d) d’en utiliser le contenu sur d’autres sites Internet ou sur d’autres médias (par exemple sur un environnement réseau). Vous devez respecter la totalité des codes de conduite, des lignes d’orientation ou des autres directives que HRCP vous fournit ou publie en lien avec le Service, et vous vous engagez à signaler immédiatement HRCP tout problème de sécurité concernant le Service. Si vous faites usage de certains services, vous êtes en outre soumis à toutes les conditions complémentaires applicables à ces services et qui sont régulièrement publiées sur le Site Internet, incluant, mais sans s’y limiter, la politique de protection des données personnelles de HRCP.
3.2 Tous les logiciels qui sont mis à disposition par HRCP dans le cadre du Service (collectivement désignée le “Logiciel” dans les présentes CGU) contiennent des informations sur lesquelles il existe des droits de propriété et des informations confidentielles qui sont protégées par la législation applicable en matière de propriété intellectuelle, ainsi que par d’autres dispositions légales. Conformément aux dispositions des présentes CGU, HRCP, vous octroie à titre personnel, non exclusif et non cessible, un droit d’utilisation du Logiciel qui ne peuvent faire l’objet d’une sous-licence, et cela sur un seul appareil à utiliser dans le cadre du Service. La concession du droit d'utilisation du Site Internet prévue au titre du présent contrat n'entraîne aucun transfert de droit de propriété. Vous indiquez par la présente que vous n’essayerez pas d’obtenir un accès au Service par d’autres manières que par l’interface proposée par HRCP pour accéder au Service.
3.3. Vous reconnaissez être seul responsable de l’ensemble des données, informations, commentaires, suggestions, textes, contenus et autres matériaux que vous téléchargez, postez, fournissez, transmettez ou d’une autre manière envoyer ou diffusez sur le site (ci-après « envoi(s)/envoyer ») dans le cadre du Service (« Votre Contenu »). Vous déclarez et garantissez par les présentes, que Votre Contenu est exact, précis et complet (et notamment, mais pas seulement, le contenu de votre CV, vos données biographiques et vos informations sur les emplois exercés lorsque vous utilisez le Service comme demandeur d’emploi). Vous êtes responsable du maintien de la confidentialité de votre identifiant, de votre mot de passe et de votre compte, et de toutes les activités qui se déroulent dans le cadre de l’utilisation de votre compte. HRCP se réserve le droit d’accéder à votre compte pour répondre à vos demandes de support technique. En envoyant Votre Contenu sur ou via le Service, vous octroyez à HRCP une licence mondiale, non exclusive, permanente, irrévocable, libre de droits, entièrement payée, susceptible d’être donnée en sous-licence, qui lui permet d’utiliser, de modifier, de reproduire, de diffuser, d’afficher, de publier et de mettre en œuvre Votre Contenu dans le cadre du Service. HRCP a le droit mais pas l’obligation de surveiller le Service, son contenu et Votre contenu. Vous acceptez également que HRCP peut, sans motif ou pour quelque motif que ce soit, supprimer ou désactiver votre Contenu (notamment, mais sans s’y limiter, après avoir reçu des réclamations ou des allégations de tiers ou d’autorités concernant le Contenu en question).
3.4 Vous comprenez que le fonctionnement du Service, incluant Votre Contenu, peut être décrypté et peut impliquer
(a) des transmissions sur différents réseaux,
(b) des modifications pour répondre et s’adapter aux exigences techniques pour la connexion des réseaux ou des appareils,
(c) le transfert vers des tiers fournisseurs et partenaires d’hébergement de HRCP pour la fourniture de matériel informatique, de logiciels, de réseaux, de stockage et la technologie y afférente, nécessaire à l’exploitation et au maintien du Service, et
(d) à un transfert vers d’autres tiers dans le cadre de la fourniture du Service à votre égard. Par conséquent, vous reconnaissez que vous assumez l’entière responsabilité d’assurer un niveau suffisant de sécurité, d’une protection et d’une sauvegarde suffisante de Votre Contenu. HRCP n’assume aucune responsabilité à votre égard pour tout accès et/ou utilisation de Votre Contenu non autorisé d, et/ou pour toute corruption, suppression, destruction ou perte de tout ou partie de Votre Contenu.
3.5 Si vous êtes demandeur d’emploi, vous convenez en outre que vous vous fondez sur votre propre capacité de jugement, votre prudence et votre bon sens lors de l’évaluation des employeurs potentiels et des informations qui vous sont fournies par ceux-ci ou via le Service et que vous supportez seul le risque associé à la confiance que vous portez sur le Contenu qui est fourni par le Service, et sur l’utilisation que vous en faites (et notamment mais pas seulement les offres d’emplois ou recommandations).
3.6 Le fait pour HRCP de ne pas se prévaloir de l'une quelconque des obligations visées par les présentes, ne saurait être interprété à l'avenir comme une renonciation à l'obligation en cause.
3.7 Vous reconnaissez que dans le cadre de l’exécution d’un contrat, une société cliente de HRCP peut demander à HRCP d’assister les personnes qu’elle emploie ou qu’elle a employé dans leur recherche d’emploi (ci-après : « Contrats Clients ").
3.8 Si vous utilisez ce Service en vertu d’un Contrat Clients, vous reconnaissez que le service qui est mis à votre disposition ne dépassera en aucun cas la portée, la durée et/ou les autres limitations du Contrat Clients en vertu duquel vous avez ou vous avez eu accès au Service.
3.9 Si vous utilisez le Service en application d’un Contrat Client, vous autorisez HRCP à rendre disponible au Client, notamment mais pas seulement, les rapports d’avancement et autres informations qui vous identifient et indiquent votre niveau d’utilisation du Service, le périmètre de votre utilisation du Service, votre niveau d’avancement et le statut dans votre recherche d’emploi, votre niveau de satisfaction du service, soit de manière individuelle ou statistique. Nous vous prions de prendre connaissance de la politique de protection des données personnelles de HRCP pour plus d’information sur la collecte, l’utilisation et la publication de vos données en application du Contrat Client.
3.10 Vous reconnaissez que
(a) HRCP peut fixer des pratiques et des restrictions générales concernant l’utilisation du Service, et notamment mais sans s’y limiter, concernant la durée maximale durant laquelle le Contenu est conservé par le Service et l’espace maximal de stockage qui vous est attribué,
(b) HRCP n’assume aucune responsabilité en cas de suppression ou de non–stockage du Contenu qui est conservé et téléchargé vers le Service, et
(c) HRCP est autorisée à conserver et à publier tout ou partie du Contenu si elle y est obligée par la loi ou si, de bonne foi, elle est convaincue qu’une telle conservation ou une telle publication estsont nécessairement raisonnables pour:
(i) satisfaire à des procédures juridiques, à la législation applicable ou à des demandes des pouvoirs publics ;
(ii) appliquer la présente convention ;
(iii) répondre à des actions suivant lesquelles le contenu violerait les droits de tiers ; ou
(iv) protéger les droits, la propriété ou la sécurité personnelle de HRCP, celle de ses utilisateurs et du public.
4. Représentation et garanties
Dans le cadre de l’utilisation du présent Service vous vous engagez à ne PAS réaliser les actes suivants : enfreindre les lois et les règlements, et notamment mais pas seulement, la législation relative à la lutte contre la discrimination ou la législation relative à l’égalité des chances en matière d’emploi; enfreindre les droits de propriété intellectuelle et les droits au respect à la vie privée incluant, notamment, mais pas seulement, les lois et réglementations relatives aux brevets, droits d’auteur, marques de commerce ou secrets commerciaux ; télécharger, publier, transmettre ou stocker des informations illégales, injurieuses, diffamatoires, trompeuses, mensongères, malveillantes, obscènes, répréhensible, et/ou frauduleuses ; enfreindre vos obligations contractuelles et/ou de confidentialité ; perturber ou gêner le fonctionnement normal du Site Internet, notamment en introduisant ou en transmettant des virus, ou en publiant de manière permanente et répétée les mêmes informations, ou en publiant des informations d’une ampleur anormale, ou qui ne sont pas autorisées par HRCP, parmi lesquelles, mais sans s’y limiter, de la publicité non autorisée, ou des annonces publicitaires non sollicitées, des courriers indésirables, des spams, des chaînes d’e-mails, des systèmes de pyramide, des accords de franchise, de distribution, de vente, ou toute autre information inacceptable, ; porter atteinte au droit au respect à la vie privée ou aux droits individuels appartenant à des tiers en faisant une utilisation abusive du Contenu, notamment par, mais sans s’y limiter, le harcèlement envers une autre personne, l’envoi d’e-mails non demandés et la collecte de données personnelles concernant d’autres personnes ; porter atteinte ou entreprendre de porter atteinte aux mesures de sécurité du Site Internet ; faire usage d’un appareil, d’un processus ou d’un mécanisme visant à exercer le contrôle du Site Internet, à rechercher des Informations du Site Internet, ou à obtenir l’accès au Site Internet et à l’Information sans une autorisation écrite préalable de HRCP, par exemple via un "spider" ou robot ; vous procurer l’accès, ou entreprendre de vous procurez l’accès, à un compte ou un code d’ouverture de session de tiers qui sont mentionnés sur le Site Internet ; publier ou mettre à disposition des informations inexactes, fausses ou incomplètes concernant notamment votre CV, vos données biographiques, l’emploi vacant et le profil de l’entreprise ; vous faire passer pour une autre personne ou entité ; falsifier les informations d’un en-tête dans une publication électronique ou dans un e-mail ; vous présenter sous une fausse identité et/ou présenter faussement vos liens avec des tiers ou avec votre entité.
5. Résiliation
5.1 Si vous utilisez du Service dans le cadre d’un Contrat Clients, vous reconnaissez que votre accès à ce Service prendra fin lorsque le Contrat Clients prendra fin pour quelque cause que ce soit.
5.2 HRCP se réserve le droit
(i) de modifier le Service (ou une partie de celui-ci) ou de l’interrompre de manière temporaire ou permanente, et
(ii) de refuser toute utilisation présente ou future du Service, de votre compte (ou d’une partie de celui-ci) ou de suspendre l’utilisation du Service ou d’y mettre fin, ou de supprimer Votre Contenu du Service pour quelque motif que ce soit et notamment si HRCP estime que vous avez enfreint les présentes CGU.
5.3 HRCP n’est pas responsable envers vous et/ou envers un tiers en raison d’une quelconque modification, suspension ou interruption du Service. HRCP s’engage à fournir ses meilleurs efforts pour vous contacter afin de vous avertir au préalable, de la suspension ou de la cessation de votre compte auprès de HRCP.
5.4 Tout Votre Contenu sur le Service (le cas échéant) peut à tout moment être supprimé par HRCP après la clôture de votre compte sans vous ouvrir droit à des indemnités.
6. Exclusions Disclaimer.
6.1 Le Service, incluant le Site Internet, le Contenu (incluant, notamment, mais pas seulement, les pistes d’emplois, les recommandations, et les analyses) et l’ensemble des serveurs, des composants des réseaux, sont fournis sur tels quels et sous la réserve d’être disponible sans aucune garantie de quelque nature que ce soit et HRCP décline toute garantie implicite ou explicite, incluant notamment mais pas seulement les garanties implicites de valeur marchande, de titre, de conformité à des fins particulières, d’absence de contrefaçon.
6.2. Vous reconnaissez que HRCP ne garantit pas que le Service sera fourni de manière ininterrompue, opportun, de manière sûre, exempt d’erreur ou de virus et qu’aucune information, conseil ou service que vous obtenez de HRCP ou via le Service ne saurait constituée une quelconque garantie non expressément mentionnée dans les présentes CGU.
6.3. Sans restreindre la portée de ce qui précède, si vous êtes un demandeur d’emploi,
(a) vous reconnaissez et acceptez que les pistes d’emploi que HRCP pourrait ajouter sur votre compte proviennent de tierces parties, sans que ces pistes aient été préalablement vérifiées de quelque nature que ce soit par HRCP, et
(b) HRCP ne déclare ni ne garantit que les pistes d’emploi soient appropriées et légitimes, que vous obtiendrez un emploi via l’utilisation du Service ou que l’emploi trouvé via le Service correspond à vos besoins ou approprié pour vous.
6.4. HRCP n’assume de quelque manière que ce soit aucune responsabilité relative au contenu ou au matériel de tiers (parmi lesquels celui fourni par les utilisateurs) disponibles directement ou indirectement dans le cadre du Service et décline toute responsabilité découlant d’une négligence ou autre concernant ce contenu.
7. Limitation de responsabilité
HRCP n’est liée que par une obligation de moyens et ne saurait, en aucun cas, être tenue responsable des dommages indirects. Sont considérés comme des dommages indirects les pertes de chiffre d’affaires, de marges, de bénéfices, de clients, d’exploitation, les actes des tiers, la perte de données etc. Le responsabilité de HRCP ne pourra être engagée qu’en cas de dommage direct dûment prouvé sans pouvoir dépasser le montant total des frais d’abonnement que vous payés les six (6) mois précédant l’évènement ouvrant droit à votre demande, ou si aucun frais d’abonnement ne s’applique, un montant de cent (100) euros. La présente limitation de responsabilité est une condition essentielle des présentes CGU et déterminante du consentement de HRCP.
8. Garanties
Vous garantissez HRCP contre tout recours, incluant, notamment mais pas seulement, les frais judiciaires raisonnables résultant d’un manquement de votre part des CGU, de tout ou partie de votre Contenu, ou de votre utilisation correcte ou abusive du Service. HRCP vous informera de toute réclamation, poursuite ou demande dont elle aura connaissance. HRCP se réserve à titre exclusif le droit d’assurer la défense et le contrôle de toute question qui serait relative aux garanties énoncées au titre des présentes. Le cas échéant, vous acceptez de coopérer à toute demande raisonnable aux fins d’assister HRCP pour la défense en cette matière. Nonobstant ce qui précède, vous n’avez aucune obligation de garantir HRCP de toute poursuite réclamation, ou demande résultant d’une action ou une inaction de HRCP.
9. Cession
Vous renoncez à céder ces CGU sans le consentement préalable de HRCP et autorisez HRCP à céder ou transférer ces CGU, en toute ou partie, sans restriction.
10. Loi applicable et juridiction compétente
Les CGU sont régies par la loi française. Il en est ainsi pour les règles de fond comme pour les règles de forme. Si un différend survenait à propos de l'interprétation, de l'exécution ou de la résiliation des CGU, vous vous efforcerez de le régler à l'amiable avec HRCP préalablement à toute action en justice. En cas de litige persistant, il serait porté devant le Tribunal de Commerce de Paris nonobstant pluralité de défendeurs ou appel en garantie. Cette compétence s’applique également en matière de référé.
11. DMCA
11.1 Par exception à l’article 10 des CGU relatif à l’application du droit français, le recours prévu par le Digitial Millenium Copyright Act de 1998 (le “DMCA”) tel qu’il est décrit ci-dessous également est applicable dans le cadre de l’exécution des CGU. Dès lors, la possibilité de recours issus par le DMCA ne fait pas obstacle à l’application d’autres voies de recours prévus par le droit français.
11.2 Le DMCA prévoit un recours pour les propriétaires de droits d’auteur qui pensent que le matériel apparaissant sur Internet porte atteinte à leurs droits conférés par la législation des Etats-Unis sur le droit d’auteur. HRCP (et/ou toute autre société appartenant au même groupe que HRCP) traitera et enquêtera dans les meilleurs délais les notifications d’infractions alléguées et prendra les mesures appropriées conformément à la DMCA et/ou de toute autre législation sur la propriété intellectuelle qui serait applicable. La notification d’une violation alléguée d’un droit d’auteur devra être envoyé par email à l’agent de droits d’auteur de RiseSmart (RiseSmart appartenant au même groupe que HRCP) à l’adresse mail suivante at ddavenport@risesmart.com (avec pour objet: “DMCA” Takedown Request”). Vous pouvez également contacter l’agent de droits d’auteurs par courrier à :
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
12. Applications software compatibles avec Apple
12.1 HRCP propose des applications software qui sont destinées à être utilisées sur des produits qui sont commercialisés par Apple Inc. (« Apple »), à côté d’autres plates-formes. S’agissant du Software qui est mis à disposition pour être utilisé en connexion avec un produit de la marque Apple (ce Software est désigné comme « le Software compatible Apple »), les conditions suivantes sont d’application en plus des autres dispositions prévues dans les présentes CGU.
12.2 HRCP et vous-même reconnaissez que la présente convention a été conclue exclusivement entre HRCP et vous-même, et non avec Apple, et que pour ce qui concerne HRCP et Apple, seule HRCP, et non Apple, assume la responsabilité exclusive du Software compatible Apple et de son contenu.
12.3 Il est interdit d’utiliser le Software compatible Apple d’une manière qui constituerait une violation aux qui irait à l’encontre des règles d’utilisation pour le Software compatible Apple figurant dans les conditions de service de l’App Store ou qui d’une toute autre manière serait contraire à ces conditions de service.
13. Langue faisant foi
Les présentes CGU sont rédigées en langue française. Dans le cas où il serait traduit en une ou plusieurs langues étrangères, seul le texte français ferait foi en cas de litige.
Effective April 18th 2019 to April 19th 2019
DownloadTable of Contents
POLITIQUE DE PROTECTION DES DONNÉES PERSONNELLES RISESMART FRANCE POUR HR CONSULTANCY PARTNERS
Lorsque nous traitons vos données personnelles, nous les utilisons conformément à notre Politique de Protection des Données Personnelles.
RiseSmart est convaincu que le respect de la vie privée de ses participants et candidats, ainsi que de ses autres relations et des visiteurs de son site Internet revêt une importance cruciale. Vos données personnelles sont dès lors traitées et sécurisées avec le plus grand soin possible, conformément aux exigences de la législation applicable en matière de protection des données.
1. Qui sommes-nous ?
RiseSmart est un outil développé par la Société RiseSmart dont le siège est établi au 55 Almaden Boulevard, Suite 800, San Jose, CA 95113, United States of America, (ci-après dénommée « RiseSmart »), déployé et opéré par la Société HR consultancy partners, S.A.S.U au capital de 7 296 000 €, immatriculée sous le numéro 490 748 670 01271 au registre de commerce et des sociétés de Paris, filiale du Groupe Randstad en France, (ci-après dénommée « HRCP »).
2. Responsable de traitement
La plateforme RiseSmart est déployée dans le cadre d’une mission confiée par le Client à HRCP. Au regard de la réglementation sont considérés comme co-responsable de traitement respectivement le représentant légal du Client et le représentant légal du Groupe Randstad en France dont la Société HR consultancy partners, située 39 rue Saint Lazare, 75009 PARIS (France), est une composante, le responsable de traitement est Monsieur François BÉHAREL.
3. Finalités et fondement juridique du traitement
Nous collectons et traitons vos données dans le cadre de la fourniture du Service RiseSmart pour vous et nos Clients.
Nous recueillons vos données et les traitons uniquement avec votre consentement, pour l'exécution du Contrat passé entre HRCP et son Client. Les mentions obligatoires pour la gestion de votre dossier sont précédées de la mention * (les autres sont facultatives et sans conséquence pour l’examen de ce dernier).
Vos données personnelles sont, en particulier, traitées dans le but de :
- vous fournir nos Services, y compris, mais sans s’y limiter, déterminer quelle assistance particulière vous attendez des Services ;
- vous établir des offres et/ou vous fournir des informations relatives aux Services et à d’autres activités, ainsi que pour pouvoir les adapter davantage à vos exigences et qualités. Ces services sont réalisés par nos collaborateurs et partiellement automatisés, et peuvent inclure la fourniture de possibilités d’emploi, de formation de recherche d’emploi, d’aide à la rédaction d’un CV et/ou d’autres Services d’aide ;
- promouvoir votre développement personnel et votre employabilité, y compris par la formation, le coaching et des tests ;
- évaluer votre compatibilité et votre disponibilité par rapport à des emplois à durée indéterminée ou à durée déterminée ou pour une mission, auquel cas des résultats de tests, des questionnaires, des séances de conseil, des discussions, des vérifications de références, des échanges d’e-mails et d’autres canaux, etc. peuvent également être utilisés ;
- assister un Client via les Services lors d’un reclassement externe, de services de gestion de carrière et d’évaluation de compétences pour ses collaborateurs actuels et/ou antérieurs ;
- fixer une mission dans un contrat avec le Client et gérer le contrat et son application avec le Client ;
- vous contacter pour des offres commerciales, des bulletins d’information et des campagnes promotionnelles qui pourraient vous intéresser, uniquement si vous vous êtes enregistré à ces fins (opt-in) ;
- organiser des événements pour vous, uniquement si vous vous êtes enregistré à cette fin (opt-in) ;
- de les utiliser pour des finalités de gestion dont entre autres, la gestion des informations (statistiques,..), en vue d’assurer le contrôle interne et la sécurité de notre entreprise, l’exécution d’audits (internes/externes ) et d’analyse de données, la santé et la sécurité de nos collaborateurs
- atteindre des objectifs en termes de qualité, tels qu’une certification ;
- améliorer le contenu et le fonctionnement des Services, mieux comprendre les utilisateurs de RS et améliorer les Services ;
4. Quand collectons-nous vos données personnelles ?
Nous collectons vos données à partir du moment où vous saisissez ou laissez vos données sur le site Internet RiseSmart, lorsque vous vous enregistrez en tant que participant/candidat auprès de RiseSmart ou lorsque vos données sont partagées avec nous par notre Client (votre employeur actuel ou précédent) dans le cadre de notre contrat avec ce Client relativement aux Services.
Nous collectons également vos données de navigation lorsque vous visitez sans vous enregistrer notre plateforme, en recourant aux cookies.
5. Quelles données personnelles collectons-nous à votre sujet ?
Nous collectons et traitons les données personnelles nécessaires pour la réalisation de ce Service. Certaines de ces données sont obligatoires pour vous permettre d’utiliser nos Services. D’autres données peuvent s’avérer utiles pour adapter davantage les Services à vos exigences et qualités, ou pour répondre plus spécifiquement aux demandes ou obligations du Client. Vous êtes personnellement responsable de l’exactitude et de la pertinence des données que vous transmettez à RiseSmart.
Lorsque vous vous enregistrez en tant que participant auprès de HRCP, vous nous transmettez des données personnelles, y compris les suivantes, pour rappel seuls les champs accompagnés d’une astérisque sont obligatoires :
- nom et adresse détaillée, adresse e-mail, et autres informations de contact ;
- date de naissance, âge et sexe ;
- curriculum vitae (CV), récents intitulé de poste, employeurs actuel et précédents, informations relatives à vos études et à vos formations, vos affectations, votre expérience professionnelle, vos aptitudes linguistiques, vos objectifs en termes d’emploi, vos attentes salariales, vos intérêts ;
- votre profil professionnel sur les médias sociaux et les profils pertinents de votre réseau ;
- des informations relatives aux formations et cours que vous avez suivis et/ou aux tests que vous avez passés, de votre propre initiative ou par notre intermédiaire ;
- des données relatives à vos disponibilités et congés ;
- d’autres données pouvant être importantes dans le cadre de l’évaluation de votre adéquation, telles que des références et certificats ;
- une photo d’identité et une vidéo (de présentation) - sur une base volontaire ;
- des informations relatives à vos progrès et au statut de votre recherche d’emploi ;
- des informations relatives à la satisfaction de vos clients et autre feedback relatif à la recherche d’emploi et aux Services.
Les Clients de HRCP peuvent demander à HRCP d’aider leurs collaborateurs actuels et/ou antérieurs à chercher un emploi par le biais des Services (« Contrat de prestation de services »). Dans le cadre de ces Contrats, HRCP reçoit, de la part du Client, une liste de personnes entrant en ligne de compte pour les Services avec des données les concernant . Si vous entrez en considération, la liste établie par le Client peut reprendre votre nom, votre récent titre de fonction, votre adresse de domicile, votre numéro de téléphone, votre adresse e-mail, votre département ou service, ainsi que d’autresdonnées personnelles.
Ce n’est que pour cette finalité que HRCP confie vos données personnelles à RiseSmart.
Les Clients peuvent également enregistrer directement des participants avec leurs données sur la plateforme RiseSmart sans que RiseSmart ou HRCP n’exerce de contrôle sur les données qui seront ainsi enregistrées.
Dans le cadre de votre compte en ligne, que vous pouvez créer pour les Services, RiseSmart peut vous demander de créer un nom d’utilisateur unique, un mot de passe et une question de rappel, et d’utiliser ces informations de connexion pour accéder à votre compte. Vous acceptez de protéger la confidentialité de votre nom d’utilisateur, de votre mot de passe et de votre question de rappel. Si vous les dévoilez, vous serez entièrement responsable de toute utilisation, tout vol, toute altération, tout abus, toute divulgation ou toute autre perte de vos données personnelles ou d’autres informations en découlant.
En fournissant volontairement à RiseSmart des données personnelles ou en utilisant le service (y compris dans le cadre d'un engagement client de la société), vous consentez à ce que RiseSmart utilise vos données personnelles conformément à la présente politique de confidentialité. Si vous ou le client de la société fournissez des Données Personnelles dans le cadre du Service, vous reconnaissez et acceptez que ces Données Personnelles peuvent être transférées de votre ou de son emplacement actuel vers les bureaux et serveurs de RiseSmart et des tiers autorisés mentionnés dans les présentes aux États-Unis ou dans d'autres pays.
6. Informations techniques et cookies
RiseSmart utilise des cookies et autres statistiques web, afin de savoir comment les visiteurs utilisent son site Internet. Ces informations nous aident à améliorer le site. Un cookie est un fichier enregistré sur votre ordinateur. Lorsque vous retournez ultérieurement sur notre site Internet, ces cookies peuvent être reconnus.
Vous pouvez à tout moment désactiver l’utilisation de cookies pour le site de RiseSmart dans les paramètres de votre navigateur. Cette désactivation peut altérer la présentation graphique du site, et empêchera RiseSmart de reprendre à chaque connexion les préférences de navigation que vous aviez manifestées. Cette désactivation peut également empêcher la bonne exécution de certaines fonctionnalités des Services.
Les cookies sur les Services peuvent être mis en place par RiseSmart ou par des éditeurs tiers. La présente politique ne s’applique qu’aux cookies mis en place par RiseSmart.
Nous vous conseillons de consulter notre Politique Relative aux Cookies pour une information plus précise.
Comme bon nombre d’autres sites Internet, notre plateforme collecte automatiquement certaines données relatives à ses utilisateurs, dont l’adresse de protocole Internet (IP) de votre ordinateur, l’adresse IP de votre fournisseur d’accès à Internet, la date et l’heure de connexion au site Internet, l’adresse Internet depuis laquelle vous avez été directement redirigé vers notre site Internet, le système de contrôle que vous utilisez, les sections du site Internet que vous visitez, les pages du site Internet que vous avez consultées et les informations que vous avez vues, des renseignements relatifs aux types d’appareils que vous avez utilisés pour surfer sur le site, votre emplacement géographique et le matériel que vous avez chargé sur ou téléchargé depuis le site Internet. Ces informations techniques sont utilisées pour la gestion du site Internet et pour le contrôleur de système, ainsi que pour améliorer le site Internet et son utilisation. Ces données techniques peuvent être transmises à des tierces parties et conservées en vue d’une utilisation ultérieure.
La présente Politique de Protection des Données Personnelles s’applique uniquement au service fourni par l’outilRiseSmart. Les politiques et procédures décrites ici ne s’appliquent pas à aux autres sites Internet. Les liens depuis les Services n’impliquent pas notre accord avec ou notre consultation des autres sites Internet. Nous vous recommandons de contacter ces sites directement pour obtenir des informations au sujet de leurs politiques de protection des données.
7. Données agrégées
Dans le cadre de ses efforts constants en vue de mieux comprendre et servir les utilisateurs de ses Services, RiseSmartréalise souvent des recherches au sujet de l’emplacement géographique, des intérêts, des résultats et du comportement de ses utilisateurs sur la base des données personnelles et d’autres informations fournies à RiseSmart. Ces recherches et autres mesures ou analyses relatives au comportement, aux résultats ou aux examens des utilisateurs peuvent être compilées et analysées sur une base agrégée. De plus, RiseSmart peut partager ces données agrégées avec ses associés, ses agents et ses partenaires. Ces informations agrégées ne vous identifient pas personnellement.RiseSmart peut également divulguer des statistiques d’utilisateurs agrégées dans le but de décrire les Services de RiseSmart à des partenaires actuels et potentiels, ainsi qu’à d’autres tierces parties à d’autres fins légales.
8. Destinataires de vos données
Dans le cadre du Service, RiseSmart peut collecter, transmettre et utiliser vos Données Personnelles et d'autres informations dans le but de vous fournir le Service, y compris, mais sans s'y limiter, pour déterminer quelle aide particulière vous attendez du Service et, si vous êtes un demandeur d'emploi, vous fournir des pistes d'emploi, une formation à la recherche d'emploi, une aide à la rédaction de CV et/ou d'autres formes d'assistance. RiseSmart peut également utiliser vos Données personnelles et d'autres informations
(a) pour vous identifier et vous authentifier, par exemple, pour votre accès à votre compte de Service et votre communication avec le personnel de RiseSmart, ou
(b) à l'interne pour augmenter ou ajuster l'activité de Service de RiseSmart pour votre compte, rapporter le rendement du Service à l'interne à la direction de RiseSmart, effectuer une formation interne et gérer de toute autre manière les activités de RiseSmart.
En outre, si vous fournissez des Données Personnelles ou d'autres informations pour une certaine raison, RiseSmart peut utiliser les Données Personnelles ou d'autres informations en relation avec la raison pour laquelle elles ont été fournies. Par exemple, si vous contactez RiseSmart par e-mail, RiseSmart utilisera les Données Personnelles que vous fournissez pour répondre à votre question ou résoudre votre problème.
RiseSmart peut mettre à la disposition de l'entreprise cliente des rapports d'étape et d'autres informations qui peuvent vous identifier et indiquer l'état de votre utilisation du Service, l'étendue de votre utilisation du Service, votre progression et votre statut d'étape dans la recherche d'emploi, votre satisfaction client ou tout autre commentaire relatif au Service, dans chaque cas individuellement ou d'une manière agrégée (collectivement,"Données de Progrès"). De temps à autre, RiseSmart peut mettre à votre disposition des outils pour vous permettre d'ajuster les données de progression que RiseSmart est autorisé à partager avec le client de l'entreprise. Si vous avez des questions ou des préoccupations au sujet des données de progression que RiseSmart peut partager avec le client de l'entreprise, veuillez contacter le Délégué à la Protection des Données.
HRCP peut transmettre vos données personnelles à d’autres entités HRCP, à ses Clients, à ses sous-traitants (p. ex. sociétés de traitement de données) qui réalisent des Services ou exécutent des missions pour son compte, ses fournisseurs, des autorités publiques et autres relations professionnelles, ainsi que dans tous les autres les cas où HRCPest tenue de les transmettre, p. ex. sur ordre ou décision d’un tribunal.
La technologie RiseSmart est fournie par RiseSmart, Inc., basée aux États-Unis et soutenue par RiseSmart HR Services Pvt. Ltd. en Inde. De même, les Clients et d’autres entités Randstad et sous-traitants peuvent être établis hors de la France. Vos données personnelles peuvent, dès lors, être transférées hors de la France. Le transfert de Données Personnelles est encadré par les Clauses Contractuelles Type de la Commission Européenne. Les mesures nécessaires sont prises pour veiller à ce que vos données personnelles transférées soient correctement protégées contre toute perte ou tout traitement illicite.
Dans le cadre du développement de ses activités, HRCP peut vendre ou acheter des activités ou actifs. En cas de vente, de fusion, de réorganisation, de dissolution d’entreprise ou autre événement similaire, les données personnelles et autres informations peuvent faire partie des actifs transférés.
RiseSmart, à l'instar de nombreuses entreprises, fait parfois appel à d'autres entreprises pour exécuter certaines fonctions liées aux affaires, y compris l'analytique. Lorsque RiseSmart engage une autre société pour exécuter une fonction en son nom, RiseSmart peut lui fournir vos Données Personnelles et d'autres informations dans la mesure nécessaire ou utile pour lui permettre d'accomplir sa fonction spécifique de façon encadrée et sécurisée.
HRCP et RiseSmart s’engagent à ce que ces informations ne soient pas cédées ou diffusées à d’autres tiers, en particulier, HRCP et RiseSmart ne partagent pas vos données à des tiers pour des fins de prospection commerciale.
9. Gestion de l’information
HRCP et RiseSmart recevront ou saisira toutes vos données personnelles et informations assimilée sous forme électronique. RiseSmart les réunira dans un base de donnée dont elle est propriétaire, et qu’elle stockera aux États-Unis d’Amérique ou dans un pays tiers, dans le respect du droit. Afin d’assurer l’exactitude de ces données personnelles,HRCP ou RiseSmart pourront vous inviter à vérifier celles-ci.
Les personnels de HRCP et RiseSmart pourront accéder à votre compte en ligne, et depuis tout lieu de leur exercice professionnel, déterminer les besoins à combler et les actions à mener, et si vous êtes à la recherche d’un emploi, vous communiquer les opportunités d’emploi pertinentes.
HRCP et RiseSmart prennent les mesures nécessaire à la protection de vos données personnelles contre la perte, le détournement, l’accès non autorisé, la publication et la destruction. Toutefois, aucune communication électronique n’est parfaitement sécurisée ou à l’abri d’une erreur. En particulier, les courriers électroniques ainsi que les autres communication envers ou depuis le service peuvent ne pas être sécurisés. Dès lors, il vous appartient de rester prudent dans les informations que vous envoyez à RiseSmart par ces moyens.
10. Limite de la présente politique
Cette Politique de Protection des Données Personnelles s’applique également aux données que vous révélez lors de votre utilisation du service alors même que leur collecte n’est pas nécessaire à la bonne utilisation. Toutefois, cette divulgation volontaire ne peut engager HRCP ou RiseSmart a aucune obligation nouvelle. RiseSmart conserve la faculté, si ces données ne sont pas utiles à l’utilisation du service, de les supprimer unilatéralement, ou d‘en faire librement usage dans le cas contraire.
11. Délégué à la Protection des Données
Vous pouvez contacter le Délégué à la Protection des Données de HRCP, en écrivant à l’adresse suivante :
Groupe Randstad France
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
12. Droits concernant vos données
Conformément à la législation sur la protection des données personnelles, vous disposez d’un droit d’accès, de rectification, de suppression et de portabilité des données vous concernant, et d’opposition ou de limitation du traitement de vos données. Pour exercer ces droits, vous pouvez nous contacter, en joignant impérativement une copie de votre pièce d’identité, condition indispensable pour le traitement de votre demande, en nous écrivant à l’adresse suivante :
Groupe Randstad France
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Nous vous rappelons que vous pouvez retirer à tout moment, et sans motif, votre consentement au traitement de vos données effectué par le Groupe Randstad en France.
Vous pouvez également introduire une réclamation auprès de l’autorité de contrôle compétente.
13. Durée de conservation
Conformément à la législation, votre dossier peut être conservé jusqu’à 2 ans après le dernier contact.
14. Modifications
La présente version a été établie en décembre 2017.
Pour différentes raisons, RiseSmart peut procéder à des modifications, des ajouts ou des corrections à la présente Politique de respect de la vie privée à tout moment. Veuillez consulter périodiquement la présente Politique de respect de la vie privée, en particulier avant de fournir des données personnelles vous concernant.
Effective February 5th 2018 to April 18th 2019
DownloadTable of Contents
Mentions légales
Editeur
Représentant légal : Monsieur Mickaël Hoffman-Hervé
S.A.S.U au capital de 7 296 000 €, immatriculée sous le numéro 490 748 670 01172 au registre de commerce et des sociétés de Paris
Adresse du siège social 11 rue Hector Malot – 75012 PARIS (France)
NAF 7022Z – numéro de TVA intracommunautaire FR 04 490 748 670
N° d’organisme de formation : 11 75 53157 75
Tél.: +33 (0)1 43 42 44 40
Directeur de publication
Monsieur Mickaël Hoffman-Hervé
Hébergeur
Amazon Web Services, Inc.
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
http://aws.amazon.com
Conception, design et réalisation technique
RiseSmart
Tax EIN: 20-8536015
Capital social : 107 765 396,69 USD
Représentant légal : VedPrakash Dubey
Dénomination : RiseSmart
Siège social : 55 Almaden Boulevard, Suite 800, San Jose, CA 95113
Politique de Cookies
La politique relative aux cookies est visée dans la politique de protection des données personnelles.
Conditions générales d’utilisation du Service
1. Acceptation des conditions.
Ce Site Internet (tel que défini ci-dessous) est mis à votre disposition par HR Consultancy Partners (ci-après désignée HRCP), dont le siège social est situé 11 rue Hector Malot, 75012 Paris.
En acceptant les présentes conditions générales d’utilisation du Service tel que défini ci-dessous (ci-après “CGU”), en ayant accès ou en faisant usage de notre site internet https://apps.risesmart.fr (Spotlight) et https://insight.risesmart.fr/hrportal (Insight) (ci-après le “Site Internet”), vous reconnaissez avoir lu, compris et accepté irrévocablement es présentes CGU. HRCP se réserve le droit de modifier, à tout moment, le contenu desdites CGU sans que sa responsabilité ne puisse être engagée. Lors de l’utilisation du Site Internet, il vous appartient de vous référer à la dernière version des CGU, telles qu’elles sont disponibles sur le Site Internet,. En cas de désaccord sur les CGU, vous êtes tenus à ne pas accepter les CGU et à ne pas utiliser le Service.
2. Description du Service
HRCP fournit des services de reclassement, de gestion de carrière, d’évaluation. Le Service désigne (a) l’accès au Site Internet, (b) les services de reclassement, de gestion de carrière, d’évaluation et de compétences, et d’employabilité, la technologie HRCP afférente et les autres services associés (dont la gestion des dossiers et les services analytiques), et (c) l’ensemble des logiciels (incluant le “Logiciel” tel que défini ci-dessous), matériels, portails, recommandations, offres d’emplois, données, rapports, textes, illustrations, enregistrements sonores, vidéos, analyses et tout autre contenu rendu accessible à travers les éléments visées aux points a) et b) ci-dessus (désignés collectivement ci-après comme le “Contenu”)-. Les nouvelles fonctions qui complètent le Service ou qui l’enrichissent sont également soumises aux CGU et à la politique de confidentialité de HRCP.
3. Conditions générales d’accès et d’utilisation du Service
3.1	Conformément aux dispositions des présentes CGU, vous ne pouvez avoir accès au Service et l’utiliser que pour des fins légales.
Vous vous interdisez (a) de concéder le service en sous–licence, de le vendre, de le louer, de le céder, de l’attribuer, de l’exploiter commercialement de toute autre manière et/ou de le mettre à la disposition d’un tiers; (b) d’utiliser le Service de manière illégale (notamment, sans que cette liste soit limitative, en violation des lois et règlements relatifs à la protection des données, à la protection de la vie privée ou à la propriété intellectuelle) ou de toute autre manière qui soit susceptible d’entraver ou ou de perturber l’intégrité ou le fonctionnement de toute ou partie du Service; (c) de modifier, d’adapter ou de pirater le Service, de chercher de toute autre manière à obtenir un accès illicite au Service ou aux systèmes ou réseaux qui y sont liés ; ou (d) d’en utiliser le contenu sur d’autres sites Internet ou sur d’autres médias (par exemple sur un environnement réseau). Vous devez respecter la totalité des codes de conduite, des lignes d’orientation ou des autres directives que HRCP vous fournit ou publie en lien avec le Service, et vous vous engagez à signaler immédiatement HRCP tout problème de sécurité concernant le Service. Si vous faites usage de certains services, vous êtes en outre soumis à toutes les conditions complémentaires applicables à ces services et qui sont régulièrement publiées sur le Site Internet, incluant, mais sans s’y limiter, la politique de protection des données personnelles de HRCP.
3.2	Tous les logiciels qui sont mis à disposition par HRCP dans le cadre du Service (collectivement désignée le “Logiciel” dans les présentes CGU) contiennent des informations sur lesquelles il existe des droits de propriété et des informations confidentielles qui sont protégées par la législation applicable en matière de propriété intellectuelle, ainsi que par d’autres dispositions légales. Conformément aux dispositions des présentes CGU, HRCP, vous octroie à titre personnel, non exclusif et non cessible, un droit d’utilisation du Logiciel qui ne peuvent faire l’objet d’une sous-licence, et cela sur un seul appareil à utiliser dans le cadre du Service. La concession du droit d'utilisation du Site Internet prévue au titre du présent contrat n'entraîne aucun transfert de droit de propriété. Vous indiquez par la présente que vous n’essayerez pas d’obtenir un accès au Service par d’autres manières que par l’interface proposée par HRCP pour accéder au Service.
3.3.	Vous reconnaissez être seul responsable de l’ensemble des données, informations, commentaires, suggestions, textes, contenus et autres matériaux que vous téléchargez, postez, fournissez, transmettez ou d’une autre manière envoyer ou diffusez sur le site (ci-après « envoi(s)/envoyer ») dans le cadre du Service (« Votre Contenu »). Vous déclarez et garantissez par les présentes, que Votre Contenu est exact, précis et complet (et notamment, mais pas seulement, le contenu de votre CV, vos données biographiques et vos informations sur les emplois exercés lorsque vous utilisez le Service comme demandeur d’emploi). Vous êtes responsable du maintien de la confidentialité de votre identifiant, de votre mot de passe et de votre compte, et de toutes les activités qui se déroulent dans le cadre de l’utilisation de votre compte. HRCP se réserve le droit d’accéder à votre compte pour répondre à vos demandes de support technique. En envoyant Votre Contenu sur ou via le Service, vous octroyez à HRCP une licence mondiale, non exclusive, permanente, irrévocable, libre de droits, entièrement payée, susceptible d’être donnée en sous-licence, qui lui permet d’utiliser, de modifier, de reproduire, de diffuser, d’afficher, de publier et de mettre en œuvre Votre Contenu dans le cadre du Service. HRCP a le droit mais pas l’obligation de surveiller le Service, son contenu et Votre contenu. Vous acceptez également que HRCP peut, sans motif ou pour quelque motif que ce soit, supprimer ou désactiver votre Contenu (notamment, mais sans s’y limiter, après avoir reçu des réclamations ou des allégations de tiers ou d’autorités concernant le Contenu en question).
3.4	Vous comprenez que le fonctionnement du Service, incluant Votre Contenu, peut être décrypté et peut impliquer (a) des transmissions sur différents réseaux, (b) des modifications pour répondre et s’adapter aux exigences techniques pour la connexion des réseaux ou des appareils, (c) le transfert vers des tiers fournisseurs et partenaires d’hébergement de HRCP pour la fourniture de matériel informatique, de logiciels, de réseaux, de stockage et la technologie y afférente, nécessaire à l’exploitation et au maintien du Service, et (d) à un transfert vers d’autres tiers dans le cadre de la fourniture du Service à votre égard. Par conséquent, vous reconnaissez que vous assumez l’entière responsabilité d’assurer un niveau suffisant de sécurité, d’une protection et d’une sauvegarde suffisante de Votre Contenu. HRCP n’assume aucune responsabilité à votre égard pour tout accès et/ou utilisation de Votre Contenu non autorisé d, et/ou pour toute corruption, suppression, destruction ou perte de tout ou partie de Votre Contenu.
3.5	Si vous êtes demandeur d’emploi, vous convenez en outre que vous vous fondez sur votre propre capacité de jugement, votre prudence et votre bon sens lors de l’évaluation des employeurs potentiels et des informations qui vous sont fournies par ceux-ci ou via le Service et que vous supportez seul le risque associé à la confiance que vous portez sur le Contenu qui est fourni par le Service, et sur l’utilisation que vous en faites (et notamment mais pas seulement les offres d’emplois ou recommandations).
3.6	Le fait pour HRCP de ne pas se prévaloir de l'une quelconque des obligations visées par les présentes, ne saurait être interprété à l'avenir comme une renonciation à l'obligation en cause.
3.7	Vous reconnaissez que dans le cadre de l’exécution d’un contrat, une société cliente de HRCP peut demander à HRCP d’assister les personnes qu’elle emploie ou qu’elle a employé dans leur recherche d’emploi (ci-après : « Contrats Clients ").
3.8	Si vous utilisez ce Service en vertu d’un Contrat Clients, vous reconnaissez que le service qui est mis à votre disposition ne dépassera en aucun cas la portée, la durée et/ou les autres limitations du Contrat Clients en vertu duquel vous avez ou vous avez eu accès au Service.
3.9	Si vous utilisez le Service en application d’un Contrat Client, vous autorisez HRCP à rendre disponible au Client, notamment mais pas seulement, les rapports d’avancement et autres informations qui vous identifient et indiquent votre niveau d’utilisation du Service, le périmètre de votre utilisation du Service, votre niveau d’avancement et le statut dans votre recherche d’emploi, votre niveau de satisfaction du service, soit de manière individuelle ou statistique. Nous vous prions de prendre connaissance de la politique de protection des données personnelles de HRCP pour plus d’information sur la collecte, l’utilisation et la publication de vos données en application du Contrat Client.
3.10	Vous reconnaissez que (a) HRCP peut fixer des pratiques et des restrictions générales concernant l’utilisation du Service, et notamment mais sans s’y limiter, concernant la durée maximale durant laquelle le Contenu est conservé par le Service et l’espace maximal de stockage qui vous est attribué, (b) HRCP n’assume aucune responsabilité en cas de suppression ou de non–stockage du Contenu qui est conservé et téléchargé vers le Service, et (c) HRCP est autorisée à conserver et à publier tout ou partie du Contenu si elle y est obligée par la loi ou si, de bonne foi, elle est convaincue qu’une telle conservation ou une telle publication estsont nécessairement raisonnables pour: (i) satisfaire à des procédures juridiques, à la législation applicable ou à des demandes des pouvoirs publics ; (ii) appliquer la présente convention ; (iii) répondre à des actions suivant lesquelles le contenu violerait les droits de tiers ; ou (iv) protéger les droits, la propriété ou la sécurité personnelle de HRCP, celle de ses utilisateurs et du public.
4. Représentation et garanties
Dans le cadre de l’utilisation du présent Service vous vous engagez à ne PAS réaliser les actes suivants : enfreindre les lois et les règlements, et notamment mais pas seulement, la législation relative à la lutte contre la discrimination ou la législation relative à l’égalité des chances en matière d’emploi; enfreindre les droits de propriété intellectuelle et les droits au respect à la vie privée incluant, notamment, mais pas seulement, les lois et réglementations relatives aux brevets, droits d’auteur, marques de commerce ou secrets commerciaux ; télécharger, publier, transmettre ou stocker des informations illégales, injurieuses, diffamatoires, trompeuses, mensongères, malveillantes, obscènes, répréhensible, et/ou frauduleuses ; enfreindre vos obligations contractuelles et/ou de confidentialité ; perturber ou gêner le fonctionnement normal du Site Internet, notamment en introduisant ou en transmettant des virus, ou en publiant de manière permanente et répétée les mêmes informations, ou en publiant des informations d’une ampleur anormale, ou qui ne sont pas autorisées par HRCP, parmi lesquelles, mais sans s’y limiter, de la publicité non autorisée, ou des annonces publicitaires non sollicitées, des courriers indésirables, des spams, des chaînes d’e-mails, des systèmes de pyramide, des accords de franchise, de distribution, de vente, ou toute autre information inacceptable, ; porter atteinte au droit au respect à la vie privée ou aux droits individuels appartenant à des tiers en faisant une utilisation abusive du Contenu, notamment par, mais sans s’y limiter, le harcèlement envers une autre personne, l’envoi d’e-mails non demandés et la collecte de données personnelles concernant d’autres personnes ; porter atteinte ou entreprendre de porter atteinte aux mesures de sécurité du Site Internet ; faire usage d’un appareil, d’un processus ou d’un mécanisme visant à exercer le contrôle du Site Internet, à rechercher des Informations du Site Internet, ou à obtenir l’accès au Site Internet et à l’Information sans une autorisation écrite préalable de HRCP, par exemple via un "spider" ou robot ; vous procurer l’accès, ou entreprendre de vous procurez l’accès, à un compte ou un code d’ouverture de session de tiers qui sont mentionnés sur le Site Internet ; publier ou mettre à disposition des informations inexactes, fausses ou incomplètes concernant notamment votre CV, vos données biographiques, l’emploi vacant et le profil de l’entreprise ; vous faire passer pour une autre personne ou entité ; falsifier les informations d’un en-tête dans une publication électronique ou dans un e-mail ; vous présenter sous une fausse identité et/ou présenter faussement vos liens avec des tiers ou avec votre entité.
5. Résiliation
5.1	Si vous utilisez du Service dans le cadre d’un Contrat Clients, vous reconnaissez que votre accès à ce Service prendra fin lorsque le Contrat Clients prendra fin pour quelque cause que ce soit.
5.2	HRCP se réserve le droit (i) de modifier le Service (ou une partie de celui-ci) ou de l’interrompre de manière temporaire ou permanente, et (ii) de refuser toute utilisation présente ou future du Service, de votre compte (ou d’une partie de celui-ci) ou de suspendre l’utilisation du Service ou d’y mettre fin, ou de supprimer Votre Contenu du Service pour quelque motif que ce soit et notamment si HRCP estime que vous avez enfreint les présentes CGU.
5.3	HRCP n’est pas responsable envers vous et/ou envers un tiers en raison d’une quelconque modification, suspension ou interruption du Service. HRCP s’engage à fournir ses meilleurs efforts pour vous contacter afin de vous avertir au préalable, de la suspension ou de la cessation de votre compte auprès de HRCP.
5.4	Tout Votre Contenu sur le Service (le cas échéant) peut à tout moment être supprimé par HRCP après la clôture de votre compte sans vous ouvrir droit à des indemnités.
6. Exclusions Disclaimer.
6.1	Le Service, incluant le Site Internet, le Contenu (incluant, notamment, mais pas seulement, les pistes d’emplois, les recommandations, et les analyses) et l’ensemble des serveurs, des composants des réseaux, sont fournis sur tels quels et sous la réserve d’être disponible sans aucune garantie de quelque nature que ce soit et HRCP décline toute garantie implicite ou explicite, incluant notamment mais pas seulement les garanties implicites de valeur marchande, de titre, de conformité à des fins particulières, d’absence de contrefaçon.
6.2.	Vous reconnaissez que HRCP ne garantit pas que le Service sera fourni de manière ininterrompue, opportun, de manière sûre, exempt d’erreur ou de virus et qu’aucune information, conseil ou service que vous obtenez de HRCP ou via le Service ne saurait constituée une quelconque garantie non expressément mentionnée dans les présentes CGU.
6.3.	Sans restreindre la portée de ce qui précède, si vous êtes un demandeur d’emploi, (a) vous reconnaissez et acceptez que les pistes d’emploi que HRCP pourrait ajouter sur votre compte proviennent de tierces parties, sans que ces pistes aient été préalablement vérifiées de quelque nature que ce soit par HRCP, et (b) HRCP ne déclare ni ne garantit que les pistes d’emploi soient appropriées et légitimes, que vous obtiendrez un emploi via l’utilisation du Service ou que l’emploi trouvé via le Service correspond à vos besoins ou approprié pour vous.
6.4.	HRCP n’assume de quelque manière que ce soit aucune responsabilité relative au contenu ou au matériel de tiers (parmi lesquels celui fourni par les utilisateurs) disponibles directement ou indirectement dans le cadre du Service et décline toute responsabilité découlant d’une négligence ou autre concernant ce contenu.
7. Limitation de responsabilité
HRCP n’est liée que par une obligation de moyens et ne saurait, en aucun cas, être tenue responsable des dommages indirects. Sont considérés comme des dommages indirects les pertes de chiffre d’affaires, de marges, de bénéfices, de clients, d’exploitation, les actes des tiers, la perte de données etc. Le responsabilité de HRCP ne pourra être engagée qu’en cas de dommage direct dûment prouvé sans pouvoir dépasser le montant total des frais d’abonnement que vous payés les six (6) mois précédant l’évènement ouvrant droit à votre demande, ou si aucun frais d’abonnement ne s’applique, un montant de cent (100) euros. La présente limitation de responsabilité est une condition essentielle des présentes CGU et déterminante du consentement de HRCP.
8. Garanties
Vous garantissez HRCP contre tout recours, incluant, notamment mais pas seulement, les frais judiciaires raisonnables résultant d’un manquement de votre part des CGU, de tout ou partie de votre Contenu, ou de votre utilisation correcte ou abusive du Service. HRCP vous informera de toute réclamation, poursuite ou demande dont elle aura connaissance. HRCP se réserve à titre exclusif le droit d’assurer la défense et le contrôle de toute question qui serait relative aux garanties énoncées au titre des présentes. Le cas échéant, vous acceptez de coopérer à toute demande raisonnable aux fins d’assister HRCP pour la défense en cette matière. Nonobstant ce qui précède, vous n’avez aucune obligation de garantir HRCP de toute poursuite réclamation, ou demande résultant d’une action ou une inaction de HRCP.
9. Cession
Vous renoncez à céder ces CGU sans le consentement préalable de HRCP et autorisez HRCP à céder ou transférer ces CGU, en toute ou partie, sans restriction.
10. Loi applicable et juridiction compétente
Les CGU sont régies par la loi française. Il en est ainsi pour les règles de fond comme pour les règles de forme. Si un différend survenait à propos de l'interprétation, de l'exécution ou de la résiliation des CGU, vous vous efforcerez de le régler à l'amiable avec HRCP préalablement à toute action en justice. En cas de litige persistant, il serait porté devant le Tribunal de Commerce de Paris nonobstant pluralité de défendeurs ou appel en garantie. Cette compétence s’applique également en matière de référé.
11. DMCA
11.1	Par exception à l’article 10 des CGU relatif à l’application du droit français, le recours prévu par le Digitial Millenium Copyright Act de 1998 (le “DMCA”) tel qu’il est décrit ci-dessous également est applicable dans le cadre de l’exécution des CGU. Dès lors, la possibilité de recours issus par le DMCA ne fait pas obstacle à l’application d’autres voies de recours prévus par le droit français.
11.2	Le DMCA prévoit un recours pour les propriétaires de droits d’auteur qui pensent que le matériel apparaissant sur Internet porte atteinte à leurs droits conférés par la législation des Etats-Unis sur le droit d’auteur. HRCP (et/ou toute autre société appartenant au même groupe que HRCP) traitera et enquêtera dans les meilleurs délais les notifications d’infractions alléguées et prendra les mesures appropriées conformément à la DMCA et/ou de toute autre législation sur la propriété intellectuelle qui serait applicable. La notification d’une violation alléguée d’un droit d’auteur devra être envoyé par email à l’agent de droits d’auteur de RiseSmart (RiseSmart appartenant au même groupe que HRCP) à l’adresse mail suivante at ddavenport@risesmart.com (avec pour objet: “DMCA” Takedown Request”). Vous pouvez également contacter l’agent de droits d’auteurs par courrier à :
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
12. Applications software compatibles avec Apple
12.1	HRCP propose des applications software qui sont destinées à être utilisées sur des produits qui sont commercialisés par Apple Inc. (« Apple »), à côté d’autres plates-formes. S’agissant du Software qui est mis à disposition pour être utilisé en connexion avec un produit de la marque Apple (ce Software est désigné comme « le Software compatible Apple »), les conditions suivantes sont d’application en plus des autres dispositions prévues dans les présentes CGU.
:
12.2	HRCP et vous-même reconnaissez que la présente convention a été conclue exclusivement entre HRCP et vous-même, et non avec Apple, et que pour ce qui concerne HRCP et Apple, seule HRCP, et non Apple, assume la responsabilité exclusive du Software compatible Apple et de son contenu.
12.3	Il est interdit d’utiliser le Software compatible Apple d’une manière qui constituerait une violation aux qui irait à l’encontre des règles d’utilisation pour le Software compatible Apple figurant dans les conditions de service de l’App Store ou qui d’une toute autre manière serait contraire à ces conditions de service.
13. Langue faisant foi
Les présentes CGU sont rédigées en langue française. Dans le cas où il serait traduit en une ou plusieurs langues étrangères, seul le texte français ferait foi en cas de litige.
Effective January 17th 2018 to February 5th 2018
DownloadTable of Contents
Mentions légales
Editeur
Représentant légal : Monsieur Mickaël Hoffman-Hervé
S.A.S.U au capital de 7 296 000 €, immatriculée sous le numéro 490 748 670 01172 au registre de commerce et des sociétés de Paris
Adresse du siège social 11 rue Hector Malot – 75012 PARIS (France)
NAF 7022Z – numéro de TVA intracommunautaire FR 04 490 748 670
N° d’organisme de formation : 11 75 53157 75
Tél.: +33 (0)1 43 42 44 40
Directeur de publication
Monsieur Mickaël Hoffman-Hervé
Hébergeur
Amazon Web Services, Inc.
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
http://aws.amazon.com
Conception, design et réalisation technique
RiseSmart
Tax EIN: 20-8536015
Capital social : 107 765 396,69 USD
Représentant légal : VedPrakash Dubey
Dénomination : RiseSmart
Siège social : 55 Almaden Boulevard, Suite 800, San Jose, CA 95113
Politique de Cookies
La politique relative aux cookies est visée dans la politique de protection des données personnelles.
Conditions générales d’utilisation du Service
- Acceptation des conditions.
Ce Site Internet (tel que défini ci-dessous) est mis à votre disposition par HR Consultancy Partners (ci-après désignée HRCP), dont le siège social est situé 11 rue Hector Malot, 75012 Paris.
En acceptant les présentes conditions générales d’utilisation du Service tel que défini ci-dessous (ci-après “CGU”), en ayant accès ou en faisant usage de notre site internet https://apps.risesmart.fr (Spotlight) et https://insight.risesmart.fr/hrportal (Insight) (ci-après le “Site Internet”), vous reconnaissez avoir lu, compris et accepté irrévocablement es présentes CGU. HRCP se réserve le droit de modifier, à tout moment, le contenu desdites CGU sans que sa responsabilité ne puisse être engagée. Lors de l’utilisation du Site Internet, il vous appartient de vous référer à la dernière version des CGU, telles qu’elles sont disponibles sur le Site Internet,. En cas de désaccord sur les CGU, vous êtes tenus à ne pas accepter les CGU et à ne pas utiliser le Service.
- Description du Service
HRCP fournit des services de reclassement, de gestion de carrière, d’évaluation. Le Service désigne (a) l’accès au Site Internet, (b) les services de reclassement, de gestion de carrière, d’évaluation et de compétences, et d’employabilité, la technologie HRCP afférente et les autres services associés (dont la gestion des dossiers et les services analytiques), et (c) l’ensemble des logiciels (incluant le “Logiciel” tel que défini ci-dessous), matériels, portails, recommandations, offres d’emplois, données, rapports, textes, illustrations, enregistrements sonores, vidéos, analyses et tout autre contenu rendu accessible à travers les éléments visées aux points a) et b) ci-dessus (désignés collectivement ci-après comme le “Contenu”)-. Les nouvelles fonctions qui complètent le Service ou qui l’enrichissent sont également soumises aux CGU et à la politique de confidentialité de HRCP.
- Conditions générales d’accès et d’utilisation du Service
3.1	Conformément aux dispositions des présentes CGU, vous ne pouvez avoir accès au Service et l’utiliser que pour des fins légales.
Vous vous interdisez (a) de concéder le service en sous–licence, de le vendre, de le louer, de le céder, de l’attribuer, de l’exploiter commercialement de toute autre manière et/ou de le mettre à la disposition d’un tiers; (b) d’utiliser le Service de manière illégale (notamment, sans que cette liste soit limitative, en violation des lois et règlements relatifs à la protection des données, à la protection de la vie privée ou à la propriété intellectuelle) ou de toute autre manière qui soit susceptible d’entraver ou ou de perturber l’intégrité ou le fonctionnement de toute ou partie du Service; (c) de modifier, d’adapter ou de pirater le Service, de chercher de toute autre manière à obtenir un accès illicite au Service ou aux systèmes ou réseaux qui y sont liés ; ou (d) d’en utiliser le contenu sur d’autres sites Internet ou sur d’autres médias (par exemple sur un environnement réseau). Vous devez respecter la totalité des codes de conduite, des lignes d’orientation ou des autres directives que HRCP vous fournit ou publie en lien avec le Service, et vous vous engagez à signaler immédiatement HRCP tout problème de sécurité concernant le Service. Si vous faites usage de certains services, vous êtes en outre soumis à toutes les conditions complémentaires applicables à ces services et qui sont régulièrement publiées sur le Site Internet, incluant, mais sans s’y limiter, la politique de protection des données personnelles de HRCP.
3.2	Tous les logiciels qui sont mis à disposition par HRCP dans le cadre du Service (collectivement désignée le “Logiciel” dans les présentes CGU) contiennent des informations sur lesquelles il existe des droits de propriété et des informations confidentielles qui sont protégées par la législation applicable en matière de propriété intellectuelle, ainsi que par d’autres dispositions légales. Conformément aux dispositions des présentes CGU, HRCP, vous octroie à titre personnel, non exclusif et non cessible, un droit d’utilisation du Logiciel qui ne peuvent faire l’objet d’une sous-licence, et cela sur un seul appareil à utiliser dans le cadre du Service. La concession du droit d'utilisation du Site Internet prévue au titre du présent contrat n'entraîne aucun transfert de droit de propriété. Vous indiquez par la présente que vous n’essayerez pas d’obtenir un accès au Service par d’autres manières que par l’interface proposée par HRCP pour accéder au Service.
3.3.	Vous reconnaissez être seul responsable de l’ensemble des données, informations, commentaires, suggestions, textes, contenus et autres matériaux que vous téléchargez, postez, fournissez, transmettez ou d’une autre manière envoyer ou diffusez sur le site (ci-après « envoi(s)/envoyer ») dans le cadre du Service (« Votre Contenu »). Vous déclarez et garantissez par les présentes, que Votre Contenu est exact, précis et complet (et notamment, mais pas seulement, le contenu de votre CV, vos données biographiques et vos informations sur les emplois exercés lorsque vous utilisez le Service comme demandeur d’emploi). Vous êtes responsable du maintien de la confidentialité de votre identifiant, de votre mot de passe et de votre compte, et de toutes les activités qui se déroulent dans le cadre de l’utilisation de votre compte. HRCP se réserve le droit d’accéder à votre compte pour répondre à vos demandes de support technique. En envoyant Votre Contenu sur ou via le Service, vous octroyez à HRCP une licence mondiale, non exclusive, permanente, irrévocable, libre de droits, entièrement payée, susceptible d’être donnée en sous-licence, qui lui permet d’utiliser, de modifier, de reproduire, de diffuser, d’afficher, de publier et de mettre en œuvre Votre Contenu dans le cadre du Service. HRCP a le droit mais pas l’obligation de surveiller le Service, son contenu et Votre contenu. Vous acceptez également que HRCP peut, sans motif ou pour quelque motif que ce soit, supprimer ou désactiver votre Contenu (notamment, mais sans s’y limiter, après avoir reçu des réclamations ou des allégations de tiers ou d’autorités concernant le Contenu en question).
3.4	Vous comprenez que le fonctionnement du Service, incluant Votre Contenu, peut être décrypté et peut impliquer (a) des transmissions sur différents réseaux, (b) des modifications pour répondre et s’adapter aux exigences techniques pour la connexion des réseaux ou des appareils, (c) le transfert vers des tiers fournisseurs et partenaires d’hébergement de HRCP pour la fourniture de matériel informatique, de logiciels, de réseaux, de stockage et la technologie y afférente, nécessaire à l’exploitation et au maintien du Service, et (d) à un transfert vers d’autres tiers dans le cadre de la fourniture du Service à votre égard. Par conséquent, vous reconnaissez que vous assumez l’entière responsabilité d’assurer un niveau suffisant de sécurité, d’une protection et d’une sauvegarde suffisante de Votre Contenu. HRCP n’assume aucune responsabilité à votre égard pour tout accès et/ou utilisation de Votre Contenu non autorisé d, et/ou pour toute corruption, suppression, destruction ou perte de tout ou partie de Votre Contenu.
3.5	Si vous êtes demandeur d’emploi, vous convenez en outre que vous vous fondez sur votre propre capacité de jugement, votre prudence et votre bon sens lors de l’évaluation des employeurs potentiels et des informations qui vous sont fournies par ceux-ci ou via le Service et que vous supportez seul le risque associé à la confiance que vous portez sur le Contenu qui est fourni par le Service, et sur l’utilisation que vous en faites (et notamment mais pas seulement les offres d’emplois ou recommandations).
3.6	Le fait pour HRCP de ne pas se prévaloir de l'une quelconque des obligations visées par les présentes, ne saurait être interprété à l'avenir comme une renonciation à l'obligation en cause.
3.7	Vous reconnaissez que dans le cadre de l’exécution d’un contrat, une société cliente de HRCP peut demander à HRCP d’assister les personnes qu’elle emploie ou qu’elle a employé dans leur recherche d’emploi (ci-après : « Contrats Clients ").
3.8	Si vous utilisez ce Service en vertu d’un Contrat Clients, vous reconnaissez que le service qui est mis à votre disposition ne dépassera en aucun cas la portée, la durée et/ou les autres limitations du Contrat Clients en vertu duquel vous avez ou vous avez eu accès au Service.
3.9	Si vous utilisez le Service en application d’un Contrat Client, vous autorisez HRCP à rendre disponible au Client, notamment mais pas seulement, les rapports d’avancement et autres informations qui vous identifient et indiquent votre niveau d’utilisation du Service, le périmètre de votre utilisation du Service, votre niveau d’avancement et le statut dans votre recherche d’emploi, votre niveau de satisfaction du service, soit de manière individuelle ou statistique. Nous vous prions de prendre connaissance de la politique de protection des données personnelles de HRCP pour plus d’information sur la collecte, l’utilisation et la publication de vos données en application du Contrat Client.
3.10	Vous reconnaissez que (a) HRCP peut fixer des pratiques et des restrictions générales concernant l’utilisation du Service, et notamment mais sans s’y limiter, concernant la durée maximale durant laquelle le Contenu est conservé par le Service et l’espace maximal de stockage qui vous est attribué, (b) HRCP n’assume aucune responsabilité en cas de suppression ou de non–stockage du Contenu qui est conservé et téléchargé vers le Service, et (c) HRCP est autorisée à conserver et à publier tout ou partie du Contenu si elle y est obligée par la loi ou si, de bonne foi, elle est convaincue qu’une telle conservation ou une telle publication estsont nécessairement raisonnables pour: (i) satisfaire à des procédures juridiques, à la législation applicable ou à des demandes des pouvoirs publics ; (ii) appliquer la présente convention ; (iii) répondre à des actions suivant lesquelles le contenu violerait les droits de tiers ; ou (iv) protéger les droits, la propriété ou la sécurité personnelle de HRCP, celle de ses utilisateurs et du public.
- Représentation et garanties
Dans le cadre de l’utilisation du présent Service vous vous engagez à ne PAS réaliser les actes suivants : enfreindre les lois et les règlements, et notamment mais pas seulement, la législation relative à la lutte contre la discrimination ou la législation relative à l’égalité des chances en matière d’emploi; enfreindre les droits de propriété intellectuelle et les droits au respect à la vie privée incluant, notamment, mais pas seulement, les lois et réglementations relatives aux brevets, droits d’auteur, marques de commerce ou secrets commerciaux ; télécharger, publier, transmettre ou stocker des informations illégales, injurieuses, diffamatoires, trompeuses, mensongères, malveillantes, obscènes, répréhensible, et/ou frauduleuses ; enfreindre vos obligations contractuelles et/ou de confidentialité ; perturber ou gêner le fonctionnement normal du Site Internet, notamment en introduisant ou en transmettant des virus, ou en publiant de manière permanente et répétée les mêmes informations, ou en publiant des informations d’une ampleur anormale, ou qui ne sont pas autorisées par HRCP, parmi lesquelles, mais sans s’y limiter, de la publicité non autorisée, ou des annonces publicitaires non sollicitées, des courriers indésirables, des spams, des chaînes d’e-mails, des systèmes de pyramide, des accords de franchise, de distribution, de vente, ou toute autre information inacceptable, ; porter atteinte au droit au respect à la vie privée ou aux droits individuels appartenant à des tiers en faisant une utilisation abusive du Contenu, notamment par, mais sans s’y limiter, le harcèlement envers une autre personne, l’envoi d’e-mails non demandés et la collecte de données personnelles concernant d’autres personnes ; porter atteinte ou entreprendre de porter atteinte aux mesures de sécurité du Site Internet ; faire usage d’un appareil, d’un processus ou d’un mécanisme visant à exercer le contrôle du Site Internet, à rechercher des Informations du Site Internet, ou à obtenir l’accès au Site Internet et à l’Information sans une autorisation écrite préalable de HRCP, par exemple via un "spider" ou robot ; vous procurer l’accès, ou entreprendre de vous procurez l’accès, à un compte ou un code d’ouverture de session de tiers qui sont mentionnés sur le Site Internet ; publier ou mettre à disposition des informations inexactes, fausses ou incomplètes concernant notamment votre CV, vos données biographiques, l’emploi vacant et le profil de l’entreprise ; vous faire passer pour une autre personne ou entité ; falsifier les informations d’un en-tête dans une publication électronique ou dans un e-mail ; vous présenter sous une fausse identité et/ou présenter faussement vos liens avec des tiers ou avec votre entité.
- Résiliation
5.1	Si vous utilisez du Service dans le cadre d’un Contrat Clients, vous reconnaissez que votre accès à ce Service prendra fin lorsque le Contrat Clients prendra fin pour quelque cause que ce soit.
5.2	HRCP se réserve le droit (i) de modifier le Service (ou une partie de celui-ci) ou de l’interrompre de manière temporaire ou permanente, et (ii) de refuser toute utilisation présente ou future du Service, de votre compte (ou d’une partie de celui-ci) ou de suspendre l’utilisation du Service ou d’y mettre fin, ou de supprimer Votre Contenu du Service pour quelque motif que ce soit et notamment si HRCP estime que vous avez enfreint les présentes CGU.
5.3	HRCP n’est pas responsable envers vous et/ou envers un tiers en raison d’une quelconque modification, suspension ou interruption du Service. HRCP s’engage à fournir ses meilleurs efforts pour vous contacter afin de vous avertir au préalable, de la suspension ou de la cessation de votre compte auprès de HRCP.
5.4	Tout Votre Contenu sur le Service (le cas échéant) peut à tout moment être supprimé par HRCP après la clôture de votre compte sans vous ouvrir droit à des indemnités.
- Exclusions Disclaimer.
6.1	Le Service, incluant le Site Internet, le Contenu (incluant, notamment, mais pas seulement, les pistes d’emplois, les recommandations, et les analyses) et l’ensemble des serveurs, des composants des réseaux, sont fournis sur tels quels et sous la réserve d’être disponible sans aucune garantie de quelque nature que ce soit et HRCP décline toute garantie implicite ou explicite, incluant notamment mais pas seulement les garanties implicites de valeur marchande, de titre, de conformité à des fins particulières, d’absence de contrefaçon.
6.2.	Vous reconnaissez que HRCP ne garantit pas que le Service sera fourni de manière ininterrompue, opportun, de manière sûre, exempt d’erreur ou de virus et qu’aucune information, conseil ou service que vous obtenez de HRCP ou via le Service ne saurait constituée une quelconque garantie non expressément mentionnée dans les présentes CGU.
6.3.	Sans restreindre la portée de ce qui précède, si vous êtes un demandeur d’emploi, (a) vous reconnaissez et acceptez que les pistes d’emploi que HRCP pourrait ajouter sur votre compte proviennent de tierces parties, sans que ces pistes aient été préalablement vérifiées de quelque nature que ce soit par HRCP, et (b) HRCP ne déclare ni ne garantit que les pistes d’emploi soient appropriées et légitimes, que vous obtiendrez un emploi via l’utilisation du Service ou que l’emploi trouvé via le Service correspond à vos besoins ou approprié pour vous.
6.4.	HRCP n’assume de quelque manière que ce soit aucune responsabilité relative au contenu ou au matériel de tiers (parmi lesquels celui fourni par les utilisateurs) disponibles directement ou indirectement dans le cadre du Service et décline toute responsabilité découlant d’une négligence ou autre concernant ce contenu.
- Limitation de responsabilité
HRCP n’est liée que par une obligation de moyens et ne saurait, en aucun cas, être tenue responsable des dommages indirects. Sont considérés comme des dommages indirects les pertes de chiffre d’affaires, de marges, de bénéfices, de clients, d’exploitation, les actes des tiers, la perte de données etc. Le responsabilité de HRCP ne pourra être engagée qu’en cas de dommage direct dûment prouvé sans pouvoir dépasser le montant total des frais d’abonnement que vous payés les six (6) mois précédant l’évènement ouvrant droit à votre demande, ou si aucun frais d’abonnement ne s’applique, un montant de cent (100) euros. La présente limitation de responsabilité est une condition essentielle des présentes CGU et déterminante du consentement de HRCP.
- Garanties
Vous garantissez HRCP contre tout recours, incluant, notamment mais pas seulement, les frais judiciaires raisonnables résultant d’un manquement de votre part des CGU, de tout ou partie de votre Contenu, ou de votre utilisation correcte ou abusive du Service. HRCP vous informera de toute réclamation, poursuite ou demande dont elle aura connaissance. HRCP se réserve à titre exclusif le droit d’assurer la défense et le contrôle de toute question qui serait relative aux garanties énoncées au titre des présentes. Le cas échéant, vous acceptez de coopérer à toute demande raisonnable aux fins d’assister HRCP pour la défense en cette matière. Nonobstant ce qui précède, vous n’avez aucune obligation de garantir HRCP de toute poursuite réclamation, ou demande résultant d’une action ou une inaction de HRCP.
- Cession
Vous renoncez à céder ces CGU sans le consentement préalable de HRCP et autorisez HRCP à céder ou transférer ces CGU, en toute ou partie, sans restriction.
- Loi applicable et juridiction compétente
Les CGU sont régies par la loi française. Il en est ainsi pour les règles de fond comme pour les règles de forme. Si un différend survenait à propos de l'interprétation, de l'exécution ou de la résiliation des CGU, vous vous efforcerez de le régler à l'amiable avec HRCP préalablement à toute action en justice. En cas de litige persistant, il serait porté devant le Tribunal de Commerce de Paris nonobstant pluralité de défendeurs ou appel en garantie. Cette compétence s’applique également en matière de référé.
- DMCA
11.1	Par exception à l’article 10 des CGU relatif à l’application du droit français, le recours prévu par le Digitial Millenium Copyright Act de 1998 (le “DMCA”) tel qu’il est décrit ci-dessous également est applicable dans le cadre de l’exécution des CGU. Dès lors, la possibilité de recours issus par le DMCA ne fait pas obstacle à l’application d’autres voies de recours prévus par le droit français.
11.2	Le DMCA prévoit un recours pour les propriétaires de droits d’auteur qui pensent que le matériel apparaissant sur Internet porte atteinte à leurs droits conférés par la législation des Etats-Unis sur le droit d’auteur. HRCP (et/ou toute autre société appartenant au même groupe que HRCP) traitera et enquêtera dans les meilleurs délais les notifications d’infractions alléguées et prendra les mesures appropriées conformément à la DMCA et/ou de toute autre législation sur la propriété intellectuelle qui serait applicable. La notification d’une violation alléguée d’un droit d’auteur devra être envoyé par email à l’agent de droits d’auteur de RiseSmart (RiseSmart appartenant au même groupe que HRCP) à l’adresse mail suivante at ddavenport@risesmart.com (avec pour objet: “DMCA” Takedown Request”). Vous pouvez également contacter l’agent de droits d’auteurs par courrier à :
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
- Applications software compatibles avec Apple
12.1	HRCP propose des applications software qui sont destinées à être utilisées sur des produits qui sont commercialisés par Apple Inc. (« Apple »), à côté d’autres plates-formes. S’agissant du Software qui est mis à disposition pour être utilisé en connexion avec un produit de la marque Apple (ce Software est désigné comme « le Software compatible Apple »), les conditions suivantes sont d’application en plus des autres dispositions prévues dans les présentes CGU.
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12.2	HRCP et vous-même reconnaissez que la présente convention a été conclue exclusivement entre HRCP et vous-même, et non avec Apple, et que pour ce qui concerne HRCP et Apple, seule HRCP, et non Apple, assume la responsabilité exclusive du Software compatible Apple et de son contenu.
12.3	Il est interdit d’utiliser le Software compatible Apple d’une manière qui constituerait une violation aux qui irait à l’encontre des règles d’utilisation pour le Software compatible Apple figurant dans les conditions de service de l’App Store ou qui d’une toute autre manière serait contraire à ces conditions de service.
- Langue faisant foi
Les présentes CGU sont rédigées en langue française. Dans le cas où il serait traduit en une ou plusieurs langues étrangères, seul le texte français ferait foi en cas de litige.
Effective December 15th 2017 to January 17th 2018
DownloadTable of Contents
Conditions du Service
- Acceptation des conditions.
Ce Site Internet est mis à votre disposition par RiseSmart, une division de Randstad Professionals nv (ci-après désignée RiseSmart), dont le siège social est situé Access Building, Avenue Charles Quint, 586 (bte 8), 1082 Bruxelles.
En acceptant les présentes conditions du Service ou en faisant usage du Site Internet, vous marquez inconditionnellement votre accord avec les présentes conditions du Service. Randstad se réserve le droit de modifier le contenu desdites conditions. Lors de l’utilisation du Site Internet, les conditions en vigueur à ce moment-là, telles qu’elles sont mentionnées sur le Site Internet, sont toujours d’application.
L’accès à notre Site Internet, son utilisation et son fonctionnement sont régis par le droit belge qui est également d’application sur les conditions du Service, notre prestation de services et tous les litiges qui peuvent les concerner. Le juge belge est seul compétent pour prendre connaissance des litiges en question.
- Description du Service
RiseSmart fournit des services d’Outplacement, de Gestion de carrière, d’Assessment et Competence, et d’Employability. Le Service comprend (a) le Site Internet, (b) les services de reclassement, de gestion de carrière, d’évaluation et de compétences, et d’employabilité, la technologie RiseSmart afférente et les autres services associés (dont le file management et les services analytiques), et (c) l’ensemble des logiciels, matériels, portails, recommandations, offres d’emplois, données, rapports, textes, illustrations, enregistrements sonores, vidéos, analyses et autres contenus qui sont mis à disposition dans le cadre précité. Les nouvelles fonctions qui s’ajoutent au Service ou qui l’élargissent sont également soumises aux conditions du Service et au Privacy Statement
- Conditions générales d’accès et d’utilisation du Service
3.1 Conformément aux dispositions des présentes conditions de Service, vous ne pouvez avoir accès au Service et l’utiliser que pour des fins légales. L’ensemble des droits, des titres de propriétés et des intérêts dans le Service et des éléments de ceux-ci continuent d’appartenir exclusivement à RiseSmart.
Il est interdit (a) de donner le service en sous–licence, de le vendre, de le donner en location ou en leasing, de le céder, de l’attribuer, de l’exploiter commercialement de toute autre manière ou de le mettre à la disposition d’un tiers; (b) d’utiliser le Service de manière illégale (en ce compris, sans que cette énumération soit limitative, en violant la législation relative à la protection des données et à la protection de la vie privée ou à la propriété intellectuelle) ou de toute autre manière qui entrave ou perturbe l’intégrité ou le fonctionnement du Service ou d’éléments du Service; (c) de modifier, d’adapter ou de pirater le Service, de chercher de toute autre manière à obtenir un accès illicite au Service ou aux systèmes ou réseaux qui y sont liés ; ou (d) d’en utiliser le contenu sur d’autres sites Internet ou sur d’autres médias (par exemple un environnement réseau). Vous devez respecter la totalité des codes de conduite, des lignes d’orientation ou des autres directives que RiseSmart vous fournit ou publie en lien avec le Service, et vous devez immédiatement informer RiseSmart en cas de problème de sécurité concernant le Service. Si vous faites usage de certains services, vous êtes en outre soumis à toutes les conditions complémentaires qui sont d’application sur ces services et qui sont régulièrement publiées sur le Site Internet, en ce compris, mais sans s’y limiter, le Privacy Statement de RiseSmart.
3.2 Tous les logiciels qui sont mis à disposition par RiseSmart dans le cadre du Service (“Software”) contiennent des informations sur lesquelles il existe des droits de propriété et des informations confidentielles qui sont protégées par la législation applicable en matière de propriété intellectuelle, ainsi que par d’autres dispositions légales. Conformément aux dispositions des présentes conditions, RiseSmart, vous octroie à titre personnel sur le software un droit et une licence, non cessibles, qui ne peuvent faire l’objet d’une sous-licence, et qui ne sont pas exclusifs et cela sur un seul appareil à utiliser dans le cadre du Service. Vous indiquez par la présente que vous n’essayerez pas d’obtenir un accès au Service par d’autres manières que par l’interface proposée par RiseSmart pour accéder au Service.
3.3 Vous êtes entièrement responsable de l’ensemble des données, informations, feed-back, suggestions, textes, contenus et autres matériaux que vous uploadez, postez, fournissez, transmettez ou d’une autre manière envoyer ou diffusez sur le site (ci-après « envoi(s)/envoyer ») relativement au Service (« Votre Contenu »). Vous déclarez que vous garantissez par la présente que Votre Contenu, que vous envoyez dans le cadre du Service, est exact, précis et complet (en ce compris votre CV, les données biographiques et les informations sur les emplois exercés lorsque vous utilisez le Service comme demandeur d’emploi). Vous êtes responsable du maintien de la confidentialité de votre login, de votre mot de passe et de votre compte, et de toutes les activités qui se déroulent dans le cadre de votre login ou de votre compte. RiseSmart se réserve le droit d’accéder à votre compte pour réagir à vos demandes de soutien technique. En envoyant Votre Contenu sur ou via le Service, vous octroyez à RiseSmart une licence mondiale, non exclusive, permanente, irrévocable, libre de royalties, entièrement payée, susceptible d’être donnée en sous-licence, qui lui permet d’utiliser, de modifier, de reproduire, de diffuser, d’afficher, de publier et de mettre en œuvre Votre Contenu dans le cadre du Service. Vous marquez également votre accord avec le fait que RiseSmart peut, pour quelque motif que ce soit, supprimer ou désactiver du Contenu (en ce compris, mais sans s’y limiter, après avoir reçu des demandes ou des accusations de tiers ou d’autorités concernant le Contenu en question), ou sans aucun motif.
3.4 Vous comprenez que le fonctionnement du Service, en ce compris Votre Contenu, peut être décodé et qu’il peut être soumis (a) à des transmissions sur différents réseaux, (b) à des changements pour répondre et s’adapter aux exigences techniques pour le raccordement de réseaux ou d’appareils, (c) à un transfert vers des tiers fournisseurs et partenaires d’hébergement de RiseSmart pour fournir le hardware, le software, les réseaux, le stockage et la technologie afférente, qui sont nécessaires pour assurer et entretenir le Service, et (d) à un transfert à d’autres tiers dans le cadre de la prestation du Service en votre faveur. Par conséquent, vous reconnaissez que vous assumez l’entière responsabilité d’assurer une sécurité, une protection et une sauvegarde suffisantes de Votre Contenu. RiseSmart ne porte aucune responsabilité à votre égard pour tout accès à Votre Contenu ou pour toute utilisation non autorisée de Votre Contenu, ou pour tout dommage, suppression, destruction ou perte de Votre Contenu.
3.5 Si vous êtes demandeur d’emploi, vous convenez en outre que vous vous fondez sur votre propre capacité de jugement, votre prudence et votre bon sens lors de l’évaluation des employeurs potentiels et des informations qui vous sont fournies par ceux-ci ou via le Service et que vous supportez exclusivement le risque de la confiance que vous mettez dans le Contenu qui est fourni par le Service, et dans l’utilisation que vous en faites (en ce compris les offres d’emplois ou recommandations).
3.6 Si RiseSmart n’applique pas des droits ou des dispositions des présentes conditions, cela ne veut pas dire qu’il est renoncé à faire usage de ce droit.
3.7 Vous reconnaissez qu’un client de RiseSmart peut faire intervenir RiseSmart pour bénéficier d’une assistance dans la recherche de travail pour ses salariés actuels et/ou ses anciens salariés, via le Service (« Contrats clients ").
3.8 Si vous faites usage du Service en vertu d’un Contrat clients, vous reconnaissez que le service qui est mis à votre disposition ne dépassera en aucun cas la portée, la durée ou les autres limitations du Contrat clients en vertu duquel vous avez eu accès au Service.
3.9 Vous convenez (a) que RiseSmart peut fixer des pratiques et des limitations générales concernant l’utilisation du Service, en ce compris, mais sans s’y limiter, la durée maximale durant laquelle le Contenu est conservé par le Service et l’espace maximal de stockage qui vous est attribué, (b) que RiseSmart ne porte aucune responsabilité en cas de suppression ou de non–stockage du Contenu qui est conservé et uploadé vers le Service, et (c) que RiseSmart peut conserver et publier du Contenu si elle y est obligée par la loi ou si, de bonne foi, elle est convaincue qu’une telle conservation ou une telle publication sont nécessairement raisonnables pour: (i) satisfaire à des procédures juridiques, à la législation applicable ou à des demandes des pouvoirs publics ; (ii) appliquer la présente convention ; (iii) répondre à des actions suivant lesquelles le contenu violerait les droits de tiers ; ou (iv) protéger les droits, la propriété ou la sécurité personnelle de RiseSmart, de ses utilisateurs et du public.
- Représentation et garanties
En matière d’utilisation du présent Service vous convenez de ne PAS poser les actes suivants : enfreindre les lois et les règlements parmi lesquels, sans limitation, la législation contre la discrimination ou la législation relative à l’égalité des chances en matière d’emploi et de travail ; enfreindre les droits de propriété intellectuelle et les droits au respect de la vie privée notamment, sans limitation, les brevets, les droits d’auteur, les marques de commerce ou les secrets commerciaux de tiers ; uploader, publier, transmettre ou stocker des informations qui sont illégales, diffamatoires, frauduleuses ; enfreindre vos obligations contractuelles ou de confidentialité ; perturber ou gêner le fonctionnement normal du Site Internet, notamment en introduisant ou en transmettant des virus, ou en publiant de manière permanente et répétée les mêmes informations, ou en publiant des informations d’une ampleur anormale, ou qui ne sont pas autorisées par RiseSmart, parmi lesquelles, mais sans s’y limiter, de la publicité non autorisée ou des annonces publicitaires non sollicitées ; porter atteinte au droit au respect de la vie privée ou aux droits de la personne d’autrui en faisant une utilisation abusive des Informations, notamment, mais sans s’y limiter, le harcèlement envers une autre personne, l’envoi d’e-mails non demandés et la collecte de données personnelles concernant d’autres personnes ; porter atteinte ou entreprendre de porter atteinte aux mesures de sécurité du Site Internet ; faire usage d’un appareil, d’un processus ou d’un mécanisme visant à exercer le contrôle du Site Internet, à rechercher des Informations du Site Internet, ou à obtenir l’accès au Site Internet et à l’Information sans une autorisation écrite préalable de RiseSmart, par exemple via un "spider" ou robot ; vous procurer l’accès, ou entreprendre de vous procurer l’accès, à un compte ou un code d’ouverture de session de tiers qui sont mentionnés sur le Site Internet ; publier ou mettre à disposition des informations inexactes, fausses ou incomplètes concernant notamment votre CV, vos données biographiques, l’emploi vacant et le profil de l’entreprise ; vous faire passer pour une autre personne ou entité ; falsifier les informations d’un en-tête dans une publication électronique ou un e-mail ; vous présenter comme quelqu’un d’autre que celui que vous êtes et présenter vos liens avec des tiers ou avec votre entité autrement qu’ils ne sont en réalité.
- Cessation.
Si vous faites usage du Service dans le cadre d’un Contrat clients, vous reconnaissez que votre accès à ce Service prendra fin lorsque le Contrat clients sera résilié ou qu’il viendra à expiration.
RiseSmart se réserve le droit (i) de modifier le Service (ou une partie de celui-ci) ou de l’interrompre de manière temporaire ou permanente, et (ii) de refuser toute utilisation présente ou future du Service, de votre compte (ou d’une partie de celui-ci) ou de suspendre l’utilisation du Service ou d’y mettre fin, ou de supprimer Votre Contenu du Service pour quelque motif que ce soit et notamment si RiseSmart estime que vous avez enfreint les présentes conditions du Service.
RiseSmart n’est pas responsable envers vous ou envers un tiers en raison d’une quelconque modification, suspension ou interruption du Service. RiseSmart s’efforcera de bonne foi de vous contacter pour vous informer préalablement de la suspension ou de la cessation de votre compte auprès de RiseSmart.
Tout Votre Contenu sur le Service (le cas échéant) peut à tout moment être supprimé à la guise de RiseSmart après la clôture de votre compte.
- Disclaimer.
RiseSmart ne garantit pas que le Service sera fourni de manière ininterrompue, en temps utile, de manière sûre, sans erreur ni virus et qu’aucune information, aucun conseil ou aucun service que vous obtenez de RiseSmart ou via le Service ne constituera une quelconque garantie qui ne serait pas expressément mentionnée dans les présentes conditions du Service.
En aucun cas RiseSmart ne sera de quelque manière que ce soit responsable du contenu ou du matériel de tiers (parmi lesquels les utilisateurs).
- Applications software compatibles avec Apple
RiseSmart propose des applications software qui sont destinées à être utilisées sur des produits qui sont commercialisés par Apple Inc. (« Apple »), à côté d’autres plates-formes. S’agissant du Software qui est mis à disposition pour être utilisé en connexion avec un produit de la marque Apple (ce Software est désigné comme « le Software compatible Apple »), les conditions suivantes sont d’application en plus des autres dispositions prévues dans la présente convention :
RiseSmart et vous-même reconnaissez que la présente convention a été conclue exclusivement entre RiseSmart et vous-même, et non avec Apple, et que pour ce qui concerne RiseSmart et Apple, seule RiseSmart, et non Apple, assume la responsabilité exclusive du Software compatible Apple et de son contenu.
Il est interdit d’utiliser le Software compatible Apple d’une manière qui constituerait une violation aux qui irait à l’encontre des règles d’utilisation pour le Software compatible Apple figurant dans les conditions de service de l’App Store ou qui d’une toute autre manière serait contraire à ces conditions de service.
POLITIQUE DE PROTECTION DES DONNÉES PERSONNELLES
Effective March 28th 2022
DownloadTable of Contents
POLITIQUE DE PROTECTION DES DONNÉES PERSONNELLES RISESMART POUR RISESMART FRANCE
Lorsque nous traitons vos données personnelles, nous les utilisons conformément à notre Politique de Protection des Données Personnelles.
RiseSmart est convaincu que le respect de la vie privée de ses participants et candidats, ainsi que de ses autres relations et des visiteurs de son site Internet revêt une importance cruciale. Vos données personnelles sont dès lors traitées et sécurisées avec le plus grand soin possible, conformément aux exigences de la législation applicable en matière de protection des données.
Qui sommes-nous ?
RiseSmart est un outil développé par la Société RiseSmart dont le siège est établi au 55 Almaden Boulevard, Suite 800, San Jose, CA 95113, United States of America, (ci-après dénommée « RiseSmart »), déployé et opéré par la Société RISESMART FRANCE, Société par Actions Simplifiée au capital de 6 280 157 €, immatriculée sous le numéro 490 748 670 au registre de commerce et des sociétés de Paris, filiale du Groupe Randstad en France.
Responsable de traitement
La plateforme RiseSmart est déployée dans le cadre d’une mission confiée par le Client à RISESMART FRANCE. Au regard de la réglementation sont considérés comme co-responsable de traitement respectivement le représentant légal du Client et le représentant légal du Groupe Randstad en France dont la Société RISESMART FRANCE, située 39 rue Saint Lazare, 75009 PARIS (France), est une composante, le responsable de traitement est Monsieur Frank RIBUOT.
Finalités et fondement juridique du traitement
Nous collectons et traitons vos données dans le cadre de la fourniture du Service RiseSmart pour vous et nos Clients.
Nous recueillons vos données et les traitons uniquement avec votre consentement, pour l'exécution du Contrat passé entre RISESMART FRANCE et son Client. Les mentions obligatoires pour la gestion de votre dossier sont précédées de la mention * (les autres sont facultatives et sans conséquence pour l’examen de ce dernier).
Vos données personnelles sont, en particulier, traitées dans le but de :
vous fournir nos Services, y compris, mais sans s’y limiter, déterminer quelle assistance particulière vous attendez des Services ;
vous établir des offres et/ou vous fournir des informations relatives aux Services et à d’autres activités, ainsi que pour pouvoir les adapter davantage à vos exigences et qualités. Ces services sont réalisés par nos collaborateurs et partiellement automatisés, et peuvent inclure la fourniture de possibilités d’emploi, de formation de recherche d’emploi, d’aide à la rédaction d’un CV et/ou d’autres Services d’aide ;
promouvoir votre développement personnel et votre employabilité, y compris par la formation, le coaching et des tests ;
évaluer votre compatibilité et votre disponibilité par rapport à des emplois à durée indéterminée ou à durée déterminée ou pour une mission, auquel cas des résultats de tests, des questionnaires, des séances de conseil, des discussions, des vérifications de références, des échanges d’e-mails et d’autres canaux, etc. peuvent également être utilisés ;
assister un Client via les Services lors d’un reclassement externe, de services de gestion de carrière et d’évaluation de compétences pour ses collaborateurs actuels et/ou antérieurs ;
fixer une mission dans un contrat avec le Client et gérer le contrat et son application avec le Client ;
vous contacter pour des offres commerciales, des bulletins d’information et des campagnes promotionnelles qui pourraient vous intéresser, uniquement si vous vous êtes enregistré à ces fins (opt-in) ;
organiser des événements pour vous, uniquement si vous vous êtes enregistré à cette fin (opt-in) ;
de les utiliser pour des finalités de gestion dont entre autres, la gestion des informations (statistiques,..), en vue d’assurer le contrôle interne et la sécurité de notre entreprise, l’exécution d’audits (internes/externes ) et d’analyse de données, la santé et la sécurité de nos collaborateurs
atteindre des objectifs en termes de qualité, tels qu’une certification ;
améliorer le contenu et le fonctionnement des Services, mieux comprendre les utilisateurs de RS et améliorer les Services ;
Quand collectons-nous vos données personnelles ?
Nous collectons vos données à partir du moment où vous saisissez ou laissez vos données sur le site Internet RiseSmart, lorsque vous vous enregistrez en tant que participant/candidat auprès de RiseSmart ou lorsque vos données sont partagées avec nous par notre Client (votre employeur actuel ou précédent) dans le cadre de notre contrat avec ce Client relativement aux Services.
Nous collectons également vos données de navigation lorsque vous visitez sans vous enregistrer notre plateforme, en recourant aux cookies.
Quelles données personnelles collectons-nous à votre sujet ?
Nous collectons et traitons les données personnelles nécessaires pour la réalisation de ce Service. Certaines de ces données sont obligatoires pour vous permettre d’utiliser nos Services. D’autres données peuvent s’avérer utiles pour adapter davantage les Services à vos exigences et qualités, ou pour répondre plus spécifiquement aux demandes ou obligations du Client. Vous êtes personnellement responsable de l’exactitude et de la pertinence des données que vous transmettez à RiseSmart.
Lorsque vous vous enregistrez en tant que participant auprès de RISESMART FRANCE, vous nous transmettez des données personnelles, y compris les suivantes, pour rappel seuls les champs accompagnés d’une astérisque sont obligatoires :
- nom et adresse détaillée, adresse e-mail, et autres informations de contact ;
- date de naissance, âge et sexe ;
- curriculum vitae (CV), récents intitulé de poste, employeurs actuel et précédents, informations relatives à vos études et à vos formations, vos affectations, votre expérience professionnelle, vos aptitudes linguistiques, vos objectifs en termes d’emploi, vos attentes salariales, vos intérêts ;
- votre profil professionnel sur les médias sociaux et les profils pertinents de votre réseau ;
- des informations relatives aux formations et cours que vous avez suivis et/ou aux tests que vous avez passés, de votre propre initiative ou par notre intermédiaire ;
- des données relatives à vos disponibilités et congés ;
- d’autres données pouvant être importantes dans le cadre de l’évaluation de votre adéquation, telles que des références et certificats ;
- une photo d’identité et une vidéo (de présentation) - sur une base volontaire ;
- des informations relatives à vos progrès et au statut de votre recherche d’emploi ;
- des informations relatives à la satisfaction de vos clients et autre feedback relatif à la recherche d’emploi et aux Services.
Les Clients de RISESMART FRANCE peuvent demander à RISESMART FRANCE d’aider leurs collaborateurs actuels et/ou antérieurs à chercher un emploi par le biais des Services (« Contrat de prestation de services »). Dans le cadre de ces Contrats, RISESMART FRANCE reçoit, de la part du Client, une liste de personnes entrant en ligne de compte pour les Services avec des données les concernant . Si vous entrez en considération, la liste établie par le Client peut reprendre votre nom, votre récent titre de fonction, votre adresse de domicile, votre numéro de téléphone, votre adresse e-mail, votre département ou service, ainsi que d’autresdonnées personnelles.
Ce n’est que pour cette finalité que RISESMART FRANCE confie vos données personnelles à RiseSmart.
Les Clients peuvent également enregistrer directement des participants avec leurs données sur la plateforme RiseSmart sans que RiseSmart ou RISESMART FRANCE n’exerce de contrôle sur les données qui seront ainsi enregistrées.
Dans le cadre de votre compte en ligne, que vous pouvez créer pour les Services, RiseSmart peut vous demander de créer un nom d’utilisateur unique, un mot de passe et une question de rappel, et d’utiliser ces informations de connexion pour accéder à votre compte. Vous acceptez de protéger la confidentialité de votre nom d’utilisateur, de votre mot de passe et de votre question de rappel. Si vous les dévoilez, vous serez entièrement responsable de toute utilisation, tout vol, toute altération, tout abus, toute divulgation ou toute autre perte de vos données personnelles ou d’autres informations en découlant.
En fournissant volontairement à RiseSmart des données personnelles ou en utilisant le service (y compris dans le cadre d'un engagement client de la société), vous consentez à ce que RiseSmart utilise vos données personnelles conformément à la présente politique de confidentialité. Si vous ou le client de la société fournissez des Données Personnelles dans le cadre du Service, vous reconnaissez et acceptez que ces Données Personnelles peuvent être transférées de votre ou de son emplacement actuel vers les bureaux et serveurs de RiseSmart et des tiers autorisés mentionnés dans les présentes aux États-Unis ou dans d'autres pays.
Informations techniques et cookies
RiseSmart utilise des cookies et autres statistiques web, afin de savoir comment les visiteurs utilisent son site Internet. Ces informations nous aident à améliorer le site. Un cookie est un fichier enregistré sur votre ordinateur. Lorsque vous retournez ultérieurement sur notre site Internet, ces cookies peuvent être reconnus.
Vous pouvez à tout moment désactiver l’utilisation de cookies pour le site de RiseSmart dans les paramètres de votre navigateur. Cette désactivation peut altérer la présentation graphique du site, et empêchera RiseSmart de reprendre à chaque connexion les préférences de navigation que vous aviez manifestées. Cette désactivation peut également empêcher la bonne exécution de certaines fonctionnalités des Services.
Les cookies sur les Services peuvent être mis en place par RiseSmart ou par des éditeurs tiers. La présente politique ne s’applique qu’aux cookies mis en place par RiseSmart.
Nous vous conseillons de consulter notre Politique Relative aux Cookies pour une information plus précise.
Comme bon nombre d’autres sites Internet, notre plateforme collecte automatiquement certaines données relatives à ses utilisateurs, dont l’adresse de protocole Internet (IP) de votre ordinateur, l’adresse IP de votre fournisseur d’accès à Internet, la date et l’heure de connexion au site Internet, l’adresse Internet depuis laquelle vous avez été directement redirigé vers notre site Internet, le système de contrôle que vous utilisez, les sections du site Internet que vous visitez, les pages du site Internet que vous avez consultées et les informations que vous avez vues, des renseignements relatifs aux types d’appareils que vous avez utilisés pour surfer sur le site, votre emplacement géographique et le matériel que vous avez chargé sur ou téléchargé depuis le site Internet. Ces informations techniques sont utilisées pour la gestion du site Internet et pour le contrôleur de système, ainsi que pour améliorer le site Internet et son utilisation. Ces données techniques peuvent être transmises à des tierces parties et conservées en vue d’une utilisation ultérieure.
La présente Politique de Protection des Données Personnelles s’applique uniquement au service fourni par l’outil RiseSmart. Les politiques et procédures décrites ici ne s’appliquent pas à aux autres sites Internet. Les liens depuis les Services n’impliquent pas notre accord avec ou notre consultation des autres sites Internet. Nous vous recommandons de contacter ces sites directement pour obtenir des informations au sujet de leurs politiques de protection des données.
Données agrégées
Dans le cadre de ses efforts constants en vue de mieux comprendre et servir les utilisateurs de ses Services, RiseSmart réalise souvent des recherches au sujet de l’emplacement géographique, des intérêts, des résultats et du comportement de ses utilisateurs sur la base des données personnelles et d’autres informations fournies à RiseSmart. Ces recherches et autres mesures ou analyses relatives au comportement, aux résultats ou aux examens des utilisateurs peuvent être compilées et analysées sur une base agrégée. De plus, RiseSmart peut partager ces données agrégées avec ses associés, ses agents et ses partenaires. Ces informations agrégées ne vous identifient pas personnellement.RiseSmart peut également divulguer des statistiques d’utilisateurs agrégées dans le but de décrire les Services de RiseSmart à des partenaires actuels et potentiels, ainsi qu’à d’autres tierces parties à d’autres fins légales.
Destinataires de vos données
Dans le cadre du Service, RiseSmart peut collecter, transmettre et utiliser vos Données Personnelles et d'autres informations dans le but de vous fournir le Service, y compris, mais sans s'y limiter, pour déterminer quelle aide particulière vous attendez du Service et, si vous êtes un demandeur d'emploi, vous fournir des pistes d'emploi, une formation à la recherche d'emploi, une aide à la rédaction de CV et/ou d'autres formes d'assistance. RiseSmart peut également utiliser vos Données personnelles et d'autres informations
(a) pour vous identifier et vous authentifier, par exemple, pour votre accès à votre compte de Service et votre communication avec le personnel de RiseSmart, ou
(b) à l'interne pour augmenter ou ajuster l'activité de Service de RiseSmart pour votre compte, rapporter le rendement du Service à l'interne à la direction de RiseSmart, effectuer une formation interne et gérer de toute autre manière les activités de RiseSmart.
En outre, si vous fournissez des Données Personnelles ou d'autres informations pour une certaine raison, RiseSmart peut utiliser les Données Personnelles ou d'autres informations en relation avec la raison pour laquelle elles ont été fournies. Par exemple, si vous contactez RiseSmart par e-mail, RiseSmart utilisera les Données Personnelles que vous fournissez pour répondre à votre question ou résoudre votre problème.
RiseSmart peut mettre à la disposition de l'entreprise cliente des rapports d'étape et d'autres informations qui peuvent vous identifier et indiquer l'état de votre utilisation du Service, l'étendue de votre utilisation du Service, votre progression et votre statut d'étape dans la recherche d'emploi, votre satisfaction client ou tout autre commentaire relatif au Service, dans chaque cas individuellement ou d'une manière agrégée (collectivement,"Données de Progrès"). De temps à autre, RiseSmart peut mettre à votre disposition des outils pour vous permettre d'ajuster les données de progression que RiseSmart est autorisé à partager avec le client de l'entreprise. Si vous avez des questions ou des préoccupations au sujet des données de progression que RiseSmart peut partager avec le client de l'entreprise, veuillez contacter le Délégué à la Protection des Données.
RISESMART FRANCE peut transmettre vos données personnelles à d’autres entités RISESMART FRANCE, à ses Clients, à ses sous-traitants (p. ex. sociétés de traitement de données) qui réalisent des Services ou exécutent des missions pour son compte, ses fournisseurs, des autorités publiques et autres relations professionnelles, ainsi que dans tous les autres les cas où RISESMART FRANCE est tenue de les transmettre, p. ex. sur ordre ou décision d’un tribunal.
La technologie RiseSmart est fournie par RiseSmart, Inc., basée aux États-Unis et soutenue par RiseSmart HR Services Pvt. Ltd. en Inde. De même, les Clients et d’autres entités Randstad et sous-traitants peuvent être établis hors de la France. Vos données personnelles peuvent, dès lors, être transférées hors de la France. Le transfert de Données Personnelles est encadré par les Clauses Contractuelles Type de la Commission Européenne. Les mesures nécessaires sont prises pour veiller à ce que vos données personnelles transférées soient correctement protégées contre toute perte ou tout traitement illicite.
Dans le cadre du développement de ses activités, RISESMART FRANCE peut vendre ou acheter des activités ou actifs. En cas de vente, de fusion, de réorganisation, de dissolution d’entreprise ou autre événement similaire, les données personnelles et autres informations peuvent faire partie des actifs transférés.
RiseSmart, à l'instar de nombreuses entreprises, fait parfois appel à d'autres entreprises pour exécuter certaines fonctions liées aux affaires, y compris l'analytique. Lorsque RiseSmart engage une autre société pour exécuter une fonction en son nom, RiseSmart peut lui fournir vos Données Personnelles et d'autres informations dans la mesure nécessaire ou utile pour lui permettre d'accomplir sa fonction spécifique de façon encadrée et sécurisée.
RISESMART FRANCE et RiseSmart s’engagent à ce que ces informations ne soient pas cédées ou diffusées à d’autres tiers, en particulier, RISESMART FRANCE et RiseSmart ne partagent pas vos données à des tiers pour des fins de prospection commerciale.
Gestion de l’information
RISESMART FRANCE et RiseSmart recevront ou saisira toutes vos données personnelles et informations assimilée sous forme électronique. RiseSmart les réunira dans un base de donnée dont elle est propriétaire, et qu’elle stockera aux États-Unis d’Amérique ou dans un pays tiers, dans le respect du droit. Afin d’assurer l’exactitude de ces données personnelles, RISESMART FRANCE ou RiseSmart pourront vous inviter à vérifier celles-ci.
Les personnels de RISESMART FRANCE et RiseSmart pourront accéder à votre compte en ligne, et depuis tout lieu de leur exercice professionnel, déterminer les besoins à combler et les actions à mener, et si vous êtes à la recherche d’un emploi, vous communiquer les opportunités d’emploi pertinentes.
RISESMART FRANCE et RiseSmart prennent les mesures nécessaire à la protection de vos données personnelles contre la perte, le détournement, l’accès non autorisé, la publication et la destruction. Toutefois, aucune communication électronique n’est parfaitement sécurisée ou à l’abri d’une erreur. En particulier, les courriers électroniques ainsi que les autres communications envers ou depuis le service peuvent ne pas être sécurisés. Dès lors, il vous appartient de rester prudent dans les informations que vous envoyez à RiseSmart par ces moyens.
Limite de la présente politique
Cette Politique de Protection des Données Personnelles s’applique également aux données que vous révélez lors de votre utilisation du service alors même que leur collecte n’est pas nécessaire à la bonne utilisation. Toutefois, cette divulgation volontaire ne peut engager RISESMART FRANCE ou RiseSmart a aucune obligation nouvelle. RiseSmart conserve la faculté, si ces données ne sont pas utiles à l’utilisation du service, de les supprimer unilatéralement, ou d‘en faire librement usage dans le cas contraire.
Délégué à la Protection des Données
Vous pouvez contacter le Délégué à la Protection des Données de RISESMART FRANCE, en écrivant à l’adresse suivante :
Groupe Randstad France
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Droits concernant vos données
Conformément à la législation sur la protection des données personnelles, vous disposez d’un droit d’accès, de rectification, de suppression et de portabilité des données vous concernant, et d’opposition ou de limitation du traitement de vos données. Pour exercer ces droits, vous pouvez nous contacter, en joignant impérativement une copie de votre pièce d’identité, condition indispensable pour le traitement de votre demande, en nous écrivant à l’adresse suivante :
Groupe Randstad France
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Nous vous rappelons que vous pouvez retirer à tout moment, et sans motif, votre consentement au traitement de vos données effectué par le Groupe Randstad en France.
Vous pouvez également introduire une réclamation auprès de l’autorité de contrôle compétente.
Durée de conservation
Conformément à la législation, votre dossier peut être conservé jusqu’à 2 ans après le dernier contact.
Modifications
La présente version a été établie en décembre 2017.
Pour différentes raisons, RiseSmart peut procéder à des modifications, des ajouts ou des corrections à la présente Politique de respect de la vie privée à tout moment. Veuillez consulter périodiquement la présente Politique de respect de la vie privée, en particulier avant de fournir des données personnelles vous concernant.
Effective April 19th 2019 to March 28th 2022
DownloadTable of Contents
POLITIQUE DE PROTECTION DES DONNÉES PERSONNELLES RISESMART FRANCE POUR HR CONSULTANCY PARTNERS
Lorsque nous traitons vos données personnelles, nous les utilisons conformément à notre Politique de Protection des Données Personnelles.
RiseSmart est convaincu que le respect de la vie privée de ses participants et candidats, ainsi que de ses autres relations et des visiteurs de son site Internet revêt une importance cruciale. Vos données personnelles sont dès lors traitées et sécurisées avec le plus grand soin possible, conformément aux exigences de la législation applicable en matière de protection des données.
Qui sommes-nous ?
RiseSmart est un outil développé par la Société RiseSmart dont le siège est établi au 55 Almaden Boulevard, Suite 800, San Jose, CA 95113, United States of America, (ci-après dénommée « RiseSmart »), déployé et opéré par la Société HR consultancy partners, S.A.S.U au capital de 7 296 000 €, immatriculée sous le numéro 490 748 670 01271 au registre de commerce et des sociétés de Paris, filiale du Groupe Randstad en France, (ci-après dénommée « HRCP »).
Responsable de traitement
La plateforme RiseSmart est déployée dans le cadre d’une mission confiée par le Client à HRCP. Au regard de la réglementation sont considérés comme co-responsable de traitement respectivement le représentant légal du Client et le représentant légal du Groupe Randstad en France dont la Société HR consultancy partners, située 39 rue Saint Lazare, 75009 PARIS (France), est une composante, le responsable de traitement est Monsieur François BÉHAREL.
Finalités et fondement juridique du traitement
Nous collectons et traitons vos données dans le cadre de la fourniture du Service RiseSmart pour vous et nos Clients.
Nous recueillons vos données et les traitons uniquement avec votre consentement, pour l'exécution du Contrat passé entre HRCP et son Client. Les mentions obligatoires pour la gestion de votre dossier sont précédées de la mention * (les autres sont facultatives et sans conséquence pour l’examen de ce dernier).
Vos données personnelles sont, en particulier, traitées dans le but de :
- vous fournir nos Services, y compris, mais sans s’y limiter, déterminer quelle assistance particulière vous attendez des Services ;
- vous établir des offres et/ou vous fournir des informations relatives aux Services et à d’autres activités, ainsi que pour pouvoir les adapter davantage à vos exigences et qualités. Ces services sont réalisés par nos collaborateurs et partiellement automatisés, et peuvent inclure la fourniture de possibilités d’emploi, de formation de recherche d’emploi, d’aide à la rédaction d’un CV et/ou d’autres Services d’aide ;
- promouvoir votre développement personnel et votre employabilité, y compris par la formation, le coaching et des tests ;
- évaluer votre compatibilité et votre disponibilité par rapport à des emplois à durée indéterminée ou à durée déterminée ou pour une mission, auquel cas des résultats de tests, des questionnaires, des séances de conseil, des discussions, des vérifications de références, des échanges d’e-mails et d’autres canaux, etc. peuvent également être utilisés ;
- assister un Client via les Services lors d’un reclassement externe, de services de gestion de carrière et d’évaluation de compétences pour ses collaborateurs actuels et/ou antérieurs ;
- fixer une mission dans un contrat avec le Client et gérer le contrat et son application avec le Client ;
- vous contacter pour des offres commerciales, des bulletins d’information et des campagnes promotionnelles qui pourraient vous intéresser, uniquement si vous vous êtes enregistré à ces fins (opt-in) ;
- organiser des événements pour vous, uniquement si vous vous êtes enregistré à cette fin (opt-in) ;
- de les utiliser pour des finalités de gestion dont entre autres, la gestion des informations (statistiques,..), en vue d’assurer le contrôle interne et la sécurité de notre entreprise, l’exécution d’audits (internes/externes ) et d’analyse de données, la santé et la sécurité de nos collaborateurs
- atteindre des objectifs en termes de qualité, tels qu’une certification ;
- améliorer le contenu et le fonctionnement des Services, mieux comprendre les utilisateurs de RS et améliorer les Services ;
Quand collectons-nous vos données personnelles ?
Nous collectons vos données à partir du moment où vous saisissez ou laissez vos données sur le site Internet RiseSmart, lorsque vous vous enregistrez en tant que participant/candidat auprès de RiseSmart ou lorsque vos données sont partagées avec nous par notre Client (votre employeur actuel ou précédent) dans le cadre de notre contrat avec ce Client relativement aux Services.
Nous collectons également vos données de navigation lorsque vous visitez sans vous enregistrer notre plateforme, en recourant aux cookies.
Quelles données personnelles collectons-nous à votre sujet ?
Nous collectons et traitons les données personnelles nécessaires pour la réalisation de ce Service. Certaines de ces données sont obligatoires pour vous permettre d’utiliser nos Services. D’autres données peuvent s’avérer utiles pour adapter davantage les Services à vos exigences et qualités, ou pour répondre plus spécifiquement aux demandes ou obligations du Client. Vous êtes personnellement responsable de l’exactitude et de la pertinence des données que vous transmettez à RiseSmart.
Lorsque vous vous enregistrez en tant que participant auprès de HRCP, vous nous transmettez des données personnelles, y compris les suivantes, pour rappel seuls les champs accompagnés d’une astérisque sont obligatoires :
- nom et adresse détaillée, adresse e-mail, et autres informations de contact ;
- date de naissance, âge et sexe ;
- curriculum vitae (CV), récents intitulé de poste, employeurs actuel et précédents, informations relatives à vos études et à vos formations, vos affectations, votre expérience professionnelle, vos aptitudes linguistiques, vos objectifs en termes d’emploi, vos attentes salariales, vos intérêts ;
- votre profil professionnel sur les médias sociaux et les profils pertinents de votre réseau ;
- des informations relatives aux formations et cours que vous avez suivis et/ou aux tests que vous avez passés, de votre propre initiative ou par notre intermédiaire ;
- des données relatives à vos disponibilités et congés ;
- d’autres données pouvant être importantes dans le cadre de l’évaluation de votre adéquation, telles que des références et certificats ;
- une photo d’identité et une vidéo (de présentation) - sur une base volontaire ;
- des informations relatives à vos progrès et au statut de votre recherche d’emploi ;
- des informations relatives à la satisfaction de vos clients et autre feedback relatif à la recherche d’emploi et aux Services.
Les Clients de HRCP peuvent demander à HRCP d’aider leurs collaborateurs actuels et/ou antérieurs à chercher un emploi par le biais des Services (« Contrat de prestation de services »). Dans le cadre de ces Contrats, HRCP reçoit, de la part du Client, une liste de personnes entrant en ligne de compte pour les Services avec des données les concernant . Si vous entrez en considération, la liste établie par le Client peut reprendre votre nom, votre récent titre de fonction, votre adresse de domicile, votre numéro de téléphone, votre adresse e-mail, votre département ou service, ainsi que d’autresdonnées personnelles.
Ce n’est que pour cette finalité que HRCP confie vos données personnelles à RiseSmart.
Les Clients peuvent également enregistrer directement des participants avec leurs données sur la plateforme RiseSmart sans que RiseSmart ou HRCP n’exerce de contrôle sur les données qui seront ainsi enregistrées.
Dans le cadre de votre compte en ligne, que vous pouvez créer pour les Services, RiseSmart peut vous demander de créer un nom d’utilisateur unique, un mot de passe et une question de rappel, et d’utiliser ces informations de connexion pour accéder à votre compte. Vous acceptez de protéger la confidentialité de votre nom d’utilisateur, de votre mot de passe et de votre question de rappel. Si vous les dévoilez, vous serez entièrement responsable de toute utilisation, tout vol, toute altération, tout abus, toute divulgation ou toute autre perte de vos données personnelles ou d’autres informations en découlant.
En fournissant volontairement à RiseSmart des données personnelles ou en utilisant le service (y compris dans le cadre d'un engagement client de la société), vous consentez à ce que RiseSmart utilise vos données personnelles conformément à la présente politique de confidentialité. Si vous ou le client de la société fournissez des Données Personnelles dans le cadre du Service, vous reconnaissez et acceptez que ces Données Personnelles peuvent être transférées de votre ou de son emplacement actuel vers les bureaux et serveurs de RiseSmart et des tiers autorisés mentionnés dans les présentes aux États-Unis ou dans d'autres pays.
Informations techniques et cookies
RiseSmart utilise des cookies et autres statistiques web, afin de savoir comment les visiteurs utilisent son site Internet. Ces informations nous aident à améliorer le site. Un cookie est un fichier enregistré sur votre ordinateur. Lorsque vous retournez ultérieurement sur notre site Internet, ces cookies peuvent être reconnus.
Vous pouvez à tout moment désactiver l’utilisation de cookies pour le site de RiseSmart dans les paramètres de votre navigateur. Cette désactivation peut altérer la présentation graphique du site, et empêchera RiseSmart de reprendre à chaque connexion les préférences de navigation que vous aviez manifestées. Cette désactivation peut également empêcher la bonne exécution de certaines fonctionnalités des Services.
Les cookies sur les Services peuvent être mis en place par RiseSmart ou par des éditeurs tiers. La présente politique ne s’applique qu’aux cookies mis en place par RiseSmart.
Nous vous conseillons de consulter notre Politique Relative aux Cookies pour une information plus précise.
Comme bon nombre d’autres sites Internet, notre plateforme collecte automatiquement certaines données relatives à ses utilisateurs, dont l’adresse de protocole Internet (IP) de votre ordinateur, l’adresse IP de votre fournisseur d’accès à Internet, la date et l’heure de connexion au site Internet, l’adresse Internet depuis laquelle vous avez été directement redirigé vers notre site Internet, le système de contrôle que vous utilisez, les sections du site Internet que vous visitez, les pages du site Internet que vous avez consultées et les informations que vous avez vues, des renseignements relatifs aux types d’appareils que vous avez utilisés pour surfer sur le site, votre emplacement géographique et le matériel que vous avez chargé sur ou téléchargé depuis le site Internet. Ces informations techniques sont utilisées pour la gestion du site Internet et pour le contrôleur de système, ainsi que pour améliorer le site Internet et son utilisation. Ces données techniques peuvent être transmises à des tierces parties et conservées en vue d’une utilisation ultérieure.
La présente Politique de Protection des Données Personnelles s’applique uniquement au service fourni par l’outilRiseSmart. Les politiques et procédures décrites ici ne s’appliquent pas à aux autres sites Internet. Les liens depuis les Services n’impliquent pas notre accord avec ou notre consultation des autres sites Internet. Nous vous recommandons de contacter ces sites directement pour obtenir des informations au sujet de leurs politiques de protection des données.
Données agrégées
Dans le cadre de ses efforts constants en vue de mieux comprendre et servir les utilisateurs de ses Services, RiseSmartréalise souvent des recherches au sujet de l’emplacement géographique, des intérêts, des résultats et du comportement de ses utilisateurs sur la base des données personnelles et d’autres informations fournies à RiseSmart. Ces recherches et autres mesures ou analyses relatives au comportement, aux résultats ou aux examens des utilisateurs peuvent être compilées et analysées sur une base agrégée. De plus, RiseSmart peut partager ces données agrégées avec ses associés, ses agents et ses partenaires. Ces informations agrégées ne vous identifient pas personnellement.RiseSmart peut également divulguer des statistiques d’utilisateurs agrégées dans le but de décrire les Services de RiseSmart à des partenaires actuels et potentiels, ainsi qu’à d’autres tierces parties à d’autres fins légales.
Destinataires de vos données
Dans le cadre du Service, RiseSmart peut collecter, transmettre et utiliser vos Données Personnelles et d'autres informations dans le but de vous fournir le Service, y compris, mais sans s'y limiter, pour déterminer quelle aide particulière vous attendez du Service et, si vous êtes un demandeur d'emploi, vous fournir des pistes d'emploi, une formation à la recherche d'emploi, une aide à la rédaction de CV et/ou d'autres formes d'assistance. RiseSmart peut également utiliser vos Données personnelles et d'autres informations
(a) pour vous identifier et vous authentifier, par exemple, pour votre accès à votre compte de Service et votre communication avec le personnel de RiseSmart, ou
(b) à l'interne pour augmenter ou ajuster l'activité de Service de RiseSmart pour votre compte, rapporter le rendement du Service à l'interne à la direction de RiseSmart, effectuer une formation interne et gérer de toute autre manière les activités de RiseSmart.
En outre, si vous fournissez des Données Personnelles ou d'autres informations pour une certaine raison, RiseSmart peut utiliser les Données Personnelles ou d'autres informations en relation avec la raison pour laquelle elles ont été fournies. Par exemple, si vous contactez RiseSmart par e-mail, RiseSmart utilisera les Données Personnelles que vous fournissez pour répondre à votre question ou résoudre votre problème.
RiseSmart peut mettre à la disposition de l'entreprise cliente des rapports d'étape et d'autres informations qui peuvent vous identifier et indiquer l'état de votre utilisation du Service, l'étendue de votre utilisation du Service, votre progression et votre statut d'étape dans la recherche d'emploi, votre satisfaction client ou tout autre commentaire relatif au Service, dans chaque cas individuellement ou d'une manière agrégée (collectivement,"Données de Progrès"). De temps à autre, RiseSmart peut mettre à votre disposition des outils pour vous permettre d'ajuster les données de progression que RiseSmart est autorisé à partager avec le client de l'entreprise. Si vous avez des questions ou des préoccupations au sujet des données de progression que RiseSmart peut partager avec le client de l'entreprise, veuillez contacter le Délégué à la Protection des Données.
HRCP peut transmettre vos données personnelles à d’autres entités HRCP, à ses Clients, à ses sous-traitants (p. ex. sociétés de traitement de données) qui réalisent des Services ou exécutent des missions pour son compte, ses fournisseurs, des autorités publiques et autres relations professionnelles, ainsi que dans tous les autres les cas où HRCPest tenue de les transmettre, p. ex. sur ordre ou décision d’un tribunal.
La technologie RiseSmart est fournie par RiseSmart, Inc., basée aux États-Unis et soutenue par RiseSmart HR Services Pvt. Ltd. en Inde. De même, les Clients et d’autres entités Randstad et sous-traitants peuvent être établis hors de la France. Vos données personnelles peuvent, dès lors, être transférées hors de la France. Le transfert de Données Personnelles est encadré par les Clauses Contractuelles Type de la Commission Européenne. Les mesures nécessaires sont prises pour veiller à ce que vos données personnelles transférées soient correctement protégées contre toute perte ou tout traitement illicite.
Dans le cadre du développement de ses activités, HRCP peut vendre ou acheter des activités ou actifs. En cas de vente, de fusion, de réorganisation, de dissolution d’entreprise ou autre événement similaire, les données personnelles et autres informations peuvent faire partie des actifs transférés.
RiseSmart, à l'instar de nombreuses entreprises, fait parfois appel à d'autres entreprises pour exécuter certaines fonctions liées aux affaires, y compris l'analytique. Lorsque RiseSmart engage une autre société pour exécuter une fonction en son nom, RiseSmart peut lui fournir vos Données Personnelles et d'autres informations dans la mesure nécessaire ou utile pour lui permettre d'accomplir sa fonction spécifique de façon encadrée et sécurisée.
HRCP et RiseSmart s’engagent à ce que ces informations ne soient pas cédées ou diffusées à d’autres tiers, en particulier, HRCP et RiseSmart ne partagent pas vos données à des tiers pour des fins de prospection commerciale.
Gestion de l’information
HRCP et RiseSmart recevront ou saisira toutes vos données personnelles et informations assimilée sous forme électronique. RiseSmart les réunira dans un base de donnée dont elle est propriétaire, et qu’elle stockera aux États-Unis d’Amérique ou dans un pays tiers, dans le respect du droit. Afin d’assurer l’exactitude de ces données personnelles,HRCP ou RiseSmart pourront vous inviter à vérifier celles-ci.
Les personnels de HRCP et RiseSmart pourront accéder à votre compte en ligne, et depuis tout lieu de leur exercice professionnel, déterminer les besoins à combler et les actions à mener, et si vous êtes à la recherche d’un emploi, vous communiquer les opportunités d’emploi pertinentes.
HRCP et RiseSmart prennent les mesures nécessaire à la protection de vos données personnelles contre la perte, le détournement, l’accès non autorisé, la publication et la destruction. Toutefois, aucune communication électronique n’est parfaitement sécurisée ou à l’abri d’une erreur. En particulier, les courriers électroniques ainsi que les autres communication envers ou depuis le service peuvent ne pas être sécurisés. Dès lors, il vous appartient de rester prudent dans les informations que vous envoyez à RiseSmart par ces moyens.
Limite de la présente politique
Cette Politique de Protection des Données Personnelles s’applique également aux données que vous révélez lors de votre utilisation du service alors même que leur collecte n’est pas nécessaire à la bonne utilisation. Toutefois, cette divulgation volontaire ne peut engager HRCP ou RiseSmart a aucune obligation nouvelle. RiseSmart conserve la faculté, si ces données ne sont pas utiles à l’utilisation du service, de les supprimer unilatéralement, ou d‘en faire librement usage dans le cas contraire.
Délégué à la Protection des Données
Vous pouvez contacter le Délégué à la Protection des Données de HRCP, en écrivant à l’adresse suivante :
Groupe Randstad France
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Droits concernant vos données
Conformément à la législation sur la protection des données personnelles, vous disposez d’un droit d’accès, de rectification, de suppression et de portabilité des données vous concernant, et d’opposition ou de limitation du traitement de vos données. Pour exercer ces droits, vous pouvez nous contacter, en joignant impérativement une copie de votre pièce d’identité, condition indispensable pour le traitement de votre demande, en nous écrivant à l’adresse suivante :
Groupe Randstad France
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Nous vous rappelons que vous pouvez retirer à tout moment, et sans motif, votre consentement au traitement de vos données effectué par le Groupe Randstad en France.
Vous pouvez également introduire une réclamation auprès de l’autorité de contrôle compétente.
Durée de conservation
Conformément à la législation, votre dossier peut être conservé jusqu’à 2 ans après le dernier contact.
Modifications
La présente version a été établie en décembre 2017.
Pour différentes raisons, RiseSmart peut procéder à des modifications, des ajouts ou des corrections à la présente Politique de respect de la vie privée à tout moment. Veuillez consulter périodiquement la présente Politique de respect de la vie privée, en particulier avant de fournir des données personnelles vous concernant.
Effective January 17th 2018 to April 19th 2019
DownloadTable of Contents
POLITIQUE DE PROTECTION DES DONNÉES PERSONNELLES RISESMART FRANCE POUR HR CONSULTANCY PARTNERS
Lorsque nous traitons vos données personnelles, nous les utilisons conformément à notre Politique de Protection des Données Personnelles.
RiseSmart est convaincu que le respect de la vie privée de ses participants et candidats, ainsi que de ses autres relations et des visiteurs de son site Internet revêt une importance cruciale. Vos données personnelles sont dès lors traitées et sécurisées avec le plus grand soin possible, conformément aux exigences de la législation applicable en matière de protection des données.
Qui sommes-nous ?
RiseSmart est un outil développé par la Société RiseSmart dont le siège est établi au 55 Almaden Boulevard, Suite 800, San Jose, CA 95113, United States of America, (ci-après dénommée « RiseSmart »), déployé et opéré par la Société HR consultancy partners, S.A.S.U au capital de 7 296 000 €, immatriculée sous le numéro 490 748 670 01172 au registre de commerce et des sociétés de Paris, filiale du Groupe Randstad en France, (ci-après dénommée « HRCP »).
Responsable de traitement
La plateforme RiseSmart est déployée dans le cadre d’une mission confiée par le Client à HRCP. Au regard de la réglementation sont considérés comme co-responsable de traitement respectivement le représentant légal du Client et le représentant légal du Groupe Randstad en France dont la Société HR consultancy partners, située à Viaduc des Arts, 11 rue Hector Malot 75012, est une composante, le responsable de traitement est Monsieur François BÉHAREL.
Finalités et fondement juridique du traitement
Nous collectons et traitons vos données dans le cadre de la fourniture du Service RiseSmart pour vous et nos Clients.
Nous recueillons vos données et les traitons uniquement avec votre consentement, pour l'exécution du Contrat passé entre HRCP et son Client. Les mentions obligatoires pour la gestion de votre dossier sont 	précédées de la mention * (les autres sont facultatives et sans conséquence pour l’examen de ce dernier).
Vos données personnelles sont, en particulier, traitées dans le but de :
- vous fournir nos Services, y compris, mais sans s’y limiter, déterminer quelle assistance particulière vous attendez des Services ;
- vous établir des offres et/ou vous fournir des informations relatives aux Services et à d’autres activités, ainsi que pour pouvoir les adapter davantage à vos exigences et qualités. Ces services sont réalisés par nos collaborateurs et partiellement automatisés, et peuvent inclure la fourniture de possibilités d’emploi, de formation de recherche d’emploi, d’aide à la rédaction d’un CV et/ou d’autres Services d’aide ;
- promouvoir votre développement personnel et votre employabilité, y compris par la formation, le coaching et des tests ;
- évaluer votre compatibilité et votre disponibilité par rapport à des emplois à durée indéterminée ou à durée déterminée ou pour une mission, auquel cas des résultats de tests, des questionnaires, des séances de conseil, des discussions, des vérifications de références, des échanges d’e-mails et d’autres canaux, etc. peuvent également être utilisés ;
- assister un Client via les Services lors d’un reclassement externe, de services de gestion de carrière et d’évaluation de compétences pour ses collaborateurs actuels et/ou antérieurs ;
- fixer une mission dans un contrat avec le Client et gérer le contrat et son application avec le Client ;
- vous contacter pour des offres commerciales, des bulletins d’information et des campagnes promotionnelles qui pourraient vous intéresser, uniquement si vous vous êtes enregistré à ces fins (opt-in) ;
- organiser des événements pour vous, uniquement si vous vous êtes enregistré à cette fin (opt-in) ;
- de les utiliser pour des finalités de gestion dont entre autres, la gestion des informations (statistiques,..), en vue d’assurer le contrôle interne et la sécurité de notre entreprise, l’exécution d’audits (internes/externes ) et d’analyse de données, la santé et la sécurité de nos collaborateurs
- atteindre des objectifs en termes de qualité, tels qu’une certification ;
- améliorer le contenu et le fonctionnement des Services, mieux comprendre les utilisateurs de RS et améliorer les Services ;
Quand collectons-nous vos données personnelles ?
Nous collectons vos données à partir du moment où vous saisissez ou laissez vos données sur le site Internet RiseSmart, lorsque vous vous enregistrez en tant que participant/candidat auprès de RiseSmart ou lorsque vos données sont partagées avec nous par notre Client (votre employeur actuel ou précédent) dans le cadre de notre contrat avec ce Client relativement aux Services.
Nous collectons également vos données de navigation lorsque vous visitez sans vous enregistrer notre plateforme, en recourant aux cookies.
Quelles données personnelles collectons-nous à votre sujet ?
Nous collectons et traitons les données personnelles nécessaires pour la réalisation de ce Service. Certaines de ces données sont obligatoires pour vous permettre d’utiliser nos Services. D’autres données peuvent s’avérer utiles pour adapter davantage les Services à vos exigences et qualités, ou pour répondre plus spécifiquement aux demandes ou obligations du Client. Vous êtes personnellement responsable de l’exactitude et de la pertinence des données que vous transmettez à RiseSmart.
Lorsque vous vous enregistrez en tant que participant auprès de HRCP, vous nous transmettez des données personnelles, y compris les suivantes, pour rappel seuls les champs accompagnés d’une astérisque sont obligatoires :
- nom et adresse détaillée, adresse e-mail, et autres informations de contact ;
- date de naissance, âge et sexe ;
- curriculum vitae (CV), récents intitulé de poste, employeurs actuel et précédents, informations relatives à vos études et à vos formations, vos affectations, votre expérience professionnelle, vos aptitudes linguistiques, vos objectifs en termes d’emploi, vos attentes salariales, vos intérêts ;
- votre profil professionnel sur les médias sociaux et les profils pertinents de votre réseau ;
- des informations relatives aux formations et cours que vous avez suivis et/ou aux tests que vous avez passés, de votre propre initiative ou par notre intermédiaire ;
- des données relatives à vos disponibilités et congés ;
- d’autres données pouvant être importantes dans le cadre de l’évaluation de votre adéquation, telles que des références et certificats ;
- une photo d’identité et une vidéo (de présentation) - sur une base volontaire ;
- des informations relatives à vos progrès et au statut de votre recherche d’emploi ;
- des informations relatives à la satisfaction de vos clients et autre feedback relatif à la recherche d’emploi et aux Services.
Les Clients de HRCP peuvent demander à HRCP d’aider leurs collaborateurs actuels et/ou antérieurs à chercher un emploi par le biais des Services (« Contrat de prestation de services »). Dans le cadre de ces Contrats, HRCP reçoit, de la part du Client, une liste de personnes entrant en ligne de compte pour les Services avec des données les concernant . Si vous entrez en considération, la liste établie par le Client peut reprendre votre nom, votre récent titre de fonction, votre adresse de domicile, votre numéro de téléphone, votre adresse e-mail, votre département ou service, ainsi que d’autres données personnelles.
Ce n’est que pour cette finalité que HRCP confie vos données personnelles à RiseSmart.
Les Clients peuvent également enregistrer directement des participants avec leurs données sur la plateforme RiseSmart sans que RiseSmart ou HRCP n’exerce de contrôle sur les données qui seront ainsi enregistrées.
Dans le cadre de votre compte en ligne, que vous pouvez créer pour les Services, RiseSmart peut vous demander de créer un nom d’utilisateur unique, un mot de passe et une question de rappel, et d’utiliser ces informations de connexion pour accéder à votre compte. Vous acceptez de protéger la confidentialité de votre nom d’utilisateur, de votre mot de passe et de votre question de rappel. Si vous les dévoilez, vous serez entièrement responsable de toute utilisation, tout vol, toute altération, tout abus, toute divulgation ou toute autre perte de vos données personnelles ou d’autres informations en découlant.
En fournissant volontairement à RiseSmart des données personnelles ou en utilisant le service (y compris dans le cadre d'un engagement client de la société), vous consentez à ce que RiseSmart utilise vos données personnelles conformément à la présente politique de confidentialité. Si vous ou le client de la société fournissez des Données Personnelles dans le cadre du Service, vous reconnaissez et acceptez que ces Données Personnelles peuvent être transférées de votre ou de son emplacement actuel vers les bureaux et serveurs de RiseSmart et des tiers autorisés mentionnés dans les présentes aux États-Unis ou dans d'autres pays.
Informations techniques et cookies
RiseSmart utilise des cookies et autres statistiques web, afin de savoir comment les visiteurs utilisent son site Internet. Ces informations nous aident à améliorer le site. Un cookie est un fichier enregistré sur votre ordinateur. Lorsque vous retournez ultérieurement sur notre site Internet, ces cookies peuvent être reconnus.
Vous pouvez à tout moment désactiver l’utilisation de cookies pour le site de RiseSmart dans les paramètres de votre navigateur. Cette désactivation peut altérer la présentation graphique du site, et empêchera RiseSmart de reprendre à chaque connexion les préférences de navigation que vous aviez manifestées. Cette désactivation peut également empêcher la bonne exécution de certaines fonctionnalités des Services.
Les cookies sur les Services peuvent être mis en place par RiseSmart ou par des éditeurs tiers. La présente politique ne s’applique qu’aux cookies mis en place par RiseSmart.
Nous vous conseillons de consulter notre Politique Relative aux Cookies pour une information plus précise.
Comme bon nombre d’autres sites Internet, notre plateforme collecte automatiquement certaines données relatives à ses utilisateurs, dont l’adresse de protocole Internet (IP) de votre ordinateur, l’adresse IP de votre fournisseur d’accès à Internet, la date et l’heure de connexion au site Internet, l’adresse Internet depuis laquelle vous avez été directement redirigé vers notre site Internet, le système de contrôle que vous utilisez, les sections du site Internet que vous visitez, les pages du site Internet que vous avez consultées et les informations que vous avez vues, des renseignements relatifs aux types d’appareils que vous avez utilisés pour surfer sur le site, votre emplacement géographique et le matériel que vous avez chargé sur ou téléchargé depuis le site Internet. Ces informations techniques sont utilisées pour la gestion du site Internet et pour le contrôleur de système, ainsi que pour améliorer le site Internet et son utilisation. Ces données techniques peuvent être transmises à des tierces parties et conservées en vue d’une utilisation ultérieure.
La présente Politique de Protection des Données Personnelles s’applique uniquement au service fourni par l’outil RiseSmart. Les politiques et procédures décrites ici ne s’appliquent pas à aux autres sites Internet. Les liens depuis les Services n’impliquent pas notre accord avec ou notre consultation des autres sites Internet. Nous vous recommandons de contacter ces sites directement pour obtenir des informations au sujet de leurs politiques de protection des données.
Données agrégées
Dans le cadre de ses efforts constants en vue de mieux comprendre et servir les utilisateurs de ses Services, RiseSmart réalise souvent des recherches au sujet de l’emplacement géographique, des intérêts, des résultats et du comportement de ses utilisateurs sur la base des données personnelles et d’autres informations fournies à RiseSmart. Ces recherches et autres mesures ou analyses relatives au comportement, aux résultats ou aux examens des utilisateurs peuvent être compilées et analysées sur une base agrégée. De plus, RiseSmart peut partager ces données agrégées avec ses associés, ses agents et ses partenaires. Ces informations agrégées ne vous identifient pas personnellement. RiseSmart peut également divulguer des statistiques d’utilisateurs agrégées dans le but de décrire les Services de RiseSmart à des partenaires actuels et potentiels, ainsi qu’à d’autres tierces parties à d’autres fins légales.
Destinataires de vos données
Dans le cadre du Service, RiseSmart peut collecter, transmettre et utiliser vos Données Personnelles et d'autres informations dans le but de vous fournir le Service, y compris, mais sans s'y limiter, pour déterminer quelle aide particulière vous attendez du Service et, si vous êtes un demandeur d'emploi, vous fournir des pistes d'emploi, une formation à la recherche d'emploi, une aide à la rédaction de CV et/ou d'autres formes d'assistance. RiseSmart peut également utiliser vos Données personnelles et d'autres informations (a) pour vous identifier et vous authentifier, par exemple, pour votre accès à votre compte de Service et votre communication avec le personnel de RiseSmart, ou (b) à l'interne pour augmenter ou ajuster l'activité de Service de RiseSmart pour votre compte, rapporter le rendement du Service à l'interne à la direction de RiseSmart, effectuer une formation interne et gérer de toute autre manière les activités de RiseSmart.
En outre, si vous fournissez des Données Personnelles ou d'autres informations pour une certaine raison, RiseSmart peut utiliser les Données Personnelles ou d'autres informations en relation avec la raison pour laquelle elles ont été fournies. Par exemple, si vous contactez RiseSmart par e-mail, RiseSmart utilisera les Données Personnelles que vous fournissez pour répondre à votre question ou résoudre votre problème.
RiseSmart peut mettre à la disposition de l'entreprise cliente des rapports d'étape et d'autres informations qui peuvent vous identifier et indiquer l'état de votre utilisation du Service, l'étendue de votre utilisation du Service, votre progression et votre statut d'étape dans la recherche d'emploi, votre satisfaction client ou tout autre commentaire relatif au Service, dans chaque cas individuellement ou d'une manière agrégée (collectivement,"Données de Progrès"). De temps à autre, RiseSmart peut mettre à votre disposition des outils pour vous permettre d'ajuster les données de progression que RiseSmart est autorisé à partager avec le client de l'entreprise. Si vous avez des questions ou des préoccupations au sujet des données de progression que RiseSmart peut partager avec le client de l'entreprise, veuillez contacter le Délégué à la Protection des Données.
HRCP peut transmettre vos données personnelles à d’autres entités HRCP, à ses Clients, à ses sous-traitants (p. ex. sociétés de traitement de données) qui réalisent des Services ou exécutent des missions pour son compte, ses fournisseurs, des autorités publiques et autres relations professionnelles, ainsi que dans tous les autres les cas où HRCP est tenue de les transmettre, p. ex. sur ordre ou décision d’un tribunal.
La technologie RiseSmart est fournie par RiseSmart, Inc., basée aux États-Unis et soutenue par RiseSmart HR Services Pvt. Ltd. en Inde. De même, les Clients et d’autres entités Randstad et sous-traitants peuvent être établis hors de la France. Vos données personnelles peuvent, dès lors, être transférées hors de la France. Le transfert de Données Personnelles est encadré par les Clauses Contractuelles Type de la Commission Européenne. Les mesures nécessaires sont prises pour veiller à ce que vos données personnelles transférées soient correctement protégées contre toute perte ou tout traitement illicite.
Dans le cadre du développement de ses activités, HRCP peut vendre ou acheter des activités ou actifs. En cas de vente, de fusion, de réorganisation, de dissolution d’entreprise ou autre événement similaire, les données personnelles et autres informations peuvent faire partie des actifs transférés.
RiseSmart, à l'instar de nombreuses entreprises, fait parfois appel à d'autres entreprises pour exécuter certaines fonctions liées aux affaires, y compris l'analytique. Lorsque RiseSmart engage une autre société pour exécuter une fonction en son nom, RiseSmart peut lui fournir vos Données Personnelles et d'autres informations dans la mesure nécessaire ou utile pour lui permettre d'accomplir sa fonction spécifique de façon encadrée et sécurisée.
HRCP et RiseSmart s’engagent à ce que ces informations ne soient pas cédées ou diffusées à d’autres tiers, en particulier, HRCP et RiseSmart ne partagent pas vos données à des tiers pour des fins de prospection commerciale.
Gestion de l’information
HRCP et RiseSmart recevront ou saisira toutes vos données personnelles et informations assimilée sous forme électronique. RiseSmart les réunira dans un base de donnée dont elle est propriétaire, et qu’elle stockera aux États-Unis d’Amérique ou dans un pays tiers, dans le respect du droit. Afin d’assurer l’exactitude de ces données personnelles, HRCP ou RiseSmart pourront vous inviter à vérifier celles-ci.
Les personnels de HRCP et RiseSmart pourront accéder à votre compte en ligne, et depuis tout lieu de leur exercice professionnel, déterminer les besoins à combler et les actions à mener, et si vous êtes à la recherche d’un emploi, vous communiquer les opportunités d’emploi pertinentes.
HRCP et RiseSmart prennent les mesures nécessaire à la protection de vos données personnelles contre la perte, le détournement, l’accès non autorisé, la publication et la destruction. Toutefois, aucune communication électronique n’est parfaitement sécurisée ou à l’abri d’une erreur. En particulier, les courriers électroniques ainsi que les autres communication envers ou depuis le service peuvent ne pas être sécurisés. Dès lors, il vous appartient de rester prudent dans les informations que vous envoyez à RiseSmart par ces moyens.
Limite de la présente politique
Cette Politique de Protection des Données Personnelles s’applique également aux données que vous révélez lors de votre utilisation du service alors même que leur collecte n’est pas nécessaire à la bonne utilisation. Toutefois, cette divulgation volontaire ne peut engager HRCP ou RiseSmart a aucune obligation nouvelle. RiseSmart conserve la faculté, si ces données ne sont pas utiles à l’utilisation du service, de les supprimer unilatéralement, ou d‘en faire librement usage dans le cas contraire.
Délégué à la Protection des Données
Vous pouvez contacter le Délégué à la Protection des Données de HRCP, en écrivant à l’adresse suivante :
Groupe Randstad France
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Droits concernant vos données
Conformément à la législation sur la protection des données personnelles, vous disposez d’un droit d’accès, de rectification, de suppression et de portabilité des données vous concernant, et d’opposition ou de limitation du traitement de vos données. Pour exercer ces droits, vous pouvez nous contacter, en joignant impérativement une copie de votre pièce d’identité, condition indispensable pour le traitement de votre demande, en nous écrivant à l’adresse suivante :
Groupe Randstad France
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276, avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Nous vous rappelons que vous pouvez retirer à tout moment, et sans motif, votre consentement au traitement de vos données effectué par le Groupe Randstad en France.
Vous pouvez également introduire une réclamation auprès de l’autorité de contrôle compétente.
Durée de conservation
Conformément à la législation, votre dossier peut être conservé jusqu’à 2 ans après le dernier contact.
Modifications
La présente version a été établie en décembre 2017.
Pour différentes raisons, RiseSmart peut procéder à des modifications, des ajouts ou des corrections à la présente Politique de respect de la vie privée à tout moment. Veuillez consulter périodiquement la présente Politique de respect de la vie privée, en particulier avant de fournir des données personnelles vous concernant.
Effective December 15th 2017 to January 17th 2018
DownloadTable of Contents
PRIVACY STATEMENT RISESMART
Lorsque nous traitons vos données à caractère personnel, nous les utilisons conformément à notre Privacy Statement.
RiseSmart est convaincu que le respect de la vie privée de ses participants et candidats, ainsi que de ses autres relations et des visiteurs de son site Internet revêt une importance cruciale. Vos données à caractère personnel sont dès lors traitées et sécurisées avec le plus grand soin possible, conformément aux exigences de la législation applicable en matière de protection des données.
Qui sommes-nous ?
RiseSmart, une division de Randstad Professionals/Belgium s.a., dont le siège social est établi à l’Access Building, Avenue Charles Quint 586 (bte 8) à 1082 Bruxelles (ci-après dénommée « RS »), est le contrôleur des données à caractère personnel traitées (« contrôleur » au sens de la législation applicable en matière de protection des données).
RS fournit des services d’outplacement, des services de gestion de carrière, des services d’évaluation de compétences, ainsi que des services d’employabilité. Nous vous fournissons ces Services RS (ci-après dénommés « les Services »), ainsi qu’à nos Clients, tant en personne que via notre site Internet. Ces Services sont soumis à nos Conditions d’utilisation des Services et au présent Privacy Statement. Dans le cadre de nos Services, nous sommes susceptibles d’utiliser notre technologie RiseSmart.
Les Services englobent (a) le site Internet, (b) l’outplacement, les services de gestion de carrière, les services d’évaluation de compétences, ainsi que les services d’employabilité, la technologie RiseSmart qui y est associée et d’autres Services apparentés (y compris des services de gestion de fichiers et d’analyse), et (c) tous les logiciels, le matériel, les portails, les recommandations, les possibilités d’emploi, les données, les rapports, les textes, les images, l’audio, les vidéos, les analyses et autres contenus rendus disponibles via l’un des canaux précités. Toute nouvelle fonctionnalité ajoutée aux Services ou les élargissant est également soumise aux Conditions d’utilisation des Services et au présent Privacy Statement.
Informations techniques et cookies
RS utilise des cookies et autres statistiques web, afin de savoir comment les visiteurs utilisent son site Internet. Ces informations nous aident à améliorer le site. Un cookie est un fichier enregistré sur votre ordinateur. Lorsque vous retournez ultérieurement sur notre site Internet, ces cookies peuvent être reconnus. Vous trouverez plus d’informations dans notre Politique relative aux cookies.
Comme bon nombre d’autres sites Internet, notre site web collecte automatiquement certaines données relatives à ses utilisateurs, dont l’adresse de protocole Internet (IP) de votre ordinateur, l’adresse IP de votre fournisseur d’accès à Internet, la date et l’heure de connexion au site Internet, l’adresse Internet depuis laquelle vous avez été directement redirigé vers notre site Internet, le système de contrôle que vous utilisez, les sections du site Internet que vous visitez, les pages du site Internet que vous avez consultées et les informations que vous avez vues, des renseignements relatifs aux types d’appareils que vous avez utilisés pour surfer sur le site, votre emplacement géographique et le matériel que vous avez chargé sur ou téléchargé depuis le site Internet. Ces informations techniques sont utilisées pour la gestion du site Internet et pour le contrôleur de système, ainsi que pour améliorer le site Internet et son utilisation. Ces données techniques peuvent être transmises à des tierces parties et conservées en vue d’une utilisation ultérieure.
Le présent Privacy Statement s’applique uniquement aux Services. Les Services peuvent contenir des liens vers d’autres sites Internet non fournis ou gérés par RS. Les politiques et procédures décrites ici ne s’appliquent pas à ces autres sites Internet. Les liens depuis les Services n’impliquent pas notre accord avec ou notre consultation des autres sites Internet. Nous vous recommandons de contacter ces sites directement pour obtenir des informations au sujet de leurs politiques de protection des données.
Quand collectons-nous vos données à caractère personnel ?
Nous collectons vos données à partir du moment où vous saisissez ou laissez vos données sur notre site Internet, lorsque vous vous enregistrez en tant que participant/candidat auprès de RS ou lorsque vos données sont partagées avec nous par notre Client (votre employeur actuel ou précédent) dans le cadre de notre contrat avec ce Client relativement aux Services.
Pourquoi collectons-nous vos données à caractère personnel ?
Nous collectons et traitons vos données dans le cadre de la fourniture de nos Services pour vous et nos Clients.
Vos données à caractère personnel sont, en particulier, traitées dans le but de :
- vous fournir nos Services, y compris, mais sans s’y limiter, déterminer quelle assistance particulière vous attendez des Services ;
- vous établir des offres et/ou vous fournir des informations relatives aux Services et à d’autres activités, ainsi que pour pouvoir les adapter davantage à vos exigences et qualités. Ces services sont réalisés par nos collaborateurs et partiellement automatisés, et peuvent inclure la fourniture de possibilités d’emploi, de formation de recherche d’emploi, d’aide à la rédaction d’un CV et/ou d’autres Services d’aide ;
- promouvoir votre développement personnel et votre employabilité, y compris par la formation, le coaching et des tests ;
- évaluer votre compatibilité et votre disponibilité par rapport à des emplois permanents ou à durée déterminée ou pour une mission, auquel cas des résultats de tests, des questionnaires, des séances de conseil, des discussions, des vérifications de références, des échanges d’e-mails et d’autres canaux, etc. peuvent également être utilisés ;
- assister un Client via les Service lors d’un outplacement, de services de gestion de carrière et d’évaluation de compétences pour ses collaborateurs actuels et/ou antérieurs ;
- fixer une mission dans un contrat avec le Client et gérer le contrat et son application avec le Client ;
- vous contacter pour des offres commerciales, des bulletins d’information et des campagnes promotionnelles qui pourraient vous intéresser, uniquement si vous vous êtes enregistré à ces fins (opt-in) ;
- organiser des événements pour vous, uniquement si vous vous êtes enregistré à cette fin (opt-in) ;
- de les utiliser pour des finalités de gestion dont entre autres, la gestion des informations (statistiques,..), en vue d’assurer le contrôle interne et la sécurité de notre entreprise, l’exécution d’audits (internes/externes ) et d’analyse de données, la santé et la sécurité de nos collaborateurs
- atteindre des objectifs en termes de qualité, tels qu’une certification ;
- améliorer le contenu et le fonctionnement des Services, mieux comprendre les utilisateurs de RS et améliorer les Services ;
- demander des subsides, des primes, etc.
Quelles données à caractère personnel collectons-nous à votre sujet ?
Nous collectons et traitons les données à caractère personnel nécessaires pour nos Services. Certaines de ces données sont obligatoires pour vous permettre d’utiliser nos Services. D’autres données peuvent s’avérer utiles pour adapter davantage les Services à vos exigences et qualités, ou pour répondre plus spécifiquement aux demandes ou obligations du Client. Vous êtes personnellement responsable de l’exactitude et de la pertinence des données que vous transmettez à RS.
Les Clients de RS peuvent demander à RS d’aider leurs collaborateurs actuels et/ou antérieurs à chercher un emploi par le biais des Services (« Contrat de prestation de services »). Dans le cadre de ces Contrats, RS reçoit, de la part du Client, une liste de personnes entrant en ligne de compte pour les Services. Si vous entrez en considération, la liste établie par le Client peut reprendre votre nom, votre récent titre de fonction, votre adresse de domicile, votre numéro de téléphone, votre adresse e-mail, votre département ou business unit, ainsi que d’autres données à caractère personnel.
Lorsque vous vous enregistrez en tant que participant auprès de RS, vous nous transmettrez (des documents contenant) des données à caractère personnel, y compris les suivantes :
Lors de votre enregistrement et au cours des Services :
- nom et adresse détaillée, adresse e-mail, et autres informations de contact ;
- date de naissance, âge et sexe ;
- curriculum vitae (CV), récents titres de fonction, employeurs actuel et précédents, informations relatives à vos études et à vos formations, vos affectations, votre expérience professionnelle, vos aptitudes linguistiques, vos objectifs en termes d’emploi, vos attentes salariales, vos intérêts ;
- votre profil professionnel sur les médias sociaux et les profils pertinents de votre réseau ;
- des informations relatives aux formations et cours que vous avez suivis et/ou aux tests que vous avez passés, de votre propre initiative ou par notre intermédiaire ;
- des données relatives à vos disponibilités et congés ;
- d’autres données pouvant être importantes dans le cadre de l’évaluation de votre adéquation, telles que des références et certificats ;
- une photo d’identité et une vidéo (de présentation) - sur une base volontaire ;
- des informations relatives à vos progrès et au statut de votre recherche d’emploi ;
- des informations relatives à la satisfaction de vos clients et autre feed-back relatif à la recherche d’emploi et aux Services.
RS enregistre vos données à caractère personnel sensibles uniquement si cela s’avère nécessaire pour se conformer aux obligations légales, dans la mesure où vous avez donné votre accord, p. ex. si vous avez indiqué ces données dans votre CV ou profil, ou si c’est autrement autorisé par ou conforme à la loi. Les « données à caractère personnel sensibles » sont les données relatives à la race, à la religion, aux convictions, aux opinions politiques, à la santé, à l’orientation sexuelle, à l’affiliation à une organisation syndicale, au passé criminel d’une personne et/ou les données à caractère personnel relatives aux comportements illégaux ou au harcèlement.
Dans le cadre de votre compte web, que vous pourriez créer pour les Services, RS peut vous demander de créer un nom d’utilisateur unique, un mot de passe et une question de rappel, et d’utiliser ces informations de connexion pour accéder à votre compte. Vous acceptez de protéger la confidentialité de votre nom d’utilisateur, de votre mot de passe et de votre question de rappel. Si vous les dévoilez, vous serez entièrement responsable de toute utilisation, tout vol, toute altération, tout abus, toute divulgation ou toute autre perte de vos données à caractère personnel ou d’autres informations en découlant.
Données agrégées
Dans le cadre de ses efforts constants en vue de mieux comprendre et servir les utilisateurs de ses Services, RS réalise souvent des recherches au sujet de l’emplacement géographique, des intérêts, des résultats et du comportement de ses utilisateurs sur la base des données à caractère personnel et d’autres informations fournies à RS. Ces recherches et autres mesures ou analyses relatives au comportement, aux résultats ou aux examens des utilisateurs peuvent être compilées et analysées sur une base agrégée. De plus, RS peut partager ces données agrégées avec ses associés, ses agents et ses business partners. Ces informations agrégées ne vous identifient pas personnellement. RS peut également divulguer des statistiques d’utilisateurs agrégées dans le but de décrire les Services de RS à des business partners actuels et potentiels, ainsi qu’à d’autres tierces parties à d’autres fins légales.
Comment collectons-nous vos données ?
RS peut recevoir ou saisir toutes vos données à caractère personnel ou autres informations au format numérique, ainsi que par le biais d’interactions avec vous. RS peut combiner toutes les données à caractère personnel et autres informations de votre part ou à votre sujet dans un enregistrement de base de données.
Lorsque la technologie RiseSmart est utilisée, toutes les données à caractère personnel et autres informations de votre part ou à votre sujet peuvent être compilées dans une base de données à propriétaire unique et stockées sur des serveurs hébergés aux États-Unis ou dans d’autres pays. Le personnel RS ou le personnel responsable de la technologie RiseSmart peut accéder à votre compte en ligne, déterminer des besoins et actions, et si vous cherchez de l’emploi, poster des possibilités d’emploi sur votre compte depuis tout bureau, tout déplacement professionnel ou tout lieu de travail.
En vue de garantir l’exactitude actuelle de vos données à caractère personnel et autres informations contenues dans des fichiers, RS peut vous demander de vérifier un relevé de vos données à caractère personnel et autres informations de votre compte, le cas échéant, et d’en confirmer l’exactitude. RS entreprend des démarches raisonnables en vue de protéger les données à caractère personnel et autres informations fournies via les Services de toute perte, tout abus et tout accès illicite, toute divulgation, toute altération ou toute destruction. Toutefois, aucun transfert par Internet ou par e-mail n’est entièrement sécurisé et exempt d’erreur. Les transferts par e-mail et autres envoyés depuis les Services peuvent, en particulier, ne pas être sécurisés. Il vous revient, dès lors, de décider avec soin des informations que vous envoyez à RS par e-mail ou tout autre mode de transfert. Veuillez garder ces risques à l’esprit lorsque vous dévoilez des données à caractère personnel ou d’autres informations à RS par Internet.
Avec qui vos données à caractère personnel (participants, candidats) peuvent-elles être partagées ?
RS peut transmettre vos données à caractère personnel à d’autres entités RS, à ses Clients, à ses sous-traitants (p. ex. sociétés de traitement de données) qui réalisent des Services ou exécutent des missions pour son compte, ses fournisseurs, des autorités publiques et autres relations professionnelles, ainsi que dans tous les autres les cas où RS est tenue de les transmettre, p. ex. sur ordre ou décision d’un tribunal.
Les données à caractère personnel sont fournies sur la base d’un intérêt légitime, d’une obligation légale et/ou en vue d’exécuter le contrat conformément aux objectifs repris à la section « Pourquoi collectons-nous vos données à caractère personnel ? », dans la mesure nécessaire ou utile pour exécuter leur fonction spécifique.
RS peut utiliser la technologie RiseSmart pour soutenir les Services et enregistrer vos données à caractère personnel. La technologie RiseSmart est fournie par RiseSmart, Inc., notre entité RiseSmart basée aux États-Unis et soutenue par RiseSmart HR Services Pvt. Ltd. en Inde. De même, les Clients et d’autres entités Randstad et sous-traitants peuvent être établis hors de la Belgique. Vos données à caractère personnel peuvent, dès lors, être transférées hors de la Belgique. RS a pris les mesures nécessaires pour veiller à ce que vos données à caractère personnel transférées soient correctement protégées contre toute perte ou tout traitement illicite.
Dans le cadre du développement de ses activités, RS peut vendre ou acheter des activités ou actifs. En cas de vente, de fusion, de réorganisation, de dissolution d’entreprise ou autre événement similaire, les données à caractère personnel et autres informations peuvent faire partie des actifs transférés.
Combien de temps conservons-nous vos données à caractère personnel ?
Les périodes de rétention appliquées dépendent des termes statutaires applicables en matière de rétention des données.
Participants
Vos données d’affectation (CV, expérience professionnelle, formation, résultats de tests, etc.) sont disponibles durant 2 ans après le dernier contact. Nous vous enverrons des messages vous informant que vous êtes enregistré chez nous et que nous vous offrons nos Services un an après le dernier contact et deux ans après le dernier contact. Après écoulement du délai susindiqué, vos données seront finalement supprimées.
Si vous ne désirez plus utiliser nos Services, lorsque pertinent, comme autorisé par votre contrat avec le Client, vous pouvez vous désinscrire via votre personne de contact.
Données à caractère personnel des relations d’affaires
(Coordonnées de collaborateurs de clients, prospects, fournisseurs, consultants, références et toute autre organisation avec lesquels nous entretenons une relation professionnelle)
RS traite les données à caractère personnel des personnes pertinentes travaillant pour des entreprises avec lesquelles nous faisons des affaires dans le but (1) d’établir des offres pour et/ou de fournir des informations relatives à nos Services et autres activités, et (2) de demander et d’examiner des offres et informations pour des Services et produits pour RS et (3) d’entretenir une relation professionnelle et (4) d’établir et entretenir le contrat
Nous traitons les données à caractère personnel de nos relations d’affaires, en ce compris :
- les noms, coordonnées et positions des personnes de contact.
RS peut transmettre des données à caractère personnel obtenues de ses relations d’affaires si nécessaire pour réaliser les objectifs de la relation d’affaires ou à des fins de placement/de mission. Ces données peuvent être transmises à d’autres entités Randstad, à des postulants ou candidats, à des business partners et sous-traitants (p. ex. sociétés de traitement de données) qui fournissent des Services pour le compte de RS, ainsi que dans tous les autres les cas où RS est tenue de les transmettre, p. ex. sur ordre ou décision d’un tribunal. Les données à caractère personnel peuvent être transmises à d’autres pays. RS a pris les mesures nécessaires pour veiller à ce que toutes les données à caractère personnel soient correctement protégées contre toute perte ou tout traitement illicite.
Vos droits
Vous avez le droit d’accéder à et/ou de corriger vos données à caractère personnel.
Pour les participants, les collaborateurs et les relations d’affaires :
Si vous disposez de votre propre compte RiseSmart, vous pouvez accéder à une grande partie des données à caractère personnel enregistrées à votre sujet. Vous pouvez modifier bon nombre des données vous-même à tout moment, p. ex. en apportant des modifications à votre CV ou aux détails de votre compte.
Si vous souhaitez accéder à toutes vos données à caractère personnel et/ou corriger, modifier ou supprimer vos données que vous ne pouvez pas changer vous-même, veuillez contacter votre interlocuteur chez RS.
Pour les autres relations :
Vous avez le droit de consulter et de modifier vos enregistrements de données à caractère personnel. Vous pouvez, pour ce faire, contacter votre interlocuteur chez RS.
Sécurité
RS sécurisera et protégera vos données à caractère personnel de toute perte ou utilisation illicite. Pour ce faire, nous prenons des mesures de sécurité physiques, administratives, organisationnelles et techniques.
Par exemple : accès autorisé aux données uniquement. Si et dans la mesure où des données sont transmises à des sociétés de traitement de données fournissant des Services ou exécutant des missions pour son compte, RS a également convenu avec elles que ces sociétés de traitement sécuriseraient les données à caractère personnel le plus efficacement possible.
Contact, questions, observations, réclamations ou (suspicion de) fuites de données
Si vous avez des questions, observations ou réclamations au sujet de la protection de vos données à caractère personnel par RS, veuillez nous contacter par écrit ou par e-mail à l’adresse habituelle.
Nous entreprendrons les démarches raisonnables pour mettre à jour ou corriger les données à caractère personnel en notre possession que vous avez préalablement soumises via les Services. Veuillez utiliser votre compte pour veiller à ce que vos données à caractère personnel soient exactes, actuelles et complètes. En cas de problème ou de question au sujet de la présente Politique de respect de la vie privée ou au respect de la vie privée, vous pouvez contacter votre Privacy Officer chez RS à l’adresse suivante : information.security@randstadgroup.be.
En cas de (suspicion de) fuite de données, veuillez nous en informer immédiatement via l’adresse e-mail suivante : information.security@randstadgroup.be
Modifications
La présente version a été établie en mai 2017.
Pour différentes raisons, RS peut procéder à des modifications, des ajouts ou des corrections à la présente Politique de respect de la vie privée à tout moment. Veuillez consulter périodiquement la présente Politique de respect de la vie privée, en particulier avant de fournir des données à caractère personnel vous concernant. La dernière version de la Politique de respect de la vie privée peut être consultée à tout moment sur le site Internet de RS. La présente version a été établie en mai 2017.
Personal Data Protection Policy
Effective March 28th 2022
DownloadTable of Contents
RISESMART PERSONAL DATA PROTECTION POLICY FOR RISESMART FRANCE
When we process your personal data, we will use it in accordance with our Personal Data Protection Policy.
RiseSmart believes that respect for the privacy of its participants and applicants, as well as of other persons with whom it has relationships and of the visitors to its website, is of crucial importance. Therefore, your personal data will be processed and protected with the greatest care possible, in accordance with the requirements of applicable data protection laws.
1. Who are we?
RiseSmart is a tool developed by RiseSmart, whose principal office is located at 55 Almaden Boulevard, Suite 800, San Jose, CA 95113, United States of America (hereinafter “RiseSmart”), which is deployed and operated by RISESMART FRANCE, a French société par actions simplifiée (simplified limited company) with a sole shareholder, which has share capital of €7,296,000, which is registered under number 490 748 670 01271 with the Paris Trade and Companies Register, and which is a subsidiary of Groupe Randstad in France.
2. Data controller
The RiseSmart platform is deployed in connection with an assignment for which the Customer has appointed RISESMART FRANCE. Under the law, the co-data controllers are, respectively, the Customer’s legal representative and the legal representative of Groupe Randstad in France, of which RISESMART FRANCE, whose address is 39 rue Saint Lazare, 75009 [Paris], is a member, and for which the data controller is Mr Frank RIBUOT.
3. Purposes and legal basis for processing
We collect and process your data in connection with the RiseSmart Service furnished to you and our Customers.
We collect your data and process it only with your consent, to perform the Contract entered into by RISESMART FRANCE and its Customer. The information required to manage your file is preceded by an * (other information is optional and has no impact on the review of your file).
In particular, your personal data is processed for the following purposes:
to provide you with our Services, including, but not limited to, to determine what specific assistance you expect from the Services;
to make offers and/or to provide you with information about the Services and other activities, as well as to be able to adapt them more completely to your requirements and status. These services are performed by our employees and are partially automated, and they may include providing job possibilities, job hunting training, assistance in preparing a CV and/or any other assistance Services;
to promote your personal development and employability, including through training, coaching and tests;
to assess your compatibility and availability with respect to jobs on permanent or fixed-term employment contracts or an assignment, in which case the results of tests, questionnaires, advisory meetings, discussions, checking of references, e-mail exchanges and other channels, etc. may also be used;
to assist a Customer via the Services in connection with outplacement, career management services and skills assessments for its current and/or past employees;
to set an assignment in a contract with the Customer and to manage the contract and its implementation with the Customer;
to contact you for sales offers, information bulletins and promotional campaigns that may interest you, only if you have selected these options (opt-in);
to organise events for you, only if you have selected this option (opt-in);
to use it for management purposes, including information management (statistics, etc.), to perform internal controls and ensure the security of our company, to perform audits (internal/external), to analyse data, and to ensure the health and safety of our employees;
to meet quality objectives, for example in the case of a certification;
to improve the content and functioning of the Services, to better understand RS users and to improve the Services.
4. When do we collect your personal data?
We collect your data when you input or leave your data on the RiseSmart website, when you sign up as a participant/applicant with RiseSmart or when your data is shared with us by our Customer (your current or former employer) pursuant to our contract with that Customer for Services.
We also collect your browsing data when you visit our platform without registering, by using cookies.
5. What personal data do we collect about you?
We collect and process personal data necessary to perform this Service. Some of this data is required to enable you to use our Services. Other data may be of use to further adapt the Services to your requirements and status, or to more specifically respond to the Customer’s requests or obligations. You are personally responsible for the accuracy and pertinence of the data you provide to RiseSmart.
When you register as a participant with RISESMART FRANCE, you will provide us with personal data, including the information below. As stated above, only the fields marked with an asterisk are mandatory.
- name and detailed address, e-mail address and other contact information;
- date of birth, age and sex;
- curriculum vitae (CV), recent job titles, current and former employers, information about your studies and training, your appointments, your professional experience, your language skills, your employment objectives, your salary expectations and your interests;
- your professional profile on social media and the pertinent profiles of your network;
- information about training and classes you have taken and/or tests you have taken, on your own initiative or through us;
- information about your availability and resignation notice periods;
- other information that may be important for assessing your suitability, such as references and certificates;
- an identity photo and a presentation video - on a voluntary basis;
- information about your progress and the status of your job hunt;
- information about the satisfaction of your customers and other feedback in relation to the job hunt and the Services.
RISESMART FRANCE’s Customers may request that RISESMART FRANCE assist their current and/or past employees to look for employment by means of the Services (“Service Contract”). In connection with these Contracts, RISESMART FRANCE receives from the Customer a list of persons who are covered by the Services, with information about them. If you are included, the list the Customer prepares may contain your name, recent job title, home address, telephone number, e-mail address, department or unit and other personal data.
RISESMART FRANCE provides your personal data to RiseSmart solely for this purpose.
Customers may also directly register participants, using their data, on the RiseSmart platform, without RiseSmart or RISESMART FRANCE exercising any control over the data thus input.
For the purposes of your online account, which you can create for the Services, RiseSmart may request that you create a unique user name, password and a security question, and to use this login information to access your account. You agree to keep your user name, password and security question confidential. If you disclose them, you will be entirely responsible for any use, theft, alteration, abuse, disclosure or other loss of your personal data or other information derived therefrom.
By voluntarily providing your personal data to RiseSmart or by using the service (including in connection with a customer commitment of the company), you consent to RiseSmart using your personal data in accordance with the confidentiality policy. If you or the customer of the company provides personal data in connection with the Service, you acknowledge and accept that such personal data may be transferred from your or its current location to the offices and servers ofRiseSmart and authorised third parties mentioned herein, in the United States or other countries.
6. Technical information and cookies
RiseSmart uses cookies and other web statistics to learn how visitors use its website. Such information helps us to improve the site. A cookie is a file stored on your computer. When you return to our website at a later time, these cookies may be recognised.
You may at any time deactivate the use of cookies for the RiseSmart website by configuring your web browser. Such deactivation may alter the graphic display of the site, and will prevent RiseSmart from reusing, each time you log on, the browsing preferences you had previously indicated. Such deactivation may also prevent proper performance of certain functionalities of the Services.
Cookies in connection with the Services may be installed by RiseSmart or third party publishers. This policy applies only to cookies installed by RiseSmart.
We advise you to read our “Cookie Policy” for more specific informations.
As is the case for many other websites, our platform automatically collects certain information about its users, such as your computer’s internet protocol (IP) address, your internet access provider’s IP address, the date and time you logged onto the website, the internet address from which you were directly redirected to our website, the control system you use, the sections of the website you visit, the pages of the website you view, the information you review, information about the types of devices you have used to navigate on the site, your geographical location and the materials you have uploaded to or downloaded from the website. This technical information is used to manage the website and for the system controller, as well as improve the website and its use. This technical information may be transferred to third parties and stored for subsequent use.
This Personal Data Protection Policy applies solely to the service provided by the RiseSmart tool. The policies and procedures described herein do not apply to other websites. Links from the Services should not be construed as indicating our agreement with, or that we have viewed, such other websites. We recommend that you contact such sites directly to obtain information about their data protection policies.
7. Aggregated data
In connection with its constant efforts to understand and serve the users of its Services, RiseSmart often conducts searches of the geographical location, interests, results and behaviour of its users on the basis of personal data and other information provided to RiseSmart. These searches and other measures or analyses in relation to users’ behaviour, results or tests may be compiled and analysed on an aggregate basis. Moreover, RiseSmart may share this aggregated data with its associates, agents and partners. This aggregated information does not identify you personally. RiseSmartmay also disclose aggregated user statistics in order to describe RiseSmart’s Services to current or potential partners, as well as to other third parties for other legal purposes.
8. Recipients of your data
In connection with the Service, RiseSmart may collect, transfer and use your personal data and other information for the purpose of providing you with the Service, including, but not limited to, in order to determine what specific assistance you expect from the Service and, if you are looking for a job, in order to provide you with job leads, training in job hunting techniques, help in preparing a CV and/or other forms of assistance. RiseSmart may also use your personal data and other information
a) to identify and authenticate you, for example, when you access your Service account or communicate with RiseSmart’s staff,
or
(b) internally, to increase or adjust the activity of RiseSmart’s Service on your behalf, to report on the performance of the Service internally to RiseSmart’s management, to provide training and to manage RiseSmart’s activities in any other manner.
Moreover, if you provide personal data or other information for a particular reason, RiseSmart may use the personal data or other information in relation with the reason for which you provided it. For example, if you contact RiseSmart by e-mail, RiseSmart will use the personal data you provide to answer your question or resolve your problem.
RiseSmart may make available to corporate customers progress reports and other information that may identify you, and indicate your level of use of the Service, the extent of your use of the Service, your progress and your status with respect to job search stages, your customer satisfaction or any other comment about the Service, in each case, individually or in an aggregated manner (collectively, “Progress Data”). From time to time, RiseSmart may provide you with tools to enable you to adjust the progress data that RiseSmart is authorised to share with the company’s customer. If you have questions or concerns about the progress data RiseSmart may share with company’s customer, please contact the Data Protection Officer.
RISESMART FRANCE may transfer your personal data to other RISESMART FRANCE entities, its Customers, subcontractors (e.g. data processing companies) that provide Services or perform assignments on its behalf, suppliers, the public authorities and other parties with whom it has business relationships, as well as any other cases in which RISESMART FRANCE is required to transfer your data, e.g. pursuant to court order.
The RiseSmart technology is furnished by RiseSmart, Inc., which is based in the United States, and is supported byRiseSmart HR Services Pvt. Ltd. in India. Furthermore, Customers and other Randstad entities and subcontractors may be established outside France. Therefore, your personal data may be transferred outside France. Personal data transfers are governed by the European Commission’s Standard Contractual Clauses. Necessary measures will be taken to ensure that your personal data that is transferred will be properly protected against any loss or illicit processing.
In the course of developing its businesses, RISESMART FRANCE may sell or purchase business lines or assets. In the event of a sale, merger, reorganisation, corporate dissolution or other similar event, personal data and other information may be included in the assets transferred.
Like many other companies, RiseSmart at times uses the services of other companies to perform certain functions in connection with its business, including providing analyses. If RiseSmart hires another company to perform a function in its name, RiseSmart may provide it with your personal data and other information to the extent necessary or of use to enable it to perform its specific function under supervision and in a secure manner.
RISESMART FRANCE and RiseSmart undertake that this information will not be sold or distributed to other third parties and, in particular, RISESMART FRANCE and RiseSmart will not share your data with third parties for sales solicitation purposes.
9. management
RISESMART FRANCE and RiseSmart will receive or input all of your personal data and similar information in electronic format. RiseSmart will compile this information in a database that it owns, which it will store in the United States of America or a third-party country, in compliance with the law. To ensure the accuracy of the personal data, RISESMART FRANCE or RiseSmart may request that your verify it.
The staff of RISESMART FRANCE and RiseSmart may access your online account from any worksite, determine the needs to be met and the actions to be taken and, if you are looking for a job, provide you with pertinent employment opportunities.
RISESMART FRANCE and RiseSmart will take the measures necessary to protection your personal data from loss, misappropriation, unauthorised access, publication and destruction. However, no electronic means of communication is totally secure or immune from error. In particular, e-mails and other communications to or from the service may not be secure. Therefore, it is your responsibility to be prudent about the information you send to RiseSmart using these means of communication.
10. Limits of this policy
This Personal Data Protection Policy also applies to data that you disclose when you use the service, even if collecting such data is not required for proper use. However, such voluntary disclosure shall not impose any new obligation on RISESMART FRANCE or RiseSmart. RiseSmart has the right, if such data is not necessary for the use of the service, to delete it unilaterally, or to use it without restriction in the contrary case.
11. Data Protection Officer
You may contact RISESMART FRANCE’s Data Protection Officer by writing to the following address:
Groupe Randstad France
Correspondant Informatique et Libertés
276 avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276 avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
12. Rights concerning your data
In accordance with personal data protection laws, you have a right to access, correct, delete and transfer data about you, and to oppose or restrict the processing of your data. To exercise your rights, you may contact us, in all cases including a copy of an identity document, which is an indispensable requirement to process your request, by writing us at the following address:
Groupe Randstad France
Correspondant Informatique et Libertés
276 avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276 avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
You may at any time, and without having to state a reason, withdraw your consent to the processing of your personal data by Groupe Randstad in France.
You may also submit a complaint to the competent supervisory authority.
13. Storage period
In accordance with the law, your file may be kept for up to two years after your last contact.
14. Amendments
This version was drafted in December 2017.
For various reasons, RiseSmart may at any time amend, supplement or correct this Privacy Policy. You may review the Privacy Policy from time to time, in particular before providing personal data about you.
Effective April 18th 2019 to March 28th 2022
DownloadTable of Contents
RISESMART FRANCE PERSONAL DATA PROTECTION POLICY FOR HR CONSULTANCY PARTNERS
When we process your personal data, we will use it in accordance with our Personal Data Protection Policy.
RiseSmart believes that respect for the privacy of its participants and applicants, as well as of other persons with whom it has relationships and of the visitors to its website, is of crucial importance. Therefore, your personal data will be processed and protected with the greatest care possible, in accordance with the requirements of applicable data protection laws.
1. Who are we?
RiseSmart is a tool developed by RiseSmart, whose principal office is located at 55 Almaden Boulevard, Suite 800, San Jose, CA 95113, United States of America (hereinafter “RiseSmart”), which is deployed and operated by HR Consultancy Partners, a French société par actions simplifiée (simplified limited company) with a sole shareholder, which has share capital of €7,296,000, which is registered under number 490 748 670 01271 with the Paris Trade and Companies Register, and which is a subsidiary of Groupe Randstad in France (hereinafter “HRCP”).
2. Data controller
The RiseSmart platform is deployed in connection with an assignment for which the Customer has appointed HRCP. Under the law, the co-data controllers are, respectively, the Customer’s legal representative and the legal representative of Groupe Randstad in France, of which HR Consultancy Partners, whose address is 39 rue Saint Lazare, 75009 [Paris], is a member, and for which the data controller is Mr François Béharel.
3. Purposes and legal basis for processing
We collect and process your data in connection with the RiseSmart Service furnished to you and our Customers.
We collect your data and process it only with your consent, to perform the Contract entered into by HRCP and its Customer. The information required to manage your file is preceded by an * (other information is optional and has no impact on the review of your file).
In particular, your personal data is processed for the following purposes:
- to provide you with our Services, including, but not limited to, to determine what specific assistance you expect from the Services;
- to make offers and/or to provide you with information about the Services and other activities, as well as to be able to adapt them more completely to your requirements and status. These services are performed by our employees and are partially automated, and they may include providing job possibilities, job hunting training, assistance in preparing a CV and/or any other assistance Services;
- to promote your personal development and employability, including through training, coaching and tests;
- to assess your compatibility and availability with respect to jobs on permanent or fixed-term employment contracts or an assignment, in which case the results of tests, questionnaires, advisory meetings, discussions, checking of references, e-mail exchanges and other channels, etc. may also be used;
- to assist a Customer via the Services in connection with outplacement, career management services and skills assessments for its current and/or past employees;
- to set an assignment in a contract with the Customer and to manage the contract and its implementation with the Customer;
- to contact you for sales offers, information bulletins and promotional campaigns that may interest you, only if you have selected these options (opt-in);
- to organise events for you, only if you have selected this option (opt-in);
- to use it for management purposes, including information management (statistics, etc.), to perform internal controls and ensure the security of our company, to perform audits (internal/external), to analyse data, and to ensure the health and safety of our employees;
- to meet quality objectives, for example in the case of a certification;
- to improve the content and functioning of the Services, to better understand RS users and to improve the Services.
4. When do we collect your personal data?
We collect your data when you input or leave your data on the RiseSmart website, when you sign up as a participant/applicant with RiseSmart or when your data is shared with us by our Customer (your current or former employer) pursuant to our contract with that Customer for Services.
We also collect your browsing data when you visit our platform without registering, by using cookies.
5. What personal data do we collect about you?
We collect and process personal data necessary to perform this Service. Some of this data is required to enable you to use our Services. Other data may be of use to further adapt the Services to your requirements and status, or to more specifically respond to the Customer’s requests or obligations. You are personally responsible for the accuracy and pertinence of the data you provide to RiseSmart.
When you register as a participant with HRCP, you will provide us with personal data, including the information below. As stated above, only the fields marked with an asterisk are mandatory.
- name and detailed address, e-mail address and other contact information;
- date of birth, age and sex;
- curriculum vitae (CV), recent job titles, current and former employers, information about your studies and training, your appointments, your professional experience, your language skills, your employment objectives, your salary expectations and your interests;
- your professional profile on social media and the pertinent profiles of your network;
- information about training and classes you have taken and/or tests you have taken, on your own initiative or through us;
- information about your availability and resignation notice periods;
- other information that may be important for assessing your suitability, such as references and certificates;
- an identity photo and a presentation video - on a voluntary basis;
- information about your progress and the status of your job hunt;
- information about the satisfaction of your customers and other feedback in relation to the job hunt and the Services.
HRCP’s Customers may request that HRCP assist their current and/or past employees to look for employment by means of the Services (“Service Contract”). In connection with these Contracts, HRCP receives from the Customer a list of persons who are covered by the Services, with information about them. If you are included, the list the Customer prepares may contain your name, recent job title, home address, telephone number, e-mail address, department or unit and other personal data.
HRCP provides your personal data to RiseSmart solely for this purpose.
Customers may also directly register participants, using their data, on the RiseSmart platform, without RiseSmart orHRCP exercising any control over the data thus input.
For the purposes of your online account, which you can create for the Services, RiseSmart may request that you create a unique user name, password and a security question, and to use this login information to access your account. You agree to keep your user name, password and security question confidential. If you disclose them, you will be entirely responsible for any use, theft, alteration, abuse, disclosure or other loss of your personal data or other information derived therefrom.
By voluntarily providing your personal data to RiseSmart or by using the service (including in connection with a customer commitment of the company), you consent to RiseSmart using your personal data in accordance with the confidentiality policy. If you or the customer of the company provides personal data in connection with the Service, you acknowledge and accept that such personal data may be transferred from your or its current location to the offices and servers ofRiseSmart and authorised third parties mentioned herein, in the United States or other countries.
6. Technical information and cookies
RiseSmart uses cookies and other web statistics to learn how visitors use its website. Such information helps us to improve the site. A cookie is a file stored on your computer. When you return to our website at a later time, these cookies may be recognised.
You may at any time deactivate the use of cookies for the RiseSmart website by configuring your web browser. Such deactivation may alter the graphic display of the site, and will prevent RiseSmart from reusing, each time you log on, the browsing preferences you had previously indicated. Such deactivation may also prevent proper performance of certain functionalities of the Services.
Cookies in connection with the Services may be installed by RiseSmart or third party publishers. This policy applies only to cookies installed by RiseSmart.
We advise you to read our “Cookie Policy” for more specific informations.
As is the case for many other websites, our platform automatically collects certain information about its users, such as your computer’s internet protocol (IP) address, your internet access provider’s IP address, the date and time you logged onto the website, the internet address from which you were directly redirected to our website, the control system you use, the sections of the website you visit, the pages of the website you view, the information you review, information about the types of devices you have used to navigate on the site, your geographical location and the materials you have uploaded to or downloaded from the website. This technical information is used to manage the website and for the system controller, as well as improve the website and its use. This technical information may be transferred to third parties and stored for subsequent use.
This Personal Data Protection Policy applies solely to the service provided by the RiseSmart tool. The policies and procedures described herein do not apply to other websites. Links from the Services should not be construed as indicating our agreement with, or that we have viewed, such other websites. We recommend that you contact such sites directly to obtain information about their data protection policies.
7. Aggregated data
In connection with its constant efforts to understand and serve the users of its Services, RiseSmart often conducts searches of the geographical location, interests, results and behaviour of its users on the basis of personal data and other information provided to RiseSmart. These searches and other measures or analyses in relation to users’ behaviour, results or tests may be compiled and analysed on an aggregate basis. Moreover, RiseSmart may share this aggregated data with its associates, agents and partners. This aggregated information does not identify you personally. RiseSmartmay also disclose aggregated user statistics in order to describe RiseSmart’s Services to current or potential partners, as well as to other third parties for other legal purposes.
8. Recipients of your data
In connection with the Service, RiseSmart may collect, transfer and use your personal data and other information for the purpose of providing you with the Service, including, but not limited to, in order to determine what specific assistance you expect from the Service and, if you are looking for a job, in order to provide you with job leads, training in job hunting techniques, help in preparing a CV and/or other forms of assistance. RiseSmart may also use your personal data and other information
a) to identify and authenticate you, for example, when you access your Service account or communicate with RiseSmart’s staff,
or
(b) internally, to increase or adjust the activity of RiseSmart’s Service on your behalf, to report on the performance of the Service internally to RiseSmart’s management, to provide training and to manage RiseSmart’s activities in any other manner.
Moreover, if you provide personal data or other information for a particular reason, RiseSmart may use the personal data or other information in relation with the reason for which you provided it. For example, if you contact RiseSmart by e-mail, RiseSmart will use the personal data you provide to answer your question or resolve your problem.
RiseSmart may make available to corporate customers progress reports and other information that may identify you, and indicate your level of use of the Service, the extent of your use of the Service, your progress and your status with respect to job search stages, your customer satisfaction or any other comment about the Service, in each case, individually or in an aggregated manner (collectively, “Progress Data”). From time to time, RiseSmart may provide you with tools to enable you to adjust the progress data that RiseSmart is authorised to share with the company’s customer. If you have questions or concerns about the progress data RiseSmart may share with company’s customer, please contact the Data Protection Officer.
HRCP may transfer your personal data to other HRCP entities, its Customers, subcontractors (e.g. data processing companies) that provide Services or perform assignments on its behalf, suppliers, the public authorities and other parties with whom it has business relationships, as well as any other cases in which HRCP is required to transfer your data, e.g. pursuant to court order.
The RiseSmart technology is furnished by RiseSmart, Inc., which is based in the United States, and is supported byRiseSmart HR Services Pvt. Ltd. in India. Furthermore, Customers and other Randstad entities and subcontractors may be established outside France. Therefore, your personal data may be transferred outside France. Personal data transfers are governed by the European Commission’s Standard Contractual Clauses. Necessary measures will be taken to ensure that your personal data that is transferred will be properly protected against any loss or illicit processing.
In the course of developing its businesses, HRCP may sell or purchase business lines or assets. In the event of a sale, merger, reorganisation, corporate dissolution or other similar event, personal data and other information may be included in the assets transferred.
Like many other companies, RiseSmart at times uses the services of other companies to perform certain functions in connection with its business, including providing analyses. If RiseSmart hires another company to perform a function in its name, RiseSmart may provide it with your personal data and other information to the extent necessary or of use to enable it to perform its specific function under supervision and in a secure manner.
HRCP and RiseSmart undertake that this information will not be sold or distributed to other third parties and, in particular,HRCP and RiseSmart will not share your data with third parties for sales solicitation purposes.
9. management
HRCP and RiseSmart will receive or input all of your personal data and similar information in electronic format. RiseSmartwill compile this information in a database that it owns, which it will store in the United States of America or a third-party country, in compliance with the law. To ensure the accuracy of the personal data, HRCP or RiseSmart may request that your verify it.
The staff of HRCP and RiseSmart may access your online account from any worksite, determine the needs to be met and the actions to be taken and, if you are looking for a job, provide you with pertinent employment opportunities.
HRCP and RiseSmart will take the measures necessary to protection your personal data from loss, misappropriation, unauthorised access, publication and destruction. However, no electronic means of communication is totally secure or immune from error. In particular, e-mails and other communications to or from the service may not be secure. Therefore, it is your responsibility to be prudent about the information you send to RiseSmart using these means of communication.
10. Limits of this policy
This Personal Data Protection Policy also applies to data that you disclose when you use the service, even if collecting such data is not required for proper use. However, such voluntary disclosure shall not impose any new obligation onHRCP or RiseSmart. RiseSmart has the right, if such data is not necessary for the use of the service, to delete it unilaterally, or to use it without restriction in the contrary case.
11. Data Protection Officer
You may contact HRCP’s Data Protection Officer by writing to the following address:
Groupe Randstad France
Correspondant Informatique et Libertés
276 avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276 avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
12. Rights concerning your data
In accordance with personal data protection laws, you have a right to access, correct, delete and transfer data about you, and to oppose or restrict the processing of your data. To exercise your rights, you may contact us, in all cases including a copy of an identity document, which is an indispensable requirement to process your request, by writing us at the following address:
Groupe Randstad France
Correspondant Informatique et Libertés
276 avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276 avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
You may at any time, and without having to state a reason, withdraw your consent to the processing of your personal data by Groupe Randstad in France.
You may also submit a complaint to the competent supervisory authority.
13. Storage period
In accordance with the law, your file may be kept for up to two years after your last contact.
14. Amendments
This version was drafted in December 2017.
For various reasons, RiseSmart may at any time amend, supplement or correct this Privacy Policy. You may review the Privacy Policy from time to time, in particular before providing personal data about you.
Effective January 17th 2018 to April 18th 2019
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RISESMART FRANCE PERSONAL DATA PROTECTION POLICY FOR HR CONSULTANCY PARTNERS
When we process your personal data, we will use it in accordance with our Personal Data Protection Policy.
RiseSmart believes that respect for the privacy of its participants and applicants, as well as of other persons with whom it has relationships and of the visitors to its website, is of crucial importance. Therefore, your personal data will be processed and protected with the greatest care possible, in accordance with the requirements of applicable data protection laws.
Who are we?
RiseSmart is a tool developed by RiseSmart, whose principal office is located at 55 Almaden Boulevard, Suite 800, San Jose, CA 95113, United States of America (hereinafter “RiseSmart”), which is deployed and operated by HR Consultancy Partners, a French société par actions simplifiée (simplified limited company) with a sole shareholder, which has share capital of €7,296,000, which is registered under number 490 748 670 01172 with the Paris Trade and Companies Register, and which is a subsidiary of Groupe Randstad in France (hereinafter “HRCP”).
Data controller
The RiseSmart platform is deployed in connection with an assignment for which the Customer has appointed HRCP. Under the law, the co-data controllers are, respectively, the Customer’s legal representative and the legal representative of Groupe Randstad in France, of which HR Consultancy Partners, whose address is Viaduc des Arts, 11 rue Hector Malot, 75012 [Paris], is a member, and for which the data controller is Mr François Béharel.
Purposes and legal basis for processing
We collect and process your data in connection with the RiseSmart Service furnished to you and our Customers.
We collect your data and process it only with your consent, to perform the Contract entered into by HRCP and its Customer. The information required to manage your file is preceded by an * (other information is optional and has no impact on the review of your file).
In particular, your personal data is processed for the following purposes:
- to provide you with our Services, including, but not limited to, to determine what specific assistance you expect from the Services;
- to make offers and/or to provide you with information about the Services and other activities, as well as to be able to adapt them more completely to your requirements and status. These services are performed by our employees and are partially automated, and they may include providing job possibilities, job hunting training, assistance in preparing a CV and/or any other assistance Services;
- to promote your personal development and employability, including through training, coaching and tests;
- to assess your compatibility and availability with respect to jobs on permanent or fixed-term employment contracts or an assignment, in which case the results of tests, questionnaires, advisory meetings, discussions, checking of references, e-mail exchanges and other channels, etc. may also be used;
- to assist a Customer via the Services in connection with outplacement, career management services and skills assessments for its current and/or past employees;
- to set an assignment in a contract with the Customer and to manage the contract and its implementation with the Customer;
- to contact you for sales offers, information bulletins and promotional campaigns that may interest you, only if you have selected these options (opt-in);
- to organise events for you, only if you have selected this option (opt-in);
- to use it for management purposes, including information management (statistics, etc.), to perform internal controls and ensure the security of our company, to perform audits (internal/external), to analyse data, and to ensure the health and safety of our employees;
- to meet quality objectives, for example in the case of a certification;
- to improve the content and functioning of the Services, to better understand RS users and to improve the Services.
When do we collect your personal data?
We collect your data when you input or leave your data on the RiseSmart website, when you sign up as a participant/applicant with RiseSmart or when your data is shared with us by our Customer (your current or former employer) pursuant to our contract with that Customer for Services.
We also collect your browsing data when you visit our platform without registering, by using cookies.
What personal data do we collect about you?
We collect and process personal data necessary to perform this Service. Some of this data is required to enable you to use our Services. Other data may be of use to further adapt the Services to your requirements and status, or to more specifically respond to the Customer’s requests or obligations. You are personally responsible for the accuracy and pertinence of the data you provide to RiseSmart.
When you register as a participant with HRCP, you will provide us with personal data, including the information below. As stated above, only the fields marked with an asterisk are mandatory.
- name and detailed address, e-mail address and other contact information;
- date of birth, age and sex;
- curriculum vitae (CV), recent job titles, current and former employers, information about your studies and training, your appointments, your professional experience, your language skills, your employment objectives, your salary expectations and your interests;
- your professional profile on social media and the pertinent profiles of your network;
- information about training and classes you have taken and/or tests you have taken, on your own initiative or through us;
- information about your availability and resignation notice periods;
- other information that may be important for assessing your suitability, such as references and certificates;
- an identity photo and a presentation video - on a voluntary basis;
- information about your progress and the status of your job hunt;
- information about the satisfaction of your customers and other feedback in relation to the job hunt and the Services.
HRCP’s Customers may request that HRCP assist their current and/or past employees to look for employment by means of the Services (“Service Contract”). In connection with these Contracts, HRCP receives from the Customer a list of persons who are covered by the Services, with information about them. If you are included, the list the Customer prepares may contain your name, recent job title, home address, telephone number, e-mail address, department or unit and other personal data.
HRCP provides your personal data to RiseSmart solely for this purpose.
Customers may also directly register participants, using their data, on the RiseSmart platform, without RiseSmart or HRCP exercising any control over the data thus input.
For the purposes of your online account, which you can create for the Services, RiseSmart may request that you create a unique user name, password and a security question, and to use this login information to access your account. You agree to keep your user name, password and security question confidential. If you disclose them, you will be entirely responsible for any use, theft, alteration, abuse, disclosure or other loss of your personal data or other information derived therefrom.
By voluntarily providing your personal data to RiseSmart or by using the service (including in connection with a customer commitment of the company), you consent to RiseSmart using your personal data in accordance with the confidentiality policy. If you or the customer of the company provides personal data in connection with the Service, you acknowledge and accept that such personal data may be transferred from your or its current location to the offices and servers of RiseSmart and authorised third parties mentioned herein, in the United States or other countries.
Technical information and cookies
RiseSmart uses cookies and other web statistics to learn how visitors use its website. Such information helps us to improve the site. A cookie is a file stored on your computer. When you return to our website at a later time, these cookies may be recognised.
You may at any time deactivate the use of cookies for the RiseSmart website by configuring your web browser. Such deactivation may alter the graphic display of the site, and will prevent RiseSmart from reusing, each time you log on, the browsing preferences you had previously indicated. Such deactivation may also prevent proper performance of certain functionalities of the Services.
Cookies in connection with the Services may be installed by RiseSmart or third party publishers. This policy applies only to cookies installed by RiseSmart.
We advise you to read our “Cookie Policy” for more specific informations.
As is the case for many other websites, our platform automatically collects certain information about its users, such as your computer’s internet protocol (IP) address, your internet access provider’s IP address, the date and time you logged onto the website, the internet address from which you were directly redirected to our website, the control system you use, the sections of the website you visit, the pages of the website you view, the information you review, information about the types of devices you have used to navigate on the site, your geographical location and the materials you have uploaded to or downloaded from the website. This technical information is used to manage the website and for the system controller, as well as improve the website and its use. This technical information may be transferred to third parties and stored for subsequent use.
This Personal Data Protection Policy applies solely to the service provided by the RiseSmart tool. The policies and procedures described herein do not apply to other websites. Links from the Services should not be construed as indicating our agreement with, or that we have viewed, such other websites. We recommend that you contact such sites directly to obtain information about their data protection policies.
Aggregated data
In connection with its constant efforts to understand and serve the users of its Services, RiseSmart often conducts searches of the geographical location, interests, results and behaviour of its users on the basis of personal data and other information provided to RiseSmart. These searches and other measures or analyses in relation to users’ behaviour, results or tests may be compiled and analysed on an aggregate basis. Moreover, RiseSmart may share this aggregated data with its associates, agents and partners. This aggregated information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s Services to current or potential partners, as well as to other third parties for other legal purposes.
Recipients of your data
In connection with the Service, RiseSmart may collect, transfer and use your personal data and other information for the purpose of providing you with the Service, including, but not limited to, in order to determine what specific assistance you expect from the Service and, if you are looking for a job, in order to provide you with job leads, training in job hunting techniques, help in preparing a CV and/or other forms of assistance. RiseSmart may also use your personal data and other information (a) to identify and authenticate you, for example, when you access your Service account or communicate with RiseSmart’s staff, or (b) internally, to increase or adjust the activity of RiseSmart’s Service on your behalf, to report on the performance of the Service internally to RiseSmart’s management, to provide training and to manage RiseSmart’s activities in any other manner.
Moreover, if you provide personal data or other information for a particular reason, RiseSmart may use the personal data or other information in relation with the reason for which you provided it. For example, if you contact RiseSmart by e-mail, RiseSmart will use the personal data you provide to answer your question or resolve your problem.
RiseSmart may make available to corporate customers progress reports and other information that may identify you, and indicate your level of use of the Service, the extent of your use of the Service, your progress and your status with respect to job search stages, your customer satisfaction or any other comment about the Service, in each case, individually or in an aggregated manner (collectively, “Progress Data”). From time to time, RiseSmart may provide you with tools to enable you to adjust the progress data that RiseSmart is authorised to share with the company’s customer. If you have questions or concerns about the progress data RiseSmart may share with company’s customer, please contact the Data Protection Officer.
HRCP may transfer your personal data to other HRCP entities, its Customers, subcontractors (e.g. data processing companies) that provide Services or perform assignments on its behalf, suppliers, the public authorities and other parties with whom it has business relationships, as well as any other cases in which HRCP is required to transfer your data, e.g. pursuant to court order.
The RiseSmart technology is furnished by RiseSmart, Inc., which is based in the United States, and is supported by RiseSmart HR Services Pvt. Ltd. in India. Furthermore, Customers and other Randstad entities and subcontractors may be established outside France. Therefore, your personal data may be transferred outside France. Personal data transfers are governed by the European Commission’s Standard Contractual Clauses. Necessary measures will be taken to ensure that your personal data that is transferred will be properly protected against any loss or illicit processing.
In the course of developing its businesses, HRCP may sell or purchase business lines or assets. In the event of a sale, merger, reorganisation, corporate dissolution or other similar event, personal data and other information may be included in the assets transferred.
Like many other companies, RiseSmart at times uses the services of other companies to perform certain functions in connection with its business, including providing analyses. If RiseSmart hires another company to perform a function in its name, RiseSmart may provide it with your personal data and other information to the extent necessary or of use to enable it to perform its specific function under supervision and in a secure manner.
HRCP and RiseSmart undertake that this information will not be sold or distributed to other third parties and, in particular, HRCP and RiseSmart will not share your data with third parties for sales solicitation purposes.
Information management
HRCP and RiseSmart will receive or input all of your personal data and similar information in electronic format. RiseSmart will compile this information in a database that it owns, which it will store in the United States of America or a third-party country, in compliance with the law. To ensure the accuracy of the personal data, HRCP or RiseSmart may request that your verify it.
The staff of HRCP and RiseSmart may access your online account from any worksite, determine the needs to be met and the actions to be taken and, if you are looking for a job, provide you with pertinent employment opportunities.
HRCP and RiseSmart will take the measures necessary to protection your personal data from loss, misappropriation, unauthorised access, publication and destruction. However, no electronic means of communication is totally secure or immune from error. In particular, e-mails and other communications to or from the service may not be secure. Therefore, it is your responsibility to be prudent about the information you send to RiseSmart using these means of communication.
Limits of this policy
This Personal Data Protection Policy also applies to data that you disclose when you use the service, even if collecting such data is not required for proper use. However, such voluntary disclosure shall not impose any new obligation on HRCP or RiseSmart. RiseSmart has the right, if such data is not necessary for the use of the service, to delete it unilaterally, or to use it without restriction in the contrary case.
Data Protection Officer
You may contact HRCP’s Data Protection Officer by writing to the following address:
Groupe Randstad France
Correspondant Informatique et Libertés
276 avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276 avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Rights concerning your data
In accordance with personal data protection laws, you have a right to access, correct, delete and transfer data about you, and to oppose or restrict the processing of your data. To exercise your rights, you may contact us, in all cases including a copy of an identity document, which is an indispensable requirement to process your request, by writing us at the following address:
Groupe Randstad France
Correspondant Informatique et Libertés
276 avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
Correspondant Informatique et Libertés
276 avenue du Président Wilson
93211 Saint-Denis La Plaine Cedex
You may at any time, and without having to state a reason, withdraw your consent to the processing of your personal data by Groupe Randstad in France.
You may also submit a complaint to the competent supervisory authority.
Storage period
In accordance with the law, your file may be kept for up to two years after your last contact.
Amendments
This version was drafted in December 2017.
For various reasons, RiseSmart may at any time amend, supplement or correct this Privacy Policy. You may review the Privacy Policy from time to time, in particular before providing personal data about you.
Effective December 15th 2017 to January 17th 2018
DownloadTable of Contents
PRIVACY STATEMENT RISESMART
If we process your personal data, we will use this information in accordance with our Privacy Statement.
RiseSmart is convinced that the privacy of its participants and candidates and its other relations and visitors to the website is of essential importance. Personal details of you are therefore handled and secured with the greatest possible care, in accordance with the relevant requirements of the applicable data protection legislation.
Who we are ?
RiseSmart, division of Randstad Professionals/Belgium nv, with registered office at Access Building, Avenue Charles Quint, 586 (bte 8), 1082 Brussel (hereinafter referred to as: RS), is the controller of the personal data it processes (‘controller’ within the meaning of the applicable data protection legislation).
RS provides outplacement services, career management services, assessment & competence services and employability services. These RS services (hereinafter referred to as: the Service) we provide to you and our clients, both in person as well as through our website, and is subject to our Terms of Services (see the Site) and this Privacy Statement. For the Service we may make use of our RiseSmart Technology.
The Service includes (a) the website, (b) RS outplacement, career management services, assessment & competence services and employability services, related RiseSmart Technology and other related services (including file management and analytics services), and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to the Terms of Service and this Privacy Statement.
RS makes use of cookies and web statistics. We do this in order to see how visitors use our website. This information helps us to improve the site. A cookie is a file that is saved on your computer. On your next visit to our website, these cookies can be recognized. You can read more about this in our Cookie Statement.
Like many other websites, our website automatically collects certain data on the users of the website, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time of access to the website, the internet address from which you were directly linked through to our website, the control system that you use, the parts of the website that you visit, the pages of the website that you have visited and the information that you viewed, information on the types of appliance that you used for your visit to the site, your geographical location and the material that you send to or download from the website. This technical information is used for the management of the website and the system controller, and to improve the website and its use. These technical data may be passed on to third parties and may be stored for future use.
This Privacy Statement applies only to the Service. The Service may contain links to other websites not operated or controlled by RS. The policies and procedures we described here do not apply to these other websites. The links from the Service do not imply that we endorse or have reviewed the other websites. We suggest contacting those sites directly for information on their privacy policies.
When do we collect your personal data?
We collect your data from the moment at which you enter or leave your data on our website, when you register as a participant/candidate with RS or when your data is shared with us by a Company Client (your current or former employer) as part of our agreement with such Client Company in relation to the Service.
Why do we collect your personal data?
We collect and process your data for the performance of our Service to you and our (Company) Clients.
More specifically, your personal data are processed in order to be able to:
- provide our Service to you, including without limitation to determine what particular assistance you want from the Service
- make offers to you and/or to provide you with information on the Service and other activities and in order to be able to coordinate these more closely with your requirements and qualities. This is done by our employees and is partially automated and may include providing job leads, job search training, résumé-writing assistance and/or other assistance
- promote your personal development and employability, including training, education and tests
- assess your suitability and availability in connection with placement in permanent or fixed-term jobs or an assignment, in which case test results, questionnaires, counseling sessions, discussions, reference checks, exchange of email and other channels etc. may also be used
- assist a Company Client in outplacement, career management services and assessment competence services for its current and/or its former employees through the Service
- record an assignment in a contract with the client and to manage and comply the contract with the client
- contact you for commercial offers, newsletters and promotional campaigns that could be of interest to you, solely if you have registered for this (opt-in)
- organise events for you, solely if you have registered for this (opt-in)
- for management purposes including management information, organizing internal compliance and control, business security, occupational health & safety, performing audits and data analysis and general auditing
- quality objectives such as certification
- improve the content and functionality of the Service, better understand RS users and improve the Service
- apply for subsidies, premium discounts etc.
Which personal data do we collect on you?
We collect and process the personal data necessary for our Service; some of these data are mandatory in order for you to be able to use our Service. Additional data may be desirable in order to be able to match the Service more closely to your requirements and qualities or to meet more specific Company Client requests or obligations. You yourself are responsible for the accuracy and relevance of the data that you provide to RS.
Clients of RS (Company Clients) may engage RS to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, RS receives from the Company Client a list of persons eligible for the Service. If you are eligible, the Company Client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
When you register with RS as a Participant, you will share relevant (documents with) personal data with us, including the following:
On registration and in the course of the Service:
- name and address details, e-mail address and other contact information
- date of birth, age and gender
- curriculum vitae (CV), recent job titles, current and past employers, information on education and training, placements, work experience, language skills, employment objectives, compensation expectations, interests
- your professional social media profile and relevant profiles of your network
- information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us
- data on availability and leave
- other data that are or could be important in relation to the assessment of your suitability, such as references and certificates
- passport photograph and video (introduction) - on a voluntary basis
- information on your milestone progress and status in job searching
- information on your customer satisfaction or other feedback about the job search and the Service
RS records sensitive personal data only if this is necessary in order to comply with its legal obligations, in as far as consent has been granted, e.g. because you volunteered this data in your cv or profile, or if this is otherwise permitted by or pursuant to the law. ‘Sensitive personal data’ refers to details about a person's race, religion, convictions, political opinions, health, sexual life, trade union membership, criminal history and/or personal data regarding unlawful behavior or harassment.
For your personal web account that you may establish on the Service, RS may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Aggregated Data
In an ongoing effort to better understand and serve the users of the Service, RS often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RS. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RS may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RS may also disclose aggregated user statistics in order to describe RS’ services to current and prospective business partners, and to other third parties for other lawful purposes.
How do we collect your data
RS may receive or enter all of your Personal Data or other information in digital form as well as through our interactions with you. RS may combine all Personal Data and other information from or about you into a database record.
When RiseSmart Technology is being used, all Personal Data and other information from or about you may be combined into a single proprietary database record and may be stored on servers hosted in the United States or in other countries. RS’ personnel or personnel responsible for the RiseSmart Technology may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
In pursuit of current accuracy of your Personal Data and other information on file, RS may prompt and require you to review a summary of your Personal Data and other information in your account if available, and confirm or correct the information. RS takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RS via e-mail or any other transmission method. Please keep this in mind when disclosing any Personal Data or other information to RS via the Internet.
With whom may we share your personal data (participants, candidates)
RS may pass on your personal data to other RS entities, its Company Clients, clients, sub-contractors (e.g. data processors) who perform services or execute assignments on its behalf, suppliers, government agencies and other business relations and in all other cases in which we may be obliged to do so, for example by a court order or court decision.
Personal data are provided on the basis of a legitimate interest, legal obligation and/or to execute the contract in compliance with the objectives listed in “Why do we collect your personal data?”, to the extent necessary or useful for them to perform their specific function.
RS may make use of RiseSmart Technology to support the Service and to register your personal data. RiseSmart Technology is provided by RiseSmart, Inc. our RiseSmart entity in the US and supported by RiseSmart HR Services Pvt. Ltd. in India. Also Company Clients and other Randstad entities and sub-contractors may be located outside of Belgium. Your personal data may therefore be transferred outside Belgium.RS has taken the necessary measures to ensure that the personal data transferred are adequately protected against loss or unlawful processing.
As RS develops its business, RS might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
For how long do we retain your personal data?
The retention periods that we apply depend on the applicable statutory terms for retaining data.
Participants
Your placement data (CV, work experience, education, test results etc.) are available for 2 years after the last contact.
If you no longer wish to make use of our Service and, where relevant, this is allowed under your agreement with the Company Client, you can unsubscribe via your contact person.
(contact details of employees of clients, prospects, suppliers, consultants, referees and any other organization with which we maintain a business relationship)
RS processes the personal data of relevant persons working for companies with which we do business in order to (1) make offers for and/or provide information on our services and other activities, and (2) to request and review offers and information for services and products to RS and (3) maintain a business relationship and (4) contract and maintain an order agreement.
We process personal data of business relations, including:
- names, contact details and positions of contact persons.
RS may pass on personal data obtained from its business relations if this is necessary in order to realize the objectives of the business relation or for the purpose of placement/assignment. These data may be transferred to other Randstad entities, to applicants or candidates, business partners and subcontractors (e.g. data processors) who provide services on RS’ behalf, and in all other cases in which RS may be required to do so, for example by a court order or court decision. Personal data may be transferred to other countries. RS has taken the necessary measures to ensure that all personal data transferred are adequately protected against loss or unlawful processing.
Your rights
You have the right to access and/or correct your personal data.
For Participants, employees and business relations:
If you have your own account RiseSmart, you can access a large part of the personal data recorded about you. You can change a number of data yourself at any time, for example by making changes to your CV or your account details.
If you wish to access all personal data processed and/or to correct, change or delete your data that you cannot alter yourself, please contact your contact person at RS.
For other relations:
You have the right to view and change your personal data records. You can contact your contact person at RS for that purpose.
Security
RS will secure and protect your personal data against loss or unlawful use. We do this on the basis of physical, administrative, organizational and technical security measures.
For example: authorized access to the data only. If and in as far as data are provided to data processors that provide services or execute assignments on its behalf, RS has also agreed with them that they will secure personal data as effectively as possible.
Contact; Questions, comments, complaints or (suspected) data leaks
If you have any questions, comments or complaints about RS’ protection of your personal data, please contact us in writing or by e-mail at the usual address.
We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service. Please use your account to keep your Personal Data accurate, current and complete. In the event you have issues or questions related to this Privacy Statement or related privacy matters, you may contact RS’ privacy officer at the following address: information.security@randstadgroup.be.
In the case of a (suspected) data leak, please report this immediately via this e-mail address : information.security@randstadgroup.be
Changes
This version was drawn up in May 2017.
For various reasons, RS may make changes, additions or alterations to its Privacy Statement at any time. Please review this privacy statement periodically, and especially before you provide any Personal Data. The latest Privacy Statement can be viewed at any time on the RS website. This version was drawn up in May 2017.
Terms and Conditions
Effective March 28th 2022
DownloadTable of Contents
Legal Information
Publisher of the Site
RISESMART FRANCE
Legal Representative: Mr. Arnaud Cartier
A private limited liability company with a registered capital of 6 280 157 €, registered under the SIREN number 490 748 670 01271 RCS PARIS,
Heaquarter’s address 39 rue Saint Lazare – 75009 PARIS (France)
NAF 7022Z – VAT intra-community identification Number FR 04 490 748 670
Training Organisation Number: 11 75 53157 75
Phone number: +33 (0)1 53 38 26 61
Director of Publication
Mr. Arnaud Cartier
Host of the Site
Amazon Web Services, Inc.
Contact: Amazon.com Legal Department
Head office address P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
http://aws.amazon.com
Internet Site Design and Realization
RiseSmart
Legal Representative: VedPrakash Dubey
Tax EIN: 20-8536015
Share capital: USD 107,765,396.69
Head office Address: 55 Almaden Boulevard, Suite 800, San Jose, CA 95113 (USA)
Cookies
The Cookies Policy is referred in the Data protection policy.
TERMS & CONDITIONS
1. Acceptance of Term
This Site (as defined below) is provided by RISESMART FRANCE, whose head office is located 39 rue Saint Lazare, 75009 Paris.
By accepting this Terms of Service agreement (« TOS ») as defined below or by accessing or using the Service or one (or more) of the sites respectively located at https://apps.risesmart.fr (Spotlight) and https://insight.risesmart.fr/hrportal (Insight) (hereinafter referred to collectively as the “Site”), you acknowledge that you have read, understood, and irrevocably agreed to be bound by this TOS. RISESMART FRANCE may change this TOS from time to time without prior notice. When using the Site, it is your responsibility to refer to the latest version of TOS, as they are available on the Site. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
RISESMART FRANCE provides outplacement, career management and evaluation services. The “Service” includes (a) the Site, (b) RISESMART FRANCE’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS and the RISESMART FRANCE’s privacy policy, and DPA.
3. General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RISESMART FRANCE.
You shall not
(a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party;
(b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components,
(c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or
(d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RISESMART FRANCE provides you or publishes in connection with the Service, and you shall promptly notify RISESMART FRANCE if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RISESMART FRANCE’s privacy policy.
3.2 Any software that may be made available by RISESMART FRANCE in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RISESMART FRANCE hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by RISESMART FRANCE for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RISESMART FRANCE or any third party is granted to you in connection with the Service.
3.3. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RISESMART FRANCE reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RISESMART FRANCE a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RISESMART FRANCE has the right, but not the obligation, to monitor the Service, Content, or Your Content. RISESMART FRANCE does not screen or monitor any of Your Content. You further agree that RISESMART FRANCE may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve:
(a) transmissions over various networks,
(b) changes to conform and adapt to technical requirements of connecting networks or devices,
(c) transmission to RISESMART FRANCE’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and
(d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RISESMART FRANCE will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RISESMART FRANCE to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
3.7 You acknowledge that this TOS is a contract between you and RISESMART FRANCE, even though it is electronic and is not physically signed by you and RISESMART FRANCE, and it governs your use of the Service and takes the place of any prior agreements between you and RISESMART FRANCE. You acknowledge that a company client of RISESMART FRANCE may engage RISESMART FRANCE to assist its current and/or former employees’ search for employment through the Service (“hereinafter Company Client Engagement”).
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 If you are using the Service under a Company Client Engagement, you authorize RISESMART FRANCE to make available to the Customer, including but not limited to, progress reports and other information that identifies you and indicates your level of use of the Service, scope of your use of the Service, your level of advancement and status in your job search, your level of service satisfaction, either individually or statistically. Please read RISESMART FRANCE’s privacy policy for more information on collecting, using and publishing of your data under the Company Client Engagement.
3.10 You agree that RISESMART FRANCE
(a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf,
(b) RISESMART FRANCE has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and
(c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(i) comply with legal process, applicable laws or government requests;
(ii) enforce this TOS;
(iii) respond to claims that any Content violates the rights of third parties; or
(iv) protect the rights, property, or personal safety of RISESMART FRANCE, its users and the public.
4. Representations and Warranties.
In connection with your use, you agree NOT to realize the following acts: to violate applicable laws and regulations and, including, but not limited to, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RISESMART FRANCE, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RISESMART FRANCE's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
5. Termination.
5.1 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement.
5.2 RISESMART FRANCE reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RISESMART FRANCE believes that you have violated this TOS.
5.3 RISESMART FRANCE shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RISESMART FRANCE will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RISESMART FRANCE.
5.4 All of Your Content on the Service (if any) may be permanently deleted by RISESMART FRANCE upon any termination of your account in its sole discretion without entitlement to compensation.
6. Disclaimers
6.1 THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2 YOU ACKNOWLEDGE THAT RISESMART FRANCE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART FRANCE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
6.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART FRANCE MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART FRANCE DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
6.4 Under no circumstances will RISESMART FRANCE be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content
7. Limitation of liability
RISESMART FRANCE is only bound by an obligation of means and cannot, under any circumstances, be held liable for consequential damages. Indirect losses are considered as losses of turnover, margins, profits, customers, exploitation, acts of third parties, loss of data etc. The responsibility of RISESMART FRANCE can only be committed in case of direct damage duly proven without being able to exceed the total amount of subscription fees that you paid the six (6) months preceding the event giving right to your request, or if no Subscription fee does not apply, an amount of one hundred (100) euros. This limitation of liability is an essential condition of these TOS and the determinant of the consent of RISESMART FRANCE.
8. Indemnification
You shall defend, indemnify, and hold harmless RISESMART FRANCE from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RISESMART FRANCE shall provide notice to you of any such claim, suit or demand. RISESMART FRANCE reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RISESMART FRANCE’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RISESMART FRANCE from or against any claims, actions or demands resulting from any action or inaction of RISESMART FRANCE.
9. Assignment.
You may not assign this TOS without the prior written consent of RISESMART FRANCE, but RISESMART FRANCE may assign or transfer this TOS, in whole or in part, without restriction.
10. Governing Law and Competent Jurisdiction
This TOS shall be governed by the French law. This is so for the substantive rules as for the rules of form. If a dispute arises over the interpretation, execution or termination of the TOS, you will endeavor to resolve it amicably with RISESMART FRANCE prior to any legal action. In case of persistent dispute, it would be brought before the Commercial Court of Paris notwithstanding plurality of defendants or warranty claim. This competence also applies in matters of interim relief.
11. DMCA
11.1 As an exception to article 10 of the TOS relating to the application of French law, the remedy provided by the 1998 Digital Millenium Copyright Act (the "DMCA") as described below also applies in the context of the execution of the TOS. Therefore, the possibility of appeal from the DMCA does not preclude the application of other remedies provided by French law.
11.2 The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RISESMART FRANCE (and / or any other company belonging to the same group as RISESMART FRANCE) will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent (RiseSmart belonging to the same group as RISESMART FRANCE) at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
12. Apple-Enabled Software Applications
12.1 RISESMART FRANCE offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS.
12.2 RISESMART FRANCE and you acknowledge that this TOS are concluded between RISESMART FRANCE and you only, and not with Apple, and that as between RISESMART FRANCE and Apple, RISESMART FRANCE, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
12.3 You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
13. Governing language
This Agreement was drafted in French and translated in English. In case of litigation, the French version prevails on the English version.
Effective April 18th 2019 to March 28th 2022
DownloadTable of Contents
Legal Information
Publisher of the Site
HR consultancy partners
Legal Representative: Mr. Arnaud Cartier
A private limited liability company with a registered capital of 7 296 000 €, registered under the SIREN number 490 748 670 01271 RCS PARIS,
Heaquarter’s address 39 rue Saint Lazare – 75009 PARIS (France)
NAF 7022Z – VAT intra-community identification Number FR 04 490 748 670
Training Organisation Number: 11 75 53157 75
Phone number: +33 (0)1 53 38 26 61
Director of Publication
Mr. Arnaud Cartier
Host of the Site
Amazon Web Services, Inc.
Contact: Amazon.com Legal Department
Head office address P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
http://aws.amazon.com
Internet Site Design and Realization
RiseSmart
Legal Representative: VedPrakash Dubey
Tax EIN: 20-8536015
Share capital: USD 107,765,396.69
Head office Address: 55 Almaden Boulevard, Suite 800, San Jose, CA 95113 (USA)
Cookies
The Cookies Policy is referred in the Data protection policy.
TERMS & CONDITIONS
1. Acceptance of Term
This Site (as defined below) is provided by HR Consultancy Partners (hereafter designated HRCP), whose head office is located 39 rue Saint Lazare, 75009 Paris.
By accepting this Terms of Service agreement (« TOS ») as defined below or by accessing or using the Service or one (or more) of the sites respectively located at https://apps.risesmart.fr (Spotlight) and https://insight.risesmart.fr/hrportal (Insight) (hereinafter referred to collectively as the “Site”), you acknowledge that you have read, understood, and irrevocably agreed to be bound by this TOS. HRCP may change this TOS from time to time without prior notice. When using the Site, it is your responsibility to refer to the latest version of TOS, as they are available on the Site. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
HRCP provides outplacement, career management and evaluation services. The “Service” includes (a) the Site, (b) HRCP’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS and the HRCP’s privacy policy, and DPA.
3. General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to HRCP.
You shall not
(a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party;
(b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components,
(c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or
(d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices HRCP provides you or publishes in connection with the Service, and you shall promptly notify HRCP if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, HRCP’s privacy policy.
3.2 Any software that may be made available by HRCP in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, HRCP hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by HRCP for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of HRCP or any third party is granted to you in connection with the Service.
3.3. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. HRCP reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant HRCP a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. HRCP has the right, but not the obligation, to monitor the Service, Content, or Your Content. HRCP does not screen or monitor any of Your Content. You further agree that HRCP may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve:
(a) transmissions over various networks,
(b) changes to conform and adapt to technical requirements of connecting networks or devices,
(c) transmission to HRCP’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and
(d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. HRCP will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of HRCP to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
3.7 You acknowledge that this TOS is a contract between you and HRCP, even though it is electronic and is not physically signed by you and HRCP, and it governs your use of the Service and takes the place of any prior agreements between you and HRCP. You acknowledge that a company client of HRCP may engage HRCP to assist its current and/or former employees’ search for employment through the Service (“hereinafter Company Client Engagement”).
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 If you are using the Service under a Company Client Engagement, you authorize HRCP to make available to the Customer, including but not limited to, progress reports and other information that identifies you and indicates your level of use of the Service, scope of your use of the Service, your level of advancement and status in your job search, your level of service satisfaction, either individually or statistically. Please read HRCP’s privacy policy for more information on collecting, using and publishing of your data under the Company Client Engagement.
3.10 You agree that HRCP
(a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf,
(b) HRCP has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and
(c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(i) comply with legal process, applicable laws or government requests;
(ii) enforce this TOS;
(iii) respond to claims that any Content violates the rights of third parties; or
(iv) protect the rights, property, or personal safety of HRCP, its users and the public.
4. Representations and Warranties.
In connection with your use, you agree NOT to realize the following acts: to violate applicable laws and regulations and, including, but not limited to, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by HRCP, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without HRCP's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
5. Termination.
5.1 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement.
5.2 HRCP reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if HRCP believes that you have violated this TOS.
5.3 HRCP shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. HRCP will use good faith efforts to contact you to warn you prior to suspension or termination of your account by HRCP.
5.4 All of Your Content on the Service (if any) may be permanently deleted by HRCP upon any termination of your account in its sole discretion without entitlement to compensation.
6. Disclaimers
6.1 THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2 YOU ACKNOWLEDGE THAT HRCP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM HRCP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
6.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT HRCP MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) HRCP DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
6.4 Under no circumstances will HRCP be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content
7. Limitation of liability
HRCP is only bound by an obligation of means and cannot, under any circumstances, be held liable for consequential damages. Indirect losses are considered as losses of turnover, margins, profits, customers, exploitation, acts of third parties, loss of data etc. The responsibility of HRCP can only be committed in case of direct damage duly proven without being able to exceed the total amount of subscription fees that you paid the six (6) months preceding the event giving right to your request, or if no Subscription fee does not apply, an amount of one hundred (100) euros. This limitation of liability is an essential condition of these TOS and the determinant of the consent of HRCP.
8. Indemnification
You shall defend, indemnify, and hold harmless HRCP from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. HRCP shall provide notice to you of any such claim, suit or demand. HRCP reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting HRCP’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any HRCP from or against any claims, actions or demands resulting from any action or inaction of HRCP.
9. Assignment.
You may not assign this TOS without the prior written consent of HRCP, but HRCP may assign or transfer this TOS, in whole or in part, without restriction.
10. Governing Law and Competent Jurisdiction
This TOS shall be governed by the French law. This is so for the substantive rules as for the rules of form. If a dispute arises over the interpretation, execution or termination of the TOS, you will endeavor to resolve it amicably with HRCP prior to any legal action. In case of persistent dispute, it would be brought before the Commercial Court of Paris notwithstanding plurality of defendants or warranty claim. This competence also applies in matters of interim relief.
11. DMCA
11.1 As an exception to article 10 of the TOS relating to the application of French law, the remedy provided by the 1998 Digital Millenium Copyright Act (the "DMCA") as described below also applies in the context of the execution of the TOS. Therefore, the possibility of appeal from the DMCA does not preclude the application of other remedies provided by French law.
11.2 The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. HRCP (and / or any other company belonging to the same group as HRCP) will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent (RiseSmart belonging to the same group as HRCP) at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
12. Apple-Enabled Software Applications
12.1 HRCP offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS.
12.2 HRCP and you acknowledge that this TOS are concluded between HRCP and you only, and not with Apple, and that as between HRCP and Apple, HRCP, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
12.3 You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
13. Governing language
This Agreement was drafted in French and translated in English. In case of litigation, the French version prevails on the English version.
Effective February 5th 2018 to April 18th 2019
DownloadTable of Contents
Legal Information
Publisher of the Site
HR consultancy partners
Legal Representative: Mr. Mickaël Hoffman-Hervé
A private limited liability company with a registered capital of 7 296 000 €, registered under the SIREN number 490 748 670 01172 RCS PARIS,
Heaquarter’s address 11 rue Hector Malot – 75012 PARIS (France)
NAF 7022Z – VAT intra-community identification Number FR 04 490 748 670
Training Organisation Number: 11 75 53157 75
Phone number: +33 (0)1 43 42 44 40
Director of Publication
Mr. Mickaël Hoffman-Hervé
Host of the Site
Amazon Web Services, Inc.
Contact: Amazon.com Legal Department
Head office address P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
http://aws.amazon.com
Internet Site Design and Realization
RiseSmart
Legal Representative: VedPrakash Dubey
Tax EIN: 20-8536015
Share capital: USD 107,765,396.69
Head office Address: 55 Almaden Boulevard, Suite 800, San Jose, CA 95113 (USA)
Cookies
The Cookies Policy is referred in the Data protection policy.
TERMS & CONDITIONS
- Acceptance of Term
This Site (as defined below) is provided by HR Consultancy Partners (hereafter designated HRCP), whose head office is located 11 rue Hector Malot, 75012 Paris.
By accepting this Terms of Service agreement (« TOS ») as defined below or by accessing or using the Service or one (or more) of the sites respectively located at https://apps.risesmart.fr (Spotlight) and https://insight.risesmart.fr/hrportal (Insight) (hereinafter referred to collectively as the “Site”), you acknowledge that you have read, understood, and irrevocably agreed to be bound by this TOS. HRCP may change this TOS from time to time without prior notice. When using the Site, it is your responsibility to refer to the latest version of TOS, as they are available on the Site. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
HRCP provides outplacement, career management and evaluation services. The “Service” includes (a) the Site, (b) HRCP’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS and the HRCP’s privacy policy, and DPA.
3. General Conditions/ Access and Use of the Service.
3.1	Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to HRCP.
You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices HRCP provides you or publishes in connection with the Service, and you shall promptly notify HRCP if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, HRCP’s privacy policy.
3.2	Any software that may be made available by HRCP in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, HRCP hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by HRCP for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of HRCP or any third party is granted to you in connection with the Service.
3.3.	You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. HRCP reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant HRCP a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. HRCP has the right, but not the obligation, to monitor the Service, Content, or Your Content. HRCP does not screen or monitor any of Your Content. You further agree that HRCP may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4	You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to HRCP’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. HRCP will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5	If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6	The failure of HRCP to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
3.7	You acknowledge that this TOS is a contract between you and HRCP, even though it is electronic and is not physically signed by you and HRCP, and it governs your use of the Service and takes the place of any prior agreements between you and HRCP. You acknowledge that a company client of HRCP may engage HRCP to assist its current and/or former employees’ search for employment through the Service (“hereinafter Company Client Engagement”).
3.8	If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9	If you are using the Service under a Company Client Engagement, you authorize HRCP to make available to the Customer, including but not limited to, progress reports and other information that identifies you and indicates your level of use of the Service, scope of your use of the Service, your level of advancement and status in your job search, your level of service satisfaction, either individually or statistically. Please read HRCP’s privacy policy for more information on collecting, using and publishing of your data under the Company Client Engagement.
3.10	You agree that HRCP(a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) HRCP has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of HRCP, its users and the public.
4. Representations and Warranties.
In connection with your use, you agree NOT to realize the following acts: to violate applicable laws and regulations and, including, but not limited to, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by HRCP, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without HRCP's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
5. Termination.
5.1	If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement.
5.2	HRCP reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if HRCP believes that you have violated this TOS.
5.3	HRCP shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. HRCP will use good faith efforts to contact you to warn you prior to suspension or termination of your account by HRCP.
5.4 All of Your Content on the Service (if any) may be permanently deleted by HRCP upon any termination of your account in its sole discretion without entitlement to compensation.
6. Disclaimers
6.1	THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2	YOU ACKNOWLEDGE THAT HRCP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM HRCP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
6.3	WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT HRCP MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) HRCP DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
6.4	Under no circumstances will HRCP be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content
7. Limitation of liability
HRCP is only bound by an obligation of means and cannot, under any circumstances, be held liable for consequential damages. Indirect losses are considered as losses of turnover, margins, profits, customers, exploitation, acts of third parties, loss of data etc. The responsibility of HRCP can only be committed in case of direct damage duly proven without being able to exceed the total amount of subscription fees that you paid the six (6) months preceding the event giving right to your request, or if no Subscription fee does not apply, an amount of one hundred (100) euros. This limitation of liability is an essential condition of these TOS and the determinant of the consent of HRCP.
8. Indemnification
You shall defend, indemnify, and hold harmless HRCP from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. HRCP shall provide notice to you of any such claim, suit or demand. HRCP reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting HRCP’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any HRCP from or against any claims, actions or demands resulting from any action or inaction of HRCP.
9. Assignment.
You may not assign this TOS without the prior written consent of HRCP, but HRCP may assign or transfer this TOS, in whole or in part, without restriction.
10. Governing Law and Competent Jurisdiction
This TOS shall be governed by the French law. This is so for the substantive rules as for the rules of form. If a dispute arises over the interpretation, execution or termination of the TOS, you will endeavor to resolve it amicably with HRCP prior to any legal action. In case of persistent dispute, it would be brought before the Commercial Court of Paris notwithstanding plurality of defendants or warranty claim. This competence also applies in matters of interim relief.
11. DMCA
11.1	As an exception to article 10 of the TOS relating to the application of French law, the remedy provided by the 1998 Digital Millenium Copyright Act (the "DMCA") as described below also applies in the context of the execution of the TOS. Therefore, the possibility of appeal from the DMCA does not preclude the application of other remedies provided by French law.
11.2	The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. HRCP (and / or any other company belonging to the same group as HRCP) will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent (RiseSmart belonging to the same group as HRCP) at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
12. Apple-Enabled Software Applications
12.1	HRCP offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS.
12.2	HRCP and you acknowledge that this TOS are concluded between HRCP and you only, and not with Apple, and that as between HRCP and Apple, HRCP, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
12.3	You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
13. Governing language
This Agreement was drafted in French and translated in English. In case of litigation, the French version prevails on the English version.
Effective January 17th 2018 to February 5th 2018
DownloadTable of Contents
Legal Information
Publisher of the Site
HR consultancy partners
Legal Representative: Mr. Mickaël Hoffman-Hervé
A private limited liability company with a registered capital of 7 296 000 €, registered under the SIREN number 490 748 670 01172 RCS PARIS,
Heaquarter’s address 11 rue Hector Malot – 75012 PARIS (France)
NAF 7022Z – VAT intra-community identification Number FR 04 490 748 670
Training Organisation Number: 11 75 53157 75
Phone number: +33 (0)1 43 42 44 40
Director of Publication
Mr. Mickaël Hoffman-Hervé
Host of the Site
Amazon Web Services, Inc.
Contact: Amazon.com Legal Department
Head office address P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
http://aws.amazon.com
Internet Site Design and Realization
RiseSmart
Legal Representative: VedPrakash Dubey
Tax EIN: 20-8536015
Share capital: USD 107,765,396.69
Head office Address: 55 Almaden Boulevard, Suite 800, San Jose, CA 95113 (USA)
Cookies
The Cookies Policy is referred in the Data protection policy.
TERMS & CONDITIONS
- Acceptance of Terms
This Site (as defined below) is provided by HR Consultancy Partners (hereafter designated HRCP), whose head office is located 11 rue Hector Malot, 75012 Paris.
By accepting this Terms of Service agreement (« TOS ») as defined below or by accessing or using the Service or one (or more) of the sites respectively located at https://apps.risesmart.fr (Spotlight) and https://insight.risesmart.fr/hrportal (Insight) (hereinafter referred to collectively as the “Site”), you acknowledge that you have read, understood, and irrevocably agreed to be bound by this TOS. HRCP may change this TOS from time to time without prior notice. When using the Site, it is your responsibility to refer to the latest version of TOS, as they are available on the Site. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
- Description of Service.
HRCP provides outplacement, career management and evaluation services. The “Service” includes (a) the Site, (b) HRCP’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS and the HRCP’s privacy policy, and DPA.
- General Conditions/ Access and Use of the Service.
3.1	Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to HRCP.
You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices HRCP provides you or publishes in connection with the Service, and you shall promptly notify HRCP if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, HRCP’s privacy policy.
3.2	Any software that may be made available by HRCP in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, HRCP hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by HRCP for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of HRCP or any third party is granted to you in connection with the Service.
3.3.	You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. HRCP reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant HRCP a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. HRCP has the right, but not the obligation, to monitor the Service, Content, or Your Content. HRCP does not screen or monitor any of Your Content. You further agree that HRCP may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4	You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to HRCP’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. HRCP will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5	If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6	The failure of HRCP to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
3.7	You acknowledge that this TOS is a contract between you and HRCP, even though it is electronic and is not physically signed by you and HRCP, and it governs your use of the Service and takes the place of any prior agreements between you and HRCP. You acknowledge that a company client of HRCP may engage HRCP to assist its current and/or former employees’ search for employment through the Service (“hereinafter Company Client Engagement”).
3.8	If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9	If you are using the Service under a Company Client Engagement, you authorize HRCP to make available to the Customer, including but not limited to, progress reports and other information that identifies you and indicates your level of use of the Service, scope of your use of the Service, your level of advancement and status in your job search, your level of service satisfaction, either individually or statistically. Please read HRCP’s privacy policy for more information on collecting, using and publishing of your data under the Company Client Engagement.
3.10	You agree that HRCP(a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) HRCP has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of HRCP, its users and the public.
- Representations and Warranties.
In connection with your use, you agree NOT to realize the following acts: to violate applicable laws and regulations and, including, but not limited to, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by HRCP, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without HRCP's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
- Termination.
5.1	If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement.
5.2	HRCP reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if HRCP believes that you have violated this TOS.
5.3	HRCP shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. HRCP will use good faith efforts to contact you to warn you prior to suspension or termination of your account by HRCP.
5.4 All of Your Content on the Service (if any) may be permanently deleted by HRCP upon any termination of your account in its sole discretion without entitlement to compensation.
- Disclaimers
6.1	THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2	YOU ACKNOWLEDGE THAT HRCP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM HRCP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
6.3	WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT HRCP MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) HRCP DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
6.4	Under no circumstances will HRCP be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content
- Limitation of liability
HRCP is only bound by an obligation of means and cannot, under any circumstances, be held liable for consequential damages. Indirect losses are considered as losses of turnover, margins, profits, customers, exploitation, acts of third parties, loss of data etc. The responsibility of HRCP can only be committed in case of direct damage duly proven without being able to exceed the total amount of subscription fees that you paid the six (6) months preceding the event giving right to your request, or if no Subscription fee does not apply, an amount of one hundred (100) euros. This limitation of liability is an essential condition of these TOS and the determinant of the consent of HRCP.
- Indemnification
You shall defend, indemnify, and hold harmless HRCP from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. HRCP shall provide notice to you of any such claim, suit or demand. HRCP reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting HRCP’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any HRCP from or against any claims, actions or demands resulting from any action or inaction of HRCP.
- Assignment.
You may not assign this TOS without the prior written consent of HRCP, but HRCP may assign or transfer this TOS, in whole or in part, without restriction.
- Governing Law and Competent Jurisdiction
This TOS shall be governed by the French law. This is so for the substantive rules as for the rules of form. If a dispute arises over the interpretation, execution or termination of the TOS, you will endeavor to resolve it amicably with HRCP prior to any legal action. In case of persistent dispute, it would be brought before the Commercial Court of Paris notwithstanding plurality of defendants or warranty claim. This competence also applies in matters of interim relief.
- DMCA
11.1	As an exception to article 10 of the TOS relating to the application of French law, the remedy provided by the 1998 Digital Millenium Copyright Act (the "DMCA") as described below also applies in the context of the execution of the TOS. Therefore, the possibility of appeal from the DMCA does not preclude the application of other remedies provided by French law.
11.2	The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. HRCP (and / or any other company belonging to the same group as HRCP) will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent (RiseSmart belonging to the same group as HRCP) at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
- Apple-Enabled Software Applications
12.1	HRCP offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS.
12.2	HRCP and you acknowledge that this TOS are concluded between HRCP and you only, and not with Apple, and that as between HRCP and Apple, HRCP, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
12.3	You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Governing language
This Agreement was drafted in French and translated in English. In case of litigation, the French version prevails on the English version.
Effective December 15th 2017 to January 17th 2018
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Terms of Services
- Acceptance of the terms
This website is provided to you by RiseSmart, a Randstad Professionals nv division (hereinafter referred to as RiseSmart), with headquarters in Access Building, Avenue Charles Quint, 586 (b 8), 1082 Brussels.
By accepting these Terms of Service (TOS) or by using the website, you unconditionally agree with these Terms of Service. RiseSmart reserves the right to change the content of these terms. When using the website, the current Terms of Service as stated on the website, are always applicable.
Belgian laws applies to the access to, the use and operation of our website, the terms of Services, our services and any disputes which are (or may be) related to. Only the Belgian court is authorized to notify these disputes.
2. Description of the Service
RiseSmart provides outplacement services, career management services, assessment & competence services and employability services. The Service includes (a) the website, (b) RiseSmart’s outplacement services, career management services, assessment & competence services and employability services, related RiseSmart Technology and other related services (including file management and analytics services), and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to the Terms of Service and the Privacy Statement.
3. General conditions access & use of the services
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart.
You shall not (a) sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or intellectual property law) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Statement.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
3.7 You acknowledge that a Client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Client Agreement”).
3.8 If you are using the Service pursuant to a Client Agreement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Client Agreement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Representations and Warranties.
In connection with your use, you agree NOT to: violate any rules of regulations including, but not limited to anti-discrimination, or equal opportunity laws; infringe any intellectual property and privacy rights, including, but not limited to copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, fraudulent, breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
5. Termination.
If you are using the Service pursuant to a Client Agreement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Client Agreement.
RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS.
RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart.
All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion.
6. Disclaimer
RiseSmart does not warrant that the service will be uninterrupted, timely, secure, error-free or virus free and no information, advice or services obtained by you from RiseSmart of through the service shall create any warranty not expressly stated in this TOS.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users).
7. Apple-Enabled Software Applications RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “AppleEnabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply: RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Cookie Policy
Effective January 17th 2018
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As a matter of transparency, we stand out here our policy relative to cookies and similar technologies.
What’s a cookie?
A cookie is a short text file created by our website and stocked on your computer. A cookie contains information on your navigation in order to make it more efficient and enjoyable. It is also a way for RiseSmart to assess the performance of its services.
What’s a technique similar to a cookie?
Cookie’s size is limited, and it may be necessary to record a greatest amount of information on your computer. Other techniques exist, such as local storage, and we might use theses in the same conditions we use cookie. Sometimes, it’s your own computer configuration that will compel us to use these technics. Cookies and similar technologies will follow the same rules.
Why do you use cookies and similar techniques?
A Website has no memory: that’s why those informations are stored on your computer for the duration of your navigation or until next visit.
May I block cookies and similar techniques?
Yes. However, this blockage may hinder some functionality: for example, the chat windows from helping desk will not be available.
You will find the blocking procedure related to you browser by following this link: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser
You may also use your browser’s Private Navigation functionality to visit our website.
We do comply with « Do not Track » for optional cookies.
Which cookies are used?
We use sessions, preferences and analytics cookies.
Session cookies allow us to follow your navigation from webpage to webpage, in order to save you from giving the same information for every new webpage, such as you authentication. They are erased at the closing of your browser.
Preference cookies allow us to record the choices you made to customize your navigation, such as your language. They will be stored at the closing of your browser.
Analytic cookies allow us to statistically log how you make use of our website. Those informations are not person-related and are aggregated to every other user information, in order to assess the performance of our website, and improve it.
You may also encounter third parties cookies, corresponding to tools we choose to offer your supplementary functionalities. We do not always have information on thoses. They appear when embed elements such as a video, are on a webpage. You may contact us or the third parties for more information on cookies which are not on the following list:
JSESSIONID, AWSELB register your login on the website.
local_cookie, org.springframework register your langage.
OptanonConsent, OptanonAlertBoxClosed register your consent upon cookies.
_ga, _gid, _gat, gather utilisation statistics.
SnapABugVisit, SnapABugHistory, SnapABugRef allow user assistance by chat.
google.co.uk, doubleclick.net, google.com gather marketing statistics.
Walkme local storage is a local storage dedicated to user guidance.
Zendesk local storage is a local storage dedicated to user support.
local_cookie, org.springframework register your langage.
OptanonConsent, OptanonAlertBoxClosed register your consent upon cookies.
_ga, _gid, _gat, gather utilisation statistics.
SnapABugVisit, SnapABugHistory, SnapABugRef allow user assistance by chat.
google.co.uk, doubleclick.net, google.com gather marketing statistics.
Walkme local storage is a local storage dedicated to user guidance.
Zendesk local storage is a local storage dedicated to user support.
Update:
This policy was approved in January 2018.
It may change in the future, according to new tools, services, or to comply with a legislative change. We advise you to consult it occasionally.
PRIVACY STATEMENT
Effective November 21st 2024
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Cooperation agreements Randstad RiseSmart
These cooperation agreements apply to the relationship between Randstad RiseSmart and the Participant and/or (former) employee to be supported and/or being reintegrated. These cooperation arrangements lay down what we can expect from each other in terms of services, how we collaborate and the agreements we reach.
Definitions:
The following definitions apply in these cooperation arrangements:
Randstad: Randstad RiseSmart B.V., a Randstad Nederland B.V. company, with its registered office in Amsterdam, also trading as Randstad RiseSmart, Baanbrekend and Randstad Participatie; hereinafter referred to as ‘Randstad’ and/or ‘Randstad RiseSmart’.
Programs:
Counseling and/or Mediation Services: Randstad RiseSmart’s services consisting of counselling and/or job placement services in the broadest sense, such as sustainable employability (including training/workshops/job market scans), outplacement and coaching.
reintegration: Randstad RiseSmart’s services consisting of all Counseling and Mediation activities carried out to promote a person’s return to work, such as work in the context the Dutch Eligibility for Permanent Incapacity Benefit (Restrictions) Act [Wet verbetering Poortwachter], for instance.
Parties involved:
Participant: the natural person for the benefit of whom - pursuant to an assignment agreement between Randstad RiseSmart and the Client - guidance and/or mediation activities, and/or reintegration activities are performed. For the sake of readability, reference is always made to "he". This of course also means "they" and "them", hereinafter jointly referred to as Participant and/or Participants.
Client: the legal entity, public legal entity or institution that avails itself of Randstad’s services on the Participant’s behalf.
Contact: the Randstad coach/advisor/member of staff who is primarily responsible for the Guidance, and/or Counseling services, or the Participant’s reintegration.
Background:
Randstad supports Participants by improving employability (through-flow) and finding work (outflow). The cooperation between the Participant and Randstad takes place at the request of the Client. Randstad and the Client have entered into an agreement on the basis of which Randstad will carry out the Counseling and/or Mediation and/or reintegration.
General Agreements:
- Randstad will make every effort to contribute as effectively as possible to the objectives set by the Participant and the Client within the legal frameworks concerning Counseling and/or Mediation and/or reintegration. The Participant is expected to be well motivated and to do his utmost to achieve the objectives of the Counseling and/or Mediation programs. This means, inter alia, that, barring force majeure, he will participate constructively in all parts of the reintegration and/or Counseling and/or Mediation program.
- The Contact at Randstad will adopt an independent and ethical attitude in relation to the Participant and the Client. Randstad will therefore ensure that within the context of its relationship with the Client no interests other than those of the performance of the assignment for Counseling/Mediation and/or reintegration will play a role.
- The Participant will not be charged for the Counseling and/or Mediation and/or reintegration. Randstad will charge the Client for any costs in this respect.
- Randstad processes the personal data of data subjects in the proper performance of these services. For all activities, Randstad processes the data provided at the start of the activity in question, for instance by its Client or by you. This may include information such as the name, date of birth, address, place of residence, telephone number, email address and similar information required for communications, the training courses attended, diplomas and work experience gained. Data is also processed during the program. The type of information and the purpose for which it is processed differ according to the activity. Randstad handles personal data with due care in accordance with its Privacy Statement. By signing these cooperation arrangements, the Participant confirms that he has taken note of this Privacy Statement. If you have questions/observations/complaints concerning the protection of your personal data by Randstad, please get in touch with your Contact.
- As part of the performance of the services and activities, Randstad may – with due observance of the above provisions – inform the Client (periodically) about the plan of action, progress and outcome of the Counseling, job placement and/or reintegration. Any individual plan of action and/or report will not be sent to the Client until after the Participant has agreed to it, unless the law provides otherwise. The Contact will endeavor to discuss individual progress and/or reporting with the Client and the Participant during consultations. The sharing of this information takes place on one of the legal bases referred to in Articles 6(1)(a), (b), (c) and (f) of the General Data Protection Regulation.
- Randstad may be required by law to share information with third parties, such as the Employee Insurance Agency. The sharing of this information takes place on one of the legal bases referred to in Articles 6(1)(a), (b), (c) and (f) of the General Data Protection Regulation.
- The Participant is at liberty vis-à-vis Randstad to interrupt or terminate the participation in a Counseling and/or Mediation and/or reintegration program before the end of the contract. However, the Participant should be aware that failure to cooperate with the program, or to interrupt or terminate it early due to the Participant’s fault or actions, may be regarded as a breach of the statutory regulations with respect to being paid and the continued payment of the agreed salary or benefit. A violation as referred to above may lead to a wage sanction and/or temporary or permanent rejection or withdrawal of the benefits. Randstad cannot be held liable towards the Participant for consequences of this kind.
- In the event the Participant is unable to attend one or more meetings, activities or an appointment with the Contact due to illness, incapacity for work, holiday or other special circumstances, he will be required to notify Randstad thereof at least 24 hours before the start of the meeting or activity to the extent possible within reason. It goes without saying that the Participant is also obliged to report sick and/or apply for leave from the Client and/or the benefits agency. Randstad has the right to register the absence, and the reasons for it, and to notify the Client thereof.
- In the event the Participant repeatedly cannot be reached or fails to comply with the advice from the Contact, shows insufficient motivation, obstructs counselling or otherwise fails to comply with the obligations described in these cooperation arrangements, Randstad will be compelled and entitled to inform the Client thereof. Randstad will resort to this after having held the Participant to account and given the Participant the opportunity to meet his obligations in this respect. If this is the case, Randstad will have the right to suspend or terminate the Counseling and/or Mediation and/or reintegration unilaterally in whole or in part after it has informed the Participant thereof.
- The Participant is expected to give the Contact all the information that is relevant in the context of the Counseling, job placement and/or reintegration. Randstad assumes that the information provided is correct and complete. If the information provided is incorrect and/or incomplete, Randstad will be entitled to unilaterally suspend or terminate the Counseling and/or Mediation and/or reintegration entirely or in part, after having informed the Participant accordingly
- Randstad has the right to suspend the reintegration in whole or in part in the event the Participant is unable to participate (actively) or fully or partially in the reintegration program due to illness, pregnancy and/or other special circumstances. Randstad will not proceed with suspension before it has discussed its intention to suspend with the Participant and the Client.
- If there is complaint or problem, Randstad’s basic principle is that a satisfactory solution will be sought as far as possible in joint consultation, together with the Contact and possibly and the Client, if applicable. If this proves impossible, Randstad has a complaints procedure in place: the Randstad Nederland Quality Line. This central reporting point handles complaints received by telephone, in writing and by email immediately. The Quality Line records these complaints and supervises the settlement process. The Quality Line can be reached as follows: Randstad Nederland Attn Centraal Meldpunt Klachten, PO Box 12600, 1100 AP Amsterdam Zuidoost, the Netherlands, Email: kwaliteitslijn@nl.randstad.com , tel no. 0800 4000 240 (NL only).
The Participant declares that he agrees to the Randstad cooperation arrangements.
Effective September 1st 2023 to November 21st 2024
DownloadTable of Contents
Cooperation agreements Randstad RiseSmart
These cooperation agreements apply to the relationship between Randstad RiseSmart and the Participant and/or (former) employee to be supported and/or being reintegrated. These cooperation arrangements lay down what we can expect from each other in terms of services, how we collaborate and the agreements we reach.
Definitions:
The following definitions apply in these cooperation arrangements:
Randstad: Randstad RiseSmart B.V., a Randstad Nederland B.V. company, with its registered office in Amsterdam, also trading as Randstad RiseSmart, Baanbrekend and Randstad Participatie; hereinafter referred to as ‘Randstad’ and/or ‘Randstad RiseSmart’.
Programs:
Counseling and/or Mediation Services: Randstad RiseSmart’s services consisting of counselling and/or job placement services in the broadest sense, such as sustainable employability (including training/workshops/job market scans), outplacement and coaching.
reintegration: Randstad RiseSmart’s services consisting of all Counseling and Mediation activities carried out to promote a person’s return to work, such as work in the context the Dutch Eligibility for Permanent Incapacity Benefit (Restrictions) Act [Wet verbetering Poortwachter], for instance.
Parties involved:
Participant: the natural person for the benefit of whom - pursuant to an assignment agreement between Randstad RiseSmart and the Client - guidance and/or mediation activities, and/or reintegration activities are performed. For the sake of readability, reference is always made to "he". This of course also means "they" and "them", hereinafter jointly referred to as Participant and/or Participants.
Client: the legal entity, public legal entity or institution that avails itself of Randstad’s services on the Participant’s behalf.
Contact: the Randstad coach/advisor/member of staff who is primarily responsible for the Guidance, and/or Counseling services, or the Participant’s reintegration.
Background:
Randstad supports Participants by improving employability (through-flow) and finding work (outflow). The cooperation between the Participant and Randstad takes place at the request of the Client. Randstad and the Client have entered into an agreement on the basis of which Randstad will carry out the Counseling and/or Mediation and/or reintegration.
General Agreements:
- Randstad will make every effort to contribute as effectively as possible to the objectives set by the Participant and the Client within the legal frameworks concerning Counseling and/or Mediation and/or reintegration. The Participant is expected to be well motivated and to do his utmost to achieve the objectives of the Counseling and/or Mediation programs. This means, inter alia, that, barring force majeure, he will participate constructively in all parts of the reintegration and/or Counseling and/or Mediation program.
- The Contact at Randstad will adopt an independent and ethical attitude in relation to the Participant and the Client. Randstad will therefore ensure that within the context of its relationship with the Client no interests other than those of the performance of the assignment for Counseling/Mediation and/or reintegration will play a role.
- The Participant will not be charged for the Counseling and/or Mediation and/or reintegration. Randstad will charge the Client for any costs in this respect.
- Randstad processes the personal data of data subjects in the proper performance of these services. For all activities, Randstad processes the data provided at the start of the activity in question, for instance by its Client or by you. This may include information such as the name, date of birth, address, place of residence, telephone number, email address and similar information required for communications, the training courses attended, diplomas and work experience gained. Data is also processed during the program. The type of information and the purpose for which it is processed differ according to the activity. Randstad handles personal data with due care in accordance with its Privacy Statement. By signing these cooperation arrangements, the Participant confirms that he has taken note of this Privacy Statement. If you have questions/observations/complaints concerning the protection of your personal data by Randstad, please get in touch with your Contact.
- As part of the performance of the services and activities, Randstad may – with due observance of the above provisions – inform the Client (periodically) about the plan of action, progress and outcome of the Counseling, job placement and/or reintegration. Any individual plan of action and/or report will not be sent to the Client until after the Participant has agreed to it, unless the law provides otherwise. The Contact will endeavor to discuss individual progress and/or reporting with the Client and the Participant during consultations. The sharing of this information takes place on one of the legal bases referred to in Articles 6(1)(a), (b), (c) and (f) of the General Data Protection Regulation.
- Randstad may be required by law to share information with third parties, such as the Employee Insurance Agency. The sharing of this information takes place on one of the legal bases referred to in Articles 6(1)(a), (b), (c) and (f) of the General Data Protection Regulation.
- The Participant is at liberty vis-à-vis Randstad to interrupt or terminate the participation in a Counseling and/or Mediation and/or reintegration program before the end of the contract. However, the Participant should be aware that failure to cooperate with the program, or to interrupt or terminate it early due to the Participant’s fault or actions, may be regarded as a breach of the statutory regulations with respect to being paid and the continued payment of the agreed salary or benefit. A violation as referred to above may lead to a wage sanction and/or temporary or permanent rejection or withdrawal of the benefits. Randstad cannot be held liable towards the Participant for consequences of this kind.
- In the event the Participant is unable to attend one or more meetings, activities or an appointment with the Contact due to illness, incapacity for work, holiday or other special circumstances, he will be required to notify Randstad thereof at least 24 hours before the start of the meeting or activity to the extent possible within reason. It goes without saying that the Participant is also obliged to report sick and/or apply for leave from the Client and/or the benefits agency. Randstad has the right to register the absence, and the reasons for it, and to notify the Client thereof.
- In the event the Participant repeatedly cannot be reached or fails to comply with the advice from the Contact, shows insufficient motivation, obstructs counselling or otherwise fails to comply with the obligations described in these cooperation arrangements, Randstad will be compelled and entitled to inform the Client thereof. Randstad will resort to this after having held the Participant to account and given the Participant the opportunity to meet his obligations in this respect. If this is the case, Randstad will have the right to suspend or terminate the Counseling and/or Mediation and/or reintegration unilaterally in whole or in part after it has informed the Participant thereof.
- The Participant is expected to give the Contact all the information that is relevant in the context of the Counseling, job placement and/or reintegration. Randstad assumes that the information provided is correct and complete. If the information provided is incorrect and/or incomplete, Randstad will be entitled to unilaterally suspend or terminate the Counseling and/or Mediation and/or reintegration entirely or in part, after having informed the Participant accordingly
- Randstad has the right to suspend the reintegration in whole or in part in the event the Participant is unable to participate (actively) or fully or partially in the reintegration program due to illness, pregnancy and/or other special circumstances. Randstad will not proceed with suspension before it has discussed its intention to suspend with the Participant and the Client.
- If there is complaint or problem, Randstad’s basic principle is that a satisfactory solution will be sought as far as possible in joint consultation, together with the Contact and possibly and the Client, if applicable. If this proves impossible, Randstad has a complaints procedure in place: the Randstad Nederland Quality Line. This central reporting point handles complaints received by telephone, in writing and by email immediately. The Quality Line records these complaints and supervises the settlement process. The Quality Line can be reached as follows: Randstad Nederland Attn Centraal Meldpunt Klachten, PO Box 12600, 1100 AP Amsterdam Zuidoost, the Netherlands, Email: kwaliteitslijn@nl.randstad.com , tel no. 0800 4000 240 (NL only).
The Participant declares that he agrees to the Randstad cooperation arrangements.
Effective June 12th 2018 to September 1st 2023
DownloadTable of Contents
PRIVACY STATEMENT RANDSTAD HR SOLUTIONS
If we process your personal data, we will use this information in accordance with our Privacy Statement.
Randstad HR Solutions, part of Randstad Groep Nederland, is convinced that the privacy of its participants, candidates, employees and its other relations and visitors to the website is of essential importance. Personal details of you are therefore handled and secured with the greatest possible care, in accordance with the relevant requirements of the applicable data protection legislation.
Who we are
Randstad HR Solutions bv , registered in Amsterdam, (hereinafter referred to as: HRS), is the controller of the personal data it processes (‘controller’ within the meaning of the applicable data protection legislation).
HRS provides outplacement and career management services. These HRS services (hereinafter referred to as: the Service) we provide to you and our clients, both in person as well as through our website, and is subject to our Terms of Service (see the Site) and this Privacy Statement. For the Service we may make use of our RiseSmart Technology.
The Service includes (a) the website, (b) HRS’ outplacement and career management services, related RiseSmart Technology and other related services (including file management and analytics services), and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to the Terms of Service and this Privacy Statement.
HRS makes use of cookies and web statistics. We do this in order to see how visitors use our website. This information helps us to improve the site. A cookie is a file that is saved on your computer. On your next visit to our website, these cookies can be recognized. You can read more about this in our Cookie Statement.
Like many other websites, our website automatically collects certain data on the users of the website, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time of access to the website, the internet address from which you were directly linked through to our website, the control system that you use, the parts of the website that you visit, the pages of the website that you have visited and the information that you viewed, information on the types of appliance that you used for your visit to the site, your geographical location and the material that you send to or download from the website. This technical information is used for the management of the website and the system controller, and to improve the website and its use. These technical data may be passed on to third parties and may be stored for future use.
This Privacy Statement applies only to the Service. The Service may contain links to other websites not operated or controlled by HRS. The policies and procedures we described here do not apply to these other websites. The links from the Service do not imply that we endorse or have reviewed the other websites. We suggest contacting those sites directly for information on their privacy policies.
When do we collect your personal data? [CV icon]
We collect your data from the moment at which you enter or leave your data on our website, when you register as a participant with HRS or when your data is shared with us by a Company Client (your current or former employer) as part of our agreement with such Client Company in relation to the Service.
Why do we collect your personal data? [jobs icon]
We (Randstad Groep Nederland/HRS, hereinafter referred to as: Randstad) collect and process your data for the performance of our Service to you and our (Company) Clients.
More specifically, your personal data are processed in order to be able to:
- provide our Service to you, including without limitation to determine what particular assistance you want from the Service
- make offers to you and/or to provide you with information on the Service and other activities and in order to be able to coordinate these more closely with your requirements and qualities. This is done by our employees and is partially automated and may include providing job leads, job search training, résumé-writing assistance and/or other assistance
- promote your personal development and employability, including training, education and tests
- assess your suitability and availability in connection with placement in permanent or fixed-term jobs or an assignment, in which case test results, questionnaires, counseling sessions, discussions, reference checks, exchange of email and other channels etc. may also be used
- assist a Company Client in outplacement and career management services for its current and/or its former employees through the Service
- contract and maintain an employment or personnel/placement relationship with you and perform the relevant administration for this purpose
- record an assignment in a contract with the client and to manage and comply the contract with the client
- if we have contracted an employee or staffing/placement relationship with you, for compliance with laws and regulations, including but not limited to identification, labor law, fiscal and social insurance law, control of fraud and national and international sanctions legislation.
- comply with our re-integration obligations and with the (government-imposed) objectives of assisting persons at a long(er) distance from the labor market to find jobs
- process data for our clients in relation to pre-employment screening, if relevant. For more information, see: <PES Protocol>
- contact you for commercial offers, newsletters and promotional campaigns that could be of interest to you, solely if you have registered for this (opt-in)
- organise events for you, solely if you have registered for this (opt-in)
- for management purposes including management information, organizing internal compliance and control, business security, occupational health & safety, performing audits and data analysis and general auditing
- quality objectives such as certification
- improve the content and functionality of the Service, better understand HRS’ users and improve the Service
- apply for subsidies, premium discounts etc.
Which personal data do we collect on you? [icon for what - vacancy/cv]
We collect and process the personal data necessary for our Service; some of these data are mandatory in order for you to be able to use our Service. Additional data may be desirable in order to be able to match the Service more closely to your requirements and qualities or to meet more specific Company Client requests or obligations. You yourself are responsible for the accuracy and relevance of the data that you provide to HRS.
Clients of HRS (Company Clients) may engage HRS to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, HRS receives from the Company Client a list of persons eligible for the Service. If you are eligible, the Company Client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
When you register with HRS as a Participant, you will share relevant (documents with) personal data with us, including the following:
On registration and in the course of the Service:
- name and address details, e-mail address and other contact information
- date of birth, age and gender
- curriculum vitae (CV), recent job titles, current and past employers, information on education and training, placements, work experience, language skills, employment objectives, compensation expectations, interests
- your professional social media profile and relevant profiles of your network
- information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us
- data on availability and leave
- other data that are or could be important in relation to the assessment of your suitability, such as references and certificates
- passport photograph and video (introduction) - on a voluntary basis
- information on your milestone progress and status in job searching
- information on your customer satisfaction or other feedback about the job search and the Service
When you enter into an employment relationship with HRS as part of the Service, are working for/have worked for HRS:
- nationality, citizen service number (BSN), proof of identity, work permit:
- other data relating to the personnel, salary and absence registration
- we sometimes also process data as part of pre-employment screening for our clients. More information on this is provided in our Privacy protocol for personal data in pre-employment screening.
HRS records sensitive personal data only if this is necessary in order to comply with its legal obligations, in as far as consent has been granted, e.g. because you volunteered this data in your cv or profile, or if this is otherwise permitted by or pursuant to the law. ‘Sensitive personal data’ refers to details about a person's race, religion, convictions, political opinions, health, sexual life, trade union membership, criminal history and/or personal data regarding unlawful behavior or harassment.
For your personal web account that you may establish on the Service, HRS may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Aggregated Data
In an ongoing effort to better understand and serve the users of the Service, HRS often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to HRS. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and HRS may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. HRS may also disclose aggregated user statistics in order to describe HRS’ services to current and prospective business partners, and to other third parties for other lawful purposes.
How do we collect your data
HRS may receive or enter all of your Personal Data or other information in digital form as well as through our interactions with you. HRS may combine all Personal Data and other information from or about you into a database record.
When RiseSmart Technology is being used, all Personal Data and other information from or about you may be combined into a single proprietary database record and may be stored on servers hosted in the Republic of Ireland or in other countries. HRS’ personnel or personnel responsible for the RiseSmart Technology may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
In pursuit of current accuracy of your Personal Data and other information on file, HRS may prompt and require you to review a summary of your Personal Data and other information in your account if available, and confirm or correct the information. HRS takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to HRS via e-mail or any other transmission method. Please keep this in mind when disclosing any Personal Data or other information to HRS via the Internet.
With whom may we share your personal data (candidates, staffing employees, self-employed)? [share icon]
HRS may pass on your personal data to other Randstad entities, its Company Clients, clients, sub-contractors (e.g. data processors) who perform services or execute assignments on its behalf, suppliers, government agencies and other business relations and in all other cases in which we may be obliged to do so, for example by a court order or court decision.
Personal data are provided on the basis of a legitimate interest, legal obligation and/or to execute the contract in compliance with the objectives listed in “Why do we collect your personal data?”, to the extent necessary or useful for them to perform their specific function.
HRS may make use of RiseSmart Technology to support the Service and to register your personal data. RiseSmart Technology is provided by RiseSmart, Inc. our RiseSmart entity in the US and supported by RiseSmart HR Services Pvt. Ltd. in India. Also Company Clients and other HRS entities and sub-contractors may be located outside of The Netherlands. Your personal data may therefore be transferred outside The Netherlands. HRS has taken the necessary measures to ensure that the personal data transferred are adequately protected against loss or unlawful processing.
As HRS develops its business, HRS might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
For how long do we retain your personal data? [calendar icon]
The retention periods that we apply depend on the applicable statutory terms for retaining data.
Participants (if you have not (yet) worked for Randstad/HRS)
Your placement data (CV, work experience, education, test results etc.) are available for two years after the last contact, if you have not worked for HRS. You will receive messages from us to notify you that you are registered with us and that we offer you our services both one year after the last contact and two years after the last contact.
If you no longer wish to make use of our Service and, where relevant, this is allowed under your agreement with the Company Client, you can unsubscribe via MijnRandstad, the Risesmart Technology or your contact person.
Your personal data will remain available for a further three months in a secure environment (in case of Search & Selection, this period is 24 months, in connection with potential claim risks). In this protected environment, your data will only be available to HRS under strict conditions, in compliance with the purposes and terms set for this. At the end of the above term, your data will be finally deleted.
If you work/have worked for Randstad/HRS
Your personal data are available for two years after the termination of the employment contract.
Certain personal data are available to HRS for a longer term, for the purpose of e.g. claims and fiscal obligations. More information on this is available in the MijnRandstad User Conditions for employees.
If you no longer wish to make use of our Service and, where relevant, this is allowed under your agreement with the Company Client, you can unsubscribe via your portal or your contact person.
Your personal data will be archived in a secure environment after two years. Your personal data will then be available to Randstad only under strict conditions, in compliance with the applicable purposes and terms.
Personal data of business relations (contact details of employees of clients, prospects, suppliers, consultants, referees and any other organization with which we maintain a business relationship)
Randstad processes the personal data of relevant persons working for companies with which we do business in order to (1) make offers for and/or provide information on our services and other activities, and (2) to request and review offers and information for services and products to Randstad and (3) maintain a business relationship and (4) contract and maintain an order agreement.
We process personal data of business relations, including:
- names, contact details and positions of contact persons.
HRS may pass on personal data obtained from its business relations if this is necessary in order to realize the objectives of the business relation or for the purpose of placement/assignment. These data may be transferred to other Randstad entities, to applicants or candidates, business partners and subcontractors (e.g. data processors) who provide services on HRS’ behalf, and in all other cases in which HRS may be required to do so, for example by a court order or court decision. Personal data may be transferred to other countries. HRS has taken the necessary measures to ensure that all personal data transferred are adequately protected against loss or unlawful processing.
Your rights [justice/CV icon]
You have the right to access and/or correct your personal data.
For Participants, employees and business relations:
If you have your own account , you can access a large part of the personal data recorded about you. You can change a number of data yourself at any time, for example by making changes to your CV or your account details.
If you wish to access all personal data processed and/or to correct, change or delete your data that you cannot alter yourself, please contact your contact person at HRS.
For other relations:
You have the right to view and change your personal data records. You can contact your contact person at HRS for that purpose.
Security [data leak lock icon]
HRS will secure and protect your personal data against loss or unlawful use. We do this on the basis of physical, administrative, organizational and technical security measures.
For example: authorized access to the data only. If and in as far as data are provided to data processors that provide services or execute assignments on its behalf, HRS has also agreed with them that they will secure personal data as effectively as possible.
Contact; Questions, comments, complaints or (suspected) data leaks If you have any questions, comments or complaints about Randstad/HRS’ protection of your personal data, please contact us in writing or by e-mail.
If you have any questions, comments or complaints about HRS’ protection of your personal data, please contact us in writing or by e-mail via your contact person.
We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service. Please use your account to keep your Personal Data accurate, current and complete. In the event you have issues or questions related to this Privacy Statement or related privacy matters, you may contact the Randstad Privacy Officer at the following address: Diemermere 25, 1112TC Diemen
In the case of a (suspected) data leak, please report this immediately via this form. [if with icon, show tap with data leak]
Changes [pen icon]
This version was drawn up in January 2018.
For various reasons, HRS may make changes, additions or alterations to its Privacy Statement at any time. Please review this privacy statement periodically, and especially before you provide any Personal Data. The latest Privacy Statement can be viewed at any time on the HRS website. This version was drawn up in January 2018.
Effective January 29th 2018 to June 12th 2018
DownloadTable of Contents
PRIVACY STATEMENT RANDSTAD HR SOLUTIONS
If we process your personal data, we will use this information in accordance with our Privacy Statement.
Randstad HR Solutions, part of Randstad Groep Nederland, is convinced that the privacy of its participants, candidates, employees and its other relations and visitors to the website is of essential importance. Personal details of you are therefore handled and secured with the greatest possible care, in accordance with the relevant requirements of the applicable data protection legislation.
Who we are
Randstad HR Solutions bv , registered in Amsterdam, (hereinafter referred to as: HRS), is the controller of the personal data it processes (‘controller’ within the meaning of the applicable data protection legislation).
HRS provides outplacement and career management services. These HRS services (hereinafter referred to as: the Service) we provide to you and our clients, both in person as well as through our website, and is subject to our Terms of Service (see the Site) and this Privacy Statement. For the Service we may make use of our RiseSmart Technology.
The Service includes (a) the website, (b) HRS’ outplacement and career management services, related RiseSmart Technology and other related services (including file management and analytics services), and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to the Terms of Service and this Privacy Statement.
HRS makes use of cookies and web statistics. We do this in order to see how visitors use our website. This information helps us to improve the site. A cookie is a file that is saved on your computer. On your next visit to our website, these cookies can be recognized. You can read more about this in our Cookie Statement.
Like many other websites, our website automatically collects certain data on the users of the website, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time of access to the website, the internet address from which you were directly linked through to our website, the control system that you use, the parts of the website that you visit, the pages of the website that you have visited and the information that you viewed, information on the types of appliance that you used for your visit to the site, your geographical location and the material that you send to or download from the website. This technical information is used for the management of the website and the system controller, and to improve the website and its use. These technical data may be passed on to third parties and may be stored for future use.
This Privacy Statement applies only to the Service. The Service may contain links to other websites not operated or controlled by HRS. The policies and procedures we described here do not apply to these other websites. The links from the Service do not imply that we endorse or have reviewed the other websites. We suggest contacting those sites directly for information on their privacy policies.
When do we collect your personal data? [CV icon]
We collect your data from the moment at which you enter or leave your data on our website, when you register as a participant with HRS or when your data is shared with us by a Company Client (your current or former employer) as part of our agreement with such Client Company in relation to the Service.
Why do we collect your personal data? [jobs icon]
We (Randstad Groep Nederland/HRS, hereinafter referred to as: Randstad) collect and process your data for the performance of our Service to you and our (Company) Clients.
More specifically, your personal data are processed in order to be able to:
- provide our Service to you, including without limitation to determine what particular assistance you want from the Service
- make offers to you and/or to provide you with information on the Service and other activities and in order to be able to coordinate these more closely with your requirements and qualities. This is done by our employees and is partially automated and may include providing job leads, job search training, résumé-writing assistance and/or other assistance
- promote your personal development and employability, including training, education and tests
- assess your suitability and availability in connection with placement in permanent or fixed-term jobs or an assignment, in which case test results, questionnaires, counseling sessions, discussions, reference checks, exchange of email and other channels etc. may also be used
- assist a Company Client in outplacement and career management services for its current and/or its former employees through the Service
- contract and maintain an employment or personnel/placement relationship with you and perform the relevant administration for this purpose
- record an assignment in a contract with the client and to manage and comply the contract with the client
- if we have contracted an employee or staffing/placement relationship with you, for compliance with laws and regulations, including but not limited to identification, labor law, fiscal and social insurance law, control of fraud and national and international sanctions legislation.
- comply with our re-integration obligations and with the (government-imposed) objectives of assisting persons at a long(er) distance from the labor market to find jobs
- process data for our clients in relation to pre-employment screening, if relevant. For more information, see: <PES Protocol>
- contact you for commercial offers, newsletters and promotional campaigns that could be of interest to you, solely if you have registered for this (opt-in)
- organise events for you, solely if you have registered for this (opt-in)
- for management purposes including management information, organizing internal compliance and control, business security, occupational health & safety, performing audits and data analysis and general auditing
- quality objectives such as certification
- improve the content and functionality of the Service, better understand HRS’ users and improve the Service
- apply for subsidies, premium discounts etc.
Which personal data do we collect on you? [icon for what - vacancy/cv]
We collect and process the personal data necessary for our Service; some of these data are mandatory in order for you to be able to use our Service. Additional data may be desirable in order to be able to match the Service more closely to your requirements and qualities or to meet more specific Company Client requests or obligations. You yourself are responsible for the accuracy and relevance of the data that you provide to HRS.
Clients of HRS (Company Clients) may engage HRS to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, HRS receives from the Company Client a list of persons eligible for the Service. If you are eligible, the Company Client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
When you register with HRS as a Participant, you will share relevant (documents with) personal data with us, including the following:
On registration and in the course of the Service:
- name and address details, e-mail address and other contact information
- date of birth, age and gender
- curriculum vitae (CV), recent job titles, current and past employers, information on education and training, placements, work experience, language skills, employment objectives, compensation expectations, interests
- your professional social media profile and relevant profiles of your network
- information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us
- data on availability and leave
- other data that are or could be important in relation to the assessment of your suitability, such as references and certificates
- passport photograph and video (introduction) - on a voluntary basis
- information on your milestone progress and status in job searching
- information on your customer satisfaction or other feedback about the job search and the Service
When you enter into an employment relationship with HRS as part of the Service, are working for/have worked for HRS:
- nationality, citizen service number (BSN), proof of identity, work permit:
- other data relating to the personnel, salary and absence registration
- we sometimes also process data as part of pre-employment screening for our clients. More information on this is provided in our Privacy protocol for personal data in pre-employment screening.
HRS records sensitive personal data only if this is necessary in order to comply with its legal obligations, in as far as consent has been granted, e.g. because you volunteered this data in your cv or profile, or if this is otherwise permitted by or pursuant to the law. ‘Sensitive personal data’ refers to details about a person's race, religion, convictions, political opinions, health, sexual life, trade union membership, criminal history and/or personal data regarding unlawful behavior or harassment.
For your personal web account that you may establish on the Service, HRS may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Aggregated Data
In an ongoing effort to better understand and serve the users of the Service, HRS often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to HRS. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and HRS may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. HRS may also disclose aggregated user statistics in order to describe HRS’ services to current and prospective business partners, and to other third parties for other lawful purposes.
How do we collect your data
HRS may receive or enter all of your Personal Data or other information in digital form as well as through our interactions with you. HRS may combine all Personal Data and other information from or about you into a database record.
When RiseSmart Technology is being used, all Personal Data and other information from or about you may be combined into a single proprietary database record and may be stored on servers hosted in the Republic of Ireland or in other countries. HRS’ personnel or personnel responsible for the RiseSmart Technology may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
In pursuit of current accuracy of your Personal Data and other information on file, HRS may prompt and require you to review a summary of your Personal Data and other information in your account if available, and confirm or correct the information. HRS takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to HRS via e-mail or any other transmission method. Please keep this in mind when disclosing any Personal Data or other information to HRS via the Internet.
With whom may we share your personal data (candidates, staffing employees, self-employed)? [share icon]
HRS may pass on your personal data to other Randstad entities, its Company Clients, clients, sub-contractors (e.g. data processors) who perform services or execute assignments on its behalf, suppliers, government agencies and other business relations and in all other cases in which we may be obliged to do so, for example by a court order or court decision.
Personal data are provided on the basis of a legitimate interest, legal obligation and/or to execute the contract in compliance with the objectives listed in “Why do we collect your personal data?”, to the extent necessary or useful for them to perform their specific function.
HRS may make use of RiseSmart Technology to support the Service and to register your personal data. RiseSmart Technology is provided by RiseSmart, Inc. our RiseSmart entity in the US and supported by RiseSmart HR Services Pvt. Ltd. in India. Also Company Clients and other HRS entities and sub-contractors may be located outside of The Netherlands. Your personal data may therefore be transferred outside The Netherlands. HRS has taken the necessary measures to ensure that the personal data transferred are adequately protected against loss or unlawful processing.
As HRS develops its business, HRS might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
For how long do we retain your personal data? [calendar icon]
The retention periods that we apply depend on the applicable statutory terms for retaining data.
Participants (if you have not (yet) worked for Randstad/HRS)
Your placement data (CV, work experience, education, test results etc.) are available for two years after the last contact, if you have not worked for HRS. You will receive messages from us to notify you that you are registered with us and that we offer you our services both one year after the last contact and two years after the last contact.
If you no longer wish to make use of our Service and, where relevant, this is allowed under your agreement with the Company Client, you can unsubscribe via MijnRandstad, the Risesmart Technology or your contact person.
Your personal data will remain available for a further three months in a secure environment (in case of Search & Selection, this period is 24 months, in connection with potential claim risks). In this protected environment, your data will only be available to HRS under strict conditions, in compliance with the purposes and terms set for this. At the end of the above term, your data will be finally deleted.
If you work/have worked for Randstad/HRS
Your personal data are available for two years after the termination of the employment contract.
Certain personal data are available to HRS for a longer term, for the purpose of e.g. claims and fiscal obligations. More information on this is available in the MijnRandstad User Conditions for employees.
If you no longer wish to make use of our Service and, where relevant, this is allowed under your agreement with the Company Client, you can unsubscribe via your portal or your contact person.
Your personal data will be archived in a secure environment after two years. Your personal data will then be available to Randstad only under strict conditions, in compliance with the applicable purposes and terms.
Personal data of business relations (contact details of employees of clients, prospects, suppliers, consultants, referees and any other organization with which we maintain a business relationship)
Randstad processes the personal data of relevant persons working for companies with which we do business in order to (1) make offers for and/or provide information on our services and other activities, and (2) to request and review offers and information for services and products to Randstad and (3) maintain a business relationship and (4) contract and maintain an order agreement.
We process personal data of business relations, including:
- names, contact details and positions of contact persons.
HRS may pass on personal data obtained from its business relations if this is necessary in order to realize the objectives of the business relation or for the purpose of placement/assignment. These data may be transferred to other Randstad entities, to applicants or candidates, business partners and subcontractors (e.g. data processors) who provide services on HRS’ behalf, and in all other cases in which HRS may be required to do so, for example by a court order or court decision. Personal data may be transferred to other countries. HRS has taken the necessary measures to ensure that all personal data transferred are adequately protected against loss or unlawful processing.
Your rights [justice/CV icon]
You have the right to access and/or correct your personal data.
For Participants, employees and business relations:
If you have your own account , you can access a large part of the personal data recorded about you. You can change a number of data yourself at any time, for example by making changes to your CV or your account details.
If you wish to access all personal data processed and/or to correct, change or delete your data that you cannot alter yourself, please contact your contact person at HRS.
For other relations:
You have the right to view and change your personal data records. You can contact your contact person at HRS for that purpose.
Security [data leak lock icon]
HRS will secure and protect your personal data against loss or unlawful use. We do this on the basis of physical, administrative, organizational and technical security measures.
For example: authorized access to the data only. If and in as far as data are provided to data processors that provide services or execute assignments on its behalf, HRS has also agreed with them that they will secure personal data as effectively as possible.
Contact; Questions, comments, complaints or (suspected) data leaks If you have any questions, comments or complaints about Randstad/HRS’ protection of your personal data, please contact us in writing or by e-mail.
If you have any questions, comments or complaints about HRS’ protection of your personal data, please contact us in writing or by e-mail via your contact person.
We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service. Please use your account to keep your Personal Data accurate, current and complete. In the event you have issues or questions related to this Privacy Statement or related privacy matters, you may contact the Randstad Privacy Officer at the following address: Diemermere 25, 1112TC Diemen
In the case of a (suspected) data leak, please report this immediately via this form. [if with icon, show tap with data leak]
Changes [pen icon]
This version was drawn up in January 2018.
For various reasons, HRS may make changes, additions or alterations to its Privacy Statement at any time. Please review this privacy statement periodically, and especially before you provide any Personal Data. The latest Privacy Statement can be viewed at any time on the HRS website. This version was drawn up in Januaryl 2018.
Terms and Conditions & Cooperation Agreement
Effective July 27th 2018
DownloadTable of Contents
1 Acceptance of Terms
1.1 In the Netherlands Risesmart Technology is provided to you by Randstad. Randstad Randstad (“Randstad”) provides its Service (as defined below) to you through its web site located at www.risesmart.com/nl-nl (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 Randstad may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2 Description of Service
The “Service” includes (a) the Site, (b) Randstad’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3 General Conditions/ Access and Use of the Service
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other websites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices Randstad provides you or publishes in connection with the Service, and you shall promptly notify Randstad if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by Randstad in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Randstad hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Randstad for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Randstad or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker).
Randstad may assume that this is the case with its services. Randstad is authorized, but not obliged, to change, delete or supplement information including information from users that is not correct or complete without prior notice. It is not permitted to send or post messages and / or to upload material with a misleading, abusive, discriminating or otherwise unlawful or - in the opinion of Randstad - indecent or unnecessarily offensive content. Randstad reserves the right not to post such messages and / or uploads or to delete or change without prior notice.
You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support.
Randstad takes security measures to prevent unauthorized access to and use of data in the service. Please be aware that it is impossible to completely avoid of prevent that your data is used unauthorized and / or unlawful or unintentionally affected or lost. Randstad therefore accepts no liability if your data, despite the measures taken, are unintentionally affected or lost or unlawfully or unauthorizedly inspected and / or, unless this is due to the gross negligence or intent of Randstad.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 You acknowledge that a company client of Randstad may engage Randstad to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, Randstad may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Statement for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.7 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.8 You agree that Randstad (a) may establish general rules and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) Randstad has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and Randstad (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Randstad, its users and the public.
4 Termination
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. Randstad reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. Randstad shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
You can not use the service as a repository for unique data or back-up. The information on the service is not shown and saved for you indefinitely. You must take care of an adequate back-up of data yourself. You are also responsible for compliance with your storage obligations under law, regulation or agreement.
If you do not use the service for two years, we will delete your data after two years. You will be notified in advance. TIP: make sure that your data is adequately backed up on time
5 Disclaimers
Randstad is entitled (but not obliged) to adjust the service, for example regarding its business processes or technological developments. In addition, existing functionality can be adjusted, supplemented or deleted. Randstad will, where necessary and possible, inform you in advance about changes that have a significant impact on your collaboration with Randstad.
Randstad will make reasonable efforts to ensure the availability and quality of the service. However, Randstad does not guarantee errors or omissions in the content and the undisturbed operation and availability of the service. Randstad is explicitly not responsible for malfunctions or reduced availability of the service due to force majeure (including malfunctions on the internet, hacking, denial of service attacks) and / or acts or omissions of you or third parties engaged by you and exclude any liability for this.
6 Limitation of liability
Randstad can not be held liable for indirect damage. Any liability will be limited to the amount paid for the service.
7 Indemnification
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service.
8 Governing Law
This TOS shall be governed by the laws of the Netherlands. The District Court of Amsterdam will be competent in any disputes.
Apple-Enabled Software Applications RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “AppleEnabled Software”). Randstad and you acknowledge that this TOS are concluded between Risesmart and you only and not with Apple.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows: support@nl.risesmart.com RiseSmart, Diemermere 25, 1112 TC Diemen. RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
9 Privacy
Through the service and when creating an account for the service, confidential information, including personal data, is processed. Randstad will treat your personal data confidentially. More information can be found in the RiseSmart Technology Privacy Statement.
Cooperation agreement
This cooperation agreement apply to the relationship between Randstad HR Solutions on the one hand and the participant in a program on the other. These rules stipulate what parties can expect from each other in relation to this program, as well as what rules they will observe in relation to each other.
The following definitions apply in these cooperation agreement:
Randstad HR Solutions: Randstad HR Solutions, a Randstad HR Solutions bv company, with its registered office in Amsterdam.
Program: the services of Randstad HR Solutions, consisting of guidance and / or employment mediation activities in the broadest sense of the word, such as coaching, career counseling, mediation to another position with the same or another employer (outplacement) and re integration.
Participant: the natural person on behalf of whom Randstad HR Solutions - on the basis of an agreement to do so with the client - carries out the supervision and / or mediation activities. For the sake of readability, "he" is always talked about. This of course also means "she".
Client: the natural or legal person with whom the participant is or was employed, or the benefits agency, who uses the services of Randstad HR Solutions for the benefit of the participant.
Coach: the contact person of Randstad HR Solutions, who primarily provides the program for the participant.
Participation of the participant in the program is usually based on a CLA and / or Social Plan, law and regulations applicable to the client, or an individual agreement between the participant and the client. From these arrangements and / or agreements, the participant may have obligations with regard to the program process towards the client. Randstad HR Solutions is not a party to the aforementioned agreements and is not responsible and liable towards the participant for decisions and measures taken by the client as (former) employer of the participant. Randstad HR Solutions is not responsible towards the participant for any choices made by the client with regard to the duration and content of the program.
The coach will act independently and with integrity in the relationship with the participant and the client. In order to guarantee this independent position, Randstad HR Solutions will ensure that in its relationship with the client, no other interests than those of the execution of the program itself will play a role.
No costs for the program will be charged to the participant. These costs are charged by Randstad HR Solutions to the client. Travel, accommodation and postage costs incurred by the participant in connection with applications, attending meetings and / or other activities in the context of the program, will be borne by the participant, unless the participant and the client agreed that these costs will be reimbursed by the client.
Randstad HR Solutions will make every effort to make an optimal contribution to the objectives of the program indicated by the participant and the client. Randstad HR Solutions will refer the participant to other disciplines if and when this is desirable for the interests of the participant. The participant decides, if necessary after consultation with the client, whether indeed the other disciplines are being used. The costs of the services provided by other disciplines are for the account of the participant, unless it has been agreed between the participant and the client that these costs are reimbursed by the client.
Randstad HR Solutions will, as far as possible, try to prevent the change of the coach during (individual parts of) the program, subject to the provisions of Article 9. However, Randstad HR Solutions cannot guarantee that the participant will always be supervised and / or mediated by the same coach. The participant has the right to change coach during the term of the program. If the participant wishes to change coach, he will submit a written - motivated - request to Randstad HR Solutions.
The duration of the program is agreed between Randstad HR Solutions and the client. Randstad HR Solutions is not at liberty to unilaterally restrict, suspend or terminate the program during the assignment, unless a circumstance as referred to in articles 9 to 11 of this cooperation agreement or the client does not fulfill his obligations towards Randstad HR Solutions (in time). The participant is not obliged to fully complete the program towards Randstad HR Solutions. However, the participant must take into account that an interruption or premature termination of the program due to the fault or actions of the participant may lead to measures or penalties by the client with regard to the employment contract / employment conditions (including possibly due by the client reimbursements) and / or the payment of the participant. Randstad HR Solutions is not responsible for such consequences.
The participant is expected to have a good motivation and maximum commitment to realize the objectives of the program. Among other things, this means that, except in cases of force majeure, he will participate in a constructive manner in all aspects of the program. If the participant is unable to attend any meeting or activity (including a meeting with the coach) due to illness, incapacity for work, holidays or other special circumstances, he must say so within 24 hours before the start of the event. This obligation to report to Randstad HR Solutions does not affect the obligation of the participant to report sick and / or request leave from the client and / or the benefits agency. Randstad HR Solutions is entitled to register the (reason of) absence and to inform the client of this, with due observance of the provisions of article 12 if the guidance and mediation is (partly) aimed at finding another suitable job ( at the client or elsewhere), the participant is expected to actively apply for and respond to offers for suitable positions, as described in (i) the collective labor agreement, social plan and / or other contractual arrangements applicable to the participant. candidate and client, ii) laws and regulations (including policy rules of benefits agencies and case law) and / or iii) contractual agreements between the participant and Randstad HR Solutions. Depending on the agreements with the client, this may also mean that the participant takes up a position of a temporary nature, a position at a lower level and / or a position with a lower salary.
If the participant repeatedly fails to follow the advice of the coach, shows insufficient motivation or otherwise does not comply with the obligations described in this cooperation agreement, Randstad HR Solutions has the right to call in another coach- unless otherwise agreed with the client, or to suspend or terminate the program unilaterally - in whole or in part. Randstad HR Solutions will not proceed until it has discussed its intention to do so with at least one colleague coach, the participant and the client. A decision to limit, suspend or terminate is confirmed in writing to the participant and the client.
The participant and the client are expected to provide the coach - within the limits of the General Data Protection Regulation (GDPR) and related laws and regulations - with all data that are relevant in the context of the program. Randstad HR Solutions assumes that the information provided is accurate and complete. If it later appears that this has not been the case and this is an impediment to the program, Randstad HR Solutions has the right to restrict, suspend or terminate the program - in whole or in part.
Randstad HR Solutions is entitled to suspend the program in whole or in part if the participant is unable to (actively) take part in (parts of) the program due to illness, pregnancy and / or other special circumstances. Randstad HR Solutions will not proceed to suspension until it has discussed its intention to suspend with the participant and the client. The CLA, Social Plan, other agreements with the client or law and regulations (including policy rules) applicable to the participant may stand in the way of suspension of the program.
Randstad HR Solutions has a Privacy Policy and will comply with the content of this policy, the General Data Processing Regulation (GDPR) and related laws and regulations during the program. The details of the participate will be treated confidentially. Randstad HR Solutions is - with due observance of the aforementioned - entitled to periodically inform the client about the plan of action, the progress and the outcome of the program. The participate has the right to view these reports, insofar as they relate to his person, and to receive a copy of them if requested. In exceptional cases Randstad can, on the basis of legal obligations, provide information to third parties without the consent of the participate. Of course Randstad will inform the participate about this. The coach will encourage the reporting with the client to be discussed in the presence of the participate, if this is important for the progress of the program.
Randstad HR Solutions has a complaints / disputes regulation. These regulations indicate how the participant can raise complaints about the actions of Randstad HR Solutions. The regulations are visible on Randstad.nl. The existence of a complaints procedure at Randstad HR Solutions is without prejudice to any complaints regulations applicable to the client, including complaints procedures in the context of a CLA or Social Plan. In the unlikely event that the handling of the complaint through the regular dispute settlement has not led to a satisfactory solution, the participant is free to appeal to the Oval.
Effective June 12th 2018 to July 27th 2018
DownloadTable of Contents
1 Acceptance of Terms
1.1 In the Netherlands Risesmart Technology is provided to you by Randstad. Randstad Randstad (“Randstad”) provides its Service (as defined below) to you through its web site located at www.risesmart.com/nl-nl (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 Randstad may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2 Description of Service
The “Service” includes (a) the Site, (b) Randstad’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3 General Conditions/ Access and Use of the Service
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other websites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices Randstad provides you or publishes in connection with the Service, and you shall promptly notify Randstad if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by Randstad in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Randstad hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Randstad for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Randstad or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker).
Randstad may assume that this is the case with its services. Randstad is authorized, but not obliged, to change, delete or supplement information including information from users that is not correct or complete without prior notice. It is not permitted to send or post messages and / or to upload material with a misleading, abusive, discriminating or otherwise unlawful or - in the opinion of Randstad - indecent or unnecessarily offensive content. Randstad reserves the right not to post such messages and / or uploads or to delete or change without prior notice.
You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support.
Randstad takes security measures to prevent unauthorized access to and use of data in the service. Please be aware that it is impossible to completely avoid of prevent that your data is used unauthorized and / or unlawful or unintentionally affected or lost. Randstad therefore accepts no liability if your data, despite the measures taken, are unintentionally affected or lost or unlawfully or unauthorizedly inspected and / or, unless this is due to the gross negligence or intent of Randstad.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 You acknowledge that a company client of Randstad may engage Randstad to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, Randstad may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Statement for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.7 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.8 You agree that Randstad (a) may establish general rules and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) Randstad has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and Randstad (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Randstad, its users and the public.
4 Termination
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. Randstad reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. Randstad shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
You can not use the service as a repository for unique data or back-up. The information on the service is not shown and saved for you indefinitely. You must take care of an adequate back-up of data yourself. You are also responsible for compliance with your storage obligations under law, regulation or agreement.
If you do not use the service for two years, we will delete your data after two years. You will be notified in advance. TIP: make sure that your data is adequately backed up on time
5 Disclaimers
Randstad is entitled (but not obliged) to adjust the service, for example regarding its business processes or technological developments. In addition, existing functionality can be adjusted, supplemented or deleted. Randstad will, where necessary and possible, inform you in advance about changes that have a significant impact on your collaboration with Randstad.
Randstad will make reasonable efforts to ensure the availability and quality of the service. However, Randstad does not guarantee errors or omissions in the content and the undisturbed operation and availability of the service. Randstad is explicitly not responsible for malfunctions or reduced availability of the service due to force majeure (including malfunctions on the internet, hacking, denial of service attacks) and / or acts or omissions of you or third parties engaged by you and exclude any liability for this.
6 Limitation of liability
Randstad can not be held liable for indirect damage. Any liability will be limited to the amount paid for the service.
7 Indemnification
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service.
8 Governing Law
This TOS shall be governed by the laws of the Netherlands. The District Court of Amsterdam will be competent in any disputes.
Apple-Enabled Software Applications RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “AppleEnabled Software”). Randstad and you acknowledge that this TOS are concluded between Risesmart and you only and not with Apple.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows: support@nl.risesmart.com RiseSmart, Diemermere 25, 1112 TC Diemen. RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
9 Privacy
Through the service and when creating an account for the service, confidential information, including personal data, is processed. Randstad will treat your personal data confidentially. More information can be found in the RiseSmart Technology Privacy Statement.
Effective March 21st 2018 to June 12th 2018
DownloadTable of Contents
1 Acceptance of Terms
1.1 In the Netherlands Risesmart Technology is provided to you by Randstad. Randstad Randstad (“Randstad”) provides its Service (as defined below) to you through its web site located at www.risesmart.com/nl-nl (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 Randstad may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2 Description of Service
The “Service” includes (a) the Site, (b) Randstad’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3 General Conditions/ Access and Use of the Service
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other websites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices Randstad provides you or publishes in connection with the Service, and you shall promptly notify Randstad if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by Randstad in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Randstad hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Randstad for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Randstad or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker).
Randstad may assume that this is the case with its services. Randstad is authorized, but not obliged, to change, delete or supplement information including information from users that is not correct or complete without prior notice. It is not permitted to send or post messages and / or to upload material with a misleading, abusive, discriminating or otherwise unlawful or - in the opinion of Randstad - indecent or unnecessarily offensive content. Randstad reserves the right not to post such messages and / or uploads or to delete or change without prior notice.
You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support.
Randstad takes security measures to prevent unauthorized access to and use of data in the service. Please be aware that it is impossible to completely avoid of prevent that your data is used unauthorized and / or unlawful or unintentionally affected or lost. Randstad therefore accepts no liability if your data, despite the measures taken, are unintentionally affected or lost or unlawfully or unauthorizedly inspected and / or, unless this is due to the gross negligence or intent of Randstad.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 You acknowledge that a company client of Randstad may engage Randstad to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, Randstad may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Statement for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.7 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.8 You agree that Randstad (a) may establish general rules and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) Randstad has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and Randstad (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Randstad, its users and the public.
4 Termination
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. Randstad reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. Randstad shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
You can not use the service as a repository for unique data or back-up. The information on the service is not shown and saved for you indefinitely. You must take care of an adequate back-up of data yourself. You are also responsible for compliance with your storage obligations under law, regulation or agreement.
If you do not use the service for two years, we will delete your data after two years. You will be notified in advance. TIP: make sure that your data is adequately backed up on time
5 Disclaimers
Randstad is entitled (but not obliged) to adjust the service, for example regarding its business processes or technological developments. In addition, existing functionality can be adjusted, supplemented or deleted. Randstad will, where necessary and possible, inform you in advance about changes that have a significant impact on your collaboration with Randstad.
Randstad will make reasonable efforts to ensure the availability and quality of the service. However, Randstad does not guarantee errors or omissions in the content and the undisturbed operation and availability of the service. Randstad is explicitly not responsible for malfunctions or reduced availability of the service due to force majeure (including malfunctions on the internet, hacking, denial of service attacks) and / or acts or omissions of you or third parties engaged by you and exclude any liability for this.
6 Limitation of liability
Randstad can not be held liable for indirect damage. Any liability will be limited to the amount paid for the service.
7 Indemnification
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service.
8 Governing Law
This TOS shall be governed by the laws of the Netherlands. The District Court of Amsterdam will be competent in any disputes.
Apple-Enabled Software Applications RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “AppleEnabled Software”). Randstad and you acknowledge that this TOS are concluded between Risesmart and you only and not with Apple.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows: support@nl.risesmart.com RiseSmart, Diemermere 25, 1112 TC Diemen. RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
9 Privacy
Through the service and when creating an account for the service, confidential information, including personal data, is processed. Randstad will treat your personal data confidentially. More information can be found in the RiseSmart Technology Privacy Statement.
Terms and Conditions
Effective November 21st 2022
DownloadTable of Contents
Effective November 21, 2022
TERMS & CONDITIONS
- Acceptance of Terms.
1.1 RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 RiseSmart may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to monitor the Service, Content, or Your Content. RiseSmart does not screen or monitor any of Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and RiseSmart, even though it is electronic and is not physically signed by you and RiseSmart, and it governs your use of the Service and takes the place of any prior agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. We reserve the right to change RiseSmart’s prices. If RiseSmart does, RiseSmart will provide notice of the change on the Site or in email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service, RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of this TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign this TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer this TOS, in whole or in part, without restriction.
11. Governing Law.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
RiseSmart, Inc.
3625 Cumberland Blvd, Suite 600
RiseSmart, Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
Effective April 2nd 2018 to November 21st 2022
DownloadTable of Contents
TERMS & CONDITIONS
- Acceptance of Terms.
1.1 RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 RiseSmart may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to monitor the Service, Content, or Your Content. RiseSmart does not screen or monitor any of Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and RiseSmart, even though it is electronic and is not physically signed by you and RiseSmart, and it governs your use of the Service and takes the place of any prior agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. We reserve the right to change RiseSmart’s prices. If RiseSmart does, RiseSmart will provide notice of the change on the Site or in email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service, RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of this TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign this TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer this TOS, in whole or in part, without restriction.
11. Governing Law.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
Privacy Policy
Effective November 21st 2024
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339
United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective February 2nd 2024 to November 21st 2024
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK extension to the EU-US DFP and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339
United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective December 7th 2023 to February 2nd 2024
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339
United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective September 11th 2023 to December 7th 2023
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you. For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339
United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective July 11th 2023 to September 11th 2023
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339
United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective November 21st 2022 to July 11th 2023
DownloadTable of Contents
Effective November 21, 2022
RISESMART’S PRIVACY POLICY
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339
United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective October 12th 2021 to November 21st 2022
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective September 28th 2021 to October 12th 2021
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective April 2nd 2018 to September 28th 2021
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PRIVACY POLICY
RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to its Terms of Service (located at http://www.RiseSmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted and otherwise used in connection with the Service.
Your Consent
By using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart.
RiseSmart may receive from you:
- your name, recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in job searching; and
- information on your customer satisfaction or other feedback about the job search and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through your activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, mis-use, disclosure or other loss related to your Personal Data or other information.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service (including in connection with a Company Client Engagement), you are consenting to RiseSmart’s use of your Personal Data in accordance with this Privacy Policy. If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or its current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself or such information may be included in databases owned and maintained by RiseSmart’s affiliates, agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as discussed above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart use cookies, RiseSmart will not collect Personal Data except with your permission.
We may (and we may allow third party service providers to) use such cookies or other technologies to collect information about your browsing activities over time and across different websites following your use of the Services. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement as a job seeker, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users and improve the Service.
- As RiseSmart develops its business,RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners, and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. In pursuit of current accuracy of your Personal Data and other information on file, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account, and confirm or correct the information.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. Please keep this in mind when disclosing any Personal Data or other information to RiseSmart via the Internet.
Links to Other Web Sites
This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Exclusions
This Privacy Policy does not apply to any Personal Data collected by RiseSmart other than Personal Data collected through the Service. This Privacy Policy shall not apply to any unsolicited information you provide to RiseSmart through the Service or through any other means. This includes, but is not limited to, information posted to public areas of the Service, if any (“Public Areas”), any ideas for new products or modifications to existing products or services and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and RiseSmart shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Daniel Davenport, VP – Operations
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
- See more at: http://www.risesmart.com/privacy-policy#sthash.oeSkCk0Q.dpuf
Algemene voorwarden RiseSmart
Effective March 7th 2019
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Gebruikersvoorwaarden Risesmart-Insight voor werkgevers
1. Definities
Onderstaande begrippen hebben in de Gebruikersvoorwaarden de volgende betekenis:
1.1 Intellectuele eigendomsrechten:
Auteursrechten, octrooirechten, databaserechten, merkrechten, modelrechten, handelsnaamrechten, rechten op ontwerpen, knowhow en vertrouwelijke informatie en alle overige intellectuele eigendomsrechten of vergelijkbare vormen van bescherming in Nederland en elders in de wereld.
1.2 Materiaal:
Alle teksten, software, databestanden, formats, grafische afbeeldingen, foto's, logo's, geluiden, muziek, merken, software, (persoons)gegevens en elk ander door of namens Randstad ontwikkeld materiaal dat onderdeel is van deze Portal alsmede materiaal van derden dat met toestemming van die derden beschikbaar wordt gesteld in deze Portal , met inbegrip van het ontwerp, de structuur, de selectie, rangschikking, 'look en feel' ed. van dergelijk Materiaal.
1.3 Insight:
De beveiligde gedeelten van de websites van Randstad : In deze Gebruikersvoorwaarden wordt gedoeld op de beveiligde gedeelten voor werkgevers, meer in het bijzonder op dat de gedeelten van de websites waarop informatie wordt uitgewisseld over en in het kader van de diensten die Randstad als opdrachtnemer verricht voor/verleent aan de Opdrachtgever.
1.4 Opdrachtgever:
Het bedrijf, dat of de instelling, die gebruik maakt van de dienstverlening van Randstad op het gebied van bemiddeling, ter beschikkingstelling van arbeidskrachten en/of inhuur van zelfstandige opdrachtnemers.
1.5 Randstad:
Randstad Nederland bv en haar dochtermaatschappijen. Randstad Nederland bv is statutair gevestigd te Amsterdam en houdt kantoor te Diemen aan de Diemermere 25. Randstad Nederland bv is geregistreerd bij de Kamer van Koophandel te Amsterdam onder nummer 33149482.
2. Toepasselijkheid
2.1
Deze Gebruikersvoorwaarden zijn van toepassing op elk gebruik van de Portal . Zij vormen de basis waarop u toegang krijgt en gebruik mag maken van de Portal. Randstad vraagt u de Gebruikersvoorwaarden te lezen en - mede namens de Opdrachtgever die u vertegenwoordigt - te accorderen voordat u toegang krijgt tot (meer) informatie op en gebruik kan maken van de Portal. U kunt de Gebruikersvoorwaarden printen of opslaan voor uw eigen administratie.
2.2
Randstad behoudt zich het recht voor deze Gebruikersvoorwaarden op elk gewenst moment en naar eigen inzicht aan te vullen, te wijzigen of te verwijderen. Randstad zal de aangepaste Gebruikersvoorwaarden op de Portal plaatsen. Telkens wanneer u de Portal Insight gebruikt zijn de op dat moment geldende Gebruikersvoorwaarden van toepassing. Het is uw verantwoordelijkheid om van tijd tot tijd te controleren of de Gebruikersvoorwaarden zijn aangepast en kennis te nemen van die aanpassingen.
2.3
Deze Gebruikersvoorwaarden laten onverlet de toepasselijkheid van de overige (algemene en specifieke) voorwaarden die van toepassing zijn op de dienstverlening van Randstad in het kader waarvan u toegang krijgt tot de Portal.
3. Toegang tot de Portal
3.1
U krijgt uitsluitend toegang tot de Portal voor de werkgevers in het kader van uw werkzaamheden voor de Opdrachtgever met wie Randstad samenwerkt. U kunt namens de Opdrachtgever toegang krijgen tot de Portal:
a. indien u namens de Opdrachtgever contacten onderhoudt met Randstad. U krijgt alleen toegang tot die informatie die naar het redelijk oordeel van Randstad voor u relevant is in het kader van de samenwerking tussen de Opdrachtgever en Randstad. Als contactpersoon kunt u om praktische redenen één of meerdere collega's het recht verlenen om de voor u toegankelijke informatie in te zien. U dient echter terughoudend, alleen in het kader van de noodzakelijke uitoefening van de werkzaamheden, met inachtneming van het bepaalde in deze Gebruikersvoorwaarden, met deze bevoegdheid om te gaan; en/of
b. indien een onder a. bedoelde contactpersoon van de Opdrachtgever u (tijdelijk) inzage- en/of gebruiksrecht heeft verleend.
3.2
Door akkoord te gaan met deze Gebruikersvoorwaarden bevestigt u bevoegd te zijn om namens de Opdrachtgever toegang te hebben tot en gebruik te maken van de Portal, deze Gebruikersvoorwaarden te aanvaarden en - indien u een contactpersoon bent als bedoeld in artikel 3.1 sub a - inzage en/of gebruiksrechten te verlenen aan door u aan te wijzen personen. Randstad behoudt zich het recht voor bij de Opdrachtgever of anderszins na te gaan of u hiertoe inderdaad bevoegd bent. Indien u niet meer werkzaam bent bij de Opdrachtgever, bent u per gelijke datum van het einde van de werkzaamheden voor Opdrachtgever niet bevoegd om gebruik te maken van de Portal en dient u zich als zodanig ook af te (laten) melden bij Randstad. ,
3.3
Alvorens toegang te krijgen tot de Portal dient u een account aan te maken.
3.4
U bent volledig verantwoordelijk voor de bescherming van uw accountgegevens en alle activiteiten die uit hoofde van uw account plaatsvinden. U dient uw accountgegevens zorgvuldig te bewaren en niet verder te verspreiden. Indien u bekend wordt met ongeautoriseerd gebruik van uw account(gegevens) of van enige andere inbreuk op de beveiliging van uw account dient u uw contactpersoon bij Randstad hiervan onmiddellijk op de hoogte te stellen. Bent u uw accountgegevens kwijt, dan kunt u die zelf via het inlogscherm van de Portal opnieuw aanvragen.
4. Gebruik van de Portal
4.1
Insight wordt door Randstad beschikbaar gesteld ter ondersteuning van de dienstverlening van Randstad. De Portal kan door u, afhankelijk van de met de Opdrachtgever overeengekomen dienstverlening, gebruikt worden voor: het aanleveren van gegevens, het aangaan van opdrachten, met betrekking tot de dienstverlening van Randstad aan de opdrachtgever in te zien.
4.2
Randstad verstrekt u een persoonlijk, niet exclusief recht om de Portal te gebruiken. Behoudens het in art. 3.1 sub a bepaalde kan dit recht niet worden overgedragen aan een ander.
4.3 U dient alle instructies van Randstad met betrekking tot het gebruik van de Portal en het Materiaal strikt op te volgen. Daarnaast dient u zich bij het gebruik van de Portal en het Materiaal te houden aan de toepasselijke wet- en regelgeving.
4.4
Voor zover u zelf informatie doorgeeft via de Portal of per e-mail dient deze correct en volledig te zijn met uitdrukkelijke toestemming van de betreffende (oud) medewerker. Randstad gaat ervan uit dat de informatie die u doorgeeft correct en volledig is. Op Randstad rust geen verantwoordelijkheid om de door u ingevoerde gegevens op volledigheid of juistheid te controleren. Indien hierover door Randstad toch wordt geadviseerd, dan geschiedt dit onverplicht en zonder aanvaarding van enige aansprakelijkheid hiervoor. U en de Opdrachtgever zijn jegens Randstad aansprakelijk voor schade in verband met het niet juist of volledig zijn van de door u aan Randstad verstrekte informatie en zullen Randstad ter zake vrijwaren.
4.5
Randstad stuurt u in sommige gevallen een e-mailnotificatie, indien nieuwe informatie via de Portal aan u beschikbaar wordt gesteld. U bent er zelf voor verantwoordelijk dat de Portal en uw e-mail regelmatig worden gecontroleerd, ook indien u bijvoorbeeld afwezig bent wegens ziekte, verlof of om andere redenen. In dat geval kunt u een collega tijdelijk het in artikel 3.1 bedoelde recht verlenen. Uw collega ontvangt dan ook de e-mailnotificaties.
4.6 Randstad behoudt zich het recht voor periodiek uw accountgegevens te (laten) wijzigen of - om welke reden dan ook - accounts zonder vooraankondiging te sluiten. Sluiting van het account zal in ieder geval aan de orde zijn:
- indien u of de Opdrachtgever aangeeft dat u niet (langer) bevoegd bent om toegang te hebben tot en gebruik te maken van de Portal;
- indien u zich niet houdt aan het bepaalde in deze Gebruikersvoorwaarden of de wet.
5. Intellectuele eigendomsrechten
5.1
Alle intellectuele eigendomsrechten op de Portal en het Materiaal evenals de eigendomsrechten ten aanzien van de onderliggende werken en uitvindingen komen toe aan Randstad of hun licentiegevers. Behalve voor zover in deze Gebruikersvoorwaarden en de toepasselijke wetgeving anders is bepaald, is het niet toegestaan de Portal en het Materiaal op enigerlei wijze te kopiëren, reproduceren, te publiceren, op te slaan, te bewaren, te wijzigen, te verspreiden en/of anderszins openbaar te maken of te verveelvoudigen zonder voorafgaande schriftelijke toestemming van Randstad.
5.2
Met inachtneming van het bepaalde in artikel 6 van deze Gebruiksvoorwaarden is het toegestaan een kopie van (delen van) de informatie op de Portal en/of deze Gebruikersvoorwaarden te maken en/of op te slaan voor rechtmatig gebruik ten behoeve van de Opdrachtgever. Onder 'rechtmatig gebruik' wordt onder andere begrepen:
- gebruik in verband met de uitvoering van de overeenkomst(en) tussen de Opdrachtgever en Randstad;
- gebruik ter voldoening aan wettelijke (bewaar)verplichtingen van de Opdrachtgever;
- gebruik voor het beperken of vaststellen van (de omvang van) de (inleners- of keten) aansprakelijkheid van de Opdrachtgever.
5.3
De (historische) informatie op de Portal wordt niet onbeperkt voor u getoond en/of bewaard. U en de opdrachtgever zijn zelf verantwoordelijk voor de naleving van de op u/de Opdrachtgever rustende bewaarverplichtingen op grond van wet, regelgeving of overeenkomst. Voor zover deze bewaarplicht zich uitstrekt tot de informatie op de Portal bent u conform artikel 5.2 gerechtigd deze informatie te kopiëren of op te slaan ten behoeve van de Opdrachtgever.
6. Privacy en geheimhouding
6.1
Om u toegang te kunnen verlenen tot de Portal heeft Randstad uw naam, e-mailadres en geslacht nodig. Randstad zal vertrouwelijk met deze gegevens omgaan en deze alleen gebruiken om u in de gelegenheid te stellen een account aan te maken en met u te communiceren over en in het kader van de Portal en de dienstverlening van Randstad aan de Opdrachtgever.
6.2 De informatie op de Portal is van vertrouwelijke aard en bevat persoonsgegevens. U dient zorgvuldig met deze informatie om te gaan. De informatie mag alleen worden gebruikt voor zover dat nodig is voor de doelen waarvoor deze aan u verstrekt wordt, te weten1:
- het plaatsen en afhandelen van aanvragen/opdrachten;
- de totstandkoming, uitvoering en beëindiging van de overeenkomst(en) tussen de Opdrachtgever en Randstad;
- de uitvoering van wet en regelgeving,
- managementinformatie.
Uw verwerking van de informatie dient ook te voldoen aan de toepasselijke wet en regelgeving, waaronder uw verplichtingen onder de Wet Bescherming Persoonsgegevens.
6.3
De informatie op de Portal mag niet ter beschikking worden gesteld aan derden, tenzij dit geschiedt in het kader van de uitvoering van een wettelijke verplichting en/of met toestemming van Randstad. Onder 'derden' worden in dit artikel niet andere contactpersonen als bedoeld in artikel 3.1 sub b verstaan.
6.4
Voor zover de door u verstrekte informatie persoonsgegevens omvat en voor de verstrekking van deze persoonsgegevens uitdrukkelijke toestemming van de betrokkene is vereist, gaat Randstad er van uit dat u over deze toestemming beschikt. U bent jegens Randstad aansprakelijk voor schade als gevolg van het ontbreken van deze toestemming of het anderszins bij het verstrekken en verwerken van de persoonsgegevens niet naleven van de in lid 2 bedoelde wet en regelgeving en u Randstad vrijwaren tegen aanspraken van derden ter zake.
1 Afhankelijk van de aard van de met de Opdrachtgever overeengekomen dienstverlening kunnen alle of meerdere van de genoemde doelen van toepassing zijn.
7. Disclaimer
7.1
De informatie op de Portal is met de grootst mogelijk zorg samengesteld. Niettemin kan Randstad er niet voor instaan dat deze altijd correct, volledig en/of actueel is. Aan de informatie op de Portal kan daarom geen enkel recht worden ontleend. Randstad behoudt zich het recht voor deze informatie zonder vooraankondiging te wijzigen, bijvoorbeeld indien deze onjuist of niet actueel blijkt te zijn.
7.2
Randstad spant zich in om haar website naar behoren te laten functioneren en te beveiligen tegen onbevoegd en/of onrechtmatig gebruik. Randstad kan helaas echter niet instaan voor de ongestoorde werking, beschikbaarheid en beveiliging van Mijn Randstad. De Portal kan tijdelijk niet toegankelijk zijn en/of gebrekkig functioneren, bijvoorbeeld als gevolg van storingen in de telecommunicatievoorzieningen, het medium internet en/of onderhoud van de website. Randstad kan er evenmin voor instaan dat de Portal vrij is van virussen, besmetting of andere schadelijke kenmerken of dat derden, waaronder andere gebruikers, zich onrechtmatig toegang verschaffen tot uw gegevens en deze voor eigen doeleinden gebruiken. Randstad sluit alle aansprakelijkheid voor handelen of nalaten van andere gebruikers van de Portal en derden met betrekking tot of verband houdende met uw gebruik van Insight uit. U gebruikt Insight op eigen risico.
7.3
U bent zelf volledig verantwoordelijk en aansprakelijk voor uw gebruik van de Portal en zult Randstad vrijwaren tegen aanspraken van derden die verband houden met of voortvloeien uit uw gebruik van de Portal en/of van de informatie op de Portal.
8. Toepasselijk recht en bevoegde rechter
Op deze Gebruikersvoorwaarden, uw toegang tot en gebruik van de Portal en alle zaken en geschillen die daarop betrekking hebben is uitsluitend Nederlands recht van toepassing. Uitsluitend de Nederlandse rechter is bevoegd kennis te nemen van geschillen die betrekking hebben op (de interpretatie van) de Gebruikersvoorwaarden, uw toegang tot of gebruik van de Portal en/of de beëindiging daarvan.
Effective May 10th 2018 to March 7th 2019
DownloadTable of Contents
Gebruikersvoorwaarden Risesmart-Insight voor werkgevers
1. Definities
Onderstaande begrippen hebben in de Gebruikersvoorwaarden de volgende betekenis:
1.1 Intellectuele eigendomsrechten:
Auteursrechten, octrooirechten, databaserechten, merkrechten, modelrechten, handelsnaamrechten, rechten op ontwerpen, knowhow en vertrouwelijke informatie en alle overige intellectuele eigendomsrechten of vergelijkbare vormen van bescherming in Nederland en elders in de wereld.
1.2 Materiaal:
Alle teksten, software, databestanden, formats, grafische afbeeldingen, foto's, logo's, geluiden, muziek, merken, software, (persoons)gegevens en elk ander door of namens Randstad ontwikkeld materiaal dat onderdeel is van deze Portal alsmede materiaal van derden dat met toestemming van die derden beschikbaar wordt gesteld in deze Portal , met inbegrip van het ontwerp, de structuur, de selectie, rangschikking, 'look en feel' ed. van dergelijk Materiaal.
1.3 Insight:
De beveiligde gedeelten van de websites van Randstad : In deze Gebruikersvoorwaarden wordt gedoeld op de beveiligde gedeelten voor werkgevers, meer in het bijzonder op dat de gedeelten van de websites waarop informatie wordt uitgewisseld over en in het kader van de diensten die Randstad als opdrachtnemer verricht voor/verleent aan de Opdrachtgever.
1.4 Opdrachtgever:
Het bedrijf, dat of de instelling, die gebruik maakt van de dienstverlening van Randstad op het gebied van bemiddeling, ter beschikkingstelling van arbeidskrachten en/of inhuur van zelfstandige opdrachtnemers.
1.5 Randstad:
Randstad Nederland bv en haar dochtermaatschappijen. Randstad Nederland bv is statutair gevestigd te Amsterdam en houdt kantoor te Diemen aan de Diemermere 25. Randstad Nederland bv is geregistreerd bij de Kamer van Koophandel te Amsterdam onder nummer 33149482.
2. Toepasselijkheid
2.1
Deze Gebruikersvoorwaarden zijn van toepassing op elk gebruik van de Portal . Zij vormen de basis waarop u toegang krijgt en gebruik mag maken van de Portal. Randstad vraagt u de Gebruikersvoorwaarden te lezen en - mede namens de Opdrachtgever die u vertegenwoordigt - te accorderen voordat u toegang krijgt tot (meer) informatie op en gebruik kan maken van de Portal. U kunt de Gebruikersvoorwaarden printen of opslaan voor uw eigen administratie.
2.2
Randstad behoudt zich het recht voor deze Gebruikersvoorwaarden op elk gewenst moment en naar eigen inzicht aan te vullen, te wijzigen of te verwijderen. Randstad zal de aangepaste Gebruikersvoorwaarden op de Portal plaatsen. Telkens wanneer u de Portal Insight gebruikt zijn de op dat moment geldende Gebruikersvoorwaarden van toepassing. Het is uw verantwoordelijkheid om van tijd tot tijd te controleren of de Gebruikersvoorwaarden zijn aangepast en kennis te nemen van die aanpassingen.
2.3
Deze Gebruikersvoorwaarden laten onverlet de toepasselijkheid van de overige (algemene en specifieke) voorwaarden die van toepassing zijn op de dienstverlening van Randstad in het kader waarvan u toegang krijgt tot de Portal.
3. Toegang tot de Portal
3.1
U krijgt uitsluitend toegang tot de Portal voor de werkgevers in het kader van uw werkzaamheden voor de Opdrachtgever met wie Randstad samenwerkt. U kunt namens de Opdrachtgever toegang krijgen tot de Portal:
a. indien u namens de Opdrachtgever contacten onderhoudt met Randstad. U krijgt alleen toegang tot die informatie die naar het redelijk oordeel van Randstad voor u relevant is in het kader van de samenwerking tussen de Opdrachtgever en Randstad. Als contactpersoon kunt u om praktische redenen één of meerdere collega's het recht verlenen om de voor u toegankelijke informatie in te zien. U dient echter terughoudend, alleen in het kader van de noodzakelijke uitoefening van de werkzaamheden, met inachtneming van het bepaalde in deze Gebruikersvoorwaarden, met deze bevoegdheid om te gaan; en/of
b. indien een onder a. bedoelde contactpersoon van de Opdrachtgever u (tijdelijk) inzage- en/of gebruiksrecht heeft verleend.
3.2
Door akkoord te gaan met deze Gebruikersvoorwaarden bevestigt u bevoegd te zijn om namens de Opdrachtgever toegang te hebben tot en gebruik te maken van de Portal, deze Gebruikersvoorwaarden te aanvaarden en - indien u een contactpersoon bent als bedoeld in artikel 3.1 sub a - inzage en/of gebruiksrechten te verlenen aan door u aan te wijzen personen. Randstad behoudt zich het recht voor bij de Opdrachtgever of anderszins na te gaan of u hiertoe inderdaad bevoegd bent. Indien u niet meer werkzaam bent bij de Opdrachtgever, bent u per gelijke datum van het einde van de werkzaamheden voor Opdrachtgever niet bevoegd om gebruik te maken van de Portal en dient u zich als zodanig ook af te (laten) melden bij Randstad. ,
3.3
Alvorens toegang te krijgen tot de Portal dient u een account aan te maken.
3.4
U bent volledig verantwoordelijk voor de bescherming van uw accountgegevens en alle activiteiten die uit hoofde van uw account plaatsvinden. U dient uw accountgegevens zorgvuldig te bewaren en niet verder te verspreiden. Indien u bekend wordt met ongeautoriseerd gebruik van uw account(gegevens) of van enige andere inbreuk op de beveiliging van uw account dient u uw contactpersoon bij Randstad hiervan onmiddellijk op de hoogte te stellen. Bent u uw accountgegevens kwijt, dan kunt u die zelf via het inlogscherm van de Portal opnieuw aanvragen.
4. Gebruik van de Portal
4.1
Insight wordt door Randstad beschikbaar gesteld ter ondersteuning van de dienstverlening van Randstad. De Portal kan door u, afhankelijk van de met de Opdrachtgever overeengekomen dienstverlening, gebruikt worden voor: het aanleveren van gegevens, het aangaan van opdrachten, met betrekking tot de dienstverlening van Randstad aan de opdrachtgever in te zien.
4.2
Randstad verstrekt u een persoonlijk, niet exclusief recht om de Portal te gebruiken. Behoudens het in art. 3.1 sub a bepaalde kan dit recht niet worden overgedragen aan een ander.
4.3 U dient alle instructies van Randstad met betrekking tot het gebruik van de Portal en het Materiaal strikt op te volgen. Daarnaast dient u zich bij het gebruik van de Portal en het Materiaal te houden aan de toepasselijke wet- en regelgeving.
4.4
Voor zover u zelf informatie doorgeeft via de Portal of per e-mail dient deze correct en volledig te zijn met uitdrukkelijke toestemming van de betreffende (oud) medewerker. Randstad gaat ervan uit dat de informatie die u doorgeeft correct en volledig is. Op Randstad rust geen verantwoordelijkheid om de door u ingevoerde gegevens op volledigheid of juistheid te controleren. Indien hierover door Randstad toch wordt geadviseerd, dan geschiedt dit onverplicht en zonder aanvaarding van enige aansprakelijkheid hiervoor. U en de Opdrachtgever zijn jegens Randstad aansprakelijk voor schade in verband met het niet juist of volledig zijn van de door u aan Randstad verstrekte informatie en zullen Randstad ter zake vrijwaren.
4.5
Randstad stuurt u in sommige gevallen een e-mailnotificatie, indien nieuwe informatie via de Portal aan u beschikbaar wordt gesteld. U bent er zelf voor verantwoordelijk dat de Portal en uw e-mail regelmatig worden gecontroleerd, ook indien u bijvoorbeeld afwezig bent wegens ziekte, verlof of om andere redenen. In dat geval kunt u een collega tijdelijk het in artikel 3.1 bedoelde recht verlenen. Uw collega ontvangt dan ook de e-mailnotificaties.
4.6 Randstad behoudt zich het recht voor periodiek uw accountgegevens te (laten) wijzigen of - om welke reden dan ook - accounts zonder vooraankondiging te sluiten. Sluiting van het account zal in ieder geval aan de orde zijn:
- indien u of de Opdrachtgever aangeeft dat u niet (langer) bevoegd bent om toegang te hebben tot en gebruik te maken van de Portal;
- indien u zich niet houdt aan het bepaalde in deze Gebruikersvoorwaarden of de wet.
5. Intellectuele eigendomsrechten
5.1
Alle intellectuele eigendomsrechten op de Portal en het Materiaal evenals de eigendomsrechten ten aanzien van de onderliggende werken en uitvindingen komen toe aan Randstad of hun licentiegevers. Behalve voor zover in deze Gebruikersvoorwaarden en de toepasselijke wetgeving anders is bepaald, is het niet toegestaan de Portal en het Materiaal op enigerlei wijze te kopiëren, reproduceren, te publiceren, op te slaan, te bewaren, te wijzigen, te verspreiden en/of anderszins openbaar te maken of te verveelvoudigen zonder voorafgaande schriftelijke toestemming van Randstad.
5.2
Met inachtneming van het bepaalde in artikel 6 van deze Gebruiksvoorwaarden is het toegestaan een kopie van (delen van) de informatie op de Portal en/of deze Gebruikersvoorwaarden te maken en/of op te slaan voor rechtmatig gebruik ten behoeve van de Opdrachtgever. Onder 'rechtmatig gebruik' wordt onder andere begrepen:
- gebruik in verband met de uitvoering van de overeenkomst(en) tussen de Opdrachtgever en Randstad;
- gebruik ter voldoening aan wettelijke (bewaar)verplichtingen van de Opdrachtgever;
- gebruik voor het beperken of vaststellen van (de omvang van) de (inleners- of keten) aansprakelijkheid van de Opdrachtgever.
5.3
De (historische) informatie op de Portal wordt niet onbeperkt voor u getoond en/of bewaard. U en de opdrachtgever zijn zelf verantwoordelijk voor de naleving van de op u/de Opdrachtgever rustende bewaarverplichtingen op grond van wet, regelgeving of overeenkomst. Voor zover deze bewaarplicht zich uitstrekt tot de informatie op de Portal bent u conform artikel 5.2 gerechtigd deze informatie te kopiëren of op te slaan ten behoeve van de Opdrachtgever.
6. Privacy en geheimhouding
6.1
Om u toegang te kunnen verlenen tot de Portal heeft Randstad uw naam, e-mailadres en geslacht nodig. Randstad zal vertrouwelijk met deze gegevens omgaan en deze alleen gebruiken om u in de gelegenheid te stellen een account aan te maken en met u te communiceren over en in het kader van de Portal en de dienstverlening van Randstad aan de Opdrachtgever.
6.2 De informatie op de Portal is van vertrouwelijke aard en bevat persoonsgegevens. U dient zorgvuldig met deze informatie om te gaan. De informatie mag alleen worden gebruikt voor zover dat nodig is voor de doelen waarvoor deze aan u verstrekt wordt, te weten1:
- het plaatsen en afhandelen van aanvragen/opdrachten;
- de totstandkoming, uitvoering en beëindiging van de overeenkomst(en) tussen de Opdrachtgever en Randstad;
- de uitvoering van wet en regelgeving,
- managementinformatie.
Uw verwerking van de informatie dient ook te voldoen aan de toepasselijke wet en regelgeving, waaronder uw verplichtingen onder de Wet Bescherming Persoonsgegevens.
6.3
De informatie op de Portal mag niet ter beschikking worden gesteld aan derden, tenzij dit geschiedt in het kader van de uitvoering van een wettelijke verplichting en/of met toestemming van Randstad. Onder 'derden' worden in dit artikel niet andere contactpersonen als bedoeld in artikel 3.1 sub b verstaan.
6.4
Voor zover de door u verstrekte informatie persoonsgegevens omvat en voor de verstrekking van deze persoonsgegevens uitdrukkelijke toestemming van de betrokkene is vereist, gaat Randstad er van uit dat u over deze toestemming beschikt. U bent jegens Randstad aansprakelijk voor schade als gevolg van het ontbreken van deze toestemming of het anderszins bij het verstrekken en verwerken van de persoonsgegevens niet naleven van de in lid 2 bedoelde wet en regelgeving en u Randstad vrijwaren tegen aanspraken van derden ter zake.
1 Afhankelijk van de aard van de met de Opdrachtgever overeengekomen dienstverlening kunnen alle of meerdere van de genoemde doelen van toepassing zijn.
7. Disclaimer
7.1
De informatie op de Portal is met de grootst mogelijk zorg samengesteld. Niettemin kan Randstad er niet voor instaan dat deze altijd correct, volledig en/of actueel is. Aan de informatie op de Portal kan daarom geen enkel recht worden ontleend. Randstad behoudt zich het recht voor deze informatie zonder vooraankondiging te wijzigen, bijvoorbeeld indien deze onjuist of niet actueel blijkt te zijn.
7.2
Randstad spant zich in om haar website naar behoren te laten functioneren en te beveiligen tegen onbevoegd en/of onrechtmatig gebruik. Randstad kan helaas echter niet instaan voor de ongestoorde werking, beschikbaarheid en beveiliging van Mijn Randstad. De Portal kan tijdelijk niet toegankelijk zijn en/of gebrekkig functioneren, bijvoorbeeld als gevolg van storingen in de telecommunicatievoorzieningen, het medium internet en/of onderhoud van de website. Randstad kan er evenmin voor instaan dat de Portal vrij is van virussen, besmetting of andere schadelijke kenmerken of dat derden, waaronder andere gebruikers, zich onrechtmatig toegang verschaffen tot uw gegevens en deze voor eigen doeleinden gebruiken. Randstad sluit alle aansprakelijkheid voor handelen of nalaten van andere gebruikers van de Portal en derden met betrekking tot of verband houdende met uw gebruik van Insight uit. U gebruikt Insight op eigen risico.
7.3
U bent zelf volledig verantwoordelijk en aansprakelijk voor uw gebruik van de Portal en zult Randstad vrijwaren tegen aanspraken van derden die verband houden met of voortvloeien uit uw gebruik van de Portal en/of van de informatie op de Portal.
8. Toepasselijk recht en bevoegde rechter
Op deze Gebruikersvoorwaarden, uw toegang tot en gebruik van de Portal en alle zaken en geschillen die daarop betrekking hebben is uitsluitend Nederlands recht van toepassing. Uitsluitend de Nederlandse rechter is bevoegd kennis te nemen van geschillen die betrekking hebben op (de interpretatie van) de Gebruikersvoorwaarden, uw toegang tot of gebruik van de Portal en/of de beëindiging daarvan.
Effective May 10th 2018 to May 10th 2018
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Gebruikersvoorwaarden Risesmart-Insight voor werkgevers
1. Definities
Onderstaande begrippen hebben in de Gebruikersvoorwaarden de volgende betekenis:
1.1 Intellectuele eigendomsrechten:
Auteursrechten, octrooirechten, databaserechten, merkrechten, modelrechten, handelsnaamrechten, rechten op ontwerpen, knowhow en vertrouwelijke informatie en alle overige intellectuele eigendomsrechten of vergelijkbare vormen van bescherming in Nederland en elders in de wereld.
1.2 Materiaal:
Alle teksten, software, databestanden, formats, grafische afbeeldingen, foto's, logo's, geluiden, muziek, merken, software, (persoons)gegevens en elk ander door of namens Randstad ontwikkeld materiaal dat onderdeel is van deze Portal alsmede materiaal van derden dat met toestemming van die derden beschikbaar wordt gesteld in deze Portal , met inbegrip van het ontwerp, de structuur, de selectie, rangschikking, 'look en feel' ed. van dergelijk Materiaal.
1.3 Insight:
De beveiligde gedeelten van de websites van Randstad : In deze Gebruikersvoorwaarden wordt gedoeld op de beveiligde gedeelten voor werkgevers, meer in het bijzonder op dat de gedeelten van de websites waarop informatie wordt uitgewisseld over en in het kader van de diensten die Randstad als opdrachtnemer verricht voor/verleent aan de Opdrachtgever.
1.4 Opdrachtgever:
Het bedrijf, dat of de instelling, die gebruik maakt van de dienstverlening van Randstad op het gebied van bemiddeling, ter beschikkingstelling van arbeidskrachten en/of inhuur van zelfstandige opdrachtnemers.
1.5 Randstad:
Randstad Nederland bv en haar dochtermaatschappijen. Randstad Nederland bv is statutair gevestigd te Amsterdam en houdt kantoor te Diemen aan de Diemermere 25. Randstad Nederland bv is geregistreerd bij de Kamer van Koophandel te Amsterdam onder nummer 33149482.
2. Toepasselijkheid
2.1
Deze Gebruikersvoorwaarden zijn van toepassing op elk gebruik van de Portal . Zij vormen de basis waarop u toegang krijgt en gebruik mag maken van de Portal. Randstad vraagt u de Gebruikersvoorwaarden te lezen en - mede namens de Opdrachtgever die u vertegenwoordigt - te accorderen voordat u toegang krijgt tot (meer) informatie op en gebruik kan maken van de Portal. U kunt de Gebruikersvoorwaarden printen of opslaan voor uw eigen administratie.
2.2
Randstad behoudt zich het recht voor deze Gebruikersvoorwaarden op elk gewenst moment en naar eigen inzicht aan te vullen, te wijzigen of te verwijderen. Randstad zal de aangepaste Gebruikersvoorwaarden op de Portal plaatsen. Telkens wanneer u de Portal Insight gebruikt zijn de op dat moment geldende Gebruikersvoorwaarden van toepassing. Het is uw verantwoordelijkheid om van tijd tot tijd te controleren of de Gebruikersvoorwaarden zijn aangepast en kennis te nemen van die aanpassingen.
2.3
Deze Gebruikersvoorwaarden laten onverlet de toepasselijkheid van de overige (algemene en specifieke) voorwaarden die van toepassing zijn op de dienstverlening van Randstad in het kader waarvan u toegang krijgt tot de Portal.
3. Toegang tot de Portal
3.1
U krijgt uitsluitend toegang tot de Portal voor de werkgevers in het kader van uw werkzaamheden voor de Opdrachtgever met wie Randstad samenwerkt. U kunt namens de Opdrachtgever toegang krijgen tot de Portal:
a. indien u namens de Opdrachtgever contacten onderhoudt met Randstad. U krijgt alleen toegang tot die informatie die naar het redelijk oordeel van Randstad voor u relevant is in het kader van de samenwerking tussen de Opdrachtgever en Randstad. Als contactpersoon kunt u om praktische redenen één of meerdere collega's het recht verlenen om de voor u toegankelijke informatie in te zien. U dient echter terughoudend, alleen in het kader van de noodzakelijke uitoefening van de werkzaamheden, met inachtneming van het bepaalde in deze Gebruikersvoorwaarden, met deze bevoegdheid om te gaan; en/of
b. indien een onder a. bedoelde contactpersoon van de Opdrachtgever u (tijdelijk) inzage- en/of gebruiksrecht heeft verleend.
3.2
Door akkoord te gaan met deze Gebruikersvoorwaarden bevestigt u bevoegd te zijn om namens de Opdrachtgever toegang te hebben tot en gebruik te maken van de Portal, deze Gebruikersvoorwaarden te aanvaarden en - indien u een contactpersoon bent als bedoeld in artikel 3.1 sub a - inzage en/of gebruiksrechten te verlenen aan door u aan te wijzen personen. Randstad behoudt zich het recht voor bij de Opdrachtgever of anderszins na te gaan of u hiertoe inderdaad bevoegd bent. Indien u niet meer werkzaam bent bij de Opdrachtgever, bent u per gelijke datum van het einde van de werkzaamheden voor Opdrachtgever niet bevoegd om gebruik te maken van de Portal en dient u zich als zodanig ook af te (laten) melden bij Randstad. ,
3.3
Alvorens toegang te krijgen tot de Portal dient u een account aan te maken.
3.4
U bent volledig verantwoordelijk voor de bescherming van uw accountgegevens en alle activiteiten die uit hoofde van uw account plaatsvinden. U dient uw accountgegevens zorgvuldig te bewaren en niet verder te verspreiden. Indien u bekend wordt met ongeautoriseerd gebruik van uw account(gegevens) of van enige andere inbreuk op de beveiliging van uw account dient u uw contactpersoon bij Randstad hiervan onmiddellijk op de hoogte te stellen. Bent u uw accountgegevens kwijt, dan kunt u die zelf via het inlogscherm van de Portal opnieuw aanvragen.
4. Gebruik van de Portal
4.1
Insight wordt door Randstad beschikbaar gesteld ter ondersteuning van de dienstverlening van Randstad. De Portal kan door u, afhankelijk van de met de Opdrachtgever overeengekomen dienstverlening, gebruikt worden voor: het aanleveren van gegevens, het aangaan van opdrachten, met betrekking tot de dienstverlening van Randstad aan de opdrachtgever in te zien.
4.2
Randstad verstrekt u een persoonlijk, niet exclusief recht om de Portal te gebruiken. Behoudens het in art. 3.1 sub a bepaalde kan dit recht niet worden overgedragen aan een ander.
4.3 U dient alle instructies van Randstad met betrekking tot het gebruik van de Portal en het Materiaal strikt op te volgen. Daarnaast dient u zich bij het gebruik van de Portal en het Materiaal te houden aan de toepasselijke wet- en regelgeving.
4.4
Voor zover u zelf informatie doorgeeft via de Portal of per e-mail dient deze correct en volledig te zijn met uitdrukkelijke toestemming van de betreffende (oud) medewerker. Randstad gaat ervan uit dat de informatie die u doorgeeft correct en volledig is. Op Randstad rust geen verantwoordelijkheid om de door u ingevoerde gegevens op volledigheid of juistheid te controleren. Indien hierover door Randstad toch wordt geadviseerd, dan geschiedt dit onverplicht en zonder aanvaarding van enige aansprakelijkheid hiervoor. U en de Opdrachtgever zijn jegens Randstad aansprakelijk voor schade in verband met het niet juist of volledig zijn van de door u aan Randstad verstrekte informatie en zullen Randstad ter zake vrijwaren.
4.5
Randstad stuurt u in sommige gevallen een e-mailnotificatie, indien nieuwe informatie via de Portal aan u beschikbaar wordt gesteld. U bent er zelf voor verantwoordelijk dat de Portal en uw e-mail regelmatig worden gecontroleerd, ook indien u bijvoorbeeld afwezig bent wegens ziekte, verlof of om andere redenen. In dat geval kunt u een collega tijdelijk het in artikel 3.1 bedoelde recht verlenen. Uw collega ontvangt dan ook de e-mailnotificaties.
4.6 Randstad behoudt zich het recht voor periodiek uw accountgegevens te (laten) wijzigen of - om welke reden dan ook - accounts zonder vooraankondiging te sluiten. Sluiting van het account zal in ieder geval aan de orde zijn:
- indien u of de Opdrachtgever aangeeft dat u niet (langer) bevoegd bent om toegang te hebben tot en gebruik te maken van de Portal;
- indien u zich niet houdt aan het bepaalde in deze Gebruikersvoorwaarden of de wet.
5. Intellectuele eigendomsrechten
5.1
Alle intellectuele eigendomsrechten op de Portal en het Materiaal evenals de eigendomsrechten ten aanzien van de onderliggende werken en uitvindingen komen toe aan Randstad of hun licentiegevers. Behalve voor zover in deze Gebruikersvoorwaarden en de toepasselijke wetgeving anders is bepaald, is het niet toegestaan de Portal en het Materiaal op enigerlei wijze te kopiëren, reproduceren, te publiceren, op te slaan, te bewaren, te wijzigen, te verspreiden en/of anderszins openbaar te maken of te verveelvoudigen zonder voorafgaande schriftelijke toestemming van Randstad.
5.2
Met inachtneming van het bepaalde in artikel 6 van deze Gebruiksvoorwaarden is het toegestaan een kopie van (delen van) de informatie op de Portal en/of deze Gebruikersvoorwaarden te maken en/of op te slaan voor rechtmatig gebruik ten behoeve van de Opdrachtgever. Onder 'rechtmatig gebruik' wordt onder andere begrepen:
- gebruik in verband met de uitvoering van de overeenkomst(en) tussen de Opdrachtgever en Randstad;
- gebruik ter voldoening aan wettelijke (bewaar)verplichtingen van de Opdrachtgever;
- gebruik voor het beperken of vaststellen van (de omvang van) de (inleners- of keten) aansprakelijkheid van de Opdrachtgever.
5.3
De (historische) informatie op de Portal wordt niet onbeperkt voor u getoond en/of bewaard. U en de opdrachtgever zijn zelf verantwoordelijk voor de naleving van de op u/de Opdrachtgever rustende bewaarverplichtingen op grond van wet, regelgeving of overeenkomst. Voor zover deze bewaarplicht zich uitstrekt tot de informatie op de Portal bent u conform artikel 5.2 gerechtigd deze informatie te kopiëren of op te slaan ten behoeve van de Opdrachtgever.
6. Privacy en geheimhouding
6.1
Om u toegang te kunnen verlenen tot de Portal heeft Randstad uw naam, e-mailadres en geslacht nodig. Randstad zal vertrouwelijk met deze gegevens omgaan en deze alleen gebruiken om u in de gelegenheid te stellen een account aan te maken en met u te communiceren over en in het kader van de Portal en de dienstverlening van Randstad aan de Opdrachtgever.
6.2 De informatie op de Portal is van vertrouwelijke aard en bevat persoonsgegevens. U dient zorgvuldig met deze informatie om te gaan. De informatie mag alleen worden gebruikt voor zover dat nodig is voor de doelen waarvoor deze aan u verstrekt wordt, te weten1:
- het plaatsen en afhandelen van aanvragen/opdrachten;
- de totstandkoming, uitvoering en beëindiging van de overeenkomst(en) tussen de Opdrachtgever en Randstad;
- de uitvoering van wet en regelgeving,
- managementinformatie.
Uw verwerking van de informatie dient ook te voldoen aan de toepasselijke wet en regelgeving, waaronder uw verplichtingen onder de Wet Bescherming Persoonsgegevens.
6.3
De informatie op de Portal mag niet ter beschikking worden gesteld aan derden, tenzij dit geschiedt in het kader van de uitvoering van een wettelijke verplichting en/of met toestemming van Randstad. Onder 'derden' worden in dit artikel niet andere contactpersonen als bedoeld in artikel 3.1 sub b verstaan.
6.4
Voor zover de door u verstrekte informatie persoonsgegevens omvat en voor de verstrekking van deze persoonsgegevens uitdrukkelijke toestemming van de betrokkene is vereist, gaat Randstad er van uit dat u over deze toestemming beschikt. U bent jegens Randstad aansprakelijk voor schade als gevolg van het ontbreken van deze toestemming of het anderszins bij het verstrekken en verwerken van de persoonsgegevens niet naleven van de in lid 2 bedoelde wet en regelgeving en u Randstad vrijwaren tegen aanspraken van derden ter zake.
1 Afhankelijk van de aard van de met de Opdrachtgever overeengekomen dienstverlening kunnen alle of meerdere van de genoemde doelen van toepassing zijn.
7. Disclaimer
7.1
De informatie op de Portal is met de grootst mogelijk zorg samengesteld. Niettemin kan Randstad er niet voor instaan dat deze altijd correct, volledig en/of actueel is. Aan de informatie op de Portal kan daarom geen enkel recht worden ontleend. Randstad behoudt zich het recht voor deze informatie zonder vooraankondiging te wijzigen, bijvoorbeeld indien deze onjuist of niet actueel blijkt te zijn.
7.2
Randstad spant zich in om haar website naar behoren te laten functioneren en te beveiligen tegen onbevoegd en/of onrechtmatig gebruik. Randstad kan helaas echter niet instaan voor de ongestoorde werking, beschikbaarheid en beveiliging van Mijn Randstad. De Portal kan tijdelijk niet toegankelijk zijn en/of gebrekkig functioneren, bijvoorbeeld als gevolg van storingen in de telecommunicatievoorzieningen, het medium internet en/of onderhoud van de website. Randstad kan er evenmin voor instaan dat de Portal vrij is van virussen, besmetting of andere schadelijke kenmerken of dat derden, waaronder andere gebruikers, zich onrechtmatig toegang verschaffen tot uw gegevens en deze voor eigen doeleinden gebruiken. Randstad sluit alle aansprakelijkheid voor handelen of nalaten van andere gebruikers van de Portal en derden met betrekking tot of verband houdende met uw gebruik van Insight uit. U gebruikt Insight op eigen risico.
7.3
U bent zelf volledig verantwoordelijk en aansprakelijk voor uw gebruik van de Portal en zult Randstad vrijwaren tegen aanspraken van derden die verband houden met of voortvloeien uit uw gebruik van de Portal en/of van de informatie op de Portal.
8. Toepasselijk recht en bevoegde rechter
Op deze Gebruikersvoorwaarden, uw toegang tot en gebruik van de Portal en alle zaken en geschillen die daarop betrekking hebben is uitsluitend Nederlands recht van toepassing. Uitsluitend de Nederlandse rechter is bevoegd kennis te nemen van geschillen die betrekking hebben op (de interpretatie van) de Gebruikersvoorwaarden, uw toegang tot of gebruik van de Portal en/of de beëindiging daarvan.
Cookie Policy
Effective May 11th 2018
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As a matter of transparency, we stand out here our policy relative to cookies and similar technologies.
What’s a cookie?
A cookie is a short text file created by our website and stocked on your computer. A cookie contains information on your navigation in order to make it more efficient and enjoyable. It is also a way for RiseSmart to assess the performance of its services.
What’s a technique similar to a cookie?
Cookie’s size is limited, and it may be necessary to record a greatest amount of information on your computer. Other techniques exist, such as local storage, and we might use theses in the same conditions we use cookie. Sometimes, it’s your own computer configuration that will compel us to use these technics. Cookies and similar technologies will follow the same rules.
Why do you use cookies and similar techniques?
A Website has no memory: that’s why those informations are stored on your computer for the duration of your navigation or until next visit.
May I block cookies and similar techniques?
Yes. However, this blockage may hinder some functionality: for example, the chat windows from helping desk will not be available.
You will find the blocking procedure related to you browser by following this link: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser
You may also use your browser’s Private Navigation functionality to visit our website.
We do comply with « Do not Track » for optional cookies.
Which cookies are used?
We use sessions, preferences and analytics cookies.
Session cookies allow us to follow your navigation from webpage to webpage, in order to save you from giving the same information for every new webpage, such as you authentication. They are erased at the closing of your browser.
Preference cookies allow us to record the choices you made to customize your navigation, such as your language. They will be stored at the closing of your browser.
Analytic cookies allow us to statistically log how you make use of our website. Those informations are not person-related and are aggregated to every other user information, in order to assess the performance of our website, and improve it.
You may also encounter third parties cookies, corresponding to tools we choose to offer your supplementary functionalities. We do not always have information on thoses. They appear when embed elements such as a video, are on a webpage. You may contact us or the third parties for more information on cookies which are not on the following list:
JSESSIONID, AWSELB register your login on the website.
local_cookie, org.springframework register your langage.
OptanonConsent, OptanonAlertBoxClosed register your consent upon cookies.
_ga, _gid, _gat, gather utilisation statistics.
SnapABugVisit, SnapABugHistory, SnapABugRef allow user assistance by chat.
google.co.uk, doubleclick.net, google.com gather marketing statistics.
Walkme local storage is a local storage dedicated to user guidance.
Zendesk local storage is a local storage dedicated to user support.
local_cookie, org.springframework register your langage.
OptanonConsent, OptanonAlertBoxClosed register your consent upon cookies.
_ga, _gid, _gat, gather utilisation statistics.
SnapABugVisit, SnapABugHistory, SnapABugRef allow user assistance by chat.
google.co.uk, doubleclick.net, google.com gather marketing statistics.
Walkme local storage is a local storage dedicated to user guidance.
Zendesk local storage is a local storage dedicated to user support.
Update:
This policy was approved in January 2018.
It may change in the future, according to new tools, services, or to comply with a legislative change. We advise you to consult it occasionally.
Terms and Conditions
Effective July 27th 2018
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1 Acceptance of Terms
1.1 In the Netherlands Risesmart Technology is provided to you by Randstad. Randstad Randstad (“Randstad”) provides its Service (as defined below) to you through its web site located at www.risesmart.com/nl-nl (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 Randstad may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2 Description of Service
The “Service” includes (a) the Site, (b) Randstad’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3 General Conditions/ Access and Use of the Service
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other websites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices Randstad provides you or publishes in connection with the Service, and you shall promptly notify Randstad if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by Randstad in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Randstad hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Randstad for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Randstad or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker).
Randstad may assume that this is the case with its services. Randstad is authorized, but not obliged, to change, delete or supplement information including information from users that is not correct or complete without prior notice. It is not permitted to send or post messages and / or to upload material with a misleading, abusive, discriminating or otherwise unlawful or - in the opinion of Randstad - indecent or unnecessarily offensive content. Randstad reserves the right not to post such messages and / or uploads or to delete or change without prior notice.
You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support.
Randstad takes security measures to prevent unauthorized access to and use of data in the service. Please be aware that it is impossible to completely avoid of prevent that your data is used unauthorized and / or unlawful or unintentionally affected or lost. Randstad therefore accepts no liability if your data, despite the measures taken, are unintentionally affected or lost or unlawfully or unauthorizedly inspected and / or, unless this is due to the gross negligence or intent of Randstad.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 You acknowledge that a company client of Randstad may engage Randstad to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, Randstad may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Statement for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.7 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.8 You agree that Randstad (a) may establish general rules and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) Randstad has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and Randstad (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Randstad, its users and the public.
4 Termination
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. Randstad reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. Randstad shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
You can not use the service as a repository for unique data or back-up. The information on the service is not shown and saved for you indefinitely. You must take care of an adequate back-up of data yourself. You are also responsible for compliance with your storage obligations under law, regulation or agreement.
If you do not use the service for two years, we will delete your data after two years. You will be notified in advance. TIP: make sure that your data is adequately backed up on time
5 Disclaimers
Randstad is entitled (but not obliged) to adjust the service, for example regarding its business processes or technological developments. In addition, existing functionality can be adjusted, supplemented or deleted. Randstad will, where necessary and possible, inform you in advance about changes that have a significant impact on your collaboration with Randstad.
Randstad will make reasonable efforts to ensure the availability and quality of the service. However, Randstad does not guarantee errors or omissions in the content and the undisturbed operation and availability of the service. Randstad is explicitly not responsible for malfunctions or reduced availability of the service due to force majeure (including malfunctions on the internet, hacking, denial of service attacks) and / or acts or omissions of you or third parties engaged by you and exclude any liability for this.
6 Limitation of liability
Randstad can not be held liable for indirect damage. Any liability will be limited to the amount paid for the service.
7 Indemnification
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service.
8 Governing Law
This TOS shall be governed by the laws of the Netherlands. The District Court of Amsterdam will be competent in any disputes.
Apple-Enabled Software Applications RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “AppleEnabled Software”). Randstad and you acknowledge that this TOS are concluded between Risesmart and you only and not with Apple.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows: support@nl.risesmart.com RiseSmart, Diemermere 25, 1112 TC Diemen. RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
9 Privacy
Through the service and when creating an account for the service, confidential information, including personal data, is processed. Randstad will treat your personal data confidentially. More information can be found in the RiseSmart Technology Privacy Statement.
Voorwaarden RiseSmart Technologie en Samenwerkingsafspraken
Effective July 27th 2018
DownloadTable of Contents
Voorwaarden RiseSmart Technologie
- Aanvaarden van de voorwaarden.
- 1.1 In Nederland wordt de RiseSmart technologie u aangeboden door Randstad. Randstad (“Randstad”) biedt u de RiseSmart Service (“Service”) (zoals hieronder bepaald) via haar website op http://www.RiseSmart.com/nl-nl(de “Website”), overeenkomstig deze Voorwaarden RiseSmart Technology (“voorwaarden”). Door het aanvaarden van deze voorwaarden of door toegang te hebben tot of gebruik te maken van de Service of Website erkent u dat u deze voorwaarden heeft gelezen en begrepen en erkent u hieraan gebonden te zijn. Indien u niet akkoord gaat met deze voorwaarden, hoeft u deze voorwaarden niet te aanvaarden en mag u bijgevolg geen gebruik maken van de Service.
- 1.2 Randstad mag deze voorwaarden van tijd tot tijd zonder voorafgaande mededeling wijzigen. De herziene voorwaarden treden in werking zodra zij zijn gepubliceerd, en indien u na deze datum gebruik maakt van de Service, staat uw gebruik gelijk aan uw goedkeuring van de herziene voorwaarden. Indien u enige wijziging aan deze voorwaarden onaanvaardbaar vindt, is de enige oplossing hiervoor dat u geen toegang niet meer hebt tot en geen gebruik meer maakt van de Service.
- Beschrijving van de Service.
- De “Service” omvat (a) de Site, (b) Randstad services voor outplacement en loopbaanmanagement, en andere gerelateerde services (waaronder file management en analyseservices), en gerelateerde technologieën, en (c) alle software (waaronder de Software, zoals hieronder bepaald), materialen, portals, aanbevelingen, job leads, gegevens, rapporten, teksten, afbeeldingen, geluiden, video, analyses en andere content die beschikbaar is gesteld door het hiervoor genoemde (samen de "Content" genoemd). Nieuwe functies die worden toegevoegd aan de Service of uitbreidingen van de Service zijn ook onderworpen aan deze voorwaarden.
- Algemene voorwaarden / Toegang en Gebruik van de Service.
- 3.1 Overeenkomstig de bepalingen van deze voorwaarden, kunt u enkel toegang krijgen tot en gebruik maken van de Service, indien u deze voorwaarden heeft gelezen en daarmee akkoord bent gegaan. De Service is uitsluitend bedoeld voor eigen persoonlijk gebruik. Alle rechten, eigendomstitels en belangen in de Service en de onderdelen ervan blijven bij en behoren uitsluitend toe aan Randstad. Het is verboden (a) de Service in sublicentie te geven, door te verkopen, te verhuren, te leasen, over te dragen, toe te wijzen of op andere wijze commercieel te exploiteren of beschikbaar te stellen aan een derde; (b) de Service te gebruiken op een onwettige manier (met inbegrip van, zonder daartoe beperkt te zijn, schending van wetgeving inzake gegevens-, privacybescherming ) of op enige manier die de integriteit of werking van de Service of onderdelen ervan belemmert of verstoort; (c) de Service te wijzigen, aan te passen of te hacken, of op andere wijze te trachten ongeoorloofde toegang te krijgen tot de Service of de hiermee gerelateerde systemen of netwerken; of (d) Content te gebruiken op andere websites of andere media (bv. een netwerkomgeving). U dient zich te houden aan deze voorwaarden, toepasselijke wet- en regelgeving en alle instructies of andere richtlijnen die Randstad u verschaft of publiceert in samenhang met de Service, en u dient Randstad onverwijld te informeren in het geval van een beveiligingsprobleem in verband met de Service. Indien u van bepaalde diensten gebruik maakt, bent u bovendien onderworpen aan alle bijkomende voorwaarden die op deze diensten van toepassing zijn en die van tijd tot tijd op de website gepubliceerd kunnen worden, met inbegrip van, zonder hiertoe beperkt te zijn, het Privacystatement RiseSmart Technologie van Randstad. Randstad behoudt zich het recht voor de Service zonder vooraankondiging te sluiten, indien u zich niet houdt aan het bepaalde in deze voorwaarden of de wet. Daarnaast is Randstad gerechtigd de Service) te sluiten indien u een bepaalde tijd geen gebruik meer hebt gemaakt van de Service.
- 3.2 Alle software die beschikbaar wordt gesteld door Randstad in samenhang met de Service (“Software”) bevat informatie waarop eigendomsrechten berusten en vertrouwelijke informatie die wordt beschermd door de toepasselijke wetgeving inzake intellectuele eigendom en andere wetgeving. Overeenkomstig de bepalingen van deze voorwaarden verleent Randstad u hierbij een persoonlijk, niet-overdraagbaar, niet in sublicentie te geven en niet-exclusief recht en licentie de objectcode van de Software op slechts één enkel toestel in verband met de Service te gebruiken op voorwaarde dat u (of een door u daartoe in staat gestelde/aangewezen derde) geen van de broncodes probeert te ontdekken, kopieert, wijzigt, gebruikt om een afgeleid product te maken of ontleedt om hem na te kunnen maken of enig recht op de software verkoopt, toekent, in sublicentie geeft, of anderszins de rechten erop overdraagt. U stemt ermee in dat u geen toegang probeert te krijgen tot de Service op andere manieren dan via de interface die door Randstad wordt geboden om toegang te krijgen tot de Service. Alle rechten die hierbij niet uitdrukkelijk verleend zijn, zijn voorbehouden en er wordt u in verband met de Service geen licentie of recht verleend om gebruik te maken van het handelsmerk van Randstad of RiseSmart of welke derde dan ook.
- 3.3 U bent volledig verantwoordelijk voor alle gegevens, informatie, feedback, suggesties, teksten, content en andere materialen die u uploadt, post, levert, verstrekt of op andere wijze verzendt of opslaat (hierna “verzend(en)(ing)”) in verband met of met betrekking tot de Service ("Uw Content"). U verklaart en garandeert hierbij dat de Inhoud die door u in verband met de Service wordt verzonden, correct, , , relevant en volledig is (met inbegrip van uw CV, biografische gegevens en tewerkstellingsinformatie, wanneer u de Service gebruikt als werkzoekende). Randstad mag er bij haar dienstverlening vanuit gaan dat dit het geval is. Randstad is bevoegd maar niet verplicht om informatie waaronder informatie van gebruikers, die niet (meer) juist of volledig blijkt te zijn zonder vooraankondiging te verwijderen, te wijzigen of aan te vullen. Het is niet toegestaan berichten te verzenden of te plaatsen en/of materiaal te uploaden met een misleidende, beledigende, discriminerende of anderszins onrechtmatige of – naar de mening van Randstad – onbehoorlijke of onnodig krenkende inhoud. Randstad behoudt zich het recht voor dergelijke berichten en/of uploads niet te plaatsen of zonder vooraankondiging te verwijderen of te wijzigen.
U bent verantwoordelijk voor het behoud van de vertrouwelijkheid van uw login, wachtwoord en account en voor alle activiteiten die zich voordoen onder uw login of account. Randstad behoudt zich het recht voor toegang te hebben tot uw account om te reageren op uw verzoeken om technische ondersteuning. Randstad neemt beveiligingsmaatregelen om ongeautoriseerde toegang tot en gebruik van gegevens in de Service te voorkomen.
U dient zicht ervan bewust te zijn dat het onmogelijk is om volledig uit te sluiten dat
uw gegevens onbevoegd en/of onrechtmatig worden gebruikt of ongewild worden aangetast of verloren gaan. Randstad aanvaardt dan ook geen aansprakelijkheid indien uw gegevens, ondanks de genomen maatregelen, ongewild worden aangetast of verloren gaan dan wel onrechtmatig of onbevoegd worden ingezien en/of, tenzij dit te wijten is aan de grove schuld of opzet van Randstad.
- 3.4 U begrijpt dat de werking van de Service, inclusief Uw Content, ongecodeerd mag zijn en onderworpen mag zijn aan (a) transmissies over verschillende netwerken, (b) veranderingen om te beantwoorden aan en zich aan te passen aan technische vereisten voor het aansluiten van netwerken of toestellen, (c) overdracht naar derdenleveranciers en hostingpartners van RiseSmart om de benodigde hardware, software, netwerken, opslag en aanverwante technologie te leveren die nodig zijn om de Service te bedienen en onderhouden, en (d) overdracht aan andere derden in verband met de verlening van de Service aan u. Bijgevolg erkent u dat u de enige verantwoordelijkheid voor voldoende beveiliging, bescherming en back-up van Uw Content draagt. RiseSmart draagt geen aansprakelijkheid jegens u voor onbevoegde toegang tot of gebruik van Uw Content, of enige beschadiging, verwijdering, vernietiging of verlies van Uw Content.
- 3.5 Indien u werkzoekende bent, stemt u er bovendien mee in af te gaan op uw eigen oordeelsvermogen, behoedzaamheid en gezond verstand bij de beoordeling van mogelijke werkgevers en informatie die door deze of via Service wordt verstrekt en dat u uitsluitend het risico draagt van het vertrouwen dat u stelt in of het gebruik dat u maakt van de Content (met inbegrip van job leads of aanbevelingen) die door de Service wordt verschaft.
- 3.7 U erkent dat een opdrachtgever van Randstad Randstad mag inschakelen voor bijstand bij de zoektocht naar werk voor hun huidige en/of vorige werknemers via de Service. ("Opdrachtgeverovereenkomsten"). Indien u gebruik maakt van de Service overeenkomstig een Opdrachtgeverovereenkomst, kan Randstad voortgangsrapporten en andere informatie waarmee u geïdentificeerd wordt ter beschikking stellen van de opdrachtgever en aangeven welk gebruik u maakt van de Service, wat de reikwijdte is van uw gebruik van de Service, wat uw mijlpaalvooruitgang en status van zoektocht naar een job is, wat uw klantentevredenheid of andere feedback is betreffende de Dienst, en dit voor elke gebruiker individueel of voor meerdere samengenomen. Zie ook het Privacystatement RiseSmart Technologie oor meer informatie over het verzamelen, gebruiken en delen door Randstad van informatie die u en opdrachtgevers verschaffen met betrekking tot de Opdrachtgeverovereenkomst.
- 3.8 Indien u gebruik maakt van de Service krachtens een Opdrachtgeverovereenkomst, erkent u dat de Service die u ter beschikking is gesteld in geen geval de reikwijdte, duur of andere beperkingen overschrijden van de Opdrachtgeverovereenkomst krachtens welke u toegang hebt gekregen tot de Service.
- 3.9 U stemt ermee in dat Randstad (a) algemene regels en beperkingen mag vastleggen betreffende het gebruik van de Service, met inbegrip van, maar niet beperkt tot, de maximale tijdsduur dat de Content door de Service wordt bewaard en de maximale opslagruimte die u wordt toegekend, (b) dat Randstad iseSmart geen verantwoordelijkheid of aansprakelijkheid draagt voor het verwijderen of niet opslaan van Content die wordt bewaard en geüpload naar de Service, en (c) dat Randstad Content mag bewaren en openbaar maken indien zij hiertoe bij wet verplicht wordt of indien dit noodzakelijk is om: (i) te voldoen aan juridische procedures, toepasselijke wetgeving of verzoeken van de overheid; (ii) deze voorwaarden af te dwingen; (iii) antwoord te geven op eisen volgens welke Content de rechten van derden zou schenden; of (iv) de rechten, eigendom of persoonlijke veiligheid van Randstad, haar gebruikers en het publiek te beschermen.
- Beëindiging.
- U hebt het recht uw account op elk moment stop te zetten overeenkomstig de procedures die beschreven staan op de Website of die u afzonderlijk zijn overhandigd, in voorkomend geval. Indien u gebruik maakt van de Service in het kader van een Opdrachtgeverovereenkomst, erkent u dat uw toegang tot dergelijke Service zal eindigen wanneer de Opdrachtgeverovereenkomst vervalt of ten einde komt. Randstad behoudt zich het recht voor (i) de Service (of een deel ervan) te wijzigen of, tijdelijk of permanent, te onderbreken en (ii) alle huidig of toekomstig gebruik van de Service te weigeren, uw account (of een deel ervan) of gebruik van de Service op te schorten of te beëindigen en Uw Content op de Service te verwijderen, voor welke reden dan ook, waaronder indien RiseSmart meent dat u deze voorwaarden heeft geschonden. RiseSmart is niet aansprakelijk jegens u of een derde voor enige wijziging, opschorting of stopzetting van de Service.
U kan de Service niet gebruiken als opslagplaats van unieke gegevens of back-up daarvan. De informatie op de Service wordt niet onbeperkt voor u getoond en bewaard. U dient zelf zorg te dragen voor een adequate back-up van gegevens. U bent daarnaast zelf verantwoordelijk voor de naleving van op u rustende bewaarverplichtingen op grond van wet, regelgeving of overeenkomst.
Als u twee jaar lang geen gebruik maakt van de Service zullen wij na twee jaar uw gegevens verwijderen. Hiervan word u van tevoren op de hoogte gesteld.
TIP: zorg op tijd voor een adequate back-up van uw gegevens..
- DISCLAIMER.
Randstad is gerechtigd (maar niet verplicht) de Service aan te passen, onder meer in verband met haar bedrijfsprocessen of technologische ontwikkelingen. Daarbij kan bestaande functionaliteit worden aangepast, aangevuld of verwijderd. Randstad zal u, waar nodig en mogelijk, vooraf informeren omtrent aanpassingen, die een wezenlijke impact hebben op uw samenwerking met Randstad.
- . Randstad zal zich redelijkerwijs inspannen om de beschikbaarheid en kwaliteit van de Service te waarborgen. Randstad staat echter niet in voor fouten of weglatingen in de content en de ongestoorde werking en beschikbaarheid van de Service. Randstad is uitdrukkelijk niet verantwoordelijk voor storingen of verminderde beschikbaarheid van de Service door overmacht (waaronder begrepen storingen op het internet, hacking, denial of service attacks) en/of door handelen of nalaten van uzelf of door u ingeschakelde derden en sluit iedere aansprakelijkheid daarvoor uit.
- BEPERKING VAN AANSPRAKELIJKHEID.
- 8.1 Randstad kan geenzins aansprakelijk worden gesteld voor indirecte schade. Eventuele aansprakelijkheid zal beperkt zijn tot het bedrag dat betaald is voor de Service.
- Schadeloosstelling.
- U dient RiseSmart te behoeden, schadeloos te stellen en te vrijwaren tegen alle aanspraken, gerechtelijke procedures of eisen, die voortvloeien uit uw verbreking van deze voorwaarden, Uw Content, of uw toegang tot, bijdrage tot, gebruik of misbruik van de Service.
- Toepasselijk Recht.
- Op deze voorwaarden is Nederlands recht van toepassing. Bij eventuele geschillen zal de rechtbank van Amsterdam bevoegd zijn
- 1. Apple-compatibele softwareapplicaties
- RiseSmart biedt softwareapplicaties die bedoeld zijn om om te worden aangestuurd op producten die commercieel verkrijgbaar zijn bij Apple Inc. (“Apple”), naast andere platformen. Betreffende de Software die ter beschikking is gesteld voor gebruik in samenhang met een product van het merk Apple. Randstad en (erkennen dat deze voorwaarden uitsluitend tussen RiseSmart en u wordt afgesloten, en niet met Apple.
- Indien u vragen, klachten of schade-eisen hebt met betrekking tot de Apple-compatibele Software, kunt u deze als volgt richten aan RiseSmart:
- user.support@risesmart.com
- RiseSmart, Inc.
- 55 Almaden Boulevard, Suite 800
- San Jose, CA 95113
- Randstad en u erkennen en komen overeen dat Apple, en de dochterondernemingen van Apple, derden-begunstigden van deze voorwaarden zijn met betrekking tot de Apple-compatibele Software, en dat Apple op grond van uw aanvaarding van de bepalingen van deze voorwaarden het recht (aanvaard) heeft in haar hoedanigheid van derde-begunstigde om deze voorwaarden met betrekking tot de Apple-compatibele Software jegens u te handhaven.
Privacy
Via de Service en bij het aanmaken van een account voor de Service wordt vertrouwelijke informatie, waaronder persoonsgegevens, verwerkt. Randstad zal je persoonsgegevens vertrouwelijk behandelen. Meer informatie hierover vind je in het Privacystatement RiseSmart Technologie.
Samenwerkingsafspraken
Deze samenwerkingsafspraken zijn van toepassing op de verhouding tussen Randstad HR Solutions enerzijds en de door haar te begeleiden en/of te bemiddelen kandidaat anderzijds. In deze regels is vastgelegd wat partijen met betrekking tot deze begeleiding en/of bemiddeling van elkaar mogen verwachten alsmede welke voorschriften zij hierbij jegens elkaar in acht zullen nemen.
- In deze samenwerkingsafspraken gelden de volgende definities:
Randstad HR Solutions: Randstad HR Solutions, een onderneming van Randstad HR Solutions bv, statutair gevestigd te Amsterdam. begeleiding en/of bemiddeling: de dienstverlening van Randstad HR Solutions, bestaande uit begeleidings- en/of arbeidsbemiddelingsactiviteiten in de ruimste zin des woords, zoals coaching, loopbaanbegeleiding, bemiddeling naar een andere functie bij dezelfde of een andere werkgever (outplacement) en re-integratie. kandidaat: de natuurlijke persoon ten behoeve van wie Randstad HR Solutions - op grond van een daartoe strekkende overeenkomst van opdracht met de opdrachtgever - de begeleidings- en/of bemiddelingsactiviteiten verricht. Omwille van de leesbaarheid wordt steeds gesproken over "hij". Hiermee wordt natuurlijk ook bedoeld "zij". opdrachtgever: de natuurlijke of rechtspersoon bij wie de kandidaat in dienst is of was dan wel de uitkeringsinstantie, die ten behoeve van de kandidaat gebruik maakt van de diensten van Randstad HR Solutions. adviseur: de contactpersoon van Randstad HR Solutions, die de begeleiding en/of bemiddeling voor de kandidaat primair verzorgt. - Deelname van de kandidaat aan het begeleidings- en/of bemiddelingstraject is doorgaans gebaseerd op een bij de opdrachtgever geldende CAO en/of Sociaal Plan, wet en regelgeving of een individuele afspraak tussen de kandidaat en de opdrachtgever. Uit die regelingen en/of afspraken kunnen voor de kandidaat verplichtingen met betrekking tot het begeleidings- en/of bemiddelingstraject voortvloeien jegens de opdrachtgever. Randstad HR Solutions is geen partij bij voornoemde regelingen en afspraken en is jegens de kandidaat niet verantwoordelijk en aansprakelijk voor beslissingen en maatregelen van de opdrachtgever als (voormalig) werkgever van de kandidaat. Randstad HR Solutions is jegens de kandidaat evenmin verantwoordelijk voor de eventueel door de opdrachtgever gemaakte keuzes ten aanzien van de (duur en inhoud van de) begeleidings- en/of bemiddelingsactiviteiten.
- De adviseur zal zich in de relatie tot de kandidaat en de opdrachtgever onafhankelijk en integer opstellen. Teneinde deze onafhankelijke positie te kunnen waarborgen zal Randstad HR Solutions ervoor waken dat in haar relatie met de opdrachtgever andere belangen dan die van de uitvoering van de opdracht tot begeleiding en/of bemiddeling zelf een rol zullen spelen.
- Aan de kandidaat zullen geen kosten voor de begeleiding en/of bemiddeling in rekening worden gebracht. Deze kosten worden door Randstad HR Solutions in rekening gebracht bij de opdrachtgever. Reis-, verblijf- en portokosten die door de kandidaat worden gemaakt in verband met sollicitaties, het bijwonen van bijeenkomsten en/of overige activiteiten in het kader van de begeleiding en/of bemiddeling komen voor rekening van de kandidaat, tenzij tussen de kandidaat en de opdrachtgever is overeengekomen dat deze kosten door de opdrachtgever worden vergoed.
- Randstad HR Solutions zal zich tot het uiterste inspannen om een optimale bijdrage te leveren aan de door de kandidaat en opdrachtgever aangegeven doelstellingen van de begeleiding en/of bemiddeling. Randstad HR Solutions zal de kandidaat verwijzen naar andere disciplines, indien en zodra dit voor de belangen van de kandidaat wenselijk is. De kandidaat beslist, zo nodig na overleg met de opdrachtgever, of inderdaad wordt overgegaan tot inschakeling van andere disciplines. De kosten van de dienstverlening door andere disciplines komen voor rekening van de kandidaat, tenzij tussen de kandidaat en de opdrachtgever is overeengekomen dat deze kosten door de opdrachtgever worden vergoed.
- Randstad HR Solutions zal, behoudens het in artikel 9 bepaalde, wisseling van adviseurs tijdens (individuele onderdelen van) het traject zo veel mogelijk proberen te voorkomen. Randstad HR Solutions kan echter niet garanderen dat de kandidaat steeds door dezelfde adviseurs wordt begeleid en/of bemiddeld. De kandidaat heeft het recht om gedurende de looptijd van het begeleidings- en/of bemiddelingstraject van adviseur te wisselen. Indien de kandidaat van adviseur wenst te wisselen zal hij daartoe een schriftelijk - gemotiveerd - verzoek bij Randstad HR Solutions indienen.
- De duur van het begeleidings- en/of bemiddelingstraject wordt overeengekomen tussen Randstad HR Solutions en de opdrachtgever. Het staat Randstad HR Solutions niet vrij de begeleiding en/of bemiddeling tijdens de opdracht eenzijdig te beperken, op te schorten of te beëindigen, tenzij zich een omstandigheid voordoet als bedoeld in de artikelen 9 t/m 11 van deze samenwerkingsafspraken of de opdrachtgever zijn verplichtingen jegens Randstad HR Solutions niet (tijdig) nakomt. De kandidaat is jegens Randstad HR Solutions niet verplicht het begeleidings- en/of bemiddelingsprogramma volledig af te ronden. De kandidaat dient er echter rekening mee te houden dat een onderbreking of tussentijdse beëindiging van het traject door schuld of toedoen van de kandidaat wel kan leiden tot maatregelen of sancties van de opdrachtgever met betrekking tot de arbeidsovereenkomst/ arbeidsvoorwaarden (daaronder begrepen eventueel door de opdrachtgever verschuldigde vergoedingen) en/of de uitkering van de kandidaat. Randstad HR Solutions is jegens de kandidaat niet verantwoordelijk voor dergelijke gevolgen.
- Van de kandidaat wordt een goede motivatie en maximale inzet verwacht om de doelstellingen van de begeleiding en/of bemiddeling te realiseren. Dit betekent onder meer dat hij, behoudens overmacht, op een constructieve wijze zal deelnemen aan alle onderdelen van het begeleidings- en/of bemiddelingsprogramma. Indien de kandidaat wegens ziekte, arbeidsongeschiktheid, vakantie of andere bijzondere omstandigheden niet in staat is om enige bijeenkomst of activiteit (daaronder begrepen een gesprek met de adviseur) bij te wonen dient hij dit, voor zover redelijkerwijs mogelijk, uiterlijk 24 uur voor aanvang van de bijeenkomst of activiteit bij Randstad HR Solutions te melden. Deze meldingsplicht bij Randstad HR Solutions laat onverlet de verplichting van de kandidaat om zich ziek te melden en/of verlof aan te vragen bij de opdrachtgever en/of de uitkeringsinstantie. Randstad HR Solutions is gerechtigd de (reden van) afwezigheid te registreren en de opdrachtgever hiervan op de hoogte te stellen, met inachtneming van het in artikel 12 bepaalde Indien de begeleiding en bemiddeling (mede) gericht is op het vinden van een andere passende baan (bij de opdrachtgever of elders) wordt van de kandidaat verwacht dat hij zelf actief zal solliciteren naar en dat hij ingaat op aanbiedingen voor passende functies, zoals omschreven in i) de voor de kandidaat geldende CAO, Sociaal Plan en/of andere contractuele afspraken tussen de kandidaat en de opdrachtgever, ii) wet- en regelgeving (daaronder begrepen beleidsregels van uitkeringsinstanties en rechtspraak) en/of iii) contractuele afspraken tussen de kandidaat en Randstad HR Solutions. Afhankelijk van de afspraken met de opdrachtgever kan dit ook betekenen dat de kandidaat ingaat op een functie van tijdelijke aard, een functie op een lager niveau en/of een functie met een lager salaris.
- Indien de kandidaat bij herhaling adviezen van de adviseur niet opvolgt, onvoldoende motivatie toont of zich anderszins niet aan de in deze samenwerkingsafspraken omschreven verplichtingen houdt, heeft Randstad HR Solutions - behoudens andersluidende afspraken met de opdrachtgever - het recht een andere adviseur in te schakelen dan wel de begeleiding en/of bemiddeling eenzijdig - geheel dan wel gedeeltelijk - op te schorten of te beëindigen. Randstad HR Solutions zal hiertoe niet overgaan dan nadat zij haar voornemen daartoe heeft besproken met tenminste één collega-adviseur, de kandidaat en de opdrachtgever. Een besluit tot beperking, opschorting of beëindiging wordt schriftelijk bevestigd aan de kandidaat en de opdrachtgever.
- Van de kandidaat en de opdrachtgever wordt verwacht dat zij de adviseur - binnen de grenzen van de Algemene Verordening Gegevensbescherming (AVG) en aanverwante wet en regelgeving - alle gegevens verstrekken, die relevant zijn in het kader van de begeleiding en/of bemiddeling. Randstad HR Solutions gaat ervan uit dat de verstrekte informatie juist en volledig is. Indien later blijkt dat dit niet het geval is geweest en zulks een belemmering vormt om de begeleiding en/of bemiddeling op een goede manier te kunnen uitvoeren, heeft Randstad HR Solutions het recht de begeleiding en/of bemiddeling - geheel dan wel gedeeltelijk - te beperken, op te schorten of te beëindigen.
- Randstad HR Solutions is gerechtigd de begeleiding en/of bemiddeling geheel dan wel gedeeltelijk op te schorten, indien de kandidaat wegens ziekte, zwangerschap en/of andere bijzondere omstandigheden niet in staat is om (actief) deel te nemen aan (onderdelen van) het begeleidings- en/of bemiddelingsprogramma. Randstad HR Solutions zal niet overgaan tot opschorting alvorens zij haar voornemen tot opschorting heeft besproken met de kandidaat en de opdrachtgever. De voor de kandidaat geldende CAO, Sociaal Plan, overige afspraken met de opdrachtgever of wet en regelgeving (daaronder begrepen beleidsregels) kunnen aan opschorting van het traject in de weg staan.
- Randstad HR Solutions beschikt over een Privacybeleid en zal bij de uitvoering van het begeleidings- en bemiddelingstraject de inhoud van dit beleid, de Algemene Verordening Gegevensverwerking (AVG) en aanverwante wet- en regelgeving in acht nemen. De gegevens van de kandidaat zullen vertrouwelijk worden behandeld. Randstad HR Solutions is - met inachtneming van het hiervoor bepaalde - gerechtigd de opdrachtgever periodiek te informeren omtrent het plan van aanpak, de voortgang en de uitkomst van de begeleiding- en of bemiddeling. De kandidaat heeft het recht deze rapportages, voor zover betrekking hebbend op zijn persoon, in te zien en hiervan desgevraagd een afschrift te ontvangen. Randstad kan in uitzonderlijke gevallen op grond van wettelijke verplichtingen, zonder toestemming van de kandidaat informatie verstrekken aan derden. Vanzelfsprekend zal Randstad de kandidaat hierover informeren. De adviseur zal bevorderen dat de rapportage met de opdrachtgever wordt besproken in aanwezigheid van de kandidaat, indien dit van belang is voor de voortgang van de begeleiding en/of bemiddeling.
- Randstad HR Solutions beschikt over een klachten/geschillenreglement. In dit reglement wordt aangegeven op welke wijze de kandidaat klachten omtrent het handelen van Randstad HR Solutions aan de orde kan stellen. Het reglement is zichtbaar op Randstad.nl. Het bestaan van een klachtenprocedure bij Randstad HR Solutions laat onverlet eventuele bij de opdrachtgever geldende klachtenregelingen, daaronder begrepen klachtenprocedures in het kader van een CAO of Sociaal Plan. In het onverhoopte geval dat de afhandeling van de klacht via de reguliere geschillenregeling niet tot een bevredigende oplossing heeft geleid, staat het de kandidaat vrij beroep in te stellen bij de Oval.
Terms and Conditions
Effective December 14th 2018
DownloadTable of Contents
TERMS & CONDITIONS
- Acceptance of Terms.
1.1 RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 RiseSmart may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to monitor the Service, Content, or Your Content. RiseSmart does not screen or monitor any of Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and RiseSmart, even though it is electronic and is not physically signed by you and RiseSmart, and it governs your use of the Service and takes the place of any prior agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. We reserve the right to change RiseSmart’s prices. If RiseSmart does, RiseSmart will provide notice of the change on the Site or in email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service, RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of this TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign this TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer this TOS, in whole or in part, without restriction.
11. Governing Law.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
Privacy Policy
Effective December 14th 2018
DownloadTable of Contents
PRIVACY POLICY
RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to its Terms of Service (located at http://www.RiseSmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted and otherwise used in connection with the Service.
Your Consent
By using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart.
RiseSmart may receive from you:
- your name, recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in job searching; and
- information on your customer satisfaction or other feedback about the job search and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through your activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, mis-use, disclosure or other loss related to your Personal Data or other information.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service (including in connection with a Company Client Engagement), you are consenting to RiseSmart’s use of your Personal Data in accordance with this Privacy Policy. If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or its current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself or such information may be included in databases owned and maintained by RiseSmart’s affiliates, agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as discussed above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart use cookies, RiseSmart will not collect Personal Data except with your permission.
We may (and we may allow third party service providers to) use such cookies or other technologies to collect information about your browsing activities over time and across different websites following your use of the Services. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement as a job seeker, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users and improve the Service.
- As RiseSmart develops its business,RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners, and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. In pursuit of current accuracy of your Personal Data and other information on file, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account, and confirm or correct the information.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. Please keep this in mind when disclosing any Personal Data or other information to RiseSmart via the Internet.
Links to Other Web Sites
This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Exclusions
This Privacy Policy does not apply to any Personal Data collected by RiseSmart other than Personal Data collected through the Service. This Privacy Policy shall not apply to any unsolicited information you provide to RiseSmart through the Service or through any other means. This includes, but is not limited to, information posted to public areas of the Service, if any (“Public Areas”), any ideas for new products or modifications to existing products or services and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and RiseSmart shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Daniel Davenport, VP – Operations
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
- See more at: http://www.risesmart.com/privacy-policy#sthash.oeSkCk0Q.dpuf
Terms and Conditions
Effective December 14th 2018
DownloadTable of Contents
TERMS & CONDITIONS
- Acceptance of Terms.
1.1 RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 RiseSmart may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to monitor the Service, Content, or Your Content. RiseSmart does not screen or monitor any of Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and RiseSmart, even though it is electronic and is not physically signed by you and RiseSmart, and it governs your use of the Service and takes the place of any prior agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. We reserve the right to change RiseSmart’s prices. If RiseSmart does, RiseSmart will provide notice of the change on the Site or in email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service, RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of this TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign this TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer this TOS, in whole or in part, without restriction.
11. Governing Law.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
Privacy Policy
Effective December 14th 2018
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PRIVACY POLICY
RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to its Terms of Service (located at http://www.RiseSmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted and otherwise used in connection with the Service.
Your Consent
By using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart.
RiseSmart may receive from you:
- your name, recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in job searching; and
- information on your customer satisfaction or other feedback about the job search and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through your activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, mis-use, disclosure or other loss related to your Personal Data or other information.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service (including in connection with a Company Client Engagement), you are consenting to RiseSmart’s use of your Personal Data in accordance with this Privacy Policy. If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or its current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself or such information may be included in databases owned and maintained by RiseSmart’s affiliates, agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as discussed above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart use cookies, RiseSmart will not collect Personal Data except with your permission.
We may (and we may allow third party service providers to) use such cookies or other technologies to collect information about your browsing activities over time and across different websites following your use of the Services. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement as a job seeker, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users and improve the Service.
- As RiseSmart develops its business,RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners, and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. In pursuit of current accuracy of your Personal Data and other information on file, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account, and confirm or correct the information.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. Please keep this in mind when disclosing any Personal Data or other information to RiseSmart via the Internet.
Links to Other Web Sites
This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Exclusions
This Privacy Policy does not apply to any Personal Data collected by RiseSmart other than Personal Data collected through the Service. This Privacy Policy shall not apply to any unsolicited information you provide to RiseSmart through the Service or through any other means. This includes, but is not limited to, information posted to public areas of the Service, if any (“Public Areas”), any ideas for new products or modifications to existing products or services and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and RiseSmart shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Daniel Davenport, VP – Operations
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
- See more at: http://www.risesmart.com/privacy-policy#sthash.oeSkCk0Q.dpuf
Terms and Conditions (Test Tenant placeholder)
Effective February 6th 2019
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TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 RiseSmart, Inc. and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.RiseSmart.com) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your résumé, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorized RiseSmart to provide to you.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes of any jurisdiction, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your résumé, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING, WITHOUT LIMITATION, JOB AND CAREER DEVLEOPMENT LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER OR CAREER DEVELOPMENT SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS OR OTHER INFORMATION WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT OR CAREER DELVEOPMENT THROUGH THE USE OF THE SERVICE, OR THAT ANY EMPLOYMENT OR CAREER DEVELOPMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU. Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at user.support@risesmart.com (subject line: “DMCA Takedown Request”). You may also contact RiseSmart by mail at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that RiseSmart may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Effective January 18, 2019
Privacy Policy (Test Tenant Placeholder)
Effective February 6th 2019
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc. and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.RiseSmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.RiseSmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for all information collected and processed through the Service. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted and otherwise used in connection with the Service. Anonymous data, which may be collected during your use of the Service, is not included in “Personal Data.”
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through your activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart use cookies, RiseSmart will not collect Personal Data except with your permission.
RiseSmart may (and may allow third party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners, and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account, and confirm or correct the information.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from, children under 13.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 18, 2019
Terms and Conditions
Effective October 4th 2021
DownloadTable of Contents
terms of service
1. acceptance of the terms
this website is provided to you by Randstad Risesmart AB (“randstad risesmart”), 556517-7143. by accepting these terms of service (“tos”) or by using the website, you unconditionally agree with these tos. randstad risesmart reserves the right to change the content of these tos. when using the website, the current tos as stated on the website, are always applicable.
2. description of the service
randstad risesmart provides outplacement-, career management-, assessment & competence- and employability services. the service includes (a) the website, (b) randstad risesmart’s outplacement-, career management-, assessment & competence- and employability services, related technologies, applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services) and other related services (including file management and analytics services), and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing. for the performance of the service, randstad risesmart makes use of risesmart technology, which is provided by RiseSmart, Inc. any new features added to or augmenting the service are also subject to these tos, randstad risesmart’s privacy notice and cookie notice.
3. general conditions access & use of the services
3.1 subject to the terms and conditions of these tos, you may access and use the service only for lawful purposes. all rights, title and interest in and to the service and its components will remain with and belong exclusively to randstad risesmart.
you shall not (a) sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the service available to any third party; (b) use the service in any unlawful manner (including without limitation in violation of any data, privacy or intellectual property law) or in any manner that interferes with or disrupts the integrity or performance of the service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the service or its
related systems or networks; or (d) use any content on other web sites or any media (e.g., a networking environment). you shall comply with any codes of conduct, policies or other notices randstad risesmart provides you or publishes in connection with the service, and you shall promptly notify randstad risesmart if you learn of a security breach related to the service. in addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the service from
time to time, including, without limitation, randstad risesmart’s privacy notice and cookie notice.
3.2 any software that may be made available by randstad risesmart in connection with the service (“software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. subject to the terms and conditions of these tos, randstad risesmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the software on a single device solely in connection with the service. you agree not to access the service by any means other than through the interface that is provided by randstad risesmart for use in accessing the service.
3.3 you are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the service (“your content”). you hereby represent and warrant that your content transmitted by you with respect to the service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the service as a job seeker). you are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. randstad risesmart reserves the right to access your account in order to respond to your requests for technical support. by transmitting your content on or through the service, you hereby do and shall grant randstad risesmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform your content in connection with the service.
you further agree that randstad risesmart may remove or disable any content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.
3.4 you understand that the operation of the service, including your content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to randstad risesmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the service, and (d) transmission to other third parties in connection with the provision to you of the service. accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your content. randstad risesmart will have no liability to you for any unauthorized access or use of any of your content, or any corruption, deletion, destruction or loss of any of your content.
3.5 if you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the service and that you bear the sole risk of any reliance or use of any content (including any job leads or recommendations) provided through the service.
3.6 the failure of randstad risesmart to exercise or enforce any right or provision of these tos shall not be a waiver of that right.
3.7 you acknowledge that a client of randstad risesmart may engage randstad risesmart to assist its current and/or former employees’ search for employment through the service (“client agreement”).
3.8 if you are using the service pursuant to a client agreement, you acknowledge that the service made available to you will in no event exceed the scope, duration or other limits of the client agreement pursuant to which you are granted access to the service.
3.9 you agree that randstad risesmart (a) may establish general practices and limits concerning use of the service, including without limitation the maximum period of time that content will be retained by the service and the maximum storage space that will be allotted on your behalf, (b) randstad risesmart has no responsibility or liability for the deletion or failure to store any content maintained by or uploaded to the service, and (c) may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws; (ii) enforce these tos; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of randstad risesmart, its users and the public.
4. representations and warranties.
in connection with your use, you agree not to: violate any rules of regulations including, but not limited to anti-discrimination, or equal opportunity laws; infringe any intellectual property and privacy rights, including, but not limited to copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, fraudulent, breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the website, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by randstad risesmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials; violate other's privacy rights or personal rights by abusing the materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the website; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the website or any material without randstad risesmarts's prior written consent; access or attempt to access any account or login of any third party listed on the website; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
5. termination.
if you are using the service pursuant to a client agreement, you acknowledge that your access to such service will expire upon the expiration or termination of the client agreement. randstad risesmart reserves the right to (i) modify or discontinue, temporarily or permanently, the service (or any part thereof) and (ii) refuse any and all current and future use of the service, suspend or terminate your account (any part thereof) or use of the service and remove and discard any of your content in the service, for any reason, including if randstad risesmart believes that you have violated these tos.
randstad risesmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the service.
randstad risesmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by randstad risesmart.
all of your content on the service (if any) may be permanently deleted by randstad risesmart upon any termination of your account in its sole discretion.
6. disclaimer
randstad risesmart does not warrant that the service will be uninterrupted, timely, secure, error-free or virus free and no information, advice or services obtained by you from randstad risesmart through the service shall create any warranty not expressly stated in these tos.
under no circumstances will randstad risesmart be liable in any way for any content or materials of any third parties (including users).
7. apple-enabled software applications
randstad risesmart offers software applications that are intended to be operated in connection with products made commercially available by apple inc. (“apple”), among other platforms. with respect to software that is made available for your use in connection with an apple-branded product (such software, “appleenabled software”), in addition to the other terms and conditions set forth in these tos, the following terms and conditions apply:
randstad risesmart and you acknowledge that these tos are concluded between randstad risesmart and you only, and not with apple, and that as between randstad risesmart and apple, randstad risesmart, not apple, is solely responsible for the apple-enabled software and the content thereof. you may not use the apple-enabled software in any manner that is in violation of or inconsistent with the usage rules set forth for apple-enabled software in, or otherwise be in conflict with, the app store terms of service.
8. links to other sites.
the Service may contain links to third party web sites. these links are provided solely as a convenience to you and not as an endorsement by randstad risesmart of the contents on such third-party web sites. randstad risesmart is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. if you decide to access linked third-party web sites, you do so at your own risk.
9. mobile devices.
if you use the service through a mobile device, you agree that information about your use of the service through your mobile device and carrier may be communicated to randstad risesmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the service through a mobile device may cause data to be displayed on and through your mobile device. by accessing the service using a mobile device, you represent that to the extent you import any of your randstad risesmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to
another party) and failure to do so is your responsibility. you acknowledge you are responsible for all charges and necessary permissions related to accessing the service through your mobile device and provider.
10. dispute
any dispute, controversy or claim arising out of or in connection with these tos, or the breach, termination or invalidity thereof, with regards to an individual in a consumer relationship with randstad risesmart, shall at all times be in accordance with applicable Swedish legislation and be settled by the swedish court, with stockholm district court as the first instance.
any dispute, controversy or claim arising out of or in connection with these tos, or the breach, termination or invalidity thereof, with regards to a client agreement, or an individual that is using the service pursuant to a client agreement, shall be finally settled by arbitration administered by the arbitration institute of the Stockholm Chamber of Commerce (the “SCC”).
the rules for expedited arbitrations shall apply where the amount in dispute does not exceed SEK 2,000,000. Where the amount in dispute exceeds SEK 2,000,000 the arbitration rules shall apply and the arbitral tribunal shall be composed of three arbitrators. the amount in dispute includes the claims made in the request for arbitration and any counterclaims made in the answer to the request for arbitration.
the seat of arbitration shall be stockholm. the language to be used in the arbitral proceeding shall be swedish. these tos shall be governed by the substantive law of sweden.
randstad risesmart shall nevertheless always have the right to present claims to a general court for undisputed overdue claims.
Effective February 23rd 2019 to October 4th 2021
DownloadTable of Contents
Terms of Service
1. Acceptance of the terms
This website is provided to you by Antenn Consulting AB (“Antenn”), 556517-7143. By accepting these Terms of Service (“TOS”) or by using the website, you unconditionally agree with these TOS. Antenn reserves the right to change the content of these TOS. When using the website, the current TOS as stated on the website, are always applicable.
2. Description of the Service
Antenn provides outplacement-, career management-, assessment & competence- and employability services. The Service includes (a) the website, (b) Antenn’s outplacement-, career management-, assessment & competence- and employability services, related technologies, applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services) and other related services (including file management and analytics services), and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing. For the performance of the Service, Antenn makes use of RiseSmart Technology, which is provided by RiseSmart, Inc. Any new features added to or augmenting the Service are also subject to these TOS, Antenn’s Privacy Notice and Cookie Notice.
3. General conditions access & use of the services
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Antenn.
You shall not (a) sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or intellectual property law) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its
related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices Antenn provides you or publishes in connection with the Service, and you shall promptly notify Antenn if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from
time to time, including, without limitation, Antenn’s Privacy Notice and Cookie Notice.
3.2 Any software that may be made available by Antenn in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, Antenn hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by Antenn for use in accessing the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Antenn reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant Antenn a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service.
You further agree that Antenn may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to Antenn’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Antenn will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of Antenn to exercise or enforce any right or provision of these TOS shall not be a waiver of that right.
3.7 You acknowledge that a Client of Antenn may engage Antenn to assist its current and/or former employees’ search for employment through the Service (“Client Agreement”).
3.8 If you are using the Service pursuant to a Client Agreement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Client Agreement pursuant to which you are granted access to the Service.
3.9 You agree that Antenn (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) Antenn has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws; (ii) enforce these TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Antenn, its users and the public.
4. Representations and Warranties.
In connection with your use, you agree NOT to: violate any rules of regulations including, but not limited to anti-discrimination, or equal opportunity laws; infringe any intellectual property and privacy rights, including, but not limited to copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, fraudulent, breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the website, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by Antenn, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the website; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the website or any Material without Antenns's prior written consent; access or attempt to access any account or login of any third party listed on the website; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
5. Termination.
If you are using the Service pursuant to a Client Agreement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Client Agreement. Antenn reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Antenn believes that you have violated these TOS.
Antenn shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
Antenn will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Antenn.
All of Your Content on the Service (if any) may be permanently deleted by Antenn upon any termination of your account in its sole discretion.
6. Disclaimer
Antenn does not warrant that the service will be uninterrupted, timely, secure, error-free or virus free and no information, advice or services obtained by you from Antenn through the service shall create any warranty not expressly stated in these TOS.
Under no circumstances will Antenn be liable in any way for any content or materials of any third parties (including users).
7. Apple-Enabled Software Applications
Antenn offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is
made available for your use in connection with an Apple-branded product (such Software, “AppleEnabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
Antenn and you acknowledge that these TOS are concluded between Antenn and you only, and not with Apple, and that as between Antenn and Apple, Antenn, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
8. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Antenn of the contents on such third-party web sites. Antenn is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
9. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to Antenn, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your Antenn data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to
another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider.
9. Dispute
Any dispute, controversy or claim arising out of or in connection with these TOS, or the breach, termination or invalidity thereof, with regards to an individual in a consumer relationship with Antenn, shall at all times be in accordance with applicable Swedish legislation and be settled by the Swedish court, with Stockholm district court as the first instance.
Any dispute, controversy or claim arising out of or in connection with these TOS, or the breach, termination or invalidity thereof, with regards to a Client Agreement, or an individual that is using the Service pursuant to a Client Agreement, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).
The Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed SEK 2,000,000. Where the amount in dispute exceeds SEK 2,000,000 the Arbitration Rules shall apply and the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration.
The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceeding shall be Swedish. These TOS shall be governed by the substantive law of Sweden.
Antenn shall nevertheless always have the right to present claims to a general court for undisputed overdue claims.
Terms and Conditions
Effective October 4th 2021
DownloadTable of Contents
terms of service
1. acceptance of the terms
this website is provided to you by Randstad Risesmart AB (“randstad risesmart”), 556517-7143. by accepting these terms of service (“tos”) or by using the website, you unconditionally agree with these tos. randstad risesmart reserves the right to change the content of these tos. when using the website, the current tos as stated on the website, are always applicable.
2. description of the service
randstad risesmart provides outplacement-, career management-, assessment & competence- and employability services. the service includes (a) the website, (b) randstad risesmart’s outplacement-, career management-, assessment & competence- and employability services, related technologies, applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services) and other related services (including file management and analytics services), and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing. for the performance of the service, randstad risesmart makes use of risesmart technology, which is provided by RiseSmart, Inc. any new features added to or augmenting the service are also subject to these tos, randstad risesmart’s privacy notice and cookie notice.
3. general conditions access & use of the services
3.1 subject to the terms and conditions of these tos, you may access and use the service only for lawful purposes. all rights, title and interest in and to the service and its components will remain with and belong exclusively to randstad risesmart.
you shall not (a) sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the service available to any third party; (b) use the service in any unlawful manner (including without limitation in violation of any data, privacy or intellectual property law) or in any manner that interferes with or disrupts the integrity or performance of the service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the service or its
related systems or networks; or (d) use any content on other web sites or any media (e.g., a networking environment). you shall comply with any codes of conduct, policies or other notices randstad risesmart provides you or publishes in connection with the service, and you shall promptly notify randstad risesmart if you learn of a security breach related to the service. in addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the service from
time to time, including, without limitation, randstad risesmart’s privacy notice and cookie notice.
3.2 any software that may be made available by randstad risesmart in connection with the service (“software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. subject to the terms and conditions of these tos, randstad risesmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the software on a single device solely in connection with the service. you agree not to access the service by any means other than through the interface that is provided by randstad risesmart for use in accessing the service.
3.3 you are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the service (“your content”). you hereby represent and warrant that your content transmitted by you with respect to the service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the service as a job seeker). you are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. randstad risesmart reserves the right to access your account in order to respond to your requests for technical support. by transmitting your content on or through the service, you hereby do and shall grant randstad risesmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform your content in connection with the service.
you further agree that randstad risesmart may remove or disable any content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.
3.4 you understand that the operation of the service, including your content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to randstad risesmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the service, and (d) transmission to other third parties in connection with the provision to you of the service. accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your content. randstad risesmart will have no liability to you for any unauthorized access or use of any of your content, or any corruption, deletion, destruction or loss of any of your content.
3.5 if you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the service and that you bear the sole risk of any reliance or use of any content (including any job leads or recommendations) provided through the service.
3.6 the failure of randstad risesmart to exercise or enforce any right or provision of these tos shall not be a waiver of that right.
3.7 you acknowledge that a client of randstad risesmart may engage randstad risesmart to assist its current and/or former employees’ search for employment through the service (“client agreement”).
3.8 if you are using the service pursuant to a client agreement, you acknowledge that the service made available to you will in no event exceed the scope, duration or other limits of the client agreement pursuant to which you are granted access to the service.
3.9 you agree that randstad risesmart (a) may establish general practices and limits concerning use of the service, including without limitation the maximum period of time that content will be retained by the service and the maximum storage space that will be allotted on your behalf, (b) randstad risesmart has no responsibility or liability for the deletion or failure to store any content maintained by or uploaded to the service, and (c) may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws; (ii) enforce these tos; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of randstad risesmart, its users and the public.
4. representations and warranties.
in connection with your use, you agree not to: violate any rules of regulations including, but not limited to anti-discrimination, or equal opportunity laws; infringe any intellectual property and privacy rights, including, but not limited to copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, fraudulent, breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the website, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by randstad risesmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials; violate other's privacy rights or personal rights by abusing the materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the website; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the website or any material without randstad risesmarts's prior written consent; access or attempt to access any account or login of any third party listed on the website; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
5. termination.
if you are using the service pursuant to a client agreement, you acknowledge that your access to such service will expire upon the expiration or termination of the client agreement. randstad risesmart reserves the right to (i) modify or discontinue, temporarily or permanently, the service (or any part thereof) and (ii) refuse any and all current and future use of the service, suspend or terminate your account (any part thereof) or use of the service and remove and discard any of your content in the service, for any reason, including if randstad risesmart believes that you have violated these tos.
randstad risesmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the service.
randstad risesmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by randstad risesmart.
all of your content on the service (if any) may be permanently deleted by randstad risesmart upon any termination of your account in its sole discretion.
6. disclaimer
randstad risesmart does not warrant that the service will be uninterrupted, timely, secure, error-free or virus free and no information, advice or services obtained by you from randstad risesmart through the service shall create any warranty not expressly stated in these tos.
under no circumstances will randstad risesmart be liable in any way for any content or materials of any third parties (including users).
7. apple-enabled software applications
randstad risesmart offers software applications that are intended to be operated in connection with products made commercially available by apple inc. (“apple”), among other platforms. with respect to software that is made available for your use in connection with an apple-branded product (such software, “appleenabled software”), in addition to the other terms and conditions set forth in these tos, the following terms and conditions apply:
randstad risesmart and you acknowledge that these tos are concluded between randstad risesmart and you only, and not with apple, and that as between randstad risesmart and apple, randstad risesmart, not apple, is solely responsible for the apple-enabled software and the content thereof. you may not use the apple-enabled software in any manner that is in violation of or inconsistent with the usage rules set forth for apple-enabled software in, or otherwise be in conflict with, the app store terms of service.
8. links to other sites.
the Service may contain links to third party web sites. these links are provided solely as a convenience to you and not as an endorsement by randstad risesmart of the contents on such third-party web sites. randstad risesmart is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. if you decide to access linked third-party web sites, you do so at your own risk.
9. mobile devices.
if you use the service through a mobile device, you agree that information about your use of the service through your mobile device and carrier may be communicated to randstad risesmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the service through a mobile device may cause data to be displayed on and through your mobile device. by accessing the service using a mobile device, you represent that to the extent you import any of your randstad risesmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to
another party) and failure to do so is your responsibility. you acknowledge you are responsible for all charges and necessary permissions related to accessing the service through your mobile device and provider.
10. dispute
any dispute, controversy or claim arising out of or in connection with these tos, or the breach, termination or invalidity thereof, with regards to an individual in a consumer relationship with randstad risesmart, shall at all times be in accordance with applicable Swedish legislation and be settled by the swedish court, with stockholm district court as the first instance.
any dispute, controversy or claim arising out of or in connection with these tos, or the breach, termination or invalidity thereof, with regards to a client agreement, or an individual that is using the service pursuant to a client agreement, shall be finally settled by arbitration administered by the arbitration institute of the Stockholm Chamber of Commerce (the “SCC”).
the rules for expedited arbitrations shall apply where the amount in dispute does not exceed SEK 2,000,000. Where the amount in dispute exceeds SEK 2,000,000 the arbitration rules shall apply and the arbitral tribunal shall be composed of three arbitrators. the amount in dispute includes the claims made in the request for arbitration and any counterclaims made in the answer to the request for arbitration.
the seat of arbitration shall be stockholm. the language to be used in the arbitral proceeding shall be swedish. these tos shall be governed by the substantive law of sweden.
randstad risesmart shall nevertheless always have the right to present claims to a general court for undisputed overdue claims.
Effective February 23rd 2019 to October 4th 2021
DownloadTable of Contents
Terms of Service
1. Acceptance of the terms
This website is provided to you by Antenn Consulting AB (“Antenn”), 556517-7143. By accepting these Terms of Service (“TOS”) or by using the website, you unconditionally agree with these TOS. Antenn reserves the right to change the content of these TOS. When using the website, the current TOS as stated on the website, are always applicable.
2. Description of the Service
Antenn provides outplacement-, career management-, assessment & competence- and employability services. The Service includes (a) the website, (b) Antenn’s outplacement-, career management-, assessment & competence- and employability services, related technologies, applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services) and other related services (including file management and analytics services), and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing. For the performance of the Service, Antenn makes use of RiseSmart Technology, which is provided by RiseSmart, Inc. Any new features added to or augmenting the Service are also subject to these TOS, Antenn’s Privacy Notice and Cookie Notice.
3. General conditions access & use of the services
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Antenn.
You shall not (a) sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or intellectual property law) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its
related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices Antenn provides you or publishes in connection with the Service, and you shall promptly notify Antenn if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from
time to time, including, without limitation, Antenn’s Privacy Notice and Cookie Notice.
3.2 Any software that may be made available by Antenn in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, Antenn hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by Antenn for use in accessing the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Antenn reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant Antenn a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service.
You further agree that Antenn may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to Antenn’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Antenn will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of Antenn to exercise or enforce any right or provision of these TOS shall not be a waiver of that right.
3.7 You acknowledge that a Client of Antenn may engage Antenn to assist its current and/or former employees’ search for employment through the Service (“Client Agreement”).
3.8 If you are using the Service pursuant to a Client Agreement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Client Agreement pursuant to which you are granted access to the Service.
3.9 You agree that Antenn (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) Antenn has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws; (ii) enforce these TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Antenn, its users and the public.
4. Representations and Warranties.
In connection with your use, you agree NOT to: violate any rules of regulations including, but not limited to anti-discrimination, or equal opportunity laws; infringe any intellectual property and privacy rights, including, but not limited to copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, fraudulent, breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the website, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by Antenn, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the website; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the website or any Material without Antenns's prior written consent; access or attempt to access any account or login of any third party listed on the website; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
5. Termination.
If you are using the Service pursuant to a Client Agreement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Client Agreement. Antenn reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Antenn believes that you have violated these TOS.
Antenn shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
Antenn will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Antenn.
All of Your Content on the Service (if any) may be permanently deleted by Antenn upon any termination of your account in its sole discretion.
6. Disclaimer
Antenn does not warrant that the service will be uninterrupted, timely, secure, error-free or virus free and no information, advice or services obtained by you from Antenn through the service shall create any warranty not expressly stated in these TOS.
Under no circumstances will Antenn be liable in any way for any content or materials of any third parties (including users).
7. Apple-Enabled Software Applications
Antenn offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is
made available for your use in connection with an Apple-branded product (such Software, “AppleEnabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
Antenn and you acknowledge that these TOS are concluded between Antenn and you only, and not with Apple, and that as between Antenn and Apple, Antenn, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
8. Links to Other Sites.
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Användarvillkor
Effective October 4th 2021
DownloadTable of Contents
användarvillkor
1. godkännande av villkoren
denna webbplats tillhandahålls till dig av Randstad RiseSmart AB (”randstad risesmart”), 556517-7143. genom att godkänna dessa användarvillkor (”användarvillkoren”) eller genom att använda webbplatsen, godkänner du dessa användarvillkor villkorslöst. randstad risesmart förbehåller sig rätten att ändra innehållet i dessa användarvillkor. när du använder webbplatsen tillämpas alltid den aktuella versionen av användarvillkoren som finns på webbplatsen.
2. tjänstebeskrivning
randstad risesmart erbjuder omställnings-, karriär-, lednings-, utvärderings- och kompetens- samt anställbarhetstjänster. tjänsten omfattar (a) webbplatsen, (b) Randstad risesmarts omställnings-, karriär-, lednings-, utvärderings- och kompetens- samt anställbarhetstjänster, relaterade tekniker, applikationer (inklusive men inte begränsat till, applikationer och tjänster som nås via något mobilt eller annat gränssnitt som ger dig åtkomst till sådana applikationer och tjänster) och andra relaterade tjänster (inklusive filhantering och analystjänster) och (c) alla programvaror, material, portaler, rekommendationer, jobbuppslag, data, rapporter, texter, bilder, ljud, videor, analyser och annat innehåll som görs tillgängligt genom något av ovanstående. för utförandet av tjänsten använder sig randstad risesmart av risesmart technology, som tillhandahålls av RiseSmart, Inc. alla nya funktioner som läggs till eller som tjänsten utökas med är också föremål för dessa användarvillkor samt randstad risesmarts integritetspolicy och randstad risesmarts policy för cookies.
3. allmänna villkor för åtkomst och användning av tjänsterna
3.1 du har tillstånd att bereda dig åtkomst till och använda tjänsten endast i lagliga syften och föremål för villkoren och bestämmelserna i dessa användarvillkor. alla rättigheter, äganderätter och intressen i och till tjänsten och dess komponenter kommer fortsätta att vara randstad risesmarts exklusiva egendom.
du får inte (a) underlicensiera, återförsälja, hyra ut, leasa, överlåta, tilldela eller på annat sätt kommersiellt exploatera eller göra tjänsten tillgänglig för någon tredje part; (b) använda tjänsten på något olagligt sätt (inklusive och utan begränsning i strid med någon data-, integritets- eller immaterialrättslig lagstiftning) eller på något sätt som hindrar eller stör tjänstens eller dess komponenters integritet eller prestanda, (c) modifiera, anpassa eller hacka tjänsten för att, eller i övrigt, försöka få otillåten åtkomst till tjänsten eller dess relaterade system eller nätverk; eller (d) använda något innehåll på andra webbplatser eller media (t.ex. en nätverksmiljö). du ska följa alla uppförandekoder, policyer eller andra meddelanden som randstad risesmart förser dig med eller publicerar i samband med tjänsten och du ska utan dröjsmål meddela randstad risesmart om du får kännedom om en säkerhetsöverträdelse relaterad till tjänsten. du kommer vid användning av vissa tjänster även att omfattas av ytterligare villkor som gäller för dessa tjänster och som kan publiceras i tjänsten från tid till annan, inklusive men inte begränsat till, randstad risesmarts integritetspolicy och randstad risesmarts policy för cookies.
3.2 all programvara som kan göras tillgänglig av randstad risesmart i samband med tjänsten (”programvaran”) innehåller skyddad och konfidentiell information som omfattas av tillämpliga immaterialrättsliga lagar och andra lagar. föremål för villkoren och bestämmelserna i dessa användarvillkor, beviljar randstad risesmart dig härmed en personlig, ej överlåtbar, ej underlicensierbar och icke-exklusiv rätt och licens för att använda programvaran på en enda enhet och endast i samband med tjänsten. du samtycker till att inte bereda dig åtkomst till tjänsten på något annat sätt än via det gränssnitt som tillhandahålls av randstad risesmart för åtkomst till tjänsten.
3.3 du är ensamt ansvarig för alla data och förslag och all information, feedback och text samt allt innehåll och annat material som du laddar upp, postar, levererar, tillhandahåller eller på annat sätt överför eller lagrar (hädanefter hänvisat till som ”överföra” eller ”överföring”) i samband med eller relaterat till tjänsten (”ditt innehåll”). du intygar härmed och garanterar att ditt innehåll som överförs av dig avseende tjänsten kommer att vara korrekt, sann och fullständig (inklusive avseende ditt cv, dina biografiska data och din anställningsinformation, om du använder tjänsten som arbetssökande). du ansvarar för att upprätthålla konfidentialiteten för dina inloggningsuppgifter, ditt lösenord och ditt konto samt för alla aktiviteter som sker under din inloggning eller på ditt konto. randstad risesmart förbehåller sig rätten att bereda sig åtkomst till ditt konto för att svara på dina förfrågningar om teknisk support. genom att överföra ditt innehåll i eller via tjänsten, beviljar du härmed randstad risesmart en global, icke-exklusiv, evig, oåterkallelig, royaltyfri, fullt betald, underlicensierbar och överlåtbar licens för att använda, modifiera, reproducera, distribuera, visa, publicera och spela upp ditt innehåll i samband med tjänsten.
du godkänner vidare att randstad risesmart kan ta bort eller inaktivera allt innehåll när som helst och av vilken anledning som helst (inklusive, men inte begränsat till, vid mottagande av anspråk eller anklagelser från tredje parter eller myndigheter relaterade till sådant innehåll) eller utan någon som helst anledning.
3.4 du är införstådd med att driften av tjänsten, inklusive ditt innehåll, kan vara okrypterad och involvera (a) överföringar över olika nätverk, (b) ändringar för att uppfylla kraven för och anpassa sig till tekniska krav som ställs av anslutande nätverk eller enheter, (c) överföring till randstad risesmarts tredjepartsleverantörer och värdpartners för att tillhandahålla nödvändig maskinvara, programvara, nätverk, lagring och relaterad teknik som krävs för att driva och underhålla tjänsten, och (d) överföring till andra tredje parter i samband med tillhandahållandet av tjänsten till dig. i enlighet med detta samtycker du till att du ensam bär ansvaret för att ditt innehåll omfattas av tillräcklig säkerhet, skydd och säkerhetskopiering. randstad risesmart har inget ansvar gentemot dig beträffande obehörig åtkomst till eller användning av något av ditt innehåll eller för korruption, radering, destruktion eller förlust av något av ditt innehåll.
3.5 om du är arbetssökande, samtycker du vidare till att använda ditt eget omdöme och sunda förnuft samt försiktighet när det gäller att hantera arbetstillfällen och information som erbjuds av eller erhålls genom tjänsten och att du bär hela risken för all tillit till eller användning av något innehåll (inklusive eventuella jobbuppslag eller -rekommendationer) som tillhandahålls genom tjänsten.
3.6 randstad risesmarts underlåtenhet att utöva eller genomdriva någon rättighet eller bestämmelse i dessa användarvillkor medför inte att randstad risesmart avstår från denna rättighet.
3.7 du samtycker till att en kund till randstad risesmart i samband med ett kundavtal (”kundavtal”) kan anlita randstad risesmart för att hjälpa kundens nuvarande och/eller tidigare anställda att söka anställning genom tjänsten.
3.8 om du använder tjänsten i enlighet med ett kundavtal, samtycker du till att den tjänst som görs tillgänglig för dig under inga omständigheter kommer att överskrida omfattningen, varaktigheten eller andra begränsningar i det kundavtal enligt vilket du beviljas åtkomst till tjänsten.
3.9 du samtycker till att randstad risesmart (a) kan fastställa allmän praxis och begränsningar för användningen av tjänsten, inklusive och utan begränsning till, den längsta tid som innehållet kommer att sparas av tjänsten och det maximala lagringsutrymme som kommer att tilldelas för din räkning, (b) att randstad risesmart inte har något skadeståndsansvar eller annat ansvar för radering eller underlåtenhet att lagra innehåll som förvaras i eller laddas upp till tjänsten, och (c) att randstad risesmart får spara innehåll och också utelämna innehåll om så krävs enligt lag eller om så sker i god tro om att sådan lagring eller sådant utlämnande rimligen är nödvändigt för att: (i) efterleva en juridisk process eller tillämpliga lagar; (ii) verkställa dessa användarvillkor; (iii) svara på anspråk rörande att något innehåll kränker tredje parts rättigheter; eller (iv) skydda randstad risesmarts, dess användares och allmänhetens rättigheter, egendom eller personliga säkerhet.
4. utfästelser och garantier
i samband med din användning samtycker du till att inte: bryta mot några regler i förordningar inklusive men inte begränsat till, lagar mot diskriminering; kränka immateriella- och integritetsrättigheter, inklusive men inte begränsat till, upphovsrätt, varumärken eller affärshemligheter tillhörande någon tredje part; ladda upp, posta, överföra eller lagra något material som är olagligt, bedrägligt eller bryter mot någon av dina avtals- eller sekretessåtaganden, eller hindrar eller stör den normala verksamheten på webbplatsen, som att posta eller överföra virus, kontinuerligt posta repetitiva material eller posta en onormalt stor belastning eller annat som inte tillåts av randstad risesmart, inklusive men inte begränsat till, ej godkänt annonsmaterial och oönskat reklammaterial; kränka andras integritetsrättigheter eller personliga rättigheter genom att missbruka materialet, inklusive men inte begränsat till, att trakassera eller förfölja en annan person, skicka oönskad e-post och samla in andras personliga information; bryta mot eller försöka bryta mot några säkerhetsåtgärder på webbplatsen; använda en enhet, process eller mekanism för att till exempel med spindlar eller bottar övervaka, hämta, söka på eller bereda dig åtkomst till webbplatsen eller något material utan randstad risesmarts föregående skriftliga medgivande; bereda dig åtkomst till eller försöka få åtkomst till konto eller inloggningsuppgifter tillhörande tredje part som är listad på webbplatsen; posta eller skicka oriktig, falsk eller ofullständig information, till exempel i ditt cv, dina biografiska uppgifter eller din anställningsinformation; utge dig för att vara någon annan person eller entitet; förfalska rubrikinformation i elektronisk post eller e-post eller ge en felaktig bild av dig själv, din anknytning till någon tredje part eller din självständighet.
5. uppsägning
om du använder tjänsten i anslutning till ett kundavtal, samtycker du till att din åtkomst till tjänsten löper ut när kundavtalet löper ut eller sägs upp. randstad risesmart förbehåller sig rätten att (i) tillfälligt eller permanent modifiera eller avbryta tjänsten (eller en del därav) och (ii) utesluta dig från aktuell och framtida användning av tjänsten, tillfälligt stänga av eller avsluta ditt konto (eller en del därav) eller din användning av tjänsten och ta bort och kassera allt ditt innehåll i tjänsten, oavsett anledning, inklusive om randstad risesmart anser att du har brutit mot dessa användarvillkor.
randstad risesmart kan inte hållas ansvarig gentemot dig eller någon tredje part för modifiering, tillfällig avstängning eller upphörande av tjänsten.
randstad risesmart kommer att göra välvilliga ansträngningar för att kontakta dig i syfte att förvarna dig om randstad risesmarts uppsägning eller tillfälliga avstängning av ditt konto.
allt ditt innehåll i tjänsten (om något) kan raderas permanent av randstad risesmart efter eget gottfinnande vid uppsägning av ditt konto.
6. ansvarsbegränsning
randstad risesmart garanterar inte att tjänsten kommer att vara oavbruten, i tid, säker, felfri eller virusfri och ingen information, rådgivning eller tjänst som du erhåller från randstad risesmart via tjänsten ska utgöra någon garanti som inte uttryckligen anges i dessa användarvillkor.
randstad risesmart kan under inga omständigheter hållas ansvarig för något innehåll eller material från tredje part (inklusive användare).
7. apple-anpassade programvaruapplikationer
randstad risesmart erbjuder programvaruapplikationer som är avsedda att användas i samband med produkter som görs kommersiellt tillgängliga av apple inc. (”apple”), bland andra plattformar. för programvara som görs tillgänglig för din användning i samband med en apple-produkt (sådan programvara omnämns som ”apple-anpassad programvara”) gäller, utöver de övriga villkor och bestämmelser som redovisas i dessa användarvillkor, följande villkor och bestämmelser:
randstad risesmart och du bekräftar att dessa användarvillkor endast ingås mellan randstad risesmart och dig, och inte med apple, och att mellan randstad risesmart och apple är randstad risesmart, inte apple, ensamt ansvarig för den apple-anpassade programvaran och dess innehåll. du får inte använda den apple-anpassade programvaran på något sätt som bryter mot eller är oförenligt med de användningsvillkor som anges för apple-anpassad programvara i, eller i övrigt bryta mot, app stores användarvillkor.
8. länkar till andra webbplatser
tjänsten kan innehålla länkar till tredje parters webbplatser. dessa länkar tillhandahålls endast som en bekvämlighet för dig och innebär inte att randstad risesmart har godkänt innehållet på sådana tredje parters webbplatser. randstad risesmart ansvarar inte för innehållet på länkade tredje parters webbplatser och gör inte några utfästelser beträffande innehållet i eller riktigheten hos material på sådana tredje parters webbplatser. om du bestämmer dig för att besöka länkade webbplatser från tredje parter gör du det på egen risk.
9. mobila enheter
om du använder tjänsten via en mobil enhet godkänner du att information om din användning av tjänsten via din mobila enhet och operatör kan förmedlas till randstad risesmart, inklusive men inte begränsat till din mobiloperatör, din mobila enhet och din fysiska plats. dessutom kan användning av tjänsten via en mobil enhet medföra att data visas på och via din mobila enhet. genom att bereda dig åtkomst till tjänsten med en mobil enhet, intygar du att i den utsträckning du importerar några av dina randstad risesmart-data till din mobila enhet, har du behörighet att dela dessa data med din mobiloperatör eller annan åtkomstleverantör. i händelse av att du ändrar eller inaktiverar din mobila enhet/ditt konto måste du säkerställa att ditt konto (och eventuella relaterade meddelanden (efter vad som är tillämpligt)), inte är åtkomliga för någon annan part (eller skickas till någon annan part) och underlåtenhet att göra detta faller på ditt ansvar. du samtycker till att du är ansvarig för alla avgifter och nödvändiga tillstånd i samband med åtkomst till tjänsten via din mobila enhet och leverantör.
10. tvist
alla tvister, kontroverser eller anspråk som uppstår till följd av eller i samband med dessa användarvillkor, eller brott mot, uppsägning av eller ogiltighet därav, som gäller en individ som har en konsumentrelation till randstad risesmart, ska alltid behandlas i enlighet med gällande svensk lagstiftning och regleras i svensk domstol med stockholms tingsrätt som första instans.
alla tvister, kontroverser eller anspråk som uppstår till följd av eller i samband med dessa användarvillkor, eller brott mot, uppsägning av eller ogiltighet därav, som rör ett Kundavtal, eller en individ som använder tjänsten i anslutning till ett kundavtal, ska slutgiltigt avgöras genom skiljedomsförfarande som administreras av Stockholms Handelskammares Skiljedomsinstitut (”SCC”).
regler för förenklat skiljeförfarande ska tillämpas om det omtvistade värdet är mindre än två (2) miljoner svenska kronor och om det omtvistade värdet uppgår till två (2) miljoner svenska kronor eller mer ska skiljedomsregler tillämpas och skiljenämnden bestå av tre skiljedomare. det omtvistade värdet omfattar kärandens yrkande i påkallelseskriften samt genkäromål som framställts i svaret över påkallelseskriften.
skiljeförfarandets säte ska vara stockholm. språket för förfarandet ska vara svenska. svensk lag ska tillämpas på avtalet.
såvitt avser ostridig förfallen fordran äger randstad risesmart dock alltid rätt att framställa krav vid allmän domstol.
Effective February 23rd 2019 to October 4th 2021
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Användarvillkor
1. Godkännande av villkoren
Denna webbplats tillhandahålls till dig av Antenn Consulting AB (”Antenn”), 556517-7143. Genom att godkänna dessa Användarvillkor (”Användarvillkoren”) eller genom att använda webbplatsen, godkänner du dessa Användarvillkor villkorslöst. Antenn förbehåller sig rätten att ändra innehållet i dessa Användarvillkor. När du använder webbplatsen tillämpas alltid den aktuella versionen av Användarvillkoren som finns på webbplatsen.
2. Tjänstebeskrivning
Antenn erbjuder omställnings-, karriär-, lednings-, utvärderings- och kompetens- samt anställbarhetstjänster. Tjänsten omfattar (a) webbplatsen, (b) Antenns omställnings-, karriär-, lednings-, utvärderings- och kompetens- samt anställbarhetstjänster, relaterade tekniker, applikationer (inklusive men inte begränsat till, applikationer och tjänster som nås via något mobilt eller annat gränssnitt som ger dig åtkomst till sådana applikationer och tjänster) och andra relaterade tjänster (inklusive filhantering och analystjänster) och (c) alla programvaror, material, portaler, rekommendationer, jobbuppslag, data, rapporter, texter, bilder, ljud, videor, analyser och annat innehåll som görs tillgängligt genom något av ovanstående. För utförandet av Tjänsten använder sig Antenn av RiseSmart Technology, som tillhandahålls av RiseSmart, Inc. Alla nya funktioner som läggs till eller som Tjänsten utökas med är också föremål för dessa Användarvillkor samt Antenns Integritetspolicy och Antenns Policy för cookies.
3. Allmänna villkor för åtkomst och användning av tjänsterna
3.1 Du har tillstånd att bereda dig åtkomst till och använda Tjänsten endast i lagliga syften och föremål för villkoren och bestämmelserna i dessa Användarvillkor. Alla rättigheter, äganderätter och intressen i och till Tjänsten och dess komponenter kommer fortsätta att vara Antenns exklusiva egendom.
Du får inte (a) underlicensiera, återförsälja, hyra ut, leasa, överlåta, tilldela eller på annat sätt kommersiellt exploatera eller göra Tjänsten tillgänglig för någon tredje part; (b) använda Tjänsten på något olagligt sätt (inklusive och utan begränsning i strid med någon data-, integritets- eller immaterialrättslig lagstiftning) eller på något sätt som hindrar eller stör Tjänstens eller dess komponenters integritet eller prestanda, (c) modifiera, anpassa eller hacka Tjänsten för att, eller i övrigt, försöka få otillåten åtkomst till Tjänsten eller dess relaterade system eller nätverk; eller (d) använda något innehåll på andra webbplatser eller media (t.ex. en nätverksmiljö). Du ska följa alla uppförandekoder, policyer eller andra meddelanden som Antenn förser dig med eller publicerar i samband med Tjänsten och du ska utan dröjsmål meddela Antenn om du får kännedom om en säkerhetsöverträdelse relaterad till Tjänsten. Du kommer vid användning av vissa tjänster även att omfattas av ytterligare villkor som gäller för dessa tjänster och som kan publiceras i Tjänsten från tid till annan, inklusive men inte begränsat till, Antenns Integritetspolicy och Antenns Policy för cookies.
3.2 All programvara som kan göras tillgänglig av Antenn i samband med Tjänsten (”Programvaran”) innehåller skyddad och konfidentiell information som omfattas av tillämpliga immaterialrättsliga lagar och andra lagar. Föremål för villkoren och bestämmelserna i dessa Användarvillkor, beviljar Antenn dig härmed en personlig, ej överlåtbar, ej underlicensierbar och icke-exklusiv rätt och licens för att använda Programvaran på en enda enhet och endast i samband med Tjänsten. Du samtycker till att inte bereda dig åtkomst till Tjänsten på något annat sätt än via det gränssnitt som tillhandahålls av Antenn för åtkomst till Tjänsten.
3.3 Du är ensamt ansvarig för alla data och förslag och all information, feedback och text samt allt innehåll och annat material som du laddar upp, postar, levererar, tillhandahåller eller på annat sätt överför eller lagrar (hädanefter hänvisat till som ”överföra” eller ”överföring”) i samband med eller relaterat till Tjänsten (”Ditt innehåll”). Du intygar härmed och garanterar att Ditt innehåll som överförs av dig avseende Tjänsten kommer att vara korrekt, sann och fullständig (inklusive avseende ditt CV, dina biografiska data och din anställningsinformation, om du använder Tjänsten som arbetssökande). Du ansvarar för att upprätthålla konfidentialiteten för dina inloggningsuppgifter, ditt lösenord och ditt konto samt för alla aktiviteter som sker under din inloggning eller på ditt konto. Antenn förbehåller sig rätten att bereda sig åtkomst till ditt konto för att svara på dina förfrågningar om teknisk support. Genom att överföra Ditt innehåll i eller via Tjänsten, beviljar du härmed Antenn en global, icke-exklusiv, evig, oåterkallelig, royaltyfri, fullt betald, underlicensierbar och överlåtbar licens för att använda, modifiera, reproducera, distribuera, visa, publicera och spela upp Ditt innehåll i samband med Tjänsten.
Du godkänner vidare att Antenn kan ta bort eller inaktivera allt innehåll när som helst och av vilken anledning som helst (inklusive, men inte begränsat till, vid mottagande av anspråk eller anklagelser från tredje parter eller myndigheter relaterade till sådant innehåll) eller utan någon som helst anledning.
3.4 Du är införstådd med att driften av Tjänsten, inklusive Ditt innehåll, kan vara okrypterad och involvera (a) överföringar över olika nätverk, (b) ändringar för att uppfylla kraven för och anpassa sig till tekniska krav som ställs av anslutande nätverk eller enheter, (c) överföring till Antenns tredjepartsleverantörer och värdpartners för att tillhandahålla nödvändig maskinvara, programvara, nätverk, lagring och relaterad teknik som krävs för att driva och underhålla Tjänsten, och (d) överföring till andra tredje parter i samband med tillhandahållandet av Tjänsten till dig. I enlighet med detta samtycker du till att du ensam bär ansvaret för att Ditt innehåll omfattas av tillräcklig säkerhet, skydd och säkerhetskopiering. Antenn har inget ansvar gentemot dig beträffande obehörig åtkomst till eller användning av något av Ditt innehåll eller för korruption, radering, destruktion eller förlust av något av Ditt innehåll.
3.5 Om du är arbetssökande, samtycker du vidare till att använda ditt eget omdöme och sunda förnuft samt försiktighet när det gäller att hantera arbetstillfällen och information som erbjuds av eller erhålls genom Tjänsten och att du bär hela risken för all tillit till eller användning av något innehåll (inklusive eventuella jobbuppslag eller -rekommendationer) som tillhandahålls genom Tjänsten.
3.6 Antenns underlåtenhet att utöva eller genomdriva någon rättighet eller bestämmelse i dessa Användarvillkor medför inte att Antenn avstår från denna rättighet.
3.7 Du samtycker till att en kund till Antenn i samband med ett kundavtal (”Kundavtal”) kan anlita Antenn för att hjälpa kundens nuvarande och/eller tidigare anställda att söka anställning genom Tjänsten.
3.8 Om du använder Tjänsten i enlighet med ett Kundavtal, samtycker du till att den Tjänst som görs tillgänglig för dig under inga omständigheter kommer att överskrida omfattningen, varaktigheten eller andra begränsningar i det Kundavtal enligt vilket du beviljas åtkomst till Tjänsten.
3.9 Du samtycker till att Antenn (a) kan fastställa allmän praxis och begränsningar för användningen av Tjänsten, inklusive och utan begränsning till, den längsta tid som innehållet kommer att sparas av Tjänsten och det maximala lagringsutrymme som kommer att tilldelas för din räkning, (b) att Antenn inte har något skadeståndsansvar eller annat ansvar för radering eller underlåtenhet att lagra innehåll som förvaras i eller laddas upp till Tjänsten, och (c) att Antenn får spara innehåll och också utelämna innehåll om så krävs enligt lag eller om så sker i god tro om att sådan lagring eller sådant utlämnande rimligen är nödvändigt för att: (i) efterleva en juridisk process eller tillämpliga lagar; (ii) verkställa dessa Användarvillkor; (iii) svara på anspråk rörande att något innehåll kränker tredje parts rättigheter; eller (iv) skydda Antenns, dess användares och allmänhetens rättigheter, egendom eller personliga säkerhet.
4. Utfästelser och garantier
I samband med din användning samtycker du till att inte: bryta mot några regler i förordningar inklusive men inte begränsat till, lagar mot diskriminering; kränka immateriella- och integritetsrättigheter, inklusive men inte begränsat till, upphovsrätt, varumärken eller affärshemligheter tillhörande någon tredje part; ladda upp, posta, överföra eller lagra något material som är olagligt, bedrägligt eller bryter mot någon av dina avtals- eller sekretessåtaganden, eller hindrar eller stör den normala verksamheten på webbplatsen, som att posta eller överföra virus, kontinuerligt posta repetitiva material eller posta en onormalt stor belastning eller annat som inte tillåts av Antenn, inklusive men inte begränsat till, ej godkänt annonsmaterial och oönskat reklammaterial; kränka andras integritetsrättigheter eller personliga rättigheter genom att missbruka materialet, inklusive men inte begränsat till, att trakassera eller förfölja en annan person, skicka oönskad e-post och samla in andras personliga information; bryta mot eller försöka bryta mot några säkerhetsåtgärder på webbplatsen; använda en enhet, process eller mekanism för att till exempel med spindlar eller bottar övervaka, hämta, söka på eller bereda dig åtkomst till webbplatsen eller något material utan Antenns föregående skriftliga medgivande; bereda dig åtkomst till eller försöka få åtkomst till konto eller inloggningsuppgifter tillhörande tredje part som är listad på webbplatsen; posta eller skicka oriktig, falsk eller ofullständig information, till exempel i ditt CV, dina biografiska uppgifter eller din anställningsinformation; utge dig för att vara någon annan person eller entitet; förfalska rubrikinformation i elektronisk post eller e-post eller ge en felaktig bild av dig själv, din anknytning till någon tredje part eller din självständighet.
5. Uppsägning
Om du använder Tjänsten i anslutning till ett Kundavtal, samtycker du till att din åtkomst till Tjänsten löper ut när Kundavtalet löper ut eller sägs upp. Antenn förbehåller sig rätten att (i) tillfälligt eller permanent modifiera eller avbryta Tjänsten (eller en del därav) och (ii) utesluta dig från aktuell och framtida användning av Tjänsten, tillfälligt stänga av eller avsluta ditt konto (eller en del därav) eller din användning av Tjänsten och ta bort och kassera allt Ditt innehåll i Tjänsten, oavsett anledning, inklusive om Antenn anser att du har brutit mot dessa Användarvillkor.
Antenn kan inte hållas ansvarig gentemot dig eller någon tredje part för modifiering, tillfällig avstängning eller upphörande av Tjänsten.
Antenn kommer att göra välvilliga ansträngningar för att kontakta dig i syfte att förvarna dig om Antenns uppsägning eller tillfälliga avstängning av ditt konto.
Allt Ditt innehåll i Tjänsten (om något) kan raderas permanent av Antenn efter eget gottfinnande vid uppsägning av ditt konto.
6. Ansvarsbegränsning
Antenn garanterar inte att tjänsten kommer att vara oavbruten, i tid, säker, felfri eller virusfri och ingen information, rådgivning eller tjänst som du erhåller från Antenn via Tjänsten ska utgöra någon garanti som inte uttryckligen anges i dessa Användarvillkor.
Antenn kan under inga omständigheter hållas ansvarig för något innehåll eller material från tredje part (inklusive användare).
7. Apple-anpassade Programvaruapplikationer
Antenn erbjuder Programvaruapplikationer som är avsedda att användas i samband med produkter som görs kommersiellt tillgängliga av Apple Inc. (”Apple”), bland andra plattformar. För Programvara som görs tillgänglig för din användning i samband med en Apple-produkt (sådan Programvara omnämns som ”Apple-anpassad Programvara”) gäller, utöver de övriga villkor och bestämmelser som redovisas i dessa Användarvillkor, följande villkor och bestämmelser:
Antenn och du bekräftar att dessa Användarvillkor endast ingås mellan Antenn och dig, och inte med Apple, och att mellan Antenn och Apple är Antenn, inte Apple, ensamt ansvarig för den Apple-anpassade Programvaran och dess innehåll. Du får inte använda den Apple-anpassade Programvaran på något sätt som bryter mot eller är oförenligt med de användningsvillkor som anges för Apple-anpassad Programvara i, eller i övrigt bryta mot, App Stores Användarvillkor.
8. Länkar till andra webbplatser
Tjänsten kan innehålla länkar till tredje parters webbplatser. Dessa länkar tillhandahålls endast som en bekvämlighet för dig och innebär inte att Antenn har godkänt innehållet på sådana tredje parters webbplatser. Antenn ansvarar inte för innehållet på länkade tredje parters webbplatser och gör inte några utfästelser beträffande innehållet i eller riktigheten hos material på sådana tredje parters webbplatser. Om du bestämmer dig för att besöka länkade webbplatser från tredje parter gör du det på egen risk.
9. Mobila enheter
Om du använder Tjänsten via en mobil enhet godkänner du att information om din användning av Tjänsten via din mobila enhet och operatör kan förmedlas till Antenn, inklusive men inte begränsat till din mobiloperatör, din mobila enhet och din fysiska plats. Dessutom kan användning av Tjänsten via en mobil enhet medföra att data visas på och via din mobila enhet. Genom att bereda dig åtkomst till Tjänsten med en mobil enhet, intygar du att i den utsträckning du importerar några av dina Antenn-data till din mobila enhet, har du behörighet att dela dessa data med din mobiloperatör eller annan åtkomstleverantör. I händelse av att du ändrar eller inaktiverar din mobila enhet/ditt konto måste du säkerställa att ditt konto (och eventuella relaterade meddelanden (efter vad som är tillämpligt)), inte är åtkomliga för någon annan part (eller skickas till någon annan part) och underlåtenhet att göra detta faller på ditt ansvar. Du samtycker till att du är ansvarig för alla avgifter och nödvändiga tillstånd i samband med åtkomst till Tjänsten via din mobila enhet och leverantör.
9. Tvist
Alla tvister, kontroverser eller anspråk som uppstår till följd av eller i samband med dessa Användarvillkor, eller brott mot, uppsägning av eller ogiltighet därav, som gäller en individ som har en konsumentrelation till Antenn, ska alltid behandlas i enlighet med gällande svensk lagstiftning och regleras i svensk domstol med Stockholms tingsrätt som första instans.
Alla tvister, kontroverser eller anspråk som uppstår till följd av eller i samband med dessa Användarvillkor, eller brott mot, uppsägning av eller ogiltighet därav, som rör ett Kundavtal, eller en individ som använder Tjänsten i anslutning till ett Kundavtal, ska slutgiltigt avgöras genom skiljedomsförfarande som administreras av Stockholms Handelskammares Skiljedomsinstitut (”SCC”).
Regler för Förenklat Skiljeförfarande ska tillämpas om det omtvistade värdet är mindre än två (2) miljoner svenska kronor och om det omtvistade värdet uppgår till två (2) miljoner svenska kronor eller mer ska Skiljedomsregler tillämpas och skiljenämnden bestå av tre skiljedomare. Det omtvistade värdet omfattar kärandens yrkande i påkallelseskriften samt genkäromål som framställts i svaret över påkallelseskriften.
Skiljeförfarandets säte ska vara Stockholm. Språket för förfarandet ska vara Svenska. Svensk lag ska tillämpas på Avtalet.
Såvitt avser ostridig förfallen fordran äger Antenn dock alltid rätt att framställa krav vid allmän domstol.
Användarvillkor
Effective October 4th 2021
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användarvillkor
1. godkännande av villkoren
denna webbplats tillhandahålls till dig av Randstad RiseSmart AB (”randstad risesmart”), 556517-7143. genom att godkänna dessa användarvillkor (”användarvillkoren”) eller genom att använda webbplatsen, godkänner du dessa användarvillkor villkorslöst. randstad risesmart förbehåller sig rätten att ändra innehållet i dessa användarvillkor. när du använder webbplatsen tillämpas alltid den aktuella versionen av användarvillkoren som finns på webbplatsen.
2. tjänstebeskrivning
randstad risesmart erbjuder omställnings-, karriär-, lednings-, utvärderings- och kompetens- samt anställbarhetstjänster. tjänsten omfattar (a) webbplatsen, (b) Randstad risesmarts omställnings-, karriär-, lednings-, utvärderings- och kompetens- samt anställbarhetstjänster, relaterade tekniker, applikationer (inklusive men inte begränsat till, applikationer och tjänster som nås via något mobilt eller annat gränssnitt som ger dig åtkomst till sådana applikationer och tjänster) och andra relaterade tjänster (inklusive filhantering och analystjänster) och (c) alla programvaror, material, portaler, rekommendationer, jobbuppslag, data, rapporter, texter, bilder, ljud, videor, analyser och annat innehåll som görs tillgängligt genom något av ovanstående. för utförandet av tjänsten använder sig randstad risesmart av risesmart technology, som tillhandahålls av RiseSmart, Inc. alla nya funktioner som läggs till eller som tjänsten utökas med är också föremål för dessa användarvillkor samt randstad risesmarts integritetspolicy och randstad risesmarts policy för cookies.
3. allmänna villkor för åtkomst och användning av tjänsterna
3.1 du har tillstånd att bereda dig åtkomst till och använda tjänsten endast i lagliga syften och föremål för villkoren och bestämmelserna i dessa användarvillkor. alla rättigheter, äganderätter och intressen i och till tjänsten och dess komponenter kommer fortsätta att vara randstad risesmarts exklusiva egendom.
du får inte (a) underlicensiera, återförsälja, hyra ut, leasa, överlåta, tilldela eller på annat sätt kommersiellt exploatera eller göra tjänsten tillgänglig för någon tredje part; (b) använda tjänsten på något olagligt sätt (inklusive och utan begränsning i strid med någon data-, integritets- eller immaterialrättslig lagstiftning) eller på något sätt som hindrar eller stör tjänstens eller dess komponenters integritet eller prestanda, (c) modifiera, anpassa eller hacka tjänsten för att, eller i övrigt, försöka få otillåten åtkomst till tjänsten eller dess relaterade system eller nätverk; eller (d) använda något innehåll på andra webbplatser eller media (t.ex. en nätverksmiljö). du ska följa alla uppförandekoder, policyer eller andra meddelanden som randstad risesmart förser dig med eller publicerar i samband med tjänsten och du ska utan dröjsmål meddela randstad risesmart om du får kännedom om en säkerhetsöverträdelse relaterad till tjänsten. du kommer vid användning av vissa tjänster även att omfattas av ytterligare villkor som gäller för dessa tjänster och som kan publiceras i tjänsten från tid till annan, inklusive men inte begränsat till, randstad risesmarts integritetspolicy och randstad risesmarts policy för cookies.
3.2 all programvara som kan göras tillgänglig av randstad risesmart i samband med tjänsten (”programvaran”) innehåller skyddad och konfidentiell information som omfattas av tillämpliga immaterialrättsliga lagar och andra lagar. föremål för villkoren och bestämmelserna i dessa användarvillkor, beviljar randstad risesmart dig härmed en personlig, ej överlåtbar, ej underlicensierbar och icke-exklusiv rätt och licens för att använda programvaran på en enda enhet och endast i samband med tjänsten. du samtycker till att inte bereda dig åtkomst till tjänsten på något annat sätt än via det gränssnitt som tillhandahålls av randstad risesmart för åtkomst till tjänsten.
3.3 du är ensamt ansvarig för alla data och förslag och all information, feedback och text samt allt innehåll och annat material som du laddar upp, postar, levererar, tillhandahåller eller på annat sätt överför eller lagrar (hädanefter hänvisat till som ”överföra” eller ”överföring”) i samband med eller relaterat till tjänsten (”ditt innehåll”). du intygar härmed och garanterar att ditt innehåll som överförs av dig avseende tjänsten kommer att vara korrekt, sann och fullständig (inklusive avseende ditt cv, dina biografiska data och din anställningsinformation, om du använder tjänsten som arbetssökande). du ansvarar för att upprätthålla konfidentialiteten för dina inloggningsuppgifter, ditt lösenord och ditt konto samt för alla aktiviteter som sker under din inloggning eller på ditt konto. randstad risesmart förbehåller sig rätten att bereda sig åtkomst till ditt konto för att svara på dina förfrågningar om teknisk support. genom att överföra ditt innehåll i eller via tjänsten, beviljar du härmed randstad risesmart en global, icke-exklusiv, evig, oåterkallelig, royaltyfri, fullt betald, underlicensierbar och överlåtbar licens för att använda, modifiera, reproducera, distribuera, visa, publicera och spela upp ditt innehåll i samband med tjänsten.
du godkänner vidare att randstad risesmart kan ta bort eller inaktivera allt innehåll när som helst och av vilken anledning som helst (inklusive, men inte begränsat till, vid mottagande av anspråk eller anklagelser från tredje parter eller myndigheter relaterade till sådant innehåll) eller utan någon som helst anledning.
3.4 du är införstådd med att driften av tjänsten, inklusive ditt innehåll, kan vara okrypterad och involvera (a) överföringar över olika nätverk, (b) ändringar för att uppfylla kraven för och anpassa sig till tekniska krav som ställs av anslutande nätverk eller enheter, (c) överföring till randstad risesmarts tredjepartsleverantörer och värdpartners för att tillhandahålla nödvändig maskinvara, programvara, nätverk, lagring och relaterad teknik som krävs för att driva och underhålla tjänsten, och (d) överföring till andra tredje parter i samband med tillhandahållandet av tjänsten till dig. i enlighet med detta samtycker du till att du ensam bär ansvaret för att ditt innehåll omfattas av tillräcklig säkerhet, skydd och säkerhetskopiering. randstad risesmart har inget ansvar gentemot dig beträffande obehörig åtkomst till eller användning av något av ditt innehåll eller för korruption, radering, destruktion eller förlust av något av ditt innehåll.
3.5 om du är arbetssökande, samtycker du vidare till att använda ditt eget omdöme och sunda förnuft samt försiktighet när det gäller att hantera arbetstillfällen och information som erbjuds av eller erhålls genom tjänsten och att du bär hela risken för all tillit till eller användning av något innehåll (inklusive eventuella jobbuppslag eller -rekommendationer) som tillhandahålls genom tjänsten.
3.6 randstad risesmarts underlåtenhet att utöva eller genomdriva någon rättighet eller bestämmelse i dessa användarvillkor medför inte att randstad risesmart avstår från denna rättighet.
3.7 du samtycker till att en kund till randstad risesmart i samband med ett kundavtal (”kundavtal”) kan anlita randstad risesmart för att hjälpa kundens nuvarande och/eller tidigare anställda att söka anställning genom tjänsten.
3.8 om du använder tjänsten i enlighet med ett kundavtal, samtycker du till att den tjänst som görs tillgänglig för dig under inga omständigheter kommer att överskrida omfattningen, varaktigheten eller andra begränsningar i det kundavtal enligt vilket du beviljas åtkomst till tjänsten.
3.9 du samtycker till att randstad risesmart (a) kan fastställa allmän praxis och begränsningar för användningen av tjänsten, inklusive och utan begränsning till, den längsta tid som innehållet kommer att sparas av tjänsten och det maximala lagringsutrymme som kommer att tilldelas för din räkning, (b) att randstad risesmart inte har något skadeståndsansvar eller annat ansvar för radering eller underlåtenhet att lagra innehåll som förvaras i eller laddas upp till tjänsten, och (c) att randstad risesmart får spara innehåll och också utelämna innehåll om så krävs enligt lag eller om så sker i god tro om att sådan lagring eller sådant utlämnande rimligen är nödvändigt för att: (i) efterleva en juridisk process eller tillämpliga lagar; (ii) verkställa dessa användarvillkor; (iii) svara på anspråk rörande att något innehåll kränker tredje parts rättigheter; eller (iv) skydda randstad risesmarts, dess användares och allmänhetens rättigheter, egendom eller personliga säkerhet.
4. utfästelser och garantier
i samband med din användning samtycker du till att inte: bryta mot några regler i förordningar inklusive men inte begränsat till, lagar mot diskriminering; kränka immateriella- och integritetsrättigheter, inklusive men inte begränsat till, upphovsrätt, varumärken eller affärshemligheter tillhörande någon tredje part; ladda upp, posta, överföra eller lagra något material som är olagligt, bedrägligt eller bryter mot någon av dina avtals- eller sekretessåtaganden, eller hindrar eller stör den normala verksamheten på webbplatsen, som att posta eller överföra virus, kontinuerligt posta repetitiva material eller posta en onormalt stor belastning eller annat som inte tillåts av randstad risesmart, inklusive men inte begränsat till, ej godkänt annonsmaterial och oönskat reklammaterial; kränka andras integritetsrättigheter eller personliga rättigheter genom att missbruka materialet, inklusive men inte begränsat till, att trakassera eller förfölja en annan person, skicka oönskad e-post och samla in andras personliga information; bryta mot eller försöka bryta mot några säkerhetsåtgärder på webbplatsen; använda en enhet, process eller mekanism för att till exempel med spindlar eller bottar övervaka, hämta, söka på eller bereda dig åtkomst till webbplatsen eller något material utan randstad risesmarts föregående skriftliga medgivande; bereda dig åtkomst till eller försöka få åtkomst till konto eller inloggningsuppgifter tillhörande tredje part som är listad på webbplatsen; posta eller skicka oriktig, falsk eller ofullständig information, till exempel i ditt cv, dina biografiska uppgifter eller din anställningsinformation; utge dig för att vara någon annan person eller entitet; förfalska rubrikinformation i elektronisk post eller e-post eller ge en felaktig bild av dig själv, din anknytning till någon tredje part eller din självständighet.
5. uppsägning
om du använder tjänsten i anslutning till ett kundavtal, samtycker du till att din åtkomst till tjänsten löper ut när kundavtalet löper ut eller sägs upp. randstad risesmart förbehåller sig rätten att (i) tillfälligt eller permanent modifiera eller avbryta tjänsten (eller en del därav) och (ii) utesluta dig från aktuell och framtida användning av tjänsten, tillfälligt stänga av eller avsluta ditt konto (eller en del därav) eller din användning av tjänsten och ta bort och kassera allt ditt innehåll i tjänsten, oavsett anledning, inklusive om randstad risesmart anser att du har brutit mot dessa användarvillkor.
randstad risesmart kan inte hållas ansvarig gentemot dig eller någon tredje part för modifiering, tillfällig avstängning eller upphörande av tjänsten.
randstad risesmart kommer att göra välvilliga ansträngningar för att kontakta dig i syfte att förvarna dig om randstad risesmarts uppsägning eller tillfälliga avstängning av ditt konto.
allt ditt innehåll i tjänsten (om något) kan raderas permanent av randstad risesmart efter eget gottfinnande vid uppsägning av ditt konto.
6. ansvarsbegränsning
randstad risesmart garanterar inte att tjänsten kommer att vara oavbruten, i tid, säker, felfri eller virusfri och ingen information, rådgivning eller tjänst som du erhåller från randstad risesmart via tjänsten ska utgöra någon garanti som inte uttryckligen anges i dessa användarvillkor.
randstad risesmart kan under inga omständigheter hållas ansvarig för något innehåll eller material från tredje part (inklusive användare).
7. apple-anpassade programvaruapplikationer
randstad risesmart erbjuder programvaruapplikationer som är avsedda att användas i samband med produkter som görs kommersiellt tillgängliga av apple inc. (”apple”), bland andra plattformar. för programvara som görs tillgänglig för din användning i samband med en apple-produkt (sådan programvara omnämns som ”apple-anpassad programvara”) gäller, utöver de övriga villkor och bestämmelser som redovisas i dessa användarvillkor, följande villkor och bestämmelser:
randstad risesmart och du bekräftar att dessa användarvillkor endast ingås mellan randstad risesmart och dig, och inte med apple, och att mellan randstad risesmart och apple är randstad risesmart, inte apple, ensamt ansvarig för den apple-anpassade programvaran och dess innehåll. du får inte använda den apple-anpassade programvaran på något sätt som bryter mot eller är oförenligt med de användningsvillkor som anges för apple-anpassad programvara i, eller i övrigt bryta mot, app stores användarvillkor.
8. länkar till andra webbplatser
tjänsten kan innehålla länkar till tredje parters webbplatser. dessa länkar tillhandahålls endast som en bekvämlighet för dig och innebär inte att randstad risesmart har godkänt innehållet på sådana tredje parters webbplatser. randstad risesmart ansvarar inte för innehållet på länkade tredje parters webbplatser och gör inte några utfästelser beträffande innehållet i eller riktigheten hos material på sådana tredje parters webbplatser. om du bestämmer dig för att besöka länkade webbplatser från tredje parter gör du det på egen risk.
9. mobila enheter
om du använder tjänsten via en mobil enhet godkänner du att information om din användning av tjänsten via din mobila enhet och operatör kan förmedlas till randstad risesmart, inklusive men inte begränsat till din mobiloperatör, din mobila enhet och din fysiska plats. dessutom kan användning av tjänsten via en mobil enhet medföra att data visas på och via din mobila enhet. genom att bereda dig åtkomst till tjänsten med en mobil enhet, intygar du att i den utsträckning du importerar några av dina randstad risesmart-data till din mobila enhet, har du behörighet att dela dessa data med din mobiloperatör eller annan åtkomstleverantör. i händelse av att du ändrar eller inaktiverar din mobila enhet/ditt konto måste du säkerställa att ditt konto (och eventuella relaterade meddelanden (efter vad som är tillämpligt)), inte är åtkomliga för någon annan part (eller skickas till någon annan part) och underlåtenhet att göra detta faller på ditt ansvar. du samtycker till att du är ansvarig för alla avgifter och nödvändiga tillstånd i samband med åtkomst till tjänsten via din mobila enhet och leverantör.
10. tvist
alla tvister, kontroverser eller anspråk som uppstår till följd av eller i samband med dessa användarvillkor, eller brott mot, uppsägning av eller ogiltighet därav, som gäller en individ som har en konsumentrelation till randstad risesmart, ska alltid behandlas i enlighet med gällande svensk lagstiftning och regleras i svensk domstol med stockholms tingsrätt som första instans.
alla tvister, kontroverser eller anspråk som uppstår till följd av eller i samband med dessa användarvillkor, eller brott mot, uppsägning av eller ogiltighet därav, som rör ett Kundavtal, eller en individ som använder tjänsten i anslutning till ett kundavtal, ska slutgiltigt avgöras genom skiljedomsförfarande som administreras av Stockholms Handelskammares Skiljedomsinstitut (”SCC”).
regler för förenklat skiljeförfarande ska tillämpas om det omtvistade värdet är mindre än två (2) miljoner svenska kronor och om det omtvistade värdet uppgår till två (2) miljoner svenska kronor eller mer ska skiljedomsregler tillämpas och skiljenämnden bestå av tre skiljedomare. det omtvistade värdet omfattar kärandens yrkande i påkallelseskriften samt genkäromål som framställts i svaret över påkallelseskriften.
skiljeförfarandets säte ska vara stockholm. språket för förfarandet ska vara svenska. svensk lag ska tillämpas på avtalet.
såvitt avser ostridig förfallen fordran äger randstad risesmart dock alltid rätt att framställa krav vid allmän domstol.
Effective February 23rd 2019 to October 4th 2021
DownloadTable of Contents
Användarvillkor
1. Godkännande av villkoren
Denna webbplats tillhandahålls till dig av Antenn Consulting AB (”Antenn”), 556517-7143. Genom att godkänna dessa Användarvillkor (”Användarvillkoren”) eller genom att använda webbplatsen, godkänner du dessa Användarvillkor villkorslöst. Antenn förbehåller sig rätten att ändra innehållet i dessa Användarvillkor. När du använder webbplatsen tillämpas alltid den aktuella versionen av Användarvillkoren som finns på webbplatsen.
2. Tjänstebeskrivning
Antenn erbjuder omställnings-, karriär-, lednings-, utvärderings- och kompetens- samt anställbarhetstjänster. Tjänsten omfattar (a) webbplatsen, (b) Antenns omställnings-, karriär-, lednings-, utvärderings- och kompetens- samt anställbarhetstjänster, relaterade tekniker, applikationer (inklusive men inte begränsat till, applikationer och tjänster som nås via något mobilt eller annat gränssnitt som ger dig åtkomst till sådana applikationer och tjänster) och andra relaterade tjänster (inklusive filhantering och analystjänster) och (c) alla programvaror, material, portaler, rekommendationer, jobbuppslag, data, rapporter, texter, bilder, ljud, videor, analyser och annat innehåll som görs tillgängligt genom något av ovanstående. För utförandet av Tjänsten använder sig Antenn av RiseSmart Technology, som tillhandahålls av RiseSmart, Inc. Alla nya funktioner som läggs till eller som Tjänsten utökas med är också föremål för dessa Användarvillkor samt Antenns Integritetspolicy och Antenns Policy för cookies.
3. Allmänna villkor för åtkomst och användning av tjänsterna
3.1 Du har tillstånd att bereda dig åtkomst till och använda Tjänsten endast i lagliga syften och föremål för villkoren och bestämmelserna i dessa Användarvillkor. Alla rättigheter, äganderätter och intressen i och till Tjänsten och dess komponenter kommer fortsätta att vara Antenns exklusiva egendom.
Du får inte (a) underlicensiera, återförsälja, hyra ut, leasa, överlåta, tilldela eller på annat sätt kommersiellt exploatera eller göra Tjänsten tillgänglig för någon tredje part; (b) använda Tjänsten på något olagligt sätt (inklusive och utan begränsning i strid med någon data-, integritets- eller immaterialrättslig lagstiftning) eller på något sätt som hindrar eller stör Tjänstens eller dess komponenters integritet eller prestanda, (c) modifiera, anpassa eller hacka Tjänsten för att, eller i övrigt, försöka få otillåten åtkomst till Tjänsten eller dess relaterade system eller nätverk; eller (d) använda något innehåll på andra webbplatser eller media (t.ex. en nätverksmiljö). Du ska följa alla uppförandekoder, policyer eller andra meddelanden som Antenn förser dig med eller publicerar i samband med Tjänsten och du ska utan dröjsmål meddela Antenn om du får kännedom om en säkerhetsöverträdelse relaterad till Tjänsten. Du kommer vid användning av vissa tjänster även att omfattas av ytterligare villkor som gäller för dessa tjänster och som kan publiceras i Tjänsten från tid till annan, inklusive men inte begränsat till, Antenns Integritetspolicy och Antenns Policy för cookies.
3.2 All programvara som kan göras tillgänglig av Antenn i samband med Tjänsten (”Programvaran”) innehåller skyddad och konfidentiell information som omfattas av tillämpliga immaterialrättsliga lagar och andra lagar. Föremål för villkoren och bestämmelserna i dessa Användarvillkor, beviljar Antenn dig härmed en personlig, ej överlåtbar, ej underlicensierbar och icke-exklusiv rätt och licens för att använda Programvaran på en enda enhet och endast i samband med Tjänsten. Du samtycker till att inte bereda dig åtkomst till Tjänsten på något annat sätt än via det gränssnitt som tillhandahålls av Antenn för åtkomst till Tjänsten.
3.3 Du är ensamt ansvarig för alla data och förslag och all information, feedback och text samt allt innehåll och annat material som du laddar upp, postar, levererar, tillhandahåller eller på annat sätt överför eller lagrar (hädanefter hänvisat till som ”överföra” eller ”överföring”) i samband med eller relaterat till Tjänsten (”Ditt innehåll”). Du intygar härmed och garanterar att Ditt innehåll som överförs av dig avseende Tjänsten kommer att vara korrekt, sann och fullständig (inklusive avseende ditt CV, dina biografiska data och din anställningsinformation, om du använder Tjänsten som arbetssökande). Du ansvarar för att upprätthålla konfidentialiteten för dina inloggningsuppgifter, ditt lösenord och ditt konto samt för alla aktiviteter som sker under din inloggning eller på ditt konto. Antenn förbehåller sig rätten att bereda sig åtkomst till ditt konto för att svara på dina förfrågningar om teknisk support. Genom att överföra Ditt innehåll i eller via Tjänsten, beviljar du härmed Antenn en global, icke-exklusiv, evig, oåterkallelig, royaltyfri, fullt betald, underlicensierbar och överlåtbar licens för att använda, modifiera, reproducera, distribuera, visa, publicera och spela upp Ditt innehåll i samband med Tjänsten.
Du godkänner vidare att Antenn kan ta bort eller inaktivera allt innehåll när som helst och av vilken anledning som helst (inklusive, men inte begränsat till, vid mottagande av anspråk eller anklagelser från tredje parter eller myndigheter relaterade till sådant innehåll) eller utan någon som helst anledning.
3.4 Du är införstådd med att driften av Tjänsten, inklusive Ditt innehåll, kan vara okrypterad och involvera (a) överföringar över olika nätverk, (b) ändringar för att uppfylla kraven för och anpassa sig till tekniska krav som ställs av anslutande nätverk eller enheter, (c) överföring till Antenns tredjepartsleverantörer och värdpartners för att tillhandahålla nödvändig maskinvara, programvara, nätverk, lagring och relaterad teknik som krävs för att driva och underhålla Tjänsten, och (d) överföring till andra tredje parter i samband med tillhandahållandet av Tjänsten till dig. I enlighet med detta samtycker du till att du ensam bär ansvaret för att Ditt innehåll omfattas av tillräcklig säkerhet, skydd och säkerhetskopiering. Antenn har inget ansvar gentemot dig beträffande obehörig åtkomst till eller användning av något av Ditt innehåll eller för korruption, radering, destruktion eller förlust av något av Ditt innehåll.
3.5 Om du är arbetssökande, samtycker du vidare till att använda ditt eget omdöme och sunda förnuft samt försiktighet när det gäller att hantera arbetstillfällen och information som erbjuds av eller erhålls genom Tjänsten och att du bär hela risken för all tillit till eller användning av något innehåll (inklusive eventuella jobbuppslag eller -rekommendationer) som tillhandahålls genom Tjänsten.
3.6 Antenns underlåtenhet att utöva eller genomdriva någon rättighet eller bestämmelse i dessa Användarvillkor medför inte att Antenn avstår från denna rättighet.
3.7 Du samtycker till att en kund till Antenn i samband med ett kundavtal (”Kundavtal”) kan anlita Antenn för att hjälpa kundens nuvarande och/eller tidigare anställda att söka anställning genom Tjänsten.
3.8 Om du använder Tjänsten i enlighet med ett Kundavtal, samtycker du till att den Tjänst som görs tillgänglig för dig under inga omständigheter kommer att överskrida omfattningen, varaktigheten eller andra begränsningar i det Kundavtal enligt vilket du beviljas åtkomst till Tjänsten.
3.9 Du samtycker till att Antenn (a) kan fastställa allmän praxis och begränsningar för användningen av Tjänsten, inklusive och utan begränsning till, den längsta tid som innehållet kommer att sparas av Tjänsten och det maximala lagringsutrymme som kommer att tilldelas för din räkning, (b) att Antenn inte har något skadeståndsansvar eller annat ansvar för radering eller underlåtenhet att lagra innehåll som förvaras i eller laddas upp till Tjänsten, och (c) att Antenn får spara innehåll och också utelämna innehåll om så krävs enligt lag eller om så sker i god tro om att sådan lagring eller sådant utlämnande rimligen är nödvändigt för att: (i) efterleva en juridisk process eller tillämpliga lagar; (ii) verkställa dessa Användarvillkor; (iii) svara på anspråk rörande att något innehåll kränker tredje parts rättigheter; eller (iv) skydda Antenns, dess användares och allmänhetens rättigheter, egendom eller personliga säkerhet.
4. Utfästelser och garantier
I samband med din användning samtycker du till att inte: bryta mot några regler i förordningar inklusive men inte begränsat till, lagar mot diskriminering; kränka immateriella- och integritetsrättigheter, inklusive men inte begränsat till, upphovsrätt, varumärken eller affärshemligheter tillhörande någon tredje part; ladda upp, posta, överföra eller lagra något material som är olagligt, bedrägligt eller bryter mot någon av dina avtals- eller sekretessåtaganden, eller hindrar eller stör den normala verksamheten på webbplatsen, som att posta eller överföra virus, kontinuerligt posta repetitiva material eller posta en onormalt stor belastning eller annat som inte tillåts av Antenn, inklusive men inte begränsat till, ej godkänt annonsmaterial och oönskat reklammaterial; kränka andras integritetsrättigheter eller personliga rättigheter genom att missbruka materialet, inklusive men inte begränsat till, att trakassera eller förfölja en annan person, skicka oönskad e-post och samla in andras personliga information; bryta mot eller försöka bryta mot några säkerhetsåtgärder på webbplatsen; använda en enhet, process eller mekanism för att till exempel med spindlar eller bottar övervaka, hämta, söka på eller bereda dig åtkomst till webbplatsen eller något material utan Antenns föregående skriftliga medgivande; bereda dig åtkomst till eller försöka få åtkomst till konto eller inloggningsuppgifter tillhörande tredje part som är listad på webbplatsen; posta eller skicka oriktig, falsk eller ofullständig information, till exempel i ditt CV, dina biografiska uppgifter eller din anställningsinformation; utge dig för att vara någon annan person eller entitet; förfalska rubrikinformation i elektronisk post eller e-post eller ge en felaktig bild av dig själv, din anknytning till någon tredje part eller din självständighet.
5. Uppsägning
Om du använder Tjänsten i anslutning till ett Kundavtal, samtycker du till att din åtkomst till Tjänsten löper ut när Kundavtalet löper ut eller sägs upp. Antenn förbehåller sig rätten att (i) tillfälligt eller permanent modifiera eller avbryta Tjänsten (eller en del därav) och (ii) utesluta dig från aktuell och framtida användning av Tjänsten, tillfälligt stänga av eller avsluta ditt konto (eller en del därav) eller din användning av Tjänsten och ta bort och kassera allt Ditt innehåll i Tjänsten, oavsett anledning, inklusive om Antenn anser att du har brutit mot dessa Användarvillkor.
Antenn kan inte hållas ansvarig gentemot dig eller någon tredje part för modifiering, tillfällig avstängning eller upphörande av Tjänsten.
Antenn kommer att göra välvilliga ansträngningar för att kontakta dig i syfte att förvarna dig om Antenns uppsägning eller tillfälliga avstängning av ditt konto.
Allt Ditt innehåll i Tjänsten (om något) kan raderas permanent av Antenn efter eget gottfinnande vid uppsägning av ditt konto.
6. Ansvarsbegränsning
Antenn garanterar inte att tjänsten kommer att vara oavbruten, i tid, säker, felfri eller virusfri och ingen information, rådgivning eller tjänst som du erhåller från Antenn via Tjänsten ska utgöra någon garanti som inte uttryckligen anges i dessa Användarvillkor.
Antenn kan under inga omständigheter hållas ansvarig för något innehåll eller material från tredje part (inklusive användare).
7. Apple-anpassade Programvaruapplikationer
Antenn erbjuder Programvaruapplikationer som är avsedda att användas i samband med produkter som görs kommersiellt tillgängliga av Apple Inc. (”Apple”), bland andra plattformar. För Programvara som görs tillgänglig för din användning i samband med en Apple-produkt (sådan Programvara omnämns som ”Apple-anpassad Programvara”) gäller, utöver de övriga villkor och bestämmelser som redovisas i dessa Användarvillkor, följande villkor och bestämmelser:
Antenn och du bekräftar att dessa Användarvillkor endast ingås mellan Antenn och dig, och inte med Apple, och att mellan Antenn och Apple är Antenn, inte Apple, ensamt ansvarig för den Apple-anpassade Programvaran och dess innehåll. Du får inte använda den Apple-anpassade Programvaran på något sätt som bryter mot eller är oförenligt med de användningsvillkor som anges för Apple-anpassad Programvara i, eller i övrigt bryta mot, App Stores Användarvillkor.
8. Länkar till andra webbplatser
Tjänsten kan innehålla länkar till tredje parters webbplatser. Dessa länkar tillhandahålls endast som en bekvämlighet för dig och innebär inte att Antenn har godkänt innehållet på sådana tredje parters webbplatser. Antenn ansvarar inte för innehållet på länkade tredje parters webbplatser och gör inte några utfästelser beträffande innehållet i eller riktigheten hos material på sådana tredje parters webbplatser. Om du bestämmer dig för att besöka länkade webbplatser från tredje parter gör du det på egen risk.
9. Mobila enheter
Om du använder Tjänsten via en mobil enhet godkänner du att information om din användning av Tjänsten via din mobila enhet och operatör kan förmedlas till Antenn, inklusive men inte begränsat till din mobiloperatör, din mobila enhet och din fysiska plats. Dessutom kan användning av Tjänsten via en mobil enhet medföra att data visas på och via din mobila enhet. Genom att bereda dig åtkomst till Tjänsten med en mobil enhet, intygar du att i den utsträckning du importerar några av dina Antenn-data till din mobila enhet, har du behörighet att dela dessa data med din mobiloperatör eller annan åtkomstleverantör. I händelse av att du ändrar eller inaktiverar din mobila enhet/ditt konto måste du säkerställa att ditt konto (och eventuella relaterade meddelanden (efter vad som är tillämpligt)), inte är åtkomliga för någon annan part (eller skickas till någon annan part) och underlåtenhet att göra detta faller på ditt ansvar. Du samtycker till att du är ansvarig för alla avgifter och nödvändiga tillstånd i samband med åtkomst till Tjänsten via din mobila enhet och leverantör.
9. Tvist
Alla tvister, kontroverser eller anspråk som uppstår till följd av eller i samband med dessa Användarvillkor, eller brott mot, uppsägning av eller ogiltighet därav, som gäller en individ som har en konsumentrelation till Antenn, ska alltid behandlas i enlighet med gällande svensk lagstiftning och regleras i svensk domstol med Stockholms tingsrätt som första instans.
Alla tvister, kontroverser eller anspråk som uppstår till följd av eller i samband med dessa Användarvillkor, eller brott mot, uppsägning av eller ogiltighet därav, som rör ett Kundavtal, eller en individ som använder Tjänsten i anslutning till ett Kundavtal, ska slutgiltigt avgöras genom skiljedomsförfarande som administreras av Stockholms Handelskammares Skiljedomsinstitut (”SCC”).
Regler för Förenklat Skiljeförfarande ska tillämpas om det omtvistade värdet är mindre än två (2) miljoner svenska kronor och om det omtvistade värdet uppgår till två (2) miljoner svenska kronor eller mer ska Skiljedomsregler tillämpas och skiljenämnden bestå av tre skiljedomare. Det omtvistade värdet omfattar kärandens yrkande i påkallelseskriften samt genkäromål som framställts i svaret över påkallelseskriften.
Skiljeförfarandets säte ska vara Stockholm. Språket för förfarandet ska vara Svenska. Svensk lag ska tillämpas på Avtalet.
Såvitt avser ostridig förfallen fordran äger Antenn dock alltid rätt att framställa krav vid allmän domstol.
Integritetspolicy deltagare omställning v1.4 SE Eng 1 jan 2021 Final_RiseSmart
Effective March 15th 2024
DownloadTable of Contents
PRIVACY NOTICE OUTPLACEMENT
Document | Privacy notice transition – OBS rör RiseSmarts plattform |
Stakeholder | Participants transition program |
Search way | As an agreement, paper document |
Latest updated | 01.03.2024 |
Version | 1.6 |
Your privacy and the security of your personal data is important to Randstad RiseSmart AB which is a group company of Randstad Sweden Group AB in Sweden ("Randstad RiseSmart", "Group", "we" or "us"). Randstad RiseSmart is responsible for ensuring that all personal data is processed correctly and in accordance with applicable data protection legislation and Randstads data protection policy. Protecting your personal data and privacy is part of the day-to-day work of our employees. As data controller, Randstad RiseSmart is responsible for processing your personal data and for determining how and for what purpose the data are processed.
Randstad RiseSmart provides outplacement services, career management-, assessment- & competence- and employability services. These services we provide to you and our clients, both in person as well as through our website, are subject to our Terms of Services and this Privacy Notice.
personal data controller and contact information
Within the Group, the following companies may be Personal Data Controller for processing your personal data in the candidate account:
- Randstad Sweden Group AB, corporate ID no. 556089-6572
- Randstad RiseSmart AB, corporate ID no. 556517-7143
The Group share the same Data Protection Officer. If you have questions about Randstad RiseSmart's use of personal data, you can contact Randstad RiseSmart's Data Protection Officer by sending an email to dataskyddsombud@randstad.se.
what personal data we process and how it is collected
Randstad RiseSmart processes your personal data when you are registered as a participant in one of our services/programs. We collect and process the personal data necessary for our service.
The personal data that are processed are name, address, e-mail address, phone number, personal ID number, information on career ambitions, branches of industry you would like to work in, CV such as work experience and previous jobs, information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us, information on your milestone progress and status in job searching, information on your customer satisfaction or other feedback about the job search and the service and other information you voluntarily provide us with.
We collect and process personal data:
That you yourself provide in connection with your registration as a participant in one of our services/programs, which you leave on our website or when your data is shared with us by the commissioning organisation, our client, as part of our agreement with our client in relation to the services.
That we collect from you during your participation in one of our services/programs, for instance information regarding your work experience, career ambitions, branches of industry you would like to work in.
this is what we use the personal data for
Purpose of the process | | Legal grounds for the process |
To provide and manage the services which are provided to you as a participant in our services/programs in as, i.e. to help you develop your career. | | Necessary to fulfil our contractual undertakings toward you as participant and to the commissioning company. |
To manage enquiries that you pose to our support. | | Necessary for our legitimate interest to ensure that the participant can communicate with us. |
To perform market analysis, system tests, business and method development and to provide the commissioning company with a progress report regarding the assignment. | | Necessary for our legitimate interest to ensure that the services/programs and our systems meet the participants' and our commissioning company's needs over time. |
To provide direct marketing and offers from Randstad RiseSmart. | | Necessary for our legitimate interest to maintain good relations with our participants. You can always oppose to receiving direct marketing and offers from us, see your rights below. |
For management purposes including management information, organizing internal compliance and control, performing audits and data analysis and general audits | | Necessary for our legitimate interest to develop and safeguard our services, our organisation and your data |
with whom do we share your personal data
We may share your personal data with other companies within the Group for the purpose of providing you with our services/programs and with subcontractors that provide us with services, such as suppliers of operating services and system support. Randstad RiseSmart will continue to be responsible for the processing of your personal data that we perform or subcontractors perform on behalf of Randstad RiseSmart. Subcontractors may not use the personal data for any purposes other than those specified by us. The sharing of personal data within the Randstad RiseSmart Group or to subcontractors occurs in order to fulfil the contract between us, i.e. for us to be able to provide you with the agreed services.
When we share personal data according to the above, the personal data may be transferred to companies within as well as outside the European Economic Area ("EEA"). All such transfers are in accordance with applicable legislation, and if personal data is processed outside the EEA, it will be subject to suitable protective measure. Such suitable protective measures include the European Commission's model clauses for such transfers or that the European Commission has decided that the country provides an adequate level of protection.
Your personal data will also be shared with Randstad RiseSmart's commissioning company or its partners in the event that this is necessary in order to provide you with our services, i.e to help you develop your career. If we provide the client with your personal data, the commissioning company itself will be a Data Controller, independent from Randstad RiseSmart, for processing your personal data after receiving these data from us.
how long do we save your personal data
We process your personal data as long as it is necessary in regards to why the personal data was collected. This entails that the personal data are deleted after the contractual commitments for the assignment in question have been concluded.
security
Randstad RiseSmart has adopted the appropriate technical and organisational measures to protect personal data from loss, misuse, unauthorised access, disclosure, alteration and destruction. To ensure that personal data is processed in a secure and confidential manner, we use data networks that are protected against hacking by such means as firewalls and password protection according to industry standards. To ensure that we can safeguard the personal data that you provide to us via the Internet, we may use encryption technology when we transfer such personal data to our servers over the Internet. Randstad RiseSmart employees and suppliers are bound by confidentiality agreements and are obliged to comply with Randstad RiseSmart's rules for information and IT security, internal policies concerning the processing of personal data and other internal regulations and guidelines that further regulate the processing of personal data.
your rights
According to the General Data Protection Regulation, you have certain rights concerning your personal data.
- Right to access – You have the right to receive certain information concerning the manner in which we process your personal data. Such information is provided through this document. You also have the right to access a copy of your personal data that we process about you.
- Right to rectification – You have the right to have incorrect personal data about you rectified.
- Right to deletion – Under certain circumstances, you have the right to have your personal data deleted. This is commonly known as "the right to be forgotten". However, the right to deletion is conditioned, and a request may be left without action.
- The right to restriction of processing – Under certain circumstances, you have the right to request that the processing of your personal data is restricted. However, the right to restriction is conditioned, and a request may be left without action.
- Right to data portability – You have the right to receive personal data that you have provided to us (or request the transfer of the personal data directly from us to a new Data Controller) in a structured, commonly used and machine-readable format.
- Right to object – You have the right to object to our processing of your personal data if the process is based on our legitimate interest, if you do not believe that Randstad has a legitimate interest to process the personal data. The right to object also applies to the processing of personal data for direct marketing purposes.
Please read more about your rights here:
https://www.imy.se/verksamhet/dataskydd/det-har-galler-enligt-gdpr/de-registrerades-rattigheter/
https://www.imy.se/verksamhet/dataskydd/det-har-galler-enligt-gdpr/de-registrerades-rattigheter/
To make use of your rights through this formulär. After Randstad RiseSmart has received the digital form, Randstad RiseSmart will contact you for identification (e.g. electronic signing).
You also have the right to issue a complaint to the applicable regulatory authority at any time if you believe that Randstad’s processing of your personal data is in conflict with applicable data protection legislation.
Last updated: March 1, 2024
Effective April 1st 2021 to March 15th 2024
DownloadTable of Contents
PRIVACY NOTICE TRANSITION
Document | Privacy notice transition – OBS rör RiseSmarts plattform |
Stakeholder | Participants transition program |
Search way | As an agreement, paper document Svenska: https://login.RiseSmart.com/login English: https://login.RiseSmart.com/login (Integritetspolicyn finns tillgänglig efter att ha loggat in i kontot genom ovan länk) |
Latest updated | 01.01.2021 |
Version | 1.4 |
Your privacy and the security of your personal data is important to Randstad RiseSmart AB which is a group company of Randstad Sweden Group AB in Sweden ("Randstad RiseSmart", "Group", "we" or "us"). Randstad RiseSmart is responsible for ensuring that all personal data is processed correctly and in accordance with applicable data protection legislation. Protecting your personal data and privacy is part of the day-to-day work of our employees. As data controller, Randstad RiseSmart is responsible for processing your personal data and for determining how and for what purpose the data are processed.
Randstad RiseSmart provides outplacement services, career management-, assessment- & competence- and employability services. These services we provide to you and our clients, both in person as well as through our website, are subject to our Terms of Services and this Privacy Notice.
personal data controller and contact information
Within the Group, the following companies may be Personal Data Controller for processing your personal data in the candidate account:
- Randstad Sweden Group AB, corporate ID no. 556089-6572
- Randstad RiseSmart AB, corporate ID no. 556451-7968
The Group share the same Data Protection Officer. If you have questions about Randstad RiseSmart's use of personal data, you can contact Randstad RiseSmart's Data Protection Officer by sending an email to dataskyddsombud@randstad.se.
what personal data we process and how it is collected
Randstad RiseSmart processes your personal data when you are registered as a participant in one of our services/programs. We collect and process the personal data necessary for our service.
The personal data that are processed are name, address, e-mail address, phone number, personal ID number, information on career ambitions, branches of industry you would like to work in, CV such as work experience and previous jobs, information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us, information on your milestone progress and status in job searching, information on your customer satisfaction or other feedback about the job search and the service and other information you voluntarily provide us with.
We collect and process personal data:
- That you yourself provide in connection with your registration as a participant in one of our services/programs, which you leave on our website or when your data is shared with us by the commissioning organisation, our client, as part of our agreement with our client in relation to the services.
- That we collect from you during your participation in one of our services/programs, for instance information regarding your work experience, career ambitions, branches of industry you would like to work in.
this is what we use the personal data for
Purpose of the process | Legal grounds for the process | |
To provide and manage the services which are provided to you as a participant in our services/programs in as, i.e. to help you develop your career. | Necessary to fulfil our contractual undertakings toward you as participant and to the commissioning company. | |
To manage enquiries that you pose to our support. | Necessary for our legitimate interest to ensure that the participant can communicate with us. | |
To perform market analysis, system tests, business and method development and to provide the commissioning company with a progress report regarding the assignment. | Necessary for our legitimate interest to ensure that the services/programs and our systems meet the participants' and our commissioning company's needs over time. | |
To provide direct marketing and offers from Randstad RiseSmart. | Necessary for our legitimate interest to maintain good relations with our participants. You can always oppose to receiving direct marketing and offers from us, see your rights below. | |
For management purposes including management information, organizing internal compliance and control, performing audits and data analysis and general audits | Necessary for our legitimate interest to develop and safeguard our services, our organisation and your data |
with whom do we share your personal data
We may share your personal data with other companies within the Group for the purpose of providing you with our services/programs and with subcontractors that provide us with services, such as suppliers of operating services and system support. Randstad RiseSmart will continue to be responsible for the processing of your personal data that we perform or subcontractors perform on behalf of Randstad RiseSmart. Subcontractors may not use the personal data for any purposes other than those specified by us. The sharing of personal data within the Randstad RiseSmart Group or to subcontractors occurs in order to fulfil the contract between us, i.e. for us to be able to provide you with the agreed services.
When we share personal data according to the above, the personal data may be transferred to companies within as well as outside the European Economic Area ("EEA"). All such transfers are in accordance with applicable legislation, and if personal data is processed outside the EEA, it will be subject to suitable protective measure. Such suitable protective measures include the European Commission's model clauses for such transfers or that the European Commission has decided that the country provides an adequate level of protection.
Your personal data will also be shared with Randstad RiseSmart's commissioning company or its partners in the event that this is necessary in order to provide you with our services, i.e to help you develop your career. If we provide the client with your personal data, the commissioning company itself will be a Data Controller, independent from Randstad RiseSmart, for processing your personal data after receiving these data from us.
how long do we save your personal data
We process your personal data as long as it is necessary in regards to why the personal data was collected. This entails that the personal data are deleted after the contractual commitments for the assignment in question have been concluded.
security
Randstad RiseSmart has adopted the appropriate technical and organisational measures to protect personal data from loss, misuse, unauthorised access, disclosure, alteration and destruction. To ensure that personal data is processed in a secure and confidential manner, we use data networks that are protected against hacking by such means as firewalls and password protection according to industry standards. To ensure that we can safeguard the personal data that you provide to us via the Internet, we may use encryption technology when we transfer such personal data to our servers over the Internet. Randstad RiseSmart employees and suppliers are bound by confidentiality agreements and are obliged to comply with Randstad RiseSmart's rules for information and IT security, internal policies concerning the processing of personal data and other internal regulations and guidelines that further regulate the processing of personal data.
your rights
According to the General Data Protection Regulation, you have certain rights concerning your personal data.
- Right to access – You have the right to receive certain information concerning the manner in which we process your personal data. Such information is provided through this document. You also have the right to access a copy of your personal data that we process about you.
- Right to rectification – You have the right to have incorrect personal data about you rectified.
- Right to deletion – Under certain circumstances, you have the right to have your personal data deleted. This is commonly known as "the right to be forgotten". However, the right to deletion is conditioned, and a request may be left without action.
- The right to restriction of processing – Under certain circumstances, you have the right to request that the processing of your personal data is restricted. However, the right to restriction is conditioned, and a request may be left without action.
- Right to data portability – You have the right to receive personal data that you have provided to us (or request the transfer of the personal data directly from us to a new Data Controller) in a structured, commonly used and machine-readable format.
- Right to object – You have the right to object to our processing of your personal data if the process is based on our legitimate interest, if you do not believe that Randstad has a legitimate interest to process the personal data. The right to object also applies to the processing of personal data for direct marketing purposes.
Please read more about your rights here:
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
To make use of your rights through this formulär. After Randstad RiseSmart has received the digital form, Randstad RiseSmart will contact you for identification (e.g. electronic signing).
You also have the right to issue a complaint to the applicable regulatory authority at any time if you believe that Randstad’s processing of your personal data is in conflict with applicable data protection legislation.
Last updated: January 1, 2021
Effective January 25th 2021 to April 1st 2021
DownloadTable of Contents
PRIVACY NOTICE TRANSITION
Document | Privacy notice transition – OBS rör RiseSmarts plattform |
Stakeholder | Participants transition program |
Search way | As an agreement, paper document Svenska: https://login.RiseSmart.com/login English: https://login.RiseSmart.com/login (Integritetspolicyn finns tillgänglig efter att ha loggat in i kontot genom ovan länk) |
Latest updated | 01.01.2021 |
Version | 1.4 |
Your privacy and the security of your personal data is important to Randstad RiseSmart AB which is a group company of Randstad Sweden Group AB in Sweden ("Randstad RiseSmart", "Group", "we" or "us"). Randstad RiseSmart is responsible for ensuring that all personal data is processed correctly and in accordance with applicable data protection legislation. Protecting your personal data and privacy is part of the day-to-day work of our employees. As data controller, Randstad RiseSmart is responsible for processing your personal data and for determining how and for what purpose the data are processed.
Randstad RiseSmart provides outplacement services, career management-, assessment- & competence- and employability services. These services we provide to you and our clients, both in person as well as through our website, are subject to our Terms of Services and this Privacy Notice.
personal data controller and contact information
Within the Group, the following companies may be Personal Data Controller for processing your personal data in the candidate account:
- Randstad Sweden Group AB, corporate ID no. 556089-6572
- Randstad RiseSmart AB, corporate ID no. 556451-7968
The Group share the same Data Protection Officer. If you have questions about Randstad RiseSmart's use of personal data, you can contact Randstad RiseSmart's Data Protection Officer by sending an email to dataskyddsombud@randstad.se.
what personal data we process and how it is collected
Randstad RiseSmart processes your personal data when you are registered as a participant in one of our services/programs. We collect and process the personal data necessary for our service.
The personal data that are processed are name, address, e-mail address, phone number, personal ID number, information on career ambitions, branches of industry you would like to work in, CV such as work experience and previous jobs, information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us, information on your milestone progress and status in job searching, information on your customer satisfaction or other feedback about the job search and the service and other information you voluntarily provide us with.
We collect and process personal data:
- That you yourself provide in connection with your registration as a participant in one of our services/programs, which you leave on our website or when your data is shared with us by the commissioning organisation, our client, as part of our agreement with our client in relation to the services.
- That we collect from you during your participation in one of our services/programs, for instance information regarding your work experience, career ambitions, branches of industry you would like to work in.
this is what we use the personal data for
Purpose of the process | Legal grounds for the process | |
To provide and manage the services which are provided to you as a participant in our services/programs in as, i.e. to help you develop your career. | Necessary to fulfil our contractual undertakings toward you as participant and to the commissioning company. | |
To manage enquiries that you pose to our support. | Necessary for our legitimate interest to ensure that the participant can communicate with us. | |
To perform market analysis, system tests, business and method development and to provide the commissioning company with a progress report regarding the assignment. | Necessary for our legitimate interest to ensure that the services/programs and our systems meet the participants' and our commissioning company's needs over time. | |
To provide direct marketing and offers from Randstad RiseSmart. | Necessary for our legitimate interest to maintain good relations with our participants. You can always oppose to receiving direct marketing and offers from us, see your rights below. | |
For management purposes including management information, organizing internal compliance and control, performing audits and data analysis and general audits | Necessary for our legitimate interest to develop and safeguard our services, our organisation and your data |
with whom do we share your personal data
We may share your personal data with other companies within the Group for the purpose of providing you with our services/programs and with subcontractors that provide us with services, such as suppliers of operating services and system support. Randstad RiseSmart will continue to be responsible for the processing of your personal data that we perform or subcontractors perform on behalf of Randstad RiseSmart. Subcontractors may not use the personal data for any purposes other than those specified by us. The sharing of personal data within the Randstad RiseSmart Group or to subcontractors occurs in order to fulfil the contract between us, i.e. for us to be able to provide you with the agreed services.
When we share personal data according to the above, the personal data may be transferred to companies within as well as outside the European Economic Area ("EEA"). All such transfers are in accordance with applicable legislation, and if personal data is processed outside the EEA, it will be subject to suitable protective measure. Such suitable protective measures include the European Commission's model clauses for such transfers or that the European Commission has decided that the country provides an adequate level of protection.
Your personal data will also be shared with Randstad RiseSmart's commissioning company or its partners in the event that this is necessary in order to provide you with our services, i.e to help you develop your career. If we provide the client with your personal data, the commissioning company itself will be a Data Controller, independent from Randstad RiseSmart, for processing your personal data after receiving these data from us.
how long do we save your personal data
We process your personal data as long as it is necessary in regards to why the personal data was collected. This entails that the personal data are deleted after the contractual commitments for the assignment in question have been concluded.
security
Randstad RiseSmart has adopted the appropriate technical and organisational measures to protect personal data from loss, misuse, unauthorised access, disclosure, alteration and destruction. To ensure that personal data is processed in a secure and confidential manner, we use data networks that are protected against hacking by such means as firewalls and password protection according to industry standards. To ensure that we can safeguard the personal data that you provide to us via the Internet, we may use encryption technology when we transfer such personal data to our servers over the Internet. Randstad RiseSmart employees and suppliers are bound by confidentiality agreements and are obliged to comply with Randstad RiseSmart's rules for information and IT security, internal policies concerning the processing of personal data and other internal regulations and guidelines that further regulate the processing of personal data.
your rights
According to the General Data Protection Regulation, you have certain rights concerning your personal data.
- Right to access – You have the right to receive certain information concerning the manner in which we process your personal data. Such information is provided through this document. You also have the right to access a copy of your personal data that we process about you.
- Right to rectification – You have the right to have incorrect personal data about you rectified.
- Right to deletion – Under certain circumstances, you have the right to have your personal data deleted. This is commonly known as "the right to be forgotten". However, the right to deletion is conditioned, and a request may be left without action.
- The right to restriction of processing – Under certain circumstances, you have the right to request that the processing of your personal data is restricted. However, the right to restriction is conditioned, and a request may be left without action.
- Right to data portability – You have the right to receive personal data that you have provided to us (or request the transfer of the personal data directly from us to a new Data Controller) in a structured, commonly used and machine-readable format.
- Right to object – You have the right to object to our processing of your personal data if the process is based on our legitimate interest, if you do not believe that Randstad has a legitimate interest to process the personal data. The right to object also applies to the processing of personal data for direct marketing purposes.
Please read more about your rights here:
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
To make use of your rights through this formulär. After Randstad RiseSmart has received the digital form, Randstad RiseSmart will contact you for identification (e.g. electronic signing).
You also have the right to issue a complaint to the applicable regulatory authority at any time if you believe that Randstad’s processing of your personal data is in conflict with applicable data protection legislation.
Last updated: January 1, 2021
Effective February 23rd 2019 to January 25th 2021
DownloadTable of Contents
PRIVACY NOTICE TRANSITION
Document | Privacy notice transition |
Stakeholder | Participants transition program |
Search way | As an agreement, paper document Risesmart: [insert] |
Latest updated | 2019-02-04 |
Version | 1.2 |
Your privacy and the security of your personal data is important to Antenn Consulting AB which is a group company of Randstad Sweden Group AB in Sweden ("Antenn", "Group", "we" or "us"). Antenn is responsible for ensuring that all personal data is processed correctly and in accordance with applicable data protection legislation. Protecting your personal data and privacy is part of the day-to-day work of our employees. As data controller, Antenn is responsible for processing your personal data and for determining how and for what purpose the data are processed.
Antenn provides outplacement services, career management-, assessment- & competence- and employability services. These services we provide to you and our clients, both in person as well as through our website, are subject to our Terms of Services and this Privacy Notice.
personal data controller and contact information
Within the Group, the following companies may be Personal Data Controller for processing your personal data in the candidate account:
- Randstad Sweden Group AB, corporate ID no. 556089-6572
- Antenn Consulting AB, corporate ID no. 556451-7968
The Group share the same Data Protection Officer. If you have questions about Antenn's use of personal data, you can contact Antenn's Data Protection Officer by sending an email to dataskyddsombud@randstad.se.
what personal data we process and how it is collected
Antenn processes your personal data when you are registered as a participant in one of our services/programs. We collect and process the personal data necessary for our service.
The personal data that are processed are name, address, e-mail address, phone number, personal ID number, information on career ambitions, branches of industry you would like to work in, CV such as work experience and previous jobs, information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us, information on your milestone progress and status in job searching, information on your customer satisfaction or other feedback about the job search and the service and other information you voluntarily provide us with.
We collect and process personal data:
- That you yourself provide in connection with your registration as a participant in one of our services/programs, which you leave on our website or when your data is shared with us by the commissioning organisation, our client, as part of our agreement with our client in relation to the services.
- That we collect from you during your participation in one of our services/programs, for instance information regarding your work experience, career ambitions, branches of industry you would like to work in.
this is what we use the personal data for
Purpose of the process | Legal grounds for the process | |
To provide and manage the services which are provided to you as a participant in our services/programs in as, i.e. to help you develop your career. | Necessary to fulfil our contractual undertakings toward you as participant and to the commissioning company. | |
To manage enquiries that you pose to our support. | Necessary for our legitimate interest to ensure that the participant can communicate with us. | |
To perform market analysis, system tests, business and method development and to provide the commissioning company with a progress report regarding the assignment. | Necessary for our legitimate interest to ensure that the services/programs and our systems meet the participants' and our commissioning company's needs over time. | |
To provide direct marketing and offers from Antenn. | Necessary for our legitimate interest to maintain good relations with our participants. You can always oppose to receiving direct marketing and offers from us, see your rights below. | |
For management purposes including management information, organizing internal compliance and control, performing audits and data analysis and general audits | Necessary for our legitimate interest to develop and safeguard our services, our organisation and your data |
with whom do we share your personal data
We may share your personal data with other companies within the Group for the purpose of providing you with our services/programs and with subcontractors that provide us with services, such as suppliers of operating services and system support. Antenn will continue to be responsible for the processing of your personal data that we perform or subcontractors perform on behalf of Antenn. Subcontractors may not use the personal data for any purposes other than those specified by us. The sharing of personal data within the Antenn Group or to subcontractors occurs in order to fulfil the contract between us, i.e. for us to be able to provide you with the agreed services.
When we share personal data according to the above, the personal data may be transferred to companies within as well as outside the European Economic Area ("EEA"). All such transfers are in accordance with applicable legislation, and if personal data is processed outside the EEA, it will be subject to suitable protective measure. Such suitable protective measures include the European Commission's model clauses for such transfers, that the European Commission has decided that the country provides an adequate level of protection or that the receiving company is certified under the EU-US Privacy Shield.
Your personal data will also be shared with Antenn's commissioning company or its partners in the event that this is necessary in order to provide you with our services, i.e to help you develop your career. If we provide the client with your personal data, the commissioning company itself will be a Data Controller, independent from Antenn, for processing your personal data after receiving these data from us.
how long do we save your personal data
We process your personal data as long as it is necessary in regards to why the personal data was collected. This entails that the personal data are deleted after the contractual commitments for the assignment in question have been concluded.
security
Antenn has adopted the appropriate technical and organisational measures to protect personal data from loss, misuse, unauthorised access, disclosure, alteration and destruction. To ensure that personal data is processed in a secure and confidential manner, we use data networks that are protected against hacking by such means as firewalls and password protection according to industry standards. To ensure that we can safeguard the personal data that you provide to us via the Internet, we may use encryption technology when we transfer such personal data to our servers over the Internet. Antenn employees and suppliers are bound by confidentiality agreements and are obliged to comply with Antenn's rules for information and IT security, internal policies concerning the processing of personal data and other internal regulations and guidelines that further regulate the processing of personal data.
your rights
According to the General Data Protection Regulation, you have certain rights concerning your personal data.
- Right to access – You have the right to receive certain information concerning the manner in which we process your personal data. Such information is provided through this document. You also have the right to access a copy of your personal data that we process about you.
- Right to rectification – You have the right to have incorrect personal data about you rectified.
- Right to deletion – Under certain circumstances, you have the right to have your personal data deleted. This is commonly known as "the right to be forgotten". However, the right to deletion is conditioned, and a request may be left without action.
- The right to restriction of processing – Under certain circumstances, you have the right to request that the processing of your personal data is restricted. However, the right to restriction is conditioned, and a request may be left without action.
- Right to data portability – You have the right to receive personal data that you have provided to us (or request the transfer of the personal data directly from us to a new Data Controller) in a structured, commonly used and machine-readable format.
- Right to object – You have the right to object to our processing of your personal data if the process is based on our legitimate interest, if you do not believe that Randstad has a legitimate interest to process the personal data. The right to object also applies to the processing of personal data for direct marketing purposes.
Please read more about your rights here:
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
To make use of your rights through this request form. After Antenn has received the digital form, Antenn will contact you for identification (e.g. electronic signing).
You also have the right to issue a complaint to the applicable regulatory authority at any time if you believe that Randstad’s processing of your personal data is in conflict with applicable data protection legislation.
Last updated: 4 February 2019
Integritetspolicy deltagare omställning v1.4 SE Eng 1 jan 2021 Final_RiseSmart
Effective April 1st 2021
DownloadTable of Contents
PRIVACY NOTICE TRANSITION
Document | Privacy notice transition – OBS rör RiseSmarts plattform |
Stakeholder | Participants transition program |
Search way | As an agreement, paper document Svenska: https://login.RiseSmart.com/login English: https://login.RiseSmart.com/login (Integritetspolicyn finns tillgänglig efter att ha loggat in i kontot genom ovan länk) |
Latest updated | 01.01.2021 |
Version | 1.4 |
Your privacy and the security of your personal data is important to Randstad RiseSmart AB which is a group company of Randstad Sweden Group AB in Sweden ("Randstad RiseSmart", "Group", "we" or "us"). Randstad RiseSmart is responsible for ensuring that all personal data is processed correctly and in accordance with applicable data protection legislation. Protecting your personal data and privacy is part of the day-to-day work of our employees. As data controller, Randstad RiseSmart is responsible for processing your personal data and for determining how and for what purpose the data are processed.
Randstad RiseSmart provides outplacement services, career management-, assessment- & competence- and employability services. These services we provide to you and our clients, both in person as well as through our website, are subject to our Terms of Services and this Privacy Notice.
personal data controller and contact information
Within the Group, the following companies may be Personal Data Controller for processing your personal data in the candidate account:
- Randstad Sweden Group AB, corporate ID no. 556089-6572
- Randstad RiseSmart AB, corporate ID no. 556451-7968
The Group share the same Data Protection Officer. If you have questions about Randstad RiseSmart's use of personal data, you can contact Randstad RiseSmart's Data Protection Officer by sending an email to dataskyddsombud@randstad.se.
what personal data we process and how it is collected
Randstad RiseSmart processes your personal data when you are registered as a participant in one of our services/programs. We collect and process the personal data necessary for our service.
The personal data that are processed are name, address, e-mail address, phone number, personal ID number, information on career ambitions, branches of industry you would like to work in, CV such as work experience and previous jobs, information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us, information on your milestone progress and status in job searching, information on your customer satisfaction or other feedback about the job search and the service and other information you voluntarily provide us with.
We collect and process personal data:
- That you yourself provide in connection with your registration as a participant in one of our services/programs, which you leave on our website or when your data is shared with us by the commissioning organisation, our client, as part of our agreement with our client in relation to the services.
- That we collect from you during your participation in one of our services/programs, for instance information regarding your work experience, career ambitions, branches of industry you would like to work in.
this is what we use the personal data for
Purpose of the process | Legal grounds for the process | |
To provide and manage the services which are provided to you as a participant in our services/programs in as, i.e. to help you develop your career. | Necessary to fulfil our contractual undertakings toward you as participant and to the commissioning company. | |
To manage enquiries that you pose to our support. | Necessary for our legitimate interest to ensure that the participant can communicate with us. | |
To perform market analysis, system tests, business and method development and to provide the commissioning company with a progress report regarding the assignment. | Necessary for our legitimate interest to ensure that the services/programs and our systems meet the participants' and our commissioning company's needs over time. | |
To provide direct marketing and offers from Randstad RiseSmart. | Necessary for our legitimate interest to maintain good relations with our participants. You can always oppose to receiving direct marketing and offers from us, see your rights below. | |
For management purposes including management information, organizing internal compliance and control, performing audits and data analysis and general audits | Necessary for our legitimate interest to develop and safeguard our services, our organisation and your data |
with whom do we share your personal data
We may share your personal data with other companies within the Group for the purpose of providing you with our services/programs and with subcontractors that provide us with services, such as suppliers of operating services and system support. Randstad RiseSmart will continue to be responsible for the processing of your personal data that we perform or subcontractors perform on behalf of Randstad RiseSmart. Subcontractors may not use the personal data for any purposes other than those specified by us. The sharing of personal data within the Randstad RiseSmart Group or to subcontractors occurs in order to fulfil the contract between us, i.e. for us to be able to provide you with the agreed services.
When we share personal data according to the above, the personal data may be transferred to companies within as well as outside the European Economic Area ("EEA"). All such transfers are in accordance with applicable legislation, and if personal data is processed outside the EEA, it will be subject to suitable protective measure. Such suitable protective measures include the European Commission's model clauses for such transfers or that the European Commission has decided that the country provides an adequate level of protection.
Your personal data will also be shared with Randstad RiseSmart's commissioning company or its partners in the event that this is necessary in order to provide you with our services, i.e to help you develop your career. If we provide the client with your personal data, the commissioning company itself will be a Data Controller, independent from Randstad RiseSmart, for processing your personal data after receiving these data from us.
how long do we save your personal data
We process your personal data as long as it is necessary in regards to why the personal data was collected. This entails that the personal data are deleted after the contractual commitments for the assignment in question have been concluded.
security
Randstad RiseSmart has adopted the appropriate technical and organisational measures to protect personal data from loss, misuse, unauthorised access, disclosure, alteration and destruction. To ensure that personal data is processed in a secure and confidential manner, we use data networks that are protected against hacking by such means as firewalls and password protection according to industry standards. To ensure that we can safeguard the personal data that you provide to us via the Internet, we may use encryption technology when we transfer such personal data to our servers over the Internet. Randstad RiseSmart employees and suppliers are bound by confidentiality agreements and are obliged to comply with Randstad RiseSmart's rules for information and IT security, internal policies concerning the processing of personal data and other internal regulations and guidelines that further regulate the processing of personal data.
your rights
According to the General Data Protection Regulation, you have certain rights concerning your personal data.
- Right to access – You have the right to receive certain information concerning the manner in which we process your personal data. Such information is provided through this document. You also have the right to access a copy of your personal data that we process about you.
- Right to rectification – You have the right to have incorrect personal data about you rectified.
- Right to deletion – Under certain circumstances, you have the right to have your personal data deleted. This is commonly known as "the right to be forgotten". However, the right to deletion is conditioned, and a request may be left without action.
- The right to restriction of processing – Under certain circumstances, you have the right to request that the processing of your personal data is restricted. However, the right to restriction is conditioned, and a request may be left without action.
- Right to data portability – You have the right to receive personal data that you have provided to us (or request the transfer of the personal data directly from us to a new Data Controller) in a structured, commonly used and machine-readable format.
- Right to object – You have the right to object to our processing of your personal data if the process is based on our legitimate interest, if you do not believe that Randstad has a legitimate interest to process the personal data. The right to object also applies to the processing of personal data for direct marketing purposes.
Please read more about your rights here:
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
To make use of your rights through this formulär. After Randstad RiseSmart has received the digital form, Randstad RiseSmart will contact you for identification (e.g. electronic signing).
You also have the right to issue a complaint to the applicable regulatory authority at any time if you believe that Randstad’s processing of your personal data is in conflict with applicable data protection legislation.
Last updated: January 1, 2021
Effective January 25th 2021 to April 1st 2021
DownloadTable of Contents
PRIVACY NOTICE TRANSITION
Document | Privacy notice transition – OBS rör RiseSmarts plattform |
Stakeholder | Participants transition program |
Search way | As an agreement, paper document Svenska: https://login.RiseSmart.com/login English: https://login.RiseSmart.com/login (Integritetspolicyn finns tillgänglig efter att ha loggat in i kontot genom ovan länk) |
Latest updated | 01.01.2021 |
Version | 1.4 |
Your privacy and the security of your personal data is important to Randstad RiseSmart AB which is a group company of Randstad Sweden Group AB in Sweden ("Randstad RiseSmart", "Group", "we" or "us"). Randstad RiseSmart is responsible for ensuring that all personal data is processed correctly and in accordance with applicable data protection legislation. Protecting your personal data and privacy is part of the day-to-day work of our employees. As data controller, Randstad RiseSmart is responsible for processing your personal data and for determining how and for what purpose the data are processed.
Randstad RiseSmart provides outplacement services, career management-, assessment- & competence- and employability services. These services we provide to you and our clients, both in person as well as through our website, are subject to our Terms of Services and this Privacy Notice.
personal data controller and contact information
Within the Group, the following companies may be Personal Data Controller for processing your personal data in the candidate account:
- Randstad Sweden Group AB, corporate ID no. 556089-6572
- Randstad RiseSmart AB, corporate ID no. 556451-7968
The Group share the same Data Protection Officer. If you have questions about Randstad RiseSmart's use of personal data, you can contact Randstad RiseSmart's Data Protection Officer by sending an email to dataskyddsombud@randstad.se.
what personal data we process and how it is collected
Randstad RiseSmart processes your personal data when you are registered as a participant in one of our services/programs. We collect and process the personal data necessary for our service.
The personal data that are processed are name, address, e-mail address, phone number, personal ID number, information on career ambitions, branches of industry you would like to work in, CV such as work experience and previous jobs, information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us, information on your milestone progress and status in job searching, information on your customer satisfaction or other feedback about the job search and the service and other information you voluntarily provide us with.
We collect and process personal data:
- That you yourself provide in connection with your registration as a participant in one of our services/programs, which you leave on our website or when your data is shared with us by the commissioning organisation, our client, as part of our agreement with our client in relation to the services.
- That we collect from you during your participation in one of our services/programs, for instance information regarding your work experience, career ambitions, branches of industry you would like to work in.
this is what we use the personal data for
Purpose of the process | Legal grounds for the process | |
To provide and manage the services which are provided to you as a participant in our services/programs in as, i.e. to help you develop your career. | Necessary to fulfil our contractual undertakings toward you as participant and to the commissioning company. | |
To manage enquiries that you pose to our support. | Necessary for our legitimate interest to ensure that the participant can communicate with us. | |
To perform market analysis, system tests, business and method development and to provide the commissioning company with a progress report regarding the assignment. | Necessary for our legitimate interest to ensure that the services/programs and our systems meet the participants' and our commissioning company's needs over time. | |
To provide direct marketing and offers from Randstad RiseSmart. | Necessary for our legitimate interest to maintain good relations with our participants. You can always oppose to receiving direct marketing and offers from us, see your rights below. | |
For management purposes including management information, organizing internal compliance and control, performing audits and data analysis and general audits | Necessary for our legitimate interest to develop and safeguard our services, our organisation and your data |
with whom do we share your personal data
We may share your personal data with other companies within the Group for the purpose of providing you with our services/programs and with subcontractors that provide us with services, such as suppliers of operating services and system support. Randstad RiseSmart will continue to be responsible for the processing of your personal data that we perform or subcontractors perform on behalf of Randstad RiseSmart. Subcontractors may not use the personal data for any purposes other than those specified by us. The sharing of personal data within the Randstad RiseSmart Group or to subcontractors occurs in order to fulfil the contract between us, i.e. for us to be able to provide you with the agreed services.
When we share personal data according to the above, the personal data may be transferred to companies within as well as outside the European Economic Area ("EEA"). All such transfers are in accordance with applicable legislation, and if personal data is processed outside the EEA, it will be subject to suitable protective measure. Such suitable protective measures include the European Commission's model clauses for such transfers or that the European Commission has decided that the country provides an adequate level of protection.
Your personal data will also be shared with Randstad RiseSmart's commissioning company or its partners in the event that this is necessary in order to provide you with our services, i.e to help you develop your career. If we provide the client with your personal data, the commissioning company itself will be a Data Controller, independent from Randstad RiseSmart, for processing your personal data after receiving these data from us.
how long do we save your personal data
We process your personal data as long as it is necessary in regards to why the personal data was collected. This entails that the personal data are deleted after the contractual commitments for the assignment in question have been concluded.
security
Randstad RiseSmart has adopted the appropriate technical and organisational measures to protect personal data from loss, misuse, unauthorised access, disclosure, alteration and destruction. To ensure that personal data is processed in a secure and confidential manner, we use data networks that are protected against hacking by such means as firewalls and password protection according to industry standards. To ensure that we can safeguard the personal data that you provide to us via the Internet, we may use encryption technology when we transfer such personal data to our servers over the Internet. Randstad RiseSmart employees and suppliers are bound by confidentiality agreements and are obliged to comply with Randstad RiseSmart's rules for information and IT security, internal policies concerning the processing of personal data and other internal regulations and guidelines that further regulate the processing of personal data.
your rights
According to the General Data Protection Regulation, you have certain rights concerning your personal data.
- Right to access – You have the right to receive certain information concerning the manner in which we process your personal data. Such information is provided through this document. You also have the right to access a copy of your personal data that we process about you.
- Right to rectification – You have the right to have incorrect personal data about you rectified.
- Right to deletion – Under certain circumstances, you have the right to have your personal data deleted. This is commonly known as "the right to be forgotten". However, the right to deletion is conditioned, and a request may be left without action.
- The right to restriction of processing – Under certain circumstances, you have the right to request that the processing of your personal data is restricted. However, the right to restriction is conditioned, and a request may be left without action.
- Right to data portability – You have the right to receive personal data that you have provided to us (or request the transfer of the personal data directly from us to a new Data Controller) in a structured, commonly used and machine-readable format.
- Right to object – You have the right to object to our processing of your personal data if the process is based on our legitimate interest, if you do not believe that Randstad has a legitimate interest to process the personal data. The right to object also applies to the processing of personal data for direct marketing purposes.
Please read more about your rights here:
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
To make use of your rights through this formulär. After Randstad RiseSmart has received the digital form, Randstad RiseSmart will contact you for identification (e.g. electronic signing).
You also have the right to issue a complaint to the applicable regulatory authority at any time if you believe that Randstad’s processing of your personal data is in conflict with applicable data protection legislation.
Last updated: January 1, 2021
Effective February 23rd 2019 to January 25th 2021
DownloadTable of Contents
PRIVACY NOTICE TRANSITION
Document | Privacy notice transition |
Stakeholder | Participants transition program |
Search way | As an agreement, paper document Risesmart: [insert] |
Latest updated | 2019-02-04 |
Version | 1.2 |
Your privacy and the security of your personal data is important to Antenn Consulting AB which is a group company of Randstad Sweden Group AB in Sweden ("Antenn", "Group", "we" or "us"). Antenn is responsible for ensuring that all personal data is processed correctly and in accordance with applicable data protection legislation. Protecting your personal data and privacy is part of the day-to-day work of our employees. As data controller, Antenn is responsible for processing your personal data and for determining how and for what purpose the data are processed.
Antenn provides outplacement services, career management-, assessment- & competence- and employability services. These services we provide to you and our clients, both in person as well as through our website, are subject to our Terms of Services and this Privacy Notice.
personal data controller and contact information
Within the Group, the following companies may be Personal Data Controller for processing your personal data in the candidate account:
- Randstad Sweden Group AB, corporate ID no. 556089-6572
- Antenn Consulting AB, corporate ID no. 556451-7968
The Group share the same Data Protection Officer. If you have questions about Antenn's use of personal data, you can contact Antenn's Data Protection Officer by sending an email to dataskyddsombud@randstad.se.
what personal data we process and how it is collected
Antenn processes your personal data when you are registered as a participant in one of our services/programs. We collect and process the personal data necessary for our service.
The personal data that are processed are name, address, e-mail address, phone number, personal ID number, information on career ambitions, branches of industry you would like to work in, CV such as work experience and previous jobs, information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us, information on your milestone progress and status in job searching, information on your customer satisfaction or other feedback about the job search and the service and other information you voluntarily provide us with.
We collect and process personal data:
- That you yourself provide in connection with your registration as a participant in one of our services/programs, which you leave on our website or when your data is shared with us by the commissioning organisation, our client, as part of our agreement with our client in relation to the services.
- That we collect from you during your participation in one of our services/programs, for instance information regarding your work experience, career ambitions, branches of industry you would like to work in.
this is what we use the personal data for
Purpose of the process | Legal grounds for the process | |
To provide and manage the services which are provided to you as a participant in our services/programs in as, i.e. to help you develop your career. | Necessary to fulfil our contractual undertakings toward you as participant and to the commissioning company. | |
To manage enquiries that you pose to our support. | Necessary for our legitimate interest to ensure that the participant can communicate with us. | |
To perform market analysis, system tests, business and method development and to provide the commissioning company with a progress report regarding the assignment. | Necessary for our legitimate interest to ensure that the services/programs and our systems meet the participants' and our commissioning company's needs over time. | |
To provide direct marketing and offers from Antenn. | Necessary for our legitimate interest to maintain good relations with our participants. You can always oppose to receiving direct marketing and offers from us, see your rights below. | |
For management purposes including management information, organizing internal compliance and control, performing audits and data analysis and general audits | Necessary for our legitimate interest to develop and safeguard our services, our organisation and your data |
with whom do we share your personal data
We may share your personal data with other companies within the Group for the purpose of providing you with our services/programs and with subcontractors that provide us with services, such as suppliers of operating services and system support. Antenn will continue to be responsible for the processing of your personal data that we perform or subcontractors perform on behalf of Antenn. Subcontractors may not use the personal data for any purposes other than those specified by us. The sharing of personal data within the Antenn Group or to subcontractors occurs in order to fulfil the contract between us, i.e. for us to be able to provide you with the agreed services.
When we share personal data according to the above, the personal data may be transferred to companies within as well as outside the European Economic Area ("EEA"). All such transfers are in accordance with applicable legislation, and if personal data is processed outside the EEA, it will be subject to suitable protective measure. Such suitable protective measures include the European Commission's model clauses for such transfers, that the European Commission has decided that the country provides an adequate level of protection or that the receiving company is certified under the EU-US Privacy Shield.
Your personal data will also be shared with Antenn's commissioning company or its partners in the event that this is necessary in order to provide you with our services, i.e to help you develop your career. If we provide the client with your personal data, the commissioning company itself will be a Data Controller, independent from Antenn, for processing your personal data after receiving these data from us.
how long do we save your personal data
We process your personal data as long as it is necessary in regards to why the personal data was collected. This entails that the personal data are deleted after the contractual commitments for the assignment in question have been concluded.
security
Antenn has adopted the appropriate technical and organisational measures to protect personal data from loss, misuse, unauthorised access, disclosure, alteration and destruction. To ensure that personal data is processed in a secure and confidential manner, we use data networks that are protected against hacking by such means as firewalls and password protection according to industry standards. To ensure that we can safeguard the personal data that you provide to us via the Internet, we may use encryption technology when we transfer such personal data to our servers over the Internet. Antenn employees and suppliers are bound by confidentiality agreements and are obliged to comply with Antenn's rules for information and IT security, internal policies concerning the processing of personal data and other internal regulations and guidelines that further regulate the processing of personal data.
your rights
According to the General Data Protection Regulation, you have certain rights concerning your personal data.
- Right to access – You have the right to receive certain information concerning the manner in which we process your personal data. Such information is provided through this document. You also have the right to access a copy of your personal data that we process about you.
- Right to rectification – You have the right to have incorrect personal data about you rectified.
- Right to deletion – Under certain circumstances, you have the right to have your personal data deleted. This is commonly known as "the right to be forgotten". However, the right to deletion is conditioned, and a request may be left without action.
- The right to restriction of processing – Under certain circumstances, you have the right to request that the processing of your personal data is restricted. However, the right to restriction is conditioned, and a request may be left without action.
- Right to data portability – You have the right to receive personal data that you have provided to us (or request the transfer of the personal data directly from us to a new Data Controller) in a structured, commonly used and machine-readable format.
- Right to object – You have the right to object to our processing of your personal data if the process is based on our legitimate interest, if you do not believe that Randstad has a legitimate interest to process the personal data. The right to object also applies to the processing of personal data for direct marketing purposes.
Please read more about your rights here:
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
To make use of your rights through this request form. After Antenn has received the digital form, Antenn will contact you for identification (e.g. electronic signing).
You also have the right to issue a complaint to the applicable regulatory authority at any time if you believe that Randstad’s processing of your personal data is in conflict with applicable data protection legislation.
Last updated: 4 February 2019
Integritetspolicy deltagare omställning v1.4 SE Swe Final_1 Jan 2021 RiseSmart
Effective March 15th 2024
DownloadTable of Contents
Dokument | Integritetspolicy för deltagare i Randstad Risesmarts program - OBS rör Risesmarts plattform |
Intressegrupp | Deltagare i Randstad Risesmarts program |
Sökväg | Pappersform som avtal |
Senast uppdaterad | 01.03.2024 |
Version | 1.6 |
Din personliga integritet och säkerhet för dina personuppgifter är viktig för Randstad Risesmart AB, som är en del av koncernen Randstad Sweden Group AB ("Koncernen"). Randstad Risesmart ansvarar för att se till att alla personuppgifter behandlas på ett korrekt sätt och i enlighet med tillämplig dataskyddslagstiftning och Randstads dataskyddspolicy. Att skydda dina personuppgifter och din integritet är en del av våra anställdas arbete. Randstad Risesmart är som personuppgiftsansvarig ansvarig för behandlingen av dina personuppgifter och hur och för vilka ändamål den görs.
Randstad Risesmart tillhandahåller omställningstjänster, karriärhantering-, bedömning- och kompetens- och anställbarhetstjänster. Dessa tjänster vi tillhandahåller till dig och våra kunder, både personligen och via vår hemsida, omfattas av våra Användarvillkor och denna Integritetspolicy.
Inom Koncernen kan följande bolag vara personuppgiftsansvarig för behandling av dina personuppgifter när vi tillhandahåller en av tjänsterna du har begärt som deltagare i en av våra program:
Randstad Sweden Group AB, org.nr. 556089-6572
Randstad Risesmart AB, org.nr. 556517-7143
Koncernen har ett gemensamt dataskyddsombud och du behöver endast använda en kontaktväg om du har frågor och funderingar kring Randstad Risesmarts personuppgiftsbehandling. Vid frågor är du välkommen att kontakta oss på dataskyddsombud@randstad.se.
Randstad Risesmart kommer behandla dina uppgifter när du registreras som deltagare inom våra tjänster/program. De personuppgifter som behandlas är namn, adress, e-postadress, telefonnummer, personnummer, uppgifter om karriärambitioner, branscher du vill jobba inom, uppgifter i CV, som t.ex. arbetslivserfarenhet och tidigare arbetsplatser, information om utbildningar, träning och/eller test som du har följt eller tagit, på eget initiativ eller via oss, information om din framgång och status vid jobbsökning, information om din kundnöjdhet eller annan feedback om jobbsökningen och service, och eventuellt andra uppgifter du frivilligt lämnar till oss.
Vi samlar in och behandlar personuppgifter:
Som du själv eller som vår uppdragsgivare lämnar i samband med att du registreras som deltagare inom en av våra tjänster/program, som du lämnar på vår hemsida eller når dina uppgifter delas med oss av uppdragsorganisationen, vår kund, som en del av vårt avtal med vår kund i samband med tjänsterna.
Som vi inhämtar från dig under den tid du ingår i en av våra program/tjänster, t.ex. uppgifter om arbetslivserfarenhet, karriärambitioner, branscher du vill arbeta inom etc.
Randstad Risesmart behandlar dina personuppgifter endast för de syften som anges nedan.
Syfte med behandlingen | Legal grund för behandlingen | |
Att tillhandahålla och administrera tjänsterna som tillhandahålls till dig som deltagare i våra tjänster/program, dvs. att hjälpa dig utveckla din karriär. | | Nödvändigt för att uppfylla våra avtalsenliga åtaganden gentemot dig som deltagare och vår uppdragsgivare. |
Att hantera förfrågningar som du ställer till vår support. | | Nödvändigt för vårt berättigade intresse att säkerställa att deltagare kan kommunicera med oss. |
Att utföra marknadsanalyser, systemtester, affärs- och metodutveckling och återrapportering till uppdragsgivare. | | Nödvändigt för vårt berättigade intresse att säkerställa att våra tjänster/program och våra system möter deltagares och uppdragsgivarens behov över tid. |
Att tillhandahålla direktmarknadsföring och erbjudanden från Randstad Risesmart. | | Nödvändigt för vårt berättigade intresse att upprätthålla goda relationer med våra deltagare. Du kan alltid avsäga dig direktreklam och erbjudanden från oss, se nedan under dina rättigheter. |
För hanteringsändamål inklusive hanteringsinformation, organisering av intern efterlevnad och kontroll, utförande av revisioner och dataanalys och allmänna revisioner | | Nödvändigt för vårt berättigade intresse att utveckla och skydda våra tjänster, vår organisation och dina uppgifter. |
Vi kan komma att dela med oss av dina personuppgifter inom Koncernen för att tillhandahålla våra tjänster/program och vi kan komma att dela med oss av dina personuppgifter med våra underleverantörer som tillhandahåller tjänster till oss, t.ex. leverantörer av drift och support av våra system. Randstad Risesmart är fortsatt ansvarig för den behandling av dina personuppgifter som vi eller underleverantör utför på Randstad Risesmarts uppdrag och underleverantörer får inte använda personuppgifterna för andra ändamål än de vi anger. Delning av personuppgifter inom Randstad Risesmart eller till underleverantör sker för att uppfylla avtalet mellan oss, dvs. för att vi ska kunna tillhandahålla de överenskomna tjänsterna till dig.
När vi delar med oss av personuppgifter enligt ovan kan personuppgifter överföras till bolag såväl inom som utom EES. All sådan överföring är baserad på gällande lag och om behandlingen görs utanför EES kommer vara föremål för lämpliga skyddsåtgärder i form av t.ex. EU-kommissionens modellklausuler för sådan överföring eller att EU-kommissionen har beslutat att landet har en adekvat skyddsnivå.
Personuppgifter om dig kommer också att delas med vår uppdragsgivare, eller dess samarbetspartner i de fall det behövs för att kunna utföra våra tjänster till dig, dvs. att hjälpa dig utveckla din karriär. Om vi lämnar dina personuppgifter till vår uppdragsgivare är uppdragsgivaren självständigt personuppgiftsansvarig för sin behandling av dina personuppgifter efter sådant mottagande från oss.
Vi behandlar dina personuppgifter så länge det är nödvändigt med hänsyn till varför personuppgifterna samlades in. Det innebär att dina personuppgifter gallras efter att Randstad Risesmarts leveransåtagande för det aktuella uppdraget/avtalet tar slut.
Randstad Risesmart har vidtagit lämpliga tekniska och organisatoriska åtgärder för att skydda personuppgifter mot förlust, missbruk, obehörig åtkomst, avslöjande, ändring och förstörelse. För att säkerställa att personuppgifter behandlas på ett säkert och konfidentiellt sätt använder vi oss av datanätverk som är intrångsskyddade med bland annat brandväggar och lösenordsskydd enligt branschstandard. För att säkerställa integriteten för de personuppgifter som du lämnar via Internet kan vi komma att använda krypteringsteknik när vi överför sådana personuppgifter över Internet till våra servrar. Randstad Risesmart anställda och leverantörer är bundna av sekretessavtal och är skyldiga att följa Randstad Risesmart regler för informations- och IT-säkerhet, interna policys avseende behandling av personuppgifter och andra interna föreskrifter och riktlinjer som ytterligare reglerar behandlingen av personuppgifter.
Du har vissa rättigheter enligt dataskyddsförordningen när det gäller dina personuppgifter:
Rätt till tillgång – Du har rätt att få viss information om vår behandling av dina personuppgifter. Sådan information ges genom detta informationsdokument. Du har även rätt att få tillgång till en
kopia av de personuppgifter vi behandlar om dig.
Rätt till rättelse – Du har rätt att få felaktiga personuppgifter om dig rättade.
Rätt till radering – Under visa omständigheter har du rätt att få dina personuppgifter raderade. Detta brukar kallas "rätten att bli bortglömd". Rätten till radering är dock villkorad och en begäran kan lämnas utan åtgärd.
Rätt till begränsning – Under visa omständigheter har du rätt att kräva att behandlingen av dina personuppgifter begränsas. Rätten till begränsning är dock villkorad och en begäran kan lämnas utan åtgärd.
Rätt till dataportabilitet – Du har rätt att få ut personuppgifter du lämnat till oss (eller begära överföring av uppgifterna direkt från oss till en ny personuppgiftsansvarig) i ett strukturerat, allmänt använt och maskinläsbart format.
Rätt att invända – Du har rätt att invända mot vår behandling av dina personuppgifter om behandlingen grundar sig en intresseavvägning, om du inte anser att Randstad Risesmart har ett berättigat intresse av att behandla personuppgifterna. Rätten att invända gäller också behandling av personuppgifter för direkt marknadsföring.
Läs gärna mer om rättigheterna här:
https://www.imy.se/verksamhet/dataskydd/det-har-galler-enligt-gdpr/de-registrerades-rattigheter/
https://www.imy.se/verksamhet/dataskydd/det-har-galler-enligt-gdpr/de-registrerades-rattigheter/
Du kan nyttja dina rättigheter genom detta formulär. När Randstad Risesmart har tagit emot formuläret från dig kommer du att kontaktas av Randstad Risesmart för identifiering (t.ex. e-signering).
Du har även rätt att när som helst inge klagomål till tillämplig tillsynsmyndighet om du anser att Randstad Risesmart behandlar dina personuppgifter i strid med tillämplig dataskyddslagstiftning.
Senast uppdaterat: Mars 1, 2024
Effective April 1st 2021 to March 15th 2024
DownloadTable of Contents
Dokument | Integritetspolicy för deltagare i Randstad Risesmarts program - OBS rör Risesmarts plattform |
Intressegrupp | Deltagare i Randstad Risesmarts program |
Sökväg | Pappersform som avtal Svenska: https://login.risesmart.com/login English: https://login.risesmart.com/login (Integritetspolicyn finns tillgänglig efter att ha loggat in i kontot genom ovan länk) |
Senast uppdaterad | 01.01.2021 |
Version | 1.4 |
Din personliga integritet och säkerhet för dina personuppgifter är viktig för Randstad Risesmart AB, som är en del av koncernen Randstad Sweden Group AB ("Koncernen"). Randstad Risesmart ansvarar för att se till att alla personuppgifter behandlas på ett korrekt sätt och i enlighet med tillämplig dataskyddslagstiftning. Att skydda dina personuppgifter och din integritet är en del av våra anställdas arbete. Randstad Risesmart är som personuppgiftsansvarig ansvarig för behandlingen av dina personuppgifter och hur och för vilka ändamål den görs.
Randstad Risesmart tillhandahåller omställningstjänster, karriärhantering-, bedömning- och kompetens- och anställbarhetstjänster. Dessa tjänster vi tillhandahåller till dig och våra kunder, både personligen och via vår hemsida, omfattas av våra Användarvillkor och denna Integritetspolicy.
Inom Koncernen kan följande bolag vara personuppgiftsansvarig för behandling av dina personuppgifter när vi tillhandahåller en av tjänsterna du har begärt som deltagare i en av våra program:
- Randstad Sweden Group AB, org.nr. 556089-6572
- Randstad Risesmart AB, org.nr. 556451-7968
Koncernen har ett gemensamt dataskyddsombud och du behöver endast använda en kontaktväg om du har frågor och funderingar kring Randstad Risesmarts personuppgiftsbehandling. Vid frågor är du välkommen att kontakta oss på dataskyddsombud@randstad.se.
Randstad Risesmart kommer behandla dina uppgifter när du registreras som deltagare inom våra tjänster/program. De personuppgifter som behandlas är namn, adress, e-postadress, telefonnummer, personnummer, uppgifter om karriärambitioner, branscher du vill jobba inom, uppgifter i CV, som t.ex. arbetslivserfarenhet och tidigare arbetsplatser, information om utbildningar, träning och/eller test som du har följt eller tagit, på eget initiativ eller via oss, information om din framgång och status vid jobbsökning, information om din kundnöjdhet eller annan feedback om jobbsökningen och service, och eventuellt andra uppgifter du frivilligt lämnar till oss.
Vi samlar in och behandlar personuppgifter:
- Som du själv eller som vår uppdragsgivare lämnar i samband med att du registreras som deltagare inom en av våra tjänster/program, som du lämnar på vår hemsida eller når dina uppgifter delas med oss av uppdragsorganisationen, vår kund, som en del av vårt avtal med vår kund i samband med tjänsterna.
- Som vi inhämtar från dig under den tid du ingår i en av våra program/tjänster, t.ex. uppgifter om arbetslivserfarenhet, karriärambitioner, branscher du vill arbeta inom etc.
Randstad Risesmart behandlar dina personuppgifter endast för de syften som anges nedan.
Syfte med behandlingen | Legal grund för behandlingen | |
Att tillhandahålla och administrera tjänsterna som tillhandahålls till dig som deltagare i våra tjänster/program, dvs. att hjälpa dig utveckla din karriär. | Nödvändigt för att uppfylla våra avtalsenliga åtaganden gentemot dig som deltagare och vår uppdragsgivare. | |
Att hantera förfrågningar som du ställer till vår support. | Nödvändigt för vårt berättigade intresse att säkerställa att deltagare kan kommunicera med oss. | |
Att utföra marknadsanalyser, systemtester, affärs- och metodutveckling och återrapportering till uppdragsgivare. | Nödvändigt för vårt berättigade intresse att säkerställa att våra tjänster/program och våra system möter deltagares och uppdragsgivarens behov över tid. | |
Att tillhandahålla direktmarknadsföring och erbjudanden från Randstad Risesmart. | Nödvändigt för vårt berättigade intresse att upprätthålla goda relationer med våra deltagare. Du kan alltid avsäga dig direktreklam och erbjudanden från oss, se nedan under dina rättigheter. | |
För hanteringsändamål inklusive hanteringsinformation, organisering av intern efterlevnad och kontroll, utförande av revisioner och dataanalys och allmänna revisioner | Nödvändigt för vårt berättigade intresse att utveckla och skydda våra tjänster, vår organisation och dina uppgifter. |
Vi kan komma att dela med oss av dina personuppgifter inom Koncernen för att tillhandahålla våra tjänster/program och vi kan komma att dela med oss av dina personuppgifter med våra underleverantörer som tillhandahåller tjänster till oss, t.ex. leverantörer av drift och support av våra system. Randstad Risesmart är fortsatt ansvarig för den behandling av dina personuppgifter som vi eller underleverantör utför på Randstad Risesmarts uppdrag och underleverantörer får inte använda personuppgifterna för andra ändamål än de vi anger. Delning av personuppgifter inom Randstad Risesmart eller till underleverantör sker för att uppfylla avtalet mellan oss, dvs. för att vi ska kunna tillhandahålla de överenskomna tjänsterna till dig.
När vi delar med oss av personuppgifter enligt ovan kan personuppgifter överföras till bolag såväl inom som utom EES. All sådan överföring är baserad på gällande lag och om behandlingen görs utanför EES kommer vara föremål för lämpliga skyddsåtgärder i form av t.ex. EU-kommissionens modellklausuler för sådan överföring eller att EU-kommissionen har beslutat att landet har en adekvat skyddsnivå.
Personuppgifter om dig kommer också att delas med vår uppdragsgivare, eller dess samarbetspartner i de fall det behövs för att kunna utföra våra tjänster till dig, dvs. att hjälpa dig utveckla din karriär. Om vi lämnar dina personuppgifter till vår uppdragsgivare är uppdragsgivaren självständigt personuppgiftsansvarig för sin behandling av dina personuppgifter efter sådant mottagande från oss.
Vi behandlar dina personuppgifter så länge det är nödvändigt med hänsyn till varför personuppgifterna samlades in. Det innebär att dina personuppgifter gallras efter att Randstad Risesmarts leveransåtagande för det aktuella uppdraget/avtalet tar slut.
Randstad Risesmart har vidtagit lämpliga tekniska och organisatoriska åtgärder för att skydda personuppgifter mot förlust, missbruk, obehörig åtkomst, avslöjande, ändring och förstörelse. För att säkerställa att personuppgifter behandlas på ett säkert och konfidentiellt sätt använder vi oss av datanätverk som är intrångsskyddade med bland annat brandväggar och lösenordsskydd enligt branschstandard. För att säkerställa integriteten för de personuppgifter som du lämnar via Internet kan vi komma att använda krypteringsteknik när vi överför sådana personuppgifter över Internet till våra servrar. Randstad Risesmart anställda och leverantörer är bundna av sekretessavtal och är skyldiga att följa Randstad Risesmart regler för informations- och IT-säkerhet, interna policys avseende behandling av personuppgifter och andra interna föreskrifter och riktlinjer som ytterligare reglerar behandlingen av personuppgifter.
Du har vissa rättigheter enligt dataskyddsförordningen när det gäller dina personuppgifter:
- Rätt till tillgång – Du har rätt att få viss information om vår behandling av dina personuppgifter. Sådan information ges genom detta informationsdokument. Du har även rätt att få tillgång till en
- kopia av de personuppgifter vi behandlar om dig.
- Rätt till rättelse – Du har rätt att få felaktiga personuppgifter om dig rättade.
- Rätt till radering – Under visa omständigheter har du rätt att få dina personuppgifter raderade. Detta brukar kallas "rätten att bli bortglömd". Rätten till radering är dock villkorad och en begäran kan lämnas utan åtgärd.
- Rätt till begränsning – Under visa omständigheter har du rätt att kräva att behandlingen av dina personuppgifter begränsas. Rätten till begränsning är dock villkorad och en begäran kan lämnas utan åtgärd.
- Rätt till dataportabilitet – Du har rätt att få ut personuppgifter du lämnat till oss (eller begära överföring av uppgifterna direkt från oss till en ny personuppgiftsansvarig) i ett strukturerat, allmänt använt och maskinläsbart format.
- Rätt att invända – Du har rätt att invända mot vår behandling av dina personuppgifter om behandlingen grundar sig en intresseavvägning, om du inte anser att Randstad Risesmart har ett berättigat intresse av att behandla personuppgifterna. Rätten att invända gäller också behandling av personuppgifter för direkt marknadsföring.
Läs gärna mer om rättigheterna här:
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
Du kan nyttja dina rättigheter genom detta formulär. När Randstad Risesmart har tagit emot formuläret från dig kommer du att kontaktas av Randstad Risesmart för identifiering (t.ex. e-signering).
Du har även rätt att när som helst inge klagomål till tillämplig tillsynsmyndighet om du anser att Randstad Risesmart behandlar dina personuppgifter i strid med tillämplig dataskyddslagstiftning.
Senast uppdaterat: January 1, 2021
Effective January 25th 2021 to April 1st 2021
DownloadTable of Contents
Dokument | Integritetspolicy för deltagare i Randstad Risesmarts program - OBS rör Risesmarts plattform |
Intressegrupp | Deltagare i Randstad Risesmarts program |
Sökväg | Pappersform som avtal Svenska: https://login.risesmart.com/login English: https://login.risesmart.com/login (Integritetspolicyn finns tillgänglig efter att ha loggat in i kontot genom ovan länk) |
Senast uppdaterad | 01.01.2021 |
Version | 1.4 |
Din personliga integritet och säkerhet för dina personuppgifter är viktig för Randstad Risesmart AB, som är en del av koncernen Randstad Sweden Group AB ("Koncernen"). Randstad Risesmart ansvarar för att se till att alla personuppgifter behandlas på ett korrekt sätt och i enlighet med tillämplig dataskyddslagstiftning. Att skydda dina personuppgifter och din integritet är en del av våra anställdas arbete. Randstad Risesmart är som personuppgiftsansvarig ansvarig för behandlingen av dina personuppgifter och hur och för vilka ändamål den görs.
Randstad Risesmart tillhandahåller omställningstjänster, karriärhantering-, bedömning- och kompetens- och anställbarhetstjänster. Dessa tjänster vi tillhandahåller till dig och våra kunder, både personligen och via vår hemsida, omfattas av våra Användarvillkor och denna Integritetspolicy.
Inom Koncernen kan följande bolag vara personuppgiftsansvarig för behandling av dina personuppgifter när vi tillhandahåller en av tjänsterna du har begärt som deltagare i en av våra program:
- Randstad Sweden Group AB, org.nr. 556089-6572
- Randstad Risesmart AB, org.nr. 556451-7968
Koncernen har ett gemensamt dataskyddsombud och du behöver endast använda en kontaktväg om du har frågor och funderingar kring Randstad Risesmarts personuppgiftsbehandling. Vid frågor är du välkommen att kontakta oss på dataskyddsombud@randstad.se.
Randstad Risesmart kommer behandla dina uppgifter när du registreras som deltagare inom våra tjänster/program. De personuppgifter som behandlas är namn, adress, e-postadress, telefonnummer, personnummer, uppgifter om karriärambitioner, branscher du vill jobba inom, uppgifter i CV, som t.ex. arbetslivserfarenhet och tidigare arbetsplatser, information om utbildningar, träning och/eller test som du har följt eller tagit, på eget initiativ eller via oss, information om din framgång och status vid jobbsökning, information om din kundnöjdhet eller annan feedback om jobbsökningen och service, och eventuellt andra uppgifter du frivilligt lämnar till oss.
Vi samlar in och behandlar personuppgifter:
- Som du själv eller som vår uppdragsgivare lämnar i samband med att du registreras som deltagare inom en av våra tjänster/program, som du lämnar på vår hemsida eller når dina uppgifter delas med oss av uppdragsorganisationen, vår kund, som en del av vårt avtal med vår kund i samband med tjänsterna.
- Som vi inhämtar från dig under den tid du ingår i en av våra program/tjänster, t.ex. uppgifter om arbetslivserfarenhet, karriärambitioner, branscher du vill arbeta inom etc.
Randstad Risesmart behandlar dina personuppgifter endast för de syften som anges nedan.
Syfte med behandlingen | Legal grund för behandlingen | |
Att tillhandahålla och administrera tjänsterna som tillhandahålls till dig som deltagare i våra tjänster/program, dvs. att hjälpa dig utveckla din karriär. | Nödvändigt för att uppfylla våra avtalsenliga åtaganden gentemot dig som deltagare och vår uppdragsgivare. | |
Att hantera förfrågningar som du ställer till vår support. | Nödvändigt för vårt berättigade intresse att säkerställa att deltagare kan kommunicera med oss. | |
Att utföra marknadsanalyser, systemtester, affärs- och metodutveckling och återrapportering till uppdragsgivare. | Nödvändigt för vårt berättigade intresse att säkerställa att våra tjänster/program och våra system möter deltagares och uppdragsgivarens behov över tid. | |
Att tillhandahålla direktmarknadsföring och erbjudanden från Randstad Risesmart. | Nödvändigt för vårt berättigade intresse att upprätthålla goda relationer med våra deltagare. Du kan alltid avsäga dig direktreklam och erbjudanden från oss, se nedan under dina rättigheter. | |
För hanteringsändamål inklusive hanteringsinformation, organisering av intern efterlevnad och kontroll, utförande av revisioner och dataanalys och allmänna revisioner | Nödvändigt för vårt berättigade intresse att utveckla och skydda våra tjänster, vår organisation och dina uppgifter. |
Vi kan komma att dela med oss av dina personuppgifter inom Koncernen för att tillhandahålla våra tjänster/program och vi kan komma att dela med oss av dina personuppgifter med våra underleverantörer som tillhandahåller tjänster till oss, t.ex. leverantörer av drift och support av våra system. Randstad Risesmart är fortsatt ansvarig för den behandling av dina personuppgifter som vi eller underleverantör utför på Randstad Risesmarts uppdrag och underleverantörer får inte använda personuppgifterna för andra ändamål än de vi anger. Delning av personuppgifter inom Randstad Risesmart eller till underleverantör sker för att uppfylla avtalet mellan oss, dvs. för att vi ska kunna tillhandahålla de överenskomna tjänsterna till dig.
När vi delar med oss av personuppgifter enligt ovan kan personuppgifter överföras till bolag såväl inom som utom EES. All sådan överföring är baserad på gällande lag och om behandlingen görs utanför EES kommer vara föremål för lämpliga skyddsåtgärder i form av t.ex. EU-kommissionens modellklausuler för sådan överföring eller att EU-kommissionen har beslutat att landet har en adekvat skyddsnivå.
Personuppgifter om dig kommer också att delas med vår uppdragsgivare, eller dess samarbetspartner i de fall det behövs för att kunna utföra våra tjänster till dig, dvs. att hjälpa dig utveckla din karriär. Om vi lämnar dina personuppgifter till vår uppdragsgivare är uppdragsgivaren självständigt personuppgiftsansvarig för sin behandling av dina personuppgifter efter sådant mottagande från oss.
Vi behandlar dina personuppgifter så länge det är nödvändigt med hänsyn till varför personuppgifterna samlades in. Det innebär att dina personuppgifter gallras efter att Randstad Risesmarts leveransåtagande för det aktuella uppdraget/avtalet tar slut.
Randstad Risesmart har vidtagit lämpliga tekniska och organisatoriska åtgärder för att skydda personuppgifter mot förlust, missbruk, obehörig åtkomst, avslöjande, ändring och förstörelse. För att säkerställa att personuppgifter behandlas på ett säkert och konfidentiellt sätt använder vi oss av datanätverk som är intrångsskyddade med bland annat brandväggar och lösenordsskydd enligt branschstandard. För att säkerställa integriteten för de personuppgifter som du lämnar via Internet kan vi komma att använda krypteringsteknik när vi överför sådana personuppgifter över Internet till våra servrar. Randstad Risesmart anställda och leverantörer är bundna av sekretessavtal och är skyldiga att följa Randstad Risesmart regler för informations- och IT-säkerhet, interna policys avseende behandling av personuppgifter och andra interna föreskrifter och riktlinjer som ytterligare reglerar behandlingen av personuppgifter.
Du har vissa rättigheter enligt dataskyddsförordningen när det gäller dina personuppgifter:
- Rätt till tillgång – Du har rätt att få viss information om vår behandling av dina personuppgifter. Sådan information ges genom detta informationsdokument. Du har även rätt att få tillgång till en
- kopia av de personuppgifter vi behandlar om dig.
- Rätt till rättelse – Du har rätt att få felaktiga personuppgifter om dig rättade.
- Rätt till radering – Under visa omständigheter har du rätt att få dina personuppgifter raderade. Detta brukar kallas "rätten att bli bortglömd". Rätten till radering är dock villkorad och en begäran kan lämnas utan åtgärd.
- Rätt till begränsning – Under visa omständigheter har du rätt att kräva att behandlingen av dina personuppgifter begränsas. Rätten till begränsning är dock villkorad och en begäran kan lämnas utan åtgärd.
- Rätt till dataportabilitet – Du har rätt att få ut personuppgifter du lämnat till oss (eller begära överföring av uppgifterna direkt från oss till en ny personuppgiftsansvarig) i ett strukturerat, allmänt använt och maskinläsbart format.
- Rätt att invända – Du har rätt att invända mot vår behandling av dina personuppgifter om behandlingen grundar sig en intresseavvägning, om du inte anser att Randstad Risesmart har ett berättigat intresse av att behandla personuppgifterna. Rätten att invända gäller också behandling av personuppgifter för direkt marknadsföring.
Läs gärna mer om rättigheterna här:
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
Du kan nyttja dina rättigheter genom detta formulär. När Randstad Risesmart har tagit emot formuläret från dig kommer du att kontaktas av Randstad Risesmart för identifiering (t.ex. e-signering).
Du har även rätt att när som helst inge klagomål till tillämplig tillsynsmyndighet om du anser att Randstad Risesmart behandlar dina personuppgifter i strid med tillämplig dataskyddslagstiftning.
Senast uppdaterat: January 1, 2021
Effective February 23rd 2019 to January 25th 2021
DownloadTable of Contents
Dokument | Integritetspolicy för deltagare i Antenns program |
Intressegrupp | Deltagare i Antenns program |
Sökväg | Pappersform som avtal |
Senast uppdaterad | 2019-02-04 |
Version | 1.2 |
Din personliga integritet och säkerhet för dina personuppgifter är viktig för Antenn Consulting, som är en del av koncernen Randstad Sweden Group AB "Koncernen"). Antenn ansvarar för att se till att alla personuppgifter behandlas på ett korrekt sätt och i enlighet med tillämplig dataskyddslagstiftning. Att skydda dina personuppgifter och din integritet är en del av våra anställdas arbete. Antenn är som personuppgiftsansvarig ansvarig för behandlingen av dina personuppgifter och hur och för vilka ändamål den görs.
Antenn tillhandahåller omställningstjänster, karriärhantering-, bedömning- och kompetens- och anställbarhetstjänster. Dessa tjänster vi tillhandahåller till dig och våra kunder, både personligen och via vår hemsida, omfattas av våra Användarvillkor och denna Integritetspolicy.
Inom Koncernen kan följande bolag vara personuppgiftsansvarig för behandling av dina personuppgifter när vi tillhandahåller en av tjänsterna du har begärt som deltagare i en av våra program:
- Randstad Sweden Group AB, org.nr. 556089-6572
- Antenn Consulting AB, org.nr. 556451-7968
Koncernen har ett gemensamt dataskyddsombud och du behöver endast använda en kontaktväg om du har frågor och funderingar kring Antenns personuppgiftsbehandling. Vid frågor är du välkommen att kontakta oss på dataskyddsombud@randstad.se.
Antenn kommer behandla dina uppgifter när du registreras som deltagare inom våra tjänster/program. De personuppgifter som behandlas är namn, adress, e-postadress, telefonnummer, personnummer, uppgifter om karriärambitioner, branscher du vill jobba inom, uppgifter i CV, som t.ex. arbetslivserfarenhet och tidigare arbetsplatser, information om utbildningar, träning och/eller test som du har följt eller tagit, på eget initiativ eller via oss, information om din framgång och status vid jobbsökning, information om din kundnöjdhet eller annan feedback om jobbsökningen och service, och eventuellt andra uppgifter du frivilligt lämnar till oss.
Vi samlar in och behandlar personuppgifter:
- Som du själv eller som vår uppdragsgivare lämnar i samband med att du registreras som deltagare inom en av våra tjänster/program, som du lämnar på vår hemsida eller når dina uppgifter delas med oss av uppdragsorganisationen, vår kund, som en del av vårt avtal med vår kund i samband med tjänsterna.
- Som vi inhämtar från dig under den tid du ingår i en av våra program/tjänster, t.ex. uppgifter om arbetslivserfarenhet, karriärambitioner, branscher du vill arbeta inom etc.
Antenn behandlar dina personuppgifter endast för de syften som anges nedan.
Syfte med behandlingen | Legal grund för behandlingen | |
Att tillhandahålla och administrera tjänsterna som tillhandahålls till dig som deltagare i våra tjänster/program, dvs. att hjälpa dig utveckla din karriär. | Nödvändigt för att uppfylla våra avtalsenliga åtaganden gentemot dig som deltagare och vår uppdragsgivare. | |
Att hantera förfrågningar som du ställer till vår support. | Nödvändigt för vårt berättigade intresse att säkerställa att deltagare kan kommunicera med oss. | |
Att utföra marknadsanalyser, systemtester, affärs- och metodutveckling och återrapportering till uppdragsgivare. | Nödvändigt för vårt berättigade intresse att säkerställa att våra tjänster/program och våra system möter deltagares och uppdragsgivarens behov över tid. | |
Att tillhandahålla direktmarknadsföring och erbjudanden från Antenn. | Nödvändigt för vårt berättigade intresse att upprätthålla goda relationer med våra deltagare. Du kan alltid avsäga dig direktreklam och erbjudanden från oss, se nedan under dina rättigheter. | |
För hanteringsändamål inklusive hanteringsinformation, organisering av intern efterlevnad och kontroll, utförande av revisioner och dataanalys och allmänna revisioner | Nödvändigt för vårt berättigade intresse att utveckla och skydda våra tjänster, vår organisation och dina uppgifter. |
Vi kan komma att dela med oss av dina personuppgifter inom Koncernen för att tillhandahålla våra tjänster/program och vi kan komma att dela med oss av dina personuppgifter med våra underleverantörer som tillhandahåller tjänster till oss, t.ex. leverantörer av drift och support av våra system. Antenn är fortsatt ansvarig för den behandling av dina personuppgifter som vi eller underleverantör utför på Antenns uppdrag och underleverantörer får inte använda personuppgifterna för andra ändamål än de vi anger. Delning av personuppgifter inom Antenn eller till underleverantör sker för att uppfylla avtalet mellan oss, dvs. för att vi ska kunna tillhandahålla de överenskomna tjänsterna till dig.
När vi delar med oss av personuppgifter enligt ovan kan personuppgifter överföras till bolag såväl inom som utom EES. All sådan överföring är baserad på gällande lag och om behandlingen görs utanför EES kommer vara föremål för lämpliga skyddsåtgärder i form av t.ex. EU-kommissionens modellklausuler för sådan överföring, att EU-kommissionen har beslutat att landet har en adekvat skyddsnivå eller att mottagande bolag är certifierat under EU. US. Privacy Shield.
Personuppgifter om dig kommer också att delas med vår uppdragsgivare, eller dess samarbetspartner i de fall det behövs för att kunna utföra våra tjänster till dig, dvs. att hjälpa dig utveckla din karriär. Om vi lämnar dina personuppgifter till vår uppdragsgivare är uppdragsgivaren självständigt personuppgiftsansvarig för sin behandling av dina personuppgifter efter sådant mottagande från oss.
Vi behandlar dina personuppgifter så länge det är nödvändigt med hänsyn till varför personuppgifterna samlades in. Det innebär att dina personuppgifter gallras efter att Antenns leveransåtagande för det aktuella uppdraget/avtalet tar slut.
Antenn har vidtagit lämpliga tekniska och organisatoriska åtgärder för att skydda personuppgifter mot förlust, missbruk, obehörig åtkomst, avslöjande, ändring och förstörelse. För att säkerställa att personuppgifter behandlas på ett säkert och konfidentiellt sätt använder vi oss av datanätverk som är intrångsskyddade med bland annat brandväggar och lösenordsskydd enligt branschstandard. För att säkerställa integriteten för de personuppgifter som du lämnar via Internet kan vi komma att använda krypteringsteknik när vi överför sådana personuppgifter över Internet till våra servrar. Antenn anställda och leverantörer är bundna av sekretessavtal och är skyldiga att följa Antenn regler för informations- och IT-säkerhet, interna policys avseende behandling av personuppgifter och andra interna föreskrifter och riktlinjer som ytterligare reglerar behandlingen av personuppgifter.
Du har vissa rättigheter enligt dataskyddsförordningen när det gäller dina personuppgifter:
- Rätt till tillgång – Du har rätt att få viss information om vår behandling av dina personuppgifter. Sådan information ges genom detta informationsdokument. Du har även rätt att få tillgång till en
- kopia av de personuppgifter vi behandlar om dig.
- Rätt till rättelse – Du har rätt att få felaktiga personuppgifter om dig rättade.
- Rätt till radering – Under visa omständigheter har du rätt att få dina personuppgifter raderade. Detta brukar kallas "rätten att bli bortglömd". Rätten till radering är dock villkorad och en begäran kan lämnas utan åtgärd.
- Rätt till begränsning – Under visa omständigheter har du rätt att kräva att behandlingen av dina personuppgifter begränsas. Rätten till begränsning är dock villkorad och en begäran kan lämnas utan åtgärd.
- Rätt till dataportabilitet – Du har rätt att få ut personuppgifter du lämnat till oss (eller begära överföring av uppgifterna direkt från oss till en ny personuppgiftsansvarig) i ett strukturerat, allmänt använt och maskinläsbart format.
- Rätt att invända – Du har rätt att invända mot vår behandling av dina personuppgifter om behandlingen grundar sig en intresseavvägning, om du inte anser att Antenn har ett berättigat intresse av att behandla personuppgifterna. Rätten att invända gäller också behandling av personuppgifter för direkt marknadsföring.
Läs gärna mer om rättigheterna här: https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
Du kan nyttja dina rättigheter genom detta formulär. När Antenn har tagit emot formuläret från dig kommer du att kontaktas av Antenn för identifiering (t.ex. e-signering).
Du har även rätt att när som helst inge klagomål till tillämplig tillsynsmyndighet om du anser att Antenn behandlar dina personuppgifter i strid med tillämplig dataskyddslagstiftning.
Senast uppdaterat: 4 februari 2019
Integritetspolicy för deltagare
Effective February 23rd 2019
DownloadTable of Contents
Dokument | Integritetspolicy för deltagare i Antenns program |
Intressegrupp | Deltagare i Antenns program |
Sökväg | Pappersform som avtal |
Senast uppdaterad | 2019-02-04 |
Version | 1.2 |
Din personliga integritet och säkerhet för dina personuppgifter är viktig för Antenn Consulting, som är en del av koncernen Randstad Sweden Group AB "Koncernen"). Antenn ansvarar för att se till att alla personuppgifter behandlas på ett korrekt sätt och i enlighet med tillämplig dataskyddslagstiftning. Att skydda dina personuppgifter och din integritet är en del av våra anställdas arbete. Antenn är som personuppgiftsansvarig ansvarig för behandlingen av dina personuppgifter och hur och för vilka ändamål den görs.
Antenn tillhandahåller omställningstjänster, karriärhantering-, bedömning- och kompetens- och anställbarhetstjänster. Dessa tjänster vi tillhandahåller till dig och våra kunder, både personligen och via vår hemsida, omfattas av våra Användarvillkor och denna Integritetspolicy.
Inom Koncernen kan följande bolag vara personuppgiftsansvarig för behandling av dina personuppgifter när vi tillhandahåller en av tjänsterna du har begärt som deltagare i en av våra program:
- Randstad Sweden Group AB, org.nr. 556089-6572
- Antenn Consulting AB, org.nr. 556451-7968
Koncernen har ett gemensamt dataskyddsombud och du behöver endast använda en kontaktväg om du har frågor och funderingar kring Antenns personuppgiftsbehandling. Vid frågor är du välkommen att kontakta oss på dataskyddsombud@randstad.se.
Antenn kommer behandla dina uppgifter när du registreras som deltagare inom våra tjänster/program. De personuppgifter som behandlas är namn, adress, e-postadress, telefonnummer, personnummer, uppgifter om karriärambitioner, branscher du vill jobba inom, uppgifter i CV, som t.ex. arbetslivserfarenhet och tidigare arbetsplatser, information om utbildningar, träning och/eller test som du har följt eller tagit, på eget initiativ eller via oss, information om din framgång och status vid jobbsökning, information om din kundnöjdhet eller annan feedback om jobbsökningen och service, och eventuellt andra uppgifter du frivilligt lämnar till oss.
Vi samlar in och behandlar personuppgifter:
- Som du själv eller som vår uppdragsgivare lämnar i samband med att du registreras som deltagare inom en av våra tjänster/program, som du lämnar på vår hemsida eller når dina uppgifter delas med oss av uppdragsorganisationen, vår kund, som en del av vårt avtal med vår kund i samband med tjänsterna.
- Som vi inhämtar från dig under den tid du ingår i en av våra program/tjänster, t.ex. uppgifter om arbetslivserfarenhet, karriärambitioner, branscher du vill arbeta inom etc.
Antenn behandlar dina personuppgifter endast för de syften som anges nedan.
Syfte med behandlingen | Legal grund för behandlingen | |
Att tillhandahålla och administrera tjänsterna som tillhandahålls till dig som deltagare i våra tjänster/program, dvs. att hjälpa dig utveckla din karriär. | Nödvändigt för att uppfylla våra avtalsenliga åtaganden gentemot dig som deltagare och vår uppdragsgivare. | |
Att hantera förfrågningar som du ställer till vår support. | Nödvändigt för vårt berättigade intresse att säkerställa att deltagare kan kommunicera med oss. | |
Att utföra marknadsanalyser, systemtester, affärs- och metodutveckling och återrapportering till uppdragsgivare. | Nödvändigt för vårt berättigade intresse att säkerställa att våra tjänster/program och våra system möter deltagares och uppdragsgivarens behov över tid. | |
Att tillhandahålla direktmarknadsföring och erbjudanden från Antenn. | Nödvändigt för vårt berättigade intresse att upprätthålla goda relationer med våra deltagare. Du kan alltid avsäga dig direktreklam och erbjudanden från oss, se nedan under dina rättigheter. | |
För hanteringsändamål inklusive hanteringsinformation, organisering av intern efterlevnad och kontroll, utförande av revisioner och dataanalys och allmänna revisioner | Nödvändigt för vårt berättigade intresse att utveckla och skydda våra tjänster, vår organisation och dina uppgifter. |
Vi kan komma att dela med oss av dina personuppgifter inom Koncernen för att tillhandahålla våra tjänster/program och vi kan komma att dela med oss av dina personuppgifter med våra underleverantörer som tillhandahåller tjänster till oss, t.ex. leverantörer av drift och support av våra system. Antenn är fortsatt ansvarig för den behandling av dina personuppgifter som vi eller underleverantör utför på Antenns uppdrag och underleverantörer får inte använda personuppgifterna för andra ändamål än de vi anger. Delning av personuppgifter inom Antenn eller till underleverantör sker för att uppfylla avtalet mellan oss, dvs. för att vi ska kunna tillhandahålla de överenskomna tjänsterna till dig.
När vi delar med oss av personuppgifter enligt ovan kan personuppgifter överföras till bolag såväl inom som utom EES. All sådan överföring är baserad på gällande lag och om behandlingen görs utanför EES kommer vara föremål för lämpliga skyddsåtgärder i form av t.ex. EU-kommissionens modellklausuler för sådan överföring, att EU-kommissionen har beslutat att landet har en adekvat skyddsnivå eller att mottagande bolag är certifierat under EU. US. Privacy Shield.
Personuppgifter om dig kommer också att delas med vår uppdragsgivare, eller dess samarbetspartner i de fall det behövs för att kunna utföra våra tjänster till dig, dvs. att hjälpa dig utveckla din karriär. Om vi lämnar dina personuppgifter till vår uppdragsgivare är uppdragsgivaren självständigt personuppgiftsansvarig för sin behandling av dina personuppgifter efter sådant mottagande från oss.
Vi behandlar dina personuppgifter så länge det är nödvändigt med hänsyn till varför personuppgifterna samlades in. Det innebär att dina personuppgifter gallras efter att Antenns leveransåtagande för det aktuella uppdraget/avtalet tar slut.
Antenn har vidtagit lämpliga tekniska och organisatoriska åtgärder för att skydda personuppgifter mot förlust, missbruk, obehörig åtkomst, avslöjande, ändring och förstörelse. För att säkerställa att personuppgifter behandlas på ett säkert och konfidentiellt sätt använder vi oss av datanätverk som är intrångsskyddade med bland annat brandväggar och lösenordsskydd enligt branschstandard. För att säkerställa integriteten för de personuppgifter som du lämnar via Internet kan vi komma att använda krypteringsteknik när vi överför sådana personuppgifter över Internet till våra servrar. Antenn anställda och leverantörer är bundna av sekretessavtal och är skyldiga att följa Antenn regler för informations- och IT-säkerhet, interna policys avseende behandling av personuppgifter och andra interna föreskrifter och riktlinjer som ytterligare reglerar behandlingen av personuppgifter.
Du har vissa rättigheter enligt dataskyddsförordningen när det gäller dina personuppgifter:
- Rätt till tillgång – Du har rätt att få viss information om vår behandling av dina personuppgifter. Sådan information ges genom detta informationsdokument. Du har även rätt att få tillgång till en
- kopia av de personuppgifter vi behandlar om dig.
- Rätt till rättelse – Du har rätt att få felaktiga personuppgifter om dig rättade.
- Rätt till radering – Under visa omständigheter har du rätt att få dina personuppgifter raderade. Detta brukar kallas "rätten att bli bortglömd". Rätten till radering är dock villkorad och en begäran kan lämnas utan åtgärd.
- Rätt till begränsning – Under visa omständigheter har du rätt att kräva att behandlingen av dina personuppgifter begränsas. Rätten till begränsning är dock villkorad och en begäran kan lämnas utan åtgärd.
- Rätt till dataportabilitet – Du har rätt att få ut personuppgifter du lämnat till oss (eller begära överföring av uppgifterna direkt från oss till en ny personuppgiftsansvarig) i ett strukturerat, allmänt använt och maskinläsbart format.
- Rätt att invända – Du har rätt att invända mot vår behandling av dina personuppgifter om behandlingen grundar sig en intresseavvägning, om du inte anser att Antenn har ett berättigat intresse av att behandla personuppgifterna. Rätten att invända gäller också behandling av personuppgifter för direkt marknadsföring.
Läs gärna mer om rättigheterna här: https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
Du kan nyttja dina rättigheter genom detta formulär. När Antenn har tagit emot formuläret från dig kommer du att kontaktas av Antenn för identifiering (t.ex. e-signering).
Du har även rätt att när som helst inge klagomål till tillämplig tillsynsmyndighet om du anser att Antenn behandlar dina personuppgifter i strid med tillämplig dataskyddslagstiftning.
Senast uppdaterat: 4 februari 2019
Effective February 23rd 2019 to February 23rd 2019
DownloadTable of Contents
Dokument | Integritetspolicy för deltagare i Antenns program |
Intressegrupp | Deltagare i Antenns program |
Sökväg | Pappersform som avtal |
Senast uppdaterad | 2019-02-04 |
Version | 1.2 |
Din personliga integritet och säkerhet för dina personuppgifter är viktig för Antenn Consulting, som är en del av koncernen Randstad Sweden Group AB "Koncernen"). Antenn ansvarar för att se till att alla personuppgifter behandlas på ett korrekt sätt och i enlighet med tillämplig dataskyddslagstiftning. Att skydda dina personuppgifter och din integritet är en del av våra anställdas arbete. Antenn är som personuppgiftsansvarig ansvarig för behandlingen av dina personuppgifter och hur och för vilka ändamål den görs.
Antenn tillhandahåller omställningstjänster, karriärhantering-, bedömning- och kompetens- och anställbarhetstjänster. Dessa tjänster vi tillhandahåller till dig och våra kunder, både personligen och via vår hemsida, omfattas av våra Användarvillkor och denna Integritetspolicy.
Inom Koncernen kan följande bolag vara personuppgiftsansvarig för behandling av dina personuppgifter när vi tillhandahåller en av tjänsterna du har begärt som deltagare i en av våra program:
- Randstad Sweden Group AB, org.nr. 556089-6572
- Antenn Consulting AB, org.nr. 556451-7968
Koncernen har ett gemensamt dataskyddsombud och du behöver endast använda en kontaktväg om du har frågor och funderingar kring Antenns personuppgiftsbehandling. Vid frågor är du välkommen att kontakta oss på dataskyddsombud@randstad.se.
Antenn kommer behandla dina uppgifter när du registreras som deltagare inom våra tjänster/program. De personuppgifter som behandlas är namn, adress, e-postadress, telefonnummer, personnummer, uppgifter om karriärambitioner, branscher du vill jobba inom, uppgifter i CV, som t.ex. arbetslivserfarenhet och tidigare arbetsplatser, information om utbildningar, träning och/eller test som du har följt eller tagit, på eget initiativ eller via oss, information om din framgång och status vid jobbsökning, information om din kundnöjdhet eller annan feedback om jobbsökningen och service, och eventuellt andra uppgifter du frivilligt lämnar till oss.
Vi samlar in och behandlar personuppgifter:
- Som du själv eller som vår uppdragsgivare lämnar i samband med att du registreras som deltagare inom en av våra tjänster/program, som du lämnar på vår hemsida eller når dina uppgifter delas med oss av uppdragsorganisationen, vår kund, som en del av vårt avtal med vår kund i samband med tjänsterna.
- Som vi inhämtar från dig under den tid du ingår i en av våra program/tjänster, t.ex. uppgifter om arbetslivserfarenhet, karriärambitioner, branscher du vill arbeta inom etc.
Antenn behandlar dina personuppgifter endast för de syften som anges nedan.
Syfte med behandlingen | Legal grund för behandlingen | |
Att tillhandahålla och administrera tjänsterna som tillhandahålls till dig som deltagare i våra tjänster/program, dvs. att hjälpa dig utveckla din karriär. | Nödvändigt för att uppfylla våra avtalsenliga åtaganden gentemot dig som deltagare och vår uppdragsgivare. | |
Att hantera förfrågningar som du ställer till vår support. | Nödvändigt för vårt berättigade intresse att säkerställa att deltagare kan kommunicera med oss. | |
Att utföra marknadsanalyser, systemtester, affärs- och metodutveckling och återrapportering till uppdragsgivare. | Nödvändigt för vårt berättigade intresse att säkerställa att våra tjänster/program och våra system möter deltagares och uppdragsgivarens behov över tid. | |
Att tillhandahålla direktmarknadsföring och erbjudanden från Antenn. | Nödvändigt för vårt berättigade intresse att upprätthålla goda relationer med våra deltagare. Du kan alltid avsäga dig direktreklam och erbjudanden från oss, se nedan under dina rättigheter. | |
För hanteringsändamål inklusive hanteringsinformation, organisering av intern efterlevnad och kontroll, utförande av revisioner och dataanalys och allmänna revisioner | Nödvändigt för vårt berättigade intresse att utveckla och skydda våra tjänster, vår organisation och dina uppgifter. |
Vi kan komma att dela med oss av dina personuppgifter inom Koncernen för att tillhandahålla våra tjänster/program och vi kan komma att dela med oss av dina personuppgifter med våra underleverantörer som tillhandahåller tjänster till oss, t.ex. leverantörer av drift och support av våra system. Antenn är fortsatt ansvarig för den behandling av dina personuppgifter som vi eller underleverantör utför på Antenns uppdrag och underleverantörer får inte använda personuppgifterna för andra ändamål än de vi anger. Delning av personuppgifter inom Antenn eller till underleverantör sker för att uppfylla avtalet mellan oss, dvs. för att vi ska kunna tillhandahålla de överenskomna tjänsterna till dig.
När vi delar med oss av personuppgifter enligt ovan kan personuppgifter överföras till bolag såväl inom som utom EES. All sådan överföring är baserad på gällande lag och om behandlingen görs utanför EES kommer vara föremål för lämpliga skyddsåtgärder i form av t.ex. EU-kommissionens modellklausuler för sådan överföring, att EU-kommissionen har beslutat att landet har en adekvat skyddsnivå eller att mottagande bolag är certifierat under EU. US. Privacy Shield.
Personuppgifter om dig kommer också att delas med vår uppdragsgivare, eller dess samarbetspartner i de fall det behövs för att kunna utföra våra tjänster till dig, dvs. att hjälpa dig utveckla din karriär. Om vi lämnar dina personuppgifter till vår uppdragsgivare är uppdragsgivaren självständigt personuppgiftsansvarig för sin behandling av dina personuppgifter efter sådant mottagande från oss.
Vi behandlar dina personuppgifter så länge det är nödvändigt med hänsyn till varför personuppgifterna samlades in. Det innebär att dina personuppgifter gallras efter att Antenns leveransåtagande för det aktuella uppdraget/avtalet tar slut.
Antenn har vidtagit lämpliga tekniska och organisatoriska åtgärder för att skydda personuppgifter mot förlust, missbruk, obehörig åtkomst, avslöjande, ändring och förstörelse. För att säkerställa att personuppgifter behandlas på ett säkert och konfidentiellt sätt använder vi oss av datanätverk som är intrångsskyddade med bland annat brandväggar och lösenordsskydd enligt branschstandard. För att säkerställa integriteten för de personuppgifter som du lämnar via Internet kan vi komma att använda krypteringsteknik när vi överför sådana personuppgifter över Internet till våra servrar. Antenn anställda och leverantörer är bundna av sekretessavtal och är skyldiga att följa Antenn regler för informations- och IT-säkerhet, interna policys avseende behandling av personuppgifter och andra interna föreskrifter och riktlinjer som ytterligare reglerar behandlingen av personuppgifter.
Du har vissa rättigheter enligt dataskyddsförordningen när det gäller dina personuppgifter:
- Rätt till tillgång – Du har rätt att få viss information om vår behandling av dina personuppgifter. Sådan information ges genom detta informationsdokument. Du har även rätt att få tillgång till en
- kopia av de personuppgifter vi behandlar om dig.
- Rätt till rättelse – Du har rätt att få felaktiga personuppgifter om dig rättade.
- Rätt till radering – Under visa omständigheter har du rätt att få dina personuppgifter raderade. Detta brukar kallas "rätten att bli bortglömd". Rätten till radering är dock villkorad och en begäran kan lämnas utan åtgärd.
- Rätt till begränsning – Under visa omständigheter har du rätt att kräva att behandlingen av dina personuppgifter begränsas. Rätten till begränsning är dock villkorad och en begäran kan lämnas utan åtgärd.
- Rätt till dataportabilitet – Du har rätt att få ut personuppgifter du lämnat till oss (eller begära överföring av uppgifterna direkt från oss till en ny personuppgiftsansvarig) i ett strukturerat, allmänt använt och maskinläsbart format.
- Rätt att invända – Du har rätt att invända mot vår behandling av dina personuppgifter om behandlingen grundar sig en intresseavvägning, om du inte anser att Antenn har ett berättigat intresse av att behandla personuppgifterna. Rätten att invända gäller också behandling av personuppgifter för direkt marknadsföring.
Läs gärna mer om rättigheterna här: https://www.datainspektionen.se/lagar--regler/dataskyddsforordningen/de-registrerades-rattigheter/
Du kan nyttja dina rättigheter genom detta formulär. När Antenn har tagit emot formuläret från dig kommer du att kontaktas av Antenn för identifiering (t.ex. e-signering).
Du har även rätt att när som helst inge klagomål till tillämplig tillsynsmyndighet om du anser att Antenn behandlar dina personuppgifter i strid med tillämplig dataskyddslagstiftning.
Senast uppdaterat: 4 februari 2019
Cookie Policy
Effective February 23rd 2019
DownloadTable of Contents
This Cookie Notice (“the Notice”) is applicable to the use of cookies by Antenn Consulting AB (“Antenn”) on Antenn’s website in Sweden, i.e. [insert website Antenn – RiseSmart] (“the Website”). The Notice describes the cookies used on the Website, the purpose and duration of the cookies (how long each cookie is stored) and how you can block or erase cookies.
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Session cookies, i.e. cookies that are temporarily stored in your computer’s memory while you visit a Website and as you browse around a page. Session cookies are used, for example, to determine which language you have chosen. When you leave a Website, the session cookies used are deleted.
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The table below shows which individual cookies are used on our Website, the purpose of each cookie and whether the information comes from or is disclosed to a third-party. The table also indicates whether a cookie is a persistent cookie, a session cookie or a third-party cookie. In addition, the table shows the duration for each cookie saved on the hard disk, which determines how long the cookie will be used.
Cookie | Purpose | Saved information | Type | Duration | Share |
JSESSIONID, AWSELB | |||||
OptanonConsent | OptanonAlertBoxClosed registers your consent upon cookies | ||||
_ga | gathers utilisation statistics | ||||
_gid | gathers utilisation statistics | ||||
_gat | gathers utilisation statistics | ||||
local_cookie | org.springframework register your langage | ||||
SnapABugVisit | user assistance by chat | ||||
SnapABugHistory | user assistance by chat | ||||
SnapABugRef | user assistance by chat | ||||
google.co.uk | marketing statistics | ||||
doubleclick.net | marketing statistics | ||||
google.com | marketing statistics | ||||
Walkme | local storage dedicated to user guidance | ||||
Zendesk | local storage dedicated to user support |
How to block and/or delete cookies
Most browsers accept the use of cookies by default. You can change these settings so that you, the user, are warned whenever a cookie is sent to your computer or you can create a rule that blocks cookies. You can also choose to delete all the cookies stored on your computer.
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Amendments to the Notice and questions
Antenn may update this Notice from time to time. The date of the most recent change will be specified at the end of the Notice.
If you have any questions regarding this Notice or our use of cookies, please feel free to contact us at legal@randstad.se.
This Notice was updated most recently on the 4 February 2019.
Policy för cookies
Effective February 23rd 2019
DownloadTable of Contents
Denna policy för cookies (”Policy”) är tillämpliga vid Antenn Consulting AB (”Antenn”) användning av cookies på Antenns webbplats i Sverige, dvs. [insert website Antenn RiseSmart] (”Webbplats”). Denna Policy beskriver de cookies som används på Webbplatsen, respektive cookies syfte och livslängd (dvs. hur länge varje cookie sparas) samt hur du kan blockera eller radera cookies. Vänligen notera att om du inte tillåter oss att använda cookies kan detta påverka din användning och upplevelse av Webbplats.
Vad är cookies?
Cookies är små textfiler med information som lagras på din dator (eller andra internetaktiverade enheter, såsom smartphones eller surfplattor) när du besöker en webbplats. En cookie innehåller vanligtvis namnet på den webbplats som cookien kommer ifrån, cookiens livslängd (dvs. hur länge den kommer att lagras på din enhet) och ett värde, som vanligtvis är ett slumpmässigt genererat unikt nummer.
Cookies används för att få webbsidor att fungera mer effektivt men även för att ge viss information till ägaren av en hemsida. Cookies gör det möjligt att hålla isär olika användare från varandra, vilket i sig kan ge respektive användare en mer skräddarsydd och positiv upplevelse av webbplatsen.
Vad använder Antenn cookies till?
Antenn använder nödvändiga cookies som behövs för att Webbplats ska fungera korrekt och är nödvändiga för att du ska kunna förflytta dig på en Webbplats och använda dess funktioner. Du behöver inte godkänna absolut nödvändiga cookies eftersom de krävs för att vi ska kunna tillhandahålla de tjänster du begär.
Webbplatserna använder sig även av cookies som gör det möjligt att optimera Webbplatsernas funktioner, för att förbättra din upplevelse och för att individualisera framtida besök genom att komma ihåg dina användarpreferenser. Sådana cookies syftar vidare till att bekräfta när du loggat in i ditt konto och till att verifiera användare. Vi använder även cookies för marknadsföring och marknadsundersökningar, inklusive demografiska studier, så att vi kan optimera och anpassa kvaliteten på våra tjänster för dig. Vidare används cookies för att sammanställa anonym, aggregerad statistik för att förstå hur användare använder Webbplatserna och som hjälper oss att förbättra dess struktur och innehåll.
Cookies som används på Antenn Webbplats
Det finns tre sorters cookies på Webbplatsen:
- Långvariga cookies, dvs. cookies som sparar en fil under en längre tid på din dator. Långvariga cookies används exempelvis med funktioner som beskriver vilken information som är ny sedan du sist besökte den specifika Webbplatsen. Hur länge cookien ligger kvar på din enhet beror på livstiden på den specifika cookien och din webbläsares inställningar.
- Sessions-cookies, dvs. cookies som tillfälligt lagras i din dators minne medan du besöker en Webbplats och när du surfar runt på en sida. Sessions-cookies används till exempel för att fastställa vilket språk du valt. När du lämnar en Webbplats raderas de sessions-cookies som använts.
- Tredjeparts-cookies, dvs. cookies som tillhör andra domäner än de som visas i adressfältet. Tredjeparts-cookies öppnar upp möjligheter för att spåra användarens webbhistorik.
I tabellen nedan anges vilka enskilda cookies som används på våra Webbplatser, syftet med varje cookie samt huruvida informationen kommer från eller lämnas ut till tredje part. I tabellen anges även om det rör sig om en långvarig cookie, en sessions-cookie eller en tredjeparts-cookie. Vidare anges i tabellen även livslängden för varje cookie som sparas på hårddisken, vilket bestämmer hur lång tid cookien kommer att användas.
Cookie | Syfte | Lagrad information | Typ av cookie | Varaktighet | Delning |
JSESSIONID, AWSELB | |||||
OptanonConsent | OptanonAlertBoxClosed registers your consent upon cookies | ||||
_ga | gathers utilisation statistics | ||||
_gid | gathers utilisation statistics | ||||
_gat | gathers utilisation statistics | ||||
local_cookie | org.springframework register your langage | ||||
SnapABugVisit | user assistance by chat | ||||
SnapABugHistory | user assistance by chat | ||||
SnapABugRef | user assistance by chat | ||||
google.co.uk | marketing statistics | ||||
doubleclick.net | marketing statistics | ||||
google.com | marketing statistics | ||||
Walkme | local storage dedicated to user guidance | ||||
Zendesk | local storage dedicated to user support |
Hur du blockerar och/eller tar bort cookies
De flesta webbläsare har en standardinställning som accepterar användningen av cookies. Du kan ändra dessa inställningar så att du som användare varnas så fort en cookie skickas till din dator eller skapa en huvudregel som innebär att cookies blockeras. Du kan också välja att radera alla de cookies som finns lagrade på datorn.
Hur du tar bort lagrade cookies eller ändrar inställningarna för cookies anges i instruktionerna till webbläsaren eller i den hjälpfunktion som de flesta webbläsare är utrustade med. Om du använder olika enheter för att se och få tillgång till Webbplatser (till exempel din dator, smartphone, surfplatta etc.) måste du se till att webbläsaren på varje enhet justeras efter dina önskemål gällande cookies.
Observera att om du väljer att inte tillåta lagring av cookies är det möjligt att du inte kan använda alla delar av Webbplatserna, samt att vissa delar av Webbplatserna kanske inte kommer att fungera korrekt.
Ändringar i Policyn samt frågor
Antenn kan komma att uppdatera denna Policy från tid till annan. Datumet för den senaste ändringen anges i slutet av Policyn.
Om du har några frågor gällande denna Policy eller vår användning av cookies är du välkommen att kontakta oss på legal@randstad.se
____________________________
Denna Policy uppdaterades senast den 4 februari 2019.
TÉRMINOS Y CONDICIONES
Effective August 30th 2019
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TÉRMINOS Y CONDICIONES
1. Aceptación de las condiciones.
1.1 RiseSmart, Inc. y sus filiales (conjuntamente, “RiseSmart”) le proporcionan su Servicio (tal y como se define a continuación) a través de sitios web bajo el control de RiseSmart (incluido, sin limitación, el sitio que se encuentra en la página http://www.RiseSmart.com) (conjuntamente, el “Sitio”), de conformidad con estas Condiciones de servicio (“CDS”). Mediante la aceptación de estas CDS o al acceder a o utilizar el Servicio o el Sitio, reconoce que ha leído, comprendido y acepta cumplir estas CDS. Si no está de acuerdo con las CDS, no deberá aceptarlas ni utilizar el Servicio.
1.2 RiseSmart puede cambiar estas CDS ocasionalmente sin previo aviso. Los términos y condiciones revisados entrarán en vigor tras su publicación, por lo que si utiliza el Servicio después de esta fecha, su uso constituirá la aceptación de los términos y condiciones revisados. Si alguno de los cambios realizados en las CDS no le resulta aceptable, la única medida que podrá tomar será dejar de acceder al Servicio y utilizarlo.
2. Descripción del servicio.
El “Servicio” incluye (a) el Sitio, (b) los servicios de recolocación laboral y gestión de carreras profesionales de RiseSmart, así como otros servicios (incluidos los servicios de gestión de archivos y análisis) y tecnologías y aplicaciones relacionados (incluidos, sin limitación, aplicaciones y servicios a los que se accede a través de dispositivos móviles u otras interfaces que le permitan el acceso), y (c) todo el software (incluido el Software, tal y como se define a continuación), materiales, portales, recomendaciones, ofertas de empleo, datos, informes, textos, imágenes, sonido, vídeo, estadísticas y otros contenidos facilitados a través de alguno de los medios indicados anteriormente (conjuntamente, “Contenido”). Todas las funciones nuevas que se añadan al Servicio o sirvan para ampliarlo también estarán sujetas a estas CDS.
3. Condiciones generales/acceso y uso del Servicio.
3.1 De conformidad con los términos y condiciones de estas CDS, solamente podrá acceder al Servicio y utilizarlo con fines lícitos. Todos los derechos, la titularidad y los intereses relacionados con el Servicio y sus componentes seguirán siendo propiedad exclusiva de RiseSmart. Usted no podrá (ni permitirá a ningún tercero)
(a) copiar, reproducir, modificar, eliminar, distribuir, descargar, almacenar, transmitir, publicar, crear un trabajo derivado, utilizar técnicas de ingeniería inversa, desensamblar o intentar, directa o indirectamente, descubrir el código fuente, vender, sublicenciar, revender, alquilar, arrendar, transferir, ceder, compartir el Servicio temporalmente, explotar comercialmente el Servicio o ponerlo a disposición de un tercero;
(b) utilizar el Servicio de manera ilegal (por ejemplo, de modo que infrinja cualquier ley de control de exportaciones, privacidad o protección de datos) o de manera que interfiera o altere la integridad o el rendimiento del Servicio o sus componentes,
(c) modificar, adaptar o hackear el Servicio, o intentar acceder de manera no autorizada al Servicio o a sus sistemas o redes relacionados; o
(d) utilizar cualquier Contenido de otros sitios web o medios (por ejemplo, un entorno de red). Usted deberá cumplir con los códigos de conducta, las políticas y demás avisos que RiseSmart le proporcione o publique en relación con el Servicio, y notificará puntualmente a RiseSmart si descubre que se ha cometido una infracción de seguridad relacionada con el Servicio. Además, cuando utilice determinados servicios, estará sujeto a cualquier condición adicional aplicable a estos que se publique ocasionalmente en el Servicio, incluida, entre otras, la Política de privacidad de RiseSmart.
3.2 Cualquier software que facilite RiseSmart en relación con el Servicio (“Software”) contiene información confidencial y exclusiva protegida por las leyes de propiedad intelectual y demás leyes aplicables. De conformidad con los términos y condiciones de estas CDS, RiseSmart le concede en virtud del presente un derecho y una licencia personales, intransferibles, no sublicenciables y no exclusivos para utilizar el código objeto de cualquier Software en un solo dispositivo en lo relacionado exclusivamente con el Servicio. Usted se compromete a no acceder al Servicio a través de un medio distinto de la interfaz que RiseSmart proporciona para acceder al Servicio. Todos los derechos no concedidos de manera expresa en virtud de este documento quedan reservados y no se le concederá ninguna licencia ni derecho para utilizar ninguna marca comercial de RiseSmart o de terceros en relación con el Servicio.
3.3 Usted es el único responsable de todos los datos, información, comentarios, sugerencias, texto, contenido y demás materiales que cargue, publique, entregue, proporcione, transmita o almacene (en adelante, “transmisión”) en relación con el Servicio (“su Contenido”). En virtud del presente documento afirma y garantiza que el Contenido que transmita con respecto al Servicio
(a) es preciso, verdadero, legal, decente, honesto y completo (incluidos, sin limitación, los aspectos relacionados con su currículum, sus datos biográficos e información laboral, si está utilizando el Servicio para la búsqueda de empleo o el desarrollo de su carrera profesional) y
(b) está libre de errores, gusanos o virus. Usted acepta que es posible que RiseSmart elimine su Contenido del Servicio si considera que ha incumplido la disposición anterior o de conformidad con otras disposiciones de estas CDS. Usted es responsable de mantener la confidencialidad de sus datos de inicio de sesión, su contraseña y su cuenta en todas las actividades que se desarrollen durante su sesión o con su cuenta. RiseSmart se reserva el derecho de acceder a su cuenta para responder a sus solicitudes de asistencia técnica. Mediante la transmisión de su Contenido en el Servicio o a través de este, usted concede en virtud del presente documento a RiseSmart una licencia mundial, no exclusiva, perpetua, irrevocable, sin regalías, completamente pagada, sublicenciable y transferible para utilizar, modificar, reproducir, distribuir, mostrar, publicar y representar su Contenido en relación con el Servicio. RiseSmart tiene el derecho, pero no la obligación, de filtrar o supervisar el Servicio, el Contenido o su Contenido. Asimismo, usted acepta que RiseSmart puede eliminar o desactivar cualquier Contenido en cualquier momento y por cualquier motivo (incluida, sin limitación, la remisión de reclamaciones o alegaciones de terceros o de autoridades relacionadas con dicho Contenido) o por ningún motivo en absoluto.
3.4 Usted entiende que el funcionamiento del Servicio, incluido su Contenido, puede no ser cifrado e implicar
(a) transmisiones a través de varias redes,
(b) cambios para cumplir y adaptarse a requisitos técnicos de redes o dispositivos de conexión,
(c) transmisiones a proveedores externos y socios de hospedaje de RiseSmart para proporcionar el hardware, el software, la red, el almacenamiento y la tecnología relacionada que son necesarios para utilizar y mantener el Servicio y
(d) transmisiones a otros terceros en relación con la distribución del Servicio. Por consiguiente, reconoce que la responsabilidad de mantener la seguridad, la protección y las copias de seguridad adecuadas de su Contenido recae exclusivamente en usted. RiseSmart no tendrá ninguna responsabilidad ante usted por el uso o acceso no autorizado de su Contenido o por cualquier daño, eliminación, destrucción o pérdida de su Contenido.
3.5 Asimismo, si busca empleo u oportunidades de desarrollo profesional, acepta aplicar su propio criterio, medidas de precaución y sentido común para gestionar las ofertas de empleo y demás información que se ofrezca a través del Servicio, y asumir todos los riesgos derivados de utilizar o confiar en el Contenido (incluida cualquier oferta, recomendación u orientación profesional) proporcionado a través del Servicio.
3.6 En caso de que RiseSmart no logre ejercer ni aplicar algún derecho o disposición de estas CDS, ello no supondrá una renuncia a ese derecho. Usted reconoce que estas CDS son un contrato entre usted y RiseSmart, aunque estén en formato electrónico y no estén firmadas físicamente por usted y RiseSmart, que rigen su uso del Servicio y que tienen prioridad sobre acuerdos similares anteriores establecidos entre usted y RiseSmart.
3.7 Usted reconoce que una empresa cliente de RiseSmart puede contratar a RiseSmart para ayudar a
(a) los empleados actuales y/o anteriores de la empresa cliente que hayan cesado o vayan a cesar su relación laboral con esta en su búsqueda de empleo a través del Servicio (“Asistencia para la recolocación laboral”) o a
(b) los empleados actuales de la empresa cliente a encontrar oportunidades de desarrollo profesional a través del Servicio (“Asistencia para el desarrollo profesional”), ((a) y (b) conjuntamente, “Compromisos con la empresa cliente”). Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en la recolocación laboral, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con la búsqueda de empleo, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera individual o de manera global. Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en el desarrollo profesional, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con la búsqueda de empleo o el desarrollo profesional, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera global. Consulte la Política de privacidad de RiseSmart para obtener más información acerca de la recopilación, el uso y el intercambio por RiseSmart de la información proporcionada por usted y empresas cliente en relación con los Compromisos con la empresa cliente.
3.8 Si está utilizando el Servicio de conformidad con un Compromiso con una empresa cliente, reconoce que el Servicio proporcionado no deberá superar el ámbito, la duración u otros límites de dicho Compromiso con la empresa cliente en virtud del cual se le concede acceso al Servicio.
3.9 Usted acepta que RiseSmart
(a) puede establecer prácticas generales y límites relacionados con el uso del Servicio, incluidos, sin limitación, el período de tiempo máximo por el que el Servicio puede conservar el Contenido o cualquier parte de su Contenido y el espacio de almacenamiento máximo que se asignará en su nombre,
(b) RiseSmart no asume ninguna responsabilidad por la eliminación o la incapacidad de almacenar Contenido o cualquier parte de su Contenido que se cargue o mantenga en el Servicio y
(c) podrá conservar el Contenido y cualquier parte de su Contenido, además de revelarlos si así lo exige la ley o si cree de buena fe que dicha conservación o revelación es necesaria para:
(i) cumplir con procesos legales, leyes aplicables o solicitudes gubernamentales;
(ii) hacer cumplir estas CDS;
(iii) responder a reclamaciones conforme a las cuales el Contenido o cualquier parte de su Contenido infringen los derechos de terceros; o
(iv) proteger los derechos, la propiedad o la seguridad personal de RiseSmart, sus usuarios y el público. Asimismo, usted acepta que RiseSmart puede eliminar o deshabilitar cualquier Contenido o parte de su Contenido en cualquier momento y por cualquier motivo (incluida, sin limitación, la remisión de reclamaciones o alegaciones de terceros o de autoridades relacionadas con dicho Contenido o su Contenido) o por ningún motivo en absoluto.
4. Pago.
En la medida en que el Servicio o parte de este se proporcione a cambio de alguna tarifa (que no sea abonada por una empresa cliente de RiseSmart), se le solicitará que seleccione un plan de pago y proporcione información a RiseSmart relacionada con su tarjeta de crédito u otro instrumento de pago. Usted afirma y garantiza a RiseSmart que dicha información es verdadera y que está autorizado a utilizar dicho instrumento de pago. Usted deberá actualizar puntualmente la información de su cuenta en cuanto se produzca alguna modificación (por ejemplo, un cambio en la dirección de facturación o en la fecha de caducidad de la tarjeta de crédito). Usted acepta pagar a RiseSmart la cantidad especificada en el plan de pago conforme a los términos de dicho plan y de estas CDS. En virtud del presente documento, usted autoriza a RiseSmart a cargar todos los cobros en su instrumento de pago por adelantado y de manera periódica, de conformidad con los términos del plan de pago aplicable, hasta que se cancele su cuenta, y se compromete a abonar todos los pagos contraídos. Si desea rebatir algún pago, deberá notificárselo a RiseSmart en el plazo de sesenta (60) días a contar desde la fecha de facturación de RiseSmart. RiseSmart se reserva el derecho a cambiar sus precios en cualquier momento. Si RiseSmart desea cambiar sus precios, deberá publicar un aviso del cambio en el Sitio web o enviarle un correo electrónico, a criterio de RiseSmart, con un período de antelación de 30 días respecto a la fecha en que se produzca el cambio. Si sigue utilizando el Servicio después de que se haga efectivo el cambio de precios, significará que acepta pagar el nuevo importe. En caso de que esté utilizando el Servicio conforme a un Compromiso con una empresa cliente, a dicha empresa se le cobrará el paquete de Servicio específico que haya autorizado a RiseSmart para proporcionárselo a usted.
5. Declaraciones y garantías.
En lo relacionado con su uso, usted se compromete a no infringir ninguna normativa, regulación o estatuto local, estatal y federal de ninguna jurisdicción, incluidas, entre otras, las leyes y normativas de exportación de Estados Unidos, las leyes antidiscriminación o de igualdad de oportunidades en el acceso al empleo; a no infringir ningún derecho de propiedad intelectual y privacidad, incluidos, entre otros, patentes, derechos de autor, marcas comerciales o secretos comerciales de terceros; a no cargar, publicar, transmitir o almacenar materiales ilegales, ofensivos, difamatorios, fraudulentos, engañosos, confusos, dañinos, amenazantes, intimidatorios, obscenos u objetables; a no incumplir sus obligaciones contractuales o de confidencialidad; a no alterar o interferir en las operaciones normales del Servicio, por ejemplo, mediante la publicación o transmisión de virus, gusanos, scripts, macros o códigos dañinos de cualquier tipo, la publicación continua de materiales repetitivos o la publicación de cantidades anormalmente grandes de datos; a no realizar actividades no permitidas por RiseSmart, como la promoción no autorizada de materiales, el envío de materiales promocionales no solicitados, “correo basura”, “spam”, “cartas en cadena”, estafas piramidales, acuerdos de franquicia o distribución, suscripción a clubes, acuerdos de ventas y demás materiales inaceptables; a no infringir los derechos de privacidad o personales de los demás haciendo un uso inadecuado del Servicio, como, por ejemplo, intimidar o acosar a otra persona, enviar correos electrónicos no deseados o recopilar información personal de otros usuarios; a no traspasar o intentar traspasar las medidas de seguridad del Servicio; a no utilizar ningún dispositivo, proceso o mecanismo para supervisar, recuperar, realizar búsquedas u obtener acceso al Servicio, por ejemplo, mediante un spider o un robot, sin el consentimiento previo por escrito de RiseSmart; a no acceder o intentar acceder a una cuenta o datos de inicio de sesión de un tercero que figure en el Servicio; a no publicar o enviar información imprecisa, falsa o incompleta, como su currículum, sus datos biográficos o su información laboral; a no hacerse pasar por otra persona o entidad; a no falsificar información de encabezados de publicaciones electrónicas o correos; a no dar una imagen falsa sobre usted, su afiliación a un tercero o su entidad.
6. Cancelación.
Tiene derecho a cancelar su cuenta en cualquier momento, según a los procedimientos establecidos en el Sitio o facilitados por separado, según corresponda. Si está utilizando el Servicio conforme a un Compromiso con una empresa cliente, reconoce que su acceso a dicho Servicio caducará una vez superada la fecha de terminación o tras la cancelación de dicho compromiso. RiseSmart se reserva el derecho de
(i) modificar o suspender el Servicio (o cualquier parte de este) de manera temporal o permanente y
(ii) rechazar todos los usos actuales o futuros del Servicio, suspender o cancelar su cuenta (y cualquier parte de esta) o utilizar el Servicio y eliminar y descartar cualquier parte de su Contenido en el Servicio por el motivo que sea, como, por ejemplo, si RiseSmart cree que ha infringido estas CDSS. RiseSmart no tendrá responsabilidad alguna ante usted ni ante ningún tercero por la modificación, suspensión o interrupción del Servicio.
RiseSmart tomará todas las medidas necesarias para ponerse en contacto con usted antes de suspender o cancelar su cuenta. RiseSmart podrá eliminar permanentemente todo su Contenido del Servicio (si dispone de alguno) tras la cancelación de su cuenta a su entera discreción. Si RiseSmart cancela su cuenta sin motivo alguno y se ha registrado a cambio del pago de una tarifa de servicio si corresponde (exclusivo de un compromiso con una empresa cliente), RiseSmart reembolsará la parte prorrateada y no ofrecida en el Servicio de todas las cantidades que haya abonado previamente por este. No obstante, todos los derechos de pago devengados y las condiciones de la Sección 4-12 continuarán en vigencia tras la finalización de estas CDS.
7. EXENCIÓN DE RESPONSABILIDAD.
EL SERVICIO, EL SITIO, EL CONTENIDO (INCLUIDOS, ENTRE OTROS, LOS ANÁLISIS, LAS RECOMENDACIONES, LAS OPORTUNIDADES DE DESARROLLO PROFESIONAL Y LAS OFERTAS DE EMPLEO) Y TODOS LOS COMPONENTES DEL SERVIDOR Y DE LA RED SE PROPORCIONAN «TAL CUAL» Y «EN FUNCIÓN DE LA DISPONIBILIDAD», SIN GARANTÍA DE NINGÚN TIPO, Y RISESMART RENUNCIA DE MANERA EXPRESA A OFRECER GARANTÍA ALGUNA, EXPRESA O IMPLÍCITA, INCLUIDAS, ENTRE OTRAS, A LAS GARANTÍAS IMPLÍCITAS DE COMERCIABILIDAD, TITULARIDAD, ADECUACIÓN A UN FIN EN PARTICULAR Y NO INFRACCIÓN. USTED RECONOCE QUE RISESMART NO GARANTIZA QUE EL SERVICIO SE PROPORCIONE SIN INTERRUPCIONES, DE MANERA PUNTUAL, SEGURA, SIN ERRORES O VIRUS Y QUE NINGUNA INFORMACIÓN, ASESORAMIENTO O SERVICIO OBTENIDO POR USTED DE RISESMART O A TRAVÉS DEL SERVICIO CONSTITUIRÁ GARANTÍA ALGUNA QUE NO SE HAYA ESTABLECIDO DE MANERA EXPRESA EN ESTAS TOS. SIN PERJUICIO DE LO ESTABLECIDO ANTERIORMENTE, SI ESTÁ BUSCANDO EMPLEO O UNA OPORTUNIDAD DE DESARROLLO PROFESIONAL,
(A) RECONOCE Y ACEPTA QUE LAS OFERTAS DE TRABAJO QUE RISESMART PUEDA PUBLICAR EN SU CUENTA SE RECIBEN DE TERCEROS SIN INVESTIGACIÓN PREVIA DE NINGÚN TIPO Y
(B) RISESMART NO GARANTIZA QUE LAS OFERTAS DE TRABAJO U OTRA INFORMACIÓN SEAN PRECISAS O LEGÍTIMAS, QUE USTED VAYA A TENER ÉXITO A LA HORA DE ENCONTRAR TRABAJO O UNA OPORTUNIDAD DE DESARROLLO PROFESIONAL GRACIAS AL USO DEL SERVICIO, O QUE CUALQUIER OFERTA DE EMPLEO O DESARROLLO PROFESIONAL QUE ENCUENTRE AL UTILIZAR EL SERVICIO SE ADAPTE A SUS NECESIDADES O RESULTE ADECUADA PARA USTED.
RiseSmart no será responsable bajo ninguna circunstancia por ningún contenido o material de terceros (incluidos usuarios), incluidos errores u omisiones en cualquier contenido, ni por ninguna pérdida o daño de ningún tipo que se produzca como resultado del uso de dicho contenido. Usted reconoce que RiseSmart no filtra previamente el contenido, pero que tanto RiseSmart como sus personal designado tendrán derecho (pero no la obligación), a su entera discreción, de rechazar o eliminar el contenido disponible a través del Servicio. Usted se compromete a evaluar y asumir todos los riesgos asociados con el uso del contenido, incluida su confianza en la precisión, integridad o utilidad de dicho contenido.
8. LIMITACIÓN DE LA RESPONSABILIDAD.
8.1 RISESMART NO SERÁ RESPONSABLE BAJO NINGUNA CIRCUNSTANCIA NI FUNDAMENTO JURÍDICO (YA SEA POR CONTRATO, RESPONSABILIDAD EXTRACONTRACTUAL, ETC.) ANTE USTED O UN TERCERO POR
(A) NINGÚN DAÑO INDIRECTO, ACCIDENTAL, ESPECIAL, EJEMPLAR, CONSECUENTE O PUNITIVO, COMO LA PÉRDIDA DE BENEFICIOS, DE VENTAS O DE ACTIVIDAD EMPRESARIAL, LA PÉRDIDA DE DATOS O LA INTERRUPCIÓN DE LA ACTIVIDAD EMPRESARIAL, NI POR
(B) NINGÚN DAÑO DIRECTO, COSTE, PÉRDIDA O RESPONSABILIDAD QUE SUPERE LAS TARIFAS EFECTIVAMENTE ABONADAS POR USTED DURANTE LOS SEIS (6) MESES ANTERIORES AL QUE HAYA DADO LUGAR A SU RECLAMACIÓN O, SI NO SE APLICAN TARIFAS, CIEN (100 $) DÓLARES ESTADOUNIDENSES. EN LAS DISPOSICIONES DE ESTA SECCIÓN SE REPARTEN LOS RIESGOS DERIVADOS DE ESTAS CDS ENTRE LAS PARTES Y ESTAS HAN CONFIADO EN LAS LIMITACIONES ESTABLECIDAS A LA HORA DE DETERMINAR SI FIRMAN ESTAS CDS.
8.2 Algunos estados no permiten la exención de responsabilidad, la exclusión de garantías implícitas ni la limitación de la responsabilidad por daños accidentales o consecuentes, lo cual implica que es posible que algunas de las limitaciones anteriores de las secciones 7 (Exención de responsabilidad) y 8 (Limitación de la responsabilidad) no se apliquen a su caso. EN ESTOS ESTADOS, LA RESPONSABILIDAD DE RISESMART SE LIMITARÁ AL LÍMITE MÁXIMO PERMITIDO POR LA LEY. SI USTED ES UN USUARIO DE NUEVA JERSEY, LAS SECCIONES 7 (EXENCIÓN DE RESPONSABILIDAD) Y 8 (LIMITACIÓN DE LA RESPONSABILIDAD) SE INTERPRETARÁN EN EL ALCANCE MÁXIMO QUE PERMITA LA LEGISLACIÓN DE NUEVA JERSEY. SI ALGUNA PARTE DE ESTAS SECCIONES SE CONSIDERA NO VÁLIDA DE CONFORMIDAD CON LA LEGISLACIÓN DE NUEVA JERSEY, LA INVALIDEZ DE DICHA PARTE NO AFECTARÁ A LA VALIDEZ DE LAS DEMÁS PARTES DE LA SECCIÓN CORRESPONDIENTE.
9. Indemnización.
Usted deberá defender, indemnizar y exonerar a RiseSmart frente a toda reclamación, acción o demanda, incluidas, entre otras, las costas legales y contables razonables que se deriven del incumplimiento de estas CDS, de su Contenido, de su acceso o contribución al Servicio, o del uso o uso indebido de este. RiseSmart le enviará una notificación sobre dicha reclamación, denuncia o demanda. RiseSmart se reserva el derecho a asumir la defensa y el control exclusivos de cualquier asunto sujeto a indemnización de conformidad con esta sección. En tal caso, acepta cooperar con cualquier solicitud razonable para ayudar a RiseSmart en la defensa de dicho asunto. Sin perjuicio de lo anterior, usted no tendrá obligación alguna de indemnizar, defender ni exonerar a RiseSmart ante reclamaciones, acciones o demandas derivadas de acciones u omisiones por parte de RiseSmart.
10. Cesión.
Usted no podrá ceder estas CDS sin el consentimiento previo por escrito de RiseSmart, pero es posible que RiseSmart ceda o transfiera estas CDS total o parcialmente sin restricción alguna.
11. Legislación aplicable.
Estas CDS se regirán por las leyes del estado de California sin considerar los principios de conflictos de leyes. Salvo en los casos particulares en que RiseSmart decida lo contrario, en virtud del presente documento, usted acepta quedar sujeto de manera expresa a la jurisdicción personal exclusiva de los tribunales federales y estatales del estado de California con el fin de resolver cualquier disputa relacionada con el acceso al Servicio o su uso.
12. DMCA.
La Ley sobre Derechos de Autor en el Milenio Digital («DMCA») de 1998 ofrece a los propietarios de derechos de autor recursos legales en caso de que un material que aparece en Internet infrinja sus derechos de conformidad con la Ley estadounidense de derechos de autor. RiseSmart procesará e investigará puntualmente todos los avisos de supuestas infracciones y llevará a cabo las acciones correspondientes de conformidad con la DMCA y otras leyes de propiedad intelectual aplicables en relación con cualquier infracción supuesta o real. Las notificaciones sobre reclamaciones por infracciones de derechos de autor se deben enviar por correo electrónico al agente de derechos de autor de RiseSmart, a la dirección user.support@risesmart.com (línea de asunto: “Solicitud de retirada conforme a la DMCA”). También puede ponerse en contacto con RiseSmart mediante correo electrónico a través de la dirección:
Atención: Agente de derechos de autor
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
Aviso: Para que resulte efectiva, la notificación debe enviarse por escrito y contener la siguiente información:
- una firma física o electrónica de la persona autorizada para actuar en nombre del propietario de los derechos de autor o de otros intereses de propiedad intelectual;
- una descripción de la obra protegida mediante derechos de autor u otra propiedad intelectual respecto de las cuales reclama una infracción;
- una descripción de la ubicación del Sitio en la que se encuentra el material respecto del cual reclama una infracción, con información suficiente para que RiseSmart pueda encontrarla en el Sitio;
- su dirección, número de teléfono y dirección de correo electrónico;
- una declaración suya conforme cree de buena fe que el uso objeto de disputa no está autorizado por el propietario de los derechos de autor o de la propiedad intelectual, su agente o la legislación pertinente;
- una declaración suya, realizada bajo pena de perjurio, de que la información especificada en su aviso es precisa y que usted es el propietario de la propiedad intelectual o los derechos de autor, o que está autorizado para actuar en nombre de dicho propietario.
13.1. Aplicaciones de software compatibles con Apple.
RiseSmart ofrece aplicaciones de Software diseñadas para utilizarse con productos comercializados por Apple In. (“Apple”), entre otras plataformas. En relación con el Software facilitado para utilizarse con un producto de marca Apple (“Software compatible con Apple”), además de los demás términos y condiciones establecidos en estas CDS, se aplicarán los siguientes términos y condiciones:
- RiseSmart y usted reconocen que estas CDS se han formalizado entre ambas partes únicamente y no con Apple, y que entre RiseSmart y Apple, es RiseSmart y no Apple la única responsable del Software compatible con Apple y del contenido correspondiente.
- Usted no podrá utilizar el Software compatible con Apple de modo que infrinja o no cumpla con las normas de uso establecidas para este, o que entre en conflicto con las Condiciones de servicio de la Apple Store.
- Su licencia para utilizar el Software compatible con Apple está limitada a una licencia intransferible para utilizar dicho software en un producto iOS de su propiedad o controlado por usted, de conformidad con las normas de uso establecidas en las Condiciones de servicio de la App Store.
- Apple no tiene ninguna obligación de proporcionar servicios de mantenimiento o asistencia para el Software compatible con Apple.
- Apple no será responsable de ninguna garantía de producto, ya sea expresa o establecida por ley. En caso de que el Software compatible con Apple no cumpla con una garantía aplicable, podrá notificarle dicha circunstancia a Apple y Apple le reembolsará el precio de compra del Software compatible con Apple, si ha abonado alguno, y en el alcance máximo permitido por la ley aplicable, Apple no tendrá ninguna otra obligación de prestación de garantía con respecto al Software compatible con Apple, ni con ninguna otra reclamación, pérdida, responsabilidad, daño, coste o gasto atribuible al incumplimiento de cualquier garantía, lo cual será responsabilidad exclusiva de RiseSmart, en la medida en que no se pueda renunciar a estas conforme a la legislación aplicable.
- RiseSmart y usted reconocen que RiseSmart, y no Apple, es responsable de atender las reclamaciones que usted o un tercero presenten en relación con el Software compatible con Apple o con su posesión y/o uso de este, incluidas, entre otras, (i) reclamaciones por responsabilidades de responsabilidad civil por productos defectuosos; (ii) reclamaciones por la no conformidad del Software compatible con Apple con cualquier requisito legal o normativo aplicable; y (iii) reclamaciones derivadas de la legislación de protección al consumidor o leyes similares.
- En caso de que un tercero reclame que el Software compatible con Apple o la posesión y el uso de este por el usuario final infringe los derechos de propiedad intelectual de dicho tercero, RiseSmart será el responsable exclusivo de la investigación, la defensa, el pago y liquidación de dicha reclamación por infracción de la propiedad intelectual.
- Usted garantiza que (i) no reside en un país sujeto a un embargo por parte del Gobierno de Estados Unidos o que haya sido designado por este como un país que “apoya el terrorismo”; y (ii) que no figura en ninguna lista de entidades prohibidas o restringidas por el Gobierno de Estados Unidos.
- Si tiene alguna pregunta, queja o reclamación relacionada con el Software compatible con Apple, deberá remitirla a RiseSmart a la siguiente dirección:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
RiseSmart y usted reconocen y acuerdan que Apple y las filiales de Apple son terceras partes beneficiarias de estas CDS en lo relacionado con el Software compatible con Apple y que, tras su aceptación de los términos y condiciones de estas CDS, Apple tendrá derecho (y se considerará que ha aceptado el derecho) a hacer cumplir estas CDS ante usted con respecto al Software compatible con Apple como tercera beneficiaria de este.
- Más información: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Vínculos a otros sitios.
El Servicio puede contener vínculos a sitios web de terceros. Estos vínculos se proporcionan únicamente para comodidad del usuario y no a modo de respaldo de los contenidos de dichos sitios web de terceros por parte de RiseSmart. RiseSmart no es responsable del contenido de los sitios de terceros vinculados y no ofrece ninguna garantía relacionada con el contenido o la precisión de los materiales de dichos sitios web de terceros. Si decide acceder a sitios web de terceros vinculados mediante un enlace, lo hará bajo su cuenta y riesgo.
15. Dispositivos móviles.
Si utiliza el Servicio a través de un dispositivo móvil, acepta que se envíe a RiseSmart la información acerca de su uso del Servicio a través de su dispositivo móvil y operador, así como de su operador móvil, su dispositivo móvil o su ubicación física. Además, el uso del Servicio a través de un dispositivo móvil puede provocar que se muestren datos en y a través de su dispositivo móvil. Al acceder al Servicio mediante un dispositivo móvil, garantiza que en la medida en que importe sus datos de RiseSmart a su dispositivo móvil, está autorizado para compartir los datos transferidos con su operador móvil u otro proveedor de acceso. En caso de que cambie o desactive su dispositivo móvil/cuenta, deberá asegurarse de que su cuenta o cualquier mensaje relacionado (según corresponda) no se envíen a ningún tercero ni sean accesibles por este. De lo contrario, usted asumirá la responsabilidad. Usted reconoce que es responsable de abonar todos los cargos y de los permisos necesarios relacionados con el acceso al Servicio a través de su dispositivo móvil y su proveedor. Por lo tanto, deberá consultar a su proveedor para obtener las condiciones de estos servicios para su dispositivo móvil específico. Al utilizar aplicaciones descargables para habilitar el uso del Servicio, confirma de manera explícita su aceptación de las condiciones del Contrato de licencia de usuario final asociado con la aplicación proporcionada tras la descarga o la instalación o cuando se actualice periódicamente.
Fecha de entrada en vigor: 18 de enero de 2019
Effective May 7th 2019 to August 30th 2019
DownloadTable of Contents
TÉRMINOS Y CONDICIONES
1. Aceptación de las condiciones.
1.1 RiseSmart, Inc. y sus filiales (conjuntamente, “RiseSmart”) le proporcionan su Servicio (tal y como se define a continuación) a través de sitios web bajo el control de RiseSmart (incluido, sin limitación, el sitio que se encuentra en la página http://www.RiseSmart.com) (conjuntamente, el “Sitio”), de conformidad con estas Condiciones de servicio (“CDS”). Mediante la aceptación de estas CDS o al acceder a o utilizar el Servicio o el Sitio, reconoce que ha leído, comprendido y acepta cumplir estas CDS. Si no está de acuerdo con las CDS, no deberá aceptarlas ni utilizar el Servicio.
1.2 RiseSmart puede cambiar estas CDS ocasionalmente sin previo aviso. Los términos y condiciones revisados entrarán en vigor tras su publicación, por lo que si utiliza el Servicio después de esta fecha, su uso constituirá la aceptación de los términos y condiciones revisados. Si alguno de los cambios realizados en las CDS no le resulta aceptable, la única medida que podrá tomar será dejar de acceder al Servicio y utilizarlo.
2. Descripción del servicio.
El “Servicio” incluye (a) el Sitio, (b) los servicios de recolocación laboral y gestión de carreras profesionales de RiseSmart, así como otros servicios (incluidos los servicios de gestión de archivos y análisis) y tecnologías y aplicaciones relacionados (incluidos, sin limitación, aplicaciones y servicios a los que se accede a través de dispositivos móviles u otras interfaces que le permitan el acceso), y (c) todo el software (incluido el Software, tal y como se define a continuación), materiales, portales, recomendaciones, ofertas de empleo, datos, informes, textos, imágenes, sonido, vídeo, estadísticas y otros contenidos facilitados a través de alguno de los medios indicados anteriormente (conjuntamente, “Contenido”). Todas las funciones nuevas que se añadan al Servicio o sirvan para ampliarlo también estarán sujetas a estas CDS.
3. Condiciones generales/acceso y uso del Servicio.
3.1 De conformidad con los términos y condiciones de estas CDS, solamente podrá acceder al Servicio y utilizarlo con fines lícitos. Todos los derechos, la titularidad y los intereses relacionados con el Servicio y sus componentes seguirán siendo propiedad exclusiva de RiseSmart. Usted no podrá (ni permitirá a ningún tercero)
(a) copiar, reproducir, modificar, eliminar, distribuir, descargar, almacenar, transmitir, publicar, crear un trabajo derivado, utilizar técnicas de ingeniería inversa, desensamblar o intentar, directa o indirectamente, descubrir el código fuente, vender, sublicenciar, revender, alquilar, arrendar, transferir, ceder, compartir el Servicio temporalmente, explotar comercialmente el Servicio o ponerlo a disposición de un tercero;
(b) utilizar el Servicio de manera ilegal (por ejemplo, de modo que infrinja cualquier ley de control de exportaciones, privacidad o protección de datos) o de manera que interfiera o altere la integridad o el rendimiento del Servicio o sus componentes,
(c) modificar, adaptar o hackear el Servicio, o intentar acceder de manera no autorizada al Servicio o a sus sistemas o redes relacionados; o
(d) utilizar cualquier Contenido de otros sitios web o medios (por ejemplo, un entorno de red). Usted deberá cumplir con los códigos de conducta, las políticas y demás avisos que RiseSmart le proporcione o publique en relación con el Servicio, y notificará puntualmente a RiseSmart si descubre que se ha cometido una infracción de seguridad relacionada con el Servicio. Además, cuando utilice determinados servicios, estará sujeto a cualquier condición adicional aplicable a estos que se publique ocasionalmente en el Servicio, incluida, entre otras, la Política de privacidad de RiseSmart.
3.2 Cualquier software que facilite RiseSmart en relación con el Servicio (“Software”) contiene información confidencial y exclusiva protegida por las leyes de propiedad intelectual y demás leyes aplicables. De conformidad con los términos y condiciones de estas CDS, RiseSmart le concede en virtud del presente un derecho y una licencia personales, intransferibles, no sublicenciables y no exclusivos para utilizar el código objeto de cualquier Software en un solo dispositivo en lo relacionado exclusivamente con el Servicio. Usted se compromete a no acceder al Servicio a través de un medio distinto de la interfaz que RiseSmart proporciona para acceder al Servicio. Todos los derechos no concedidos de manera expresa en virtud de este documento quedan reservados y no se le concederá ninguna licencia ni derecho para utilizar ninguna marca comercial de RiseSmart o de terceros en relación con el Servicio.
3.3 Usted es el único responsable de todos los datos, información, comentarios, sugerencias, texto, contenido y demás materiales que cargue, publique, entregue, proporcione, transmita o almacene (en adelante, “transmisión”) en relación con el Servicio (“su Contenido”). En virtud del presente documento afirma y garantiza que el Contenido que transmita con respecto al Servicio
(a) es preciso, verdadero, legal, decente, honesto y completo (incluidos, sin limitación, los aspectos relacionados con su currículum, sus datos biográficos e información laboral, si está utilizando el Servicio para la búsqueda de empleo o el desarrollo de su carrera profesional) y
(b) está libre de errores, gusanos o virus. Usted acepta que es posible que RiseSmart elimine su Contenido del Servicio si considera que ha incumplido la disposición anterior o de conformidad con otras disposiciones de estas CDS. Usted es responsable de mantener la confidencialidad de sus datos de inicio de sesión, su contraseña y su cuenta en todas las actividades que se desarrollen durante su sesión o con su cuenta. RiseSmart se reserva el derecho de acceder a su cuenta para responder a sus solicitudes de asistencia técnica. Mediante la transmisión de su Contenido en el Servicio o a través de este, usted concede en virtud del presente documento a RiseSmart una licencia mundial, no exclusiva, perpetua, irrevocable, sin regalías, completamente pagada, sublicenciable y transferible para utilizar, modificar, reproducir, distribuir, mostrar, publicar y representar su Contenido en relación con el Servicio. RiseSmart tiene el derecho, pero no la obligación, de filtrar o supervisar el Servicio, el Contenido o su Contenido. Asimismo, usted acepta que RiseSmart puede eliminar o desactivar cualquier Contenido en cualquier momento y por cualquier motivo (incluida, sin limitación, la remisión de reclamaciones o alegaciones de terceros o de autoridades relacionadas con dicho Contenido) o por ningún motivo en absoluto.
3.4 Usted entiende que el funcionamiento del Servicio, incluido su Contenido, puede no ser cifrado e implicar
(a) transmisiones a través de varias redes,
(b) cambios para cumplir y adaptarse a requisitos técnicos de redes o dispositivos de conexión,
(c) transmisiones a proveedores externos y socios de hospedaje de RiseSmart para proporcionar el hardware, el software, la red, el almacenamiento y la tecnología relacionada que son necesarios para utilizar y mantener el Servicio y
(d) transmisiones a otros terceros en relación con la distribución del Servicio. Por consiguiente, reconoce que la responsabilidad de mantener la seguridad, la protección y las copias de seguridad adecuadas de su Contenido recae exclusivamente en usted. RiseSmart no tendrá ninguna responsabilidad ante usted por el uso o acceso no autorizado de su Contenido o por cualquier daño, eliminación, destrucción o pérdida de su Contenido.
3.5 Asimismo, si busca empleo u oportunidades de desarrollo profesional, acepta aplicar su propio criterio, medidas de precaución y sentido común para gestionar las ofertas de empleo y demás información que se ofrezca a través del Servicio, y asumir todos los riesgos derivados de utilizar o confiar en el Contenido (incluida cualquier oferta, recomendación u orientación profesional) proporcionado a través del Servicio.
3.6 En caso de que RiseSmart no logre ejercer ni aplicar algún derecho o disposición de estas CDS, ello no supondrá una renuncia a ese derecho. Usted reconoce que estas CDS son un contrato entre usted y RiseSmart, aunque estén en formato electrónico y no estén firmadas físicamente por usted y RiseSmart, que rigen su uso del Servicio y que tienen prioridad sobre acuerdos similares anteriores establecidos entre usted y RiseSmart.
3.7 Usted reconoce que una empresa cliente de RiseSmart puede contratar a RiseSmart para ayudar a
(a) los empleados actuales y/o anteriores de la empresa cliente que hayan cesado o vayan a cesar su relación laboral con esta en su búsqueda de empleo a través del Servicio (“Asistencia para la recolocación laboral”) o a
(b) los empleados actuales de la empresa cliente a encontrar oportunidades de desarrollo profesional a través del Servicio (“Asistencia para el desarrollo profesional”), ((a) y (b) conjuntamente, “Compromisos con la empresa cliente”). Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en la recolocación laboral, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con la búsqueda de empleo, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera individual o de manera global. Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en el desarrollo profesional, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con la búsqueda de empleo o el desarrollo profesional, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera global. Consulte la Política de privacidad de RiseSmart para obtener más información acerca de la recopilación, el uso y el intercambio por RiseSmart de la información proporcionada por usted y empresas cliente en relación con los Compromisos con la empresa cliente.
3.8 Si está utilizando el Servicio de conformidad con un Compromiso con una empresa cliente, reconoce que el Servicio proporcionado no deberá superar el ámbito, la duración u otros límites de dicho Compromiso con la empresa cliente en virtud del cual se le concede acceso al Servicio.
3.9 Usted acepta que RiseSmart
(a) puede establecer prácticas generales y límites relacionados con el uso del Servicio, incluidos, sin limitación, el período de tiempo máximo por el que el Servicio puede conservar el Contenido o cualquier parte de su Contenido y el espacio de almacenamiento máximo que se asignará en su nombre,
(b) RiseSmart no asume ninguna responsabilidad por la eliminación o la incapacidad de almacenar Contenido o cualquier parte de su Contenido que se cargue o mantenga en el Servicio y
(c) podrá conservar el Contenido y cualquier parte de su Contenido, además de revelarlos si así lo exige la ley o si cree de buena fe que dicha conservación o revelación es necesaria para:
(i) cumplir con procesos legales, leyes aplicables o solicitudes gubernamentales;
(ii) hacer cumplir estas CDS;
(iii) responder a reclamaciones conforme a las cuales el Contenido o cualquier parte de su Contenido infringen los derechos de terceros; o
(iv) proteger los derechos, la propiedad o la seguridad personal de RiseSmart, sus usuarios y el público. Asimismo, usted acepta que RiseSmart puede eliminar o deshabilitar cualquier Contenido o parte de su Contenido en cualquier momento y por cualquier motivo (incluida, sin limitación, la remisión de reclamaciones o alegaciones de terceros o de autoridades relacionadas con dicho Contenido o su Contenido) o por ningún motivo en absoluto.
4. Pago.
En la medida en que el Servicio o parte de este se proporcione a cambio de alguna tarifa (que no sea abonada por una empresa cliente de RiseSmart), se le solicitará que seleccione un plan de pago y proporcione información a RiseSmart relacionada con su tarjeta de crédito u otro instrumento de pago. Usted afirma y garantiza a RiseSmart que dicha información es verdadera y que está autorizado a utilizar dicho instrumento de pago. Usted deberá actualizar puntualmente la información de su cuenta en cuanto se produzca alguna modificación (por ejemplo, un cambio en la dirección de facturación o en la fecha de caducidad de la tarjeta de crédito). Usted acepta pagar a RiseSmart la cantidad especificada en el plan de pago conforme a los términos de dicho plan y de estas CDS. En virtud del presente documento, usted autoriza a RiseSmart a cargar todos los cobros en su instrumento de pago por adelantado y de manera periódica, de conformidad con los términos del plan de pago aplicable, hasta que se cancele su cuenta, y se compromete a abonar todos los pagos contraídos. Si desea rebatir algún pago, deberá notificárselo a RiseSmart en el plazo de sesenta (60) días a contar desde la fecha de facturación de RiseSmart. RiseSmart se reserva el derecho a cambiar sus precios en cualquier momento. Si RiseSmart desea cambiar sus precios, deberá publicar un aviso del cambio en el Sitio web o enviarle un correo electrónico, a criterio de RiseSmart, con un período de antelación de 30 días respecto a la fecha en que se produzca el cambio. Si sigue utilizando el Servicio después de que se haga efectivo el cambio de precios, significará que acepta pagar el nuevo importe. En caso de que esté utilizando el Servicio conforme a un Compromiso con una empresa cliente, a dicha empresa se le cobrará el paquete de Servicio específico que haya autorizado a RiseSmart para proporcionárselo a usted.
5. Declaraciones y garantías.
En lo relacionado con su uso, usted se compromete a no infringir ninguna normativa, regulación o estatuto local, estatal y federal de ninguna jurisdicción, incluidas, entre otras, las leyes y normativas de exportación de Estados Unidos, las leyes antidiscriminación o de igualdad de oportunidades en el acceso al empleo; a no infringir ningún derecho de propiedad intelectual y privacidad, incluidos, entre otros, patentes, derechos de autor, marcas comerciales o secretos comerciales de terceros; a no cargar, publicar, transmitir o almacenar materiales ilegales, ofensivos, difamatorios, fraudulentos, engañosos, confusos, dañinos, amenazantes, intimidatorios, obscenos u objetables; a no incumplir sus obligaciones contractuales o de confidencialidad; a no alterar o interferir en las operaciones normales del Servicio, por ejemplo, mediante la publicación o transmisión de virus, gusanos, scripts, macros o códigos dañinos de cualquier tipo, la publicación continua de materiales repetitivos o la publicación de cantidades anormalmente grandes de datos; a no realizar actividades no permitidas por RiseSmart, como la promoción no autorizada de materiales, el envío de materiales promocionales no solicitados, “correo basura”, “spam”, “cartas en cadena”, estafas piramidales, acuerdos de franquicia o distribución, suscripción a clubes, acuerdos de ventas y demás materiales inaceptables; a no infringir los derechos de privacidad o personales de los demás haciendo un uso inadecuado del Servicio, como, por ejemplo, intimidar o acosar a otra persona, enviar correos electrónicos no deseados o recopilar información personal de otros usuarios; a no traspasar o intentar traspasar las medidas de seguridad del Servicio; a no utilizar ningún dispositivo, proceso o mecanismo para supervisar, recuperar, realizar búsquedas u obtener acceso al Servicio, por ejemplo, mediante un spider o un robot, sin el consentimiento previo por escrito de RiseSmart; a no acceder o intentar acceder a una cuenta o datos de inicio de sesión de un tercero que figure en el Servicio; a no publicar o enviar información imprecisa, falsa o incompleta, como su currículum, sus datos biográficos o su información laboral; a no hacerse pasar por otra persona o entidad; a no falsificar información de encabezados de publicaciones electrónicas o correos; a no dar una imagen falsa sobre usted, su afiliación a un tercero o su entidad.
6. Cancelación.
Tiene derecho a cancelar su cuenta en cualquier momento, según a los procedimientos establecidos en el Sitio o facilitados por separado, según corresponda. Si está utilizando el Servicio conforme a un Compromiso con una empresa cliente, reconoce que su acceso a dicho Servicio caducará una vez superada la fecha de terminación o tras la cancelación de dicho compromiso. RiseSmart se reserva el derecho de
(i) modificar o suspender el Servicio (o cualquier parte de este) de manera temporal o permanente y
(ii) rechazar todos los usos actuales o futuros del Servicio, suspender o cancelar su cuenta (y cualquier parte de esta) o utilizar el Servicio y eliminar y descartar cualquier parte de su Contenido en el Servicio por el motivo que sea, como, por ejemplo, si RiseSmart cree que ha infringido estas CDSS. RiseSmart no tendrá responsabilidad alguna ante usted ni ante ningún tercero por la modificación, suspensión o interrupción del Servicio.
RiseSmart tomará todas las medidas necesarias para ponerse en contacto con usted antes de suspender o cancelar su cuenta. RiseSmart podrá eliminar permanentemente todo su Contenido del Servicio (si dispone de alguno) tras la cancelación de su cuenta a su entera discreción. Si RiseSmart cancela su cuenta sin motivo alguno y se ha registrado a cambio del pago de una tarifa de servicio si corresponde (exclusivo de un compromiso con una empresa cliente), RiseSmart reembolsará la parte prorrateada y no ofrecida en el Servicio de todas las cantidades que haya abonado previamente por este. No obstante, todos los derechos de pago devengados y las condiciones de la Sección 4-12 continuarán en vigencia tras la finalización de estas CDS.
7. EXENCIÓN DE RESPONSABILIDAD.
EL SERVICIO, EL SITIO, EL CONTENIDO (INCLUIDOS, ENTRE OTROS, LOS ANÁLISIS, LAS RECOMENDACIONES, LAS OPORTUNIDADES DE DESARROLLO PROFESIONAL Y LAS OFERTAS DE EMPLEO) Y TODOS LOS COMPONENTES DEL SERVIDOR Y DE LA RED SE PROPORCIONAN «TAL CUAL» Y «EN FUNCIÓN DE LA DISPONIBILIDAD», SIN GARANTÍA DE NINGÚN TIPO, Y RISESMART RENUNCIA DE MANERA EXPRESA A OFRECER GARANTÍA ALGUNA, EXPRESA O IMPLÍCITA, INCLUIDAS, ENTRE OTRAS, A LAS GARANTÍAS IMPLÍCITAS DE COMERCIABILIDAD, TITULARIDAD, ADECUACIÓN A UN FIN EN PARTICULAR Y NO INFRACCIÓN. USTED RECONOCE QUE RISESMART NO GARANTIZA QUE EL SERVICIO SE PROPORCIONE SIN INTERRUPCIONES, DE MANERA PUNTUAL, SEGURA, SIN ERRORES O VIRUS Y QUE NINGUNA INFORMACIÓN, ASESORAMIENTO O SERVICIO OBTENIDO POR USTED DE RISESMART O A TRAVÉS DEL SERVICIO CONSTITUIRÁ GARANTÍA ALGUNA QUE NO SE HAYA ESTABLECIDO DE MANERA EXPRESA EN ESTAS TOS. SIN PERJUICIO DE LO ESTABLECIDO ANTERIORMENTE, SI ESTÁ BUSCANDO EMPLEO O UNA OPORTUNIDAD DE DESARROLLO PROFESIONAL,
(A) RECONOCE Y ACEPTA QUE LAS OFERTAS DE TRABAJO QUE RISESMART PUEDA PUBLICAR EN SU CUENTA SE RECIBEN DE TERCEROS SIN INVESTIGACIÓN PREVIA DE NINGÚN TIPO Y
(B) RISESMART NO GARANTIZA QUE LAS OFERTAS DE TRABAJO U OTRA INFORMACIÓN SEAN PRECISAS O LEGÍTIMAS, QUE USTED VAYA A TENER ÉXITO A LA HORA DE ENCONTRAR TRABAJO O UNA OPORTUNIDAD DE DESARROLLO PROFESIONAL GRACIAS AL USO DEL SERVICIO, O QUE CUALQUIER OFERTA DE EMPLEO O DESARROLLO PROFESIONAL QUE ENCUENTRE AL UTILIZAR EL SERVICIO SE ADAPTE A SUS NECESIDADES O RESULTE ADECUADA PARA USTED.
RiseSmart no será responsable bajo ninguna circunstancia por ningún contenido o material de terceros (incluidos usuarios), incluidos errores u omisiones en cualquier contenido, ni por ninguna pérdida o daño de ningún tipo que se produzca como resultado del uso de dicho contenido. Usted reconoce que RiseSmart no filtra previamente el contenido, pero que tanto RiseSmart como sus personal designado tendrán derecho (pero no la obligación), a su entera discreción, de rechazar o eliminar el contenido disponible a través del Servicio. Usted se compromete a evaluar y asumir todos los riesgos asociados con el uso del contenido, incluida su confianza en la precisión, integridad o utilidad de dicho contenido.
8. LIMITACIÓN DE LA RESPONSABILIDAD.
8.1 RISESMART NO SERÁ RESPONSABLE BAJO NINGUNA CIRCUNSTANCIA NI FUNDAMENTO JURÍDICO (YA SEA POR CONTRATO, RESPONSABILIDAD EXTRACONTRACTUAL, ETC.) ANTE USTED O UN TERCERO POR
(A) NINGÚN DAÑO INDIRECTO, ACCIDENTAL, ESPECIAL, EJEMPLAR, CONSECUENTE O PUNITIVO, COMO LA PÉRDIDA DE BENEFICIOS, DE VENTAS O DE ACTIVIDAD EMPRESARIAL, LA PÉRDIDA DE DATOS O LA INTERRUPCIÓN DE LA ACTIVIDAD EMPRESARIAL, NI POR
(B) NINGÚN DAÑO DIRECTO, COSTE, PÉRDIDA O RESPONSABILIDAD QUE SUPERE LAS TARIFAS EFECTIVAMENTE ABONADAS POR USTED DURANTE LOS SEIS (6) MESES ANTERIORES AL QUE HAYA DADO LUGAR A SU RECLAMACIÓN O, SI NO SE APLICAN TARIFAS, CIEN (100 $) DÓLARES ESTADOUNIDENSES. EN LAS DISPOSICIONES DE ESTA SECCIÓN SE REPARTEN LOS RIESGOS DERIVADOS DE ESTAS CDS ENTRE LAS PARTES Y ESTAS HAN CONFIADO EN LAS LIMITACIONES ESTABLECIDAS A LA HORA DE DETERMINAR SI FIRMAN ESTAS CDS.
8.2 Algunos estados no permiten la exención de responsabilidad, la exclusión de garantías implícitas ni la limitación de la responsabilidad por daños accidentales o consecuentes, lo cual implica que es posible que algunas de las limitaciones anteriores de las secciones 7 (Exención de responsabilidad) y 8 (Limitación de la responsabilidad) no se apliquen a su caso. EN ESTOS ESTADOS, LA RESPONSABILIDAD DE RISESMART SE LIMITARÁ AL LÍMITE MÁXIMO PERMITIDO POR LA LEY. SI USTED ES UN USUARIO DE NUEVA JERSEY, LAS SECCIONES 7 (EXENCIÓN DE RESPONSABILIDAD) Y 8 (LIMITACIÓN DE LA RESPONSABILIDAD) SE INTERPRETARÁN EN EL ALCANCE MÁXIMO QUE PERMITA LA LEGISLACIÓN DE NUEVA JERSEY. SI ALGUNA PARTE DE ESTAS SECCIONES SE CONSIDERA NO VÁLIDA DE CONFORMIDAD CON LA LEGISLACIÓN DE NUEVA JERSEY, LA INVALIDEZ DE DICHA PARTE NO AFECTARÁ A LA VALIDEZ DE LAS DEMÁS PARTES DE LA SECCIÓN CORRESPONDIENTE.
9. Indemnización.
Usted deberá defender, indemnizar y exonerar a RiseSmart frente a toda reclamación, acción o demanda, incluidas, entre otras, las costas legales y contables razonables que se deriven del incumplimiento de estas CDS, de su Contenido, de su acceso o contribución al Servicio, o del uso o uso indebido de este. RiseSmart le enviará una notificación sobre dicha reclamación, denuncia o demanda. RiseSmart se reserva el derecho a asumir la defensa y el control exclusivos de cualquier asunto sujeto a indemnización de conformidad con esta sección. En tal caso, acepta cooperar con cualquier solicitud razonable para ayudar a RiseSmart en la defensa de dicho asunto. Sin perjuicio de lo anterior, usted no tendrá obligación alguna de indemnizar, defender ni exonerar a RiseSmart ante reclamaciones, acciones o demandas derivadas de acciones u omisiones por parte de RiseSmart.
10. Cesión.
Usted no podrá ceder estas CDS sin el consentimiento previo por escrito de RiseSmart, pero es posible que RiseSmart ceda o transfiera estas CDS total o parcialmente sin restricción alguna.
11. Legislación aplicable.
Estas CDS se regirán por las leyes del estado de California sin considerar los principios de conflictos de leyes. Salvo en los casos particulares en que RiseSmart decida lo contrario, en virtud del presente documento, usted acepta quedar sujeto de manera expresa a la jurisdicción personal exclusiva de los tribunales federales y estatales del estado de California con el fin de resolver cualquier disputa relacionada con el acceso al Servicio o su uso.
12. DMCA.
La Ley sobre Derechos de Autor en el Milenio Digital («DMCA») de 1998 ofrece a los propietarios de derechos de autor recursos legales en caso de que un material que aparece en Internet infrinja sus derechos de conformidad con la Ley estadounidense de derechos de autor. RiseSmart procesará e investigará puntualmente todos los avisos de supuestas infracciones y llevará a cabo las acciones correspondientes de conformidad con la DMCA y otras leyes de propiedad intelectual aplicables en relación con cualquier infracción supuesta o real. Las notificaciones sobre reclamaciones por infracciones de derechos de autor se deben enviar por correo electrónico al agente de derechos de autor de RiseSmart, a la dirección user.support@risesmart.com (línea de asunto: “Solicitud de retirada conforme a la DMCA”). También puede ponerse en contacto con RiseSmart mediante correo electrónico a través de la dirección:
Atención: Agente de derechos de autor
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
Aviso: Para que resulte efectiva, la notificación debe enviarse por escrito y contener la siguiente información:
- una firma física o electrónica de la persona autorizada para actuar en nombre del propietario de los derechos de autor o de otros intereses de propiedad intelectual;
- una descripción de la obra protegida mediante derechos de autor u otra propiedad intelectual respecto de las cuales reclama una infracción;
- una descripción de la ubicación del Sitio en la que se encuentra el material respecto del cual reclama una infracción, con información suficiente para que RiseSmart pueda encontrarla en el Sitio;
- su dirección, número de teléfono y dirección de correo electrónico;
- una declaración suya conforme cree de buena fe que el uso objeto de disputa no está autorizado por el propietario de los derechos de autor o de la propiedad intelectual, su agente o la legislación pertinente;
- una declaración suya, realizada bajo pena de perjurio, de que la información especificada en su aviso es precisa y que usted es el propietario de la propiedad intelectual o los derechos de autor, o que está autorizado para actuar en nombre de dicho propietario.
13.1. Aplicaciones de software compatibles con Apple.
RiseSmart ofrece aplicaciones de Software diseñadas para utilizarse con productos comercializados por Apple In. (“Apple”), entre otras plataformas. En relación con el Software facilitado para utilizarse con un producto de marca Apple (“Software compatible con Apple”), además de los demás términos y condiciones establecidos en estas CDS, se aplicarán los siguientes términos y condiciones:
- RiseSmart y usted reconocen que estas CDS se han formalizado entre ambas partes únicamente y no con Apple, y que entre RiseSmart y Apple, es RiseSmart y no Apple la única responsable del Software compatible con Apple y del contenido correspondiente.
- Usted no podrá utilizar el Software compatible con Apple de modo que infrinja o no cumpla con las normas de uso establecidas para este, o que entre en conflicto con las Condiciones de servicio de la Apple Store.
- Su licencia para utilizar el Software compatible con Apple está limitada a una licencia intransferible para utilizar dicho software en un producto iOS de su propiedad o controlado por usted, de conformidad con las normas de uso establecidas en las Condiciones de servicio de la App Store.
- Apple no tiene ninguna obligación de proporcionar servicios de mantenimiento o asistencia para el Software compatible con Apple.
- Apple no será responsable de ninguna garantía de producto, ya sea expresa o establecida por ley. En caso de que el Software compatible con Apple no cumpla con una garantía aplicable, podrá notificarle dicha circunstancia a Apple y Apple le reembolsará el precio de compra del Software compatible con Apple, si ha abonado alguno, y en el alcance máximo permitido por la ley aplicable, Apple no tendrá ninguna otra obligación de prestación de garantía con respecto al Software compatible con Apple, ni con ninguna otra reclamación, pérdida, responsabilidad, daño, coste o gasto atribuible al incumplimiento de cualquier garantía, lo cual será responsabilidad exclusiva de RiseSmart, en la medida en que no se pueda renunciar a estas conforme a la legislación aplicable.
- RiseSmart y usted reconocen que RiseSmart, y no Apple, es responsable de atender las reclamaciones que usted o un tercero presenten en relación con el Software compatible con Apple o con su posesión y/o uso de este, incluidas, entre otras, (i) reclamaciones por responsabilidades de responsabilidad civil por productos defectuosos; (ii) reclamaciones por la no conformidad del Software compatible con Apple con cualquier requisito legal o normativo aplicable; y (iii) reclamaciones derivadas de la legislación de protección al consumidor o leyes similares.
- En caso de que un tercero reclame que el Software compatible con Apple o la posesión y el uso de este por el usuario final infringe los derechos de propiedad intelectual de dicho tercero, RiseSmart será el responsable exclusivo de la investigación, la defensa, el pago y liquidación de dicha reclamación por infracción de la propiedad intelectual.
- Usted garantiza que (i) no reside en un país sujeto a un embargo por parte del Gobierno de Estados Unidos o que haya sido designado por este como un país que “apoya el terrorismo”; y (ii) que no figura en ninguna lista de entidades prohibidas o restringidas por el Gobierno de Estados Unidos.
- Si tiene alguna pregunta, queja o reclamación relacionada con el Software compatible con Apple, deberá remitirla a RiseSmart a la siguiente dirección:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
RiseSmart y usted reconocen y acuerdan que Apple y las filiales de Apple son terceras partes beneficiarias de estas CDS en lo relacionado con el Software compatible con Apple y que, tras su aceptación de los términos y condiciones de estas CDS, Apple tendrá derecho (y se considerará que ha aceptado el derecho) a hacer cumplir estas CDS ante usted con respecto al Software compatible con Apple como tercera beneficiaria de este.
- Más información: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Vínculos a otros sitios.
El Servicio puede contener vínculos a sitios web de terceros. Estos vínculos se proporcionan únicamente para comodidad del usuario y no a modo de respaldo de los contenidos de dichos sitios web de terceros por parte de RiseSmart. RiseSmart no es responsable del contenido de los sitios de terceros vinculados y no ofrece ninguna garantía relacionada con el contenido o la precisión de los materiales de dichos sitios web de terceros. Si decide acceder a sitios web de terceros vinculados mediante un enlace, lo hará bajo su cuenta y riesgo.
15. Dispositivos móviles.
Si utiliza el Servicio a través de un dispositivo móvil, acepta que se envíe a RiseSmart la información acerca de su uso del Servicio a través de su dispositivo móvil y operador, así como de su operador móvil, su dispositivo móvil o su ubicación física. Además, el uso del Servicio a través de un dispositivo móvil puede provocar que se muestren datos en y a través de su dispositivo móvil. Al acceder al Servicio mediante un dispositivo móvil, garantiza que en la medida en que importe sus datos de RiseSmart a su dispositivo móvil, está autorizado para compartir los datos transferidos con su operador móvil u otro proveedor de acceso. En caso de que cambie o desactive su dispositivo móvil/cuenta, deberá asegurarse de que su cuenta o cualquier mensaje relacionado (según corresponda) no se envíen a ningún tercero ni sean accesibles por este. De lo contrario, usted asumirá la responsabilidad. Usted reconoce que es responsable de abonar todos los cargos y de los permisos necesarios relacionados con el acceso al Servicio a través de su dispositivo móvil y su proveedor. Por lo tanto, deberá consultar a su proveedor para obtener las condiciones de estos servicios para su dispositivo móvil específico. Al utilizar aplicaciones descargables para habilitar el uso del Servicio, confirma de manera explícita su aceptación de las condiciones del Contrato de licencia de usuario final asociado con la aplicación proporcionada tras la descarga o la instalación o cuando se actualice periódicamente.
Fecha de entrada en vigor: 18 de enero de 2019
Effective May 7th 2019 to May 7th 2019
DownloadTable of Contents
TÉRMINOS Y CONDICIONES
1. Aceptación de las condiciones.
1.1 RiseSmart, Inc. y sus filiales (conjuntamente, “RiseSmart”) le proporcionan su Servicio (tal y como se define a continuación) a través de sitios web bajo el control de RiseSmart (incluido, sin limitación, el sitio que se encuentra en la página http://www.RiseSmart.com) (conjuntamente, el “Sitio”), de conformidad con estas Condiciones de servicio (“CDS”). Mediante la aceptación de estas CDS o al acceder a o utilizar el Servicio o el Sitio, reconoce que ha leído, comprendido y acepta cumplir estas CDS. Si no está de acuerdo con las CDS, no deberá aceptarlas ni utilizar el Servicio.
1.2 RiseSmart puede cambiar estas CDS ocasionalmente sin previo aviso. Los términos y condiciones revisados entrarán en vigor tras su publicación, por lo que si utiliza el Servicio después de esta fecha, su uso constituirá la aceptación de los términos y condiciones revisados. Si alguno de los cambios realizados en las CDS no le resulta aceptable, la única medida que podrá tomar será dejar de acceder al Servicio y utilizarlo.
2. Descripción del servicio.
El “Servicio” incluye (a) el Sitio, (b) los servicios de recolocación laboral y gestión de carreras profesionales de RiseSmart, así como otros servicios (incluidos los servicios de gestión de archivos y análisis) y tecnologías y aplicaciones relacionados (incluidos, sin limitación, aplicaciones y servicios a los que se accede a través de dispositivos móviles u otras interfaces que le permitan el acceso), y (c) todo el software (incluido el Software, tal y como se define a continuación), materiales, portales, recomendaciones, ofertas de empleo, datos, informes, textos, imágenes, sonido, vídeo, estadísticas y otros contenidos facilitados a través de alguno de los medios indicados anteriormente (conjuntamente, “Contenido”). Todas las funciones nuevas que se añadan al Servicio o sirvan para ampliarlo también estarán sujetas a estas CDS.
3. Condiciones generales/acceso y uso del Servicio.
3.1 De conformidad con los términos y condiciones de estas CDS, solamente podrá acceder al Servicio y utilizarlo con fines lícitos. Todos los derechos, la titularidad y los intereses relacionados con el Servicio y sus componentes seguirán siendo propiedad exclusiva de RiseSmart. Usted no podrá (ni permitirá a ningún tercero)
(a) copiar, reproducir, modificar, eliminar, distribuir, descargar, almacenar, transmitir, publicar, crear un trabajo derivado, utilizar técnicas de ingeniería inversa, desensamblar o intentar, directa o indirectamente, descubrir el código fuente, vender, sublicenciar, revender, alquilar, arrendar, transferir, ceder, compartir el Servicio temporalmente, explotar comercialmente el Servicio o ponerlo a disposición de un tercero;
(b) utilizar el Servicio de manera ilegal (por ejemplo, de modo que infrinja cualquier ley de control de exportaciones, privacidad o protección de datos) o de manera que interfiera o altere la integridad o el rendimiento del Servicio o sus componentes,
(c) modificar, adaptar o hackear el Servicio, o intentar acceder de manera no autorizada al Servicio o a sus sistemas o redes relacionados; o
(d) utilizar cualquier Contenido de otros sitios web o medios (por ejemplo, un entorno de red). Usted deberá cumplir con los códigos de conducta, las políticas y demás avisos que RiseSmart le proporcione o publique en relación con el Servicio, y notificará puntualmente a RiseSmart si descubre que se ha cometido una infracción de seguridad relacionada con el Servicio. Además, cuando utilice determinados servicios, estará sujeto a cualquier condición adicional aplicable a estos que se publique ocasionalmente en el Servicio, incluida, entre otras, la Política de privacidad de RiseSmart.
3.2 Cualquier software que facilite RiseSmart en relación con el Servicio (“Software”) contiene información confidencial y exclusiva protegida por las leyes de propiedad intelectual y demás leyes aplicables. De conformidad con los términos y condiciones de estas CDS, RiseSmart le concede en virtud del presente un derecho y una licencia personales, intransferibles, no sublicenciables y no exclusivos para utilizar el código objeto de cualquier Software en un solo dispositivo en lo relacionado exclusivamente con el Servicio. Usted se compromete a no acceder al Servicio a través de un medio distinto de la interfaz que RiseSmart proporciona para acceder al Servicio. Todos los derechos no concedidos de manera expresa en virtud de este documento quedan reservados y no se le concederá ninguna licencia ni derecho para utilizar ninguna marca comercial de RiseSmart o de terceros en relación con el Servicio.
3.3 Usted es el único responsable de todos los datos, información, comentarios, sugerencias, texto, contenido y demás materiales que cargue, publique, entregue, proporcione, transmita o almacene (en adelante, “transmisión”) en relación con el Servicio (“su Contenido”). En virtud del presente documento afirma y garantiza que el Contenido que transmita con respecto al Servicio
(a) es preciso, verdadero, legal, decente, honesto y completo (incluidos, sin limitación, los aspectos relacionados con su currículum, sus datos biográficos e información laboral, si está utilizando el Servicio para la búsqueda de empleo o el desarrollo de su carrera profesional) y
(b) está libre de errores, gusanos o virus. Usted acepta que es posible que RiseSmart elimine su Contenido del Servicio si considera que ha incumplido la disposición anterior o de conformidad con otras disposiciones de estas CDS. Usted es responsable de mantener la confidencialidad de sus datos de inicio de sesión, su contraseña y su cuenta en todas las actividades que se desarrollen durante su sesión o con su cuenta. RiseSmart se reserva el derecho de acceder a su cuenta para responder a sus solicitudes de asistencia técnica. Mediante la transmisión de su Contenido en el Servicio o a través de este, usted concede en virtud del presente documento a RiseSmart una licencia mundial, no exclusiva, perpetua, irrevocable, sin regalías, completamente pagada, sublicenciable y transferible para utilizar, modificar, reproducir, distribuir, mostrar, publicar y representar su Contenido en relación con el Servicio. RiseSmart tiene el derecho, pero no la obligación, de filtrar o supervisar el Servicio, el Contenido o su Contenido. Asimismo, usted acepta que RiseSmart puede eliminar o desactivar cualquier Contenido en cualquier momento y por cualquier motivo (incluida, sin limitación, la remisión de reclamaciones o alegaciones de terceros o de autoridades relacionadas con dicho Contenido) o por ningún motivo en absoluto.
3.4 Usted entiende que el funcionamiento del Servicio, incluido su Contenido, puede no ser cifrado e implicar
(a) transmisiones a través de varias redes,
(b) cambios para cumplir y adaptarse a requisitos técnicos de redes o dispositivos de conexión,
(c) transmisiones a proveedores externos y socios de hospedaje de RiseSmart para proporcionar el hardware, el software, la red, el almacenamiento y la tecnología relacionada que son necesarios para utilizar y mantener el Servicio y
(d) transmisiones a otros terceros en relación con la distribución del Servicio. Por consiguiente, reconoce que la responsabilidad de mantener la seguridad, la protección y las copias de seguridad adecuadas de su Contenido recae exclusivamente en usted. RiseSmart no tendrá ninguna responsabilidad ante usted por el uso o acceso no autorizado de su Contenido o por cualquier daño, eliminación, destrucción o pérdida de su Contenido.
3.5 Asimismo, si busca empleo u oportunidades de desarrollo profesional, acepta aplicar su propio criterio, medidas de precaución y sentido común para gestionar las ofertas de empleo y demás información que se ofrezca a través del Servicio, y asumir todos los riesgos derivados de utilizar o confiar en el Contenido (incluida cualquier oferta, recomendación u orientación profesional) proporcionado a través del Servicio.
3.6 En caso de que RiseSmart no logre ejercer ni aplicar algún derecho o disposición de estas CDS, ello no supondrá una renuncia a ese derecho. Usted reconoce que estas CDS son un contrato entre usted y RiseSmart, aunque estén en formato electrónico y no estén firmadas físicamente por usted y RiseSmart, que rigen su uso del Servicio y que tienen prioridad sobre acuerdos similares anteriores establecidos entre usted y RiseSmart.
3.7 Usted reconoce que una empresa cliente de RiseSmart puede contratar a RiseSmart para ayudar a
(a) los empleados actuales y/o anteriores de la empresa cliente que hayan cesado o vayan a cesar su relación laboral con esta en su búsqueda de empleo a través del Servicio (“Asistencia para la recolocación laboral”) o a
(b) los empleados actuales de la empresa cliente a encontrar oportunidades de desarrollo profesional a través del Servicio (“Asistencia para el desarrollo profesional”), ((a) y (b) conjuntamente, “Compromisos con la empresa cliente”). Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en la recolocación laboral, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con la búsqueda de empleo, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera individual o de manera global. Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en el desarrollo profesional, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con la búsqueda de empleo o el desarrollo profesional, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera global. Consulte la Política de privacidad de RiseSmart para obtener más información acerca de la recopilación, el uso y el intercambio por RiseSmart de la información proporcionada por usted y empresas cliente en relación con los Compromisos con la empresa cliente.
3.8 Si está utilizando el Servicio de conformidad con un Compromiso con una empresa cliente, reconoce que el Servicio proporcionado no deberá superar el ámbito, la duración u otros límites de dicho Compromiso con la empresa cliente en virtud del cual se le concede acceso al Servicio.
3.9 Usted acepta que RiseSmart
(a) puede establecer prácticas generales y límites relacionados con el uso del Servicio, incluidos, sin limitación, el período de tiempo máximo por el que el Servicio puede conservar el Contenido o cualquier parte de su Contenido y el espacio de almacenamiento máximo que se asignará en su nombre,
(b) RiseSmart no asume ninguna responsabilidad por la eliminación o la incapacidad de almacenar Contenido o cualquier parte de su Contenido que se cargue o mantenga en el Servicio y
(c) podrá conservar el Contenido y cualquier parte de su Contenido, además de revelarlos si así lo exige la ley o si cree de buena fe que dicha conservación o revelación es necesaria para:
(i) cumplir con procesos legales, leyes aplicables o solicitudes gubernamentales;
(ii) hacer cumplir estas CDS;
(iii) responder a reclamaciones conforme a las cuales el Contenido o cualquier parte de su Contenido infringen los derechos de terceros; o
(iv) proteger los derechos, la propiedad o la seguridad personal de RiseSmart, sus usuarios y el público. Asimismo, usted acepta que RiseSmart puede eliminar o deshabilitar cualquier Contenido o parte de su Contenido en cualquier momento y por cualquier motivo (incluida, sin limitación, la remisión de reclamaciones o alegaciones de terceros o de autoridades relacionadas con dicho Contenido o su Contenido) o por ningún motivo en absoluto.
4. Pago.
En la medida en que el Servicio o parte de este se proporcione a cambio de alguna tarifa (que no sea abonada por una empresa cliente de RiseSmart), se le solicitará que seleccione un plan de pago y proporcione información a RiseSmart relacionada con su tarjeta de crédito u otro instrumento de pago. Usted afirma y garantiza a RiseSmart que dicha información es verdadera y que está autorizado a utilizar dicho instrumento de pago. Usted deberá actualizar puntualmente la información de su cuenta en cuanto se produzca alguna modificación (por ejemplo, un cambio en la dirección de facturación o en la fecha de caducidad de la tarjeta de crédito). Usted acepta pagar a RiseSmart la cantidad especificada en el plan de pago conforme a los términos de dicho plan y de estas CDS. En virtud del presente documento, usted autoriza a RiseSmart a cargar todos los cobros en su instrumento de pago por adelantado y de manera periódica, de conformidad con los términos del plan de pago aplicable, hasta que se cancele su cuenta, y se compromete a abonar todos los pagos contraídos. Si desea rebatir algún pago, deberá notificárselo a RiseSmart en el plazo de sesenta (60) días a contar desde la fecha de facturación de RiseSmart. RiseSmart se reserva el derecho a cambiar sus precios en cualquier momento. Si RiseSmart desea cambiar sus precios, deberá publicar un aviso del cambio en el Sitio web o enviarle un correo electrónico, a criterio de RiseSmart, con un período de antelación de 30 días respecto a la fecha en que se produzca el cambio. Si sigue utilizando el Servicio después de que se haga efectivo el cambio de precios, significará que acepta pagar el nuevo importe. En caso de que esté utilizando el Servicio conforme a un Compromiso con una empresa cliente, a dicha empresa se le cobrará el paquete de Servicio específico que haya autorizado a RiseSmart para proporcionárselo a usted.
5. Declaraciones y garantías.
En lo relacionado con su uso, usted se compromete a no infringir ninguna normativa, regulación o estatuto local, estatal y federal de ninguna jurisdicción, incluidas, entre otras, las leyes y normativas de exportación de Estados Unidos, las leyes antidiscriminación o de igualdad de oportunidades en el acceso al empleo; a no infringir ningún derecho de propiedad intelectual y privacidad, incluidos, entre otros, patentes, derechos de autor, marcas comerciales o secretos comerciales de terceros; a no cargar, publicar, transmitir o almacenar materiales ilegales, ofensivos, difamatorios, fraudulentos, engañosos, confusos, dañinos, amenazantes, intimidatorios, obscenos u objetables; a no incumplir sus obligaciones contractuales o de confidencialidad; a no alterar o interferir en las operaciones normales del Servicio, por ejemplo, mediante la publicación o transmisión de virus, gusanos, scripts, macros o códigos dañinos de cualquier tipo, la publicación continua de materiales repetitivos o la publicación de cantidades anormalmente grandes de datos; a no realizar actividades no permitidas por RiseSmart, como la promoción no autorizada de materiales, el envío de materiales promocionales no solicitados, “correo basura”, “spam”, “cartas en cadena”, estafas piramidales, acuerdos de franquicia o distribución, suscripción a clubes, acuerdos de ventas y demás materiales inaceptables; a no infringir los derechos de privacidad o personales de los demás haciendo un uso inadecuado del Servicio, como, por ejemplo, intimidar o acosar a otra persona, enviar correos electrónicos no deseados o recopilar información personal de otros usuarios; a no traspasar o intentar traspasar las medidas de seguridad del Servicio; a no utilizar ningún dispositivo, proceso o mecanismo para supervisar, recuperar, realizar búsquedas u obtener acceso al Servicio, por ejemplo, mediante un spider o un robot, sin el consentimiento previo por escrito de RiseSmart; a no acceder o intentar acceder a una cuenta o datos de inicio de sesión de un tercero que figure en el Servicio; a no publicar o enviar información imprecisa, falsa o incompleta, como su currículum, sus datos biográficos o su información laboral; a no hacerse pasar por otra persona o entidad; a no falsificar información de encabezados de publicaciones electrónicas o correos; a no dar una imagen falsa sobre usted, su afiliación a un tercero o su entidad.
6. Cancelación.
Tiene derecho a cancelar su cuenta en cualquier momento, según a los procedimientos establecidos en el Sitio o facilitados por separado, según corresponda. Si está utilizando el Servicio conforme a un Compromiso con una empresa cliente, reconoce que su acceso a dicho Servicio caducará una vez superada la fecha de terminación o tras la cancelación de dicho compromiso. RiseSmart se reserva el derecho de
(i) modificar o suspender el Servicio (o cualquier parte de este) de manera temporal o permanente y
(ii) rechazar todos los usos actuales o futuros del Servicio, suspender o cancelar su cuenta (y cualquier parte de esta) o utilizar el Servicio y eliminar y descartar cualquier parte de su Contenido en el Servicio por el motivo que sea, como, por ejemplo, si RiseSmart cree que ha infringido estas CDSS. RiseSmart no tendrá responsabilidad alguna ante usted ni ante ningún tercero por la modificación, suspensión o interrupción del Servicio.
RiseSmart tomará todas las medidas necesarias para ponerse en contacto con usted antes de suspender o cancelar su cuenta. RiseSmart podrá eliminar permanentemente todo su Contenido del Servicio (si dispone de alguno) tras la cancelación de su cuenta a su entera discreción. Si RiseSmart cancela su cuenta sin motivo alguno y se ha registrado a cambio del pago de una tarifa de servicio si corresponde (exclusivo de un compromiso con una empresa cliente), RiseSmart reembolsará la parte prorrateada y no ofrecida en el Servicio de todas las cantidades que haya abonado previamente por este. No obstante, todos los derechos de pago devengados y las condiciones de la Sección 4-12 continuarán en vigencia tras la finalización de estas CDS.
7. EXENCIÓN DE RESPONSABILIDAD.
EL SERVICIO, EL SITIO, EL CONTENIDO (INCLUIDOS, ENTRE OTROS, LOS ANÁLISIS, LAS RECOMENDACIONES, LAS OPORTUNIDADES DE DESARROLLO PROFESIONAL Y LAS OFERTAS DE EMPLEO) Y TODOS LOS COMPONENTES DEL SERVIDOR Y DE LA RED SE PROPORCIONAN «TAL CUAL» Y «EN FUNCIÓN DE LA DISPONIBILIDAD», SIN GARANTÍA DE NINGÚN TIPO, Y RISESMART RENUNCIA DE MANERA EXPRESA A OFRECER GARANTÍA ALGUNA, EXPRESA O IMPLÍCITA, INCLUIDAS, ENTRE OTRAS, A LAS GARANTÍAS IMPLÍCITAS DE COMERCIABILIDAD, TITULARIDAD, ADECUACIÓN A UN FIN EN PARTICULAR Y NO INFRACCIÓN. USTED RECONOCE QUE RISESMART NO GARANTIZA QUE EL SERVICIO SE PROPORCIONE SIN INTERRUPCIONES, DE MANERA PUNTUAL, SEGURA, SIN ERRORES O VIRUS Y QUE NINGUNA INFORMACIÓN, ASESORAMIENTO O SERVICIO OBTENIDO POR USTED DE RISESMART O A TRAVÉS DEL SERVICIO CONSTITUIRÁ GARANTÍA ALGUNA QUE NO SE HAYA ESTABLECIDO DE MANERA EXPRESA EN ESTAS TOS. SIN PERJUICIO DE LO ESTABLECIDO ANTERIORMENTE, SI ESTÁ BUSCANDO EMPLEO O UNA OPORTUNIDAD DE DESARROLLO PROFESIONAL,
(A) RECONOCE Y ACEPTA QUE LAS OFERTAS DE TRABAJO QUE RISESMART PUEDA PUBLICAR EN SU CUENTA SE RECIBEN DE TERCEROS SIN INVESTIGACIÓN PREVIA DE NINGÚN TIPO Y
(B) RISESMART NO GARANTIZA QUE LAS OFERTAS DE TRABAJO U OTRA INFORMACIÓN SEAN PRECISAS O LEGÍTIMAS, QUE USTED VAYA A TENER ÉXITO A LA HORA DE ENCONTRAR TRABAJO O UNA OPORTUNIDAD DE DESARROLLO PROFESIONAL GRACIAS AL USO DEL SERVICIO, O QUE CUALQUIER OFERTA DE EMPLEO O DESARROLLO PROFESIONAL QUE ENCUENTRE AL UTILIZAR EL SERVICIO SE ADAPTE A SUS NECESIDADES O RESULTE ADECUADA PARA USTED.
RiseSmart no será responsable bajo ninguna circunstancia por ningún contenido o material de terceros (incluidos usuarios), incluidos errores u omisiones en cualquier contenido, ni por ninguna pérdida o daño de ningún tipo que se produzca como resultado del uso de dicho contenido. Usted reconoce que RiseSmart no filtra previamente el contenido, pero que tanto RiseSmart como sus personal designado tendrán derecho (pero no la obligación), a su entera discreción, de rechazar o eliminar el contenido disponible a través del Servicio. Usted se compromete a evaluar y asumir todos los riesgos asociados con el uso del contenido, incluida su confianza en la precisión, integridad o utilidad de dicho contenido.
8. LIMITACIÓN DE LA RESPONSABILIDAD.
8.1 RISESMART NO SERÁ RESPONSABLE BAJO NINGUNA CIRCUNSTANCIA NI FUNDAMENTO JURÍDICO (YA SEA POR CONTRATO, RESPONSABILIDAD EXTRACONTRACTUAL, ETC.) ANTE USTED O UN TERCERO POR
(A) NINGÚN DAÑO INDIRECTO, ACCIDENTAL, ESPECIAL, EJEMPLAR, CONSECUENTE O PUNITIVO, COMO LA PÉRDIDA DE BENEFICIOS, DE VENTAS O DE ACTIVIDAD EMPRESARIAL, LA PÉRDIDA DE DATOS O LA INTERRUPCIÓN DE LA ACTIVIDAD EMPRESARIAL, NI POR
(B) NINGÚN DAÑO DIRECTO, COSTE, PÉRDIDA O RESPONSABILIDAD QUE SUPERE LAS TARIFAS EFECTIVAMENTE ABONADAS POR USTED DURANTE LOS SEIS (6) MESES ANTERIORES AL QUE HAYA DADO LUGAR A SU RECLAMACIÓN O, SI NO SE APLICAN TARIFAS, CIEN (100 $) DÓLARES ESTADOUNIDENSES. EN LAS DISPOSICIONES DE ESTA SECCIÓN SE REPARTEN LOS RIESGOS DERIVADOS DE ESTAS CDS ENTRE LAS PARTES Y ESTAS HAN CONFIADO EN LAS LIMITACIONES ESTABLECIDAS A LA HORA DE DETERMINAR SI FIRMAN ESTAS CDS.
8.2 Algunos estados no permiten la exención de responsabilidad, la exclusión de garantías implícitas ni la limitación de la responsabilidad por daños accidentales o consecuentes, lo cual implica que es posible que algunas de las limitaciones anteriores de las secciones 7 (Exención de responsabilidad) y 8 (Limitación de la responsabilidad) no se apliquen a su caso. EN ESTOS ESTADOS, LA RESPONSABILIDAD DE RISESMART SE LIMITARÁ AL LÍMITE MÁXIMO PERMITIDO POR LA LEY. SI USTED ES UN USUARIO DE NUEVA JERSEY, LAS SECCIONES 7 (EXENCIÓN DE RESPONSABILIDAD) Y 8 (LIMITACIÓN DE LA RESPONSABILIDAD) SE INTERPRETARÁN EN EL ALCANCE MÁXIMO QUE PERMITA LA LEGISLACIÓN DE NUEVA JERSEY. SI ALGUNA PARTE DE ESTAS SECCIONES SE CONSIDERA NO VÁLIDA DE CONFORMIDAD CON LA LEGISLACIÓN DE NUEVA JERSEY, LA INVALIDEZ DE DICHA PARTE NO AFECTARÁ A LA VALIDEZ DE LAS DEMÁS PARTES DE LA SECCIÓN CORRESPONDIENTE.
9. Indemnización.
Usted deberá defender, indemnizar y exonerar a RiseSmart frente a toda reclamación, acción o demanda, incluidas, entre otras, las costas legales y contables razonables que se deriven del incumplimiento de estas CDS, de su Contenido, de su acceso o contribución al Servicio, o del uso o uso indebido de este. RiseSmart le enviará una notificación sobre dicha reclamación, denuncia o demanda. RiseSmart se reserva el derecho a asumir la defensa y el control exclusivos de cualquier asunto sujeto a indemnización de conformidad con esta sección. En tal caso, acepta cooperar con cualquier solicitud razonable para ayudar a RiseSmart en la defensa de dicho asunto. Sin perjuicio de lo anterior, usted no tendrá obligación alguna de indemnizar, defender ni exonerar a RiseSmart ante reclamaciones, acciones o demandas derivadas de acciones u omisiones por parte de RiseSmart.
10. Cesión.
Usted no podrá ceder estas CDS sin el consentimiento previo por escrito de RiseSmart, pero es posible que RiseSmart ceda o transfiera estas CDS total o parcialmente sin restricción alguna.
11. Legislación aplicable.
Estas CDS se regirán por las leyes del estado de California sin considerar los principios de conflictos de leyes. Salvo en los casos particulares en que RiseSmart decida lo contrario, en virtud del presente documento, usted acepta quedar sujeto de manera expresa a la jurisdicción personal exclusiva de los tribunales federales y estatales del estado de California con el fin de resolver cualquier disputa relacionada con el acceso al Servicio o su uso.
12. DMCA.
La Ley sobre Derechos de Autor en el Milenio Digital («DMCA») de 1998 ofrece a los propietarios de derechos de autor recursos legales en caso de que un material que aparece en Internet infrinja sus derechos de conformidad con la Ley estadounidense de derechos de autor. RiseSmart procesará e investigará puntualmente todos los avisos de supuestas infracciones y llevará a cabo las acciones correspondientes de conformidad con la DMCA y otras leyes de propiedad intelectual aplicables en relación con cualquier infracción supuesta o real. Las notificaciones sobre reclamaciones por infracciones de derechos de autor se deben enviar por correo electrónico al agente de derechos de autor de RiseSmart, a la dirección user.support@risesmart.com (línea de asunto: “Solicitud de retirada conforme a la DMCA”). También puede ponerse en contacto con RiseSmart mediante correo electrónico a través de la dirección:
Atención: Agente de derechos de autor
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
Aviso: Para que resulte efectiva, la notificación debe enviarse por escrito y contener la siguiente información:
- una firma física o electrónica de la persona autorizada para actuar en nombre del propietario de los derechos de autor o de otros intereses de propiedad intelectual;
- una descripción de la obra protegida mediante derechos de autor u otra propiedad intelectual respecto de las cuales reclama una infracción;
- una descripción de la ubicación del Sitio en la que se encuentra el material respecto del cual reclama una infracción, con información suficiente para que RiseSmart pueda encontrarla en el Sitio;
- su dirección, número de teléfono y dirección de correo electrónico;
- una declaración suya conforme cree de buena fe que el uso objeto de disputa no está autorizado por el propietario de los derechos de autor o de la propiedad intelectual, su agente o la legislación pertinente;
- una declaración suya, realizada bajo pena de perjurio, de que la información especificada en su aviso es precisa y que usted es el propietario de la propiedad intelectual o los derechos de autor, o que está autorizado para actuar en nombre de dicho propietario.
13.1. Aplicaciones de software compatibles con Apple.
RiseSmart ofrece aplicaciones de Software diseñadas para utilizarse con productos comercializados por Apple In. (“Apple”), entre otras plataformas. En relación con el Software facilitado para utilizarse con un producto de marca Apple (“Software compatible con Apple”), además de los demás términos y condiciones establecidos en estas CDS, se aplicarán los siguientes términos y condiciones:
- RiseSmart y usted reconocen que estas CDS se han formalizado entre ambas partes únicamente y no con Apple, y que entre RiseSmart y Apple, es RiseSmart y no Apple la única responsable del Software compatible con Apple y del contenido correspondiente.
- Usted no podrá utilizar el Software compatible con Apple de modo que infrinja o no cumpla con las normas de uso establecidas para este, o que entre en conflicto con las Condiciones de servicio de la Apple Store.
- Su licencia para utilizar el Software compatible con Apple está limitada a una licencia intransferible para utilizar dicho software en un producto iOS de su propiedad o controlado por usted, de conformidad con las normas de uso establecidas en las Condiciones de servicio de la App Store.
- Apple no tiene ninguna obligación de proporcionar servicios de mantenimiento o asistencia para el Software compatible con Apple.
- Apple no será responsable de ninguna garantía de producto, ya sea expresa o establecida por ley. En caso de que el Software compatible con Apple no cumpla con una garantía aplicable, podrá notificarle dicha circunstancia a Apple y Apple le reembolsará el precio de compra del Software compatible con Apple, si ha abonado alguno, y en el alcance máximo permitido por la ley aplicable, Apple no tendrá ninguna otra obligación de prestación de garantía con respecto al Software compatible con Apple, ni con ninguna otra reclamación, pérdida, responsabilidad, daño, coste o gasto atribuible al incumplimiento de cualquier garantía, lo cual será responsabilidad exclusiva de RiseSmart, en la medida en que no se pueda renunciar a estas conforme a la legislación aplicable.
- RiseSmart y usted reconocen que RiseSmart, y no Apple, es responsable de atender las reclamaciones que usted o un tercero presenten en relación con el Software compatible con Apple o con su posesión y/o uso de este, incluidas, entre otras, (i) reclamaciones por responsabilidades de responsabilidad civil por productos defectuosos; (ii) reclamaciones por la no conformidad del Software compatible con Apple con cualquier requisito legal o normativo aplicable; y (iii) reclamaciones derivadas de la legislación de protección al consumidor o leyes similares.
- En caso de que un tercero reclame que el Software compatible con Apple o la posesión y el uso de este por el usuario final infringe los derechos de propiedad intelectual de dicho tercero, RiseSmart será el responsable exclusivo de la investigación, la defensa, el pago y liquidación de dicha reclamación por infracción de la propiedad intelectual.
- Usted garantiza que (i) no reside en un país sujeto a un embargo por parte del Gobierno de Estados Unidos o que haya sido designado por este como un país que “apoya el terrorismo”; y (ii) que no figura en ninguna lista de entidades prohibidas o restringidas por el Gobierno de Estados Unidos.
- Si tiene alguna pregunta, queja o reclamación relacionada con el Software compatible con Apple, deberá remitirla a RiseSmart a la siguiente dirección:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
RiseSmart y usted reconocen y acuerdan que Apple y las filiales de Apple son terceras partes beneficiarias de estas CDS en lo relacionado con el Software compatible con Apple y que, tras su aceptación de los términos y condiciones de estas CDS, Apple tendrá derecho (y se considerará que ha aceptado el derecho) a hacer cumplir estas CDS ante usted con respecto al Software compatible con Apple como tercera beneficiaria de este.
- Más información: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Vínculos a otros sitios.
El Servicio puede contener vínculos a sitios web de terceros. Estos vínculos se proporcionan únicamente para comodidad del usuario y no a modo de respaldo de los contenidos de dichos sitios web de terceros por parte de RiseSmart. RiseSmart no es responsable del contenido de los sitios de terceros vinculados y no ofrece ninguna garantía relacionada con el contenido o la precisión de los materiales de dichos sitios web de terceros. Si decide acceder a sitios web de terceros vinculados mediante un enlace, lo hará bajo su cuenta y riesgo.
15. Dispositivos móviles.
Si utiliza el Servicio a través de un dispositivo móvil, acepta que se envíe a RiseSmart la información acerca de su uso del Servicio a través de su dispositivo móvil y operador, así como de su operador móvil, su dispositivo móvil o su ubicación física. Además, el uso del Servicio a través de un dispositivo móvil puede provocar que se muestren datos en y a través de su dispositivo móvil. Al acceder al Servicio mediante un dispositivo móvil, garantiza que en la medida en que importe sus datos de RiseSmart a su dispositivo móvil, está autorizado para compartir los datos transferidos con su operador móvil u otro proveedor de acceso. En caso de que cambie o desactive su dispositivo móvil/cuenta, deberá asegurarse de que su cuenta o cualquier mensaje relacionado (según corresponda) no se envíen a ningún tercero ni sean accesibles por este. De lo contrario, usted asumirá la responsabilidad. Usted reconoce que es responsable de abonar todos los cargos y de los permisos necesarios relacionados con el acceso al Servicio a través de su dispositivo móvil y su proveedor. Por lo tanto, deberá consultar a su proveedor para obtener las condiciones de estos servicios para su dispositivo móvil específico. Al utilizar aplicaciones descargables para habilitar el uso del Servicio, confirma de manera explícita su aceptación de las condiciones del Contrato de licencia de usuario final asociado con la aplicación proporcionada tras la descarga o la instalación o cuando se actualice periódicamente.
Fecha de entrada en vigor: 18 de enero de 2019
DATENSCHUTZRICHTLINIE
Effective May 7th 2019
DownloadTable of Contents
RISESMART-DATENSCHUTZRICHTLINIE
RiseSmart, Inc. und seine Tochtergesellschaften (zusammen „RiseSmart“) erbringen ihre Services (wie unten definiert) für Sie über Websites, die der Kontrolle von RiseSmart unterliegen (darunter die Website unter der Adresse http://www.RiseSmart.com) (zusammen die „Website“), gemäß den Servicebedingungen (zu finden unter http://www.RiseSmart.com/terms-conditions) und dieser Datenschutzrichtlinie. Der Begriff „Service“ umfasst (a) die Website, (b) die Outplacement- und Karrieremanagementservices von RiseSmart und weitere zugehörige Services (darunter Dateiverwaltungs- und Analyseservices) sowie zugehörige Technologien und (c) jegliche Software, Materialien, Portale, Empfehlungen, Stellenanzeigen, Daten, Berichte, Texte, Bilder, Sounds, Videos, Analysen und sonstige Inhalte, die über eines der vorstehenden Medien zugänglich gemacht werden (zusammen die „Inhalte“).
RiseSmart ist der Datenverantwortliche für alle über den Service erfassten und verarbeiteten Daten. Jegliche neue Funktionen, die zum Service hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls den Servicebedingungen und dieser Datenschutzrichtlinie. Diese Datenschutzrichtlinie legt die RiseSmart-Richtlinie in Bezug auf persönlich identifizierbare Daten („personenbezogene Daten“) und andere Informationen dar, die in Verbindung mit dem Service erfasst, übertragen oder anderweitig genutzt werden. Anonyme Daten, die während Ihrer Nutzung des Service erfasst werden, sind nicht in den „personenbezogenen Daten“ enthalten.
Ihre Zustimmung
Wenn Sie RiseSmart freiwillig personenbezogene Daten zur Verfügung stellen oder die Services auf andere Weise nutzen, stimmen Sie zu, dass RiseSmart Ihre personenbezogenen Daten und andere Informationen, wie weiter unten in dieser Datenschutzrichtlinie und anderen Hinweisen zusammengefasst, die RiseSmart gelegentlich in Zusammenhang mit dem Service bereitstellt, erfasst, überträgt und nutzt. Sie haben das Recht, diese Zustimmung zu widerrufen und die Löschung der Daten, die Sie RiseSmart zur Verfügung gestellt haben, zu verlangen.
Von Ihnen bereitgestellte personenbezogene Daten
Wenn Sie den Service nutzen, bittet RiseSmart Sie möglicherweise, RiseSmart direkt personenbezogene Daten zur Verfügung zu stellen. RiseSmart kann folgende Daten von Ihnen erhalten:
- Name, aktuelle oder letzte Stellenbezeichnung, Firmenname, Telefonnummern, Anschrift, E-Mail-Adresse und weitere Identifikations- oder Kontaktinformationen;
- Beruflicher Werdegang und sonstige Erfahrung, Ausbildung und Schulungen, weitere Qualifikationen, Beschäftigungsziele, Gehaltsvorstellungen, Interessen und sonstige Informationen zu Karriere oder Biografie;
- Informationen zur Erreichung Ihrer Etappenziele und zum Status in Ihrer beruflichen Entwicklung und Stellensuche und
- Informationen zur Zufriedenheit Ihrer Kunden oder sonstiges Feedback über Ihre berufliche Entwicklung, Ihre Stellensuche und den Service.
Wenn Sie über den Service mit RiseSmart interagieren, kann RiseSmart außerdem andere personenbezogene Daten und Informationen von Ihnen erfassen, wenn Sie diese Informationen freiwillig zur Verfügung stellen, beispielsweise wenn Sie sich bei Fragen an RiseSmart wenden oder an einer Umfrage von RiseSmart teilnehmen.
Sie werden über verschiedene Kanäle in Verbindung mit dem Service aufgefordert, Ihre personenbezogenen Daten anzugeben, unter anderem durch Aktivierung Ihres Kontos für den Service, ob bei der Online-Registrierung oder in Papierform, auf Ihrem Lebenslauf, in Checklisten und Fragebögen, die Sie für RiseSmart ausfüllen, bei Schulungs- und Beratungssitzungen, Diskussionen, in E-Mails und über andere Kanäle. Möglicherweise erfasst der Service auch Ihre IP-Adresse (Internetprotokoll-Adresse).
RiseSmart kann Sie auffordern, für Ihr persönliches Web-Konto, das Sie im Service einrichten, einen eindeutigen Benutzernamen, ein Kennwort sowie eine Erinnerungsfrage festzulegen und diese Anmeldedaten für den Zugriff auf Ihr Konto zu verwenden. Sie erklären sich damit einverstanden, Ihren Benutzernamen, Ihr Kennwort und die Erinnerungsfrage geheim zu halten, und wenn Sie diese Informationen nicht geheim halten, übernehmen Sie die volle Verantwortung für die dadurch bedingte Nutzung, den Diebstahl, die Änderung, den Missbrauch, die Offenlegung oder den sonstigen Verlust in Verbindung mit Ihren personenbezogenen Daten oder sonstigen Informationen.
Sie haben das Recht, den Zugriff auf die Daten zu verlangen, die Sie RiseSmart zur Verfügung stellen. Zugriffsanfragen können an folgende Adresse gestellt werden: user.support@risesmart.com. RiseSmart reagiert innerhalb von 30 Tagen auf diese Zugriffsanfragen.
Personenbezogene Daten, die wir von einem Unternehmenskunden erhalten
Sie erkennen an, dass ein RiseSmart-Unternehmenskunde RiseSmart damit beauftragen kann, (a) die derzeitigen und/oder ehemaligen Mitarbeitern des Unternehmenskunden, deren Beschäftigungsverhältnis mit diesem Unternehmenskunden beendet wurde oder wird, bei der Suche nach einer neuen Stelle durch den Service zu unterstützen („Outplacement-Unterstützung“) oder (b) die derzeitigen Mitarbeiter des Unternehmenskunden bei der beruflichen Entwicklung über den Service zu unterstützen („Unterstützung bei der beruflichen Entwicklung“), (zusammen sind (a) und (b) „Aufträge des Unternehmenskunden“). In Verbindung mit Aufträgen des Unternehmenskunden erhält RiseSmart vom Unternehmenskunden eine Liste mit Personen, die für den Service in Frage kommen. Wenn Sie berechtigt sind, stehen Daten wie Ihr Name, Ihre aktuelle oder letzte Stellenbezeichnung, Ihre Privatanschrift, Telefonnummer, E-Mail-Adresse, Abteilung oder Geschäftsbereich sowie andere personenbezogene Daten möglicherweise auf der Liste des Unternehmenskunden.
RiseSmart verarbeitet Ihre Informationen auf diese Weise für sein berechtigtes Interesse, Ihnen im Auftrag Ihres derzeitigen oder früheren Arbeitgebers Service zur Verfügung zu stellen. RiseSmart verwendet von Unternehmenskunden erhaltene personenbezogene Daten nur zur Kontaktaufnahme mit berechtigten Teilnehmern.
Internationale Übermittlungen von personenbezogenen Daten
Wenn Sie oder der Unternehmenskunde in Verbindung mit dem Service personenbezogene Daten bereitstellen, erkennen Sie an und erklären sich damit einverstanden, dass diese personenbezogenen Daten von Ihrem aktuellen Standort bzw. dem aktuellen Standort des Unternehmenskunden an die Niederlassungen und Server von RiseSmart und der hierin genannten autorisierten Parteien mit Sitz in den Vereinigte Staaten von Amerika oder anderen Ländern übermittelt werden können.
Sonstige Informationen und Verwendung von Cookies
Wenn Sie über den Service mit RiseSmart interagieren, erhält RiseSmart bestimmte nicht personenbezogene Informationen und speichert diese. Diese Informationen, die passiv mithilfe verschiedener Technologien erfasst werden, können derzeit nicht dazu verwendet werden, Sie persönlich zu identifizieren. Darüber hinaus kann der Service im Rahmen seiner Funktionalität andere nicht personenbezogene Informationen erfassen (z. B. durch Erfassung von Antworten in Fragebögen, die keine personenbezogenen Informationen enthalten). RiseSmart kann diese Informationen selbst speichern, oder sie können in Datenbanken enthalten sein, die Erfüllungsgehilfen oder Dienstanbietern von RiseSmart gehören oder von diesen verwaltet werden. Der Service kann diese Informationen nutzen und mit anderen Informationen kombinieren, um beispielsweise die Gesamtzahl der Besucher der Website oder des Service, die Anzahl der Besucher einzelner Seiten der Website oder des Service oder die Domänennamen der Internetdienstanbieter der RiseSmart-Besucher zu verfolgen. Wir weisen ausdrücklich darauf hin, dass personenbezogene Daten nur dann verfügbar sind oder verwendet werden, wenn Sie oder ein Unternehmenskunde sie freiwillig zur Verfügung stellen, wie oben dargelegt.
Beim Betrieb des Service kann RiseSmart eine Technologie namens „Cookies“ einsetzen. Bei einem Cookie handelt es sich um eine Information, die der den Service hostende Computer an Ihren Browser sendet, wenn Sie auf den Service zugreifen. Die Cookies von RiseSmart stellen zusätzliche Funktionen für den Service bereit und ermöglichen RiseSmart eine genauere Analyse der Servicenutzung. Beispiel: Der Service richtet einen Cookie in Ihrem Browser ein, mit dem Sie auf den Service zugreifen können, ohne dass Sie während der Nutzung des Service Ihr Kennwort mehrmals eingeben müssen. Bei jeder Verwendung von Cookies durch RiseSmart werden personenbezogene Daten nur mit Ihrer Genehmigung von RiseSmart erfasst.
RiseSmart ist berechtigt, Cookies oder ähnliche Technologien zur Erfassung von Informationen zu Ihren Browser-Aktivitäten im Laufe der Zeit und auf verschiedenen Websites nach Ihrer Nutzung des Service einzusetzen (und kann externen Dienstanbietern dies erlauben). Derzeit reagiert unser Service nicht auf „Do Not Track“-Signale (DNT) und funktioniert unabhängig davon, ob er ein DNT-Signal erhält, wie in dieser Datenschutzrichtlinie beschrieben. Sollte RiseSmart in Zukunft auf diese Signale reagieren, wird diese Datenschutzrichtlinie eine Beschreibung enthalten, wie RiseSmart dabei vorgeht.
Austausch von Informationen mit Unternehmenskunden
Wenn Sie den Service im Rahmen eines Auftrags eines Unternehmenskunden für Outplacement-Unterstützung nutzen, kann RiseSmart dem Unternehmenskunden Statusberichte und andere Informationen zur Verfügung stellen, die Sie möglicherweise identifizieren und Aufschluss über den Status sowie den Umfang Ihrer Nutzung des Service, Ihren Etappenzielfortschritt sowie den Status Ihrer beruflichen Entwicklung, Ihre Kundenzufriedenheit oder sonstiges Feedback im Zusammenhang mit dem Service geben können, jeweils einzeln oder in zusammengefasster Form (zusammen „Daten zum Outplacement-Fortschritt“). Von Zeit zu Zeit kann RiseSmart Ihnen Hilfsmittel zur Verfügung stellen, mit denen Sie anpassen können, welche Daten zum Outplacement-Fortschritt RiseSmart an den Unternehmenskunden weitergeben darf. Wenn Sie den Service im Rahmen eines Auftrags eines Unternehmenskunden für Unterstützung bei der beruflichen Entwicklung nutzen, kann RiseSmart dem Unternehmenskunden Statusberichte und andere Informationen zur Verfügung stellen, die Sie möglicherweise identifizieren und Aufschluss über den Status sowie den Umfang Ihrer Nutzung des Service, Ihren Etappenzielfortschritt sowie den Status Ihrer Stellensuche, Ihre Kundenzufriedenheit oder sonstiges Feedback im Zusammenhang mit dem Service geben können, jeweils einzeln oder in zusammengefasster Form (zusammen „Daten zum Fortschritt der beruflichen Entwicklung“). Von Zeit zu Zeit kann RiseSmart Ihnen Hilfsmittel zur Verfügung stellen, mit denen Sie anpassen können, welche Daten zum Fortschritt der beruflichen Entwicklung RiseSmart an den Unternehmenskunden weitergeben darf. Falls Sie Fragen oder Bedenken hinsichtlich der Daten zum Outplacement-Fortschritt bzw. der Daten zum Fortschritt der beruflichen Entwicklung haben, die RiseSmart an den Unternehmenskunden weitergeben darf, kontaktieren Sie user.support@risesmart.com (siehe Kontaktdaten unten).
Sonstige Verwendungszwecke und Weitergabe Ihrer Informationen
Im Rahmen des Service ist RiseSmart berechtigt, Ihre personenbezogenen Daten und sonstige Informationen zur Bereitstellung des Service an Sie zu erfassen, zu übermitteln und zu verwenden, unter anderem um festzustellen, welche Unterstützung Sie konkret von dem Service wünschen und, sofern Sie ein Stellensuchender sind, um Ihnen Job Leads, Schulungen für die Stellensuche, Unterstützung beim Schreiben Ihres Lebenslaufs und/oder sonstige Unterstützung zukommen zu lassen. RiseSmart ist außerdem berechtigt, Ihre personenbezogenen Daten und sonstige Informationen zu verwenden, (a) um Sie zu identifizieren und zu authentifizieren, z. B. für Ihren Zugriff auf Ihr Service-Konto und Ihre Kommunikation mit RiseSmart-Mitarbeitern, oder (b) um die Service-Aktivität für Ihr Konto intern zu eskalieren oder anzupassen, einen internen Bericht über die Service-Leistung für das RiseSmart-Management zu erstellen, interne Schulungen durchzuführen oder für anderweitige geschäftliche Aktivitäten von RiseSmart.
Wenn Sie personenbezogen Daten oder sonstige Informationen aus einem bestimmten Grund zur Verfügung stellen, ist RiseSmart zudem berechtigt, die personenbezogenen Daten oder sonstigen Informationen in Verbindung mit dem Grund zu nutzen, für den sie zur Verfügung gestellt wurden. Sollten Sie beispielsweise RiseSmart per E-Mail kontaktieren, verwendet RiseSmart die personenbezogenen Daten, die Sie angeben, um Ihre Frage zu beantworten oder Ihr Problem zu lösen.
RiseSmart kann darüber hinaus Ihre personenbezogenen Daten und sonstige Informationen, die über den Service erfasst wurden, wie folgt verwenden und weitergeben:
- RiseSmart kann Ihre personenbezogenen Daten und sonstige Informationen zur Verbesserung des Inhalts und der Funktionen des Service, zur besseren Einschätzung der RiseSmart-Benutzer sowie zur Optimierung des Service verwenden.
- Im Rahmen seiner geschäftlichen Entwicklung kann RiseSmart Geschäftsbereiche oder Vermögenswerte verkaufen oder erwerben. Im Falle eines Unternehmensverkaufs, einer Fusion, Umstrukturierung, Auflösung oder eines ähnlichen Ereignisses sind personenbezogene Daten und sonstige Informationen möglicherweise Bestandteil der übertragenen Vermögenswerte.
- RiseSmart ist berechtigt, Ihre personenbezogenen Daten und sonstige Informationen für Zwecke, die dieser Datenschutzrichtlinie entsprechen, an verbundene Unternehmen von RiseSmart weiterzugeben.
- Wie viele Unternehmen beauftragt RiseSmart bisweilen andere Firmen damit, bestimmte geschäftsbezogene Funktionen wahrzunehmen, darunter Analysen. Wenn RiseSmart eine andere Firma damit beauftragt, eine Funktion in ihrem Namen wahrzunehmen, stellt RiseSmart dieser Firma ggf. Ihre personenbezogenen Daten und sonstige Informationen zur Verfügung, soweit dies für die jeweilige Funktion notwendig oder nützlich ist. Zu diesen Dienstanbietern gehören Unternehmen, die unsere Server hosten, Tools für unsere Kundenadministration sowie zur Kommunikation bereitstellen und Dienstleistungen zur Erkennung und Verhinderung von Betrug erbringen.
- RiseSmart ist berechtigt, Ihre personenbezogenen Daten und sonstige Informationen offenzulegen, wenn dies gesetzlich erforderlich ist oder wenn RiseSmart in gutem Glauben davon überzeugt ist, dass dies notwendig ist, um (i) eine rechtliche Verpflichtung zu erfüllen, (ii) die Eigentumsrechte von RiseSmart zu schützen und zu verteidigen, (iii) unter dringenden Umständen zum Schutz der persönlichen Sicherheit der Benutzer des Service oder der Öffentlichkeit tätig zu werden oder (iv) RiseSmart vor gesetzlicher Haftung zu schützen.
Zusammengefasste personenbezogene Daten
Wir bemühen uns kontinuierlich, die Benutzer des Service besser einzuschätzen und ihnen bessere Dienste zu leisten. Aus diesem Grund führt RiseSmart häufig Studien zur demografischen Zusammensetzung der Benutzer, zu deren Interessen, Ergebnissen und Verhaltensweisen anhand der personenbezogenen Daten und sonstigen Informationen durch, die RiseSmart zur Verfügung gestellt wurden. Diese Studienergebnisse sowie andere Kennzahlen oder Analysen des Benutzerverhaltens, der Ergebnisse oder Bewertungen können zusammengestellt und in zusammengefasster Form analysiert werden, und RiseSmart kann diese zusammengefassten Daten an seine verbundenen Unternehmen, Erfüllungsgehilfen und Geschäftspartner weitergeben. Mit diesen zusammengefassten Informationen können Sie nicht persönlich identifiziert werden. RiseSmart ist außerdem berechtigt, zusammengefasste Benutzerstatistiken offenzulegen, um die Services von RiseSmart aktuellen und potenziellen Geschäftspartnern zu beschreiben, sowie gegenüber anderen Dritten für andere rechtmäßige Zwecke.
Verwaltung der Informationen
RiseSmart kann Ihre personenbezogenen Daten oder sonstige Informationen in digitaler Form erhalten oder eingeben. RiseSmart ist berechtigt, alle personenbezogenen Daten und sonstige Informationen von Ihnen oder über Sie in einem einzelnen vertraulichen Datenbankeintrag zusammenzufassen und diesen auf Servern zu speichern, die in den Vereinigte Staaten von Amerika oder anderen Ländern gehostet werden. Sie haben das Recht sicherzustellen, dass die personenbezogenen Daten, die RiseSmart über Sie besitzt, korrekt sind. Zu diesem Zweck kann RiseSmart Sie auffordern und von Ihnen verlangen, dass Sie eine Zusammenfassung Ihrer personenbezogenen Daten und sonstigen Informationen in Ihrem Konto prüfen und deren Richtigkeit bestätigen bzw. sie korrigieren.
Die Mitarbeiter von RiseSmart können von jeder Niederlassung, jedem Arbeitsort und von unterwegs online auf Ihr Konto zugreifen, Anforderungen und zu ergreifende Maßnahmen ermitteln und, sofern Sie Stellensuchender sind, Job Leads an Ihr Konto senden.
RiseSmart ergreift angemessene Maßnahmen zum Schutz der über den Service bereitgestellten personenbezogenen Daten und sonstigen Informationen vor Verlust, Missbrauch und dem Zugriff, der Offenlegung, Änderung oder Vernichtung durch Unbefugte. Allerdings kann die absolute Sicherheit oder Fehlerfreiheit bei keiner Datenübertragung über das Internet oder per E-Mail garantiert werden. Insbesondere sind E-Mail- oder andere Übermittlungen, die an oder von dem Service gesendet werden, möglicherweise nicht sicher. Daher sollten Sie sich genau überlegen, welche Informationen Sie per E-Mail oder mit einem anderen Übermittlungsverfahren an RiseSmart senden.
Links zu anderen Websites
Diese Datenschutzrichtlinie gilt nur für den Service. Der Service kann Links zu anderen Websites enthalten, die nicht von RiseSmart betrieben oder kontrolliert werden (die „Websites Dritter“). Die in dieser Datenschutzrichtlinie beschriebenen Richtlinien und Verfahren gelten nicht für die Websites Dritter. Die Links aus dem Service implizieren nicht, dass RiseSmart die Websites Dritter unterstützt oder geprüft hat. RiseSmart empfiehlt, sich direkt mit den Betreibern dieser Websites in Verbindung zu setzen, um Informationen zu deren Datenschutzrichtlinien zu erhalten.
Öffentliche Informationen
Wenn Sie RiseSmart über den Service oder auf anderem Wege unverlangt personenbezogene Daten zur Verfügung gestellt haben, beispielsweise durch Posten von Informationen in öffentlichen Bereichen des Service, gelten diese unverlangt bereitgestellten Informationen als nicht vertraulich. Es steht RiseSmart frei, diese unverlangt bereitgestellten Informationen ohne Einschränkung oder Zuordnung zu reproduzieren, zu verwenden, offenzulegen und an andere zu verbreiten. Auf Informationen, die in einem öffentlichen Bereich gepostet wurden, kann jeder zugreifen, der Zugriff auf die Website hat, und diese außerdem speichern.
Kinder
RiseSmart ist nicht für Kinder unter 13 Jahren vorgesehen, und RiseSmart erfasst wissentlich keine Informationen von diesen.
Änderungen an dieser Datenschutzrichtlinie
Der Service und die Geschäfte von RiseSmart können sich gelegentlich ändern. Daher ist es bisweilen notwendig, dass RiseSmart Änderungen an dieser Datenschutzrichtlinie vornimmt. RiseSmart behält sich das Recht vor, diese Datenschutzrichtlinie jederzeit und gelegentlich ohne Vorankündigung zu aktualisieren oder zu ändern. Bitte lesen Sie sich diese Richtlinie regelmäßig und insbesondere vor der Bereitstellung personenbezogener Daten durch. Diese Datenschutzrichtlinie wurde zuletzt am unten angegebenen Datum geändert. Wenn Sie den Service im Anschluss an Änderungen oder Überarbeitungen an dieser Datenschutzrichtlinie weiterhin nutzen, stimmen Sie damit den Bedingungen der überarbeiteten Datenschutzrichtlinie zu.
Kontaktaufnahme mit RiseSmart
Wenden Sie sich unter der unten genannten Adresse an RiseSmart, damit Ihre personenbezogenen Daten stets korrekt, aktuell und vollständig sind. RiseSmart ergreift angemessene Maßnahmen, um die personenbezogenen Daten in unserem Besitz, die Sie uns zuvor über den Service zur Verfügung gestellt haben, zu aktualisieren oder zu korrigieren.
Bei Problemen oder Fragen im Zusammenhang mit dieser Datenschutzrichtlinie oder zugehörigen Datenschutzangelegenheiten können Sie sich unter der folgenden Adresse an den Datenschutzbeauftragten von RiseSmart wenden:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113, USA
E-Mail-Adresse: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113, USA
E-Mail-Adresse: user.support@risesmart.com
Benutzer im Europäischen Wirtschaftsraum (EWR) und in der Schweiz haben das Recht, bei der in ihrem Land zuständigen Datenschutzbehörde eine Beschwerde einzureichen.
Gültig ab dem 18. Januar 2019
ALLGEMEINE GESCHÄFTSBEDINGUNGEN
Effective May 7th 2019
DownloadTable of Contents
ALLGEMEINE GESCHÄFTSBEDINGUNGEN
1. Annahme der Bedingungen.
1.1 RiseSmart, Inc. und seine Tochtergesellschaften (zusammen „RiseSmart“) erbringen ihre Services (wie unten definiert) für Sie über Websites, die der Kontrolle von RiseSmart unterliegen (darunter die Website unter der Adresse http://www.RiseSmart.com) (zusammen die „Website“), gemäß diesen Servicebedingungen. Durch Annahme dieser Servicebedingungen oder durch Aufruf oder Verwendung des Services oder der Website bestätigen Sie, dass Sie diese Servicebedingungen gelesen und verstanden haben und daran gebunden sind. Wenn Sie mit diesen Servicebedingungen nicht einverstanden sind, dürfen Sie diese Servicebedingungen nicht annehmen und können die Website nicht verwenden.
1.2 RiseSmart kann diese Servicebedingungen jederzeit ohne vorherige Ankündigung ändern. Die geänderten allgemeinen Geschäftsbedingungen treten in Kraft, sobald sie veröffentlicht werden. Wenn Sie den Service nach diesem Datum verwenden, stellt Ihre Verwendung die Annahme der geänderten Bedingungen dar. Wenn bestimmte Änderungen an diesen Servicebedingungen für Sie nicht akzeptabel sind, besteht Ihre einzige Abhilfemaßnahme darin, den Service nicht mehr aufzurufen oder zu verwenden.
2. Servicebeschreibung.
Der Begriff „Service“ umfasst
(a) die Website,
(b) die Outplacement- und Karrieremanagementservices von RiseSmart und weitere zugehörige Services (darunter Dateiverwaltungs- und Analyseservices) sowie zugehörige Technologien und Anwendungen (darunter Anwendungen und Services, die über mobile oder andere Schnittstellen aufgerufen werden, über die ein Zugriff auf solche Anwendungen und Services möglich ist) und
(c) jegliche Software (darunter die unten definierte Software), Materialien, Portale, Empfehlungen, Stellenanzeigen, Daten, Berichte, Texte, Bilder, Sounds, Videos, Analysen und sonstige Inhalte, die über eines der vorstehenden Medien zugänglich gemacht werden (zusammen „Inhalte“). Jegliche neue Funktionen, die zum Service hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls diesen Servicebedingungen.
3. Allgemeine Bedingungen/Aufruf und Nutzung des Service.
3.1 Gemäß den allgemeinen Geschäftsbedingungen dieser Servicebedingungen dürfen Sie den Service nur zu rechtmäßigen Zwecken aufrufen und nutzen. Alle Rechte, Titel und Interessen an und bezüglich des Service und seiner Komponenten verbleiben exklusiv bei RiseSmart. Es ist Ihnen untersagt (und Sie dürfen keinem Dritten gestatten),
(a) den Service zu kopieren, zu reproduzieren, zu modifizieren, zu löschen, zu verteilen, herunterzuladen, zu speichern, zu übertragen, zu veröffentlichen, davon abgeleitete Werke zu erstellen, zurückzuentwickeln, zu zerlegen oder auf sonstige Weise zu versuchen, direkt oder indirekt den Quellcode zu entschlüsseln, zu verkaufen, unterzulizenzieren, wiederzuverkaufen, zu vermieten, zu verleasen, zu übertragen, abzutreten oder zeitweise freizugeben oder auf andere Weise kommerziell zu verwerten oder für Dritte zur Verfügung zu stellen,
(b) den Service auf unrechtmäßige Weise (darunter unter Verstoß gegen Daten-, Datenschutz- oder Ausfuhrkontrollgesetze) oder in jeglicher Weise zu nutzen, die die Integrität oder Leistung des Service oder seiner Komponenten beeinträchtigt oder stört,
(c) durch Modifizierung, Anpassung oder Hacking oder auf andere Weise zu versuchen, unbefugten Zugriff auf den Service und zugehörige Systeme oder Netzwerke zu erlangen und
(d) die Inhalte auf anderen Websites oder Medien (z. B. in einer Netzwerkumgebung) zu verwenden. Sie halten jeglichen Verhaltenskodex, Richtlinien und andere von RiseSmart bereitgestellte oder in Verbindung mit dem Service veröffentlichte Hinweise ein und informieren RiseSmart umgehend, falls Sie Kenntnis von einem Sicherheitsverstoß in Bezug auf den Service erlangen. Darüber hinaus unterliegen Sie bei der Nutzung bestimmter Services zusätzlichen Bedingungen für diese Services, die gelegentlich im Service veröffentlicht werden, darunter die RiseSmart-Datenschutzrichtlinie.
3.2 Jegliche Software, die von RiseSmart in Zusammenhang mit dem Service zur Verfügung gestellt wird („Software“), enthält unternehmenseigene und vertrauliche Informationen, die durch entsprechende geistige Eigentumsrechte und andere Gesetze geschützt sind. Gemäß den allgemeinen Geschäftsbedingungen in diesen Servicebedingungen gewährt RiseSmart Ihnen hiermit das persönliche, nicht übertragbare, nicht unterlizenzierbare und nicht exklusive Recht und die Lizenz, den Objektcode jeglicher Software auf einem einzigen Gerät und nur in Zusammenhang mit dem Service zu verwenden. Sie erklären sich damit einverstanden, den Service nicht über andere Schnittstellen als die von RiseSmart für den Zugriff auf den Service bereitgestellte aufzurufen. Alle Rechte, die hierin nicht ausdrücklich gewährt werden, sind vorbehalten und Ihnen werden keine Lizenzen oder Rechte zur Verwendung einer Handelsmarke von RiseSmart oder einem Drittanbieter in Verbindung mit dem Service gewährt.
3.3 Sie allein sind für Daten, Informationen, Feedback, Vorschläge, Text, Inhalte und sonstige Materialien verantwortlich, die Sie in Verbindung mit oder in Bezug auf den Service hochladen, veröffentlichen, einsenden, bereitstellen oder anderweitig übertragen oder speichern (im Folgenden als „übertragen/Übertragung“ bezeichnet) („Ihre Inhalte“). Hiermit erklären und garantieren Sie, dass Ihre Inhalte, die Sie in Hinblick auf den Service übertragen,
(a) korrekt, wahr, legal, angemessen, ehrlich und vollständig sind (darunter in Hinblick auf Lebenslauf, biografische Daten und Informationen zur Anstellung, sofern Sie den Service für die Suche nach Stellen oder beruflicher Entwicklung nutzen) und
(b) frei von Programmfehlern, Würmern und Viren sind. Sie erklären sich damit einverstanden, dass RiseSmart Ihre Inhalte aus dem Service entfernen darf, wenn Grund zu der Annahme besteht, dass Sie gegen das Vorstehende oder sonstige Bedingungen dieser Servicebedingungen verstoßen. Sie tragen die Verantwortung für den Schutz Ihrer Anmeldedaten, Ihres Kennworts und Ihres Kontos sowie für alle Aktivitäten, die mit Ihren Anmeldedaten oder Ihrem Konto vorgenommen werden. RiseSmart behält sich das Recht vor, auf Ihr Konto zuzugreifen, um technische Supportanfragen Ihrerseits zu bearbeiten. Durch die Übertragung Ihrer Inhalte im oder über den Service gewähren Sie RiseSmart hiermit eine weltweite, nicht exklusive, unbefristete, unwiderrufliche, lizenzfreie, voll bezahlte, unterlizenzierbare und übertragbare Lizenz, Ihre Inhalte in Verbindung mit dem Service zu nutzen, zu modifizieren, zu reproduzieren, zu verteilen, anzuzeigen, zu veröffentlichen und auszuführen. RiseSmart hat das Recht, jedoch nicht die Pflicht, den Service, die Inhalte oder Ihre Inhalte zu prüfen oder zu überwachen. Darüber hinaus stimmen Sie zu, dass RiseSmart jegliche Inhalte jederzeit und aus beliebigem Grund (darunter nach Erhalt von Forderungen oder Anschuldigungen von Dritten oder Behörden bezüglich solcher Inhalte) oder gänzlich ohne Grund entfernen oder deaktivieren darf.
3.4 Sie erkennen an, dass der Betrieb des Service, einschließlich Ihrer Inhalte, unverschlüsselt erfolgen und
(a) Übertragungen über verschiedene Netzwerke,
(b) Änderungen zur Konformität und Anpassung an technische Anforderungen zur Verbindung von Netzwerken oder Geräten,
(c) die Übertragung an Drittanbieter und Hostingpartner von RiseSmart zur Bereitstellung der notwendigen Hardware, Software, Networking-Funktionen, Speicherung und zugehöriger Technologie für Betrieb und Wartung des Service und (d) die Übertragung an andere Dritte in Verbindung mit der Bereitstellung des Service für Sie involvieren kann. Dementsprechend erkennen Sie an, dass Sie allein die Verantwortung für die adäquate Sicherheit, den Schutz und die Datensicherung Ihrer Inhalte tragen. RiseSmart übernimmt Ihnen gegenüber keine Haftung für den unbefugten Zugriff auf oder die Nutzung Ihrer Inhalte oder jegliche Beschädigung, Löschung, Vernichtung oder den Verlust Ihrer Inhalte.
3.5 Wenn Sie auf der Suche nach einer Stelle oder beruflichen Entwicklung sind, stimmen Sie außerdem zu, beim Umgang mit Stellenangeboten und anderen Informationen, die über den Service bereitgestellt oder abgerufen werden, Ihr eigenes Urteilsvermögen, angemessene Vorsicht und gesunden Menschenverstand walten zu lassen, und erklären sich damit einverstanden, dass Sie das alleinige Risiko für ein Vertrauen auf oder die Nutzung jeglicher Inhalte (darunter Stellenanzeigen oder Karrieretipps oder -empfehlungen), die über den Service bereitgestellt werden, tragen.
3.6 Ein Versäumnis von RiseSmart, ein Recht oder eine Bestimmung dieser Servicebedingungen auszuüben oder durchzusetzen, stellt keinen Verzicht auf dieses Recht dar. Sie erkennen an, dass diese Servicebedingungen einen Vertrag zwischen Ihnen und RiseSmart darstellen, selbst wenn sie in elektronischer Form vorliegen und nicht physisch von Ihnen und RiseSmart unterzeichnet wurden, und dass sie Ihre Nutzung des Service bestimmen und alle früheren, ähnlichen Vereinbarungen zwischen Ihnen und RiseSmart außer Kraft setzen.
3.7 Sie erkennen an, dass ein RiseSmart-Unternehmenskunde RiseSmart damit beauftragen kann,
(a) die derzeitigen und/oder ehemaligen Mitarbeiter des Unternehmenskunden, deren Beschäftigungsverhältnis mit diesem Unternehmenskunden beendet wurde oder wird, bei der Suche nach einer neuen Stelle durch den Service zu unterstützen („Outplacement-Unterstützung“), oder
(b) die derzeitigen Mitarbeiter des Unternehmenskunden bei der beruflichen Entwicklung über den Service zu unterstützen („Unterstützung bei der beruflichen Entwicklung“), (zusammen sind (a) und (b) „Aufträge des Unternehmenskunden“). Wenn Sie den Service im Rahmen eines Auftrags eines Unternehmenskunden für
Outplacement-Unterstützung nutzen, kann RiseSmart dem Unternehmenskunden Statusberichte und andere Informationen zur Verfügung stellen, die Sie möglicherweise identifizieren und Aufschluss über den Status sowie den Umfang Ihrer Nutzung des Service, Ihren Fortschritt bei der Erreichung von Etappenzielen sowie den Status Ihrer Stellensuche, Ihre Kundenzufriedenheit oder sonstiges Feedback im Zusammenhang mit dem Service geben können, jeweils einzeln oder in zusammengefasster Form. Wenn Sie den Service im Rahmen eines Auftrags eines Unternehmenskunden für Unterstützung bei der beruflichen Entwicklung nutzen, kann RiseSmart dem Unternehmenskunden Statusberichte und andere Informationen zur Verfügung stellen, die Sie möglicherweise identifizieren und Aufschluss über den Status sowie den Umfang Ihrer Nutzung des Service, Ihren Fortschritt bei der Erreichung von Etappenzielen sowie den Status Ihrer Stellensuche oder beruflichen Entwicklung, Ihre Kundenzufriedenheit oder sonstiges Feedback im Zusammenhang mit dem Service geben können, jeweils einzeln oder in zusammengefasster Form. Weitere Informationen zur Erfassung, Nutzung und Weitergabe von Informationen, die Sie und Unternehmenskunden in Verbindung mit Aufträgen von Unternehmenskunden bereitgestellt haben, durch RiseSmart, finden Sie in der RiseSmart-Datenschutzrichtlinie.
3.8 Wenn Sie den Service gemäß eines Auftrags eines Unternehmenskunden nutzen, erkennen Sie an, dass der Service, der Ihnen zur Verfügung gestellt wird, keinesfalls den Umfang, die Dauer oder sonstige Beschränkungen des Auftrags eines Unternehmenskunden, aufgrund dessen Ihnen Zugriff auf den Service gewährt wird, überschreiten wird.
3.9 Sie erklären sich damit einverstanden, dass RiseSmart
(a) allgemeine Praktiken und Beschränkungen bezüglich der Nutzung des Service auferlegen kann, darunter die maximale Dauer, für die Inhalte oder Ihre Inhalte durch den Service aufbewahrt werden, und die maximale Speicherkapazität, die Ihnen zugeteilt wird,
(b) keine Verantwortung oder Haftung für die Löschung oder fehlgeschlagene Speicherung von Inhalten oder Ihren Inhalten übernimmt, die vom Service aufbewahrt oder in den Service hochgeladen werden, und
(c) Inhalte und Ihre Inhalte aufbewahren kann und außerdem Inhalte und Ihre Inhalte offenlegen kann, sofern dies gesetzlich erforderlich ist oder im guten Glauben erfolgt, dass eine solche Aufbewahrung oder Offenlegung vernünftigerweise notwendig ist, um:
(i) rechtlichen Verfahren, geltenden Gesetzen oder Regierungsanfragen nachzukommen,
(ii) diese Servicebedingungen durchzusetzen,
(iii) auf Anschuldigungen zu reagieren, dass jegliche Inhalte oder Ihre Inhalte gegen die Rechte Dritter verstoßen, oder
(iv) die Rechte, das Eigentum oder die persönliche Sicherheit von RiseSmart, seinen Nutzern und der Öffentlichkeit zu schützen. Darüber hinaus stimmen Sie zu, dass RiseSmart jegliche Inhalte oder Ihre Inhalte jederzeit und aus beliebigem Grund (darunter nach Erhalt von Forderungen oder Anschuldigungen von Dritten oder Behörden bezüglich solcher Inhalte oder Ihrer Inhalte) oder gänzlich ohne Grund entfernen oder deaktivieren darf.
4. Zahlung.
Sofern der Service oder ein Teil davon gegen eine Gebühr bereitgestellt wird (und nicht anderweitig von einem RiseSmart-Unternehmenskunden bezahlt wird), müssen Sie einen Zahlungsplan wählen und RiseSmart Kreditkartendaten oder ein sonstiges Zahlungsmittel zur Verfügung stellen. Sie erklären und garantieren gegenüber RiseSmart, dass diese Angaben wahr und Sie dazu befugt sind, das Zahlungsmittel zu verwenden. Sie aktualisieren Ihre Kontodaten umgehend bei Änderungen (beispielsweise einer Änderung Ihrer Rechnungsadresse oder des Ablaufdatums der Kreditkarte). Sie stimmen zu, RiseSmart den im Zahlungsplan angegebenen Betrag gemäß den Bestimmungen dieses Plans und dieser Servicebedingungen zu zahlen. Hiermit autorisieren Sie RiseSmart, Ihr Zahlungsmittel gemäß den Bestimmungen des geltenden Zahlungsplans regelmäßig im Voraus zu belasten, bis Sie Ihr Konto kündigen, und Sie stimmen weiterhin zu, aufgelaufene Gebühren zu begleichen. Wenn Sie Gebühren widersprechen, müssen Sie RiseSmart dies innerhalb von sechzig (60) Tagen nach Rechnungsdatum von RiseSmart mitteilen. RiseSmart behält sich das Recht vor, die Preise von RiseSmart jederzeit zu ändern. Sollte RiseSmart seine Preise ändern, weist RiseSmart Sie im eigenen Ermessen mindestens 30 Tage vor Inkrafttreten der Änderung durch eine Mitteilung auf der Website oder per E-Mail an Sie auf diese Änderung hin. Sollten Sie Ihre Nutzung des Service fortsetzen, nachdem die Preisänderung in Kraft getreten ist, stellt dies Ihre Zustimmung zur Zahlung des neuen Betrags dar. Sollten Sie den Service gemäß einem Auftrag eines Unternehmenskunden nutzen, wird diesem Unternehmenskunden das Servicepaket in Rechnung gestellt, das RiseSmart Ihnen in dessen Auftrag bereitstellt.
5. Erklärungen und Garantieren.
Im Zusammenhang mit Ihrer Nutzung erklären Sie sich damit einverstanden, dass Sie KEINESFALLS: gegen örtliche, landes- oder bundesweit geltende Regeln, Vorschriften und Gesetze jeglicher Gerichtsbarkeit verstoßen, darunter US-amerikanische Exportgesetze und -vorschriften, Gesetze gegen Diskriminierung oder für Chancengleichheit auf dem Arbeitsmarkt; gegen geistige Eigentumsrechte und Datenschutzrechte Dritter verstoßen, darunter Patent-, Urheber- und Markenrechte sowie Handelsgeheimnisse; Inhalte hochladen, veröffentlichen, übertragen oder speichern, die illegal, beleidigend, diffamierend, betrügerisch, täuschend, irreführend, schädlich, bedrohend, belästigend, anrüchig oder anstößig sind, die gegen jegliche vertragliche oder Vertraulichkeitsverpflichtungen verstoßen, die den normalen Betrieb des Service stören oder unterbrechen, beispielsweise die Veröffentlichung oder Übertragung von Viren, Würmern, Skripten, Makros oder jeglichem Schadcode, die kontinuierliche Veröffentlichung von sich wiederholenden Inhalten oder die Veröffentlichung von ungewöhnlich großen Datenmengen, oder die nicht von RiseSmart gestattet sind, darunter unzulässige Werbematerialien, unerwünschte Werbematerialien, „Junk-Mails“, „Spam-Mails“, „Kettenbriefe“, Schneeballsysteme, Franchise, Vertrieb, Clubmitgliedschaften, Vertriebsvereinbarungen oder sonstige nicht akzeptable Materialien; gegen die Datenschutzrechte oder Persönlichkeitsrechte anderer verstoßen, indem Sie den Service missbrauchen, darunter Belästigung oder Stalking anderer Personen, Versenden unerwünschter E-Mails und Erfassen der personenbezogenen Daten anderer; Sicherheitssysteme des Service umgehen oder versuchen zu umgehen; Geräte, Vorgehensweisen oder Mechanismen einsetzen, um den Service ohne die vorherige schriftliche Zustimmung von RiseSmart zu überwachen, abzurufen, zu durchsuchen oder aufzurufen, z. B. Spider- oder Robot-Programme; auf Konten oder Anmeldeinformationen im Service genannter Dritter zugreifen oder versuchen zuzugreifen; ungenaue, falsche oder unvollständige Informationen veröffentlichen oder übermitteln, beispielsweise Lebenslauf, biografische Daten oder Informationen zur Anstellung; sich als eine andere Person oder ein Unternehmen ausgeben; Header-Informationen in elektronischen Beiträgen oder E-Mails fälschen; oder sich selbst, Ihre Verbindung zu einem Dritten oder Ihr Unternehmen falsch darstellen.
6. Kündigung.
Sie haben das Recht, Ihr Konto jederzeit gemäß der Vorgehensweise, die auf der Website dargelegt ist oder Ihnen separat zur Verfügung gestellt wurde (sofern zutreffend), zu kündigen. Wenn Sie den Service gemäß eines Auftrags eines Unternehmenskunden nutzen, erkennen Sie an, dass Ihr Zugriff auf den Service abläuft, sobald der Auftrag des Unternehmenskunden abläuft oder gekündigt wird. RiseSmart behält sich das Recht vor, den Service (oder Teile davon) vorübergehend oder dauerhaft zu modifizieren oder einzustellen und
(ii) jegliche aktuelle und künftige Nutzung des Service abzulehnen, Ihr Konto (oder Teile davon) oder Ihre Nutzung des Service auszusetzen oder zu kündigen und Ihre Inhalte im Service zu entfernen und zu verwerfen, und zwar aus beliebigem Grund, unter anderem, wenn RiseSmart der Meinung ist, dass Sie gegen diese Servicebedingungen verstoßen haben. RiseSmart übernimmt keine Haftung gegenüber Ihnen oder Dritten für Modifizierungen, Aussetzung oder Einstellung des Service. RiseSmart bemüht sich nach Treu und Glauben um eine Kontaktaufnahme mit Ihnen, um Sie vor einer solchen Aussetzung oder Kündigung Ihres Kontos durch RiseSmart zu informieren. All Ihre Inhalte im Service (sofern vorhanden) können von RiseSmart nach eigenem Ermessen bei Kündigung Ihres Kontos dauerhaft gelöscht werden. Wenn RiseSmart Ihr Konto ohne Grund kündigt und Sie sich, sofern zutreffend, für einen kostenpflichtigen
Service angemeldet haben (exklusiv bei einem Auftrag eines Unternehmenskunden), erstattet RiseSmart Ihnen den nicht fällig gewordenen Betrag, den Sie bereits im Voraus an RiseSmart gezahlt haben, anteilig. Alle entstandenen Rechte auf Zahlung und die Bedingungen in Abschnitt 4–12 haben jedoch auch nach Kündigung dieser Servicebedingungen weiterhin Gültigkeit.
7. HAFTUNGSAUSSCHLUSS.
DER SERVICE, DARUNTER DIE WEBSITE (EINSCHLIESSLICH STELLENANZEIGEN UND BERUFLICHER ENTWICKLUNGSMÖGLICHKEITEN, EMPFEHLUNGEN UND ANALYSEN) UND ALLE SERVER- UND NETZWERKKOMPONENTEN, WERDEN „WIE VORLIEGEND“ UND „WIE VERFÜGBAR“ UND OHNE JEDWEDE GARANTIEN ZUR VERFÜGUNG GESTELLT UND RISESMART SCHLIESST JEGLICHE AUSDRÜCKLICHEN ODER STILLSCHWEIGENDEN GARANTIEN AUS, DARUNTER DIE STILLSCHWEIGENDE GARANTIE DER MARKTGÄNGIGKEIT, MANGELFREIHEIT, EIGNUNG FÜR EINEN BESTIMMTEN ZWECK UND NICHTVERLETZUNG. SIE ERKENNEN AN, DASS RISESMART KEINERLEI GARANTIE GEWÄHRT, DASS DER SERVICE UNTERBRECHUNGSFREI, ZEITGERECHT, SICHER, FEHLERFREI ODER VIRENFREI LÄUFT, UND KEINE INFORMATIONEN, RATSCHLÄGE ODER SERVICES, DIE SIE VON RISESMART ODER ÜBER DEN SERVICE BEZIEHEN, STELLEN EINE GARANTIE DAR, DIE IN DIESEN SERVICEBEDINGUNGEN NICHT AUSDRÜCKLICH ANGEGEBEN IST. OHNE EINSCHRÄNKUNG DES VORSTEHENDEN GILT: WENN SIE AUF DER SUCHE NACH EINER STELLE ODER EINER BERUFLICHEN ENTWICKLUNG SIND,
(A) ERKENNEN SIE AN UND STIMMEN ZU, DASS STELLENANZEIGEN, DIE RISESMART IN IHREM KONTO VERÖFFENTLICHEN KANN, VON DRITTEN STAMMEN UND KEINERLEI PRÜFUNG UNTERZOGEN WERDEN, UND
(B) GARANTIERT RISESMART NICHT, DASS STELLENANZEIGEN ODER SONSTIGE INFORMATIONEN KORREKT ODER RECHTMÄSSIG SIND, DASS SIE ÜBER DEN SERVICE GARANTIERT EINE STELLE ODER BERUFLICHE ENTWICKLUNG ERHALTEN ODER DASS EINE STELLE ODER BERUFLICHE ENTWICKLUNG, DIE SIE DURCH DIE NUTZUNG DES SERVICE FINDEN, IHREN ANFORDERUNGEN ENTSPRICHT ODER FÜR SIE GEEIGNET IST. Unter keinen Umständen haftet RiseSmart für Inhalte oder Materialien von Dritten (einschließlich Nutzern), darunter für Fehler oder Auslassungen in Inhalten oder für Verluste oder Schäden, die als Folge der Verwendung solcher Inhalte auftreten. Sie erkennen an, dass RiseSmart Inhalte nicht zuvor prüft, dass RiseSmart und seine Beauftragten im eigenen Ermessen jedoch das Recht (aber nicht die Pflicht) haben, Inhalte, die über den Service zur Verfügung stehen, abzulehnen oder zu entfernen. Sie stimmen zu, dass Sie die Nutzung von Inhalten abwägen müssen und alle damit verbundenen Risiken tragen, darunter das Vertrauen auf Richtigkeit, Vollständigkeit oder Verwendbarkeit solcher Inhalte.
8. HAFTUNGSBESCHRÄNKUNG.
8.1 UNTER KEINEN UMSTÄNDEN UND BASIEREND AUF KEINER RECHTSTHEORIE (OB VERTRAGSHAFTUNG, SCHADENERSATZRECHT ODER SONSTIGES) IST RISESMART GEGENÜBER IHNEN ODER DRITTEN HAFTBAR FÜR
(A) INDIREKTE, ZUFÄLLIGE, SPEZIELLE, EXEMPLARISCHE, FOLGE- ODER STRAFSCHADENERSATZZAHLUNGEN, DARUNTER FÜR ENTGANGENE GEWINNE, ENTGANGENE VERKÄUFE ODER GESCHÄFTE, VERLORENE DATEN ODER GESCHÄFTSUNTERBRECHUNGEN ODER
(B) FÜR DIREKTE SCHÄDEN, KOSTEN, VERLUSTE ODER HAFTUNGSANSPRÜCHE, DIE ÜBER DIE VON IHNEN TATSÄCHLICH GEZAHLTEN GEBÜHREN IN DEN SECHS (6) MONATEN VOR DEM EREIGNIS, AUF DAS SICH IHR ANSPRUCH BEGRÜNDET, ODER, SOFERN KEINE GEBÜHREN GALTEN, EINHUNDERT (100) US-DOLLAR HINAUSGEHEN. DIE BESTIMMUNGEN DIESES ABSCHNITTS ORDNEN DIE RISIKEN GEMÄSS DIESER SERVICEBEDINGUNGEN BEIDEN VERTRAGSPARTEIEN ZU UND DIE VERTRAGSPARTEIEN HABEN SICH BEI DER ENTSCHEIDUNG, OB SIE DIESE SERVICEBEDINGUNGEN EINGEHEN, AUF DIESE EINSCHRÄNKUNGEN VERLASSEN.
8.2 Einige Staaten erlauben keinen Haftungsausschluss oder den Ausschluss stillschweigender Garantien oder die Haftungsbeschränkung für zufällige oder Folgeschäden, was bedeutet, dass einige der oben genannten Einschränkungen in Abschnitt 7 (Haftungsausschluss) und 8 (Haftungsbeschränkung) möglicherweise nicht für Sie zutreffen oder nicht durchsetzbar sind. IN DIESEN STAATEN WIRD DIE HAFTUNG VON RISESMART IM GRÖSSTMÖGLICHEN GESETZLICH ZULÄSSIGEN RAHMEN BESCHRÄNKT. WENN SIE IN NEW JERSEY ANSÄSSIG SIND, GELTEN DIE ABSCHNITTE 7 (HAFTUNGSAUSSCHLUSS) UND 8 (HAFTUNGSBESCHRÄNKUNG) NUR SO WEIT, WIE GEMÄSS DEN GESETZEN VON NEW JERSEY ZULÄSSIG. WENN EIN TEIL DIESER ABSCHNITTE GEMÄSS DEN GESETZEN VON NEW JERSEY ALS UNGÜLTIG ANGESEHEN WIRD, HAT DIE UNGÜLTIGKEIT DIESES TEILS KEINE AUSWIRKUNG AUF DIE GÜLTIGKEIT DER VERBLEIBENDEN TEILE DES ENTSPRECHENDEN ABSCHNITTS.
9. Schadenersatz.
Sie verpflichten sich, RiseSmart schadlos zu halten von jeglichen Ansprüchen, Klagen oder Forderungen, darunter angemessene Rechts- und Buchhaltungskosten, die durch Ihren Verstoß gegen diese Servicebedingungen, Ihre Inhalte oder Ihre sonstigen Zugriffe auf, Beiträge zum, Nutzung oder Missbrauch des Service entstehen oder daraus resultieren. RiseSmart informiert Sie über solche Ansprüche, Klagen oder Forderungen. RiseSmart behält sich das Recht vor, exklusiv die Verteidigung und Kontrolle über Belange zu übernehmen, die gemäß diesem Abschnitt Schadenersatz unterliegen. In einem solchen Fall stimmen Sie zu, bei angemessenen Anfragen zu kooperieren, um die Verteidigung durch RiseSmart in solchen Belangen zu unterstützen. Ungeachtet des Vorstehenden sind Sie nicht verpflichtet, RiseSmart von Ansprüchen, Klagen oder Forderungen schadlos zu halten, die aus Handlungen oder Untätigkeit von RiseSmart resultieren.
10. Abtretung.
Sie dürfen diese Servicebedingungen nicht ohne die vorherige schriftliche Zustimmung von RiseSmart abtreten, aber RiseSmart kann diese Servicebedingungen vollständig oder teilweise ohne Einschränkung abtreten oder übertragen.
11. Geltendes Recht.
Diese Servicebedingungen unterliegen den Gesetzen des Bundesstaates Kalifornien, nach denen sie auch ohne Rücksicht auf Konflikte von Rechtsgrundsätzen ausgelegt werden. Sofern nicht von RiseSmart in einem bestimmten Fall anders vorgegeben, stimmen Sie hiermit ausdrücklich zu, sich zur Lösung von Streitigkeiten bezüglich Ihres Aufrufs oder Ihrer Nutzung des Service an die ausschließliche persönliche Gerichtsbarkeit der Bundes- und Landesgerichte des Bundesstaates Kalifornien zu wenden.
12. DMCA.
Der Digital Millennium Copyright Act aus dem Jahr 1998 (der „DMCA“) ermöglicht Regressansprüche für Urheberrechtsinhaber, die der Meinung sind, dass im Internet veröffentlichte Inhalte ihre Rechte gemäß US-amerikanischem Urheberrechtsgesetz verletzen. RiseSmart bearbeitet und untersucht Hinweise auf einen vermuteten Verstoß unverzüglich und ergreift bei vermuteten oder tatsächlichen Verstößen entsprechende Maßnahmen gemäß dem DMCA und anderen geltenden Gesetzen zum geistigen Eigentum. Benachrichtigungen zu vermuteten Urheberrechtsverletzungen sind per E-Mail an den Urheberrechtsbeauftragten von RiseSmart zu melden unter user.support@risesmart.com (Betreff: „Aufforderung zur Entfernung gemäß DMCA“). Sie können RiseSmart auch per Post unter folgender Adresse kontaktieren:
Attention: Copyright Agent
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113, USA
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113, USA
Hinweis: Diese Benachrichtigung muss schriftlich erfolgen und folgende Informationen enthalten:
- eine elektronische oder physische Unterschrift der Person, die im Namen des Inhabers des Urheberrechts oder sonstigen geistigen Eigentumsrechts handeln darf;
- eine Beschreibung der Werke, für die das Urheberrecht oder geistige Eigentumsrecht gilt, das mutmaßlich verletzt wurde;
- eine Beschreibung, wo auf der Website die mutmaßlich rechtsverletzenden Inhalte zu finden sind, die ausreichend detailliert ist, sodass RiseSmart die Inhalte auf der Website finden kann;
- Ihre Adresse, Telefonnummer und E-Mail-Adresse;
- eine Erklärung Ihrerseits, dass Sie guten Grund zu der Annahme haben, dass die fragliche Nutzung nicht durch den Inhaber des Urheberrechts oder geistigen Eigentumsrechts, seinen Vertreter oder das Gesetz gestattet wurde;
- eine eidesstattliche Erklärung Ihrerseits, dass die oben stehenden Informationen in Ihrer Benachrichtigung korrekt sind und dass Sie der Inhaber des Urheberrechts oder geistigen Eigentumsrechts oder befugt sind, im Namen des Inhabers des Urheberrechts oder geistigen Eigentumsrechts zu handeln.
13.1. Apple-fähige Softwareanwendungen.
RiseSmart bietet Softwareanwendungen an, die in Verbindung mit Produkten betrieben werden sollen, die unter anderem von Apple Inc. („Apple“) vermarktet werden. In Bezug auf Software, die zur Nutzung mit einem Apple-Produkt bereitgestellt wird (sogenannte „Apple-fähige Software“), gelten zusätzlich zu den anderen allgemeinen Geschäftsbedingungen, die in diesen Servicebedingungen dargelegt sind, folgende Bedingungen:
- RiseSmart und Sie erkennen an, dass diese Servicebedingungen ausschließlich zwischen RiseSmart und Ihnen, nicht jedoch mit Apple geschlossen werden, und dass aufgrund der Vereinbarung zwischen RiseSmart und Apple RiseSmart allein für die Apple-fähige Software und die entsprechenden Inhalte verantwortlich ist, nicht Apple.
- Sie dürfen die Apple-fähige Software nicht in einer Weise nutzen, die gegen die Nutzungsregeln für die Apple-fähige Software verstößt oder anderweitig in Konflikt mit den Servicebedingungen des App Store steht.
- Ihre Lizenz für die Nutzung der Apple-fähigen Software ist auf eine nicht übertragbare Lizenz für die Nutzung der Apple-fähigen Software auf einem iOS-Produkt beschränkt, das Sie besitzen oder kontrollieren, soweit durch die Nutzungsregeln in den Servicebedingungen des App Store zulässig.
- Apple ist in keiner Weise verpflichtet, Wartungs- oder Supportservices in Hinblick auf die Apple-fähige Software bereitzustellen.
- Apple ist nicht für Produktgarantien, ob ausdrücklich oder stillschweigend, verantwortlich. Sollte die Apple-fähige Software eine geltende Garantie nicht erfüllen, können Sie Apple darüber informieren. Apple erstattet Ihnen dann den Kaufpreis für die Apple-fähige Software, sofern zutreffend, und soweit gesetzlich zulässig hat Apple keine weiteren Garantieverpflichtungen in Bezug auf die Apple-fähige Software und trägt auch sonst keine Verantwortung für Ansprüche, Verluste, Haftung, Schäden, Kosten oder Ausgaben im Zusammenhang mit einer Nichterfüllung einer Garantie, die die alleinige Verantwortung von RiseSmart ist, sofern diese nicht gemäß geltendem Recht ausgeschlossen werden kann.
- RiseSmart und Sie erkennen an, dass RiseSmart und nicht Apple dafür verantwortlich ist, durch Sie oder einen Dritten gestellte Forderungen bezüglich der Apple-fähigen Software oder Ihres Besitzes und/oder Ihrer Nutzung der Apple-fähigen Software zu bearbeiten, darunter:
(i) Forderungen zur Produkthaftung,
(ii) Reklamationen, dass die Apple-fähige Software eine geltende rechtliche oder behördliche Anforderung nicht erfüllt, und
(iii) Ansprüche, die sich aus dem Verbraucherschutz oder ähnlichen Gesetzen ergeben.
- Sollte ein Dritter beanstanden, dass die Apple-fähige Software oder der Besitz und die Nutzung dieser Apple-fähigen Software durch den Endbenutzer gegen die geistigen Eigentumsrechte dieses Dritten verstößt, trägt gemäß der Vereinbarung zwischen RiseSmart und Apple RiseSmart die alleinige Verantwortung für die Untersuchung, Verteidigung, Beilegung und Erfüllung für einen solchen Anspruch bezüglich Verstoßes gegen geistige Eigentumsrechte, nicht Apple.
- Sie erklären und garantieren, dass (i) Sie nicht in einem Land ansässig sind, für das ein Embargo der US- Regierung vorliegt oder das von der US- Regierung als „Terrorismus unterstützendes“ Land eingestuft wurde, und (ii) Sie nicht von der US- Regierung als verbotene oder eingeschränkte Vertragspartei geführt werden.
- Bei Frage, Beschwerden oder Forderungen in Bezug auf die Apple-fähige Software wenden Sie sich wie folgt an RiseSmart:
user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113, USA
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113, USA
RiseSmart und Sie erkennen an und stimmen zu, dass Apple und die Tochterunternehmen von Apple Drittbegünstigte dieser Servicebedingungen in Bezug auf die Apple-fähige Software sind und dass Apple mit Ihrer Annahme der allgemeinen Geschäftsbedingungen dieser Servicebedingungen das Recht hat (und dieses Recht wird als angenommen erachtet), diese Servicebedingungen Ihnen gegenüber in Bezug auf die Apple-fähige Software als entsprechender Drittbegünstigter durchzusetzen.
- Weitere Informationen finden Sie unter: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Links auf andere Websites.
Der Service kann Links zu anderen Websites enthalten. Diese Links werden Ihnen lediglich als Service zur Verfügung gestellt. Dies bedeutet nicht, dass die Inhalte der Drittanbieter-Websites von RiseSmart gebilligt wurden. RiseSmart trägt keine Verantwortung für die Inhalte der verlinkten Drittanbieter-Websites und macht keinerlei Zusicherungen bezüglich der Inhalte oder Richtigkeit der Materialien auf diesen Drittanbieter-Websites. Der Aufruf von verlinkten Drittanbieter-Websites erfolgt auf Ihr Risiko.
15. Mobilgeräte.
Wenn Sie den Service über ein Mobilgerät nutzen, stimmen Sie zu, dass Informationen zu Ihrer Nutzung des Service über Ihr Mobilgerät und Ihren Anbieter an RiseSmart weitergegeben werden dürfen, darunter Ihr Netzanbieter, Ihr Mobilgerät und Ihr physischer Standort. Darüber hinaus kann die Nutzung des Service über ein Mobilgerät dazu führen, dass Daten auf und über Ihr Mobilgerät angezeigt werden. Durch den Aufruf des Service über ein Mobilgerät erklären Sie, dass Sie, sofern Sie RiseSmart-Daten auf Ihr Mobilgerät importieren, die Befugnis haben, die übertragenen Daten mit Ihrem Mobilfunkanbieter oder sonstigem Dienstanbieter zu teilen. Sollten Sie Ihr Mobilgerät/Ihr Konto ändern oder deaktivieren, müssen Sie sicherstellen, dass andere Personen nicht auf Ihr Konto (und zugehörige Nachrichten (sofern zutreffend)) zugreifen (oder Inhalte an andere Personen senden) können. Sie tragen die Verantwortung bei Unterlassung. Sie erkennen an, dass Sie für alle Kosten und notwendigen Berechtigungen in Hinblick auf den Abruf des Service über Ihr Mobilgerät und Ihren Anbieter verantwortlich sind. Erkundigen Sie sich bei Ihrem Anbieter nach den Bedingungen für diese Services auf Ihrem Mobilgerät. Durch Verwendung einer herunterladbaren Anwendung zur Nutzung des Service bestätigen Sie ausdrücklich, dass Sie die Bestimmungen der Endbenutzer-Lizenzvereinbarung für die Anwendung akzeptieren, die beim Download oder der Installation angezeigt werden und sich gelegentlich ändern können.
Gültig ab dem 18. Januar 2019
POLÍTICA DE PRIVACIDAD
Effective May 7th 2019
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POLÍTICA DE PRIVACIDAD DE RISESMART
RiseSmart, Inc. y sus filiales (conjuntamente, “RiseSmart”) le proporcionan su Servicio (tal como se define a continuación) a través de sitios web bajo el control de RiseSmart (incluido, sin limitación, el sitio que se encuentra en la página http://www.RiseSmart.com) (conjuntamente, el “Sitio”), de conformidad con sus Condiciones de servicio (que se encuentran en la página http://www.RiseSmart.com/terms-conditions) (las “CDS”) y a esta Política de privacidad. El “Servicio” incluye
(a) el Sitio,
(b) los servicios de recolocación y gestión de carreras profesionales de RiseSmart, así como otros servicios (incluidos los servicios de gestión de archivos y análisis) y tecnologías relacionados, y
(c) todo el software, materiales, portales, recomendaciones, ofertas de empleo, datos, informes, textos, imágenes, sonido, vídeo, estadísticas y otros contenidos facilitados a través de alguno de los medios indicados anteriormente (conjuntamente, el “Contenido”).
RiseSmart es el responsable del tratamiento de datos en relación con toda la información recopilada y tratada a través del Servicio. Todas las funciones nuevas que se añadan al Servicio o sirvan para ampliarlo también estarán sujetas a las CDS y la Política de privacidad. En esta Política de privacidad se establece la política de RiseSmart en lo relacionado con los datos de identificación personal (“Datos personales”) y demás información recopilada, transmitida y utilizada en relación con el Servicio. Los datos anónimos, que se pueden recopilar durante su uso del Servicio, no están incluidos entre los “Datos personales”.
Su consentimiento
Al proporcionar a RiseSmart de manera voluntaria Datos personales o permitir el uso del Servicio, acepta y autoriza la recopilación, transmisión y utilización por RiseSmart de sus Datos personales y demás información resumida a continuación en esta Política de privacidad, así como cualquier aviso que le proporcione RiseSmart ocasionalmente en relación con el Servicio. Tiene derecho a revocar este consentimiento y a solicitar que se elimine la información que ha proporcionado a RiseSmart.
Datos personales recibidos de usted
Si opta por utilizar el Servicio, RiseSmart puede solicitarle que facilite Datos personales directamente a RiseSmart. RiseSmart podrá recibir de usted:
- su nombre, su cargo actual o reciente, el nombre de su empresa, números de teléfono, su dirección, su dirección de correo electrónico y otros métodos de identificación o información de contacto;
- su historial laboral y otras experiencias, su formación y capacitación, otras cualificaciones, objetivos de empleo, expectativas de remuneración, intereses y otros datos biográficos y profesionales;
- información sobre su progreso y estado en el ámbito de su desarrollo profesional y búsqueda de trabajo, e
- información acerca del grado de satisfacción de sus clientes y otros comentarios sobre su desarrollo profesional, su búsqueda de trabajo y el Servicio.
Además, cuando interactúe con RiseSmart a través del Servicio, RiseSmart podrá recopilar otros Datos personales e información sobre usted cuando proporcione dicha información de manera voluntaria, por ejemplo, cuando se ponga en contacto con RiseSmart para formular consultas o para responder a una de sus encuestas.
Se le solicitará que proporcione sus Datos personales a través de varios canales relacionados con el Servicio, por ejemplo, durante la activación de la cuenta del Servicio, ya sea mediante registro en línea o en papel, mediante su currículum, listas de comprobación, cuestionarios que complete para RiseSmart, sesiones de formación y asesoramiento, debates, intercambio de correos electrónicos y otros canales. Es posible que el Servicio obtenga también su dirección del protocolo de Internet (IP).
Respecto a la cuenta web personal que puede establecer en el Servicio, RiseSmart puede solicitarle que establezca un nombre de usuario único, una contraseña y una pregunta de recordatorio, y que utilice esta información de inicio de sesión para acceder a su cuenta. Usted acepta proteger la confidencialidad de su nombre de usuario, contraseña y pregunta de recordatorio, y en caso de que no la proteja, será totalmente responsable del uso, robo, alteración, uso indebido, revelación o demás pérdidas resultantes en relación con sus Datos personales u otra información.
Tiene derecho a solicitar acceso a los datos que decida proporcionar a RiseSmart. Las solicitudes de acceso pueden efectuarse a través de la dirección de correo electrónico siguiente: user.support@risesmart.com. RiseSmart le enviará una respuesta a dichas solicitudes de acceso en un plazo de 30 días.
Datos personales recibidos de una empresa cliente
Usted reconoce que una empresa cliente de RiseSmart puede contratar a RiseSmart para ayudar a
(a) los empleados actuales y/o anteriores de la empresa cliente que hayan cesado o vayan a cesar su relación laboral con esta en su búsqueda de empleo a través del Servicio (“Asistencia para la recolocación laboral”) o a
(b) los empleados actuales de la empresa cliente a encontrar oportunidades de desarrollo profesional a través del Servicio (“Asistencia para el desarrollo profesional”), ((a) y (b) conjuntamente, “Compromisos con la empresa cliente”). Respecto a los Compromisos con la empresa cliente, RiseSmart recibirá de dicha empresa una lista de personas aptas para el Servicio. Si usted es una persona apta, es posible que la lista de la empresa cliente incluya su nombre, cargo actual o reciente, domicilio, número de teléfono, dirección de correo electrónico, departamento o unidad de negocio y otros Datos personales.
RiseSmart tratará su información de esta manera para sus intereses legítimos con el fin de proporcionarle un servicio facilitado por su empresa actual o anterior. RiseSmart solamente utiliza Datos personales recibidos de empresas cliente para ponerse en contacto con participantes aptos.
Transferencias internacionales de datos personales
En caso de que usted o la empresa cliente proporcionen Datos personales relacionados con el Servicio, reconoce y acepta que es posible que estos se transfieran desde su ubicación actual o la de la empresa cliente a las oficinas y servidores de RiseSmart y a terceros autorizados a los que se hace referencia en el presente documento y que están establecidos en Estados Unidos u otros países.
Otra información y uso de las cookies
Cuando interactúe con RiseSmart a través del Servicio, RiseSmart recibirá y almacenará determinada información que no es de identificación personal. Esta información, que se recopila de manera pasiva mediante varias tecnologías, no puede utilizarse actualmente para identificarlo de manera específica. Además, el Servicio puede recopilar otra información que no es de identificación personal como parte de la funcionalidad del mismo (por ejemplo, la recopilación de respuestas a cuestionarios que no contienen información de identificación personal). Es posible que RiseSmart almacene dicha información por sí sola o que tal información se incluya en bases de datos que mantienen y son propiedad de los agentes o proveedores de servicios de RiseSmart. El Servicio puede utilizar dicha información y agruparla con otra información para realizar un seguimiento, por ejemplo, del número total de visitantes del Sitio o al Servicio, del número de visitantes de cada página del Sitio o Servicio y de los nombres de dominio de los proveedores de servicios de Internet de los visitantes de RiseSmart. Es importante destacar que en este proceso no se facilitarán ni utilizarán Datos personales, a no ser que usted o una empresa cliente los facilite voluntariamente, tal y como se establece anteriormente.
Para el funcionamiento del Servicio, RiseSmart puede utilizar una tecnología denominada "cookies". Una cookie es información que el ordenador encargado de alojar el Servicio le facilita a su navegador al acceder a dicho Servicio. Las cookies de RiseSmart le ayudan a proporcionar una funcionalidad adicional al Servicio y ayudan a RiseSmart a analizar el uso del Servicio de una manera más precisa. Por ejemplo, el Servicio puede enviar a su navegador una cookie que le permita acceder al Servicio sin necesidad de introducir una contraseña más de una vez durante una visita al Servicio. En todos los casos en los que RiseSmart utilice cookies, no se recopilarán Datos personales sin su permiso.
Es posible que RiseSmart utilice dichas cookies o tecnologías similares para recopilar información acerca de sus actividades de navegación con el tiempo y en diferentes sitios web tras su uso del Servicio (y que permita a proveedores de servicios externos utilizarlas). Actualmente, nuestro Servicio no responde a señales de “No rastrear” (DNT, por sus siglas en inglés) y funciona del modo descrito en esta Política de privacidad, tanto si se ha recibido una señal DNT como si no. Si RiseSmart llega a responder a estas señales en el futuro, se incluirá una descripción acerca de dicho procedimiento en esta Política de privacidad.
Intercambio de información con empresas cliente
Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en la recolocación laboral, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con el desarrollo profesional, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera individual o de manera global (conjuntamente, “Datos de progreso en la recolocación laboral”). Es posible que RiseSmart le facilite ocasionalmente herramientas para permitirle ajustar los Datos de progreso en la recolocación laboral para los que disponga de autorización para compartir con la empresa cliente. Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en el desarrollo profesional, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y su estado en relación con la búsqueda de empleo, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera global (conjuntamente, los “Datos de progreso en el desarrollo profesional”). Es posible que RiseSmart le facilite ocasionalmente herramientas para permitirle ajustar los Datos de progreso en el desarrollo profesional para los que disponga de autorización para compartir con la empresa cliente. Si tiene alguna pregunta o duda acerca de los Datos de progreso en la recolocación laboral o de los Datos de progreso en la asistencia para el desarrollo profesional que RiseSmart puede compartir con la empresa cliente, póngase en contacto con user.support@risesmart.com (consulte la información a continuación).
Otros usos y uso compartido de su información
Dentro del ámbito del Servicio, RiseSmart podrá recopilar, transmitir y utilizar sus datos personales y otra información para proporcionarle el Servicio, así como para determinar qué asistencia en particular desea obtener del Servicio y, si está buscando empleo, para enviarle ofertas de trabajo, formación para la búsqueda de trabajo, asistencia en la redacción del currículum y otro tipo de ayuda. RiseSmart también podrá utilizar sus Datos personales y otra información
(a) para identificarle y autenticarle, por ejemplo, para acceder a su cuenta del Servicio y para comunicarse con el personal de RiseSmart,
(b) internamente para escalar o ajustar la actividad del Servicio de RiseSmart para su cuenta, elaborar informes sobre el rendimiento del Servicio internamente para la Dirección de RiseSmart, impartir cursos de formación interna y gestionar la actividad comercial de RiseSmart.
Además, si proporciona Datos personales u otra información por un motivo determinado, RiseSmart podrá utilizarlos para fines relacionados con el motivo por el que se han proporcionado. Por ejemplo, si se pone en contacto con RiseSmart mediante correo electrónico, RiseSmart podrá utilizar los Datos personales que proporcione para responder a su pregunta o resolver su problema.
RiseSmart también podrá utilizar y compartir sus Datos personales y otra información recopiladas a través del Servicio del modo indicado a continuación:
- RiseSmart podrá utilizar sus Datos personales y otra información para ayudar a mejorar el Contenido y la funcionalidad del Servicio, comprender mejor a los usuarios y mejorar el Servicio.
- A medida que RiseSmart vaya avanzando en su actividad empresarial, es posible que venda o compre empresas o activos. En caso de que se produzca una venta, fusión, reorganización o disolución corporativas o un evento similar, es posible que los Datos personales y otra información formen parte de los activos transferidos.
- RiseSmart podrá compartir sus Datos personales y otra información con sus filiales para fines conformes a esta Política de privacidad.
- En ocasiones, RiseSmart, al igual que muchas otras empresas, se asocia con otras para ofrecer determinadas funciones relacionadas con la empresa, incluidos los análisis. En caso de que RiseSmart se asocie con otra empresa para ofrecer una función en su nombre, podrá proporcionar sus Datos personales y otra información relacionada con usted en la medida necesaria o mínimamente útil para ofrecer su función específica. Entre estos proveedores de servicios se incluyen las empresas que alojan nuestros servidores, que proporcionan nuestras herramientas de administración de clientes, que proporcionan herramientas de comunicación y que proporcionan servicios para ayudar a detectar y prevenir el fraude.
- RiseSmart podrá revelar sus Datos personales y otra información si así lo exige la ley o siempre que considere de buena fe que dicha acción resulta necesaria para
(i) cumplir con una obligación legal,
(ii) proteger y defender los derechos o la propiedad de RiseSmart,
(iii) actuar en circunstancias urgentes para proteger la seguridad personal de los usuarios del Servicio o del público, o bien
(iv) ofrecer protección ante responsabilidades legales.
Datos personales globales
En un esfuerzo continuo por comprender mejor y servir a los usuarios del Servicio, RiseSmart a menudo lleva a cabo investigaciones sobre las estadísticas demográficas de sus usuarios, sus intereses, sus resultados y sus comportamientos en función de los Datos personales y demás información que se proporcionan a RiseSmart. Es posible que esta investigación y otras estadísticas o métricas relacionadas con el comportamiento de los usuarios, sus resultados o sus críticas se recopilen y analicen de manera global, y que RiseSmart comparta estos datos globales con sus filiales, agentes y socios comerciales. Esta información global no le identificará de manera personal. RiseSmart también puede revelar estadísticas de usuario globales para describir los servicios de RiseSmart a socios comerciales actuales y potenciales, así como a terceros, para otros fines lícitos.
Gestión de la información
RiseSmart puede recibir o introducir todos sus Datos personales u otra información en formato digital. RiseSmart puede combinar todos los Datos personales y otra información relacionada con usted en un registro de base de datos propio y almacenarlos en servidores alojados en Estados Unidos o en otros países. Usted tiene derecho a asegurarse de que los datos personales que RiseSmart tenga sobre usted sean correctos. Con el fin de garantizar esta precisión, es posible que RiseSmart le solicite y exija que revise un resumen de sus Datos personales y otra información de su cuenta, y confirme o corrija dicha información.
El personal de RiseSmart puede acceder a su cuenta en línea, determinar las necesidades y medidas requeridas, y, si está buscando empleo, publicar ofertas en su cuenta desde cualquier oficina o lugar de viaje o de trabajo.
RiseSmart tomará las medidas necesarias para proteger los Datos personales y otra información que se proporcionen a través del Servicio frente a la pérdida, el uso indebido y la revelación, la modificación, la destrucción o el acceso no autorizados. No obstante, ninguna transmisión a través de Internet o de correo electrónico es completamente segura o libre de errores. En particular, los mensajes de correo electrónico u otras transmisiones enviadas al Servicio o desde este pueden no ser seguros. Por lo tanto, deberá tener especial cuidado a la hora de decidir qué información envía a RiseSmart a través de correo electrónico o cualquier otro método de transmisión.
Vínculos a otros sitios web
Esta Política de privacidad solamente se aplica al Servicio. El Servicio puede contener vínculos a otros sitios web no gestionados o controlados por RiseSmart (los “Sitios de terceros”). Las políticas y procedimientos descritos en este documento no se aplican a los Sitios de terceros. Los vínculos del Servicio no implican que RiseSmart apruebe o haya revisado dichos Sitios de terceros. RiseSmart sugiere ponerse en contacto con dichos sitios directamente para obtener información acerca de sus políticas de privacidad.
Información pública
Si proporciona información personal no solicitada a RiseSmart a través del Servicio o de otros medios, por ejemplo, mediante la publicación de información en áreas públicas del Servicio, dicha información no solicitada se considerará no confidencial. RiseSmart podrá reproducir, utilizar, revelar y distribuir dicha información no solicitada a otras personas sin limitación o atribución alguna. Cualquier usuario del mundo con acceso al Sitio podrá acceder a toda la información publicada en un área pública.
Niños
El servicio de RiseSmart no está destinado a menores de 13 años ni recopila información de manera intencionada sobre estos.
Cambios en esta Política de privacidad
El Servicio y la actividad comercial de RiseSmart pueden cambiar ocasionalmente. Como resultado, puede que RiseSmart deba realizar cambios en esta Política de privacidad. RiseSmart se reserva el derecho a actualizar o modificar esta Política de privacidad en cualquier momento y de manera ocasional sin previo aviso. Revise esta Política de manera periódica, especialmente antes de proporcionar Datos personales. Esta Política de privacidad se actualizó por última vez en la fecha indicada a continuación. Su uso continuado del Servicio tras los cambios o revisiones efectuados en esta Política de privacidad indican que está de acuerdo con las condiciones de la Política de privacidad revisada.
Contacto con RiseSmart
Para garantizar la precisión, actualización e integridad de sus Datos personales, póngase en contacto con RiseSmart del modo especificado a continuación. RiseSmart tomará todas las medidas correspondientes para actualizar o corregir los Datos personales que le haya enviado previamente a través del Servicio.
En caso de que tenga alguna incidencia o pregunta con respecto a esta Política de privacidad o cuestiones relacionadas con la privacidad, deberá ponerse en contacto con el director de privacidad de RiseSmart en la siguiente dirección:
Oficina de privacidad
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
Correo electrónico: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
Correo electrónico: user.support@risesmart.com
Los usuarios el Espacio Económico Europeo (EEE) y Suiza tienen derecho a presentar una reclamación a la autoridad de control encargada de la protección de datos de su país.
Fecha de entrada en vigor: 18 de enero de 2019
TERMOS E CONDIÇÕES
Effective August 30th 2019
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TERMOS E CONDIÇÕES
1. Aceitação dos Termos.
1.1 A RiseSmart, Inc. e a suas afiliadas (designada coletivamente de “RiseSmart”) fornece o seu Serviço (conforme definido infra) ao Utilizador através de sites controlados pela RiseSmart (incluindo, sem restrições, o site situado em http://www.RiseSmart.com) (coletivamente, o “Site”), sujeito a os presentes Termos de Serviço (os presentes “TDS”). Ao aceitar os presentes TDS ou ao aceder ou usar o Serviço ou Site, o Utilizador reconhece que leu, compreende e aceita vincular-se aos presentes TDS. Se o Utilizador não concordar com os presentes TDS, não deverá aceitar os presentes TDS e não poderá usar o Serviço.
1.2 A RiseSmart poderá alterar os presentes TOS periodicamente sem aviso prévio. Os termos e condições revistos entrarão em vigor no momento da sua publicação e se o Utilizador usar o Serviço após essa dados, esse uso constituirá aceitação dos termos e condições revistos. Se qualquer alteração dos presentes TOS não for aceitável ao Utilizador, o seu único recurso consistirá em deixar de aceder e usar o Serviço.
2. Descrição do Serviço.
O “Serviço” incluindo (a) o Site, (b) os serviços de recolocação e gestão de carreira da RiseSmart, e outros serviços relacionados (incluindo serviços de gestão de ficheiros e analítica), e tecnologias e aplicações relacionadas (incluindo, sem restrições, aplicações e serviços acedidos através de qualquer interface de dispositivo móvel ou de outro tipo que permita ao Utilizador aceder a tais aplicações e serviços)), e (c) todo o software (incluindo o Software, conforme definido infra), materiais, portais, recomendações, anúncios de emprego, dados, relatórios, texto, imagens, sons, vídeo, analítica e outros conteúdos disponibilizados através de qualquer um dos meios referidos supra (designados coletivamente de “Conteúdos”). Quaisquer novas funcionalidades adicionadas a ou que alarguem o Serviço estão igualmente sujeitos aos presentes TOS.
3. Condições Gerais/Acesso e Uso do Serviço.
3.1 Sujeitos aos termos e condições dos presentes TOS, o Utilizador apenas poderá aceder a e usar o Serviço para fins legítimos. Todos os direitos, pretensões e títulos em relação ao Serviço e os seus componentes serão da e pertencerão exclusivamente à RiseSmart. O Utilizador não deverá (e não deverá permitir que quaisquer terceiros venham a)
(a) copiar, reproduzir, modificar, eliminar, distribuir, transferir, armazenar, transmitir, publicar, criar uma obra derivada, efetuar engenharia inversa, efetuar assemblagem inversa do Serviço ou tentar, de qualquer outra forma, direta ou indiretamente, descobrir qualquer código-fonte de, vender, sublicenciar, revender, alugar, dar em leasing, transferir, atribuir ou dar o Serviço em timesharing, ou explorar o mesmo de outro modo para fins comerciais ou disponibilizar o Serviço a qualquer terceiro;
(b) usar o Serviço de uma forma ilegítima (incluindo, sem restrições, formas que constituam infração de quaisquer leis de dados, privacidade ou controlo de exportação) ou ou de um modo que interfira com ou afete a integridade ou desempenho do Serviço ou dos seus componentes,
(c) modificar, adaptar ou "hackear" o Serviço para, ou tentar de qualquer outra forma obter acesso não autorizado ao Serviço ou os seus sistemas ou redes relacionados; ou (d) usar quaisquer Conteúdos noutros sites ou em qualquer outro suporte (por exemplo, um ambiente de rede).ou deverá obedecer a quaisquer códigos de conduta, políticas ou outros notificações que a RiseSmart forneça ao Utilizador ou publique em relação ao Serviço, e o Utilizador deverá notificar a RiseSmart prontamente se souber de uma violação de segurança relacionada com o Serviço. You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. Para além disso, quando usar determinados serviços, o Utilizador estará sujeito a quaisquer termos adicionais aplicáveis a tais serviços que poderão ser publicados no Serviço periodicamente, incluindo, sem restrições, a Política de Privacidade da RiseSmart.
3.2 Qualquer software que possa ser disponibilizado pela RiseSmart em relação ao Serviço (“Software”) contém informações proprietárias e confidenciais protegidas por leis de propriedade intelectual e outras leis aplicáveis. Sujeito aos termos e condições dos presentes TOS, a RiseSmart concede ao Utilizador pela presente a pessoal, o direito e licença não transferível, não sublicenciável e não exclusivo de usar o código de objeto de qualquer Software num único dispositivo unicamente em relação ao Serviço. O Utilizador concorda em não aceder ao Serviço de alguma forma que não seja através da interface fornecida pela RiseSmart para o uso no acesso ao Serviço. Quaisquer direitos não concedidos expressamente no presente documento encontram-se reservados e nenhuma licença ou direito de usar qualquer marca comercial da RiseSmart ou de qualquer terceiro são concedidos ao Utilizador em relação ao Serviço.
3.3 O Utilizador é o único responsável por todos os dados, informações, feedback, sugestões, texto, conteúdos e outros materiais que o Utilizador carregar, publicar, entregar, fornecer ou transmitir ou armazenar de qualquer outro modo (doravante “transmitir/transmissão”) em relação ao ou relacionados com o Serviço (“Conteúdos do Utilizador”). O Utilizador confirma e garante pela presente que os Conteúdos do Utilizador transmitidos por ele em relação ao Serviço
(a) são e estão corretos, verdadeiros, legítimos, decentes, honestos e completos (incluindo, sem restrições, em relação ao seu currículo, dados biográficos e informações de emprego, se o Utilizador estiver a usar o Serviço como candidato a emprego ou candidato a desenvolvimento de carreira), e
(b) está isento de bugs, worms ou vírus. O Utilizador aceita que a RiseSmart possa remover Conteúdos do Utilizador do Serviço se considerar que o Utilizador esteja a violar a frase supra ou em relação a outros termos dos presentes TOS. O Utilizador é responsável por assegurar a confidencialidade dos seus dados de início de sessão, da sua palavra-passe e da sua conta e por todas as atividades que ocorram sob utilização dos seus dados de início de sessão ou da sua conta. A RiseSmart reserva o direito de aceder à conta do Utilizador para responder aos seus pedidos de apoio técnico. Ao transmitir Conteúdos do Utilizador no, ou através do, Serviço, o Utilizador concede pela presente à RiseSmart uma licença mundial, não exclusiva, perpétua, irrevogável, isenta de royalties, integralmente paga, sublicenciável e transferível para usar, modificar, reproduzir, distribuir, apresentar, publicar e efetuar Conteúdos do Utilizador em relação ao Serviço. RiseSmart tem o direito, mas não a obrigação, de escrutinar ou monitorizar o Serviço, Conteúdos ou os Conteúdos do Utilizador. O Utilizador aceita também que a RiseSmart possa remover ou desativar quaisquer Conteúdos em qualquer momento por qualquer motivo (incluindo, mas não limitado a, aquando da receção de alegações de terceiros ou autoridades relacionadas com esses Conteúdos), ou por nenhum motivo específico.
3.4 O Utilizador compreende que o funcionamento do Serviço, incluindo dos Conteúdos do Utilizador, poderá não ter encriptação e envolver
(a) transmissões através de diferentes redes,
(b) alterações para satisfazer e adaptar-se aos requisitos técnicos das redes ou dispositivos que lhe acedam,
(c) transmissão para fornecedores e parceiros de alojamento da RiseSmart para fornecer as tecnologias de hardware, software, rede, armazenamento e relacionadas necessárias para operar e conservar o Serviço, e
(d) transmissão para outros terceiros em relação ao fornecimento do Serviço ao Utilizador. Como tal, o Utilizador reconhece que é o único responsável pela segurança, proteção e cópias de segurança adequadas dos Conteúdos do Utilizador. A RiseSmart não assume responsabilidade perante o Utilizador por qualquer acesso ou uso de não autorizados de quaisquer Conteúdos do Utilizador, ou qualquer danificação, eliminação, destruição ou perda de quaisquer Conteúdos do Utilizador.
3.5 Se o Utilizador for candidato a emprego ou candidato a desenvolvimento de carreira, aceita também usar o seu próprio discernimento, prudência e bom senso ao gerir as oportunidades de emprego e outras informações oferecidas ou obtidas através do Serviço, aceitando adicionalmente que assume todo o risco de qualquer confiança em ou uso de quaisquer Conteúdos (incluindo quaisquer anúncios de emprego ou aconselhamento ou recomendações de emprego) fornecidos através do Serviço.
3.6 A eventualidade de a RiseSmart não exercer ou aplicar qualquer direito ou fornecimento dos presentes TOS não constituirá renúncia desse direito. O Utilizador reconhece que os presentes TOS constituem um contrato entre o Utilizador e a RiseSmart, mesmo que estejam em formato eletrónico e não possuam assinatura física do Utilizador e da RiseSmart, e que os mesmos determinam esse uso do Serviço, substituindo quaisquer semelhantes acordos anteriores entre o Utilizador e a RiseSmart.
3.7 O Utilizador reconhece que um empresa cliente da RiseSmart poderá interagir com a RiseSmart para dar assistência
(a) a colaboradores atuais e/ou antigos do cliente empresarial, que tenham cessado ou venham a cessar as suas funções no empresa cliente, na sua procura de emprego através do Serviço (“Assistência à Recolocação”) ou
(b) colaboradores atuais do cliente da empresa com desenvolvimento de carreira através do Serviço (“Assistência ao Desenvolvimento de Carreira”), ((a) e (b) designados coletivamente de “Interações de Empresa Cliente”). Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência à Recolocação, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e o estado atual do uso do Serviço pelo Utilizador, o volume do seu uso do Serviço, o seu progresso por etapas e o seu estado atual na procura de emprego, a satisfação dos seus clientes ou outro feedback relacionado com o Serviço, de forma individual para cada caso ou de um modo agregado. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência ao Desenvolvimento de Carreira, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e indicar o estado atual do uso do Serviço pelo Utilizador, o âmbito do seu uso do Serviço, o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira, a satisfação dos seus clientes ou outro feedback relacionados com o Serviço, de forma individual para cada caso ou de um modo agregado. Consulte a Política de Privacidade da RiseSmart para mais informações sobre a forma como RiseSmart recolhe, usa e partilha as informações fornecidas pelo Utilizador e empresas clientes em relação às Interações de Empresa Cliente.
3.8 Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente, o Utilizador reconhece que o Serviço que lhe é disponibilizado não irá em nenhum caso exceder o âmbito, a duração ou outros limites da Interação de Empresa Cliente em cujo âmbito é concedido ao o Utilizador acesso ao Serviço.
3.9 O Utilizador aceita que a RiseSmart
(a) pode estabelecer práticas e limites gerais relativamente ao uso do Serviço, incluindo sem restrições o período máximo durante o qual Conteúdos ou quaisquer Conteúdos do Utilizador serão retidos pelo Serviço e o espaço de armazenamento máximo que será atribuído em nome do Utilizador,
(b) a RiseSmart não assume qualquer responsabilidade pela eliminação ou pelo fato de não serem armazenados quaisquer Conteúdos ou quaisquer Conteúdos do Utilizador mantidos pelo Serviço ou carregados no mesmo, e
(c) pode conservar Conteúdos e quaisquer Conteúdos do Utilizador, podendo também divulgar Conteúdos e Conteúdos do Utilizador caso a lei obrigue a tal ou na crença de boa-fé de que tal conservação ou divulgação seja razoavelmente necessária para:
(i) cumprir um processo jurídico, leis aplicáveis ou solicitações governamentais;
(ii) aplicar os presentes TOS;
(iii) responder a alegações de que quaisquer Conteúdos ou quaisquer Conteúdos do Utilizador estejam a violar os direitos de terceiros; ou
(iv) proteger os direitos, propriedade ou segurança pessoal da RiseSmart, dos seus utilizadores e do público.O Utilizador aceita também que a RiseSmart pode remover ou desativar quaisquer Conteúdos ou quaisquer Conteúdos do Utilizador em qualquer momento por qualquer motivo (incluindo, mas não limitado a, aquando da receção de alegações de terceiros ou autoridades relacionados com tais Conteúdos ou Conteúdos do Utilizador), ou por nenhum motivo específico. O Utilizador aceita também que a RiseSmart possa remover ou desativar quaisquer Conteúdos em qualquer momento por qualquer motivo (incluindo, mas não limitado a, aquando da receção de alegações de terceiros ou autoridades relacionadas com esses Conteúdos), ou por nenhum motivo específico.
4. Pagamento.
Na medida em que o Serviço ou qualquer parte do mesmo seja disponibilizado contra qualquer taxa (e que não seja pago de outro modo por uma empresa cliente da RiseSmart), o Utilizador terá de selecionar um plano de pagamento e fornecer à RiseSmart informações sobre o seu cartão de crédito ou outro meio de pagamento. O Utilizador declara e garante à RiseSmart que tais informações são verdadeiras e que o Utilizador está autorizado a usar o meio de pagamento. O Utilizador atualizará prontamente as informações da sua conta com quaisquer alterações (por exemplo, alteração da morada para faturação ou da data de validade do cartão de crédito) que possa ocorrer. O Utilizador aceita pagar à RiseSmart o valor especificado no plano de pagamento de acordo com os termos desse plano e os presentes TOS. O Utilizador autoriza a RiseSmart pela presente a debitar o valor especificado no meio de pagamento do Utilizador de forma antecipada e periódica de acordo com os termos do plano de pagamento aplicável até o Utilizador terminar a sua conta, e o Utilizador aceita também pagar quaisquer taxas que tenham sido incorridos. Se o Utilizador contestar quaisquer taxas, deverá informar a RiseSmart num prazo de sessenta (60) dias a contar da data em que a RiseSmart faturar o valor ao Utilizador. A RiseSmart reserva o direito de alterar os preços da RiseSmart em qualquer momento. Se a RiseSmart alterar os seus preços, a RiseSmart indicará a alteração no Site ou num e-mail ao Utilizador, à discreção da RiseSmart, com uma antecedência mínima de 30 dias antes de a alteração entrar em vigor. O uso continuado do Serviço pelo Utilizador após a alteração do preço entrar em vigor constitui a aceitação do utilizador de pagar o valor alterado. No caso de o Utilizador usar o Serviço no âmbito de uma Interação de Empresa Cliente, será cobrado à empresa cliente o valor do pacote de Serviço específico que a empresa cliente autorizado a RiseSmart a fornecer ao Utilizador.
5. Promessas e Garantias.
Em relação ao esse uso, o Utilizador aceita NÃO: infringir qualquer regulamentos locais, estatais e federais, regulamentos e decretos de qualquer sistema jurídico, incluindo, mas não limitado a, leis e regulamentos de exportação dos Estados Unidos, leis contra a discriminação ou a desigualdade de oportunidades no emprego; infringir quaisquer direitos de propriedade intelectual e privacidade, incluindo, mas não limitado a, patentes, direitos de autor, marcas comerciais ou segredos comerciais de qualquer terceiro; carregar, publicar, transmitir ou armazenar quaisquer materiais que sejam ilícitos, ofensivos, difamatórios, fraudulentos, enganadores, perniciosos, ameaçadores, assediantes, obscenos ou repreensíveis; violem quaisquer obrigações contratuais ou de confidencialidade do Utilizador; afetem ou interfiram com o funcionamento normal do Serviço, tais como a publicação ou transmissão de vírus, worms, scripts, macros ou código malicioso de qualquer tipo, a publicação contínua de materiais repetitiva, ou publicação de quantidades anormalmente grandes de dados; ou que não sejam permitidos pela RiseSmart, incluindo, mas não limitado a, quaisquer materiais publicitários não autorizados, materiais publicitários não solicitados, correio “junk”, “spam”, cartas em cadeia, esquemas em pirâmide, franchisings, sociedades distribuidoras, associações a clubes, acordos de vendas ou materiais de outro modo inaceitáveis; infringir os direitos de privacidade ou direitos pessoais de outros através do abuso do Serviço, incluindo, mas não limitado ao assédio ou fazer “stalking” a outra pessoa, o envio de e-mails não solicitados, e a recolha de informações pessoais de outras pessoas; violar ou a tentativa de violar quaisquer medidas de segurança do Serviço; usar qualquer dispositivo, processo ou mecanismo para monitorizar, obter, pesquisar ou obter acesso a, por exemplo, por "spider" ou "bot", o Serviço sem consentimento prévio por escrito da RiseSmart; aceder ou tentar aceder a qualquer conta ou dados de início de sessão de qualquer terceiro listado no Serviço; ou publicar ou submeter quaisquer informações incorretas, falsas ou incompletas, tais como o currículo, os dados biográficos ou informações de emprego do Utilizador; fazer-se passar por qualquer pessoa ou entidade; falsificar quaisquer informações de cabeçalho em qualquer publicação eletrónica ou correio eletrónico; ou deturpar a sua identidade, a sua afiliação com qualquer terceiro ou a sua entidade.
6. Rescisão.
O Utilizador tem o direito de rescindir a sua conta em qualquer momento de acordo com os procedimentos definidos no Site ou fornecidos ao Utilizador separadamente, quando aplicáveis. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente, o Utilizador reconhece que o seu acesso a esse Serviço terminará aquando do término ou da rescisão da Interação de Empresa Cliente. A RiseSmart reserva o direito de
(i) modificar ou descontinuar, de forma temporária ou definitiva, o Serviço (ou qualquer parte do mesmo) e
(ii) rejeitar qualquer e todo o uso atual e futuro do Serviço, suspender ou rescindir a conta do Utilizador (qualquer parte do mesmo) ou o uso do Serviço e remover e eliminar quaisquer Conteúdos do Utilizador do Serviço, por qualquer motivo, incluindo se a RiseSmart julgar que o Utilizador violou os presentes TOS. A RiseSmart não se responsabiliza perante o Utilizador nem qualquer terceiro por qualquer modificação, suspensão ou descontinuação do Serviço. A RiseSmart envidará esforços de boa-fé para contactar o Utilizador para avisá-lo antes da suspensão ou rescisão da sua conta por parte da RiseSmart. Todos os Conteúdos do Utilizador no Serviço (se houver) poderão ser eliminados definitivamente pela RiseSmart aquando da rescisão da conta do Utilizador à sua discrição. Se a RiseSmart terminar a conta do Utilizador sem causa e o Utilizador se tiver inscrito para um serviço que implique o pagamento de uma taxa, caso aplicável (excluindo uma Interação de Empresa Cliente), a RiseSmart restituirá a parte proporcional, não utilizada de qualquer montante que o Utilizador tenha pago previamente à RiseSmart por tal Serviço. Contudo, todos os direitos a pagamento acumulados e os termos da secção 4-12 perdurarão para além da rescisão dos presentes TOS.
7. LIMITAÇÕES DE RESPONSABILIDADE.
O SERVIÇO, INCLUINDO O SITE, OS CONTEÚDOS (INCLUINDO, SEM LIMITAÇÃO, ANÚNCIOS DE EMPREGO E DESENVOLVIMENTO DE CARREIRA, RECOMENDAÇÕES E ANALÍTICA) E TODOS OS COMPONENTES DE SERVIDOR E REDE SÃO FORNECIDOS “CONFORME ESTÃO” E “CONFORME DISPONÍVEIS” SEM QUAISQUER GARANTIAS DE QUALQUER TIPO, E A RISESMART RENUNCIA EXPRESSAMENTE QUAISQUER E TODAS AS GARANTIAS, SEJAM ELAS EXPRESSAS OU IMPLÍCITAS, INCLUINDO, MAS NÃO LIMITADO A, AS GARANTIAS IMPLÍCITAS DE COMERCIABILIDADE, TÍTULO, APTIDÃO PARA UMA FINALIDADE ESPECÍFICA E NÃO INFRAÇÃO. O UTILIZADOR ACEITA QUE A RISESMART NÃO GARANTE QUE O SERVIÇO SERÁ ININTERRUPTO, PONTUAL, SEGURO, ISENTO DE ERROS OU DE VÍRUS, E NENHUMA INFORMAÇÃO, ACONSELHAMENTO OU SERVIÇOS OBTIDOS PELO UTILIZADOR DA RISESMART OU ATRAVÉS DO SERVIÇO IRÃO CONSTITUIR QUALQUER GARANTIA NÃO EXPRESSAMENTE IDENTIFICADA NOS PRESENTES TOS. SEM LIMITAR THE GENERALIDADE DO EXPOSTO SUPRA, SE O UTILIZADOR FOR CANDIDATO A EMPREGO OU CANDIDATO A DESENVOLVIMENTO DE CARREIRA, (A) O UTILIZADOR ACEITA QUE OS ANÚNCIOS DE EMPREGO QUE A RISESMART POSSA PUBLICAR NUMA CONTA DO UTILIZADOR SÃO RECEBIDOS DE TERCEIROS SEM QUALQUER ANÁLISE E (B) A RISESMART NÃO GARANTE QUE QUAISQUER ANÚNCIOS DE EMPREGO OU OUTRAS INFORMAÇÕES SEJAM CORRETAS OU LEGÍTIMAS, QUE O UTILIZADOR CONSIGA OBTER EMPREGO OU DESENVOLVIMENTO DE CARREIRA AO USAR O SERVIÇO, OU QUE QUALQUER EMPREGO OU DESENVOLVIMENTO DE CARREIRA QUE O UTILIZADOR ENCONTRE AO USAR O SERVIÇO SEJA ADEQUADO ÀS NECESSIDADES DO UTILIZADOR OU APROPRIADO PARA O UTILIZADOR. Em nenhum caso, a RiseSmart responsabilizar-se-á de alguma forma por quaisquer conteúdos ou materiais de quaisquer terceiros (incluindo utilizadores), incluindo, mas não limitado a, por quaisquer erros ou omissões em quaisquer conteúdos, ou por qualquer perda ou danos de algum tipo incorridos em resultado do uso de quaisquer desses conteúdos. O Utilizador reconhece que a RiseSmart não filtra os conteúdos previamente, mas que a RiseSmart e os seus mandatários tem o direito (mas não a obrigação) à sua discrição exclusiva de rejeitar ou remover quaisquer conteúdos que estejam disponíveis através do Serviço. O Utilizador concorda que deve avaliar e assumir todos os riscos associados ao uso de quaisquer conteúdos, incluindo qualquer dependência da precisão, integralidade ou utilidade desses conteúdos.
8. LIMITAÇÃO DA RESPONSABILIDADE CIVIL
8.1 EM NENHUM CASO E NENHUM REGIME JURÍDICO (QUER SEJA POR CONTRATO, ATO ILÍCITO OU DE OUTRA FORMA) IRÁ A RISESMART RESPONSABILIZAR-SE PERANTE O UTILIZADOR OU QUALQUER TERCEIRO POR
(A) QUAISQUER INDIRETOS, ACIDENTAIS, ESPECIAIS ECONÓMICOS, EXEMPLIFICATIVOS, CONSEQUENCIAIS OU PUNITIVOS, INCLUINDO PERDA DE LUCROS, PERDA DE VENDAS OU NEGÓCIO, PERDA DE DADOS OU INTERRUPÇÃO DA ATIVIDADE COMERCIAL, OU
(B) POR QUAISQUER DANOS DIRETOS, DESPESAS, PERDAS OU RESPONSABILIDADES PARA ALÉM DAS TAXAS ATUALMENTE PAGAS PELO UTILIZADOR NOS SEIS (6) MESES ANTERIORES AO EVENTO QUE RESULTOU NA ALEGAÇÃO DO UTILIZADOR OU, NÃO HAVENDO TAXAS APLICÁVEIS, CEM (100) DÓLARES NORTE-AMERICANOS. DÓLARES. AS DISPOSIÇÕES DA PRESENTE SECÇÃO ATRIBUEM OS RISCOS INERENTES AOS PRESENTES TOS ENTRE AS PARTES, E AS PARTES BASEARAM-SE NESTAS LIMITAÇÕES PARA DETERMINAR SE VINCULAR-SE AOS PRESENTES TOS.
8.2 Alguns estados não permitem a limitação ou exclusão de garantias implícitas ou limitação de responsabilidade civil nos acidentais ou consequenciais, de forma que algumas das limitações supra nas Secções 7 (Limitações de Responsabilidade) e 8 (Limitação de Responsabilidade Civil) poderão não aplicar-se ou ser implementáveis em relação ao Utilizador. NESTES ESTADOS, A RESPONSABILIDADE DA RISESMART LIMITA-SE A À MAIOR EXTENSÃO PERMITIDA PELA LEI. SE UTILIZADOR FOR DA NOVA JÉRSIA, AS SECÇÕES 7 (LIMITAÇÕES DE RESPONSABILIDADE) E 8 (LIMITAÇÃO DE RESPONSABILIDADE CIVIL) TÊM POR OBJETIVO SEREM TO BE PENAS TÃO LATOS COMO PERMITEM AS LEIS DA NOVA JÉRSIA. SE QUALQUER PARTE DAS PRESENTES SECÇÕES FOR CONSIDERADA INVÁLIDA SEGUNDO AS LEIS DA NOVA JÉRSIA, A INVALIDADE DESSA PARTE NÃO AFETARÁ A VALIDADE DAS RESTANTES PARTES DA SECÇÃO APLICÁVEL.
9. Indemnização.
O Utilizador concorda em defender, indemnizar e proteger a RiseSmart de e contra quaisquer pretensões, ações ou exigências, incluindo sem restrições taxas legais e contabilísticas razoáveis que resultem da violação dos presentes TOS pelo Utilizador, de quaisquer Conteúdos do Utilizador, ou de outro acesso, contribuição para, uso ou abuso do Serviço por parte do pelo Utilizador. A RiseSmart notificará o Utilizador de qualquer pretensão, ação jurídica ou exigência desse género. A RiseSmart reserva o direito de assumir a defesa e o controlo exclusivos de qualquer assunto que esteja sujeito a indemnização nos termos da presente secção. Num caso destes, o Utilizador aceita colaborar em quaisquer pedidos razoáveis para assistir a RiseSmart na defesa em tal assunto. Não obstante o exposto supra, o Utilizador não terá qualquer obrigação de indemnizar, defender ou proteger a RiseSmart de ou contra quaisquer alegações, ações jurídicas ou exigências na medida que resultem de qualquer ação ou omissão de ação da RiseSmart.
10. Atribuição.
O Utilizador não pode atribuir os presentes TOS sem o consentimento prévio por escrito da RiseSmart, mas a RiseSmart pode atribuir ou transferir os presentes TOS, na íntegra ou em parte, sem restrição.
11. Direito Aplicável.
Os presentes TOS regem-se pelo direito do Estado da Califórnia independentemente dos princípios dos conflitos de direito. Exceto quando por outra opção escolhida pela RiseSmart para um caso específico, o Utilizador aceite pela presente expressamente vincular-se à jurisdição pessoal exclusiva dos tribunais federais e estatais do Estado da Califórnia para a resolução de qualquer litígio relacionado com o acesso ou uso do Serviço por parte do Utilizador.
12. DMCA.
A Digital Millennium Direitos de autor Act (a “DMCA”, Lei dos Direitos Autorais do Milénio Digital) de 1998 proporciona recursos a detentores de direitos de autor que existam materiais na Internet que infrinjam os seus direitos ao abrigo dos direitos de autor norte-americanos. A RiseSmart irá processar e investigar prontamente notificações de infração alegada e tomará medidas adequadas ao abrigo da DMCA e outras leis de propriedade intelectual aplicáveis em relação a qualquer infração alegada ou factual. Uma notificação de alegada infração de direitos de autor deve ser enviada por e-mail para o Responsável de Direitos de Autor da RiseSmart através do endereço user.support@risesmart.com (assunto: “DMCA Takedown Request”). O Utilizador poderá também contactar a RiseSmart por correio:
A/C: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
Aviso: Para vigorar, a notificação deve ser enviada por escrito e conter as seguintes informações:
- assinatura eletrónica ou física da pessoa autorizada a agir em nome do detentor dos direitos de autor ou outros interesses de propriedade intelectual;
- descrição da obra com direitos de autor ou outra propriedade intelectual que o Utilizador alega terem sido infringidos;
- descrição da localização do material que o Utilizador alega ser infrator no Site, com pormenor suficiente para a RiseSmart poder encontrá-lo no Site;
- morada, número de telefone e endereço de e-mail do Utilizador;
- declaração do Utilizador de que acredita em boa-fé que o uso contestado não foi autorizado pelo detentor dos direitos de autor ou da propriedade intelectual, pelo seu agente ou pela lei;
- declaração do Utilizador, efetuada sob pena de perjúrio, de que as informações supra no aviso do Utilizador são corretas e que o Utilizador é o detentor dos direitos de autor ou de propriedade intelectual ou está autorizado a agir em nome do detentor dos direitos de autor ou de propriedade intelectual.
13. 1. Aplicações de software compatíveis com Apple.
A RiseSmart oferece aplicações de software destinadas ao funcionamento relacionado com produtos criados para fins comerciais disponibilizados pela Apple Inc. (“Apple”), entre outas plataformas. Relativamente a Software que é disponibilizado para esse uso em relação a um produto da marca Apple (tal Software, “Software Compatível com Apple”), para além dos outros termos e condições definidos nos presentes TOS, aplicam-se os seguintes termos e condições:
- A RiseSmart e o Utilizador reconhecem que os presentes TOS se aplicam apenas entre a RiseSmart e o Utilizador, e não com a Apple, e que, entre a RiseSmart e a Apple, é a RiseSmart, e não a Apple, a única responsável pelo Software Compatível com Apple e os conteúdos do mesmo.
- O Utilizador não pode usar o Software Compatível com Apple de um modo que infrinja ou seja inconsistente com as Regras de Utilização definidas para o Software Compatível com Apple nos Termos de Serviço da App Store, nem poderá estar de outro modo em conflito com os mesmos.
- A licença do Utilizador para usar o Software Compatível com Apple limita-se a uma licença não transferível para usar o Software Compatível com Apple num Produto iOS que o Utilizador possua ou controle, conforme permitido pelas Regras de Utilização definidas nos Termos de Serviço da App Store.
- A Apple não tem qualquer obrigação de fornecer quaisquer serviços de manutenção ou suporte em relação ao Software Compatível com Apple.
- A Apple não é responsável por quaisquer garantias de produto, sejam elas expressas ou implícitas por lei. No caso de o Software Compatível com Apple não estar em conformidade com qualquer garantia aplicável, o Utilizador poderá notificar a Apple, e a Apple restituirá ao Utilizador o preço de aquisição do Software Compatível com Apple, caso exista; e, até à máxima extensão permitida pela lei aplicável, a Apple não terá qualquer outra obrigação de garantia em relação ao Software Compatível com Apple, ou quaisquer outras reivindicações, perdas, responsabilidades, danos, custos ou despesas atribuíveis a qualquer inconformidade com qualquer garantia, que será da responsabilidade exclusiva da RiseSmart, desde que não possa ser renunciada ao abrigo da lei aplicável.
- A RiseSmart e o Utilizador reconhecem que a RiseSmart, e não a Apple, é responsável por resolver quaisquer alegações do Utilizador ou de qualquer terceiro relacionadas com o Software Compatível com Apple ou a posse e/ou uso desse Software Compatível com Apple por parte do Utilizador, incluindo, mas não limitado a:
(i) reivindicações de responsabilidade de um produto;
(ii) qualquer alegação de o Software Compatível com Apple não estar em conformidade com qualquer requisito legal ou regulamentar aplicável; e
(iii) reivindicações resultantes de leis de proteção do consumidor ou semelhantes.
No caso de um terceiro alegar que o Software Compatível com Apple ou a posse e o uso desse Software Compatível com Apple por parte do utilizador final infringe os direitos de propriedade intelectual desse terceiro, entre a RiseSmart e a Apple, é a RiseSmart e não a Apple que é o único responsável pela investigação, defesa, resolução e anulação de tal alegação de infração de propriedade intelectual.
- O Utilizador declara e garante que
(i) não está localizado num país country sujeito a um embargo do Governo dos EUA ou que tenha sido designado pelo Governo dos EUA como país “apoiante do terrorismo”; e
(ii) não se encontra identificado em qualquer lista do Governo dos EUA de entidades proibidas ou restritas.
- Quais perguntas, reclamações ou reivindicações que o Utilizador tenha em relação ao Software Compatível com Apple, deverão ser enviadas para a RiseSmart da seguinte forma:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
A RiseSmart e o Utilizador reconhecem e aceitam que a Apple e as subsidiárias da Apple são beneficiários terceiros dos presentes TOS em relação ao Software Compatível com Apple, e que, após aceitação dos termos e condições dos presentes TOS por parte do Utilizador, a Apple terá o direito (e considerar-se-á que aceitou direito) de aplicar os presentes TOS contra o Utilizador em relação ao Software Compatível com Apple como beneficiário terceiro do mesmo.
- Veja mais em: http://www.risesmart.com/terms-condições#sthash.IZMwxrh4.dpuf
14. Ligações a Outros Sites.
O Serviço poderá conter ligações a sites externos. Estas ligações são fornecidas unicamente para conveniência do Utilizador e não como aval da RiseSmart desses conteúdos em tais sites externos. A RiseSmart não se responsabiliza pelos conteúdos de sites externos nas suas ligações e não fornece quaisquer promessas relativamente aos conteúdos ou precisão dos materiais nesses sites externos. Se o Utilizador optar por aceder a sites externos através das ligações, fá-lo-á por sua própria conta e risco.
15. Dispositivos Móveis.
Se o Utilizador usar o Serviço através de um dispositivo móvel, aceita que informações sobre o seu uso do Serviço através do seu dispositivo móvel e da sua operadora poderão ser comunicadas à RiseSmart, incluindo mas não limitado à sua operadora de rede móvel, o seu dispositivo móvel ou a sua localização física. Para além disso, o uso do Serviço através de um dispositivo móvel poderá fazer com que dados sejam apresentados no e através do dispositivo móvel do Utilizador. Ao aceder ao Serviço através de um dispositivo móvel, o Utilizador declara que, ao importar quaisquer dados seus da RiseSmart para o seu dispositivo móvel, que está autorizado a partilhar os dados transferidos com a sua operadora de rede móvel ou outro fornecedor de acesso. No caso de alterar ou desativar o seu dispositivo móvel/conta de rede móvel, o Utilizador deverá assegurar que a sua conta (e quaisquer mensagens relacionadas (conforme aplicável)), não sejam acedidas por outros (ou enviadas para outros), assumindo plena responsabilidade se não o fizer. O Utilizador reconhece que é responsável por todas as taxas e permissões necessárias relacionadas com o acesso ao Serviço através do seu dispositivo móvel e fornecedor de rede móvel. Como tal, o Utilizador deverá solicitar ao fornecedor os termos desses serviços para o seu dispositivo móvel específico. Ao usar qualquer aplicação transferível para possibilitar esse uso do Serviço, o Utilizador confirma explicitamente a sua aceitação dos termos do Contrato de Licença de Utilizador Final associado à aplicação fornecida durante a transferência ou instalação, ou conforme atualizado periodicamente.
Entra em vigor a 18 de janeiro de 2019
Effective May 7th 2019 to August 30th 2019
DownloadTable of Contents
TERMOS E CONDIÇÕES
1. Aceitação dos Termos.
1.1 A RiseSmart, Inc. e a suas afiliadas (designada coletivamente de “RiseSmart”) fornece o seu Serviço (conforme definido infra) ao Utilizador através de sites controlados pela RiseSmart (incluindo, sem restrições, o site situado em http://www.RiseSmart.com) (coletivamente, o “Site”), sujeito a os presentes Termos de Serviço (os presentes “TDS”). Ao aceitar os presentes TDS ou ao aceder ou usar o Serviço ou Site, o Utilizador reconhece que leu, compreende e aceita vincular-se aos presentes TDS. Se o Utilizador não concordar com os presentes TDS, não deverá aceitar os presentes TDS e não poderá usar o Serviço.
1.2 A RiseSmart poderá alterar os presentes TOS periodicamente sem aviso prévio. Os termos e condições revistos entrarão em vigor no momento da sua publicação e se o Utilizador usar o Serviço após essa dados, esse uso constituirá aceitação dos termos e condições revistos. Se qualquer alteração dos presentes TOS não for aceitável ao Utilizador, o seu único recurso consistirá em deixar de aceder e usar o Serviço.
2. Descrição do Serviço.
O “Serviço” incluindo (a) o Site, (b) os serviços de recolocação e gestão de carreira da RiseSmart, e outros serviços relacionados (incluindo serviços de gestão de ficheiros e analítica), e tecnologias e aplicações relacionadas (incluindo, sem restrições, aplicações e serviços acedidos através de qualquer interface de dispositivo móvel ou de outro tipo que permita ao Utilizador aceder a tais aplicações e serviços)), e (c) todo o software (incluindo o Software, conforme definido infra), materiais, portais, recomendações, anúncios de emprego, dados, relatórios, texto, imagens, sons, vídeo, analítica e outros conteúdos disponibilizados através de qualquer um dos meios referidos supra (designados coletivamente de “Conteúdos”). Quaisquer novas funcionalidades adicionadas a ou que alarguem o Serviço estão igualmente sujeitos aos presentes TOS.
3. Condições Gerais/Acesso e Uso do Serviço.
3.1 Sujeitos aos termos e condições dos presentes TOS, o Utilizador apenas poderá aceder a e usar o Serviço para fins legítimos. Todos os direitos, pretensões e títulos em relação ao Serviço e os seus componentes serão da e pertencerão exclusivamente à RiseSmart. O Utilizador não deverá (e não deverá permitir que quaisquer terceiros venham a)
(a) copiar, reproduzir, modificar, eliminar, distribuir, transferir, armazenar, transmitir, publicar, criar uma obra derivada, efetuar engenharia inversa, efetuar assemblagem inversa do Serviço ou tentar, de qualquer outra forma, direta ou indiretamente, descobrir qualquer código-fonte de, vender, sublicenciar, revender, alugar, dar em leasing, transferir, atribuir ou dar o Serviço em timesharing, ou explorar o mesmo de outro modo para fins comerciais ou disponibilizar o Serviço a qualquer terceiro;
(b) usar o Serviço de uma forma ilegítima (incluindo, sem restrições, formas que constituam infração de quaisquer leis de dados, privacidade ou controlo de exportação) ou ou de um modo que interfira com ou afete a integridade ou desempenho do Serviço ou dos seus componentes,
(c) modificar, adaptar ou "hackear" o Serviço para, ou tentar de qualquer outra forma obter acesso não autorizado ao Serviço ou os seus sistemas ou redes relacionados; ou (d) usar quaisquer Conteúdos noutros sites ou em qualquer outro suporte (por exemplo, um ambiente de rede).ou deverá obedecer a quaisquer códigos de conduta, políticas ou outros notificações que a RiseSmart forneça ao Utilizador ou publique em relação ao Serviço, e o Utilizador deverá notificar a RiseSmart prontamente se souber de uma violação de segurança relacionada com o Serviço. You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. Para além disso, quando usar determinados serviços, o Utilizador estará sujeito a quaisquer termos adicionais aplicáveis a tais serviços que poderão ser publicados no Serviço periodicamente, incluindo, sem restrições, a Política de Privacidade da RiseSmart.
3.2 Qualquer software que possa ser disponibilizado pela RiseSmart em relação ao Serviço (“Software”) contém informações proprietárias e confidenciais protegidas por leis de propriedade intelectual e outras leis aplicáveis. Sujeito aos termos e condições dos presentes TOS, a RiseSmart concede ao Utilizador pela presente a pessoal, o direito e licença não transferível, não sublicenciável e não exclusivo de usar o código de objeto de qualquer Software num único dispositivo unicamente em relação ao Serviço. O Utilizador concorda em não aceder ao Serviço de alguma forma que não seja através da interface fornecida pela RiseSmart para o uso no acesso ao Serviço. Quaisquer direitos não concedidos expressamente no presente documento encontram-se reservados e nenhuma licença ou direito de usar qualquer marca comercial da RiseSmart ou de qualquer terceiro são concedidos ao Utilizador em relação ao Serviço.
3.3 O Utilizador é o único responsável por todos os dados, informações, feedback, sugestões, texto, conteúdos e outros materiais que o Utilizador carregar, publicar, entregar, fornecer ou transmitir ou armazenar de qualquer outro modo (doravante “transmitir/transmissão”) em relação ao ou relacionados com o Serviço (“Conteúdos do Utilizador”). O Utilizador confirma e garante pela presente que os Conteúdos do Utilizador transmitidos por ele em relação ao Serviço
(a) são e estão corretos, verdadeiros, legítimos, decentes, honestos e completos (incluindo, sem restrições, em relação ao seu currículo, dados biográficos e informações de emprego, se o Utilizador estiver a usar o Serviço como candidato a emprego ou candidato a desenvolvimento de carreira), e
(b) está isento de bugs, worms ou vírus. O Utilizador aceita que a RiseSmart possa remover Conteúdos do Utilizador do Serviço se considerar que o Utilizador esteja a violar a frase supra ou em relação a outros termos dos presentes TOS. O Utilizador é responsável por assegurar a confidencialidade dos seus dados de início de sessão, da sua palavra-passe e da sua conta e por todas as atividades que ocorram sob utilização dos seus dados de início de sessão ou da sua conta. A RiseSmart reserva o direito de aceder à conta do Utilizador para responder aos seus pedidos de apoio técnico. Ao transmitir Conteúdos do Utilizador no, ou através do, Serviço, o Utilizador concede pela presente à RiseSmart uma licença mundial, não exclusiva, perpétua, irrevogável, isenta de royalties, integralmente paga, sublicenciável e transferível para usar, modificar, reproduzir, distribuir, apresentar, publicar e efetuar Conteúdos do Utilizador em relação ao Serviço. RiseSmart tem o direito, mas não a obrigação, de escrutinar ou monitorizar o Serviço, Conteúdos ou os Conteúdos do Utilizador. O Utilizador aceita também que a RiseSmart possa remover ou desativar quaisquer Conteúdos em qualquer momento por qualquer motivo (incluindo, mas não limitado a, aquando da receção de alegações de terceiros ou autoridades relacionadas com esses Conteúdos), ou por nenhum motivo específico.
3.4 O Utilizador compreende que o funcionamento do Serviço, incluindo dos Conteúdos do Utilizador, poderá não ter encriptação e envolver
(a) transmissões através de diferentes redes,
(b) alterações para satisfazer e adaptar-se aos requisitos técnicos das redes ou dispositivos que lhe acedam,
(c) transmissão para fornecedores e parceiros de alojamento da RiseSmart para fornecer as tecnologias de hardware, software, rede, armazenamento e relacionadas necessárias para operar e conservar o Serviço, e
(d) transmissão para outros terceiros em relação ao fornecimento do Serviço ao Utilizador. Como tal, o Utilizador reconhece que é o único responsável pela segurança, proteção e cópias de segurança adequadas dos Conteúdos do Utilizador. A RiseSmart não assume responsabilidade perante o Utilizador por qualquer acesso ou uso de não autorizados de quaisquer Conteúdos do Utilizador, ou qualquer danificação, eliminação, destruição ou perda de quaisquer Conteúdos do Utilizador.
3.5 Se o Utilizador for candidato a emprego ou candidato a desenvolvimento de carreira, aceita também usar o seu próprio discernimento, prudência e bom senso ao gerir as oportunidades de emprego e outras informações oferecidas ou obtidas através do Serviço, aceitando adicionalmente que assume todo o risco de qualquer confiança em ou uso de quaisquer Conteúdos (incluindo quaisquer anúncios de emprego ou aconselhamento ou recomendações de emprego) fornecidos através do Serviço.
3.6 A eventualidade de a RiseSmart não exercer ou aplicar qualquer direito ou fornecimento dos presentes TOS não constituirá renúncia desse direito. O Utilizador reconhece que os presentes TOS constituem um contrato entre o Utilizador e a RiseSmart, mesmo que estejam em formato eletrónico e não possuam assinatura física do Utilizador e da RiseSmart, e que os mesmos determinam esse uso do Serviço, substituindo quaisquer semelhantes acordos anteriores entre o Utilizador e a RiseSmart.
3.7 O Utilizador reconhece que um empresa cliente da RiseSmart poderá interagir com a RiseSmart para dar assistência
(a) a colaboradores atuais e/ou antigos do cliente empresarial, que tenham cessado ou venham a cessar as suas funções no empresa cliente, na sua procura de emprego através do Serviço (“Assistência à Recolocação”) ou
(b) colaboradores atuais do cliente da empresa com desenvolvimento de carreira através do Serviço (“Assistência ao Desenvolvimento de Carreira”), ((a) e (b) designados coletivamente de “Interações de Empresa Cliente”). Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência à Recolocação, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e o estado atual do uso do Serviço pelo Utilizador, o volume do seu uso do Serviço, o seu progresso por etapas e o seu estado atual na procura de emprego, a satisfação dos seus clientes ou outro feedback relacionado com o Serviço, de forma individual para cada caso ou de um modo agregado. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência ao Desenvolvimento de Carreira, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e indicar o estado atual do uso do Serviço pelo Utilizador, o âmbito do seu uso do Serviço, o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira, a satisfação dos seus clientes ou outro feedback relacionados com o Serviço, de forma individual para cada caso ou de um modo agregado. Consulte a Política de Privacidade da RiseSmart para mais informações sobre a forma como RiseSmart recolhe, usa e partilha as informações fornecidas pelo Utilizador e empresas clientes em relação às Interações de Empresa Cliente.
3.8 Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente, o Utilizador reconhece que o Serviço que lhe é disponibilizado não irá em nenhum caso exceder o âmbito, a duração ou outros limites da Interação de Empresa Cliente em cujo âmbito é concedido ao o Utilizador acesso ao Serviço.
3.9 O Utilizador aceita que a RiseSmart
(a) pode estabelecer práticas e limites gerais relativamente ao uso do Serviço, incluindo sem restrições o período máximo durante o qual Conteúdos ou quaisquer Conteúdos do Utilizador serão retidos pelo Serviço e o espaço de armazenamento máximo que será atribuído em nome do Utilizador,
(b) a RiseSmart não assume qualquer responsabilidade pela eliminação ou pelo fato de não serem armazenados quaisquer Conteúdos ou quaisquer Conteúdos do Utilizador mantidos pelo Serviço ou carregados no mesmo, e
(c) pode conservar Conteúdos e quaisquer Conteúdos do Utilizador, podendo também divulgar Conteúdos e Conteúdos do Utilizador caso a lei obrigue a tal ou na crença de boa-fé de que tal conservação ou divulgação seja razoavelmente necessária para:
(i) cumprir um processo jurídico, leis aplicáveis ou solicitações governamentais;
(ii) aplicar os presentes TOS;
(iii) responder a alegações de que quaisquer Conteúdos ou quaisquer Conteúdos do Utilizador estejam a violar os direitos de terceiros; ou
(iv) proteger os direitos, propriedade ou segurança pessoal da RiseSmart, dos seus utilizadores e do público.O Utilizador aceita também que a RiseSmart pode remover ou desativar quaisquer Conteúdos ou quaisquer Conteúdos do Utilizador em qualquer momento por qualquer motivo (incluindo, mas não limitado a, aquando da receção de alegações de terceiros ou autoridades relacionados com tais Conteúdos ou Conteúdos do Utilizador), ou por nenhum motivo específico. O Utilizador aceita também que a RiseSmart possa remover ou desativar quaisquer Conteúdos em qualquer momento por qualquer motivo (incluindo, mas não limitado a, aquando da receção de alegações de terceiros ou autoridades relacionadas com esses Conteúdos), ou por nenhum motivo específico.
4. Pagamento.
Na medida em que o Serviço ou qualquer parte do mesmo seja disponibilizado contra qualquer taxa (e que não seja pago de outro modo por uma empresa cliente da RiseSmart), o Utilizador terá de selecionar um plano de pagamento e fornecer à RiseSmart informações sobre o seu cartão de crédito ou outro meio de pagamento. O Utilizador declara e garante à RiseSmart que tais informações são verdadeiras e que o Utilizador está autorizado a usar o meio de pagamento. O Utilizador atualizará prontamente as informações da sua conta com quaisquer alterações (por exemplo, alteração da morada para faturação ou da data de validade do cartão de crédito) que possa ocorrer. O Utilizador aceita pagar à RiseSmart o valor especificado no plano de pagamento de acordo com os termos desse plano e os presentes TOS. O Utilizador autoriza a RiseSmart pela presente a debitar o valor especificado no meio de pagamento do Utilizador de forma antecipada e periódica de acordo com os termos do plano de pagamento aplicável até o Utilizador terminar a sua conta, e o Utilizador aceita também pagar quaisquer taxas que tenham sido incorridos. Se o Utilizador contestar quaisquer taxas, deverá informar a RiseSmart num prazo de sessenta (60) dias a contar da data em que a RiseSmart faturar o valor ao Utilizador. A RiseSmart reserva o direito de alterar os preços da RiseSmart em qualquer momento. Se a RiseSmart alterar os seus preços, a RiseSmart indicará a alteração no Site ou num e-mail ao Utilizador, à discreção da RiseSmart, com uma antecedência mínima de 30 dias antes de a alteração entrar em vigor. O uso continuado do Serviço pelo Utilizador após a alteração do preço entrar em vigor constitui a aceitação do utilizador de pagar o valor alterado. No caso de o Utilizador usar o Serviço no âmbito de uma Interação de Empresa Cliente, será cobrado à empresa cliente o valor do pacote de Serviço específico que a empresa cliente autorizado a RiseSmart a fornecer ao Utilizador.
5. Promessas e Garantias.
Em relação ao esse uso, o Utilizador aceita NÃO: infringir qualquer regulamentos locais, estatais e federais, regulamentos e decretos de qualquer sistema jurídico, incluindo, mas não limitado a, leis e regulamentos de exportação dos Estados Unidos, leis contra a discriminação ou a desigualdade de oportunidades no emprego; infringir quaisquer direitos de propriedade intelectual e privacidade, incluindo, mas não limitado a, patentes, direitos de autor, marcas comerciais ou segredos comerciais de qualquer terceiro; carregar, publicar, transmitir ou armazenar quaisquer materiais que sejam ilícitos, ofensivos, difamatórios, fraudulentos, enganadores, perniciosos, ameaçadores, assediantes, obscenos ou repreensíveis; violem quaisquer obrigações contratuais ou de confidencialidade do Utilizador; afetem ou interfiram com o funcionamento normal do Serviço, tais como a publicação ou transmissão de vírus, worms, scripts, macros ou código malicioso de qualquer tipo, a publicação contínua de materiais repetitiva, ou publicação de quantidades anormalmente grandes de dados; ou que não sejam permitidos pela RiseSmart, incluindo, mas não limitado a, quaisquer materiais publicitários não autorizados, materiais publicitários não solicitados, correio “junk”, “spam”, cartas em cadeia, esquemas em pirâmide, franchisings, sociedades distribuidoras, associações a clubes, acordos de vendas ou materiais de outro modo inaceitáveis; infringir os direitos de privacidade ou direitos pessoais de outros através do abuso do Serviço, incluindo, mas não limitado ao assédio ou fazer “stalking” a outra pessoa, o envio de e-mails não solicitados, e a recolha de informações pessoais de outras pessoas; violar ou a tentativa de violar quaisquer medidas de segurança do Serviço; usar qualquer dispositivo, processo ou mecanismo para monitorizar, obter, pesquisar ou obter acesso a, por exemplo, por "spider" ou "bot", o Serviço sem consentimento prévio por escrito da RiseSmart; aceder ou tentar aceder a qualquer conta ou dados de início de sessão de qualquer terceiro listado no Serviço; ou publicar ou submeter quaisquer informações incorretas, falsas ou incompletas, tais como o currículo, os dados biográficos ou informações de emprego do Utilizador; fazer-se passar por qualquer pessoa ou entidade; falsificar quaisquer informações de cabeçalho em qualquer publicação eletrónica ou correio eletrónico; ou deturpar a sua identidade, a sua afiliação com qualquer terceiro ou a sua entidade.
6. Rescisão.
O Utilizador tem o direito de rescindir a sua conta em qualquer momento de acordo com os procedimentos definidos no Site ou fornecidos ao Utilizador separadamente, quando aplicáveis. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente, o Utilizador reconhece que o seu acesso a esse Serviço terminará aquando do término ou da rescisão da Interação de Empresa Cliente. A RiseSmart reserva o direito de
(i) modificar ou descontinuar, de forma temporária ou definitiva, o Serviço (ou qualquer parte do mesmo) e
(ii) rejeitar qualquer e todo o uso atual e futuro do Serviço, suspender ou rescindir a conta do Utilizador (qualquer parte do mesmo) ou o uso do Serviço e remover e eliminar quaisquer Conteúdos do Utilizador do Serviço, por qualquer motivo, incluindo se a RiseSmart julgar que o Utilizador violou os presentes TOS. A RiseSmart não se responsabiliza perante o Utilizador nem qualquer terceiro por qualquer modificação, suspensão ou descontinuação do Serviço. A RiseSmart envidará esforços de boa-fé para contactar o Utilizador para avisá-lo antes da suspensão ou rescisão da sua conta por parte da RiseSmart. Todos os Conteúdos do Utilizador no Serviço (se houver) poderão ser eliminados definitivamente pela RiseSmart aquando da rescisão da conta do Utilizador à sua discrição. Se a RiseSmart terminar a conta do Utilizador sem causa e o Utilizador se tiver inscrito para um serviço que implique o pagamento de uma taxa, caso aplicável (excluindo uma Interação de Empresa Cliente), a RiseSmart restituirá a parte proporcional, não utilizada de qualquer montante que o Utilizador tenha pago previamente à RiseSmart por tal Serviço. Contudo, todos os direitos a pagamento acumulados e os termos da secção 4-12 perdurarão para além da rescisão dos presentes TOS.
7. LIMITAÇÕES DE RESPONSABILIDADE.
O SERVIÇO, INCLUINDO O SITE, OS CONTEÚDOS (INCLUINDO, SEM LIMITAÇÃO, ANÚNCIOS DE EMPREGO E DESENVOLVIMENTO DE CARREIRA, RECOMENDAÇÕES E ANALÍTICA) E TODOS OS COMPONENTES DE SERVIDOR E REDE SÃO FORNECIDOS “CONFORME ESTÃO” E “CONFORME DISPONÍVEIS” SEM QUAISQUER GARANTIAS DE QUALQUER TIPO, E A RISESMART RENUNCIA EXPRESSAMENTE QUAISQUER E TODAS AS GARANTIAS, SEJAM ELAS EXPRESSAS OU IMPLÍCITAS, INCLUINDO, MAS NÃO LIMITADO A, AS GARANTIAS IMPLÍCITAS DE COMERCIABILIDADE, TÍTULO, APTIDÃO PARA UMA FINALIDADE ESPECÍFICA E NÃO INFRAÇÃO. O UTILIZADOR ACEITA QUE A RISESMART NÃO GARANTE QUE O SERVIÇO SERÁ ININTERRUPTO, PONTUAL, SEGURO, ISENTO DE ERROS OU DE VÍRUS, E NENHUMA INFORMAÇÃO, ACONSELHAMENTO OU SERVIÇOS OBTIDOS PELO UTILIZADOR DA RISESMART OU ATRAVÉS DO SERVIÇO IRÃO CONSTITUIR QUALQUER GARANTIA NÃO EXPRESSAMENTE IDENTIFICADA NOS PRESENTES TOS. SEM LIMITAR THE GENERALIDADE DO EXPOSTO SUPRA, SE O UTILIZADOR FOR CANDIDATO A EMPREGO OU CANDIDATO A DESENVOLVIMENTO DE CARREIRA, (A) O UTILIZADOR ACEITA QUE OS ANÚNCIOS DE EMPREGO QUE A RISESMART POSSA PUBLICAR NUMA CONTA DO UTILIZADOR SÃO RECEBIDOS DE TERCEIROS SEM QUALQUER ANÁLISE E (B) A RISESMART NÃO GARANTE QUE QUAISQUER ANÚNCIOS DE EMPREGO OU OUTRAS INFORMAÇÕES SEJAM CORRETAS OU LEGÍTIMAS, QUE O UTILIZADOR CONSIGA OBTER EMPREGO OU DESENVOLVIMENTO DE CARREIRA AO USAR O SERVIÇO, OU QUE QUALQUER EMPREGO OU DESENVOLVIMENTO DE CARREIRA QUE O UTILIZADOR ENCONTRE AO USAR O SERVIÇO SEJA ADEQUADO ÀS NECESSIDADES DO UTILIZADOR OU APROPRIADO PARA O UTILIZADOR. Em nenhum caso, a RiseSmart responsabilizar-se-á de alguma forma por quaisquer conteúdos ou materiais de quaisquer terceiros (incluindo utilizadores), incluindo, mas não limitado a, por quaisquer erros ou omissões em quaisquer conteúdos, ou por qualquer perda ou danos de algum tipo incorridos em resultado do uso de quaisquer desses conteúdos. O Utilizador reconhece que a RiseSmart não filtra os conteúdos previamente, mas que a RiseSmart e os seus mandatários tem o direito (mas não a obrigação) à sua discrição exclusiva de rejeitar ou remover quaisquer conteúdos que estejam disponíveis através do Serviço. O Utilizador concorda que deve avaliar e assumir todos os riscos associados ao uso de quaisquer conteúdos, incluindo qualquer dependência da precisão, integralidade ou utilidade desses conteúdos.
8. LIMITAÇÃO DA RESPONSABILIDADE CIVIL
8.1 EM NENHUM CASO E NENHUM REGIME JURÍDICO (QUER SEJA POR CONTRATO, ATO ILÍCITO OU DE OUTRA FORMA) IRÁ A RISESMART RESPONSABILIZAR-SE PERANTE O UTILIZADOR OU QUALQUER TERCEIRO POR
(A) QUAISQUER INDIRETOS, ACIDENTAIS, ESPECIAIS ECONÓMICOS, EXEMPLIFICATIVOS, CONSEQUENCIAIS OU PUNITIVOS, INCLUINDO PERDA DE LUCROS, PERDA DE VENDAS OU NEGÓCIO, PERDA DE DADOS OU INTERRUPÇÃO DA ATIVIDADE COMERCIAL, OU
(B) POR QUAISQUER DANOS DIRETOS, DESPESAS, PERDAS OU RESPONSABILIDADES PARA ALÉM DAS TAXAS ATUALMENTE PAGAS PELO UTILIZADOR NOS SEIS (6) MESES ANTERIORES AO EVENTO QUE RESULTOU NA ALEGAÇÃO DO UTILIZADOR OU, NÃO HAVENDO TAXAS APLICÁVEIS, CEM (100) DÓLARES NORTE-AMERICANOS. DÓLARES. AS DISPOSIÇÕES DA PRESENTE SECÇÃO ATRIBUEM OS RISCOS INERENTES AOS PRESENTES TOS ENTRE AS PARTES, E AS PARTES BASEARAM-SE NESTAS LIMITAÇÕES PARA DETERMINAR SE VINCULAR-SE AOS PRESENTES TOS.
8.2 Alguns estados não permitem a limitação ou exclusão de garantias implícitas ou limitação de responsabilidade civil nos acidentais ou consequenciais, de forma que algumas das limitações supra nas Secções 7 (Limitações de Responsabilidade) e 8 (Limitação de Responsabilidade Civil) poderão não aplicar-se ou ser implementáveis em relação ao Utilizador. NESTES ESTADOS, A RESPONSABILIDADE DA RISESMART LIMITA-SE A À MAIOR EXTENSÃO PERMITIDA PELA LEI. SE UTILIZADOR FOR DA NOVA JÉRSIA, AS SECÇÕES 7 (LIMITAÇÕES DE RESPONSABILIDADE) E 8 (LIMITAÇÃO DE RESPONSABILIDADE CIVIL) TÊM POR OBJETIVO SEREM TO BE PENAS TÃO LATOS COMO PERMITEM AS LEIS DA NOVA JÉRSIA. SE QUALQUER PARTE DAS PRESENTES SECÇÕES FOR CONSIDERADA INVÁLIDA SEGUNDO AS LEIS DA NOVA JÉRSIA, A INVALIDADE DESSA PARTE NÃO AFETARÁ A VALIDADE DAS RESTANTES PARTES DA SECÇÃO APLICÁVEL.
9. Indemnização.
O Utilizador concorda em defender, indemnizar e proteger a RiseSmart de e contra quaisquer pretensões, ações ou exigências, incluindo sem restrições taxas legais e contabilísticas razoáveis que resultem da violação dos presentes TOS pelo Utilizador, de quaisquer Conteúdos do Utilizador, ou de outro acesso, contribuição para, uso ou abuso do Serviço por parte do pelo Utilizador. A RiseSmart notificará o Utilizador de qualquer pretensão, ação jurídica ou exigência desse género. A RiseSmart reserva o direito de assumir a defesa e o controlo exclusivos de qualquer assunto que esteja sujeito a indemnização nos termos da presente secção. Num caso destes, o Utilizador aceita colaborar em quaisquer pedidos razoáveis para assistir a RiseSmart na defesa em tal assunto. Não obstante o exposto supra, o Utilizador não terá qualquer obrigação de indemnizar, defender ou proteger a RiseSmart de ou contra quaisquer alegações, ações jurídicas ou exigências na medida que resultem de qualquer ação ou omissão de ação da RiseSmart.
10. Atribuição.
O Utilizador não pode atribuir os presentes TOS sem o consentimento prévio por escrito da RiseSmart, mas a RiseSmart pode atribuir ou transferir os presentes TOS, na íntegra ou em parte, sem restrição.
11. Direito Aplicável.
Os presentes TOS regem-se pelo direito do Estado da Califórnia independentemente dos princípios dos conflitos de direito. Exceto quando por outra opção escolhida pela RiseSmart para um caso específico, o Utilizador aceite pela presente expressamente vincular-se à jurisdição pessoal exclusiva dos tribunais federais e estatais do Estado da Califórnia para a resolução de qualquer litígio relacionado com o acesso ou uso do Serviço por parte do Utilizador.
12. DMCA.
A Digital Millennium Direitos de autor Act (a “DMCA”, Lei dos Direitos Autorais do Milénio Digital) de 1998 proporciona recursos a detentores de direitos de autor que existam materiais na Internet que infrinjam os seus direitos ao abrigo dos direitos de autor norte-americanos. A RiseSmart irá processar e investigar prontamente notificações de infração alegada e tomará medidas adequadas ao abrigo da DMCA e outras leis de propriedade intelectual aplicáveis em relação a qualquer infração alegada ou factual. Uma notificação de alegada infração de direitos de autor deve ser enviada por e-mail para o Responsável de Direitos de Autor da RiseSmart através do endereço user.support@risesmart.com (assunto: “DMCA Takedown Request”). O Utilizador poderá também contactar a RiseSmart por correio:
A/C: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
Aviso: Para vigorar, a notificação deve ser enviada por escrito e conter as seguintes informações:
- assinatura eletrónica ou física da pessoa autorizada a agir em nome do detentor dos direitos de autor ou outros interesses de propriedade intelectual;
- descrição da obra com direitos de autor ou outra propriedade intelectual que o Utilizador alega terem sido infringidos;
- descrição da localização do material que o Utilizador alega ser infrator no Site, com pormenor suficiente para a RiseSmart poder encontrá-lo no Site;
- morada, número de telefone e endereço de e-mail do Utilizador;
- declaração do Utilizador de que acredita em boa-fé que o uso contestado não foi autorizado pelo detentor dos direitos de autor ou da propriedade intelectual, pelo seu agente ou pela lei;
- declaração do Utilizador, efetuada sob pena de perjúrio, de que as informações supra no aviso do Utilizador são corretas e que o Utilizador é o detentor dos direitos de autor ou de propriedade intelectual ou está autorizado a agir em nome do detentor dos direitos de autor ou de propriedade intelectual.
13. 1. Aplicações de software compatíveis com Apple.
A RiseSmart oferece aplicações de software destinadas ao funcionamento relacionado com produtos criados para fins comerciais disponibilizados pela Apple Inc. (“Apple”), entre outas plataformas. Relativamente a Software que é disponibilizado para esse uso em relação a um produto da marca Apple (tal Software, “Software Compatível com Apple”), para além dos outros termos e condições definidos nos presentes TOS, aplicam-se os seguintes termos e condições:
- A RiseSmart e o Utilizador reconhecem que os presentes TOS se aplicam apenas entre a RiseSmart e o Utilizador, e não com a Apple, e que, entre a RiseSmart e a Apple, é a RiseSmart, e não a Apple, a única responsável pelo Software Compatível com Apple e os conteúdos do mesmo.
- O Utilizador não pode usar o Software Compatível com Apple de um modo que infrinja ou seja inconsistente com as Regras de Utilização definidas para o Software Compatível com Apple nos Termos de Serviço da App Store, nem poderá estar de outro modo em conflito com os mesmos.
- A licença do Utilizador para usar o Software Compatível com Apple limita-se a uma licença não transferível para usar o Software Compatível com Apple num Produto iOS que o Utilizador possua ou controle, conforme permitido pelas Regras de Utilização definidas nos Termos de Serviço da App Store.
- A Apple não tem qualquer obrigação de fornecer quaisquer serviços de manutenção ou suporte em relação ao Software Compatível com Apple.
- A Apple não é responsável por quaisquer garantias de produto, sejam elas expressas ou implícitas por lei. No caso de o Software Compatível com Apple não estar em conformidade com qualquer garantia aplicável, o Utilizador poderá notificar a Apple, e a Apple restituirá ao Utilizador o preço de aquisição do Software Compatível com Apple, caso exista; e, até à máxima extensão permitida pela lei aplicável, a Apple não terá qualquer outra obrigação de garantia em relação ao Software Compatível com Apple, ou quaisquer outras reivindicações, perdas, responsabilidades, danos, custos ou despesas atribuíveis a qualquer inconformidade com qualquer garantia, que será da responsabilidade exclusiva da RiseSmart, desde que não possa ser renunciada ao abrigo da lei aplicável.
- A RiseSmart e o Utilizador reconhecem que a RiseSmart, e não a Apple, é responsável por resolver quaisquer alegações do Utilizador ou de qualquer terceiro relacionadas com o Software Compatível com Apple ou a posse e/ou uso desse Software Compatível com Apple por parte do Utilizador, incluindo, mas não limitado a:
(i) reivindicações de responsabilidade de um produto;
(ii) qualquer alegação de o Software Compatível com Apple não estar em conformidade com qualquer requisito legal ou regulamentar aplicável; e
(iii) reivindicações resultantes de leis de proteção do consumidor ou semelhantes.
No caso de um terceiro alegar que o Software Compatível com Apple ou a posse e o uso desse Software Compatível com Apple por parte do utilizador final infringe os direitos de propriedade intelectual desse terceiro, entre a RiseSmart e a Apple, é a RiseSmart e não a Apple que é o único responsável pela investigação, defesa, resolução e anulação de tal alegação de infração de propriedade intelectual.
- O Utilizador declara e garante que
(i) não está localizado num país country sujeito a um embargo do Governo dos EUA ou que tenha sido designado pelo Governo dos EUA como país “apoiante do terrorismo”; e
(ii) não se encontra identificado em qualquer lista do Governo dos EUA de entidades proibidas ou restritas.
- Quais perguntas, reclamações ou reivindicações que o Utilizador tenha em relação ao Software Compatível com Apple, deverão ser enviadas para a RiseSmart da seguinte forma:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
A RiseSmart e o Utilizador reconhecem e aceitam que a Apple e as subsidiárias da Apple são beneficiários terceiros dos presentes TOS em relação ao Software Compatível com Apple, e que, após aceitação dos termos e condições dos presentes TOS por parte do Utilizador, a Apple terá o direito (e considerar-se-á que aceitou direito) de aplicar os presentes TOS contra o Utilizador em relação ao Software Compatível com Apple como beneficiário terceiro do mesmo.
- Veja mais em: http://www.risesmart.com/terms-condições#sthash.IZMwxrh4.dpuf
14. Ligações a Outros Sites.
O Serviço poderá conter ligações a sites externos. Estas ligações são fornecidas unicamente para conveniência do Utilizador e não como aval da RiseSmart desses conteúdos em tais sites externos. A RiseSmart não se responsabiliza pelos conteúdos de sites externos nas suas ligações e não fornece quaisquer promessas relativamente aos conteúdos ou precisão dos materiais nesses sites externos. Se o Utilizador optar por aceder a sites externos através das ligações, fá-lo-á por sua própria conta e risco.
15. Dispositivos Móveis.
Se o Utilizador usar o Serviço através de um dispositivo móvel, aceita que informações sobre o seu uso do Serviço através do seu dispositivo móvel e da sua operadora poderão ser comunicadas à RiseSmart, incluindo mas não limitado à sua operadora de rede móvel, o seu dispositivo móvel ou a sua localização física. Para além disso, o uso do Serviço através de um dispositivo móvel poderá fazer com que dados sejam apresentados no e através do dispositivo móvel do Utilizador. Ao aceder ao Serviço através de um dispositivo móvel, o Utilizador declara que, ao importar quaisquer dados seus da RiseSmart para o seu dispositivo móvel, que está autorizado a partilhar os dados transferidos com a sua operadora de rede móvel ou outro fornecedor de acesso. No caso de alterar ou desativar o seu dispositivo móvel/conta de rede móvel, o Utilizador deverá assegurar que a sua conta (e quaisquer mensagens relacionadas (conforme aplicável)), não sejam acedidas por outros (ou enviadas para outros), assumindo plena responsabilidade se não o fizer. O Utilizador reconhece que é responsável por todas as taxas e permissões necessárias relacionadas com o acesso ao Serviço através do seu dispositivo móvel e fornecedor de rede móvel. Como tal, o Utilizador deverá solicitar ao fornecedor os termos desses serviços para o seu dispositivo móvel específico. Ao usar qualquer aplicação transferível para possibilitar esse uso do Serviço, o Utilizador confirma explicitamente a sua aceitação dos termos do Contrato de Licença de Utilizador Final associado à aplicação fornecida durante a transferência ou instalação, ou conforme atualizado periodicamente.
Entra em vigor a 18 de janeiro de 2019
POLÍTICA DE PRIVACIDADE DA RISESMART
Effective October 8th 2019
DownloadTable of Contents
POLÍTICA DE PRIVACIDADE DA RISESMART
A RiseSmart, Inc. e a suas afiliadas (designada coletivamente de “RiseSmart”) fornece o seu Serviço (conforme definido infra) ao Utilizador através de sites controlados pela RiseSmart (incluindo, sem restrições, o site situado em http://www.RiseSmart.com) (coletivamente, o “Site”), sujeito aos presentes Termos de Serviço (localizados em http://www.RiseSmart.com/terms-conditions) (os “TDS”) e a presente Política de Privacidade. O “Serviço” incluindo
- o Site,
- os serviços de recolocação e gestão de carreira da RiseSmart, e outros serviços relacionados (incluindo serviços de gestão de arquivos e analítica), e tecnologias relacionadas, e
- todo o software (incluindo o Software, conforme definido infra), materiais, portais, recomendações, anúncios de emprego, dados, relatórios, texto, imagens, sons, vídeo, analítica e outros conteúdos disponibilizados através de qualquer um dos meios referidos supra (designados coletivamente de “Conteúdos”).
A RiseSmart é o controlador de dados para todas as informações recolhidas e processadas através do serviço. Qualquer novas funcionalidades adicionadas a ou que aumentem o serviço estão igualmente sujeitos aos presentes TOS e a presente Política de Privacidade. A presente Política de Privacidade estabelece a política da RiseSmart relativamente a dados que permitam a identificação pessoal (“Dados Pessoais”) e outras informações que são recolhidas, transmitidas e de outro modo usadas em relação ao serviço. Os dados anônimos, que poderão ser recolhidos durante o uso do serviço por parte do Utilizador, não estão incluidos nos “Dados Pessoais.”
Consentimento do Utilizador
Ao fornecer à RiseSmart voluntariamente Dados Pessoais ou usar o serviço de outro modo, o Utilizador aceita e consente com o fato de a RiseSmart recolher, transmitir e usar os Dados Pessoais e outras informações do Utilizador conforme resumido abaixo na presente Política de Privacidade e quaisquer outros avisos que a RiseSmart possa fornecer ao Utilizador periodicamente em relação ao serviço. O Utilizador tem o direito de revogar este consentimento e solicitar que as informações que forneceu à RiseSmart sejam eliminadas.
Dados Pessoais Recebidos do Utilizador
Se o Utilizador optar por usar o serviço, a RiseSmart poderá pedir e exigir ao Utilizador que forneça Dados Pessoais diretamente à RiseSmart. A RiseSmart poderá receber do Utilizador:
o seu nome, título do seu cargo atual ou recente, nome da empresa, números de telefone, endereço, endereço de e-mail e outras informações de identificação ou contato;
histórico de emprego do Utilizador e outras experiências, escolaridade e formação, outras qualificações, objetivos de emprego, expectativas salariais, interesses e outras informações de carreira e biográficas;
informações sobre o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira; e
informações sobre a satisfação dos clientes do Utilizador ou outro feedback sobre o desenvolvimento de carreira do Utilizador, a pesquisa de emprego do Utilizador e o Serviço.
Para além disso, quando o Utilizador interage com a RiseSmart através do Serviço, a RiseSmart poderá recolher outros Dados Pessoais e informações do Utilizador quando o Utilizador fornecer tais informações voluntariamente, tal como quando o Utilizador
contactar a RiseSmart com perguntas ou responder a um dos inquéritos da RiseSmart.
Será pedido ao Utilizador que forneça os seus Dados Pessoais através de diferentes canais em relação ao Serviço, incluindo através da ativação da sua conta para o Serviço, quer via registro online ou em papel, do seu currículo, de listas de verificação e questionários que o Utilizador preencha para a RiseSmart, sessões de formação e aconselhamento, debates, troca de e-mail e outros canais. O Serviço poderá também recolher o endereço IP (Protocolo da Internet) do Utilizador.
Para a conta web pessoal que o Utilizador poderá estabelecer no Serviço, a RiseSmart poderá pedir ao Utilizador para estabelecer um nome de usuário exclusivo, uma palavra-chave e pergunta de segurança e usar estas informações de início de sessão para entrar na sua conta. O Utilizador aceita proteger o sigilo das informações de nome de utilizador, palavra-chave e pergunta de segurança do Utilizador, e se o Utilizador não guardar esse sigilo, o Utilizador será plenamente responsável por qualquer uso, roubo, modificação, uso incorreto, divulgação ou outra perda resultantes relacionadas com os Dados Pessoais ou outras informações do Utilizador.
O Utilizador tem o direito de solicitar acesso aos dados que optou por fornecer à RiseSmart. Os pedidos de acesso podem ser enviados para user.support@risesmart.com. A RiseSmart responderá aos pedidos de acesso num prazo de 30 dias.
Dados Pessoais Recebidos de uma Empresa Cliente
O Utilizador reconhece que um empresa cliente da RiseSmart poderá interagir com a RiseSmart para dar assistência
- a colaboradores atuais e/ou antigos do cliente empresarial, que tenham cessado
ou venham a cessar as suas funções no empresa cliente, na sua procura de emprego através do Serviço (“Assistência à Recolocação”) ou
- colaboradores atuais do cliente da empresa com desenvolvimento de carreira através do Serviço (“Assistência ao Desenvolvimento de Carreira”), ((a) e (b) designados coletivamente de “Interações de Empresa Cliente”). Nas Interações de Empresa Cliente, a RiseSmart recebe da empresa cliente uma lista de pessoas elegíveis para o Serviço. Se o Utilizador for elegível, a lista da empresa cliente poderá incluir o nome do Utilizador, a designação do seu cargo atual ou recente, endereço, número de telefone, endereço de e-mail, departamento ou unidade de negócio e outros Dados Pessoais.
A RiseSmart processa os dados do Utilizador desta forma para o seu interesse legítimo em fornecer ao Utilizador um serviço disponibilizado pelo empregador, atual, ou anterior do mesmo. A RiseSmart usa os Dados Pessoais recebidos de empresas cliente apenas para contactar participantes elegíveis.
Transferências Internacionais de Dados Pessoais
Se o Utilizador ou a empresa cliente fornecerem Dados Pessoais em relação ao Serviço, o Utilizador reconhece e aceita que esses Dados Pessoais poderão ser transferidos da localização atual do Utilizador ou da empresa cliente para os escritórios e servidores da RiseSmart e dos terceiros autorizados, referidos no presente documento localizados nos Estados Unidos ou outros países.
Outras Informações e Uso de Cookies
Quando o Utilizador interage com RiseSmart através do Serviço, a RiseSmart recebe e armazena determinadas informações que não permitem uma identificação pessoal.
Tais informações, que são recolhidas passivamente através de diversas tecnologias,
não podem atualmente ser usadas para identificar o Utilizador concretamente. Para além disso, o Serviço poderá recolher outras informações que não permitem uma identificação pessoal como parte da funcionalidade do Serviço (por exemplo, o levantamento de respostas a questionários que não contêm informações que permitam uma identificação pessoal). A RiseSmart poderá armazenar essas informações ela própria ou essas informações poderão ser incluídas em bases de dados detidas e mantidas por agentes ou fornecedores de serviço da RiseSmart. O Serviço poderá usar essas informações e agregá-las com outras informações para monitorizar, por exemplo, o número total de visitantes no Site ou Serviço, o número de visitantes em cada página do Site ou Serviço e os nomes de domínio dos fornecedores de serviços, internet dos visitantes da RiseSmart. É importante notar que não estão disponíveis nem são usados Dados Pessoais neste processo, exceto quando o Utilizador ou a empresa cliente fornecer as voluntariamente, conforme definido supra.
Ao operar o Serviço, a RiseSmart poderá usar uma tecnologia chamada "cookies". Um cookie contém informações que o computador que aloja o Serviço fornece ao browser do Utilizador quando esse acessa ao Serviço. Os cookies da RiseSmart ajudam a fornecer funcionalidade adicional ao Serviço e ajudam a RiseSmart a analisar a utilização do Serviço de forma mais concisa. Por exemplo, o Serviço poderá definir um cookie no browser do Utilizador que permite ao Utilizador acessar ao Serviço sem ter que introduzir uma palavra-chave, mais do que uma vez durante a sua visita ao Serviço. Em todos os casos em que a RiseSmart usa cookies, a RiseSmart não irá recolher dados pessoais, exceto com a permissão do Utilizador.
A RiseSmart poderá ( permitir fornecedores de serviço externos) usar tais cookies ou tecnologias semelhantes para recolher informações sobre as atividades de navegação do Utilizador ao longo do tempo e em diferentes sites, ao seguir o uso por parte do Utilizador do Serviço. O nosso Serviço não responde atualmente a sinais DNT (Do Not Track - Não Controlar) e funciona conforme descrito na presente Política de Privacidade, quer um sinal DNT seja recebido ou não. Se a RiseSmart o fizer no futuro, será incluída uma descrição de como o fará, na presente
Política de Privacidade.
Partilha de Informações com Empresas Cliente
Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência à Recolocação, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e o estado atual do uso do Serviço pelo Utilizador, o volume do seu uso do Serviço, o seu progresso por etapas e o seu estado atual na procura de emprego, a satisfação dos seus clientes ou outro feedback relacionado com o Serviço, de forma individual para cada caso ou de um modo agregado. Periodicamente, a RiseSmart poderá disponibilizar ao Utilizador ferramentas para permitir que o mesmo ajuste os Dados de Progresso de Recolocação para os quais a RiseSmart tem permissão para compartilhar com a empresa cliente. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência ao Desenvolvimento de Carreira, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e indicaram o estado atual do uso do Serviço pelo Utilizador, o âmbito do seu uso do Serviço, o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira, a satisfação dos seus clientes ou outro feedback relacionados com o Serviço, de forma individual para cada caso ou de um modo agregado. Periodicamente, a RiseSmart poderá disponibilizar ao Utilizador ferramentas para permitir que o mesmo ajuste os Dados de Progresso de Desenvolvimento de Carreira para os quais a RiseSmart tem permissão para compartilhar com a empresa cliente. Se o Utilizador tiver perguntas ou questões relativamente aos Dados de Progresso de Recolocação ou Dados de Progresso de Assistência à Carreira que a RiseSmart possa compartilhar com a empresa cliente, deverá contactar user.support@risesmart.com (ver informações infra).
Outros Usos e Compartilhamento dos Dados do Utilizador
No âmbito do Serviço, a RiseSmart poderá recolher, transmitir e usar os Dados
Pessoais e outras informações do Utilizador para o fim de fornecer o Serviço ao Utilizador, incluindo sem limitação para determinar a assistência específica que o Utilizador pretende obter do Serviço e, se o Utilizador for candidato a emprego, para fornecer ao Utilizador anúncios de emprego, formação de pesquisa de emprego, assistência na redação de currículos e/ou outra assistência. A RiseSmart poderá também usar os Dados Pessoais e outras informações do Utilizador
- para identificar e autenticar o Utilizador, por exemplo, para o acesso do Utilizador à sua conta do Serviço e a sua comunicação com colaboradores da RiseSmart, ou
- internamente para escalação ou ajuste atividade do Serviço da RiseSmart para a conta do Utilizador, reportar o desempenho do Serviço internamente à administração da RiseSmart, realizar ações de formação interna e gerir de outro modo a atividade da RiseSmart.
Para além disso, se o Utilizador fornecer Dados Pessoais ou outras informações por uma determinada razão, a RiseSmart poderá usar os Dados Pessoais ou outras informações em relação à razão para a qual foram fornecidos. Por exemplo, se o Utilizador contactar RiseSmart por e-mail, a RiseSmart irá usar os Dados Pessoais que o Utilizador fornecer para responder à pergunta do Utilizador ou resolver o seu problema.
A RiseSmart poderá também usar e compartilhar os Dados Pessoais e outras informações do Utilizador recolhidas através do Serviço, da seguinte forma:
A RiseSmart poderá usar os Dados Pessoais e outras informações do Utilizador para ajudar a RiseSmart a melhorar o Conteúdo e a funcionalidade do Serviço, compreender melhor os utilizadores da RiseSmart e melhorar o Serviço.
À medida que a RiseSmart desenvolve o seu negócio, a RiseSmart poderá vender ou adquirir empresas ou recursos. No evento de uma venda de empresa, de uma fusão, reorganização, dissolução ou semelhante evento, os Dados Pessoais e outras informações poderão fazer parte dos recursos transferidos.
A RiseSmart poderá compartilhar os Dados Pessoais e outras informações do Utilizador com os afiliados da RiseSmart para fins consistentes, com a presente Política de Privacidade.
Como muitas empresas, a RiseSmart interage pontualmente com outras empresas para a realização de determinadas funções relacionadas com a sua atividade, incluindo funções analíticas. Quando a RiseSmart interage com outra empresa para a realização de uma função em seu nome, a RiseSmart poderá fornecer a essa empresa Dados Pessoais e outras informações do Utilizador até à extensão necessária ou útil para que a empresa possa realizar a sua função específica. Estes fornecedores de serviço incluem empresas que alojam os nossos servidores, fornecem as nossas ferramentas para a administração de clientes, fornecem ferramentas de comunicação e fornecem serviços para ajudar a detectar e previnir fraudes.
A RiseSmart poderá divulgar os Dados Pessoais e outras informações do Utilizador se for obrigada a tal por lei ou na crença de boa-fé de que tal ação é necessária para
- observar uma obrigação jurídico,
- proteger e defender os direitos ou a propriedade da RiseSmart,
- agir em circunstâncias urgentes para proteger a segurança pessoal de utilizadores do Serviço ou o público, ou
- proteger de responsabilidade jurídica.
Dados Pessoais Agregados
Como parte de um esforço contínuo para compreender e servir melhor os utilizadores do Serviço, a RiseSmart realiza com frequência estudos da demografia, interesses, resultados e comportamento dos seus utilizadores com base nos Dados Pessoais e outras informações fornecidos à RiseSmart. Estes estudos e outros indicadores ou análises do comportamento, resultados, ou críticas dos utilizadores poderão ser compilados e analisados de forma agregada, e a RiseSmart poderá compartilhar estes dados agregados com os seus afiliados, agentes e parceiros comerciais. Estes dados agregados não identificam o Utilizador pessoalmente. A RiseSmart poderá também divulgar estatísticas agregadas sobre os utilizadores para descrever os serviços da RiseSmart a parceiros comerciais atuais e potenciais, e a outros terceiros para outros fins legítimos.
Gestão das Informações
A RiseSmart poderá receber ou introduzir todos os Dados Pessoais ou outras informações do Utilizador em forma digital. A RiseSmart poderá combinar todos os Dados Pessoais e outras informações de ou sobre o Utilizador num único registro de base de dados proprietário, e poderá armazená-los em servidores alojados nos Estados Unidos ou em outros países. O Utilizador tem o direito de assegurar que os Dados Pessoais que RiseSmart possui sobre o Utilizador estejam corretos. Para assegurar esse direito, a RiseSmart poderá pedir e exigir que o Utilizador confira o resumo dos Dados Pessoais e outras informações do Utilizador na sua conta, e confirme ou corrija as informações.
Os colaboradores da RiseSmart poderão acessar à conta do Utilizador online,
determinar necessidades itens de ação e, se o Utilizador for candidato a emprego, publicar anúncios de emprego na conta do Utilizador a partir de qualquer localização de escritório, em viagem ou de trabalho.
A RiseSmart toma medidas razoáveis para proteger os Dados Pessoais e outras informações fornecidos através do Serviço de perda, uso incorreto e acesso não autorizado, divulgação, modificação ou destruição. Contudo, não existem transmissões pela Internet ou por e-mail que sejam totalmente seguras ou isentas de erros. Especialmente, as transmissões por e-mail ou outros meios para ou pelo Serviço poderão não ser seguras. Como tal, o Utilizador deverá ponderar atentamente quando escolher o tipo de informações que enviar à RiseSmart por e-mail ou qualquer outro meio de transmissão.
Ligações a Outros Sites
A presente Política de Privacidade aplica-se apenas ao Serviço. O Serviço poderá conter ligações a sites externos. As políticas e procedimentos aqui descritas não se aplicam aos Sites Externos. As ligações a partir do Serviço não implicam que a RiseSmart aprove ou tenha revisto os sites externos. A RiseSmart sugere contactar esses sites diretamente para informações sobre as suas políticas de privacidade.
Informações Públicas
Se o Utilizador fornecer quaisquer dados pessoais não solicitados à RiseSmart através do Serviço ou através de qualquer outro meio, por exemplo, ao publicar informações em áreas públicas do Serviço, essas informações não solicitadas consideram-se não confidenciais. A RiseSmart poderá reproduzir, usar, divulgar e distribuir tais informações não solicitadas a outros sem limitação ou atribuição. Quaisquer informações publicadas numa área pública poderão ser acedidas e guardadas por qualquer pessoa no mundo que tenha acesso ao site.
Menores
A RiseSmart não se destina a, e a RiseSmart não recolhe informações de, menores de 13 anos.
Alterações à presente Política de Privacidade
O Serviço e a atividade da RiseSmart poderão mudar periodicamente. Como tal, por vezes poderá ser necessário que a RiseSmart faça alterações à presente Política de Privacidade. A RiseSmart reserva o direito de atualizar ou modificar a presente Política de Privacidade em qualquer altura e periodicamente sem aviso prévio. O Utilizador deve conferir a presente política periodicamente, nomeadamente antes de fornecer quaisquer Dados Pessoais. A presente Política de Privacidade foi atualizada pela última vez à data indicada infra. O uso contínuo do Serviço por parte do Utilizador após quaisquer alterações ou revisões da presente Política de Privacidade indicará que o Utilizador concorda com os termos da Política de Privacidade revista.
Contactar a RiseSmart
Para assegurar que os Dados Pessoais do Utilizador sejam corretos, atuais e completos, o Utilizador deve contactar a RiseSmart conforme especificado infra. A RiseSmart tomará as medidas razoáveis para atualizar ou corrigir os Dados Pessoais na sua posse que o Utilizador tenha submetido anteriormente através do Serviço.
No caso de o Utilizador ter problemas ou perguntas relacionadas com a presente Política de Privacidade ou assuntos de privacidade relacionados, poderá contactar o responsável da RiseSmart pela privacidade através da seguinte endereço:
Privacy Office RiseSmart Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113 - EUA
E-mail: user.support@risesmart.com
Os utilizadores no Espaço Econômico Europeu (EEE) e na Suíça têm o direito de apresentar uma queixa à autoridade supervisora para a proteção de dados no seu país.
Entra em vigor em 18 de janeiro de 2019
Effective August 30th 2019 to October 8th 2019
DownloadTable of Contents
POLÍTICA DE PRIVACIDADE DA RISESMART
A RiseSmart, Inc. e a suas afiliadas (designada coletivamente de “RiseSmart”) fornece o seu Serviço (conforme definido infra) ao Utilizador através de sites controlados pela RiseSmart (incluindo, sem restrições, o site situado em http://www.RiseSmart.com) (coletivamente, o “Site”), sujeito aos presentes Termos de Serviço (localizados em http://www.RiseSmart.com/terms-conditions) (os “TDS”) e a presente Política de Privacidade. O “Serviço” incluindo
(a) o Site,
(b) os serviços de recolocação e gestão de carreira da RiseSmart, e outros serviços relacionados (incluindo serviços de gestão de ficheiros e analítica), e tecnologias relacionadas, e
(c) todo o software (incluindo o Software, conforme definido infra), materiais, portais, recomendações, anúncios de emprego, dados, relatórios, texto, imagens, sons, vídeo, analítica e outros conteúdos disponibilizados através de qualquer um dos meios referidos supra (designados coletivamente de “Conteúdos”).
A RiseSmart é o controlador de dados para todas as informações recolhidas e processadas através do Serviço. Quaisquer novas funcionalidades adicionadas a ou que alarguem o Serviço estão igualmente sujeitos aos presentes TOS e à presente Política de Privacidade. A presente Política de Privacidade estabelece a política da RiseSmart relativamente a dados que permitam a identificação pessoal (“Dados Pessoais”) e outras informações que são recolhidas, transmitidas e de outro modo usadas em relação ao Serviço. Os dados anónimos, que poderão ser recolhidos durante o uso do Serviço por parte do Utilizador, não estão incluídos nos “Dados Pessoais.”
Consentimento do Utilizador
Ao fornecer à RiseSmart voluntariamente Dados Pessoais ou usar o Serviço de outro modo, o Utilizador aceita e consente com o facto de a RiseSmart recolher, transmitir e usar os Dados Pessoais e outras informações do Utilizador conforme resumido abaixo na presente Política de Privacidade e quaisquer outros avisos que a RiseSmart possa fornecer ao Utilizador periodicamente em relação ao Serviço. O Utilizador tem o direito de revogar este consentimento e solicitar que as informações que forneceu à RiseSmart sejam eliminadas.
Dados Pessoais Recebidos do Utilizador
Se o Utilizador optar por usar o Serviço, a RiseSmart poderá pedir e exigir ao Utilizador que forneça Dados Pessoais diretamente à RiseSmart. A RiseSmart poderá receber do Utilizador:
- o seu nome, designação do seu cargo atual ou recente, nome da empresa, números de telefone, morada, endereço de e-mail e outras informações de identificação ou contacto;
- historial de emprego do Utilizador e outras experiências, escolaridade e formação, outras qualificações, objetivos de emprego, expetativas salariais, interesses e outras informações de carreira e biográficas;
- informações sobre o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira; e
- informações sobre a satisfação dos clientes do Utilizador ou outro feedback sobre o desenvolvimento de carreira do Utilizador, a pesquisa de emprego do Utilizador e o Serviço.
Para além disso, quando o Utilizador interage com a RiseSmart através do Serviço, a RiseSmart poderá recolher outros Dados Pessoais e informações do Utilizador quando o Utilizador fornecer tais informações voluntariamente, tal como quando o Utilizador contactar a RiseSmart com perguntas ou responder a um dos inquéritos da RiseSmart.
Será pedido ao Utilizador que forneça os seus Dados Pessoais através de diferentes canais em relação ao Serviço, incluindo através da ativação da sua conta para o Serviço, quer via registo online ou em papel, do seu currículo, de listas de verificação e questionários que o Utilizador preencha para a RiseSmart, sessões de formação e aconselhamento, debates, troca de e-mail e outros canais. O Serviço poderá também recolher o endereço IP (Protocolo da Internet) do Utilizador.
Para a conta web pessoal que o Utilizador poderá estabelecer no Serviço, a RiseSmart poderá pedir ao Utilizador para estabelecer um nome de utilizador exclusivo, uma palavra-passe e pergunta de segurança e usar estas informações de início de sessão para aceder à sua conta. O Utilizador aceita proteger o sigilo das informações de nome de utilizador, palavra-passe e pergunta de segurança do Utilizador, e se o Utilizador não guardar esse sigilo, o Utilizador será plenamente responsável por qualquer uso, roubo, modificação, uso incorreto, divulgação ou outra perda resultantes relacionadas com os Dados Pessoais ou outras informações do Utilizador.
O Utilizador tem o direito de solicitar acesso aos dados que optou por fornecer à RiseSmart. Os pedidos de acesso podem ser enviados para user.support@risesmart.com. A RiseSmart responderá aos pedidos de acesso num prazo de 30 dias.
Dados Pessoais Recebidos de uma Empresa Cliente
O Utilizador reconhece que um empresa cliente da RiseSmart poderá interagir com a RiseSmart para dar assistência
(a) a colaboradores atuais e/ou antigos do cliente empresarial, que tenham cessado ou venham a cessar as suas funções no empresa cliente, na sua procura de emprego através do Serviço (“Assistência à Recolocação”) ou
(b) colaboradores atuais do cliente da empresa com desenvolvimento de carreira através do Serviço (“Assistência ao Desenvolvimento de Carreira”), ((a) e (b) designados coletivamente de “Interações de Empresa Cliente”). Nas Interações de Empresa Cliente, a RiseSmart recebe da empresa cliente uma lista de pessoas elegíveis para o Serviço. Se o Utilizador for elegível, a lista da empresa cliente poderá incluir o nome do Utilizador, a designação do seu cargo atual ou recente, morada, número de telefone, endereço de e-mail, departamento ou unidade de negócio e outros Dados Pessoais.
A RiseSmart processa os dados do Utilizador desta forma para o seu interesse legítimo em fornecer ao Utilizador um serviço disponibilizado ao Utilizador pelo empregador ou atual ou anterior do mesmo. A RiseSmart usa os Dados Pessoais recebidos de empresas cliente apenas para contactar participantes elegíveis.
Transferências Internacionais de Dados Pessoais
Se o Utilizador ou a empresa cliente fornecerem Dados Pessoais em relação ao Serviço, o Utilizador reconhece e aceita que esses Dados Pessoais poderão ser transferidos da localização atual do Utilizador ou da empresa cliente para os escritórios e servidores da RiseSmart e dos terceiros autorizados referidos no presente documento localizados nos Estados Unidos ou outros países.
Outras Informações e Uso de Cookies
Quando o Utilizador interage com RiseSmart através do Serviço, a RiseSmart recebe e armazena determinadas informações que não permitem uma identificação pessoal. Tais informações, que são recolhidas passivamente através de diversas tecnologias, não podem atualmente ser usadas para identificar o Utilizador concretamente. Para além disso, o Serviço poderá recolher outras informações que não permitem uma identificação pessoal como parte da funcionalidade do Serviço (por exemplo, a recolha de respostas a questionários que não contêm informações que permitam uma identificação pessoal). A RiseSmart poderá armazenar essas informações ela própria ou essas informações poderão ser incluídas em bases de dados detidas e mantidas por agentes ou fornecedores de serviço da RiseSmart. O Serviço poderá usar essas informações e agregá-las com outras informações para monitorizar, por exemplo, o número total de visitantes no Site ou Serviço, o número de visitantes em cada página do Site ou Serviço e os nomes de domínio dos fornecedores de serviços Internet dos visitantes da RiseSmart. É importante notar que não estão disponíveis nem são usados Dados Pessoais neste processo exceto quando o Utilizador ou a empresa cliente fornecer as voluntariamente, conforme definido supra.
Ao operar o Serviço, a RiseSmart poderá usar uma tecnologia chamada "cookies". Um cookie contém informações que o computador que aloja o Serviço fornece ao browser do Utilizador quando esse acede ao Serviço. Os cookies da RiseSmart ajudam a fornecer funcionalidade adicional ao Serviço e ajudam a RiseSmart a analisar a utilização do Serviço de forma mais concisa. Por exemplo, o Serviço poderá definir um cookie no browser do Utilizador que permite ao Utilizador aceder ao Serviço sem ter de introduzir uma palavra-passe mais do que uma vez durante a sua visita ao Serviço. Em todos os casos em que a RiseSmart usa cookies, a RiseSmart não irá recolher Dados Pessoais exceto com a permissão do Utilizador.
A RiseSmart poderá (e poderá permitir fornecedores de serviço externos possam) usar tais cookies ou tecnologias semelhantes para recolher informações sobre as atividades de navegação do Utilizador ao longo do tempo e em diferentes sites ao seguir o uso por parte do Utilizador do Serviço. O nosso Serviço não responde atualmente a sinais DNT (Do Not Track - Não Controlar) e funciona conforme descrito na presente Política de Privacidade, quer um sinal DNT seja recebido ou não. Se a RiseSmart o fizer no futuro, será incluída uma descrição de como o fará na presente Política de Privacidade.
Partilha de Informações com Empresas Cliente
Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência à Recolocação, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e o estado atual do uso do Serviço pelo Utilizador, o volume do seu uso do Serviço, o seu progresso por etapas e o seu estado atual na procura de emprego, a satisfação dos seus clientes ou outro feedback relacionado com o Serviço, de forma individual para cada caso ou de um modo agregado. Periodicamente, a RiseSmart poderá disponibilizar ao Utilizador ferramentas para permitir que o mesmo ajuste os Dados de Progresso de Recolocação para os quais a RiseSmart tem permissão para partilhar com a empresa cliente. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência ao Desenvolvimento de Carreira, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e indicar o estado atual do uso do Serviço pelo Utilizador, o âmbito do seu uso do Serviço, o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira, a satisfação dos seus clientes ou outro feedback relacionados com o Serviço, de forma individual para cada caso ou de um modo agregado. Periodicamente, a RiseSmart poderá disponibilizar ao Utilizador ferramentas para permitir que o mesmo ajuste os Dados de Progresso de Desenvolvimento de Carreira para os quais a RiseSmart tem permissão para partilhar com a empresa cliente. Se o Utilizador tiver perguntas ou questões relativamente aos Dados de Progresso de Recolocação ou Dados de Progresso de Assistência à Carreira que a RiseSmart possa partilhar com a empresa cliente, deverá contactar user.support@risesmart.com (ver informações infra).
Outros Usos e Partilha dos Dados do Utilizador
No âmbito do Serviço, a RiseSmart poderá recolher, transmitir e usar os Dados Pessoais e outras informações do Utilizador para o fim de fornecer o Serviço ao Utilizador, incluindo sem limitação para determinar a assistência específica que o Utilizador pretende obter do Serviço e, se o Utilizador for candidato a emprego, para fornecer ao Utilizador anúncios de emprego, formação de pesquisa de emprego, assistência na redação de currículos e/ou outra assistência. A RiseSmart poderá também usar os Dados Pessoais e outras informações do Utilizador
(a) para identificar e autenticar o Utilizador, por exemplo, para o acesso do Utilizador à sua conta do Serviço e a sua comunicação com colaboradores da RiseSmart, ou
(b) internamente para escalação ou ajuste atividade do Serviço da RiseSmart para a conta do Utilizador, reportar o desempenho do Serviço internamente à administração da RiseSmart, realizar ações de formação interna e gerir de outro modo a atividade da RiseSmart.
Para além disso, se o Utilizador fornecer Dados Pessoais ou outras informações por uma determinada razão, a RiseSmart poderá usar os Dados Pessoais ou outras informações em relação à razão para a qual foram fornecidos. Por exemplo, se o Utilizador contactar RiseSmart por e-mail, a RiseSmart irá usar os Dados Pessoais que o Utilizador fornecer para responder à pergunta do Utilizador ou resolver o seu problema.
A RiseSmart poderá também usar e partilhar os Dados Pessoais e outras informações do Utilizador recolhidas através do Serviço, da seguinte forma:
- A RiseSmart poderá usar os Dados Pessoais e outras informações do Utilizador para ajudar a RiseSmart a melhorar o Conteúdo e a funcionalidade do Serviço, compreender melhor os utilizadores da RiseSmart e melhorar o Serviço.
- À medida que a RiseSmart desenvolve o seu negócio, a RiseSmart poderá vender ou adquirir empresas ou recursos. No evento de uma venda de empresa, de uma fusão, reorganização, dissolução ou semelhante evento, o Dados Pessoais e outras informações poderão fazer parte dos recursos transferidos.
- A RiseSmart poderá partilhar os Dados Pessoais e outras informações do Utilizador com os afiliados da RiseSmart para fins consistentes com a presente Política de Privacidade.
- Como muitas empresas, a RiseSmart interage pontualmente com outras empresas para a realização de determinadas funções relacionadas com a sua atividade, incluindo funções analíticas. Quando a RiseSmart interage com outra empresa para a realização de uma função em seu nome, a RiseSmart poderá fornecera essa empresa Dados Pessoais e outras informações do Utilizador até à extensão necessária ou útil para que a empresa possa realizar a sua função específica. Estes fornecedores de serviço incluem empresas que alojam os nossos servidores, fornecem as nossas ferramentas para a administração de clientes, fornecem ferramentas de comunicação e fornecem serviços para ajudar a detetar e prevenir fraudes.
- A RiseSmart poderá divulgar os Dados Pessoais e outras informações do Utilizador se for obrigada a tal por lei ou na crença de boa-fé de que tal ação é necessária para
(i) observar uma obrigação jurídico,
(ii) proteger e defender os direitos ou a propriedade da RiseSmart,
(iii) agir em circunstâncias urgentes para proteger a segurança pessoal de utilizadores do Serviço ou o público, ou
(iv) proteger de responsabilidade jurídica.
Dados Pessoais Agregados
Como parte de um esforço contínuo para compreender e servir melhor os utilizadores do Serviço, a RiseSmart realiza com frequência estudos da demografia, interesses, resultados e comportamento dos seus utilizadores com base nos Dados Pessoais e outras informações fornecidos à RiseSmart. Estes estudos e outros indicadores ou análises do comportamento, resultados ou críticas dos utilizadores poderão ser compilados e analisados de forma agregada, e a RiseSmart poderá partilhar estes dados agregados com os seus afiliados, agentes e parceiros comerciais. Estes dados agregados não identificam o Utilizador pessoalmente. A RiseSmart poderá também divulgar estatísticas agregadas sobre os utilizadores para descrever os serviços da RiseSmart a parceiros comerciais atuais e potenciais, e a outros terceiros para outros fins legítimos.
Gestão das Informações
A RiseSmart poderá receber ou introduzir todos os Dados Pessoais ou outras informações do Utilizador em forma digital. A RiseSmart poderá combinar todos os Dados Pessoais e outras informações de ou sobre o Utilizador num único registo de base de dados proprietário, e poderá armazená-los em servidores alojados nos Estados Unidos ou noutros países. O Utilizador tem o direito de assegurar que os Dados Pessoais que RiseSmart possui sobre o Utilizador estejam corretos. Para assegurar essa corretude, a RiseSmart poderá pedir e exigir que o Utilizador confira o resumo dos Dados Pessoais e outras informações do Utilizador na sua conta, e confirme ou corrija as informações.
Os colaboradores da RiseSmart poderão aceder à conta do Utilizador online, determinar necessidades itens de ação e, se o Utilizador for candidato a emprego, publicar anúncios de emprego na conta do Utilizador a partir de qualquer localização de escritório, em viagem ou de trabalho.
A RiseSmart toma medidas razoáveis para proteger os Dados Pessoais e outras informações fornecidos através do Serviço de perda, uso incorreto e acesso não autorizado, divulgação, modificação ou destruição. Contudo, não existem transmissões pela Internet ou por e-mail que sejam totalmente seguras ou isentas de erros. Nomeadamente, as transmissões por e-mail ou outros meios para ou pelo Serviço poderão não ser seguras. Como tal, o Utilizador deverá ponderar atentamente quando escolher o tipo de informações que enviar à RiseSmart por e-mail ou qualquer outro meio de transmissão.
Ligações a Outros Sites
A presente Política de Privacidade aplica-se apenas ao Serviço. O Serviço poderá conter ligações a sites externos. As políticas e procedimentos aqui descritas não se aplicam aos Sites Externos. As ligações a partir do Serviço não implicam que a RiseSmart aprove ou tenha revisto os Sites Externos. A RiseSmart sugere contactar esses sites diretamente para informações sobre as suas políticas de privacidade.
Informações Públicas
Se o Utilizador fornecer quaisquer dados pessoais não solicitados à RiseSmart através do Serviço ou através de qualquer outro meio, por exemplo, ao publicar informações em áreas públicas do Serviço, essas informações não solicitadas consideram-se não confidenciais. A RiseSmart Poderá reproduzir, usar, divulgar e distribuir tais informações não solicitadas a outros sem limitação ou atribuição. Quaisquer informações publicadas numa área pública poderão ser acedidas e guardadas por qualquer pessoa no mundo que tenha acesso ao site.
Menores
A RiseSmart não se destina a, e a RiseSmart não recolhe informações de, menores de 13.
Alterações à presente Política de Privacidade
O Serviço e a atividade da RiseSmart poderão mudar periodicamente. Como tal, por vezes poderá ser necessário que a RiseSmart faça alterações à presente Política de Privacidade. A RiseSmart reserva o direito to atualizar ou modificar a presente Política de Privacidade em qualquer altura e periodicamente sem aviso prévio. O Utilizador deve conferir a presente política periodicamente, nomeadamente antes de fornecer quaisquer Dados Pessoais. A presente Política de Privacidade foi atualizada pela última vez à data indicada infra. O uso contínuo do Serviço por parte do Utilizador após quaisquer alterações ou revisões da presente Política de Privacidade indicará que o Utilizador concorda com os termos da Política de Privacidade revista.
Contactar a RiseSmart
Para assegurar que os Dados Pessoais do Utilizador sejam corretos, atuais e completos, o Utilizador deve contactar a RiseSmart conforme especificado infra. A RiseSmart tomará as medidas razoáveis para atualizar ou corrigir os Dados Pessoais na sua posse que o Utilizador tenha submetido anteriormente através do Serviço.
No caso de o Utilizador ter problemas ou perguntas relacionadas com a presente Política de Privacidade ou assuntos de privacidade relacionados, poderá contactar o responsável da RiseSmart pela privacidade através da seguinte morada:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
E-mail: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
E-mail: user.support@risesmart.com
Os utilizadores no Espaço Económico Europeu (EEE) e na Suíça têm o direito de apresentar uma queixa à autoridade supervisora para a proteção de dados no seu país.
Entra em vigor a 18 de janeiro de 2019
Effective May 7th 2019 to August 30th 2019
DownloadTable of Contents
POLÍTICA DE PRIVACIDADE DA RISESMART
A RiseSmart, Inc. e a suas afiliadas (designada coletivamente de “RiseSmart”) fornece o seu Serviço (conforme definido infra) ao Utilizador através de sites controlados pela RiseSmart (incluindo, sem restrições, o site situado em http://www.RiseSmart.com) (coletivamente, o “Site”), sujeito aos presentes Termos de Serviço (localizados em http://www.RiseSmart.com/terms-conditions) (os “TDS”) e a presente Política de Privacidade. O “Serviço” incluindo
(a) o Site,
(b) os serviços de recolocação e gestão de carreira da RiseSmart, e outros serviços relacionados (incluindo serviços de gestão de ficheiros e analítica), e tecnologias relacionadas, e
(c) todo o software (incluindo o Software, conforme definido infra), materiais, portais, recomendações, anúncios de emprego, dados, relatórios, texto, imagens, sons, vídeo, analítica e outros conteúdos disponibilizados através de qualquer um dos meios referidos supra (designados coletivamente de “Conteúdos”).
A RiseSmart é o controlador de dados para todas as informações recolhidas e processadas através do Serviço. Quaisquer novas funcionalidades adicionadas a ou que alarguem o Serviço estão igualmente sujeitos aos presentes TOS e à presente Política de Privacidade. A presente Política de Privacidade estabelece a política da RiseSmart relativamente a dados que permitam a identificação pessoal (“Dados Pessoais”) e outras informações que são recolhidas, transmitidas e de outro modo usadas em relação ao Serviço. Os dados anónimos, que poderão ser recolhidos durante o uso do Serviço por parte do Utilizador, não estão incluídos nos “Dados Pessoais.”
Consentimento do Utilizador
Ao fornecer à RiseSmart voluntariamente Dados Pessoais ou usar o Serviço de outro modo, o Utilizador aceita e consente com o facto de a RiseSmart recolher, transmitir e usar os Dados Pessoais e outras informações do Utilizador conforme resumido abaixo na presente Política de Privacidade e quaisquer outros avisos que a RiseSmart possa fornecer ao Utilizador periodicamente em relação ao Serviço. O Utilizador tem o direito de revogar este consentimento e solicitar que as informações que forneceu à RiseSmart sejam eliminadas.
Dados Pessoais Recebidos do Utilizador
Se o Utilizador optar por usar o Serviço, a RiseSmart poderá pedir e exigir ao Utilizador que forneça Dados Pessoais diretamente à RiseSmart. A RiseSmart poderá receber do Utilizador:
- o seu nome, designação do seu cargo atual ou recente, nome da empresa, números de telefone, morada, endereço de e-mail e outras informações de identificação ou contacto;
- historial de emprego do Utilizador e outras experiências, escolaridade e formação, outras qualificações, objetivos de emprego, expetativas salariais, interesses e outras informações de carreira e biográficas;
- informações sobre o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira; e
- informações sobre a satisfação dos clientes do Utilizador ou outro feedback sobre o desenvolvimento de carreira do Utilizador, a pesquisa de emprego do Utilizador e o Serviço.
Para além disso, quando o Utilizador interage com a RiseSmart através do Serviço, a RiseSmart poderá recolher outros Dados Pessoais e informações do Utilizador quando o Utilizador fornecer tais informações voluntariamente, tal como quando o Utilizador contactar a RiseSmart com perguntas ou responder a um dos inquéritos da RiseSmart.
Será pedido ao Utilizador que forneça os seus Dados Pessoais através de diferentes canais em relação ao Serviço, incluindo através da ativação da sua conta para o Serviço, quer via registo online ou em papel, do seu currículo, de listas de verificação e questionários que o Utilizador preencha para a RiseSmart, sessões de formação e aconselhamento, debates, troca de e-mail e outros canais. O Serviço poderá também recolher o endereço IP (Protocolo da Internet) do Utilizador.
Para a conta web pessoal que o Utilizador poderá estabelecer no Serviço, a RiseSmart poderá pedir ao Utilizador para estabelecer um nome de utilizador exclusivo, uma palavra-passe e pergunta de segurança e usar estas informações de início de sessão para aceder à sua conta. O Utilizador aceita proteger o sigilo das informações de nome de utilizador, palavra-passe e pergunta de segurança do Utilizador, e se o Utilizador não guardar esse sigilo, o Utilizador será plenamente responsável por qualquer uso, roubo, modificação, uso incorreto, divulgação ou outra perda resultantes relacionadas com os Dados Pessoais ou outras informações do Utilizador.
O Utilizador tem o direito de solicitar acesso aos dados que optou por fornecer à RiseSmart. Os pedidos de acesso podem ser enviados para user.support@risesmart.com. A RiseSmart responderá aos pedidos de acesso num prazo de 30 dias.
Dados Pessoais Recebidos de uma Empresa Cliente
O Utilizador reconhece que um empresa cliente da RiseSmart poderá interagir com a RiseSmart para dar assistência
(a) a colaboradores atuais e/ou antigos do cliente empresarial, que tenham cessado ou venham a cessar as suas funções no empresa cliente, na sua procura de emprego através do Serviço (“Assistência à Recolocação”) ou
(b) colaboradores atuais do cliente da empresa com desenvolvimento de carreira através do Serviço (“Assistência ao Desenvolvimento de Carreira”), ((a) e (b) designados coletivamente de “Interações de Empresa Cliente”). Nas Interações de Empresa Cliente, a RiseSmart recebe da empresa cliente uma lista de pessoas elegíveis para o Serviço. Se o Utilizador for elegível, a lista da empresa cliente poderá incluir o nome do Utilizador, a designação do seu cargo atual ou recente, morada, número de telefone, endereço de e-mail, departamento ou unidade de negócio e outros Dados Pessoais.
A RiseSmart processa os dados do Utilizador desta forma para o seu interesse legítimo em fornecer ao Utilizador um serviço disponibilizado ao Utilizador pelo empregador ou atual ou anterior do mesmo. A RiseSmart usa os Dados Pessoais recebidos de empresas cliente apenas para contactar participantes elegíveis.
Transferências Internacionais de Dados Pessoais
Se o Utilizador ou a empresa cliente fornecerem Dados Pessoais em relação ao Serviço, o Utilizador reconhece e aceita que esses Dados Pessoais poderão ser transferidos da localização atual do Utilizador ou da empresa cliente para os escritórios e servidores da RiseSmart e dos terceiros autorizados referidos no presente documento localizados nos Estados Unidos ou outros países.
Outras Informações e Uso de Cookies
Quando o Utilizador interage com RiseSmart através do Serviço, a RiseSmart recebe e armazena determinadas informações que não permitem uma identificação pessoal. Tais informações, que são recolhidas passivamente através de diversas tecnologias, não podem atualmente ser usadas para identificar o Utilizador concretamente. Para além disso, o Serviço poderá recolher outras informações que não permitem uma identificação pessoal como parte da funcionalidade do Serviço (por exemplo, a recolha de respostas a questionários que não contêm informações que permitam uma identificação pessoal). A RiseSmart poderá armazenar essas informações ela própria ou essas informações poderão ser incluídas em bases de dados detidas e mantidas por agentes ou fornecedores de serviço da RiseSmart. O Serviço poderá usar essas informações e agregá-las com outras informações para monitorizar, por exemplo, o número total de visitantes no Site ou Serviço, o número de visitantes em cada página do Site ou Serviço e os nomes de domínio dos fornecedores de serviços Internet dos visitantes da RiseSmart. É importante notar que não estão disponíveis nem são usados Dados Pessoais neste processo exceto quando o Utilizador ou a empresa cliente fornecer as voluntariamente, conforme definido supra.
Ao operar o Serviço, a RiseSmart poderá usar uma tecnologia chamada "cookies". Um cookie contém informações que o computador que aloja o Serviço fornece ao browser do Utilizador quando esse acede ao Serviço. Os cookies da RiseSmart ajudam a fornecer funcionalidade adicional ao Serviço e ajudam a RiseSmart a analisar a utilização do Serviço de forma mais concisa. Por exemplo, o Serviço poderá definir um cookie no browser do Utilizador que permite ao Utilizador aceder ao Serviço sem ter de introduzir uma palavra-passe mais do que uma vez durante a sua visita ao Serviço. Em todos os casos em que a RiseSmart usa cookies, a RiseSmart não irá recolher Dados Pessoais exceto com a permissão do Utilizador.
A RiseSmart poderá (e poderá permitir fornecedores de serviço externos possam) usar tais cookies ou tecnologias semelhantes para recolher informações sobre as atividades de navegação do Utilizador ao longo do tempo e em diferentes sites ao seguir o uso por parte do Utilizador do Serviço. O nosso Serviço não responde atualmente a sinais DNT (Do Not Track - Não Controlar) e funciona conforme descrito na presente Política de Privacidade, quer um sinal DNT seja recebido ou não. Se a RiseSmart o fizer no futuro, será incluída uma descrição de como o fará na presente Política de Privacidade.
Partilha de Informações com Empresas Cliente
Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência à Recolocação, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e o estado atual do uso do Serviço pelo Utilizador, o volume do seu uso do Serviço, o seu progresso por etapas e o seu estado atual na procura de emprego, a satisfação dos seus clientes ou outro feedback relacionado com o Serviço, de forma individual para cada caso ou de um modo agregado. Periodicamente, a RiseSmart poderá disponibilizar ao Utilizador ferramentas para permitir que o mesmo ajuste os Dados de Progresso de Recolocação para os quais a RiseSmart tem permissão para partilhar com a empresa cliente. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência ao Desenvolvimento de Carreira, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e indicar o estado atual do uso do Serviço pelo Utilizador, o âmbito do seu uso do Serviço, o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira, a satisfação dos seus clientes ou outro feedback relacionados com o Serviço, de forma individual para cada caso ou de um modo agregado. Periodicamente, a RiseSmart poderá disponibilizar ao Utilizador ferramentas para permitir que o mesmo ajuste os Dados de Progresso de Desenvolvimento de Carreira para os quais a RiseSmart tem permissão para partilhar com a empresa cliente. Se o Utilizador tiver perguntas ou questões relativamente aos Dados de Progresso de Recolocação ou Dados de Progresso de Assistência à Carreira que a RiseSmart possa partilhar com a empresa cliente, deverá contactar user.support@risesmart.com (ver informações infra).
Outros Usos e Partilha dos Dados do Utilizador
No âmbito do Serviço, a RiseSmart poderá recolher, transmitir e usar os Dados Pessoais e outras informações do Utilizador para o fim de fornecer o Serviço ao Utilizador, incluindo sem limitação para determinar a assistência específica que o Utilizador pretende obter do Serviço e, se o Utilizador for candidato a emprego, para fornecer ao Utilizador anúncios de emprego, formação de pesquisa de emprego, assistência na redação de currículos e/ou outra assistência. A RiseSmart poderá também usar os Dados Pessoais e outras informações do Utilizador
(a) para identificar e autenticar o Utilizador, por exemplo, para o acesso do Utilizador à sua conta do Serviço e a sua comunicação com colaboradores da RiseSmart, ou
(b) internamente para escalação ou ajuste atividade do Serviço da RiseSmart para a conta do Utilizador, reportar o desempenho do Serviço internamente à administração da RiseSmart, realizar ações de formação interna e gerir de outro modo a atividade da RiseSmart.
Para além disso, se o Utilizador fornecer Dados Pessoais ou outras informações por uma determinada razão, a RiseSmart poderá usar os Dados Pessoais ou outras informações em relação à razão para a qual foram fornecidos. Por exemplo, se o Utilizador contactar RiseSmart por e-mail, a RiseSmart irá usar os Dados Pessoais que o Utilizador fornecer para responder à pergunta do Utilizador ou resolver o seu problema.
A RiseSmart poderá também usar e partilhar os Dados Pessoais e outras informações do Utilizador recolhidas através do Serviço, da seguinte forma:
- A RiseSmart poderá usar os Dados Pessoais e outras informações do Utilizador para ajudar a RiseSmart a melhorar o Conteúdo e a funcionalidade do Serviço, compreender melhor os utilizadores da RiseSmart e melhorar o Serviço.
- À medida que a RiseSmart desenvolve o seu negócio, a RiseSmart poderá vender ou adquirir empresas ou recursos. No evento de uma venda de empresa, de uma fusão, reorganização, dissolução ou semelhante evento, o Dados Pessoais e outras informações poderão fazer parte dos recursos transferidos.
- A RiseSmart poderá partilhar os Dados Pessoais e outras informações do Utilizador com os afiliados da RiseSmart para fins consistentes com a presente Política de Privacidade.
- Como muitas empresas, a RiseSmart interage pontualmente com outras empresas para a realização de determinadas funções relacionadas com a sua atividade, incluindo funções analíticas. Quando a RiseSmart interage com outra empresa para a realização de uma função em seu nome, a RiseSmart poderá fornecera essa empresa Dados Pessoais e outras informações do Utilizador até à extensão necessária ou útil para que a empresa possa realizar a sua função específica. Estes fornecedores de serviço incluem empresas que alojam os nossos servidores, fornecem as nossas ferramentas para a administração de clientes, fornecem ferramentas de comunicação e fornecem serviços para ajudar a detetar e prevenir fraudes.
- A RiseSmart poderá divulgar os Dados Pessoais e outras informações do Utilizador se for obrigada a tal por lei ou na crença de boa-fé de que tal ação é necessária para
(i) observar uma obrigação jurídico,
(ii) proteger e defender os direitos ou a propriedade da RiseSmart,
(iii) agir em circunstâncias urgentes para proteger a segurança pessoal de utilizadores do Serviço ou o público, ou
(iv) proteger de responsabilidade jurídica.
Dados Pessoais Agregados
Como parte de um esforço contínuo para compreender e servir melhor os utilizadores do Serviço, a RiseSmart realiza com frequência estudos da demografia, interesses, resultados e comportamento dos seus utilizadores com base nos Dados Pessoais e outras informações fornecidos à RiseSmart. Estes estudos e outros indicadores ou análises do comportamento, resultados ou críticas dos utilizadores poderão ser compilados e analisados de forma agregada, e a RiseSmart poderá partilhar estes dados agregados com os seus afiliados, agentes e parceiros comerciais. Estes dados agregados não identificam o Utilizador pessoalmente. A RiseSmart poderá também divulgar estatísticas agregadas sobre os utilizadores para descrever os serviços da RiseSmart a parceiros comerciais atuais e potenciais, e a outros terceiros para outros fins legítimos.
Gestão das Informações
A RiseSmart poderá receber ou introduzir todos os Dados Pessoais ou outras informações do Utilizador em forma digital. A RiseSmart poderá combinar todos os Dados Pessoais e outras informações de ou sobre o Utilizador num único registo de base de dados proprietário, e poderá armazená-los em servidores alojados nos Estados Unidos ou noutros países. O Utilizador tem o direito de assegurar que os Dados Pessoais que RiseSmart possui sobre o Utilizador estejam corretos. Para assegurar essa corretude, a RiseSmart poderá pedir e exigir que o Utilizador confira o resumo dos Dados Pessoais e outras informações do Utilizador na sua conta, e confirme ou corrija as informações.
Os colaboradores da RiseSmart poderão aceder à conta do Utilizador online, determinar necessidades itens de ação e, se o Utilizador for candidato a emprego, publicar anúncios de emprego na conta do Utilizador a partir de qualquer localização de escritório, em viagem ou de trabalho.
A RiseSmart toma medidas razoáveis para proteger os Dados Pessoais e outras informações fornecidos através do Serviço de perda, uso incorreto e acesso não autorizado, divulgação, modificação ou destruição. Contudo, não existem transmissões pela Internet ou por e-mail que sejam totalmente seguras ou isentas de erros. Nomeadamente, as transmissões por e-mail ou outros meios para ou pelo Serviço poderão não ser seguras. Como tal, o Utilizador deverá ponderar atentamente quando escolher o tipo de informações que enviar à RiseSmart por e-mail ou qualquer outro meio de transmissão.
Ligações a Outros Sites
A presente Política de Privacidade aplica-se apenas ao Serviço. O Serviço poderá conter ligações a sites externos. As políticas e procedimentos aqui descritas não se aplicam aos Sites Externos. As ligações a partir do Serviço não implicam que a RiseSmart aprove ou tenha revisto os Sites Externos. A RiseSmart sugere contactar esses sites diretamente para informações sobre as suas políticas de privacidade.
Informações Públicas
Se o Utilizador fornecer quaisquer dados pessoais não solicitados à RiseSmart através do Serviço ou através de qualquer outro meio, por exemplo, ao publicar informações em áreas públicas do Serviço, essas informações não solicitadas consideram-se não confidenciais. A RiseSmart Poderá reproduzir, usar, divulgar e distribuir tais informações não solicitadas a outros sem limitação ou atribuição. Quaisquer informações publicadas numa área pública poderão ser acedidas e guardadas por qualquer pessoa no mundo que tenha acesso ao site.
Menores
A RiseSmart não se destina a, e a RiseSmart não recolhe informações de, menores de 13.
Alterações à presente Política de Privacidade
O Serviço e a atividade da RiseSmart poderão mudar periodicamente. Como tal, por vezes poderá ser necessário que a RiseSmart faça alterações à presente Política de Privacidade. A RiseSmart reserva o direito to atualizar ou modificar a presente Política de Privacidade em qualquer altura e periodicamente sem aviso prévio. O Utilizador deve conferir a presente política periodicamente, nomeadamente antes de fornecer quaisquer Dados Pessoais. A presente Política de Privacidade foi atualizada pela última vez à data indicada infra. O uso contínuo do Serviço por parte do Utilizador após quaisquer alterações ou revisões da presente Política de Privacidade indicará que o Utilizador concorda com os termos da Política de Privacidade revista.
Contactar a RiseSmart
Para assegurar que os Dados Pessoais do Utilizador sejam corretos, atuais e completos, o Utilizador deve contactar a RiseSmart conforme especificado infra. A RiseSmart tomará as medidas razoáveis para atualizar ou corrigir os Dados Pessoais na sua posse que o Utilizador tenha submetido anteriormente através do Serviço.
No caso de o Utilizador ter problemas ou perguntas relacionadas com a presente Política de Privacidade ou assuntos de privacidade relacionados, poderá contactar o responsável da RiseSmart pela privacidade através da seguinte morada:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
E-mail: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
E-mail: user.support@risesmart.com
Os utilizadores no Espaço Económico Europeu (EEE) e na Suíça têm o direito de apresentar uma queixa à autoridade supervisora para a proteção de dados no seu país.
Entra em vigor a 18 de janeiro de 2019
条款和条件
Effective July 15th 2019
DownloadTable of Contents
条款和条件
1.接受条款。
1.1 RiseSmart, Inc.及其关联方(统称为“RiseSmart”)并根据本服务条款(“服务条款”)并通过RiseSmart控制的网站(包括但不限于http://www.RiseSmart.com,统称为“网站”)向您提供服务(定义见下文)。当您接受本服务条款或者访问、使用服务或网站时,即表明您承认已阅读、理解和同意受本服务条款的约束。如果您不同意本服务条款,请勿接受该等条款,亦不得使用服务。
1.2 RiseSmart可能不时更改本服务条款,恕不另行通知。修订后的条款和条件在发布后即生效力,如果在发布日期之后您使用服务,则表明您接受修订后的条款和条件。如果您不接受本服务条款的任何更改,必须停止访问和使用服务。
2.服务说明。
“服务”包括(a)网站,(b)RiseSmart的新职介绍、职业管理服务以及其他相关服务(包括文件管理和分析服务)和相关技术和应用程序(包括但不限于通过移动设备访问的应用程序和服务,以及允许您访问此类应用程序和服务的其他界面),和(c)所有软件(包括下文定义的软件)、材料、门户网站、建议、工作机会、数据、报告、文本、图像、声频、视频、分析和通过上述各项提供的其他内容(统称为“内容”)。向服务添加或增加的任何新功能也应符合本服务条款的规定。
3.一般条款/访问和使用服务。
3.1 根据本服务条款中的条款和条件,您只能出于合法目的访问和使用服务。服务及其组成部分的所有权利、所有权和利益始终完全归RiseSmart所有。您不得(并且不得允许任何第三方)(a)直接或间接地对服务进行复制、修改、删除、分发、下载、存储、传输、发布、创建衍生作品、反向工程、反向汇编或以其他方式尝试发现任何源代码、出售、再许可、转售、出租、租赁、转让、让与或分时共享,或者以其他方式商业性利用服务或向任何第三方提供服务;(b)以任何非法方式使用服务(包括但不限于违反任何数据、隐私或出口管制法律)或者以任何干扰或破坏服务或其组成部分之完整性或性能的方式使用服务;(c)修改、改编或破解服务或者以其他方式试图在未经授权的情况下访问服务或其相关系统、网络;或者(d)在其他网站或任何媒介(例如网络环境)上使用任何内容。您应遵守RiseSmart提供或发布的有关服务的任何行为准则、政策或其他通知,如果您了解到与服务相关的安全漏洞,应立即通知RiseSmart。此外,在使用某些服务时,您应遵守可能不时发布的适用于该等服务的其他任何条款,包括但不限于RiseSmart隐私政策。
3.2 RiseSmart可能提供的有关服务的任何软件(“软件”)中载有受适用知识产权和其他法律保护的专有和机密信息。根据本服务条款中的条款和条件,RiseSmart特此向您授予个人、不可转让、不可再许可和非独占的权利和许可,以便您在只与服务相关的单个设备上使用任何软件的目标代码。您同意除了通过RiseSmart提供的用于访问服务的界面以外,不得采用其他任何方式访问服务。本条款和条件中未明确授予的权利均予保留,并未向您授予使用RiseSmart或任何第三方的与服务相关之商标的任何许可或权利。
3.3 您应自行对上传、发布、传递、提供或以其他方式传输或存储(“传输”)的与服务相关的所有数据、信息、反馈、建议、文本、内容和其他材料(“您的内容”)承担责任。您在此声明和保证,您就服务传输的您的内容(a)是准确、真实、合法、得体、诚实和完整的(包括但不限于有关您的简历、履历数据和就业信息(倘若您作为一名求职者或职业发展者正在使用服务)),和(b)没有任何漏洞、蠕虫病毒或其他病毒。您同意如果RiseSmart认为您违反上一句规定或者违反本服务条款的其他条款,则可从服务中删除您的内容。您有责任对您的登录名、密码、账户以及登录名或账户项下发生的所有活动进行保密。RiseSmart有权访问您的账户以回复您的技术支持请求。当您在服务上或通过服务传输您的内容,即表明您向RiseSmart授予非独占、永久、不可撤销、免版税、已缴足、可分许可和可转让的全球性许可,以供其使用、修改、复制、分发、展示、发布和实施与服务相关的您的内容。RiseSmart有权(但没有义务)筛查或监控服务、内容或您的内容。您进一步同意RiseSmart可以出于任何原因或者在无任何原因的情况下随时删除或禁用任何内容(包括但不限于收到与此类内容相关的第三方或当局的索赔或指控时)。
3.4 您认识到服务的运行(包括您的内容)可能未予加密,并涉及(a)通过各种网络进行传输,(b)进行变更以符合和适应连接网络或设备的技术要求,(c)传输给RiseSmart的第三方供应商和托管合作伙伴,以提供运营和维护服务时所需的必要硬件、软件、网络、存储和相关技术,和(d)传输给与向您提供服务相关的其他第三方。因此,您承认您应自行对您的内容的安全、保护和备份承担全部责任。如果您的内容遭到未经授权访问或使用或者该等内容发生任何损坏、删除、破坏或丢失,RiseSmart就此不会向您承担任何责任。
3.5 如果您是一名求职者或职业发展者,您进一步同意针对通过服务提供或获得的工作机会和其他信息,应基于自身的判断、谨慎和常识进行管理,如果依赖于或使用通过服务提供的任何内容(包括任何工作机会或职业建议),应自行承担相关风险。
3.6 如果RiseSmart未行使或执行本服务条款中的任何权利或条款,并不构成对该等权利的放弃。您承认本服务条款构成您与RiseSmart签订的合同(即使采用电子格式并且您和RiseSmart未在纸质文件上签字),本服务条款适用于您对服务的使用,并取代您和RiseSmart先前达成的类似协议。
3.7 您承认RiseSmart的公司客户可以聘请RiseSmart以协助(a)已经或将要从该公司客户处离职的当前和/或前雇员通过该服务寻找工作( “新职介绍协助”)或(b)该公司客户的现有员工通过服务实施职业发展(“职业发展协助”)(第(a)和(b)项统称为“公司客户参与计划”)。如果您根据公司客户的新职介绍协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关工作搜索的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均可单独或汇总地予以提供。如果您根据公司客户的职业发展协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关工作搜索或职业发展的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均汇总地予以提供。有关RiseSmart收集、使用和共享您和公司客户提供的与公司客户参与计划相关之信息的更多内容,请参阅RiseSmart隐私政策。
3.8 如果您根据公司客户参与计划使用服务,则表明您承认向您提供的服务在任何情况下均不会超出您据以有权访问服务之公司客户参与计划的范围、期限或其他限制。
3.9 您同意RiseSmart(a)可以制定有关使用服务的一般惯例和限制,包括但不限于该服务保存内容/您的内容的最长期间以及向您分配的最大存储空间,(b)如果删除或者未存储该服务维护或上传至该服务的任何内容/您的内容,RiseSmart对此不承担任何责任或义务,和(c)如果出于法律要求或者善意地相信为了下述目的存在合理必要性,也可能保存内容/您的内容或者予以披露:(i)遵守法律程序、适用法律或政府要求;(ii)执行本服务条款;(iii)针对声称任何内容/您的内容侵犯第三方权利作出回应;或(iv)保护RiseSmart、其用户和公众的权利、财产或人身安全。
您进一步同意RiseSmart可以出于任何原因或者在无任何原因的情况下随时删除或禁用任何内容/您的内容(包括但不限于收到与此类内容相关的第三方或当局的索赔或指控时)。
您进一步同意RiseSmart可以出于任何原因或者在无任何原因的情况下随时删除或禁用任何内容/您的内容(包括但不限于收到与此类内容相关的第三方或当局的索赔或指控时)。
4.付款。
如果就提供的服务或任何部分服务应支付任何费用(RiseSmart的公司客户未另行支付),您必须选择付款计划并向RiseSmart提供有关您的信用卡或其他支付工具的信息。您向RiseSmart声明和保证此类信息属实,并且您有权使用该等付款方式。您应及时更新账户信息,包括可能发生的任何更改(例如您的帐单邮寄地址或信用卡到期日的更改)。您同意根据付款计划的条款和本服务条款向RiseSmart支付该等计划中指定的金额。您在此授权RiseSmart根据适用的付款计划条款定期向您的付款工具开具账单,直至您终止账户为止,您还同意支付因此产生的任何费用。如果您对任何费用提出异议,则必须在RiseSmart向您开具发票之日起的六十(60)天内将该异议告知RiseSmart。RiseSmart保留随时变更服务价格的权利。如果RiseSmart变更价格,则应至少在变更生效的30天之前在本网站上发布变更通知或者就此向您发送电子邮件(按RiseSmart的选择)。如果在价格变更生效后您继续使用服务,即表明您同意支付更改后的金额。如果您根据公司客户参与计划使用服务,则该公司客户应就其授权RiseSmart向您提供的特定服务包支付费用。
5.声明和保证
在您使用服务时,您同意不得:违反任何司法管辖区的任何地方、州和联邦规则、法规和制定法,包括但不限于美国出口法律法规、反歧视或平等机会就业法;侵犯任何第三方的任何知识产权和隐私权,包括但不限于专利、版权、商标或商业秘密;上传、发布、传播或存储任何非法、冒犯、诽谤、欺诈、欺骗、误导、有害、威胁、骚扰、淫秽或令人反感的材料;违反您的任何合同或保密义务;破坏或干扰服务的正常运行,例如发布或传播任何类型的病毒、蠕虫病毒、脚本、宏或有害代码,连续发布重复材料、异常的大量数据或者RiseSmart不允许发布或传播的信息,包括但不限于任何未经授权的广告材料、未经请求的宣传材料、“垃圾邮件”、“连锁信”、金字塔计划、特许经营、分销、俱乐部会员资格、销售安排或其他不可接受的材料;通过滥用服务而侵犯他人的隐私权或个人权利,包括但不限于骚扰或“跟踪”他人、发送未经请求的电子邮件以及收集其他人的个人信息;违反或企图违反有关服务的任何安全措施;在未事先征得RiseSmart书面同意的情况下,使用任何设备、程序或机制(例如爬虫程序或机器人)来监控、检索、搜索或访问服务;访问或尝试访问服务中载列的任何第三方账户或登录名;发布或提交任何不准确、虚假或不完整的信息,例如有关您的简历、履历数据或就业的信息;冒充任何其他人或实体;伪造任何电子信息或邮件中的任何标题;或者歪曲自身或关联方与任何第三方的关系。
6.终止。
您有权根据网站上规定的程序或者单独向您提供的程序(若适用)随时终止您的账户。如果您根据公司客户参与计划使用服务,即表明您承认您对此类服务的访问权限将在公司客户参与计划期满或终止时到期。RiseSmart有权出于任何原因(包括RiseSmart认为您违反了本服务条款)(i)暂时或永久性修改或终止服务(或其任何部分)和(ii)拒绝当前和将来对服务的使用,暂停或终止您的账户(其任何部分)或对服务的使用,删除和弃置服务中的您的内容。如果RiseSmart修改、暂停或终止服务,其无需就此向您或任何第三方承担任何责任。在暂停或终止您的账户之前,RiseSmart将善意地联系您并向您告知该等情形。RiseSmart可自行决定终止您的账户,或者永久删除服务上所有的您的内容(若有)。如果RiseSmart无故终止您的账户,而您已注册付费服务(若适用,不包括公司客户参与计划),RiseSmart将按比例向您退还已预付但尚未消费的任何金额。但是,在本服务条款终止后,累积的所有付款权以及第4-12条仍然有效。
7.免责声明。
包括网站、内容(包括但不限于工作和职业发展机会、推荐和分析)和所有服务器、网络组件在内的服务均按“现状”和“现有”的基础提供,未附有任何形式的保证,RISESMART在此明确说明其未作出任何明示或暗示的保证,包括但不限于对适销性、所有权、特定用途的适用性和非侵权的暗示保证。您承认RISESMART未保证及时、安全、无错误或无病毒地提供服务,亦未保证该等服务不会发生中断,您从RISESMART或通过服务获得任何信息、建议或服务时,除服务条款中明确规定者以外,均未创设任何保证。在不限制上述规定一般性的情况下,如果您是一名求职者或职业发展者,(A)您承认和同意RISESMART可能向您的账户发布的工作机会系从第三方收到的,并且未就此进行任何审查,和(B)RISESMART未保证任何工作机会或其他信息的准确性或合法性,亦未保证您通过服务能够成功就业或获得职业发展,或者通过服务找到的任何工作或职业发展均适于您的需要或适合您。在任何情况下,RiseSmart均不对任何第三方(包括用户)的任何内容或材料承担任何责任,包括但不限于任何内容中的任何错误或遗漏,或者由于使用任何此类内容而遭受任何类型的损失或损害。您承认RiseSmart不会对内容进行预先筛查,但是RiseSmart及其指定人员有权(但没有义务)自行决定拒绝或删除通过服务提供的任何内容。您同意必须评估和承担与使用任何内容相关的所有风险,包括依赖于此类内容的准确性、完整性或有用性的风险。
8.责任限制。
8.1 无论在任何情况下或根据任何法律理论(无论是基于合同、侵权或其他依据),针对(a)任何间接、偶然、特殊、惩戒、后果或惩罚性损害(包括利润损失、销售或业务损失、数据丢失或业务中断)或者(b)任何直接损害、成本、损失或负债,RISESMART向您或任何第三方承担的责任不得超过在引致相关索赔的事件发生之前的六(6)个月内您实际支付的费用,如果未支付任何费用,则不得超过一百(100)美元。本条款向双方分配本服务条款项下的风险,双方在决定是否签订本服务条款时依赖于这些限制。
8.2 某些州不允许就暗示保证予以免责或排除,或者限制有关偶然或间接损害的责任,这意味着第7条(免责声明)和第8条(责任限制)中规定的某些限制可能不适用于您或者无法对您强制执行。在这些州,RISESMART的责任应限制在法律允许的最大范围内。如果您是一名来自新泽西州的用户,则第7条(免责声明)和第8条(责任限制)仅在新泽西法律允许的范围内予以适用。如果根据新泽西法律的规定这些条款的任何部分归于无效,则该部分的无效性不会影响剩余部分条款的效力。
9.赔偿。
如果由于您违反本服务条款、您的内容或者您对服务的其他访问、提交、使用或滥用而产生任何索赔、诉讼或要求(包括但不限于合理的法律和会计费用),则应向RiseSmart进行赔偿,为其辩护并使其免受损害。RiseSmart会向您发出有关此类索赔、诉讼或要求的通知。RiseSmart保留对本条项下赔偿所涉的任何事项单独进行辩护和控制的权利。在这种情况下,您同意就任何合理请求提供配合,并协助RiseSmart对此类事项进行辩护。尽管有上述规定,如果由于RiseSmart的任何作为或不作为而产生任何索赔、诉讼或要求,则您没有义务向RiseSmart进行赔偿,为其辩护或使其免受损害。
10.转让。
未经RiseSmart事先的书面同意,您不得转让本服务条款,但是RiseSmart可以不受限制地全部或部分让与或转让本服务条款。
11.适用法律。
本服务条款受加利福尼亚州法律管辖,不包括法律冲突原则。除非RiseSmart在特定情况下另行决定,否则您在此明确同意接受加利福尼亚州联邦和州法院的专属管辖权,以解决与您访问或使用服务有关的任何争议。
12.《数字千年版权法案》。
如果版权所有者认为互联网上出现的材料侵犯其根据美国版权法享有的权利,1998年《数字千年版权法案》为其提供追索权。RiseSmart将及时处理和调查涉嫌侵权的通知,并根据《数字千年版权法案》和其他适用的知识产权法律对任何涉嫌或实际发生的侵权行为采取适当行动。声称侵犯版权的通知应通过电子邮件(user.support@risesmart.com)发送给RiseSmart的版权代理人(主题栏: “《数字千年版权法案》删除请求”)。您也可以通过寄送邮件来联系RiseSmart:
收件人:版权代理人
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
通知: 为使通知生效,必须采用书面形式并载列以下信息:
- 代表版权或其他知识产权权益所有者行事的被授权人作出的电子签字或亲签;
- 有关您声称遭到侵权的受版权保护的作品或其他知识产权的说明;
- 有关您声称正在侵权的材料在网站上所处位置的说明,并附上RiseSmart在网站上如何找到该等材料的足够详情;
- 您的地址、电话号码和电子邮件地址;
- 您作出的一项声明,其中说明您基于充分的理由认为相关使用未征得版权或知识产权所有者、其代理机构或法律的授权;
- 您作出的一项声明,其中说明该通知中的上述信息是准确的,并且您是版权或知识产权所有者或经授权而代表该等所有者行事的人员,否则将受到伪证罪的处罚。
13. 1.Apple支持的软件应用程序。
RiseSmart提供各种软件应用程序,它们能够在Apple Inc.(“Apple”)商业化提供的产品及其他平台上运行。对于您在Apple品牌产品(此类软件简称“Apple支持软件”)上使用的软件,除了本服务条款中规定的其他条款和条件外,还应适用以下条款和条件:
- RiseSmart和您承认本服务条款只由RiseSmart和您签订,而非与Apple签订,就RiseSmart和Apple而言,应由RiseSmart(而非Apple)对Apple支持的软件及其内容承担全部责任。
- 如果违反或不符合App Store服务条款中就Apple支持的软件规定的使用规则,或者以其他方式与该等服务条款相冲突,则您不得以该等方式使用Apple支持的软件。
- 在App Store服务条款中规定的使用规则允许的情况下,您使用Apple支持的软件的许可仅限于在您拥有或控制的iOS产品上使用该等软件的不可转让许可。
- Apple没有义务为Apple支持的软件提供任何维护或支持服务。
- Apple依法未对任何产品作出任何明示或暗示的保证。如果Apple支持的软件未遵守任何适用保证,您可以通知Apple,Apple将向您退还Apple支持软件的购买价格(若有);在适用法律允许的最大范围内,Apple对于Apple支持的软件或者未遵守任何保证所导致的其他任何索赔、损失、责任、损害、成本或费用(如果根据适用法律无法予以免责,则在该等范围内完全由RiseSmart承担全部责任)不承担其他任何保证义务。
- RiseSmart和您承认应由RiseSmart(而非Apple)负责解决您或任何第三方就Apple支持的软件或者您拥有和/或使用该等Apple软件有关的任何索赔,包括但不限于:(i)产品责任索赔;(ii)Apple支持的软件不符合任何适用法律或监管要求而产生的任何索赔;(iii)根据消费者保护或类似法律提出的索赔。
- 如果任何第三方声称Apple支持软件或最终用户拥有和使用该等软件侵犯了第三方知识产权,就RiseSmart和Apple而言,应由RiseSmart(而非Apple)就任何该等知识产权侵权索赔的调查、辩护、解决和解除承担全部责任。
- 您声明和保证:(i)您所在的国家不受美国政府禁运,或者未被美国政府指定为“支持恐怖主义”国家;和(ii)您未被列入任何美国政府禁止或限制方的名单。
- 如果您对Apple支持的软件有任何问题、投诉或索赔,请按下列地址将其发送给RiseSmart:
RiseSmart和您承认并同意Apple及其子公司是本服务条款的第三方受益人,在您接受本服务条款的条款和条件后,Apple将作为第三方受益人拥有就Apple支持的软件向您强制执行本服务条款的权利(并视为已接受该等权利)。
14.与其他网站的链接。
服务中可能包含指向第三方网站的链接。这些链接仅供参考,RiseSmart并未认可此类第三方网站上的内容。RiseSmart不对链接的第三方网站上的内容承担责任,亦未对此类第三方网站上材料的内容或准确性作出任何声明。如果您决定访问链接的第三方网站,应自行承担风险。
15.移动设备。
如果您通过移动设备使用服务,则表明您同意通过移动设备和运营商使用服务的信息可能会传送给RiseSmart,包括但不限于您的移动运营商、移动设备或您的实际位置。此外,通过移动设备使用服务可能导致在移动设备上或通过移动设备显示相关数据。在您通过移动设备访问服务时,即表明您声明在您将任何RiseSmart数据导入移动设备的范围内,您有权向移动运营商或其他访问提供商共享传输的数据。如果您更改或停用移动设备/账户,则必须确保其他方无法访问(或者不会向另一方发送)您的账户(以及任何相关消息(如适用)),否则您须就此承担全部责任。您承认应自行对通过移动设备和提供商访问服务的所有相关费用和必要许可承担责任。因此,您应该咨询提供商以了解您的特定移动设备就该等服务所规定的条款。当您通过任何可下载应用程序来使用服务时,即表明您明确承认您接受在下载或安装时或者可能不时更新时与所提供应用程序相关的最终用户许可协议的条款。
自2019年1月18日起生效
Effective May 7th 2019 to July 15th 2019
DownloadTable of Contents
条款和条件
1.接受条款。
1.1 RiseSmart, Inc.及其关联方(统称为“RiseSmart”)并根据本服务条款(“服务条款”)并通过RiseSmart控制的网站(包括但不限于http://www.RiseSmart.com,统称为“网站”)向您提供服务(定义见下文)。当您接受本服务条款或者访问、使用服务或网站时,即表明您承认已阅读、理解和同意受本服务条款的约束。如果您不同意本服务条款,请勿接受该等条款,亦不得使用服务。
1.2 RiseSmart可能不时更改本服务条款,恕不另行通知。修订后的条款和条件在发布后即生效力,如果在发布日期之后您使用服务,则表明您接受修订后的条款和条件。如果您不接受本服务条款的任何更改,必须停止访问和使用服务。
2.服务说明。
“服务”包括(a)网站,(b)RiseSmart的新职介绍、职业管理服务以及其他相关服务(包括文件管理和分析服务)和相关技术和应用程序(包括但不限于通过移动设备访问的应用程序和服务,以及允许您访问此类应用程序和服务的其他界面),和(c)所有软件(包括下文定义的软件)、材料、门户网站、建议、工作机会、数据、报告、文本、图像、声频、视频、分析和通过上述各项提供的其他内容(统称为“内容”)。向服务添加或增加的任何新功能也应符合本服务条款的规定。
3.一般条款/访问和使用服务。
3.1 根据本服务条款中的条款和条件,您只能出于合法目的访问和使用服务。服务及其组成部分的所有权利、所有权和利益始终完全归RiseSmart所有。您不得(并且不得允许任何第三方)(a)直接或间接地对服务进行复制、修改、删除、分发、下载、存储、传输、发布、创建衍生作品、反向工程、反向汇编或以其他方式尝试发现任何源代码、出售、再许可、转售、出租、租赁、转让、让与或分时共享,或者以其他方式商业性利用服务或向任何第三方提供服务;(b)以任何非法方式使用服务(包括但不限于违反任何数据、隐私或出口管制法律)或者以任何干扰或破坏服务或其组成部分之完整性或性能的方式使用服务;(c)修改、改编或破解服务或者以其他方式试图在未经授权的情况下访问服务或其相关系统、网络;或者(d)在其他网站或任何媒介(例如网络环境)上使用任何内容。您应遵守RiseSmart提供或发布的有关服务的任何行为准则、政策或其他通知,如果您了解到与服务相关的安全漏洞,应立即通知RiseSmart。此外,在使用某些服务时,您应遵守可能不时发布的适用于该等服务的其他任何条款,包括但不限于RiseSmart隐私政策。
3.2 RiseSmart可能提供的有关服务的任何软件(“软件”)中载有受适用知识产权和其他法律保护的专有和机密信息。根据本服务条款中的条款和条件,RiseSmart特此向您授予个人、不可转让、不可再许可和非独占的权利和许可,以便您在只与服务相关的单个设备上使用任何软件的目标代码。您同意除了通过RiseSmart提供的用于访问服务的界面以外,不得采用其他任何方式访问服务。本条款和条件中未明确授予的权利均予保留,并未向您授予使用RiseSmart或任何第三方的与服务相关之商标的任何许可或权利。
3.3 您应自行对上传、发布、传递、提供或以其他方式传输或存储(“传输”)的与服务相关的所有数据、信息、反馈、建议、文本、内容和其他材料(“您的内容”)承担责任。您在此声明和保证,您就服务传输的您的内容(a)是准确、真实、合法、得体、诚实和完整的(包括但不限于有关您的简历、履历数据和就业信息(倘若您作为一名求职者或职业发展者正在使用服务)),和(b)没有任何漏洞、蠕虫病毒或其他病毒。您同意如果RiseSmart认为您违反上一句规定或者违反本服务条款的其他条款,则可从服务中删除您的内容。您有责任对您的登录名、密码、账户以及登录名或账户项下发生的所有活动进行保密。RiseSmart有权访问您的账户以回复您的技术支持请求。当您在服务上或通过服务传输您的内容,即表明您向RiseSmart授予非独占、永久、不可撤销、免版税、已缴足、可分许可和可转让的全球性许可,以供其使用、修改、复制、分发、展示、发布和实施与服务相关的您的内容。RiseSmart有权(但没有义务)筛查或监控服务、内容或您的内容。您进一步同意RiseSmart可以出于任何原因或者在无任何原因的情况下随时删除或禁用任何内容(包括但不限于收到与此类内容相关的第三方或当局的索赔或指控时)。
3.4 您认识到服务的运行(包括您的内容)可能未予加密,并涉及(a)通过各种网络进行传输,(b)进行变更以符合和适应连接网络或设备的技术要求,(c)传输给RiseSmart的第三方供应商和托管合作伙伴,以提供运营和维护服务时所需的必要硬件、软件、网络、存储和相关技术,和(d)传输给与向您提供服务相关的其他第三方。因此,您承认您应自行对您的内容的安全、保护和备份承担全部责任。如果您的内容遭到未经授权访问或使用或者该等内容发生任何损坏、删除、破坏或丢失,RiseSmart就此不会向您承担任何责任。
3.5 如果您是一名求职者或职业发展者,您进一步同意针对通过服务提供或获得的工作机会和其他信息,应基于自身的判断、谨慎和常识进行管理,如果依赖于或使用通过服务提供的任何内容(包括任何工作机会或职业建议),应自行承担相关风险。
3.6 如果RiseSmart未行使或执行本服务条款中的任何权利或条款,并不构成对该等权利的放弃。您承认本服务条款构成您与RiseSmart签订的合同(即使采用电子格式并且您和RiseSmart未在纸质文件上签字),本服务条款适用于您对服务的使用,并取代您和RiseSmart先前达成的类似协议。
3.7 您承认RiseSmart的公司客户可以聘请RiseSmart以协助(a)已经或将要从该公司客户处离职的当前和/或前雇员通过该服务寻找工作( “新职介绍协助”)或(b)该公司客户的现有员工通过服务实施职业发展(“职业发展协助”)(第(a)和(b)项统称为“公司客户参与计划”)。如果您根据公司客户的新职介绍协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关工作搜索的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均可单独或汇总地予以提供。如果您根据公司客户的职业发展协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关工作搜索或职业发展的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均汇总地予以提供。有关RiseSmart收集、使用和共享您和公司客户提供的与公司客户参与计划相关之信息的更多内容,请参阅RiseSmart隐私政策。
3.8 如果您根据公司客户参与计划使用服务,则表明您承认向您提供的服务在任何情况下均不会超出您据以有权访问服务之公司客户参与计划的范围、期限或其他限制。
3.9 您同意RiseSmart(a)可以制定有关使用服务的一般惯例和限制,包括但不限于该服务保存内容/您的内容的最长期间以及向您分配的最大存储空间,(b)如果删除或者未存储该服务维护或上传至该服务的任何内容/您的内容,RiseSmart对此不承担任何责任或义务,和(c)如果出于法律要求或者善意地相信为了下述目的存在合理必要性,也可能保存内容/您的内容或者予以披露:(i)遵守法律程序、适用法律或政府要求;(ii)执行本服务条款;(iii)针对声称任何内容/您的内容侵犯第三方权利作出回应;或(iv)保护RiseSmart、其用户和公众的权利、财产或人身安全。
您进一步同意RiseSmart可以出于任何原因或者在无任何原因的情况下随时删除或禁用任何内容/您的内容(包括但不限于收到与此类内容相关的第三方或当局的索赔或指控时)。
您进一步同意RiseSmart可以出于任何原因或者在无任何原因的情况下随时删除或禁用任何内容/您的内容(包括但不限于收到与此类内容相关的第三方或当局的索赔或指控时)。
4.付款。
如果就提供的服务或任何部分服务应支付任何费用(RiseSmart的公司客户未另行支付),您必须选择付款计划并向RiseSmart提供有关您的信用卡或其他支付工具的信息。您向RiseSmart声明和保证此类信息属实,并且您有权使用该等付款方式。您应及时更新账户信息,包括可能发生的任何更改(例如您的帐单邮寄地址或信用卡到期日的更改)。您同意根据付款计划的条款和本服务条款向RiseSmart支付该等计划中指定的金额。您在此授权RiseSmart根据适用的付款计划条款定期向您的付款工具开具账单,直至您终止账户为止,您还同意支付因此产生的任何费用。如果您对任何费用提出异议,则必须在RiseSmart向您开具发票之日起的六十(60)天内将该异议告知RiseSmart。RiseSmart保留随时变更服务价格的权利。如果RiseSmart变更价格,则应至少在变更生效的30天之前在本网站上发布变更通知或者就此向您发送电子邮件(按RiseSmart的选择)。如果在价格变更生效后您继续使用服务,即表明您同意支付更改后的金额。如果您根据公司客户参与计划使用服务,则该公司客户应就其授权RiseSmart向您提供的特定服务包支付费用。
5.声明和保证
在您使用服务时,您同意不得:违反任何司法管辖区的任何地方、州和联邦规则、法规和制定法,包括但不限于美国出口法律法规、反歧视或平等机会就业法;侵犯任何第三方的任何知识产权和隐私权,包括但不限于专利、版权、商标或商业秘密;上传、发布、传播或存储任何非法、冒犯、诽谤、欺诈、欺骗、误导、有害、威胁、骚扰、淫秽或令人反感的材料;违反您的任何合同或保密义务;破坏或干扰服务的正常运行,例如发布或传播任何类型的病毒、蠕虫病毒、脚本、宏或有害代码,连续发布重复材料、异常的大量数据或者RiseSmart不允许发布或传播的信息,包括但不限于任何未经授权的广告材料、未经请求的宣传材料、“垃圾邮件”、“连锁信”、金字塔计划、特许经营、分销、俱乐部会员资格、销售安排或其他不可接受的材料;通过滥用服务而侵犯他人的隐私权或个人权利,包括但不限于骚扰或“跟踪”他人、发送未经请求的电子邮件以及收集其他人的个人信息;违反或企图违反有关服务的任何安全措施;在未事先征得RiseSmart书面同意的情况下,使用任何设备、程序或机制(例如爬虫程序或机器人)来监控、检索、搜索或访问服务;访问或尝试访问服务中载列的任何第三方账户或登录名;发布或提交任何不准确、虚假或不完整的信息,例如有关您的简历、履历数据或就业的信息;冒充任何其他人或实体;伪造任何电子信息或邮件中的任何标题;或者歪曲自身或关联方与任何第三方的关系。
6.终止。
您有权根据网站上规定的程序或者单独向您提供的程序(若适用)随时终止您的账户。如果您根据公司客户参与计划使用服务,即表明您承认您对此类服务的访问权限将在公司客户参与计划期满或终止时到期。RiseSmart有权出于任何原因(包括RiseSmart认为您违反了本服务条款)(i)暂时或永久性修改或终止服务(或其任何部分)和(ii)拒绝当前和将来对服务的使用,暂停或终止您的账户(其任何部分)或对服务的使用,删除和弃置服务中的您的内容。如果RiseSmart修改、暂停或终止服务,其无需就此向您或任何第三方承担任何责任。在暂停或终止您的账户之前,RiseSmart将善意地联系您并向您告知该等情形。RiseSmart可自行决定终止您的账户,或者永久删除服务上所有的您的内容(若有)。如果RiseSmart无故终止您的账户,而您已注册付费服务(若适用,不包括公司客户参与计划),RiseSmart将按比例向您退还已预付但尚未消费的任何金额。但是,在本服务条款终止后,累积的所有付款权以及第4-12条仍然有效。
7.免责声明。
包括网站、内容(包括但不限于工作和职业发展机会、推荐和分析)和所有服务器、网络组件在内的服务均按“现状”和“现有”的基础提供,未附有任何形式的保证,RISESMART在此明确说明其未作出任何明示或暗示的保证,包括但不限于对适销性、所有权、特定用途的适用性和非侵权的暗示保证。您承认RISESMART未保证及时、安全、无错误或无病毒地提供服务,亦未保证该等服务不会发生中断,您从RISESMART或通过服务获得任何信息、建议或服务时,除服务条款中明确规定者以外,均未创设任何保证。在不限制上述规定一般性的情况下,如果您是一名求职者或职业发展者,(A)您承认和同意RISESMART可能向您的账户发布的工作机会系从第三方收到的,并且未就此进行任何审查,和(B)RISESMART未保证任何工作机会或其他信息的准确性或合法性,亦未保证您通过服务能够成功就业或获得职业发展,或者通过服务找到的任何工作或职业发展均适于您的需要或适合您。在任何情况下,RiseSmart均不对任何第三方(包括用户)的任何内容或材料承担任何责任,包括但不限于任何内容中的任何错误或遗漏,或者由于使用任何此类内容而遭受任何类型的损失或损害。您承认RiseSmart不会对内容进行预先筛查,但是RiseSmart及其指定人员有权(但没有义务)自行决定拒绝或删除通过服务提供的任何内容。您同意必须评估和承担与使用任何内容相关的所有风险,包括依赖于此类内容的准确性、完整性或有用性的风险。
8.责任限制。
8.1 无论在任何情况下或根据任何法律理论(无论是基于合同、侵权或其他依据),针对(a)任何间接、偶然、特殊、惩戒、后果或惩罚性损害(包括利润损失、销售或业务损失、数据丢失或业务中断)或者(b)任何直接损害、成本、损失或负债,RISESMART向您或任何第三方承担的责任不得超过在引致相关索赔的事件发生之前的六(6)个月内您实际支付的费用,如果未支付任何费用,则不得超过一百(100)美元。本条款向双方分配本服务条款项下的风险,双方在决定是否签订本服务条款时依赖于这些限制。
8.2 某些州不允许就暗示保证予以免责或排除,或者限制有关偶然或间接损害的责任,这意味着第7条(免责声明)和第8条(责任限制)中规定的某些限制可能不适用于您或者无法对您强制执行。在这些州,RISESMART的责任应限制在法律允许的最大范围内。如果您是一名来自新泽西州的用户,则第7条(免责声明)和第8条(责任限制)仅在新泽西法律允许的范围内予以适用。如果根据新泽西法律的规定这些条款的任何部分归于无效,则该部分的无效性不会影响剩余部分条款的效力。
9.赔偿。
如果由于您违反本服务条款、您的内容或者您对服务的其他访问、提交、使用或滥用而产生任何索赔、诉讼或要求(包括但不限于合理的法律和会计费用),则应向RiseSmart进行赔偿,为其辩护并使其免受损害。RiseSmart会向您发出有关此类索赔、诉讼或要求的通知。RiseSmart保留对本条项下赔偿所涉的任何事项单独进行辩护和控制的权利。在这种情况下,您同意就任何合理请求提供配合,并协助RiseSmart对此类事项进行辩护。尽管有上述规定,如果由于RiseSmart的任何作为或不作为而产生任何索赔、诉讼或要求,则您没有义务向RiseSmart进行赔偿,为其辩护或使其免受损害。
10.转让。
未经RiseSmart事先的书面同意,您不得转让本服务条款,但是RiseSmart可以不受限制地全部或部分让与或转让本服务条款。
11.适用法律。
本服务条款受加利福尼亚州法律管辖,不包括法律冲突原则。除非RiseSmart在特定情况下另行决定,否则您在此明确同意接受加利福尼亚州联邦和州法院的专属管辖权,以解决与您访问或使用服务有关的任何争议。
12.《数字千年版权法案》。
如果版权所有者认为互联网上出现的材料侵犯其根据美国版权法享有的权利,1998年《数字千年版权法案》为其提供追索权。RiseSmart将及时处理和调查涉嫌侵权的通知,并根据《数字千年版权法案》和其他适用的知识产权法律对任何涉嫌或实际发生的侵权行为采取适当行动。声称侵犯版权的通知应通过电子邮件(user.support@risesmart.com)发送给RiseSmart的版权代理人(主题栏: “《数字千年版权法案》删除请求”)。您也可以通过寄送邮件来联系RiseSmart:
收件人:版权代理人
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
通知: 为使通知生效,必须采用书面形式并载列以下信息:
- 代表版权或其他知识产权权益所有者行事的被授权人作出的电子签字或亲签;
- 有关您声称遭到侵权的受版权保护的作品或其他知识产权的说明;
- 有关您声称正在侵权的材料在网站上所处位置的说明,并附上RiseSmart在网站上如何找到该等材料的足够详情;
- 您的地址、电话号码和电子邮件地址;
- 您作出的一项声明,其中说明您基于充分的理由认为相关使用未征得版权或知识产权所有者、其代理机构或法律的授权;
- 您作出的一项声明,其中说明该通知中的上述信息是准确的,并且您是版权或知识产权所有者或经授权而代表该等所有者行事的人员,否则将受到伪证罪的处罚。
13. 1.Apple支持的软件应用程序。
RiseSmart提供各种软件应用程序,它们能够在Apple Inc.(“Apple”)商业化提供的产品及其他平台上运行。对于您在Apple品牌产品(此类软件简称“Apple支持软件”)上使用的软件,除了本服务条款中规定的其他条款和条件外,还应适用以下条款和条件:
- RiseSmart和您承认本服务条款只由RiseSmart和您签订,而非与Apple签订,就RiseSmart和Apple而言,应由RiseSmart(而非Apple)对Apple支持的软件及其内容承担全部责任。
- 如果违反或不符合App Store服务条款中就Apple支持的软件规定的使用规则,或者以其他方式与该等服务条款相冲突,则您不得以该等方式使用Apple支持的软件。
- 在App Store服务条款中规定的使用规则允许的情况下,您使用Apple支持的软件的许可仅限于在您拥有或控制的iOS产品上使用该等软件的不可转让许可。
- Apple没有义务为Apple支持的软件提供任何维护或支持服务。
- Apple依法未对任何产品作出任何明示或暗示的保证。如果Apple支持的软件未遵守任何适用保证,您可以通知Apple,Apple将向您退还Apple支持软件的购买价格(若有);在适用法律允许的最大范围内,Apple对于Apple支持的软件或者未遵守任何保证所导致的其他任何索赔、损失、责任、损害、成本或费用(如果根据适用法律无法予以免责,则在该等范围内完全由RiseSmart承担全部责任)不承担其他任何保证义务。
- RiseSmart和您承认应由RiseSmart(而非Apple)负责解决您或任何第三方就Apple支持的软件或者您拥有和/或使用该等Apple软件有关的任何索赔,包括但不限于:(i)产品责任索赔;(ii)Apple支持的软件不符合任何适用法律或监管要求而产生的任何索赔;(iii)根据消费者保护或类似法律提出的索赔。
- 如果任何第三方声称Apple支持软件或最终用户拥有和使用该等软件侵犯了第三方知识产权,就RiseSmart和Apple而言,应由RiseSmart(而非Apple)就任何该等知识产权侵权索赔的调查、辩护、解决和解除承担全部责任。
- 您声明和保证:(i)您所在的国家不受美国政府禁运,或者未被美国政府指定为“支持恐怖主义”国家;和(ii)您未被列入任何美国政府禁止或限制方的名单。
- 如果您对Apple支持的软件有任何问题、投诉或索赔,请按下列地址将其发送给RiseSmart:
RiseSmart和您承认并同意Apple及其子公司是本服务条款的第三方受益人,在您接受本服务条款的条款和条件后,Apple将作为第三方受益人拥有就Apple支持的软件向您强制执行本服务条款的权利(并视为已接受该等权利)。
14.与其他网站的链接。
服务中可能包含指向第三方网站的链接。这些链接仅供参考,RiseSmart并未认可此类第三方网站上的内容。RiseSmart不对链接的第三方网站上的内容承担责任,亦未对此类第三方网站上材料的内容或准确性作出任何声明。如果您决定访问链接的第三方网站,应自行承担风险。
15.移动设备。
如果您通过移动设备使用服务,则表明您同意通过移动设备和运营商使用服务的信息可能会传送给RiseSmart,包括但不限于您的移动运营商、移动设备或您的实际位置。此外,通过移动设备使用服务可能导致在移动设备上或通过移动设备显示相关数据。在您通过移动设备访问服务时,即表明您声明在您将任何RiseSmart数据导入移动设备的范围内,您有权向移动运营商或其他访问提供商共享传输的数据。如果您更改或停用移动设备/账户,则必须确保其他方无法访问(或者不会向另一方发送)您的账户(以及任何相关消息(如适用)),否则您须就此承担全部责任。您承认应自行对通过移动设备和提供商访问服务的所有相关费用和必要许可承担责任。因此,您应该咨询提供商以了解您的特定移动设备就该等服务所规定的条款。当您通过任何可下载应用程序来使用服务时,即表明您明确承认您接受在下载或安装时或者可能不时更新时与所提供应用程序相关的最终用户许可协议的条款。
自2019年1月18日起生效
RISESMART隐私政策
Effective July 15th 2019
DownloadTable of Contents
RISESMART隐私政策
RiseSmart, Inc.及其关联方(统称为“RiseSmart”)根据本服务条款(列于http://www.RiseSmart.com/terms-conditions,简称“服务条款”)和本隐私政策并通过RiseSmart控制的网站(包括但不限于http://www.RiseSmart.com,统称为“网站”)向您提供服务(定义见下文)。“服务”包括(a)网站,(b)RiseSmart的新职介绍、职业管理服务以及其他相关服务(包括文件管理和分析服务)和相关技术,和(c)所有软件、材料、门户网站、建议、工作机会、数据、报告、文本、图像、声频、视频、分析和通过上述各项提供的其他内容(统称为“内容”)。
RiseSmart是一家通过服务收集和处理所有信息的数据控制商。向服务添加或增加的任何新功能也应符合本服务条款和本隐私政策的规定。本隐私政策规定了RiseSmart就服务收集、传输和以其他方式使用个人身份数据(“个人数据”)和其他信息方面的政策。在您使用服务的期间内可能收集的匿名数据不属于“个人数据”。
您的同意
当您自愿向RiseSmart提供个人数据或以其他方式使用服务时,即表明您同意RiseSmart收集、传输和使用本隐私政策中所述的您的个人数据及其他信息,RiseSmart还可以不时向您提供与服务相关的任何其他通知。您有权撤销此同意,并要求删除您提供给RiseSmart的信息。
从您那里收到的个人数据
如果您希望使用服务,RiseSmart可能要求您直接向RiseSmart提供个人数据。RiseSmart可能从您那里收到:
- 您的姓名、当前或最近的职位、公司名称、电话号码、地址、电子邮件地址和其他身份或联系信息;
- 您的工作经历和其他经验、教育和培训、其他资格、就业目标、薪酬期望、兴趣以及其他职业和履历信息;
- 有关您的职业发展和求职的里程碑进展和状态的信息;和
- 就您的职业发展、求职和服务而言,有关您的客户满意度或其他反馈的信息。
此外,当您通过服务与RiseSmart互动时,RiseSmart可能在您自愿提供您的其他个人数据和信息时(例如当您联系RiseSmart进行查询或者回复RiseSmart的某项调查时)收集该等信息。
RiseSmart会要求您通过与服务相关的各种渠道提供您的个人数据,包括激活您的服务账户(无论通过在线注册还是填写纸质表格),填写简历、清单和问卷调查,培训和咨询会议,讨论以及发送电子邮件等渠道。该服务还可能收集您的互联网协议(IP)地址。
对于您在服务上可能开设的个人网络账户,RiseSmart可能要求您设定唯一的用户名、密码和提醒问题,并使用此登录信息访问您的账户。您同意对您的用户名、密码和提醒问题信息进行保密,如果未予保密,则应对由此导致的与您的个人数据或其他信息的任何使用、盗窃、更改、误用、披露或其他损失承担全部责任。
从公司客户收到的个人数据
您承认RiseSmart的公司客户可以聘请RiseSmart以协助(a)已经或将要从该公司客户处离职的当前和/或前雇员通过该服务寻找工作( “新职介绍协助”)或(b)该公司客户的现有员工通过服务实施职业发展(“职业发展协助”)(第(a)和(b)项统称为“公司客户参与计划”)。就公司客户参与计划而言,RiseSmart从公司客户处收到有资格获得服务的人员名单。
如果您符合资格,公司客户的名单中可能包括您的姓名、当前或最近的职位、家庭住址、电话号码、电子邮件地址、所属部门或业务单位以及其他个人数据。
如果您符合资格,公司客户的名单中可能包括您的姓名、当前或最近的职位、家庭住址、电话号码、电子邮件地址、所属部门或业务单位以及其他个人数据。
由于RiseSmart为您提供由您的雇主或前雇主提供的服务的合法权益,因此其以这种方式处理您的信息。RiseSmart只通过从公司客户处收到的个人数据来联系合格参与者。
个人数据的跨国转移
如果您或公司客户提供与服务相关的个人数据,您承认和同意此类个人数据可能从您或公司客户的当前位置转移至位于美国或其他国家/地区的RiseSmart办公室、服务器以及本政策中提及的获授权第三方。
其他信息和Cookie的使用
当您通过服务与RiseSmart交互时,RiseSmart会接收和存储某些非个人身份信息。这些信息是通过各种技术被动收集的,当前无法用于识别您的具体身份。此外,作为服务功能的一部分,该服务可能收集其他非个人身份信息(例如收集不包含个人身份信息的问卷答复)。RiseSmart可自行存储此类信息或者在RiseSmart代理商或服务提供商拥有和维护的数据库中可能载有的此类信息。在服务中可以使用此类信息并将其与其他信息结合起来,以跟踪网站或服务的访问总人数、服务或每个网站页面的访问人数以及RiseSmart访客的互联网服务供应商的域名。值得注意的是,除非您或公司客户按上文规定自愿提供个人数据,否则在此过程中不会提供或使用任何该等个人数据。
在提供服务时,RiseSmart可能使用一种名称为“cookies”的技术。 Cookie是在您访问服务时托管服务的计算机向您的浏览器提供的一种信息。RiseSmart的cookie有助于为服务提供附加功能,并协助RiseSmart更准确地分析服务使用情况。例如,该服务可能在您的浏览器上设置cookie,据此您在使用服务期间无需多次输入密码即可访问服务。在RiseSmart使用cookie的任何情况下,除非得到您的许可,否则RiseSmart不会收集个人数据。
在您使用服务后,RiseSmart可能(并可能允许第三方服务提供商)使用此类cookie或类似技术跨不同网站地不断收集有关您的浏览活动的信息。该服务目前不支持“不跟踪”(DNT)信号,因此无论是否收到DNT信号,均会按照本隐私政策的规定运行。如果在将来RiseSmart支持DNT信号,会在本隐私政策中说明运行方法。
与公司客户共享信息
如果您根据公司客户的新职介绍协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关职业发展的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均可单独或汇总地予以提供(统称为“新职介绍进展数据”)。RiseSmart可能不时向您提供工具,以便您调整RiseSmart可以与公司客户共享的新职介绍进展数据。如果您根据公司客户的职业发展协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关工作搜索的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均可汇总地予以提供(统称为“职业发展进展数据”)。RiseSmart可能不时向您提供工具,以便您调整RiseSmart可以与公司客户共享的职业发展进展数据。如果您对RiseSmart可能与公司客户共享的新职介绍进展数据或职业协助进展数据有任何问题或疑虑,请联系user.support@risesmart.com(参见下文信息)。
有关您的信息的其他用途和共享
RiseSmart可出于向您提供服务的目的而在服务范围内收集、传输和使用您的个人数据和其他信息,包括但不限于为了确定您希望从服务中获得哪些特定协助,以及向您提供工作机会、工作搜索培训、简历写作协助和/或其他协助(如果您是一名求职者)。RiseSmart还可出于以下目的使用您的个人数据和其他信息:(a)确认您的身份和进行验证,例如在访问您的服务账户或者与RiseSmart员工通信时,或(b)就您的账户在内部升级或调整RiseSmart账户的服务活动,在内部向RiseSmart管理层报告服务绩效,进行内部培训以及以其他方式管理RiseSmart的业务。
此外,如果您出于某种原因提供个人数据或其他信息,RiseSmart可能基于该等原因使用此类个人数据或其他信息。例如,如果您通过电子邮件联系RiseSmart,RiseSmart会使用您提供的个人数据来回答或解决您的问题。
RiseSmart还可能使用和共享通过服务收集的您的个人数据和其他信息,具体如下所示:
- RiseSmart可能使用您的个人数据和其他信息来协助RiseSmart改进服务的内容和功能,更好地了解RiseSmart的用户以及改进服务。
- 在RiseSmart开展业务的过程中可能出售或购买企业或资产。如果发生公司出售、合并、重组、解散或类似事件,个人数据和其他信息可能构成被转让资产的一部分。
- RiseSmart可能出于与本隐私政策相一致的目的与RiseSmart关联方共享您的个人数据和其他信息。
- 与许多企业一样,RiseSmart有时聘请其他公司来执行与业务相关的某些职能,包括分析职能。当RiseSmart聘请其他公司代表其履行职能时,RiseSmart可以在必要或有用的范围内向其提供您的个人数据和其他信息,以履行特定的职能。这些服务提供商包括托管我们服务器、提供客户管理工具、提供通信工具以及协助检测和防止欺诈行为的公司。
- 如果出于法律要求或者善意地相信为了(i)遵守法律义务,(ii)保护和捍卫RiseSmart的权利或财产,(iii)在紧急情况下采取行动以保护公众或服务的用户之人身安全,或(iv)防止产生法律责任,RiseSmart可能在必要情况下披露您的个人数据和其他信息。
个人汇总数据
个人汇总数据
为了持续且更好地了解和服务用户,RiseSmart经常根据接收的个人数据和其他信息对用户的人口统计划分、兴趣、结果和行为进行研究。该研究以及有关用户行为、结果或评论的其他指标或分析可以在汇总的基础上进行编辑和分析,RiseSmart可以与其关联方、代理商和业务合作伙伴共享此类汇总数据。此类汇总信息无法识别您的身份。RiseSmart还可能披露汇总的用户统计数据,以便出于其他合法目的向当前和潜在的业务合作伙伴以及其他第三方说明RiseSmart的服务。
信息管理
RiseSmart可以通过数字形式接收或输入您的所有个人数据或其他信息。RiseSmart可以将您的所有个人数据和其他信息合并到一个单独的专门数据库记录中,并可以将其存储在美国或其他国家/地区托管的服务器上。您有权确保RiseSmart持有的您的个人数据是正确的。为确保个人数据的准确性,RiseSmart可能提示和要求您查看您的账户中的个人数据摘要和其他信息,并确认或更正这些信息。
RiseSmart的员工可以在线访问您的账户,以确定需求和行动项目,如果您是一名求职者,员工还可以从任何办公室、差旅或工作地点向您的账户发送工作机会。
RiseSmart采取合理措施来保护通过服务提供的个人数据和其他信息,以使其免遭丢失、误用以及未经授权的访问、披露、更改或破坏。但是,任何互联网或电子邮件传输均非完全安全或者不会发生错误。特别是,通过电子邮件或其他方式与服务之间传输信息时也可能是不安全的。因此,当您决定通过电子邮件或任何其他传输方式向RiseSmart发送信息时应特别谨慎。
与其他网站的链接
本隐私政策仅适用于该服务。服务中可能包含并非由RiseSmart运营或控制的其他网站(“第三方网站”)的链接。本隐私政策中规定的内容和程序不适用于第三方网站。服务中的链接并不意味着RiseSmart认可或已审核第三方网站。RiseSmart建议您直接联系这些网站,以获取有关其隐私政策的信息。
公共信息
如果您主动通过服务或任何其他方式向RiseSmart提供任何个人信息,例如向服务的公共区域发布信息,此类信息将被视为非保密信息。RiseSmart可以自由地复制、使用此类信息或者向其他方披露和分发,不会受到任何限制,亦无需注明出处。世界上有权访问本网站的任何人均可访问和保存发布到公共区域的任何信息。
儿童
RiseSmart不适用于13岁以下儿童,也不会故意收集该等儿童的信息。
本隐私政策的变更
服务和RiseSmart的业务可能不时发生变更。因此,RiseSmart有时可能需要对本隐私政策进行变更。RiseSmart保留随时更新或修改本隐私政策的权利,恕不另行通知。请定期查看本政策,特别是在您提供任何个人数据之前。本隐私政策的最后更新日期列于下文。在对本隐私政策进行任何变更或修订后,如果您继续使用服务,即表明您同意经修订隐私政策的条款。
联系RiseSmart
为确保您的个人数据准确、最新和完整,请按照下述联系方式联系RiseSmart。RiseSmart将采取合理措施更新或更正您在此前通过服务提交并由我们持有的个人数据。
如果您遇到与本隐私政策或隐私事宜相关的问题或疑虑,则可通过以下地址联系RiseSmart首席隐私官:
隐私办公室
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
电子邮件:user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
电子邮件:user.support@risesmart.com
欧洲经济区和瑞士的用户有权就数据保护事宜向其所在国家的监管机构提出申诉。
自2019年1月18日起生效
Effective May 7th 2019 to July 15th 2019
DownloadTable of Contents
RISESMART隐私政策
RiseSmart, Inc.及其关联方(统称为“RiseSmart”)根据本服务条款(列于http://www.RiseSmart.com/terms-conditions,简称“服务条款”)和本隐私政策并通过RiseSmart控制的网站(包括但不限于http://www.RiseSmart.com,统称为“网站”)向您提供服务(定义见下文)。“服务”包括(a)网站,(b)RiseSmart的新职介绍、职业管理服务以及其他相关服务(包括文件管理和分析服务)和相关技术,和(c)所有软件、材料、门户网站、建议、工作机会、数据、报告、文本、图像、声频、视频、分析和通过上述各项提供的其他内容(统称为“内容”)。
RiseSmart是一家通过服务收集和处理所有信息的数据控制商。向服务添加或增加的任何新功能也应符合本服务条款和本隐私政策的规定。本隐私政策规定了RiseSmart就服务收集、传输和以其他方式使用个人身份数据(“个人数据”)和其他信息方面的政策。在您使用服务的期间内可能收集的匿名数据不属于“个人数据”。
您的同意
当您自愿向RiseSmart提供个人数据或以其他方式使用服务时,即表明您同意RiseSmart收集、传输和使用本隐私政策中所述的您的个人数据及其他信息,RiseSmart还可以不时向您提供与服务相关的任何其他通知。您有权撤销此同意,并要求删除您提供给RiseSmart的信息。
从您那里收到的个人数据
如果您希望使用服务,RiseSmart可能要求您直接向RiseSmart提供个人数据。RiseSmart可能从您那里收到:
- 您的姓名、当前或最近的职位、公司名称、电话号码、地址、电子邮件地址和其他身份或联系信息;
- 您的工作经历和其他经验、教育和培训、其他资格、就业目标、薪酬期望、兴趣以及其他职业和履历信息;
- 有关您的职业发展和求职的里程碑进展和状态的信息;和
- 就您的职业发展、求职和服务而言,有关您的客户满意度或其他反馈的信息。
此外,当您通过服务与RiseSmart互动时,RiseSmart可能在您自愿提供您的其他个人数据和信息时(例如当您联系RiseSmart进行查询或者回复RiseSmart的某项调查时)收集该等信息。
RiseSmart会要求您通过与服务相关的各种渠道提供您的个人数据,包括激活您的服务账户(无论通过在线注册还是填写纸质表格),填写简历、清单和问卷调查,培训和咨询会议,讨论以及发送电子邮件等渠道。该服务还可能收集您的互联网协议(IP)地址。
对于您在服务上可能开设的个人网络账户,RiseSmart可能要求您设定唯一的用户名、密码和提醒问题,并使用此登录信息访问您的账户。您同意对您的用户名、密码和提醒问题信息进行保密,如果未予保密,则应对由此导致的与您的个人数据或其他信息的任何使用、盗窃、更改、误用、披露或其他损失承担全部责任。
从公司客户收到的个人数据
您承认RiseSmart的公司客户可以聘请RiseSmart以协助(a)已经或将要从该公司客户处离职的当前和/或前雇员通过该服务寻找工作( “新职介绍协助”)或(b)该公司客户的现有员工通过服务实施职业发展(“职业发展协助”)(第(a)和(b)项统称为“公司客户参与计划”)。就公司客户参与计划而言,RiseSmart从公司客户处收到有资格获得服务的人员名单。
如果您符合资格,公司客户的名单中可能包括您的姓名、当前或最近的职位、家庭住址、电话号码、电子邮件地址、所属部门或业务单位以及其他个人数据。
如果您符合资格,公司客户的名单中可能包括您的姓名、当前或最近的职位、家庭住址、电话号码、电子邮件地址、所属部门或业务单位以及其他个人数据。
由于RiseSmart为您提供由您的雇主或前雇主提供的服务的合法权益,因此其以这种方式处理您的信息。RiseSmart只通过从公司客户处收到的个人数据来联系合格参与者。
个人数据的跨国转移
如果您或公司客户提供与服务相关的个人数据,您承认和同意此类个人数据可能从您或公司客户的当前位置转移至位于美国或其他国家/地区的RiseSmart办公室、服务器以及本政策中提及的获授权第三方。
其他信息和Cookie的使用
当您通过服务与RiseSmart交互时,RiseSmart会接收和存储某些非个人身份信息。这些信息是通过各种技术被动收集的,当前无法用于识别您的具体身份。此外,作为服务功能的一部分,该服务可能收集其他非个人身份信息(例如收集不包含个人身份信息的问卷答复)。RiseSmart可自行存储此类信息或者在RiseSmart代理商或服务提供商拥有和维护的数据库中可能载有的此类信息。在服务中可以使用此类信息并将其与其他信息结合起来,以跟踪网站或服务的访问总人数、服务或每个网站页面的访问人数以及RiseSmart访客的互联网服务供应商的域名。值得注意的是,除非您或公司客户按上文规定自愿提供个人数据,否则在此过程中不会提供或使用任何该等个人数据。
在提供服务时,RiseSmart可能使用一种名称为“cookies”的技术。 Cookie是在您访问服务时托管服务的计算机向您的浏览器提供的一种信息。RiseSmart的cookie有助于为服务提供附加功能,并协助RiseSmart更准确地分析服务使用情况。例如,该服务可能在您的浏览器上设置cookie,据此您在使用服务期间无需多次输入密码即可访问服务。在RiseSmart使用cookie的任何情况下,除非得到您的许可,否则RiseSmart不会收集个人数据。
在您使用服务后,RiseSmart可能(并可能允许第三方服务提供商)使用此类cookie或类似技术跨不同网站地不断收集有关您的浏览活动的信息。该服务目前不支持“不跟踪”(DNT)信号,因此无论是否收到DNT信号,均会按照本隐私政策的规定运行。如果在将来RiseSmart支持DNT信号,会在本隐私政策中说明运行方法。
与公司客户共享信息
如果您根据公司客户的新职介绍协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关职业发展的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均可单独或汇总地予以提供(统称为“新职介绍进展数据”)。RiseSmart可能不时向您提供工具,以便您调整RiseSmart可以与公司客户共享的新职介绍进展数据。如果您根据公司客户的职业发展协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关工作搜索的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均可汇总地予以提供(统称为“职业发展进展数据”)。RiseSmart可能不时向您提供工具,以便您调整RiseSmart可以与公司客户共享的职业发展进展数据。如果您对RiseSmart可能与公司客户共享的新职介绍进展数据或职业协助进展数据有任何问题或疑虑,请联系user.support@risesmart.com(参见下文信息)。
有关您的信息的其他用途和共享
RiseSmart可出于向您提供服务的目的而在服务范围内收集、传输和使用您的个人数据和其他信息,包括但不限于为了确定您希望从服务中获得哪些特定协助,以及向您提供工作机会、工作搜索培训、简历写作协助和/或其他协助(如果您是一名求职者)。RiseSmart还可出于以下目的使用您的个人数据和其他信息:(a)确认您的身份和进行验证,例如在访问您的服务账户或者与RiseSmart员工通信时,或(b)就您的账户在内部升级或调整RiseSmart账户的服务活动,在内部向RiseSmart管理层报告服务绩效,进行内部培训以及以其他方式管理RiseSmart的业务。
此外,如果您出于某种原因提供个人数据或其他信息,RiseSmart可能基于该等原因使用此类个人数据或其他信息。例如,如果您通过电子邮件联系RiseSmart,RiseSmart会使用您提供的个人数据来回答或解决您的问题。
RiseSmart还可能使用和共享通过服务收集的您的个人数据和其他信息,具体如下所示:
- RiseSmart可能使用您的个人数据和其他信息来协助RiseSmart改进服务的内容和功能,更好地了解RiseSmart的用户以及改进服务。
- 在RiseSmart开展业务的过程中可能出售或购买企业或资产。如果发生公司出售、合并、重组、解散或类似事件,个人数据和其他信息可能构成被转让资产的一部分。
- RiseSmart可能出于与本隐私政策相一致的目的与RiseSmart关联方共享您的个人数据和其他信息。
- 与许多企业一样,RiseSmart有时聘请其他公司来执行与业务相关的某些职能,包括分析职能。当RiseSmart聘请其他公司代表其履行职能时,RiseSmart可以在必要或有用的范围内向其提供您的个人数据和其他信息,以履行特定的职能。这些服务提供商包括托管我们服务器、提供客户管理工具、提供通信工具以及协助检测和防止欺诈行为的公司。
- 如果出于法律要求或者善意地相信为了(i)遵守法律义务,(ii)保护和捍卫RiseSmart的权利或财产,(iii)在紧急情况下采取行动以保护公众或服务的用户之人身安全,或(iv)防止产生法律责任,RiseSmart可能在必要情况下披露您的个人数据和其他信息。
个人汇总数据
个人汇总数据
为了持续且更好地了解和服务用户,RiseSmart经常根据接收的个人数据和其他信息对用户的人口统计划分、兴趣、结果和行为进行研究。该研究以及有关用户行为、结果或评论的其他指标或分析可以在汇总的基础上进行编辑和分析,RiseSmart可以与其关联方、代理商和业务合作伙伴共享此类汇总数据。此类汇总信息无法识别您的身份。RiseSmart还可能披露汇总的用户统计数据,以便出于其他合法目的向当前和潜在的业务合作伙伴以及其他第三方说明RiseSmart的服务。
信息管理
RiseSmart可以通过数字形式接收或输入您的所有个人数据或其他信息。RiseSmart可以将您的所有个人数据和其他信息合并到一个单独的专门数据库记录中,并可以将其存储在美国或其他国家/地区托管的服务器上。您有权确保RiseSmart持有的您的个人数据是正确的。为确保个人数据的准确性,RiseSmart可能提示和要求您查看您的账户中的个人数据摘要和其他信息,并确认或更正这些信息。
RiseSmart的员工可以在线访问您的账户,以确定需求和行动项目,如果您是一名求职者,员工还可以从任何办公室、差旅或工作地点向您的账户发送工作机会。
RiseSmart采取合理措施来保护通过服务提供的个人数据和其他信息,以使其免遭丢失、误用以及未经授权的访问、披露、更改或破坏。但是,任何互联网或电子邮件传输均非完全安全或者不会发生错误。特别是,通过电子邮件或其他方式与服务之间传输信息时也可能是不安全的。因此,当您决定通过电子邮件或任何其他传输方式向RiseSmart发送信息时应特别谨慎。
与其他网站的链接
本隐私政策仅适用于该服务。服务中可能包含并非由RiseSmart运营或控制的其他网站(“第三方网站”)的链接。本隐私政策中规定的内容和程序不适用于第三方网站。服务中的链接并不意味着RiseSmart认可或已审核第三方网站。RiseSmart建议您直接联系这些网站,以获取有关其隐私政策的信息。
公共信息
如果您主动通过服务或任何其他方式向RiseSmart提供任何个人信息,例如向服务的公共区域发布信息,此类信息将被视为非保密信息。RiseSmart可以自由地复制、使用此类信息或者向其他方披露和分发,不会受到任何限制,亦无需注明出处。世界上有权访问本网站的任何人均可访问和保存发布到公共区域的任何信息。
儿童
RiseSmart不适用于13岁以下儿童,也不会故意收集该等儿童的信息。
本隐私政策的变更
服务和RiseSmart的业务可能不时发生变更。因此,RiseSmart有时可能需要对本隐私政策进行变更。RiseSmart保留随时更新或修改本隐私政策的权利,恕不另行通知。请定期查看本政策,特别是在您提供任何个人数据之前。本隐私政策的最后更新日期列于下文。在对本隐私政策进行任何变更或修订后,如果您继续使用服务,即表明您同意经修订隐私政策的条款。
联系RiseSmart
为确保您的个人数据准确、最新和完整,请按照下述联系方式联系RiseSmart。RiseSmart将采取合理措施更新或更正您在此前通过服务提交并由我们持有的个人数据。
如果您遇到与本隐私政策或隐私事宜相关的问题或疑虑,则可通过以下地址联系RiseSmart首席隐私官:
隐私办公室
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
电子邮件:user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
电子邮件:user.support@risesmart.com
欧洲经济区和瑞士的用户有权就数据保护事宜向其所在国家的监管机构提出申诉。
自2019年1月18日起生效
TERMINI e CONDIZIONI
Effective January 17th 2020
DownloadTable of Contents
TERMINI e CONDIZIONI
1. Accettazione dei Termini.
1.1 RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (come denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai presenti Termini di servizio (qui di seguito denominati “TOS”, Terms Of Service in inglese). Accettando i presenti TOS, o accedendo o utilizzando il Servizio o il Sito, l’Utente accetta di aver letto e compreso i presenti TOS, e di approvare di esserne vincolato. Qualora l’Utente non sia d’accordo con i presenti TOS, lo invitiamo a non accettarli e pertanto non potrà utilizzare il Servizio.
1.2 RiseSmart è autorizzata a modificare tali TOS quando necessario, senza alcun preavviso. I termini e condizioni modificati entrano in vigore a decorrere dal momento della loro pubblicazione e se l’Utente utilizza il Servizio dopo tale data, tale utilizzo verrà considerato come un’accettazione tacita dei termini e delle condizioni modificati. Se l’Utente non considera accettabili alcune modifiche dei TOS, l’unica soluzione è la cessazione dell’accesso e dell’utilizzo del Servizio.
2. Descrizione del servizio.
Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (inclusa la gestione dei file e i servizi analitici), le tecnologie connesse e le applicazioni (tra cui, senza limitazioni, le applicazioni e i servizi a cui è possibile accedere tramite tutte le interfacce mobili o meno, che permettono l’accesso a tali servizi e applicazioni), e (c) tutti i software (incluso il Software, come denominato di seguito) i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (collettivamente denominati “Contenuti”). Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai presenti TOS.
3. Condizioni generali/Accesso e utilizzo del Servizio.
3.1 In conformità con i termini e condizioni dei presenti TOS, l’accesso dei nostri Utenti al Servizio e il suo utilizzo sono ammessi unicamente per scopi leciti. Tutti i diritti, i titoli e gli interessi all’interno e per il Servizio e le sue componenti verranno conservati e rimarranno proprietà esclusiva di RiseSmart. Non sono autorizzati (e questo vale per l’Utente e per le terze parti) (a) la copia, la riproduzione, la modifica, la cancellazione, la distribuzione, il download, la conservazione, la trasmissione, la pubblicazione, la creazione di opere derivate, la decompilazione e l’assemblaggio inverso o qualunque tentativo, diretto o indiretto, di scoprire qualsiasi codice sorgente, la vendita, la sublicenza, la rivendita, l’affitto, la concessione, il trasferimento, l’assegnazione o la condivisione di proprietà del Servizio, nonché lo sfruttamento a scopo commerciale di questo e la messa a disposizione del Servizio a terzi; (b) l’utilizzo del Servizio per scopi non conformi con la legge (incluso, senza limitazioni, il suo utilizzo in violazione di qualsiasi legge sui dati, sulla privacy o sul controllo dell’esportazione) in qualsivoglia maniera che interferisca con o che sia in opposizione con l’integrità o con le prestazioni del servizio o dei suoi componenti, (c) la modifica, l’adattamento o il pirataggio del Servizio avente come obiettivo l’ottenimento di un accesso non autorizzato al Servizio o ai sistemi e alle reti ad esso connesse; o (d) l’utilizzo di qualsiasi Contenuto in altri siti o media (e.g., ambienti di networking). I nostri Utenti sono tenuti a confermarsi a tutti i codici di condotta e a tutte le politiche o notifiche fornite da RiseSmart in rapporto con il Servizio. Sono tenuti inoltre a notificare immediatamente a RiseSmart qualsiasi breccia relativa alla scurezza in relazione con il Servizio. Inoltre, utilizzando alcuni servizi, i nostri Utenti saranno soggetti a ulteriori termini, applicabili ai servizi che potrebbero essere pubblicati puntualmente nel Servizio, tra i quali è inclusa, senza limitazioni, la Politica sulla privacy di RiseSmart.
3.2 Qualsiasi software reso disponibile da RiseSmart in rapporto con il Servizio (“Software”) contiene informazioni di proprietà riservata e confidenziali, protette dalle leggi applicabili sulla proprietà intellettuale e da altre leggi. Nel rispetto dei termini de condizioni di questi TOS, RiseSmart garantisce con la Presente diritto e licenza personali, non trasferibili, non concedibili in sublicenza e non esclusivi, di utilizzare il codice oggetto di qualsiasi Software in un singolo dispositivo, unicamente se in rapporto con il Servizio. I nostri Utenti accettano di non accedere al Servizio con qualsivoglia mezzo che non sia l’interfaccia fornita da RiseSmart per un utilizzo finalizzato all’accesso al Servizio. Tutti i diritti non espressamente garantiti nel presente documento sono riservati e non sono garantiti ai nostri Utenti nessun diritto e nessuna licenza di utilizzare marchi di proprietà di RiseSmart o qualsiasi terza parte in relazione con il Servizio.
3.3 Ogni Utente è l’unico responsabile di tutti i dati, le informazioni, i riscontri, le suggestioni, i testi, i contenuti e altri materiali da esso scaricati, pubblicati, forniti, consegnati o trasmessi in qualsivoglia maniera o conservati (qui di seguito “trasmessi” /“trasmissione”) in relazione o in rapporto con il Servizio (“Il Contenuto Utente”). Ogni Utente si porta con la Presente rappresentante e garante del fatto che il proprio Contenuto da esso trasmesso nel rispetto del Servizio (a) sia attendibile, corretto, legale, decente, onesto e completo (incluso, senza limitazioni, per quanto riguarda il suo curriculum, i suoi dati anagrafici e le sue informazioni occupazionali, se l’Utente utilizza il Servizio come cercatore di lavoro o cercatore di un’evoluzione della carriera), e (b) sia esente da errori, worm o virus. L’Utente approva che RiseSmart possa procedere a rimozione del suo Contenuto dal Servizio qualora ritenga che l’Utente agisce in violazione di quanto detto in precedenza o di altri termini dei presenti TOS. L’Utente ha la responsabilità di mantenere la confidenzialità dei propri login, password e account, nonché di tutte le attività effettuate all’interno del suo login o account. RiseSmart si riserva il diritto di accedere all’account dell’Utente al fine di rispondere alle sue richieste di assistenza tecnica. Trasmettendo il proprio Contenuto nel o tramite il Servizio, l’Utente è tenuto a garantire e garantisce di fatto con la Presente a RiseSmart la licenza non esclusiva, perenne, irrevocabile, senza royalty, interamente pagata, concedibile in sublicenza e trasferibile, di utilizzare, modificare, riprodurre, distribuire, visualizzare, pubblicare ed eseguire il suo Contenuto in relazione con il Servizio. RiseSmart ha il diritto, ma non l’obbligo, di vagliare o monitorare il Servizio, il Contenuto o il Contenuto Utente. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto), o per ragioni non precisate.
3.4 L’Utente prende conoscenza del fatto che la gestione del Servizio, incluso del suo Contenuto, potrebbe essere non cifrato e che comprende (a) la trasmissione attraverso diverse reti, (b) cambiamenti volti a conformare o adattare le prescrizioni tecniche di connessione di reti o dispositivi, (c) la trasmissione a venditori esterni di RiseSmart e l’hosting di partner per fornire gli hardware, i software, il networking, la conservazione e le relative tecnologie necessarie per l’esecuzione e il mantenimento del Servizio, e (d) la trasmissione ad altri terzi in relazione con l’erogazione del Servizio all’Utente. Analogamente, l’Utente riconosce di avere la responsabilità esclusiva delle misure di sicurezza, di protezione e di backup del suo Contenuto. RiseSmart non sarà ritenuto in alcun caso responsabile per qualsiasi accesso o utilizzo non autorizzato di Contenuti di sua proprietà, o per qualsiasi danneggiamento, cancellazione, distruzione o perdita di Contenuti di sua proprietà.
3.5 Qualora l’Utente sia un richiedente di lavoro o di evoluzione della carriera, egli è tenuto ad accettare di agire in coscienza, facendo prova di prudenza e buon senso nel gestire le opportunità di lavoro e altre informazioni offerte da o ottenute tramite il Servizio, nonché ad assumersi il rischio di qualsivoglia affidamento o utilizzo di tutti i Contenuti (il che include qualsiasi suggestione di lavoro o consiglio relativo alla carriera o raccomandazione) fornito tramite il Servizio.
3.6 L’incapacità da parte di RiseSmart di esercitare o applicare qualsiasi diritto o erogazione dei presenti TOS non costituisce deroga a questo diritto. L’Utente prende conoscenza del fatto che i presenti TOS hanno valore di contratto tra esso e RiseSmart, quantunque questi siano stati firmati per via elettronica e non fisica da parte dell’Utente e di RiseSmart, e che questi disciplinano l’utilizzo del Servizio da parte dell’Utente, sostituendosi a qualsivoglia accordo simile finalizzato in precedenza tra l’Utente e RiseSmart.
3.7 L’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi e/o gli ex dipendentidel cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) qui di seguito collettivamente denominati “Impegni verso il Cliente dell’Impresa). Qualora l’Utente utilizzi il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata. Qualora l’Utente utilizzi il Servizio conformemente agli Impegni verso il Cliente dell’Impresa per Assistenza all’Evoluzione della Carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro o in evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in forma aggregata per ogni singolo caso. Invitiamo i gentili Utenti a consultare la Politica sulla privacy di RiseSmart per ulteriori informazioni in merito alla raccolta, all’utilizzo e alla condivisione delle informazioni fornite dagli Utenti stessi o dai clienti dell’impresa, da parte di RiseSmart, in relazione con gli Impegni verso il Cliente dell’Impresa.
3.8 Qualora l’Utente utilizzi il Servizio conformemente a uno degli Impegni verso il Cliente dell’Impresa, costui è tenuto ad accettare che il Servizio ad esso erogato non ecceda i limiti del campo di applicazione, della durata o di altre restrizioni dell’Impegno verso i Clienti dell’Impresa, il cui rispetto costituisce condizione sine qua non dell’accesso al Servizio.
3.9 L’Utente accetta che RiseSmart (a) stabilisca una serie di pratiche e di limiti attinenti all’utilizzo del Servizio, incluso senza limitazioni il lasso di tempo massimo durante il quale il Contenuto o qualsiasi contenuto dell’Utente verrà conservato dal Servizio e i limiti di spazio di conservazione che verranno concessi a suo nome, (b) RiseSmart non si assuma nessuna responsabilità o assoggettamento per la soppressione o l’impossibilità di conservare qualsiasi Contenuto o qualsiasi contenuto dell’Utente conservato o caricato nel Servizio, e (c) abbia il diritto di conservare del Contenuto o qualsiasi Contenuto dell’Utente nonché di divulgare del Contenuto o il Contenuto dell’Utente qualora questo dovesse esser prescritto per legge o qualora lo ritenga in buona fede necessario al fine di: (i) conformarsi con qualsiasi processo di natura legale, o con le leggi o le normative applicabili che lo impongono; (ii) applicare le presenti TOS; (iii) rispondere ad eventuali reclami relativi alla presunta violazione dei diritti di terzi da parte di un Contenuto o di qualsiasi Contenuto dell’Utente; o (iv) proteggere i diritti, la proprietà o l’incolumità personale di RiseSmart, dei suoi Utenti e del pubblico. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto o di qualsiasi Contenuto imputabile all’Utente, in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto o del Contenuto dell’Utente), o per ragioni non precisate.
4. Pagamento.
Nella misura in cui il Servizio o qualsiasi parte dello stesso è disponibile a pagamento (e qualora non sia pagato da un’impresa cliente di RiseSmart), l’Utente è tenuto a selezionare un piano di pagamento e a fornire a RiseSmart le informazioni relative alla sua carta di credito o di un’altra modalità di pagamento. L’Utente garantisce a RiseSmart che le informazioni fornite sono veritiere che si è autorizzati ad utilizzare lo strumento di pagamento indicato. L’Utente procederà quanto prima all’inserimento delle proprie informazioni bancarie includendo le eventuali modifiche (ad esempio, una modifica dell’indirizzo di fatturazione o della data di scadenza della propria carta di credito). L’Utente accetta di pagare a RiseSmart l’importo specificato nel piano di pagamento in conformità con i termini di tale piano e dei presenti TOS. Con la Presente l’Utente autorizza RiseSmart a procedere all’addebito sul metodo di pagamento indicato in anticipo a scadenza regolare, conformemente ai termini del piano di pagamento applicabile, fino alla chiusura dell’account dell’Utente in questione, il quale accetta inoltre di pagare eventuali costi aggiuntivi se necessario. Qualora l’Utente desideri fare opposizione ad eventuali costi aggiuntivi, egli è tenuto ad avvisare RiseSmart entro sessanta (60) giorni a decorrere dalla data della fattura emessa da RiseSmart. RiseSmart si riserva il diritto di modificare i prezzi dei servizi erogati in qualsiasi momento. Qualora RiseSmart dovesse procedere a modifica delle tariffe relative ai servizi erogati, RiseSmart ne avvertirà gli Utenti tramite notifica sul Sito o via e-mail individuale, nelle opzioni di RiseSmart, con minimo 30 giorni di anticipo rispetto alla data di entrata in vigore della modifica. Il proseguimento dell’utilizzo del Servizio dopo l’entrata in vigore della modifica del prezzo è considerato come tacita accettazione del pagamento dell’importo modificato. Qualora l’Utente utilizzi il Servizio conformemente a un Impegno verso il Cliente dell’Impresa, tale cliente dell’impresa verrà addebitato per il package del Servizio specifico che ha autorizzato RiseSmart ad erogare all’Utente in questione.
5. Dichiarazioni e garanzie.
Nell’ambito dell’utilizzo dell’Utente, questi accetta di NON: violare qualsivoglia regolamento locale, statale e federale, regolamento e statuto di qualsivoglia giurisdizione, tra cui, a titolo non esaustivo, leggi e regolamenti americani relativi alle esportazioni e alle leggi relative alle pari opportunità in materia di lavoro; violare qualsivoglia diritto relativo alla proprietà individuale e alla privacy, incluso, ma non limitato a brevetti, copyright, marchio di fabbrica o segreti industriali, di terze parti; caricare, pubblicare, trasmettere o conservare qualsivoglia materiale contrario alla legge, di natura offensiva, diffamatoria, fraudolenta, ingannevole, fallace, dannosa, minacciosa, molesta, oscena o riprovevole; che costituisca violazione di qualsivoglia obbligo contrattuale o di natura confidenziale; che pregiudichi o interferisca con le operazioni normali del Servizio, come la pubblicazione o la trasmissione di virus, worm, script, macro o codici di natura dannosa di qualsiasi tipo, la pubblicazione continua di contenuti ripetitivi o la pubblicazione di quantità anormali di dati; o che non siano consentiti da RiseSmart, tra cui, a titolo non esaustivo, qualsiasi materiale di natura pubblicitaria, materiale promozionale indesiderato, “junk mail”, “spam mail”, “chain letter”, schemi piramidali, franchise, distributori, affiliazioni a club, accordi commerciali, o qualsivoglia materiale non accettabile; violare altri diritti relativi alla privacy o alla persona, mandando e-mail indesiderate e raccogliendo informazioni personali di terzi; infrangere o tentare di infrangere qualsiasi misura di sicurezza relativa al Servizio; utilizzare qualsiasi dispositivo, processo o meccanismo al fine di monitorare, recuperare, cercare o accedere al Servizio, e.g. spider o robot, senza previo consenso; accedere o tentare di accedere a qualsiasi account o login di terzi registrati al Servizio; o pubblicare o inoltrare qualsiasi informazione falsa, inattendibile o incompleta, come il proprio curriculum, le proprie informazioni anagrafiche o occupazionali; usurpare l’identità di un’altra persona o di un’altra entità; falsificare qualsiasi intestazione di posta elettronica o mail; o falsificare la propria identità, la propria affiliazione con qualsiasi terza parte, o la propria entità.
6. Cessazione.
L’Utente ha il diritto di chiudere il proprio account in qualsiasi momento in conformità con le procedure stabilite sul Sito o fornite separatamente, ove applicabile. Qualora l’Utente utilizzi il Servizio in conformità con un Impegno verso il Cliente dell’Impresa, costui è tenuto ad accettare che l’accesso a tale Servizio arrivi a scadenza al momento della cessazione di tale Impegno verso un Cliente dell’Impresa. RiseSmart si riserva il diritto di (i) modificare o interrompere, in via temporaria o definitiva, il Servizio (o parte dello stesso) e di (ii) rifiutare l’utilizzo corrente o futuro, parziale o completo, del Servizio, di sospendere o chiudere l’account (o parte dello stesso) di un Utente e rimuovere e eliminare qualsiasi Contenuto dell’Utente in questione all’interno del Servizio, per qualsivoglia ragione, incluso qualora RiseSmart ritenga che tale Utente abbia violato i presenti TOS. RiseSmart non potrà essere considerata in alcun modo responsabile nei confronti dei suoi Utenti per qualsiasi modifica, sospensione o interruzione del Servizio. RiseSmart si impegna a sforzarsi in buona fede a contattare ogni Utente per avvisarlo prima di procedere a sospensione o chiusura del suo account da parte di RiseSmart. Tutti i Contenuti del Servizio (se del caso) potranno essere cancellati definitivamente da parte di RiseSmart al momento della chiusura dell’account di un Utente, a sua esclusiva discrezione. Qualora RiseSmart dovesse procedere a chiusura di un account senza precisarne le ragioni, e qualora l’Utente abbia sottoscritto a un servizio a pagamento, se applicabile (esclusivamente in caso di Impegno verso il Cliente dell’Impresa) RiseSmart provvederà al rimborso proporzionale della quota non acquisita di qualsiasi importo prepagato a RiseSmart per tale servizio. Ciononostante, tutti i diritti di pagamento maturati e i termini della Sezione 4-12 vanno applicati indipendentemente dalla cessazione dei presenti TOS.
7. ESONERI.
IL SERVIZIO, INCLUSI IL SITO, IL CONTENUTO (INCLUSO, SENZA LIMITAZIONI, PROPOSTE DI LAVORO E DI EVOLUZIONE DELLA CARRIERA, LE RACCOMANDAZIONI E LE STATISTICHE) E TUTTI I COMPONENTI DEI SERVER E DELLA RETE SONO FORNITI SULLA BASE DELLE DISPONIBILITÀ E DELLE POSSIBILITÀ, SENZA GARANZIE DI NESSUN TIPO, E RISESMART SI DICHIARA ESENTE DALLA RESPONSABILITÀ DI FORNIRE GARANZIE IN MERITO, SIANO ESSE ESPLICITE O IMPLICITE, TRA CUI, A TITOLO NON ESCLUSIVO, LE GARANZIE IMPLICITE DI COMMERCIABILITÀ, TITOLI O IDONEITÀ PER FINALITÀ SPECIFICHE, E LA NON-VIOLAZIONE. L’UTENTE ACCETTA LA DECISIONE DI RISESMART DI NON GARANTIRE CHE IL SERVIZIO NON SIA SOGGETTO A INTERRUZIONI, O CHE NON SIA SUFFICIENTEMENTE RAPIDO, SICURO, INDENNE DA ERRORI O VIRUS E CHE NESSUNA INFORMAZIONE, NOTIFICA O SERVIZIO OTTENUTI DALL’UTENTE DA PARTE DI RISESMART O TRAMITE IL SERVIZIO SIA ALL’ORIGINE DI GARANZIE NON ESPRESSAMENTE ENUNCIATE NEI PRESENTI TOS. SENZA PERTANTO LIMITARE IL CARATTERE GENERALE DI QUANTO PRECEDE, QUALORA L’UTENTE SIA UN RICHIEDENTE DI LAVORO O DI UN’EVOLUZIONE DELLA CARRIERA, (A) L’UTENTE IN QUESTIONE PRENDE ATTO E ACCETTA CHE EVENTUALI PROPOSTE DI LAVORO PUBBLICATE DA RISESMART SUL SUO ACCOUNT POSSANO ESSERE RICEVUTE ANCHE DA ALTRE PARTI, SENZA ALCUN TIPO DI ESAME SPECIFICO E CHE (B) RISESMART NON AUTORIZZA O GARANTISCE LA LEGITTIMITÀ O LA CORRETTEZZA DELLE OFFERTE DI LAVORO O DELLE INFORMAZIONI, NÉ GARANTISCE L’OTTENIMENTO REALE DI UN POSTO DI LAVORO, DI UN’EVOLUZIONE DELLA CARRIERA GRAZIE AL SERVIZIO O CHE I POSTI DI LAVORO O EVOLUZIONI DELLA CARRIERA OTTENUTI TRAMITE IL SERVIZIO SIANO ADATTI ALLE NECESSITA DELL’UTENTE O CORRISPONDANO ALLE SUE ASPETTATIVE. RiseSmart non può essere ritenuta responsabile in nessun caso e in qualsivoglia maniera per qualsiasi contenuto o materiale di terzi (inclusi gli utenti), tra cui, a titolo non esclusivo, per qualsiasi errore o omissione presenti nei contenuti, né per perdite o danneggiamenti di qualsiasi natura relativi all’utilizzo di tali contenuti. L’Utente riconosce che RiseSmart non preseleziona i contenuti. Nondimeno, RiseSmart e relativi designati hanno il diritto (ma non l’obbligo), a loro esclusiva discrezione, di rifiutare o rimuovere qualsiasi contenuto disponibile via il Servizio. L’Utente accetta di valutare e assumersi tutti i rischi associati all’uso di qualsiasi contenuto, incluso quelli relativi all’affidabilità relativa all’esattezza, all’esaustività o all’utilità di tale contenuto.
8. LIMITAZIONI DI RESPONSABILITÀ.
8.1. IN NESSUN CASO E SECONDO NESSUNA TEORIA LEGALE (IN CASO DI CONTRATTO, DI TORTO O ALTRO) RISESMART POTRÀ ESSERE TENUTA RESPONSABILE NEI CONFRONTI DEI PROPRI UTENTI PER (A) EVENTUALI DANNI INDIRETTI, ACCIDENTALI, SPECIALI, ESEMPLARI, CONSEQUENZIALI O PUNITIVI, INCLUSI GUADAGNI PERSI, VENDITE O AFFARI MANCATI, PERDITA DI DATI O INTERRUZIONE DI AFFARI, O (B) PER EVENTUALI DANNI, COSTI, PERDITE O PASSIVITÀ IN ECCESSO RISPETTO ALLE TARIFFE PAGATE DALL’UTENTE DURANTE I SEI (6) MESI CHE PRECEDONO GLI EVENTI CHE HANNO DATO LUOGO AL RECLAMO EFFETTUATO DA UN UTENTE, O, IN CASO DI MANCATO PAGAMENTO DELL’IMPORTO DOVUTO, AL PAGAMENTO DI CENTO ($100) DOLLARI AMERICANI. LE DISPOSIZIONI DI CUI ALLA PRESENTE SEZIONE DEFINISCONO I RISCHI STABILITI DAI PRESENTI TOS TRA LE PARTI, E LE PARTI IN QUESTIONE HANNO ACCETTATO DI SOTTOMETTERSI A TALI LIMITAZIONI NELL’ACCETTARE DI SOTTOSCRIVERE AI PRESENTI TOS.
8.2 Alcuni Stati non consentono l’applicazione degli esoneri, l’esenzione dalle garanzie implicite o la limitazione delle responsabilità in caso di danni consequenziali o accidentali, il che implica la possibilità che alcune delle limitazioni enumerate nella Sezione 7 (Esoneri) e 8 (Limitazione delle responsabilità) risultino non applicabili o vincolanti per l’Utente. IN QUESTI STATI, LA RESPONSABILITÀ DI RISESMART SARÀ LIMITATA NELLA MASSIMA MISURA PERMESSA DALLA LEGGE IN VIGORE. SE L’UTENTE È UN RESIDENTE DEL NEW JERSEY, LE DISPOSIZIONI ENUMERATE NELLE SEZIONI 7 (ESONERI) E 8 (LIMITAZIONI DELLE RESPONSABILITÀ) SONO APPLICABILI NEI LIMITI DELLE LEGGI DEL NEW JERSEY. SE UNA QUALSIASI DELLE PARTI CHE COMPONGONO TALI SEZIONI NON RISULTA VALIDA SECONDO LA LEGGE DEL NEW JERSEY, IL CARATTERE NON VALIDO DI TALI PARTI NON PREGIUDICA LA VALIDITÀ DELLE PARTI RIMANENTI DELLA SEZIONE APPLICABILE.
9. Indennizzo.
L’Utente è tenuto a difendere, rimborsare e indennizzare RiseSmart da e contro eventuali rivendicazioni, azioni o richieste, incluso, e senza limitazioni, spese contabili e legali, causate o risultanti da qualunque violazione da parte sua dei presenti TOS, qualsiasi Contenuto di cui è responsabile o qualsiasi altro accesso, contribuzione all’uso e l’uso improprio del Servizio per un ammontare non eccedente, in ogni caso, il valore delle fee pagate a Risesmart in base al contratto. RiseSmart provvederà a notificare ogni Utente di tali reclami, cause o richieste. RiseSmart si riserva il diritto di assumersi la difesa e il controllo esclusivi di qualsiasi problema soggetto a indennizzo relativo alla presente sezione. Qualora si dovesse verificare tale situazione, l’Utente accetta di cooperare rispondendo a qualsiasi ragionevole richiesta, e di portare il proprio sostegno alla difesa di RiseSmart in merito a tale problema. A prescindere da quanto detto, l’Utente non è nell’obbligo di indennizzare, difendere o manlevare RiseSmart da o contro eventuali reclami, azioni o richieste nella misura risultante da tutte le azioni o inazioni di RiseSmart.
10. Attribuzione.
L’Utente non è autorizzato ad attribuire i presenti TOS senza previo consenso di RiseSmart. Cionondimeno, RiseSmart può attribuire o trasferire i presenti TOS, interamente o parzialmente, senza restrizione alcuna.
11. Diritto applicabile.
I presenti TOS sono regolati dalla legge italiana, a prescindere dai conflitti di legge. Salvo disposizioni contrarie impartite da RiseSmart per casi particolari, l’Utente acconsente espressamente a sottomettersi alla giurisdizione del Tribunale di Milano per la risoluzione di qualsiasi controversia relativa all’accesso o all’utilizzo del Servizio.
12. DMCA.
Il Digital Millennium Copyright Act del 1998 (il “DMCA”, legge americana sulla proprietà intellettuale) prevede la possibilità di fare ricorso per chiunque consideri che del materiale presente su internet infranga i propri diritti, protetti dalla legge americana sul copyright (proprietà intellettuale). RiseSmart si impegna a prendere in considerazione e a indagare su eventuali notifiche di presunta violazione della legge in questione e ad intraprendere le azioni necessarie, conformemente alla legge DMCA e a tutte le leggi applicabili in merito alla proprietà intellettuale nei confronti di qualsiasi presunta o effettiva violazione di queste. Le notifiche di pretesa violazione della proprietà intellettuale vanno inviate all’operatore addetto alle questioni di copyright di RiseSmart, all’indirizzo user.support@risesmart.com(con oggetto: “DMCA Takedown Request”, ovvero “Denuncia per violazione della legge DMCA”). L’Utente può inoltre contattare RiseSmart via e-mail all’indirizzo:
Attenzione: Operatore addetto alle questioni di copyright
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notifica: Al fine di garantire l’efficacia della notifica, questa va stilata per iscritto e deve contenere le seguenti informazioni:
una firma a mano o elettronica della persona autorizzata ad agire per conto del detentore del copyright o di altri interessi di proprietà intellettuale;
una descrizione del materiale soggetto a copyright o ad altre clausole di proprietà intellettuale che l’Utente ritiene siano stati violati;
una descrizione dell’ubicazione nel sito del materiale che l’Utente considera imputabile di violazione, contenente tutti i dettagli necessari per permettere a RiseSmart di individuarlo nel Sito;
l’indirizzo, il numero di telefono e l’e-mail dell’Utente che inoltra la richiesta;
una dichiarazione scritta dall’Utente, il quale deve esplicitare, in buona fede, che l’azione in causa non è autorizzata dal proprietario del copyright o della proprietà intellettuale, dal suo agente o dalla legge;
una dichiarazione sull’onore effettuata dall’Utente, pena l’accusa di falsa testimonianza, in cui deve confermare che le informazioni precedentemente trasmesse nella notifica sono esatte, e che è il detentore della proprietà intellettuale, o la persona autorizzata ad agire per conto del detentore della proprietà intellettuale o del copyright di cui è questione.
13. 1. Applicazioni del software compatibili con Apple.
RiseSmart offre una serie di applicazioni volte a operare in connessione con prodotti commercializzati da Apple Inc. (“Apple”), oltre ad altre piattaforme. Per quanto concerne il Software commercializzato per l’utilizzo in connessione con prodotti del marchio Apple (come i Software “Software compatibili Apple”), oltre agli altri termini e condizioni stabiliti per i presenti TOS, si applicano anche i seguenti termini e condizioni:
RiseSmart e i suoi Utenti riconoscono che le presenti TOS sono oggetto di contratto unicamente tra RiseSmart e ogni Utente, e non con Apple, e che tra RiseSmart e Apple, RiseSmart, e non Apple, è l’unica responsabile per il Software compatibile con Apple, e per il contenuto dello stesso.
È vietato utilizzare il Software compatibile con Apple in qualsivoglia maniera che costituisca violazione delle disposizioni di utilizzo per il Software compatibile con Apple enunciate nei Termini di Servizio dell’App Store, o che sia non conforme o in conflitto con queste.
L’autorizzazione di utilizzare il Software compatibile con Apple è limitata a una licenza non trasferibile di utilizzo del Software compatibile con Apple per un dispositivo iOS di proprietà o di controllo dell’Utente, come stabilito dai Termini di Servizio dell’App Store.
Apple non ha in alcun caso l’obbligo di fornire servizi di assistenza o manutenzione per quanto concerne il Software compatibile con Apple.
Apple non è responsabile per le garanzie prodotto, esplicite o implicite che siano. Qualora il Software compatibile con Apple dovesse riscontrare problemi di conformità con la garanzia applicabile, l’Utente è invitato a notificare Apple, e Apple provvederà a rimborsare il prezzo di acquisto, se del caso, del Software compatibile con Apple all’Utente interessato; inoltre, nella massima misura di quanto previsto dalla legge applicabile, Apple non ha obblighi di garanzia di nessun tipo nei confronti del Software compatibile con Apple, o in caso di reclami, perdite, responsabilità, danni, costi o spese imputabili all’impossibilità di conformarsi a qualsiasi garanzia, la cui responsabilità sarà attribuibile unicamente a RiseSmart, salvo esoneri previsti dalla legge applicabile.
RiseSmart e l’Utente riconoscono che RiseSmart, e non Apple, è l’unica responsabile per eventuali reclami effettuati dall’Utente o da terzi, concernenti un Software compatibile con Apple di proprietà di un Utente e/o dell’utilizzo di tale Software compatibile con Apple, tra cui, a titolo non esaustivo: (i) reclami relativi alla responsabilità per il prodotto; (ii) qualsiasi reclamo relativo all’impossibilità del Software compatibile con Apple di conformarsi a prescrizioni legali o regolamentari ; e (iii) reclami in rapporto con la protezione del consumatore o con simili normative.
Qualora una terza parte venga a rivendicare una violazione dei propri diritti di proprietà intellettuale imputabili al Software compatibile con Apple o al possesso e all’utilizzo dei questo da parte dell’utilizzatore finale, nel contenzioso che implica RiseSmart e Apple, RiseSmart, e non Apple sarà da considerarsi come responsabile per l’indagine, la difesa, la risoluzione e l’appuramento di tale rivendicazione di violazione della proprietà intellettuale.
L’utente dichiara e garantisce che non si risiede in Paesi soggetti a embargo da parte del Governo degli Stati Uniti, o designati dal Governo degli Stati Uniti come un Paese che “sostiene il terrorismo”; e (iii) che non fa parte di nessuna lista dei soggetti sottomessi a restrizioni o divieti del Governo statunitense.
Per qualsiasi domanda, lamentela o reclamo in merito al Software compatibile con Apple, invitiamo i nostri Utenti a rivolgersi a RiseSmart al seguente indirizzo:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart e l’Utente riconoscono e accettano che Apple e delle società affiliate di Apple sono terze parti beneficiarie di questi TOS per quanto concerne il Software compatibile con Apple, e che, in virtù dell’accettazione dei termini e condizioni contenuti nel presente TOS, Apple è in diritto (e verrà considerato che ha accettato tale diritto) di sottomettere l’Utente all’applicazione dei seguenti TOS per quanto concerne il Software compatibile con Apple in quanto terza parte beneficiaria degli stessi.
- Per maggiori informazioni, consultare: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Link verso altri siti.
Il Servizio potrebbe contenere link verso siti internet di proprietà di terze parti. Tali link sono forniti all’Utente esclusivamente per motivi di praticità, e non costituiscono adesione di RiseSmart ai contenuti di tali siti internet appartenenti a terze parti. RiseSmart non è responsabile per i contenuti dei siti correlati appartenenti a terze parti e non prende posizione in merito ai contenuti o all’esattezza dei materiali contenuti in tali siti appartenenti a terze parti. Qualora l’Utente desideri accedere ai siti correlati appartenenti a terze parti, lo fa a suo rischio e pericolo.
15. Dispositivi mobili.
Se l’Utente utilizza il Servizio a partire da dispositivi mobili, egli è tenuto ad accettare che le informazioni riguardanti l’utilizzo che fa del Servizio tramite dispositivo e supporto mobile vengano comunicate a RiseSmart, tra cui e a titolo non esaustivo il supporto mobile, il dispositivo mobile o la posizione fisica dell’Utente. Inoltre, l’utilizzo del Servizio via dispositivo mobile potrebbe comportare la visualizzazione dei dati nel o tramite il dispositivo mobile dell’Utente. Accendendo al Servizio tramite dispositivo mobile, l’Utente è cosciente che, nella misura in cui importa informazioni di RiseSmart che lo concernono sul proprio dispositivo mobile, è libero di condividere tali informazioni con il proprio supporto mobile e con altri fornitori di accesso. Qualora l’Utente sostituisca o disattivi il proprio dispositivo o account mobile, egli è tenuto ad accertarsi che il proprio account (e tutti i messaggi ad esso correlati (ove applicabile)), non siano accessibili per altre parti (o trasmessi ad altre parti) e il mancato rispetto di questa raccomandazione è sua esclusiva responsabilità. L’Utente riconosce di essere responsabile per eventuali spese e permessi necessari relativi all’accesso al Servizio tramite il proprio dispositivo mobile e fornitore di accesso. Pertanto, invitiamo i gentili Utenti a contattare il proprio fornitore per venire a conoscenza dei termini specifici relativi a questi servizi per i loro dispositivi mobili. Utilizzando qualsiasi applicazione disponibile per il download utile ad abilitare l’utilizzo del Servizio, l’Utente conferma implicitamente l’accettazione dei termini dell’End User Agreement (Accordo relativo alla licenza con l’utente finale) associato all’applicazione ottenuta al momento del download o dell’installazione, o di qualsiasi eventuale aggiornamento puntuale.
Entrata in vigore in data 18 gennaio 2019
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Effective July 15th 2019 to January 17th 2020
DownloadTable of Contents
TERMINI e CONDIZIONI
1. Accettazione dei Termini.
1.1 RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (come denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai presenti Termini di servizio (qui di seguito denominati “TOS”, Terms Of Service in inglese). Accettando i presenti TOS, o accedendo o utilizzando il Servizio o il Sito, l’Utente accetta di aver letto e compreso i presenti TOS, e di approvare di esserne vincolato. Qualora l’Utente non sia d’accordo con i presenti TOS, lo invitiamo a non accettarli e pertanto non potrà utilizzare il Servizio.
1.2 RiseSmart è autorizzata a modificare tali TOS quando necessario, senza alcun preavviso. I termini e condizioni modificati entrano in vigore a decorrere dal momento della loro pubblicazione e se l’Utente utilizza il Servizio dopo tale data, tale utilizzo verrà considerato come un’accettazione tacita dei termini e delle condizioni modificati. Se l’Utente non considera accettabili alcune modifiche dei TOS, l’unica soluzione è la cessazione dell’accesso e dell’utilizzo del Servizio.
2. Descrizione del servizio.
Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (inclusa la gestione dei file e i servizi analitici), le tecnologie connesse e le applicazioni (tra cui, senza limitazioni, le applicazioni e i servizi a cui è possibile accedere tramite tutte le interfacce mobili o meno, che permettono l’accesso a tali servizi e applicazioni), e (c) tutti i software (incluso il Software, come denominato di seguito) i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (collettivamente denominati “Contenuti”). Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai presenti TOS.
3. Condizioni generali/Accesso e utilizzo del Servizio.
3.1 In conformità con i termini e condizioni dei presenti TOS, l’accesso dei nostri Utenti al Servizio e il suo utilizzo sono ammessi unicamente per scopi leciti. Tutti i diritti, i titoli e gli interessi all’interno e per il Servizio e le sue componenti verranno conservati e rimarranno proprietà esclusiva di RiseSmart. Non sono autorizzati (e questo vale per l’Utente e per le terze parti) (a) la copia, la riproduzione, la modifica, la cancellazione, la distribuzione, il download, la conservazione, la trasmissione, la pubblicazione, la creazione di opere derivate, la decompilazione e l’assemblaggio inverso o qualunque tentativo, diretto o indiretto, di scoprire qualsiasi codice sorgente, la vendita, la sublicenza, la rivendita, l’affitto, la concessione, il trasferimento, l’assegnazione o la condivisione di proprietà del Servizio, nonché lo sfruttamento a scopo commerciale di questo e la messa a disposizione del Servizio a terzi; (b) l’utilizzo del Servizio per scopi non conformi con la legge (incluso, senza limitazioni, il suo utilizzo in violazione di qualsiasi legge sui dati, sulla privacy o sul controllo dell’esportazione) in qualsivoglia maniera che interferisca con o che sia in opposizione con l’integrità o con le prestazioni del servizio o dei suoi componenti, (c) la modifica, l’adattamento o il pirataggio del Servizio avente come obiettivo l’ottenimento di un accesso non autorizzato al Servizio o ai sistemi e alle reti ad esso connesse; o (d) l’utilizzo di qualsiasi Contenuto in altri siti o media (e.g., ambienti di networking). I nostri Utenti sono tenuti a confermarsi a tutti i codici di condotta e a tutte le politiche o notifiche fornite da RiseSmart in rapporto con il Servizio. Sono tenuti inoltre a notificare immediatamente a RiseSmart qualsiasi breccia relativa alla scurezza in relazione con il Servizio. Inoltre, utilizzando alcuni servizi, i nostri Utenti saranno soggetti a ulteriori termini, applicabili ai servizi che potrebbero essere pubblicati puntualmente nel Servizio, tra i quali è inclusa, senza limitazioni, la Politica sulla privacy di RiseSmart.
3.2 Qualsiasi software reso disponibile da RiseSmart in rapporto con il Servizio (“Software”) contiene informazioni di proprietà riservata e confidenziali, protette dalle leggi applicabili sulla proprietà intellettuale e da altre leggi. Nel rispetto dei termini de condizioni di questi TOS, RiseSmart garantisce con la Presente diritto e licenza personali, non trasferibili, non concedibili in sublicenza e non esclusivi, di utilizzare il codice oggetto di qualsiasi Software in un singolo dispositivo, unicamente se in rapporto con il Servizio. I nostri Utenti accettano di non accedere al Servizio con qualsivoglia mezzo che non sia l’interfaccia fornita da RiseSmart per un utilizzo finalizzato all’accesso al Servizio. Tutti i diritti non espressamente garantiti nel presente documento sono riservati e non sono garantiti ai nostri Utenti nessun diritto e nessuna licenza di utilizzare marchi di proprietà di RiseSmart o qualsiasi terza parte in relazione con il Servizio.
3.3 Ogni Utente è l’unico responsabile di tutti i dati, le informazioni, i riscontri, le suggestioni, i testi, i contenuti e altri materiali da esso scaricati, pubblicati, forniti, consegnati o trasmessi in qualsivoglia maniera o conservati (qui di seguito “trasmessi” /“trasmissione”) in relazione o in rapporto con il Servizio (“Il Contenuto Utente”). Ogni Utente si porta con la Presente rappresentante e garante del fatto che il proprio Contenuto da esso trasmesso nel rispetto del Servizio (a) sia attendibile, corretto, legale, decente, onesto e completo (incluso, senza limitazioni, per quanto riguarda il suo curriculum, i suoi dati anagrafici e le sue informazioni occupazionali, se l’Utente utilizza il Servizio come cercatore di lavoro o cercatore di un’evoluzione della carriera), e (b) sia esente da errori, worm o virus. L’Utente approva che RiseSmart possa procedere a rimozione del suo Contenuto dal Servizio qualora ritenga che l’Utente agisce in violazione di quanto detto in precedenza o di altri termini dei presenti TOS. L’Utente ha la responsabilità di mantenere la confidenzialità dei propri login, password e account, nonché di tutte le attività effettuate all’interno del suo login o account. RiseSmart si riserva il diritto di accedere all’account dell’Utente al fine di rispondere alle sue richieste di assistenza tecnica. Trasmettendo il proprio Contenuto nel o tramite il Servizio, l’Utente è tenuto a garantire e garantisce di fatto con la Presente a RiseSmart la licenza non esclusiva, perenne, irrevocabile, senza royalty, interamente pagata, concedibile in sublicenza e trasferibile, di utilizzare, modificare, riprodurre, distribuire, visualizzare, pubblicare ed eseguire il suo Contenuto in relazione con il Servizio. RiseSmart ha il diritto, ma non l’obbligo, di vagliare o monitorare il Servizio, il Contenuto o il Contenuto Utente. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto), o per ragioni non precisate.
3.4 L’Utente prende conoscenza del fatto che la gestione del Servizio, incluso del suo Contenuto, potrebbe essere non cifrato e che comprende (a) la trasmissione attraverso diverse reti, (b) cambiamenti volti a conformare o adattare le prescrizioni tecniche di connessione di reti o dispositivi, (c) la trasmissione a venditori esterni di RiseSmart e l’hosting di partner per fornire gli hardware, i software, il networking, la conservazione e le relative tecnologie necessarie per l’esecuzione e il mantenimento del Servizio, e (d) la trasmissione ad altri terzi in relazione con l’erogazione del Servizio all’Utente. Analogamente, l’Utente riconosce di avere la responsabilità esclusiva delle misure di sicurezza, di protezione e di backup del suo Contenuto. RiseSmart non sarà ritenuto in alcun caso responsabile per qualsiasi accesso o utilizzo non autorizzato di Contenuti di sua proprietà, o per qualsiasi danneggiamento, cancellazione, distruzione o perdita di Contenuti di sua proprietà.
3.5 Qualora l’Utente sia un richiedente di lavoro o di evoluzione della carriera, egli è tenuto ad accettare di agire in coscienza, facendo prova di prudenza e buon senso nel gestire le opportunità di lavoro e altre informazioni offerte da o ottenute tramite il Servizio, nonché ad assumersi il rischio di qualsivoglia affidamento o utilizzo di tutti i Contenuti (il che include qualsiasi suggestione di lavoro o consiglio relativo alla carriera o raccomandazione) fornito tramite il Servizio.
3.6 L’incapacità da parte di RiseSmart di esercitare o applicare qualsiasi diritto o erogazione dei presenti TOS non costituisce deroga a questo diritto. L’Utente prende conoscenza del fatto che i presenti TOS hanno valore di contratto tra esso e RiseSmart, quantunque questi siano stati firmati per via elettronica e non fisica da parte dell’Utente e di RiseSmart, e che questi disciplinano l’utilizzo del Servizio da parte dell’Utente, sostituendosi a qualsivoglia accordo simile finalizzato in precedenza tra l’Utente e RiseSmart.
3.7 L’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi e/o gli ex dipendentidel cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) qui di seguito collettivamente denominati “Impegni verso il Cliente dell’Impresa). Qualora l’Utente utilizzi il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata. Qualora l’Utente utilizzi il Servizio conformemente agli Impegni verso il Cliente dell’Impresa per Assistenza all’Evoluzione della Carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro o in evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in forma aggregata per ogni singolo caso. Invitiamo i gentili Utenti a consultare la Politica sulla privacy di RiseSmart per ulteriori informazioni in merito alla raccolta, all’utilizzo e alla condivisione delle informazioni fornite dagli Utenti stessi o dai clienti dell’impresa, da parte di RiseSmart, in relazione con gli Impegni verso il Cliente dell’Impresa.
3.8 Qualora l’Utente utilizzi il Servizio conformemente a uno degli Impegni verso il Cliente dell’Impresa, costui è tenuto ad accettare che il Servizio ad esso erogato non ecceda i limiti del campo di applicazione, della durata o di altre restrizioni dell’Impegno verso i Clienti dell’Impresa, il cui rispetto costituisce condizione sine qua non dell’accesso al Servizio.
3.9 L’Utente accetta che RiseSmart (a) stabilisca una serie di pratiche e di limiti attinenti all’utilizzo del Servizio, incluso senza limitazioni il lasso di tempo massimo durante il quale il Contenuto o qualsiasi contenuto dell’Utente verrà conservato dal Servizio e i limiti di spazio di conservazione che verranno concessi a suo nome, (b) RiseSmart non si assuma nessuna responsabilità o assoggettamento per la soppressione o l’impossibilità di conservare qualsiasi Contenuto o qualsiasi contenuto dell’Utente conservato o caricato nel Servizio, e (c) abbia il diritto di conservare del Contenuto o qualsiasi Contenuto dell’Utente nonché di divulgare del Contenuto o il Contenuto dell’Utente qualora questo dovesse esser prescritto per legge o qualora lo ritenga in buona fede necessario al fine di: (i) conformarsi con qualsiasi processo di natura legale, o con le leggi o le normative applicabili che lo impongono; (ii) applicare le presenti TOS; (iii) rispondere ad eventuali reclami relativi alla presunta violazione dei diritti di terzi da parte di un Contenuto o di qualsiasi Contenuto dell’Utente; o (iv) proteggere i diritti, la proprietà o l’incolumità personale di RiseSmart, dei suoi Utenti e del pubblico. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto o di qualsiasi Contenuto imputabile all’Utente, in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto o del Contenuto dell’Utente), o per ragioni non precisate.
4. Pagamento.
Nella misura in cui il Servizio o qualsiasi parte dello stesso è disponibile a pagamento (e qualora non sia pagato da un’impresa cliente di RiseSmart), l’Utente è tenuto a selezionare un piano di pagamento e a fornire a RiseSmart le informazioni relative alla sua carta di credito o di un’altra modalità di pagamento. L’Utente garantisce a RiseSmart che le informazioni fornite sono veritiere che si è autorizzati ad utilizzare lo strumento di pagamento indicato. L’Utente procederà quanto prima all’inserimento delle proprie informazioni bancarie includendo le eventuali modifiche (ad esempio, una modifica dell’indirizzo di fatturazione o della data di scadenza della propria carta di credito). L’Utente accetta di pagare a RiseSmart l’importo specificato nel piano di pagamento in conformità con i termini di tale piano e dei presenti TOS. Con la Presente l’Utente autorizza RiseSmart a procedere all’addebito sul metodo di pagamento indicato in anticipo a scadenza regolare, conformemente ai termini del piano di pagamento applicabile, fino alla chiusura dell’account dell’Utente in questione, il quale accetta inoltre di pagare eventuali costi aggiuntivi se necessario. Qualora l’Utente desideri fare opposizione ad eventuali costi aggiuntivi, egli è tenuto ad avvisare RiseSmart entro sessanta (60) giorni a decorrere dalla data della fattura emessa da RiseSmart. RiseSmart si riserva il diritto di modificare i prezzi dei servizi erogati in qualsiasi momento. Qualora RiseSmart dovesse procedere a modifica delle tariffe relative ai servizi erogati, RiseSmart ne avvertirà gli Utenti tramite notifica sul Sito o via e-mail individuale, nelle opzioni di RiseSmart, con minimo 30 giorni di anticipo rispetto alla data di entrata in vigore della modifica. Il proseguimento dell’utilizzo del Servizio dopo l’entrata in vigore della modifica del prezzo è considerato come tacita accettazione del pagamento dell’importo modificato. Qualora l’Utente utilizzi il Servizio conformemente a un Impegno verso il Cliente dell’Impresa, tale cliente dell’impresa verrà addebitato per il package del Servizio specifico che ha autorizzato RiseSmart ad erogare all’Utente in questione.
5. Dichiarazioni e garanzie.
Nell’ambito dell’utilizzo dell’Utente, questi accetta di NON: violare qualsivoglia regolamento locale, statale e federale, regolamento e statuto di qualsivoglia giurisdizione, tra cui, a titolo non esaustivo, leggi e regolamenti americani relativi alle esportazioni e alle leggi relative alle pari opportunità in materia di lavoro; violare qualsivoglia diritto relativo alla proprietà individuale e alla privacy, incluso, ma non limitato a brevetti, copyright, marchio di fabbrica o segreti industriali, di terze parti; caricare, pubblicare, trasmettere o conservare qualsivoglia materiale contrario alla legge, di natura offensiva, diffamatoria, fraudolenta, ingannevole, fallace, dannosa, minacciosa, molesta, oscena o riprovevole; che costituisca violazione di qualsivoglia obbligo contrattuale o di natura confidenziale; che pregiudichi o interferisca con le operazioni normali del Servizio, come la pubblicazione o la trasmissione di virus, worm, script, macro o codici di natura dannosa di qualsiasi tipo, la pubblicazione continua di contenuti ripetitivi o la pubblicazione di quantità anormali di dati; o che non siano consentiti da RiseSmart, tra cui, a titolo non esaustivo, qualsiasi materiale di natura pubblicitaria, materiale promozionale indesiderato, “junk mail”, “spam mail”, “chain letter”, schemi piramidali, franchise, distributori, affiliazioni a club, accordi commerciali, o qualsivoglia materiale non accettabile; violare altri diritti relativi alla privacy o alla persona, mandando e-mail indesiderate e raccogliendo informazioni personali di terzi; infrangere o tentare di infrangere qualsiasi misura di sicurezza relativa al Servizio; utilizzare qualsiasi dispositivo, processo o meccanismo al fine di monitorare, recuperare, cercare o accedere al Servizio, e.g. spider o robot, senza previo consenso; accedere o tentare di accedere a qualsiasi account o login di terzi registrati al Servizio; o pubblicare o inoltrare qualsiasi informazione falsa, inattendibile o incompleta, come il proprio curriculum, le proprie informazioni anagrafiche o occupazionali; usurpare l’identità di un’altra persona o di un’altra entità; falsificare qualsiasi intestazione di posta elettronica o mail; o falsificare la propria identità, la propria affiliazione con qualsiasi terza parte, o la propria entità.
6. Cessazione.
L’Utente ha il diritto di chiudere il proprio account in qualsiasi momento in conformità con le procedure stabilite sul Sito o fornite separatamente, ove applicabile. Qualora l’Utente utilizzi il Servizio in conformità con un Impegno verso il Cliente dell’Impresa, costui è tenuto ad accettare che l’accesso a tale Servizio arrivi a scadenza al momento della cessazione di tale Impegno verso un Cliente dell’Impresa. RiseSmart si riserva il diritto di (i) modificare o interrompere, in via temporaria o definitiva, il Servizio (o parte dello stesso) e di (ii) rifiutare l’utilizzo corrente o futuro, parziale o completo, del Servizio, di sospendere o chiudere l’account (o parte dello stesso) di un Utente e rimuovere e eliminare qualsiasi Contenuto dell’Utente in questione all’interno del Servizio, per qualsivoglia ragione, incluso qualora RiseSmart ritenga che tale Utente abbia violato i presenti TOS. RiseSmart non potrà essere considerata in alcun modo responsabile nei confronti dei suoi Utenti per qualsiasi modifica, sospensione o interruzione del Servizio. RiseSmart si impegna a sforzarsi in buona fede a contattare ogni Utente per avvisarlo prima di procedere a sospensione o chiusura del suo account da parte di RiseSmart. Tutti i Contenuti del Servizio (se del caso) potranno essere cancellati definitivamente da parte di RiseSmart al momento della chiusura dell’account di un Utente, a sua esclusiva discrezione. Qualora RiseSmart dovesse procedere a chiusura di un account senza precisarne le ragioni, e qualora l’Utente abbia sottoscritto a un servizio a pagamento, se applicabile (esclusivamente in caso di Impegno verso il Cliente dell’Impresa) RiseSmart provvederà al rimborso proporzionale della quota non acquisita di qualsiasi importo prepagato a RiseSmart per tale servizio. Ciononostante, tutti i diritti di pagamento maturati e i termini della Sezione 4-12 vanno applicati indipendentemente dalla cessazione dei presenti TOS.
7. ESONERI.
IL SERVIZIO, INCLUSI IL SITO, IL CONTENUTO (INCLUSO, SENZA LIMITAZIONI, PROPOSTE DI LAVORO E DI EVOLUZIONE DELLA CARRIERA, LE RACCOMANDAZIONI E LE STATISTICHE) E TUTTI I COMPONENTI DEI SERVER E DELLA RETE SONO FORNITI SULLA BASE DELLE DISPONIBILITÀ E DELLE POSSIBILITÀ, SENZA GARANZIE DI NESSUN TIPO, E RISESMART SI DICHIARA ESENTE DALLA RESPONSABILITÀ DI FORNIRE GARANZIE IN MERITO, SIANO ESSE ESPLICITE O IMPLICITE, TRA CUI, A TITOLO NON ESCLUSIVO, LE GARANZIE IMPLICITE DI COMMERCIABILITÀ, TITOLI O IDONEITÀ PER FINALITÀ SPECIFICHE, E LA NON-VIOLAZIONE. L’UTENTE ACCETTA LA DECISIONE DI RISESMART DI NON GARANTIRE CHE IL SERVIZIO NON SIA SOGGETTO A INTERRUZIONI, O CHE NON SIA SUFFICIENTEMENTE RAPIDO, SICURO, INDENNE DA ERRORI O VIRUS E CHE NESSUNA INFORMAZIONE, NOTIFICA O SERVIZIO OTTENUTI DALL’UTENTE DA PARTE DI RISESMART O TRAMITE IL SERVIZIO SIA ALL’ORIGINE DI GARANZIE NON ESPRESSAMENTE ENUNCIATE NEI PRESENTI TOS. SENZA PERTANTO LIMITARE IL CARATTERE GENERALE DI QUANTO PRECEDE, QUALORA L’UTENTE SIA UN RICHIEDENTE DI LAVORO O DI UN’EVOLUZIONE DELLA CARRIERA, (A) L’UTENTE IN QUESTIONE PRENDE ATTO E ACCETTA CHE EVENTUALI PROPOSTE DI LAVORO PUBBLICATE DA RISESMART SUL SUO ACCOUNT POSSANO ESSERE RICEVUTE ANCHE DA ALTRE PARTI, SENZA ALCUN TIPO DI ESAME SPECIFICO E CHE (B) RISESMART NON AUTORIZZA O GARANTISCE LA LEGITTIMITÀ O LA CORRETTEZZA DELLE OFFERTE DI LAVORO O DELLE INFORMAZIONI, NÉ GARANTISCE L’OTTENIMENTO REALE DI UN POSTO DI LAVORO, DI UN’EVOLUZIONE DELLA CARRIERA GRAZIE AL SERVIZIO O CHE I POSTI DI LAVORO O EVOLUZIONI DELLA CARRIERA OTTENUTI TRAMITE IL SERVIZIO SIANO ADATTI ALLE NECESSITA DELL’UTENTE O CORRISPONDANO ALLE SUE ASPETTATIVE. RiseSmart non può essere ritenuta responsabile in nessun caso e in qualsivoglia maniera per qualsiasi contenuto o materiale di terzi (inclusi gli utenti), tra cui, a titolo non esclusivo, per qualsiasi errore o omissione presenti nei contenuti, né per perdite o danneggiamenti di qualsiasi natura relativi all’utilizzo di tali contenuti. L’Utente riconosce che RiseSmart non preseleziona i contenuti. Nondimeno, RiseSmart e relativi designati hanno il diritto (ma non l’obbligo), a loro esclusiva discrezione, di rifiutare o rimuovere qualsiasi contenuto disponibile via il Servizio. L’Utente accetta di valutare e assumersi tutti i rischi associati all’uso di qualsiasi contenuto, incluso quelli relativi all’affidabilità relativa all’esattezza, all’esaustività o all’utilità di tale contenuto.
8. LIMITAZIONI DI RESPONSABILITÀ.
8.1. IN NESSUN CASO E SECONDO NESSUNA TEORIA LEGALE (IN CASO DI CONTRATTO, DI TORTO O ALTRO) RISESMART POTRÀ ESSERE TENUTA RESPONSABILE NEI CONFRONTI DEI PROPRI UTENTI PER (A) EVENTUALI DANNI INDIRETTI, ACCIDENTALI, SPECIALI, ESEMPLARI, CONSEQUENZIALI O PUNITIVI, INCLUSI GUADAGNI PERSI, VENDITE O AFFARI MANCATI, PERDITA DI DATI O INTERRUZIONE DI AFFARI, O (B) PER EVENTUALI DANNI, COSTI, PERDITE O PASSIVITÀ IN ECCESSO RISPETTO ALLE TARIFFE PAGATE DALL’UTENTE DURANTE I SEI (6) MESI CHE PRECEDONO GLI EVENTI CHE HANNO DATO LUOGO AL RECLAMO EFFETTUATO DA UN UTENTE, O, IN CASO DI MANCATO PAGAMENTO DELL’IMPORTO DOVUTO, AL PAGAMENTO DI CENTO ($100) DOLLARI AMERICANI. LE DISPOSIZIONI DI CUI ALLA PRESENTE SEZIONE DEFINISCONO I RISCHI STABILITI DAI PRESENTI TOS TRA LE PARTI, E LE PARTI IN QUESTIONE HANNO ACCETTATO DI SOTTOMETTERSI A TALI LIMITAZIONI NELL’ACCETTARE DI SOTTOSCRIVERE AI PRESENTI TOS.
8.2 Alcuni Stati non consentono l’applicazione degli esoneri, l’esenzione dalle garanzie implicite o la limitazione delle responsabilità in caso di danni consequenziali o accidentali, il che implica la possibilità che alcune delle limitazioni enumerate nella Sezione 7 (Esoneri) e 8 (Limitazione delle responsabilità) risultino non applicabili o vincolanti per l’Utente. IN QUESTI STATI, LA RESPONSABILITÀ DI RISESMART SARÀ LIMITATA NELLA MASSIMA MISURA PERMESSA DALLA LEGGE IN VIGORE. SE L’UTENTE È UN RESIDENTE DEL NEW JERSEY, LE DISPOSIZIONI ENUMERATE NELLE SEZIONI 7 (ESONERI) E 8 (LIMITAZIONI DELLE RESPONSABILITÀ) SONO APPLICABILI NEI LIMITI DELLE LEGGI DEL NEW JERSEY. SE UNA QUALSIASI DELLE PARTI CHE COMPONGONO TALI SEZIONI NON RISULTA VALIDA SECONDO LA LEGGE DEL NEW JERSEY, IL CARATTERE NON VALIDO DI TALI PARTI NON PREGIUDICA LA VALIDITÀ DELLE PARTI RIMANENTI DELLA SEZIONE APPLICABILE.
9. Indennizzo.
L’Utente è tenuto a difendere, rimborsare e indennizzare RiseSmart da e contro eventuali rivendicazioni, azioni o richieste, incluso, e senza limitazioni, spese contabili e legali, causate o risultanti da qualunque violazione da parte sua dei presenti TOS, qualsiasi Contenuto di cui è responsabile o qualsiasi altro accesso, contribuzione all’uso e l’uso improprio del Servizio. RiseSmart provvederà a notificare ogni Utente di tali reclami, cause o richieste. RiseSmart si riserva il diritto di assumersi la difesa e il controllo esclusivi di qualsiasi problema soggetto a indennizzo relativo alla presente sezione. Qualora si dovesse verificare tale situazione, l’Utente accetta di cooperare rispondendo a qualsiasi ragionevole richiesta, e di portare il proprio sostegno alla difesa di RiseSmart in merito a tale problema. A prescindere da quanto detto, l’Utente non è nell’obbligo di indennizzare, difendere o manlevare RiseSmart da o contro eventuali reclami, azioni o richieste nella misura risultante da tutte le azioni o inazioni di RiseSmart.
10. Attribuzione.
L’Utente non è autorizzato ad attribuire i presenti TOS senza previo consenso di RiseSmart. Cionondimeno, RiseSmart può attribuire o trasferire i presenti TOS, interamente o parzialmente, senza restrizione alcuna.
11. Diritto applicabile.
I presenti TOS sono regolati dalle leggi dello Stato della California, a prescindere dai conflitti di legge. Salvo disposizioni contrarie impartite da RiseSmart per casi particolari, l’Utente acconsente espressamente a sottomettersi alla giurisdizione personale esclusiva dei tribunali federali e statali dello Stato della California per la risoluzione di qualsiasi controversia relativa all’accesso o all’utilizzo del Servizio.
12. DMCA.
Il Digital Millennium Copyright Act del 1998 (il “DMCA”, legge americana sulla proprietà intellettuale) prevede la possibilità di fare ricorso per chiunque consideri che del materiale presente su internet infranga i propri diritti, protetti dalla legge americana sul copyright (proprietà intellettuale). RiseSmart si impegna a prendere in considerazione e a indagare su eventuali notifiche di presunta violazione della legge in questione e ad intraprendere le azioni necessarie, conformemente alla legge DMCA e a tutte le leggi applicabili in merito alla proprietà intellettuale nei confronti di qualsiasi presunta o effettiva violazione di queste. Le notifiche di pretesa violazione della proprietà intellettuale vanno inviate all’operatore addetto alle questioni di copyright di RiseSmart, all’indirizzo user.support@risesmart.com (con oggetto: “DMCA Takedown Request”, ovvero “Denuncia per violazione della legge DMCA”). L’Utente può inoltre contattare RiseSmart via e-mail all’indirizzo:
Attenzione: Operatore addetto alle questioni di copyright
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notifica: Al fine di garantire l’efficacia della notifica, questa va stilata per iscritto e deve contenere le seguenti informazioni:
- una firma a mano o elettronica della persona autorizzata ad agire per conto del detentore del copyright o di altri interessi di proprietà intellettuale;
- una descrizione del materiale soggetto a copyright o ad altre clausole di proprietà intellettuale che l’Utente ritiene siano stati violati;
- una descrizione dell’ubicazione nel sito del materiale che l’Utente considera imputabile di violazione, contenente tutti i dettagli necessari per permettere a RiseSmart di individuarlo nel Sito;
- l’indirizzo, il numero di telefono e l’e-mail dell’Utente che inoltra la richiesta;
- una dichiarazione scritta dall’Utente, il quale deve esplicitare, in buona fede, che l’azione in causa non è autorizzata dal proprietario del copyright o della proprietà intellettuale, dal suo agente o dalla legge;
- una dichiarazione sull’onore effettuata dall’Utente, pena l’accusa di falsa testimonianza, in cui deve confermare che le informazioni precedentemente trasmesse nella notifica sono esatte, e che è il detentore della proprietà intellettuale, o la persona autorizzata ad agire per conto del detentore della proprietà intellettuale o del copyright di cui è questione.
13. 1. Applicazioni del software compatibili con Apple.
RiseSmart offre una serie di applicazioni volte a operare in connessione con prodotti commercializzati da Apple Inc. (“Apple”), oltre ad altre piattaforme. Per quanto concerne il Software commercializzato per l’utilizzo in connessione con prodotti del marchio Apple (come i Software “Software compatibili Apple”), oltre agli altri termini e condizioni stabiliti per i presenti TOS, si applicano anche i seguenti termini e condizioni:
- RiseSmart e i suoi Utenti riconoscono che le presenti TOS sono oggetto di contratto unicamente tra RiseSmart e ogni Utente, e non con Apple, e che tra RiseSmart e Apple, RiseSmart, e non Apple, è l’unica responsabile per il Software compatibile con Apple, e per il contenuto dello stesso.
- È vietato utilizzare il Software compatibile con Apple in qualsivoglia maniera che costituisca violazione delle disposizioni di utilizzo per il Software compatibile con Apple enunciate nei Termini di Servizio dell’App Store, o che sia non conforme o in conflitto con queste.
- L’autorizzazione di utilizzare il Software compatibile con Apple è limitata a una licenza non trasferibile di utilizzo del Software compatibile con Apple per un dispositivo iOS di proprietà o di controllo dell’Utente, come stabilito dai Termini di Servizio dell’App Store.
- Apple non ha in alcun caso l’obbligo di fornire servizi di assistenza o manutenzione per quanto concerne il Software compatibile con Apple.
- Apple non è responsabile per le garanzie prodotto, esplicite o implicite che siano. Qualora il Software compatibile con Apple dovesse riscontrare problemi di conformità con la garanzia applicabile, l’Utente è invitato a notificare Apple, e Apple provvederà a rimborsare il prezzo di acquisto, se del caso, del Software compatibile con Apple all’Utente interessato; inoltre, nella massima misura di quanto previsto dalla legge applicabile, Apple non ha obblighi di garanzia di nessun tipo nei confronti del Software compatibile con Apple, o in caso di reclami, perdite, responsabilità, danni, costi o spese imputabili all’impossibilità di conformarsi a qualsiasi garanzia, la cui responsabilità sarà attribuibile unicamente a RiseSmart, salvo esoneri previsti dalla legge applicabile.
- RiseSmart e l’Utente riconoscono che RiseSmart, e non Apple, è l’unica responsabile per eventuali reclami effettuati dall’Utente o da terzi, concernenti un Software compatibile con Apple di proprietà di un Utente e/o dell’utilizzo di tale Software compatibile con Apple, tra cui, a titolo non esaustivo: (i) reclami relativi alla responsabilità per il prodotto; (ii) qualsiasi reclamo relativo all’impossibilità del Software compatibile con Apple di conformarsi a prescrizioni legali o regolamentari ; e (iii) reclami in rapporto con la protezione del consumatore o con simili normative.
- Qualora una terza parte venga a rivendicare una violazione dei propri diritti di proprietà intellettuale imputabili al Software compatibile con Apple o al possesso e all’utilizzo dei questo da parte dell’utilizzatore finale, nel contenzioso che implica RiseSmart e Apple, RiseSmart, e non Apple sarà da considerarsi come responsabile per l’indagine, la difesa, la risoluzione e l’appuramento di tale rivendicazione di violazione della proprietà intellettuale.
- L’utente dichiara e garantisce che non si risiede in Paesi soggetti a embargo da parte del Governo degli Stati Uniti, o designati dal Governo degli Stati Uniti come un Paese che “sostiene il terrorismo”; e (iii) che non fa parte di nessuna lista dei soggetti sottomessi a restrizioni o divieti del Governo statunitense.
- Per qualsiasi domanda, lamentela o reclamo in merito al Software compatibile con Apple, invitiamo i nostri Utenti a rivolgersi a RiseSmart al seguente indirizzo:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart e l’Utente riconoscono e accettano che Apple e delle società affiliate di Apple sono terze parti beneficiarie di questi TOS per quanto concerne il Software compatibile con Apple, e che, in virtù dell’accettazione dei termini e condizioni contenuti nel presente TOS, Apple è in diritto (e verrà considerato che ha accettato tale diritto) di sottomettere l’Utente all’applicazione dei seguenti TOS per quanto concerne il Software compatibile con Apple in quanto terza parte beneficiaria degli stessi.
- Per maggiori informazioni, consultare: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Link verso altri siti.
Il Servizio potrebbe contenere link verso siti internet di proprietà di terze parti. Tali link sono forniti all’Utente esclusivamente per motivi di praticità, e non costituiscono adesione di RiseSmart ai contenuti di tali siti internet appartenenti a terze parti. RiseSmart non è responsabile per i contenuti dei siti correlati appartenenti a terze parti e non prende posizione in merito ai contenuti o all’esattezza dei materiali contenuti in tali siti appartenenti a terze parti. Qualora l’Utente desideri accedere ai siti correlati appartenenti a terze parti, lo fa a suo rischio e pericolo.
15. Dispositivi mobili.
Se l’Utente utilizza il Servizio a partire da dispositivi mobili, egli è tenuto ad accettare che le informazioni riguardanti l’utilizzo che fa del Servizio tramite dispositivo e supporto mobile vengano comunicate a RiseSmart, tra cui e a titolo non esaustivo il supporto mobile, il dispositivo mobile o la posizione fisica dell’Utente. Inoltre, l’utilizzo del Servizio via dispositivo mobile potrebbe comportare la visualizzazione dei dati nel o tramite il dispositivo mobile dell’Utente. Accendendo al Servizio tramite dispositivo mobile, l’Utente è cosciente che, nella misura in cui importa informazioni di RiseSmart che lo concernono sul proprio dispositivo mobile, è libero di condividere tali informazioni con il proprio supporto mobile e con altri fornitori di accesso. Qualora l’Utente sostituisca o disattivi il proprio dispositivo o account mobile, egli è tenuto ad accertarsi che il proprio account (e tutti i messaggi ad esso correlati (ove applicabile)), non siano accessibili per altre parti (o trasmessi ad altre parti) e il mancato rispetto di questa raccomandazione è sua esclusiva responsabilità. L’Utente riconosce di essere responsabile per eventuali spese e permessi necessari relativi all’accesso al Servizio tramite il proprio dispositivo mobile e fornitore di accesso. Pertanto, invitiamo i gentili Utenti a contattare il proprio fornitore per venire a conoscenza dei termini specifici relativi a questi servizi per i loro dispositivi mobili. Utilizzando qualsiasi applicazione disponibile per il download utile ad abilitare l’utilizzo del Servizio, l’Utente conferma implicitamente l’accettazione dei termini dell’End User Agreement (Accordo relativo alla licenza con l’utente finale) associato all’applicazione ottenuta al momento del download o dell’installazione, o di qualsiasi eventuale aggiornamento puntuale.
Entrata in vigore in data 18 gennaio 2019
Effective May 13th 2019 to July 15th 2019
DownloadTable of Contents
TERMINI e CONDIZIONI
1. Accettazione dei Termini.
1.1 RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (come denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai presenti Termini di servizio (qui di seguito denominati “TOS”, Terms Of Service in inglese). Accettando i presenti TOS, o accedendo o utilizzando il Servizio o il Sito, l’Utente accetta di aver letto e compreso i presenti TOS, e di approvare di esserne vincolato. Qualora l’Utente non sia d’accordo con i presenti TOS, lo invitiamo a non accettarli e pertanto non potrà utilizzare il Servizio.
1.2 RiseSmart è autorizzata a modificare tali TOS quando necessario, senza alcun preavviso. I termini e condizioni modificati entrano in vigore a decorrere dal momento della loro pubblicazione e se l’Utente utilizza il Servizio dopo tale data, tale utilizzo verrà considerato come un’accettazione tacita dei termini e delle condizioni modificati. Se l’Utente non considera accettabili alcune modifiche dei TOS, l’unica soluzione è la cessazione dell’accesso e dell’utilizzo del Servizio.
2. Descrizione del servizio.
Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (inclusa la gestione dei file e i servizi analitici), le tecnologie connesse e le applicazioni (tra cui, senza limitazioni, le applicazioni e i servizi a cui è possibile accedere tramite tutte le interfacce mobili o meno, che permettono l’accesso a tali servizi e applicazioni), e (c) tutti i software (incluso il Software, come denominato di seguito) i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (collettivamente denominati “Contenuti”). Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai presenti TOS.
3. Condizioni generali/Accesso e utilizzo del Servizio.
3.1 In conformità con i termini e condizioni dei presenti TOS, l’accesso dei nostri Utenti al Servizio e il suo utilizzo sono ammessi unicamente per scopi leciti. Tutti i diritti, i titoli e gli interessi all’interno e per il Servizio e le sue componenti verranno conservati e rimarranno proprietà esclusiva di RiseSmart. Non sono autorizzati (e questo vale per l’Utente e per le terze parti) (a) la copia, la riproduzione, la modifica, la cancellazione, la distribuzione, il download, la conservazione, la trasmissione, la pubblicazione, la creazione di opere derivate, la decompilazione e l’assemblaggio inverso o qualunque tentativo, diretto o indiretto, di scoprire qualsiasi codice sorgente, la vendita, la sublicenza, la rivendita, l’affitto, la concessione, il trasferimento, l’assegnazione o la condivisione di proprietà del Servizio, nonché lo sfruttamento a scopo commerciale di questo e la messa a disposizione del Servizio a terzi; (b) l’utilizzo del Servizio per scopi non conformi con la legge (incluso, senza limitazioni, il suo utilizzo in violazione di qualsiasi legge sui dati, sulla privacy o sul controllo dell’esportazione) in qualsivoglia maniera che interferisca con o che sia in opposizione con l’integrità o con le prestazioni del servizio o dei suoi componenti, (c) la modifica, l’adattamento o il pirataggio del Servizio avente come obiettivo l’ottenimento di un accesso non autorizzato al Servizio o ai sistemi e alle reti ad esso connesse; o (d) l’utilizzo di qualsiasi Contenuto in altri siti o media (e.g., ambienti di networking). I nostri Utenti sono tenuti a confermarsi a tutti i codici di condotta e a tutte le politiche o notifiche fornite da RiseSmart in rapporto con il Servizio. Sono tenuti inoltre a notificare immediatamente a RiseSmart qualsiasi breccia relativa alla scurezza in relazione con il Servizio. Inoltre, utilizzando alcuni servizi, i nostri Utenti saranno soggetti a ulteriori termini, applicabili ai servizi che potrebbero essere pubblicati puntualmente nel Servizio, tra i quali è inclusa, senza limitazioni, la Politica sulla privacy di RiseSmart.
3.2 Qualsiasi software reso disponibile da RiseSmart in rapporto con il Servizio (“Software”) contiene informazioni di proprietà riservata e confidenziali, protette dalle leggi applicabili sulla proprietà intellettuale e da altre leggi. Nel rispetto dei termini de condizioni di questi TOS, RiseSmart garantisce con la Presente diritto e licenza personali, non trasferibili, non concedibili in sublicenza e non esclusivi, di utilizzare il codice oggetto di qualsiasi Software in un singolo dispositivo, unicamente se in rapporto con il Servizio. I nostri Utenti accettano di non accedere al Servizio con qualsivoglia mezzo che non sia l’interfaccia fornita da RiseSmart per un utilizzo finalizzato all’accesso al Servizio. Tutti i diritti non espressamente garantiti nel presente documento sono riservati e non sono garantiti ai nostri Utenti nessun diritto e nessuna licenza di utilizzare marchi di proprietà di RiseSmart o qualsiasi terza parte in relazione con il Servizio.
3.3 Ogni Utente è l’unico responsabile di tutti i dati, le informazioni, i riscontri, le suggestioni, i testi, i contenuti e altri materiali da esso scaricati, pubblicati, forniti, consegnati o trasmessi in qualsivoglia maniera o conservati (qui di seguito “trasmessi” /“trasmissione”) in relazione o in rapporto con il Servizio (“Il Contenuto Utente”). Ogni Utente si porta con la Presente rappresentante e garante del fatto che il proprio Contenuto da esso trasmesso nel rispetto del Servizio (a) sia attendibile, corretto, legale, decente, onesto e completo (incluso, senza limitazioni, per quanto riguarda il suo curriculum, i suoi dati anagrafici e le sue informazioni occupazionali, se l’Utente utilizza il Servizio come cercatore di lavoro o cercatore di un’evoluzione della carriera), e (b) sia esente da errori, worm o virus. L’Utente approva che RiseSmart possa procedere a rimozione del suo Contenuto dal Servizio qualora ritenga che l’Utente agisce in violazione di quanto detto in precedenza o di altri termini dei presenti TOS. L’Utente ha la responsabilità di mantenere la confidenzialità dei propri login, password e account, nonché di tutte le attività effettuate all’interno del suo login o account. RiseSmart si riserva il diritto di accedere all’account dell’Utente al fine di rispondere alle sue richieste di assistenza tecnica. Trasmettendo il proprio Contenuto nel o tramite il Servizio, l’Utente è tenuto a garantire e garantisce di fatto con la Presente a RiseSmart la licenza non esclusiva, perenne, irrevocabile, senza royalty, interamente pagata, concedibile in sublicenza e trasferibile, di utilizzare, modificare, riprodurre, distribuire, visualizzare, pubblicare ed eseguire il suo Contenuto in relazione con il Servizio. RiseSmart ha il diritto, ma non l’obbligo, di vagliare o monitorare il Servizio, il Contenuto o il Contenuto Utente. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto), o per ragioni non precisate.
3.4 L’Utente prende conoscenza del fatto che la gestione del Servizio, incluso del suo Contenuto, potrebbe essere non cifrato e che comprende (a) la trasmissione attraverso diverse reti, (b) cambiamenti volti a conformare o adattare le prescrizioni tecniche di connessione di reti o dispositivi, (c) la trasmissione a venditori esterni di RiseSmart e l’hosting di partner per fornire gli hardware, i software, il networking, la conservazione e le relative tecnologie necessarie per l’esecuzione e il mantenimento del Servizio, e (d) la trasmissione ad altri terzi in relazione con l’erogazione del Servizio all’Utente. Analogamente, l’Utente riconosce di avere la responsabilità esclusiva delle misure di sicurezza, di protezione e di backup del suo Contenuto. RiseSmart non sarà ritenuto in alcun caso responsabile per qualsiasi accesso o utilizzo non autorizzato di Contenuti di sua proprietà, o per qualsiasi danneggiamento, cancellazione, distruzione o perdita di Contenuti di sua proprietà.
3.5 Qualora l’Utente sia un richiedente di lavoro o di evoluzione della carriera, egli è tenuto ad accettare di agire in coscienza, facendo prova di prudenza e buon senso nel gestire le opportunità di lavoro e altre informazioni offerte da o ottenute tramite il Servizio, nonché ad assumersi il rischio di qualsivoglia affidamento o utilizzo di tutti i Contenuti (il che include qualsiasi suggestione di lavoro o consiglio relativo alla carriera o raccomandazione) fornito tramite il Servizio.
3.6 L’incapacità da parte di RiseSmart di esercitare o applicare qualsiasi diritto o erogazione dei presenti TOS non costituisce deroga a questo diritto. L’Utente prende conoscenza del fatto che i presenti TOS hanno valore di contratto tra esso e RiseSmart, quantunque questi siano stati firmati per via elettronica e non fisica da parte dell’Utente e di RiseSmart, e che questi disciplinano l’utilizzo del Servizio da parte dell’Utente, sostituendosi a qualsivoglia accordo simile finalizzato in precedenza tra l’Utente e RiseSmart.
3.7 L’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi e/o gli ex dipendentidel cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) qui di seguito collettivamente denominati “Impegni verso il Cliente dell’Impresa). Qualora l’Utente utilizzi il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata. Qualora l’Utente utilizzi il Servizio conformemente agli Impegni verso il Cliente dell’Impresa per Assistenza all’Evoluzione della Carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro o in evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in forma aggregata per ogni singolo caso. Invitiamo i gentili Utenti a consultare la Politica sulla privacy di RiseSmart per ulteriori informazioni in merito alla raccolta, all’utilizzo e alla condivisione delle informazioni fornite dagli Utenti stessi o dai clienti dell’impresa, da parte di RiseSmart, in relazione con gli Impegni verso il Cliente dell’Impresa.
3.8 Qualora l’Utente utilizzi il Servizio conformemente a uno degli Impegni verso il Cliente dell’Impresa, costui è tenuto ad accettare che il Servizio ad esso erogato non ecceda i limiti del campo di applicazione, della durata o di altre restrizioni dell’Impegno verso i Clienti dell’Impresa, il cui rispetto costituisce condizione sine qua non dell’accesso al Servizio.
3.9 L’Utente accetta che RiseSmart (a) stabilisca una serie di pratiche e di limiti attinenti all’utilizzo del Servizio, incluso senza limitazioni il lasso di tempo massimo durante il quale il Contenuto o qualsiasi contenuto dell’Utente verrà conservato dal Servizio e i limiti di spazio di conservazione che verranno concessi a suo nome, (b) RiseSmart non si assuma nessuna responsabilità o assoggettamento per la soppressione o l’impossibilità di conservare qualsiasi Contenuto o qualsiasi contenuto dell’Utente conservato o caricato nel Servizio, e (c) abbia il diritto di conservare del Contenuto o qualsiasi Contenuto dell’Utente nonché di divulgare del Contenuto o il Contenuto dell’Utente qualora questo dovesse esser prescritto per legge o qualora lo ritenga in buona fede necessario al fine di: (i) conformarsi con qualsiasi processo di natura legale, o con le leggi o le normative applicabili che lo impongono; (ii) applicare le presenti TOS; (iii) rispondere ad eventuali reclami relativi alla presunta violazione dei diritti di terzi da parte di un Contenuto o di qualsiasi Contenuto dell’Utente; o (iv) proteggere i diritti, la proprietà o l’incolumità personale di RiseSmart, dei suoi Utenti e del pubblico. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto o di qualsiasi Contenuto imputabile all’Utente, in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto o del Contenuto dell’Utente), o per ragioni non precisate.
4. Pagamento.
Nella misura in cui il Servizio o qualsiasi parte dello stesso è disponibile a pagamento (e qualora non sia pagato da un’impresa cliente di RiseSmart), l’Utente è tenuto a selezionare un piano di pagamento e a fornire a RiseSmart le informazioni relative alla sua carta di credito o di un’altra modalità di pagamento. L’Utente garantisce a RiseSmart che le informazioni fornite sono veritiere che si è autorizzati ad utilizzare lo strumento di pagamento indicato. L’Utente procederà quanto prima all’inserimento delle proprie informazioni bancarie includendo le eventuali modifiche (ad esempio, una modifica dell’indirizzo di fatturazione o della data di scadenza della propria carta di credito). L’Utente accetta di pagare a RiseSmart l’importo specificato nel piano di pagamento in conformità con i termini di tale piano e dei presenti TOS. Con la Presente l’Utente autorizza RiseSmart a procedere all’addebito sul metodo di pagamento indicato in anticipo a scadenza regolare, conformemente ai termini del piano di pagamento applicabile, fino alla chiusura dell’account dell’Utente in questione, il quale accetta inoltre di pagare eventuali costi aggiuntivi se necessario. Qualora l’Utente desideri fare opposizione ad eventuali costi aggiuntivi, egli è tenuto ad avvisare RiseSmart entro sessanta (60) giorni a decorrere dalla data della fattura emessa da RiseSmart. RiseSmart si riserva il diritto di modificare i prezzi dei servizi erogati in qualsiasi momento. Qualora RiseSmart dovesse procedere a modifica delle tariffe relative ai servizi erogati, RiseSmart ne avvertirà gli Utenti tramite notifica sul Sito o via e-mail individuale, nelle opzioni di RiseSmart, con minimo 30 giorni di anticipo rispetto alla data di entrata in vigore della modifica. Il proseguimento dell’utilizzo del Servizio dopo l’entrata in vigore della modifica del prezzo è considerato come tacita accettazione del pagamento dell’importo modificato. Qualora l’Utente utilizzi il Servizio conformemente a un Impegno verso il Cliente dell’Impresa, tale cliente dell’impresa verrà addebitato per il package del Servizio specifico che ha autorizzato RiseSmart ad erogare all’Utente in questione.
5. Dichiarazioni e garanzie.
Nell’ambito dell’utilizzo dell’Utente, questi accetta di NON: violare qualsivoglia regolamento locale, statale e federale, regolamento e statuto di qualsivoglia giurisdizione, tra cui, a titolo non esaustivo, leggi e regolamenti americani relativi alle esportazioni e alle leggi relative alle pari opportunità in materia di lavoro; violare qualsivoglia diritto relativo alla proprietà individuale e alla privacy, incluso, ma non limitato a brevetti, copyright, marchio di fabbrica o segreti industriali, di terze parti; caricare, pubblicare, trasmettere o conservare qualsivoglia materiale contrario alla legge, di natura offensiva, diffamatoria, fraudolenta, ingannevole, fallace, dannosa, minacciosa, molesta, oscena o riprovevole; che costituisca violazione di qualsivoglia obbligo contrattuale o di natura confidenziale; che pregiudichi o interferisca con le operazioni normali del Servizio, come la pubblicazione o la trasmissione di virus, worm, script, macro o codici di natura dannosa di qualsiasi tipo, la pubblicazione continua di contenuti ripetitivi o la pubblicazione di quantità anormali di dati; o che non siano consentiti da RiseSmart, tra cui, a titolo non esaustivo, qualsiasi materiale di natura pubblicitaria, materiale promozionale indesiderato, “junk mail”, “spam mail”, “chain letter”, schemi piramidali, franchise, distributori, affiliazioni a club, accordi commerciali, o qualsivoglia materiale non accettabile; violare altri diritti relativi alla privacy o alla persona, mandando e-mail indesiderate e raccogliendo informazioni personali di terzi; infrangere o tentare di infrangere qualsiasi misura di sicurezza relativa al Servizio; utilizzare qualsiasi dispositivo, processo o meccanismo al fine di monitorare, recuperare, cercare o accedere al Servizio, e.g. spider o robot, senza previo consenso; accedere o tentare di accedere a qualsiasi account o login di terzi registrati al Servizio; o pubblicare o inoltrare qualsiasi informazione falsa, inattendibile o incompleta, come il proprio curriculum, le proprie informazioni anagrafiche o occupazionali; usurpare l’identità di un’altra persona o di un’altra entità; falsificare qualsiasi intestazione di posta elettronica o mail; o falsificare la propria identità, la propria affiliazione con qualsiasi terza parte, o la propria entità.
6. Cessazione.
L’Utente ha il diritto di chiudere il proprio account in qualsiasi momento in conformità con le procedure stabilite sul Sito o fornite separatamente, ove applicabile. Qualora l’Utente utilizzi il Servizio in conformità con un Impegno verso il Cliente dell’Impresa, costui è tenuto ad accettare che l’accesso a tale Servizio arrivi a scadenza al momento della cessazione di tale Impegno verso un Cliente dell’Impresa. RiseSmart si riserva il diritto di (i) modificare o interrompere, in via temporaria o definitiva, il Servizio (o parte dello stesso) e di (ii) rifiutare l’utilizzo corrente o futuro, parziale o completo, del Servizio, di sospendere o chiudere l’account (o parte dello stesso) di un Utente e rimuovere e eliminare qualsiasi Contenuto dell’Utente in questione all’interno del Servizio, per qualsivoglia ragione, incluso qualora RiseSmart ritenga che tale Utente abbia violato i presenti TOS. RiseSmart non potrà essere considerata in alcun modo responsabile nei confronti dei suoi Utenti per qualsiasi modifica, sospensione o interruzione del Servizio. RiseSmart si impegna a sforzarsi in buona fede a contattare ogni Utente per avvisarlo prima di procedere a sospensione o chiusura del suo account da parte di RiseSmart. Tutti i Contenuti del Servizio (se del caso) potranno essere cancellati definitivamente da parte di RiseSmart al momento della chiusura dell’account di un Utente, a sua esclusiva discrezione. Qualora RiseSmart dovesse procedere a chiusura di un account senza precisarne le ragioni, e qualora l’Utente abbia sottoscritto a un servizio a pagamento, se applicabile (esclusivamente in caso di Impegno verso il Cliente dell’Impresa) RiseSmart provvederà al rimborso proporzionale della quota non acquisita di qualsiasi importo prepagato a RiseSmart per tale servizio. Ciononostante, tutti i diritti di pagamento maturati e i termini della Sezione 4-12 vanno applicati indipendentemente dalla cessazione dei presenti TOS.
7. ESONERI.
IL SERVIZIO, INCLUSI IL SITO, IL CONTENUTO (INCLUSO, SENZA LIMITAZIONI, PROPOSTE DI LAVORO E DI EVOLUZIONE DELLA CARRIERA, LE RACCOMANDAZIONI E LE STATISTICHE) E TUTTI I COMPONENTI DEI SERVER E DELLA RETE SONO FORNITI SULLA BASE DELLE DISPONIBILITÀ E DELLE POSSIBILITÀ, SENZA GARANZIE DI NESSUN TIPO, E RISESMART SI DICHIARA ESENTE DALLA RESPONSABILITÀ DI FORNIRE GARANZIE IN MERITO, SIANO ESSE ESPLICITE O IMPLICITE, TRA CUI, A TITOLO NON ESCLUSIVO, LE GARANZIE IMPLICITE DI COMMERCIABILITÀ, TITOLI O IDONEITÀ PER FINALITÀ SPECIFICHE, E LA NON-VIOLAZIONE. L’UTENTE ACCETTA LA DECISIONE DI RISESMART DI NON GARANTIRE CHE IL SERVIZIO NON SIA SOGGETTO A INTERRUZIONI, O CHE NON SIA SUFFICIENTEMENTE RAPIDO, SICURO, INDENNE DA ERRORI O VIRUS E CHE NESSUNA INFORMAZIONE, NOTIFICA O SERVIZIO OTTENUTI DALL’UTENTE DA PARTE DI RISESMART O TRAMITE IL SERVIZIO SIA ALL’ORIGINE DI GARANZIE NON ESPRESSAMENTE ENUNCIATE NEI PRESENTI TOS. SENZA PERTANTO LIMITARE IL CARATTERE GENERALE DI QUANTO PRECEDE, QUALORA L’UTENTE SIA UN RICHIEDENTE DI LAVORO O DI UN’EVOLUZIONE DELLA CARRIERA, (A) L’UTENTE IN QUESTIONE PRENDE ATTO E ACCETTA CHE EVENTUALI PROPOSTE DI LAVORO PUBBLICATE DA RISESMART SUL SUO ACCOUNT POSSANO ESSERE RICEVUTE ANCHE DA ALTRE PARTI, SENZA ALCUN TIPO DI ESAME SPECIFICO E CHE (B) RISESMART NON AUTORIZZA O GARANTISCE LA LEGITTIMITÀ O LA CORRETTEZZA DELLE OFFERTE DI LAVORO O DELLE INFORMAZIONI, NÉ GARANTISCE L’OTTENIMENTO REALE DI UN POSTO DI LAVORO, DI UN’EVOLUZIONE DELLA CARRIERA GRAZIE AL SERVIZIO O CHE I POSTI DI LAVORO O EVOLUZIONI DELLA CARRIERA OTTENUTI TRAMITE IL SERVIZIO SIANO ADATTI ALLE NECESSITA DELL’UTENTE O CORRISPONDANO ALLE SUE ASPETTATIVE. RiseSmart non può essere ritenuta responsabile in nessun caso e in qualsivoglia maniera per qualsiasi contenuto o materiale di terzi (inclusi gli utenti), tra cui, a titolo non esclusivo, per qualsiasi errore o omissione presenti nei contenuti, né per perdite o danneggiamenti di qualsiasi natura relativi all’utilizzo di tali contenuti. L’Utente riconosce che RiseSmart non preseleziona i contenuti. Nondimeno, RiseSmart e relativi designati hanno il diritto (ma non l’obbligo), a loro esclusiva discrezione, di rifiutare o rimuovere qualsiasi contenuto disponibile via il Servizio. L’Utente accetta di valutare e assumersi tutti i rischi associati all’uso di qualsiasi contenuto, incluso quelli relativi all’affidabilità relativa all’esattezza, all’esaustività o all’utilità di tale contenuto.
8. LIMITAZIONI DI RESPONSABILITÀ.
8.1. IN NESSUN CASO E SECONDO NESSUNA TEORIA LEGALE (IN CASO DI CONTRATTO, DI TORTO O ALTRO) RISESMART POTRÀ ESSERE TENUTA RESPONSABILE NEI CONFRONTI DEI PROPRI UTENTI PER (A) EVENTUALI DANNI INDIRETTI, ACCIDENTALI, SPECIALI, ESEMPLARI, CONSEQUENZIALI O PUNITIVI, INCLUSI GUADAGNI PERSI, VENDITE O AFFARI MANCATI, PERDITA DI DATI O INTERRUZIONE DI AFFARI, O (B) PER EVENTUALI DANNI, COSTI, PERDITE O PASSIVITÀ IN ECCESSO RISPETTO ALLE TARIFFE PAGATE DALL’UTENTE DURANTE I SEI (6) MESI CHE PRECEDONO GLI EVENTI CHE HANNO DATO LUOGO AL RECLAMO EFFETTUATO DA UN UTENTE, O, IN CASO DI MANCATO PAGAMENTO DELL’IMPORTO DOVUTO, AL PAGAMENTO DI CENTO ($100) DOLLARI AMERICANI. LE DISPOSIZIONI DI CUI ALLA PRESENTE SEZIONE DEFINISCONO I RISCHI STABILITI DAI PRESENTI TOS TRA LE PARTI, E LE PARTI IN QUESTIONE HANNO ACCETTATO DI SOTTOMETTERSI A TALI LIMITAZIONI NELL’ACCETTARE DI SOTTOSCRIVERE AI PRESENTI TOS.
8.2 Alcuni Stati non consentono l’applicazione degli esoneri, l’esenzione dalle garanzie implicite o la limitazione delle responsabilità in caso di danni consequenziali o accidentali, il che implica la possibilità che alcune delle limitazioni enumerate nella Sezione 7 (Esoneri) e 8 (Limitazione delle responsabilità) risultino non applicabili o vincolanti per l’Utente. IN QUESTI STATI, LA RESPONSABILITÀ DI RISESMART SARÀ LIMITATA NELLA MASSIMA MISURA PERMESSA DALLA LEGGE IN VIGORE. SE L’UTENTE È UN RESIDENTE DEL NEW JERSEY, LE DISPOSIZIONI ENUMERATE NELLE SEZIONI 7 (ESONERI) E 8 (LIMITAZIONI DELLE RESPONSABILITÀ) SONO APPLICABILI NEI LIMITI DELLE LEGGI DEL NEW JERSEY. SE UNA QUALSIASI DELLE PARTI CHE COMPONGONO TALI SEZIONI NON RISULTA VALIDA SECONDO LA LEGGE DEL NEW JERSEY, IL CARATTERE NON VALIDO DI TALI PARTI NON PREGIUDICA LA VALIDITÀ DELLE PARTI RIMANENTI DELLA SEZIONE APPLICABILE.
9. Indennizzo.
L’Utente è tenuto a difendere, rimborsare e indennizzare RiseSmart da e contro eventuali rivendicazioni, azioni o richieste, incluso, e senza limitazioni, spese contabili e legali, causate o risultanti da qualunque violazione da parte sua dei presenti TOS, qualsiasi Contenuto di cui è responsabile o qualsiasi altro accesso, contribuzione all’uso e l’uso improprio del Servizio. RiseSmart provvederà a notificare ogni Utente di tali reclami, cause o richieste. RiseSmart si riserva il diritto di assumersi la difesa e il controllo esclusivi di qualsiasi problema soggetto a indennizzo relativo alla presente sezione. Qualora si dovesse verificare tale situazione, l’Utente accetta di cooperare rispondendo a qualsiasi ragionevole richiesta, e di portare il proprio sostegno alla difesa di RiseSmart in merito a tale problema. A prescindere da quanto detto, l’Utente non è nell’obbligo di indennizzare, difendere o manlevare RiseSmart da o contro eventuali reclami, azioni o richieste nella misura risultante da tutte le azioni o inazioni di RiseSmart.
10. Attribuzione.
L’Utente non è autorizzato ad attribuire i presenti TOS senza previo consenso di RiseSmart. Cionondimeno, RiseSmart può attribuire o trasferire i presenti TOS, interamente o parzialmente, senza restrizione alcuna.
11. Diritto applicabile.
I presenti TOS sono regolati dalle leggi dello Stato della California, a prescindere dai conflitti di legge. Salvo disposizioni contrarie impartite da RiseSmart per casi particolari, l’Utente acconsente espressamente a sottomettersi alla giurisdizione personale esclusiva dei tribunali federali e statali dello Stato della California per la risoluzione di qualsiasi controversia relativa all’accesso o all’utilizzo del Servizio.
12. DMCA.
Il Digital Millennium Copyright Act del 1998 (il “DMCA”, legge americana sulla proprietà intellettuale) prevede la possibilità di fare ricorso per chiunque consideri che del materiale presente su internet infranga i propri diritti, protetti dalla legge americana sul copyright (proprietà intellettuale). RiseSmart si impegna a prendere in considerazione e a indagare su eventuali notifiche di presunta violazione della legge in questione e ad intraprendere le azioni necessarie, conformemente alla legge DMCA e a tutte le leggi applicabili in merito alla proprietà intellettuale nei confronti di qualsiasi presunta o effettiva violazione di queste. Le notifiche di pretesa violazione della proprietà intellettuale vanno inviate all’operatore addetto alle questioni di copyright di RiseSmart, all’indirizzo user.support@risesmart.com (con oggetto: “DMCA Takedown Request”, ovvero “Denuncia per violazione della legge DMCA”). L’Utente può inoltre contattare RiseSmart via e-mail all’indirizzo:
Attenzione: Operatore addetto alle questioni di copyright
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notifica: Al fine di garantire l’efficacia della notifica, questa va stilata per iscritto e deve contenere le seguenti informazioni:
- una firma a mano o elettronica della persona autorizzata ad agire per conto del detentore del copyright o di altri interessi di proprietà intellettuale;
- una descrizione del materiale soggetto a copyright o ad altre clausole di proprietà intellettuale che l’Utente ritiene siano stati violati;
- una descrizione dell’ubicazione nel sito del materiale che l’Utente considera imputabile di violazione, contenente tutti i dettagli necessari per permettere a RiseSmart di individuarlo nel Sito;
- l’indirizzo, il numero di telefono e l’e-mail dell’Utente che inoltra la richiesta;
- una dichiarazione scritta dall’Utente, il quale deve esplicitare, in buona fede, che l’azione in causa non è autorizzata dal proprietario del copyright o della proprietà intellettuale, dal suo agente o dalla legge;
- una dichiarazione sull’onore effettuata dall’Utente, pena l’accusa di falsa testimonianza, in cui deve confermare che le informazioni precedentemente trasmesse nella notifica sono esatte, e che è il detentore della proprietà intellettuale, o la persona autorizzata ad agire per conto del detentore della proprietà intellettuale o del copyright di cui è questione.
13. 1. Applicazioni del software compatibili con Apple.
RiseSmart offre una serie di applicazioni volte a operare in connessione con prodotti commercializzati da Apple Inc. (“Apple”), oltre ad altre piattaforme. Per quanto concerne il Software commercializzato per l’utilizzo in connessione con prodotti del marchio Apple (come i Software “Software compatibili Apple”), oltre agli altri termini e condizioni stabiliti per i presenti TOS, si applicano anche i seguenti termini e condizioni:
- RiseSmart e i suoi Utenti riconoscono che le presenti TOS sono oggetto di contratto unicamente tra RiseSmart e ogni Utente, e non con Apple, e che tra RiseSmart e Apple, RiseSmart, e non Apple, è l’unica responsabile per il Software compatibile con Apple, e per il contenuto dello stesso.
- È vietato utilizzare il Software compatibile con Apple in qualsivoglia maniera che costituisca violazione delle disposizioni di utilizzo per il Software compatibile con Apple enunciate nei Termini di Servizio dell’App Store, o che sia non conforme o in conflitto con queste.
- L’autorizzazione di utilizzare il Software compatibile con Apple è limitata a una licenza non trasferibile di utilizzo del Software compatibile con Apple per un dispositivo iOS di proprietà o di controllo dell’Utente, come stabilito dai Termini di Servizio dell’App Store.
- Apple non ha in alcun caso l’obbligo di fornire servizi di assistenza o manutenzione per quanto concerne il Software compatibile con Apple.
- Apple non è responsabile per le garanzie prodotto, esplicite o implicite che siano. Qualora il Software compatibile con Apple dovesse riscontrare problemi di conformità con la garanzia applicabile, l’Utente è invitato a notificare Apple, e Apple provvederà a rimborsare il prezzo di acquisto, se del caso, del Software compatibile con Apple all’Utente interessato; inoltre, nella massima misura di quanto previsto dalla legge applicabile, Apple non ha obblighi di garanzia di nessun tipo nei confronti del Software compatibile con Apple, o in caso di reclami, perdite, responsabilità, danni, costi o spese imputabili all’impossibilità di conformarsi a qualsiasi garanzia, la cui responsabilità sarà attribuibile unicamente a RiseSmart, salvo esoneri previsti dalla legge applicabile.
- RiseSmart e l’Utente riconoscono che RiseSmart, e non Apple, è l’unica responsabile per eventuali reclami effettuati dall’Utente o da terzi, concernenti un Software compatibile con Apple di proprietà di un Utente e/o dell’utilizzo di tale Software compatibile con Apple, tra cui, a titolo non esaustivo: (i) reclami relativi alla responsabilità per il prodotto; (ii) qualsiasi reclamo relativo all’impossibilità del Software compatibile con Apple di conformarsi a prescrizioni legali o regolamentari ; e (iii) reclami in rapporto con la protezione del consumatore o con simili normative.
- Qualora una terza parte venga a rivendicare una violazione dei propri diritti di proprietà intellettuale imputabili al Software compatibile con Apple o al possesso e all’utilizzo dei questo da parte dell’utilizzatore finale, nel contenzioso che implica RiseSmart e Apple, RiseSmart, e non Apple sarà da considerarsi come responsabile per l’indagine, la difesa, la risoluzione e l’appuramento di tale rivendicazione di violazione della proprietà intellettuale.
- L’utente dichiara e garantisce che non si risiede in Paesi soggetti a embargo da parte del Governo degli Stati Uniti, o designati dal Governo degli Stati Uniti come un Paese che “sostiene il terrorismo”; e (iii) che non fa parte di nessuna lista dei soggetti sottomessi a restrizioni o divieti del Governo statunitense.
- Per qualsiasi domanda, lamentela o reclamo in merito al Software compatibile con Apple, invitiamo i nostri Utenti a rivolgersi a RiseSmart al seguente indirizzo:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart e l’Utente riconoscono e accettano che Apple e delle società affiliate di Apple sono terze parti beneficiarie di questi TOS per quanto concerne il Software compatibile con Apple, e che, in virtù dell’accettazione dei termini e condizioni contenuti nel presente TOS, Apple è in diritto (e verrà considerato che ha accettato tale diritto) di sottomettere l’Utente all’applicazione dei seguenti TOS per quanto concerne il Software compatibile con Apple in quanto terza parte beneficiaria degli stessi.
- Per maggiori informazioni, consultare: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Link verso altri siti.
Il Servizio potrebbe contenere link verso siti internet di proprietà di terze parti. Tali link sono forniti all’Utente esclusivamente per motivi di praticità, e non costituiscono adesione di RiseSmart ai contenuti di tali siti internet appartenenti a terze parti. RiseSmart non è responsabile per i contenuti dei siti correlati appartenenti a terze parti e non prende posizione in merito ai contenuti o all’esattezza dei materiali contenuti in tali siti appartenenti a terze parti. Qualora l’Utente desideri accedere ai siti correlati appartenenti a terze parti, lo fa a suo rischio e pericolo.
15. Dispositivi mobili.
Se l’Utente utilizza il Servizio a partire da dispositivi mobili, egli è tenuto ad accettare che le informazioni riguardanti l’utilizzo che fa del Servizio tramite dispositivo e supporto mobile vengano comunicate a RiseSmart, tra cui e a titolo non esaustivo il supporto mobile, il dispositivo mobile o la posizione fisica dell’Utente. Inoltre, l’utilizzo del Servizio via dispositivo mobile potrebbe comportare la visualizzazione dei dati nel o tramite il dispositivo mobile dell’Utente. Accendendo al Servizio tramite dispositivo mobile, l’Utente è cosciente che, nella misura in cui importa informazioni di RiseSmart che lo concernono sul proprio dispositivo mobile, è libero di condividere tali informazioni con il proprio supporto mobile e con altri fornitori di accesso. Qualora l’Utente sostituisca o disattivi il proprio dispositivo o account mobile, egli è tenuto ad accertarsi che il proprio account (e tutti i messaggi ad esso correlati (ove applicabile)), non siano accessibili per altre parti (o trasmessi ad altre parti) e il mancato rispetto di questa raccomandazione è sua esclusiva responsabilità. L’Utente riconosce di essere responsabile per eventuali spese e permessi necessari relativi all’accesso al Servizio tramite il proprio dispositivo mobile e fornitore di accesso. Pertanto, invitiamo i gentili Utenti a contattare il proprio fornitore per venire a conoscenza dei termini specifici relativi a questi servizi per i loro dispositivi mobili. Utilizzando qualsiasi applicazione disponibile per il download utile ad abilitare l’utilizzo del Servizio, l’Utente conferma implicitamente l’accettazione dei termini dell’End User Agreement (Accordo relativo alla licenza con l’utente finale) associato all’applicazione ottenuta al momento del download o dell’installazione, o di qualsiasi eventuale aggiornamento puntuale.
Entrata in vigore in data 18 gennaio 2019
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adventori.com |
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trkn.us |
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demdex.net |
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simpli.fi |
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turn.com |
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domdex.com |
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exelator.com |
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addthis.com |
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hlserve.com |
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videoamp.com |
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gwallet.com |
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adbrn.com |
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company-target.com |
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krxd.net |
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pippio.com |
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adsnative.com |
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w55c.net |
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everesttech.net |
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advertising.com |
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pubmatic.com |
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ru4.com |
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dpm.demdex.net |
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pro-market.net |
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mxptint.net |
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bizrate.com |
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insightexpressai.com |
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match.rundsp.com |
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netseer.com |
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shareaholic.com |
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viglink.com |
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ibeu2.mookie1.com |
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jivox.com |
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myvisualiq.net |
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ml314.com |
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media6degrees.com |
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tidaltv.com |
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adkernel.com |
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criteo.com |
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bing.com |
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crsspxl.com |
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rubiconproject.com |
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bizographics.com |
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bidr.io |
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casalemedia.com |
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adsrvr.org |
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linkedin.com |
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crwdcntrl.net |
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disqus.com |
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ads.linkedin.com |
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vmweb.net |
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videostat.com |
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google.com |
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rlcdn.com |
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google.co.uk |
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bluekai.com |
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rfihub.com |
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sharethis.com |
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scorecardresearch.com |
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Tutte le informazioni raccolte da questi cookie sono aggregate e pertanto anonime. Se l’Utente non desidera autorizzare il ricorso a questi cookie, non ci sarà possibile sapere quando visita il nostro sito, e pertanto neppure di controllarne il corretto funzionamento.
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POLITICA SULLA PRIVACY DI RISESMART
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POLITICA SULLA PRIVACY DI RISESMART
RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (così denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai relativi Termini di servizio (ubicati all’indirizzo http://www.RiseSmart.com/terms-conditions) (i “TOS”) e alla presente Politica sulla privacy. Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (tra cui la gestione dei file e i servizi analitici), le tecnologie connesse e (c) tutti i software i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (qui di seguito generalmente denominati “Contenuti”).
RiseSmart effettua il controllo dati per tutte le informazioni raccolte e trattate tramite il Servizio. Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai TOS e alla presente Politica sulla privacy. La presente Politica sulla privacy stabilisce la politica di RiseSmart concernente il rispetto delle informazioni personali identificabili (“Dati personali”) e altre informazioni raccolte, trasmesse o comunque utilizzate in rapporto con il Servizio. I dati anonimi, che potrebbero essere raccolti durante l’utilizzo del Servizio da parte dell’Utente, non sono inclusi nella categoria “Dati personali.”
Il consenso dell’Utente
Fornendo volontariamente e RiseSmart dati personali o comunque usufruendo del Servizio, l’Utente riconosce e acconsente che RiseSmart raccolga, trasmetta e utilizzi i suoi Dati personali e altre informazioni come descritto qui di seguito in questa Politica sulla privacy e in tutte le altre segnalazioni fornite puntualmente da RiseSmart in relazione con in Servizio. L’Utente ha la facoltà di revocare tale autorizzazione e di esigere che l’informazione de esso fornita a RiseSmart venga eliminata.
Dati personali ricevuti dal cliente
Qualora l’Utente desideri usufruire del Servizio, RiseSmart gli richiederà di fornire direttamente a RiseSmart i propri Dati personali. RiseSmart riceverà da ogni Utente:
nome, professione attuale o recente, nome dell’azienda, numero di telefono, indirizzo, indirizzo e-mail e altre informazioni identificative o di contatto;
la cronologia del percorso professionale, educativo e formativo dell’Utente, altre qualifiche, obiettivi di impiego, aspettative di retribuzione, interessi e altre informazioni anagrafiche e relative alla carriera;
le informazioni relative alla progressione dei milestone e all’avanzamento della carriera e delle ricerche di impiego; e
informazioni relative al livello di soddisfazione cliente dell’Utente, o ad altri riscontri relativi all’evoluzione della carriera, alla ricerca di un impiego e al Servizio.
Inoltre, quando l’Utente interagisce con RiseSmart tramite il Servizio, RiseSmart è autorizzata a raccogliere Dati personali e informazioni che lo riguardano, quando queste sono fornite volontariamente da parte dell’Utente, come nel caso in cui egli contatti RiseSmart per qualsiasi richiesta o compili uno dei sondaggi di RiseSmart.
Ad ogni Utente verrà richiesto di fornire Dati personali tramite svariati canali in relazione con il Servizio, incluso tramite attivazione del suo account per il Servizio, via registrazione online o su carta stampata, come il suo curriculum, la sua checklist e i questionari completati per RiseSmart, le formazioni, le sessioni di counseling, le discussioni, gli scambi via e-mail e altri canali. Il Servizio è autorizzato inoltre a raccogliere l’indirizzo IP (Internet Protocol) dell’Utente.
Per l’account personale che ogni Utente può creare sul Servizio, RiseSmart è autorizzata a chiedere di impostare un unico nome utente, un’unica password e domanda di sicurezza, nonché a utilizzare queste informazioni di accesso al fine di accedere al suo account. L’Utente accetta di proteggere la segretezza del nome utente, della password e della domanda di sicurezza, e qualora l’Utente non possa più garantire tale segretezza, egli verrà tenuto come unico responsabile per qualsiasi utilizzo che ne risulti, e per qualsiasi furto, alterazione, uso improprio, divulgazione o altri danni in rapporto con i suoi Dati personali e altre informazioni.
L’Utente è autorizzato a esigere l’accesso ai dati forniti a RiseSmart. La richiesta di accesso va inviata al seguente indirizzo: user.support@risesmart.com. RiseSmart si impegna a rispondere a tale richiesta di accesso entro 30 giorni.
Dati personali ricevuti da un cliente dell’impresa
L’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi o gli ex dipendenti del cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) successivamente indicati come “Impegni verso il Cliente dell’Impresa) . RiseSmart, in adeguamento con gli Impegni verso il Cliente dell’impresa, riceve dal cliente dell’impresa una lista di persone ammissibili al Servizio. Se ammissibile, la lista cliente dell’impresa deve includere il nome dell’Utente, la sua professione attuale o recente, l’indirizzo postale, il numero di telefono, l’indirizzo e-mail, l’unità o il dipartimento aziendale, e altri Dati personali.
RiseSmart elabora come descritto le informazioni relative ad ogni Utente per il suo legittimo interesse, fornendogli un servizio resogli accessibile dal suo datore di lavoro o ex datore di lavoro. RiseSmart utilizza i Dati personali ricevuti dai clienti di un’impresa al fine di contattare i partecipanti ammissibili.
Trasferimenti internazionali dei Dati personali
Se l’Utente o il cliente di un’impresa fornisce Dati personali in relazione con il Servizio, l’Utente riconosce e accetta che tali Dati personali possano essere trasferiti dalla posizione del cliente dell’Utente o dell’impresa verso le sedi e i server di RiseSmart e verso terze parti autorizzate qui citate, sul territorio degli Stati Uniti o di altri Paesi.
Informazioni complementari e Uso dei cookie
Quando un utente interagisce con RiseSmart tramite il Servizio, RiseSmart riceve e conserva alcune informazioni personalmente non identificabili. Tali informazioni, raccolte passivamente a mezzo di svariate tecnologie, non possono essere utilizzate per identificare personalmente l’Utente. Inoltre, il Servizio è autorizzato a raccogliere altre informazioni personalmente non identificabili, a fini funzionali per il Servizio (e.g. la raccolta di risposte ai questionari che non contengono informazioni personalmente identificabili). RiseSmart è autorizzata a conservare tali informazioni o queste informazioni potrebbero essere inserite in un database di proprietà e gestione di RiseSmart o di fornitori d’accesso. Il Servizio è autorizzato a utilizzare tali informazioni e riunirle insieme ad altre informazioni al fine di individuare, ad esempio, il numero totale di visitatori del Sito o del Servizio, il numero di visitatori per ogni pagina del Sito o del Servizio e i nomi di dominio dei fornitori d’accesso internet dei visitatori di RiseSmart. È importante notare che nessun Dato personale è disponibile o utilizzato in questo processo, salvo qualora l’Utente o il cliente di un’impresa lo fornisca volontariamente, come sopra esposto.
A scopi funzionali per il Servizio, RiseSmart potrebbe fare ricorso a una tecnologia chiamata “cookie.” Un cookie consiste in un’informazione che il computer che ospita il Servizio trasmette al browser dell’utente quando accede al Servizio. I cookie di RiseSmart migliorano la funzionalità del Servizio e contribuiscono a rendere più attendibili le analisi del Servizio da parte di RiseSmart. Ad esempio, il Servizio potrebbe installare un cookie sul navigatore dell’utente, che gli permette di accedere al Servizio senza che sia necessario inserire la password più volte durante la visita al Servizio. Qualora RiseSmart utilizzi dei cookie, RiseSmart si impegna a raccogliere informazioni personali unicamente con il permesso dell’Utente.
RiseSmart è autorizzata (ed è autorizzata ugualmente a permettere a fornitori di terze parti) ad utilizzare tali cookie o tecnologie simili al fine di raccogliere informazioni in merito alle attività di navigazione dell’Utente nel tempo e attraverso diversi siti internet durate l’utilizzo del Servizio. Il nostro Servizio attualmente non risponde ai segnali “Do not Track” (DNT) ed opera come descritto nella presente Politica sulla privacy, indipendentemente dalla ricezione o meno di segnali DNT. Qualora RiseSmart dovesse decidere di farlo in futuro, verrà fornita una descrizione completa delle modalità di tale decisione nella presente Politica sulla privacy.
Condivisione di informazioni con i Clienti dell’impresa
Se l’Utente utilizza il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che potrebbero comportare l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo all’evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata che sia (qui di seguito generalmente denominati “Dati relativi all’evoluzione dell’outplacement”). Puntualmente, RiseSmart potrebbe mettere a disposizione dell’Utente alcuni strumenti volti a permettergli di modificare i Dati relativi all’evoluzione dell’outplacement, che RiseSmart è autorizzata a condividere con il cliente dell’impresa. Se l’Utente utilizza il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’evoluzione della carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che potrebbero comportare l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo all’evoluzione della ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in tutti i casi in forma aggregata (qui di seguito collettivamente denominati “Dati relativi all’evoluzione della carriera”). Puntualmente, RiseSmart potrebbe mettere a disposizione dell’Utente alcuni strumenti volti a permettergli di modificare i Dati relativi all’evoluzione della carriera, che RiseSmart è autorizzata a condividere con il cliente dell’impresa. Per qualsiasi domanda o dubbio in merito ai Dati relativi all’evoluzione dell’outplacement o ai dati relativi all’assistenza alla carriera che RiseSmart è autorizzata a condividere con il cliente dell’impresa, invitiamo i gentil Utenti a contattare user.support@risesmart.com(informazioni dettagliate di seguito).
Altri usi e condivisione delle informazioni Utente
Nei limiti del campo di applicazione del Servizio, RiseSmart è autorizzata a raccogliere, trasmettere e utilizzare i dati personali dei propri utenti al fine di garantire l’erogazione del suo Servizio, incluso senza limitazioni al fine di determinare il tipo di assistenza particolare che l’Utente desidera ottenere da parte del Servizio, e, qualora l’Utente in questione sia un cercatore di lavoro, di offrirgli suggestioni di lavoro, formazioni sulla ricerca di lavoro, assistenza alla redazione del curriculum e/o altri tipi di assistenza. RiseSmart è inoltre autorizzata ad utilizzare i Dati personali e altre informazioni (a) per identificare e autenticare l’Utente, e.g. per permettergli l’accesso all’account del Servizio e la comunicazione dell’Utente con il personale di RiseSmart, o (b) a livello interno al fine di intensificare o migliorare l’attività del Servizio di RiseSmart per l’account dell’Utente, effettuare rapporti interni sull’efficienza del Servizio al management RiseSmart, svolgere formazioni a livello interno e in generale gestire le attività di RiseSmart.
Inoltre, qualora l’Utente fornisca Dati personali o altre informazioni per ragioni specifiche, RiseSmart è autorizzata a utilizzare i dati personali o altre informazioni in rapporto con la ragione per cui tali informazioni sono state fornite. Ad esempio, qualora l’Utente contatti RiseSmart via e-mail, RiseSmart sarà autorizzata ad utilizzare i Dati personali forniti al fine di rispondere alle domande dell’Utente o a risolvere il problema de egli sollevato.
RiseSmart è inoltre autorizzata a utilizzare e a condividere i Dati personali dell’Utente e altre informazioni raccolte durante il Servizio, secondo le seguenti modalità:
RiseSmart è autorizzata a utilizzare i Dati personali e altre informazioni al fine di migliorare il Contenuto e la funzionalità del Servizio, migliorare la sua comprensione degli Utenti di RiseSmart e migliorare il Servizio.
Poiché RiseSmart sviluppa le proprie attività, è probabile che RiseSmart proceda alla vendita o all’acquisto di attività o capitali. Nell’eventualità di un’acquisizione aziendale, di una fusione, di una riorganizzazione, dissoluzione o evento simile, i Dati personali e altre informazioni potrebbero essere far parte dei beni trasferiti.
RiseSmart è autorizzata a condividere i Dati personali e altre informazioni con gli affiliati di RiseSmart, per fini coerenti con la sua Politica sulla privacy.
RiseSmart, come molte altre imprese, ingaggia puntualmente altre aziende al fine di eseguire alcune funzioni relative all’attività, incluse le statistiche. Nell’ingaggiare altre aziende al fine di eseguire funzioni specifiche per suo conto, RiseSmart è autorizzata a fornire loro i Dati personali dei suoi utenti e altre informazioni nella misura necessaria o utile al fine di eseguire tali funzioni specifiche. Questi fornitori di servizi includono aziende che ospitano i nostri server, forniscono ai nostri clienti strumenti di gestione, strumenti di comunicazione, e servizi volti a individuare e prevenire la frode.
RiseSmart è autorizzata a divulgare i Dati personali dell’Utente e altre informazioni se richiesto dalla legge o in buona fede se ritiene che tale azione sia necessaria al fine di (i) conformarsi a qualsiasi obbligo legale, (ii) proteggere e difendere i diritti o la proprietà di RiseSmart, (iii) agire in circostanze urgenti al fine di proteggere la sicurezza personale degli utenti del Servizio o del pubblico, o (iv) proteggere da eventuali responsabilità legali.
Dati personali aggregati
In un continuo sforzo per comprendere al meglio ed erogare un migliore Servizio possibile ai propri Utenti, RiseSmart conduce regolarmente ricerche sulle informazioni demografiche, gli interessi e i comportamenti dei propri Utenti, basandosi sui Dati personali o su altre informazioni da essi fornite a RiseSmart. Questa ricerca e le altre misurazioni o analisi sui comportamenti, i risultati o le recensioni dell’Utente possono essere compilati e analizzati su base aggregata, e RiseSmart è autorizzata a condividere tali dati aggregati con i suoi affiliati, agenti o partner commerciali. Queste informazioni aggregate non permettono l’identificazione personale dell’Utente a cui appartengono. RiseSmart è inoltre autorizzata a divulgare le statistiche che concernono l’Utente, al fine di descrivere i servizi di RiseSmart ai propri partner commerciai attuali o potenziali, e a terze parti per altri fini leciti.
Gestione delle informazioni
RiseSmart è autorizzata a ricevere o inserire tutte le informazioni personali dell’Utente o altre informazioni in forma digitale. RiseSmart è autorizzata a riunire tutti i Dati personali e altre informazioni che riguardano l’Utente in unico un record di database proprietario, nonché a conservarli in server ospitati negli Stati Uniti o in altri Paesi. L’Utente ha il diritto di accertarsi che i dati personali in possesso di RiseSmart siano attendibili. Con l’obiettivo di garantire tale attendibilità, RiseSmart è autorizzata a suggerire o a esigere da parte dell’Utente la revisione di un riassunto dei propri dati personali e di altre informazioni presenti sul suo account, e a confermare o a correggere eventualmente tali informazioni.
Il personale di RiseSmart è autorizzato ad accedere all’account dell’Utente, a determinare bisogni e punti di azione, e, se l’Utente è un cercatore di lavoro, a pubblicare suggestioni di lavoro da qualsiasi ufficio o luogo di lavoro o di viaggio.
RiseSmart adotta ragionevoli provvedimenti per proteggere i Dati personali e altre informazioni fornite via il Servizio da perdite, uso improprio e accesso non autorizzato, divulgazione, alterazione o distruzione. Cionondimeno, nessuna trasmissione via internet o e-mail può essere considerata sempre completamente sicura e protetta da eventuali errori. In particolare, le e-mail o altre trasmissioni inviate a o dal Servizio potrebbero non essere sicure. Pertanto, invitiamo il gentile Utente a prendere le dovute precauzioni nel decidere quali informazioni inviare a RiseSmart via e-mail o tramite qualsiasi altro mezzo di trasmissione.
Link verso altri siti web
La presente Politica sulla privacy si applica unicamente al Servizio. Il Servizio potrebbe contenere link verso altri siti web non gestiti né controllati da RiseSmart (i “Siti di terze parti”). Le politiche e le procedure qui descritte non si applicano ai Siti di terze parti. I link presenti sul Servizio non implicano che RiseSmart appoggi o abbiano verificato i Siti di terze parti. RiseSmart consiglia ai gentili Utenti di contattare direttamente questi siti per maggiori informazioni in merito alle loro politiche sulla privacy.
Informazioni pubbliche
Qualora l’Utente fornisca informazioni personali non richieste a RiseSmart attraverso il Servizio o altri mezzi, quali la pubblicazione di informazioni in zone pubbliche del Servizio, tali informazioni verranno ritenute non confidenziali. RiseSmart è libera di riprodurre, divulgare e distribuire tali informazioni non richieste a terzi senza limitazioni o attribuzioni alcune. Qualsiasi informazione pubblicata in zone pubbliche è accessibile e può essere registrata da chiunque acceda al Sito da qualunque parte del mondo.
Bambini
RiseSmart non è un servizio destinato ai bambini al di sotto dei 13 anni, e RiseSmart non è autorizzata a raccogliere informazioni su si essi.
Modifiche della presente Politica sulla privacy
Il Servizio e le attività di RiseSmart potrebbero cambiare occasionalmente. Pertanto, RiseSmart potrebbe necessitare di modificare puntualmente la presente Politica sulla privacy. RiseSmart si riserva il diritto di aggiornare o modificare la presente Politica sulla privacy in qualsiasi momento e occasionalmente senza previa notifica. Invitiamo i gentili Utenti a consultare la presente Politica regolarmente, e in particolare prima di fornire qualsiasi dato personale. La presente Politica sulla privacy è stata aggiornata per l’ultima volta alla data indicata di seguito. L’uso prolungato del Servizio dopo qualsiasi modifica o revisione della presente Politica sulla privacy verrà considerata come una tacita accettazione dei termini di tale Politica sulla privacy modificata.
Contattare RiseSmart
Al fine di garantire l’attendibilità, la completezza dei dati personali e di mantenerli aggiornati, invitiamo il gentile Utente a contattare RiseSmart come segue. RiseSmart prenderà ragionevoli provvedimenti volti ad aggiornare o correggere dati personali in nostro possesso, forniti precedentemente dall’Utente attraverso il Servizio.
Qualora sorgano domande o dubbi in merito alla presente Politica sulla privacy o ad altre questioni relative alla privacy, invitiamo l’Utente a contattare l’agente responsabile delle questioni di privacy di RiseSmart, al seguente indirizzo:
Ufficio privacy
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
E-mail: user.support@risesmart.com
Gli utenti residenti nell’area economica europea (SEE) e in Svizzera hanno il diritto di sporgere denuncia presso l’autorità di vigilanza preposta alla protezione dei dati nel proprio Paese.
Entrata in vigore in data 18 gennaio 2019
TERMINI E CONDIZIONI
TERMINI e CONDIZIONI
1. Accettazione dei Termini.
1.1 RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (come denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai presenti Termini di servizio (qui di seguito denominati “TOS”, Terms Of Service in inglese). Accettando i presenti TOS, o accedendo o utilizzando il Servizio o il Sito, l’Utente accetta di aver letto e compreso i presenti TOS, e di approvare di esserne vincolato. Qualora l’Utente non sia d’accordo con i presenti TOS, lo invitiamo a non accettarli e pertanto non potrà utilizzare il Servizio.
1.2 RiseSmart è autorizzata a modificare tali TOS quando necessario, senza alcun preavviso. I termini e condizioni modificati entrano in vigore a decorrere dal momento della loro pubblicazione e se l’Utente utilizza il Servizio dopo tale data, tale utilizzo verrà considerato come un’accettazione tacita dei termini e delle condizioni modificati. Se l’Utente non considera accettabili alcune modifiche dei TOS, l’unica soluzione è la cessazione dell’accesso e dell’utilizzo del Servizio.
2. Descrizione del servizio.
Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (inclusa la gestione dei file e i servizi analitici), le tecnologie connesse e le applicazioni (tra cui, senza limitazioni, le applicazioni e i servizi a cui è possibile accedere tramite tutte le interfacce mobili o meno, che permettono l’accesso a tali servizi e applicazioni), e (c) tutti i software (incluso il Software, come denominato di seguito) i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (collettivamente denominati “Contenuti”). Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai presenti TOS.
3. Condizioni generali/Accesso e utilizzo del Servizio.
3.1 In conformità con i termini e condizioni dei presenti TOS, l’accesso dei nostri Utenti al Servizio e il suo utilizzo sono ammessi unicamente per scopi leciti. Tutti i diritti, i titoli e gli interessi all’interno e per il Servizio e le sue componenti verranno conservati e rimarranno proprietà esclusiva di RiseSmart. Non sono autorizzati (e questo vale per l’Utente e per le terze parti) (a) la copia, la riproduzione, la modifica, la cancellazione, la distribuzione, il download, la conservazione, la trasmissione, la pubblicazione, la creazione di opere derivate, la decompilazione e l’assemblaggio inverso o qualunque tentativo, diretto o indiretto, di scoprire qualsiasi codice sorgente, la vendita, la sublicenza, la rivendita, l’affitto, la concessione, il trasferimento, l’assegnazione o la condivisione di proprietà del Servizio, nonché lo sfruttamento a scopo commerciale di questo e la messa a disposizione del Servizio a terzi; (b) l’utilizzo del Servizio per scopi non conformi con la legge (incluso, senza limitazioni, il suo utilizzo in violazione di qualsiasi legge sui dati, sulla privacy o sul controllo dell’esportazione) in qualsivoglia maniera che interferisca con o che sia in opposizione con l’integrità o con le prestazioni del servizio o dei suoi componenti, (c) la modifica, l’adattamento o il pirataggio del Servizio avente come obiettivo l’ottenimento di un accesso non autorizzato al Servizio o ai sistemi e alle reti ad esso connesse; o (d) l’utilizzo di qualsiasi Contenuto in altri siti o media (e.g., ambienti di networking). I nostri Utenti sono tenuti a confermarsi a tutti i codici di condotta e a tutte le politiche o notifiche fornite da RiseSmart in rapporto con il Servizio. Sono tenuti inoltre a notificare immediatamente a RiseSmart qualsiasi breccia relativa alla scurezza in relazione con il Servizio. Inoltre, utilizzando alcuni servizi, i nostri Utenti saranno soggetti a ulteriori termini, applicabili ai servizi che potrebbero essere pubblicati puntualmente nel Servizio, tra i quali è inclusa, senza limitazioni, la Politica sulla privacy di RiseSmart.
3.2 Qualsiasi software reso disponibile da RiseSmart in rapporto con il Servizio (“Software”) contiene informazioni di proprietà riservata e confidenziali, protette dalle leggi applicabili sulla proprietà intellettuale e da altre leggi. Nel rispetto dei termini de condizioni di questi TOS, RiseSmart garantisce con la Presente diritto e licenza personali, non trasferibili, non concedibili in sublicenza e non esclusivi, di utilizzare il codice oggetto di qualsiasi Software in un singolo dispositivo, unicamente se in rapporto con il Servizio. I nostri Utenti accettano di non accedere al Servizio con qualsivoglia mezzo che non sia l’interfaccia fornita da RiseSmart per un utilizzo finalizzato all’accesso al Servizio. Tutti i diritti non espressamente garantiti nel presente documento sono riservati e non sono garantiti ai nostri Utenti nessun diritto e nessuna licenza di utilizzare marchi di proprietà di RiseSmart o qualsiasi terza parte in relazione con il Servizio.
3.3 Ogni Utente è l’unico responsabile di tutti i dati, le informazioni, i riscontri, le suggestioni, i testi, i contenuti e altri materiali da esso scaricati, pubblicati, forniti, consegnati o trasmessi in qualsivoglia maniera o conservati (qui di seguito “trasmessi” /“trasmissione”) in relazione o in rapporto con il Servizio (“Il Contenuto Utente”). Ogni Utente si porta con la Presente rappresentante e garante del fatto che il proprio Contenuto da esso trasmesso nel rispetto del Servizio (a) sia attendibile, corretto, legale, decente, onesto e completo (incluso, senza limitazioni, per quanto riguarda il suo curriculum, i suoi dati anagrafici e le sue informazioni occupazionali, se l’Utente utilizza il Servizio come cercatore di lavoro o cercatore di un’evoluzione della carriera), e (b) sia esente da errori, worm o virus. L’Utente approva che RiseSmart possa procedere a rimozione del suo Contenuto dal Servizio qualora ritenga che l’Utente agisce in violazione di quanto detto in precedenza o di altri termini dei presenti TOS. L’Utente ha la responsabilità di mantenere la confidenzialità dei propri login, password e account, nonché di tutte le attività effettuate all’interno del suo login o account. RiseSmart si riserva il diritto di accedere all’account dell’Utente al fine di rispondere alle sue richieste di assistenza tecnica. Trasmettendo il proprio Contenuto nel o tramite il Servizio, l’Utente è tenuto a garantire e garantisce di fatto con la Presente a RiseSmart la licenza non esclusiva, perenne, irrevocabile, senza royalty, interamente pagata, concedibile in sublicenza e trasferibile, di utilizzare, modificare, riprodurre, distribuire, visualizzare, pubblicare ed eseguire il suo Contenuto in relazione con il Servizio. RiseSmart ha il diritto, ma non l’obbligo, di vagliare o monitorare il Servizio, il Contenuto o il Contenuto Utente. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto), o per ragioni non precisate.
3.4 L’Utente prende conoscenza del fatto che la gestione del Servizio, incluso del suo Contenuto, potrebbe essere non cifrato e che comprende (a) la trasmissione attraverso diverse reti, (b) cambiamenti volti a conformare o adattare le prescrizioni tecniche di connessione di reti o dispositivi, (c) la trasmissione a venditori esterni di RiseSmart e l’hosting di partner per fornire gli hardware, i software, il networking, la conservazione e le relative tecnologie necessarie per l’esecuzione e il mantenimento del Servizio, e (d) la trasmissione ad altri terzi in relazione con l’erogazione del Servizio all’Utente. Analogamente, l’Utente riconosce di avere la responsabilità esclusiva delle misure di sicurezza, di protezione e di backup del suo Contenuto. RiseSmart non sarà ritenuto in alcun caso responsabile per qualsiasi accesso o utilizzo non autorizzato di Contenuti di sua proprietà, o per qualsiasi danneggiamento, cancellazione, distruzione o perdita di Contenuti di sua proprietà.
3.5 Qualora l’Utente sia un richiedente di lavoro o di evoluzione della carriera, egli è tenuto ad accettare di agire in coscienza, facendo prova di prudenza e buon senso nel gestire le opportunità di lavoro e altre informazioni offerte da o ottenute tramite il Servizio, nonché ad assumersi il rischio di qualsivoglia affidamento o utilizzo di tutti i Contenuti (il che include qualsiasi suggestione di lavoro o consiglio relativo alla carriera o raccomandazione) fornito tramite il Servizio.
3.6 L’incapacità da parte di RiseSmart di esercitare o applicare qualsiasi diritto o erogazione dei presenti TOS non costituisce deroga a questo diritto. L’Utente prende conoscenza del fatto che i presenti TOS hanno valore di contratto tra esso e RiseSmart, quantunque questi siano stati firmati per via elettronica e non fisica da parte dell’Utente e di RiseSmart, e che questi disciplinano l’utilizzo del Servizio da parte dell’Utente, sostituendosi a qualsivoglia accordo simile finalizzato in precedenza tra l’Utente e RiseSmart.
3.7 L’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi e/o gli ex dipendentidel cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) qui di seguito collettivamente denominati “Impegni verso il Cliente dell’Impresa). Qualora l’Utente utilizzi il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata. Qualora l’Utente utilizzi il Servizio conformemente agli Impegni verso il Cliente dell’Impresa per Assistenza all’Evoluzione della Carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro o in evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in forma aggregata per ogni singolo caso. Invitiamo i gentili Utenti a consultare la Politica sulla privacy di RiseSmart per ulteriori informazioni in merito alla raccolta, all’utilizzo e alla condivisione delle informazioni fornite dagli Utenti stessi o dai clienti dell’impresa, da parte di RiseSmart, in relazione con gli Impegni verso il Cliente dell’Impresa.
3.8 Qualora l’Utente utilizzi il Servizio conformemente a uno degli Impegni verso il Cliente dell’Impresa, costui è tenuto ad accettare che il Servizio ad esso erogato non ecceda i limiti del campo di applicazione, della durata o di altre restrizioni dell’Impegno verso i Clienti dell’Impresa, il cui rispetto costituisce condizione sine qua non dell’accesso al Servizio.
3.9 L’Utente accetta che RiseSmart (a) stabilisca una serie di pratiche e di limiti attinenti all’utilizzo del Servizio, incluso senza limitazioni il lasso di tempo massimo durante il quale il Contenuto o qualsiasi contenuto dell’Utente verrà conservato dal Servizio e i limiti di spazio di conservazione che verranno concessi a suo nome, (b) RiseSmart non si assuma nessuna responsabilità o assoggettamento per la soppressione o l’impossibilità di conservare qualsiasi Contenuto o qualsiasi contenuto dell’Utente conservato o caricato nel Servizio, e (c) abbia il diritto di conservare del Contenuto o qualsiasi Contenuto dell’Utente nonché di divulgare del Contenuto o il Contenuto dell’Utente qualora questo dovesse esser prescritto per legge o qualora lo ritenga in buona fede necessario al fine di: (i) conformarsi con qualsiasi processo di natura legale, o con le leggi o le normative applicabili che lo impongono; (ii) applicare le presenti TOS; (iii) rispondere ad eventuali reclami relativi alla presunta violazione dei diritti di terzi da parte di un Contenuto o di qualsiasi Contenuto dell’Utente; o (iv) proteggere i diritti, la proprietà o l’incolumità personale di RiseSmart, dei suoi Utenti e del pubblico. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto o di qualsiasi Contenuto imputabile all’Utente, in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto o del Contenuto dell’Utente), o per ragioni non precisate.
4. Pagamento.
Nella misura in cui il Servizio o qualsiasi parte dello stesso è disponibile a pagamento (e qualora non sia pagato da un’impresa cliente di RiseSmart), l’Utente è tenuto a selezionare un piano di pagamento e a fornire a RiseSmart le informazioni relative alla sua carta di credito o di un’altra modalità di pagamento. L’Utente garantisce a RiseSmart che le informazioni fornite sono veritiere che si è autorizzati ad utilizzare lo strumento di pagamento indicato. L’Utente procederà quanto prima all’inserimento delle proprie informazioni bancarie includendo le eventuali modifiche (ad esempio, una modifica dell’indirizzo di fatturazione o della data di scadenza della propria carta di credito). L’Utente accetta di pagare a RiseSmart l’importo specificato nel piano di pagamento in conformità con i termini di tale piano e dei presenti TOS. Con la Presente l’Utente autorizza RiseSmart a procedere all’addebito sul metodo di pagamento indicato in anticipo a scadenza regolare, conformemente ai termini del piano di pagamento applicabile, fino alla chiusura dell’account dell’Utente in questione, il quale accetta inoltre di pagare eventuali costi aggiuntivi se necessario. Qualora l’Utente desideri fare opposizione ad eventuali costi aggiuntivi, egli è tenuto ad avvisare RiseSmart entro sessanta (60) giorni a decorrere dalla data della fattura emessa da RiseSmart. RiseSmart si riserva il diritto di modificare i prezzi dei servizi erogati in qualsiasi momento. Qualora RiseSmart dovesse procedere a modifica delle tariffe relative ai servizi erogati, RiseSmart ne avvertirà gli Utenti tramite notifica sul Sito o via e-mail individuale, nelle opzioni di RiseSmart, con minimo 30 giorni di anticipo rispetto alla data di entrata in vigore della modifica. Il proseguimento dell’utilizzo del Servizio dopo l’entrata in vigore della modifica del prezzo è considerato come tacita accettazione del pagamento dell’importo modificato. Qualora l’Utente utilizzi il Servizio conformemente a un Impegno verso il Cliente dell’Impresa, tale cliente dell’impresa verrà addebitato per il package del Servizio specifico che ha autorizzato RiseSmart ad erogare all’Utente in questione.
5. Dichiarazioni e garanzie.
Nell’ambito dell’utilizzo dell’Utente, questi accetta di NON: violare qualsivoglia regolamento locale, statale e federale, regolamento e statuto di qualsivoglia giurisdizione, tra cui, a titolo non esaustivo, leggi e regolamenti americani relativi alle esportazioni e alle leggi relative alle pari opportunità in materia di lavoro; violare qualsivoglia diritto relativo alla proprietà individuale e alla privacy, incluso, ma non limitato a brevetti, copyright, marchio di fabbrica o segreti industriali, di terze parti; caricare, pubblicare, trasmettere o conservare qualsivoglia materiale contrario alla legge, di natura offensiva, diffamatoria, fraudolenta, ingannevole, fallace, dannosa, minacciosa, molesta, oscena o riprovevole; che costituisca violazione di qualsivoglia obbligo contrattuale o di natura confidenziale; che pregiudichi o interferisca con le operazioni normali del Servizio, come la pubblicazione o la trasmissione di virus, worm, script, macro o codici di natura dannosa di qualsiasi tipo, la pubblicazione continua di contenuti ripetitivi o la pubblicazione di quantità anormali di dati; o che non siano consentiti da RiseSmart, tra cui, a titolo non esaustivo, qualsiasi materiale di natura pubblicitaria, materiale promozionale indesiderato, “junk mail”, “spam mail”, “chain letter”, schemi piramidali, franchise, distributori, affiliazioni a club, accordi commerciali, o qualsivoglia materiale non accettabile; violare altri diritti relativi alla privacy o alla persona, mandando e-mail indesiderate e raccogliendo informazioni personali di terzi; infrangere o tentare di infrangere qualsiasi misura di sicurezza relativa al Servizio; utilizzare qualsiasi dispositivo, processo o meccanismo al fine di monitorare, recuperare, cercare o accedere al Servizio, e.g. spider o robot, senza previo consenso; accedere o tentare di accedere a qualsiasi account o login di terzi registrati al Servizio; o pubblicare o inoltrare qualsiasi informazione falsa, inattendibile o incompleta, come il proprio curriculum, le proprie informazioni anagrafiche o occupazionali; usurpare l’identità di un’altra persona o di un’altra entità; falsificare qualsiasi intestazione di posta elettronica o mail; o falsificare la propria identità, la propria affiliazione con qualsiasi terza parte, o la propria entità.
6. Cessazione.
L’Utente ha il diritto di chiudere il proprio account in qualsiasi momento in conformità con le procedure stabilite sul Sito o fornite separatamente, ove applicabile. Qualora l’Utente utilizzi il Servizio in conformità con un Impegno verso il Cliente dell’Impresa, costui è tenuto ad accettare che l’accesso a tale Servizio arrivi a scadenza al momento della cessazione di tale Impegno verso un Cliente dell’Impresa. RiseSmart si riserva il diritto di (i) modificare o interrompere, in via temporaria o definitiva, il Servizio (o parte dello stesso) e di (ii) rifiutare l’utilizzo corrente o futuro, parziale o completo, del Servizio, di sospendere o chiudere l’account (o parte dello stesso) di un Utente e rimuovere e eliminare qualsiasi Contenuto dell’Utente in questione all’interno del Servizio, per qualsivoglia ragione, incluso qualora RiseSmart ritenga che tale Utente abbia violato i presenti TOS. RiseSmart non potrà essere considerata in alcun modo responsabile nei confronti dei suoi Utenti per qualsiasi modifica, sospensione o interruzione del Servizio. RiseSmart si impegna a sforzarsi in buona fede a contattare ogni Utente per avvisarlo prima di procedere a sospensione o chiusura del suo account da parte di RiseSmart. Tutti i Contenuti del Servizio (se del caso) potranno essere cancellati definitivamente da parte di RiseSmart al momento della chiusura dell’account di un Utente, a sua esclusiva discrezione. Qualora RiseSmart dovesse procedere a chiusura di un account senza precisarne le ragioni, e qualora l’Utente abbia sottoscritto a un servizio a pagamento, se applicabile (esclusivamente in caso di Impegno verso il Cliente dell’Impresa) RiseSmart provvederà al rimborso proporzionale della quota non acquisita di qualsiasi importo prepagato a RiseSmart per tale servizio. Ciononostante, tutti i diritti di pagamento maturati e i termini della Sezione 4-12 vanno applicati indipendentemente dalla cessazione dei presenti TOS.
7. ESONERI.
IL SERVIZIO, INCLUSI IL SITO, IL CONTENUTO (INCLUSO, SENZA LIMITAZIONI, PROPOSTE DI LAVORO E DI EVOLUZIONE DELLA CARRIERA, LE RACCOMANDAZIONI E LE STATISTICHE) E TUTTI I COMPONENTI DEI SERVER E DELLA RETE SONO FORNITI SULLA BASE DELLE DISPONIBILITÀ E DELLE POSSIBILITÀ, SENZA GARANZIE DI NESSUN TIPO, E RISESMART SI DICHIARA ESENTE DALLA RESPONSABILITÀ DI FORNIRE GARANZIE IN MERITO, SIANO ESSE ESPLICITE O IMPLICITE, TRA CUI, A TITOLO NON ESCLUSIVO, LE GARANZIE IMPLICITE DI COMMERCIABILITÀ, TITOLI O IDONEITÀ PER FINALITÀ SPECIFICHE, E LA NON-VIOLAZIONE. L’UTENTE ACCETTA LA DECISIONE DI RISESMART DI NON GARANTIRE CHE IL SERVIZIO NON SIA SOGGETTO A INTERRUZIONI, O CHE NON SIA SUFFICIENTEMENTE RAPIDO, SICURO, INDENNE DA ERRORI O VIRUS E CHE NESSUNA INFORMAZIONE, NOTIFICA O SERVIZIO OTTENUTI DALL’UTENTE DA PARTE DI RISESMART O TRAMITE IL SERVIZIO SIA ALL’ORIGINE DI GARANZIE NON ESPRESSAMENTE ENUNCIATE NEI PRESENTI TOS. SENZA PERTANTO LIMITARE IL CARATTERE GENERALE DI QUANTO PRECEDE, QUALORA L’UTENTE SIA UN RICHIEDENTE DI LAVORO O DI UN’EVOLUZIONE DELLA CARRIERA, (A) L’UTENTE IN QUESTIONE PRENDE ATTO E ACCETTA CHE EVENTUALI PROPOSTE DI LAVORO PUBBLICATE DA RISESMART SUL SUO ACCOUNT POSSANO ESSERE RICEVUTE ANCHE DA ALTRE PARTI, SENZA ALCUN TIPO DI ESAME SPECIFICO E CHE (B) RISESMART NON AUTORIZZA O GARANTISCE LA LEGITTIMITÀ O LA CORRETTEZZA DELLE OFFERTE DI LAVORO O DELLE INFORMAZIONI, NÉ GARANTISCE L’OTTENIMENTO REALE DI UN POSTO DI LAVORO, DI UN’EVOLUZIONE DELLA CARRIERA GRAZIE AL SERVIZIO O CHE I POSTI DI LAVORO O EVOLUZIONI DELLA CARRIERA OTTENUTI TRAMITE IL SERVIZIO SIANO ADATTI ALLE NECESSITA DELL’UTENTE O CORRISPONDANO ALLE SUE ASPETTATIVE. RiseSmart non può essere ritenuta responsabile in nessun caso e in qualsivoglia maniera per qualsiasi contenuto o materiale di terzi (inclusi gli utenti), tra cui, a titolo non esclusivo, per qualsiasi errore o omissione presenti nei contenuti, né per perdite o danneggiamenti di qualsiasi natura relativi all’utilizzo di tali contenuti. L’Utente riconosce che RiseSmart non preseleziona i contenuti. Nondimeno, RiseSmart e relativi designati hanno il diritto (ma non l’obbligo), a loro esclusiva discrezione, di rifiutare o rimuovere qualsiasi contenuto disponibile via il Servizio. L’Utente accetta di valutare e assumersi tutti i rischi associati all’uso di qualsiasi contenuto, incluso quelli relativi all’affidabilità relativa all’esattezza, all’esaustività o all’utilità di tale contenuto.
8. LIMITAZIONI DI RESPONSABILITÀ.
8.1. IN NESSUN CASO E SECONDO NESSUNA TEORIA LEGALE (IN CASO DI CONTRATTO, DI TORTO O ALTRO) RISESMART POTRÀ ESSERE TENUTA RESPONSABILE NEI CONFRONTI DEI PROPRI UTENTI PER (A) EVENTUALI DANNI INDIRETTI, ACCIDENTALI, SPECIALI, ESEMPLARI, CONSEQUENZIALI O PUNITIVI, INCLUSI GUADAGNI PERSI, VENDITE O AFFARI MANCATI, PERDITA DI DATI O INTERRUZIONE DI AFFARI, O (B) PER EVENTUALI DANNI, COSTI, PERDITE O PASSIVITÀ IN ECCESSO RISPETTO ALLE TARIFFE PAGATE DALL’UTENTE DURANTE I SEI (6) MESI CHE PRECEDONO GLI EVENTI CHE HANNO DATO LUOGO AL RECLAMO EFFETTUATO DA UN UTENTE, O, IN CASO DI MANCATO PAGAMENTO DELL’IMPORTO DOVUTO, AL PAGAMENTO DI CENTO ($100) DOLLARI AMERICANI. LE DISPOSIZIONI DI CUI ALLA PRESENTE SEZIONE DEFINISCONO I RISCHI STABILITI DAI PRESENTI TOS TRA LE PARTI, E LE PARTI IN QUESTIONE HANNO ACCETTATO DI SOTTOMETTERSI A TALI LIMITAZIONI NELL’ACCETTARE DI SOTTOSCRIVERE AI PRESENTI TOS.
8.2 Alcuni Stati non consentono l’applicazione degli esoneri, l’esenzione dalle garanzie implicite o la limitazione delle responsabilità in caso di danni consequenziali o accidentali, il che implica la possibilità che alcune delle limitazioni enumerate nella Sezione 7 (Esoneri) e 8 (Limitazione delle responsabilità) risultino non applicabili o vincolanti per l’Utente. IN QUESTI STATI, LA RESPONSABILITÀ DI RISESMART SARÀ LIMITATA NELLA MASSIMA MISURA PERMESSA DALLA LEGGE IN VIGORE. SE L’UTENTE È UN RESIDENTE DEL NEW JERSEY, LE DISPOSIZIONI ENUMERATE NELLE SEZIONI 7 (ESONERI) E 8 (LIMITAZIONI DELLE RESPONSABILITÀ) SONO APPLICABILI NEI LIMITI DELLE LEGGI DEL NEW JERSEY. SE UNA QUALSIASI DELLE PARTI CHE COMPONGONO TALI SEZIONI NON RISULTA VALIDA SECONDO LA LEGGE DEL NEW JERSEY, IL CARATTERE NON VALIDO DI TALI PARTI NON PREGIUDICA LA VALIDITÀ DELLE PARTI RIMANENTI DELLA SEZIONE APPLICABILE.
9. Indennizzo.
L’Utente è tenuto a difendere, rimborsare e indennizzare RiseSmart da e contro eventuali rivendicazioni, azioni o richieste, incluso, e senza limitazioni, spese contabili e legali, causate o risultanti da qualunque violazione da parte sua dei presenti TOS, qualsiasi Contenuto di cui è responsabile o qualsiasi altro accesso, contribuzione all’uso e l’uso improprio del Servizio. RiseSmart provvederà a notificare ogni Utente di tali reclami, cause o richieste. RiseSmart si riserva il diritto di assumersi la difesa e il controllo esclusivi di qualsiasi problema soggetto a indennizzo relativo alla presente sezione. Qualora si dovesse verificare tale situazione, l’Utente accetta di cooperare rispondendo a qualsiasi ragionevole richiesta, e di portare il proprio sostegno alla difesa di RiseSmart in merito a tale problema. A prescindere da quanto detto, l’Utente non è nell’obbligo di indennizzare, difendere o manlevare RiseSmart da o contro eventuali reclami, azioni o richieste nella misura risultante da tutte le azioni o inazioni di RiseSmart.
10. Attribuzione.
L’Utente non è autorizzato ad attribuire i presenti TOS senza previo consenso di RiseSmart. Cionondimeno, RiseSmart può attribuire o trasferire i presenti TOS, interamente o parzialmente, senza restrizione alcuna.
11. Diritto applicabile.
I presenti TOS sono regolati dalle leggi dello Stato della California, a prescindere dai conflitti di legge. Salvo disposizioni contrarie impartite da RiseSmart per casi particolari, l’Utente acconsente espressamente a sottomettersi alla giurisdizione personale esclusiva dei tribunali federali e statali dello Stato della California per la risoluzione di qualsiasi controversia relativa all’accesso o all’utilizzo del Servizio.
12. DMCA.
Il Digital Millennium Copyright Act del 1998 (il “DMCA”, legge americana sulla proprietà intellettuale) prevede la possibilità di fare ricorso per chiunque consideri che del materiale presente su internet infranga i propri diritti, protetti dalla legge americana sul copyright (proprietà intellettuale). RiseSmart si impegna a prendere in considerazione e a indagare su eventuali notifiche di presunta violazione della legge in questione e ad intraprendere le azioni necessarie, conformemente alla legge DMCA e a tutte le leggi applicabili in merito alla proprietà intellettuale nei confronti di qualsiasi presunta o effettiva violazione di queste. Le notifiche di pretesa violazione della proprietà intellettuale vanno inviate all’operatore addetto alle questioni di copyright di RiseSmart, all’indirizzo user.support@risesmart.com(con oggetto: “DMCA Takedown Request”, ovvero “Denuncia per violazione della legge DMCA”). L’Utente può inoltre contattare RiseSmart via e-mail all’indirizzo:
Attenzione: Operatore addetto alle questioni di copyright
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notifica: Al fine di garantire l’efficacia della notifica, questa va stilata per iscritto e deve contenere le seguenti informazioni:
una firma a mano o elettronica della persona autorizzata ad agire per conto del detentore del copyright o di altri interessi di proprietà intellettuale;
una descrizione del materiale soggetto a copyright o ad altre clausole di proprietà intellettuale che l’Utente ritiene siano stati violati;
una descrizione dell’ubicazione nel sito del materiale che l’Utente considera imputabile di violazione, contenente tutti i dettagli necessari per permettere a RiseSmart di individuarlo nel Sito;
l’indirizzo, il numero di telefono e l’e-mail dell’Utente che inoltra la richiesta;
una dichiarazione scritta dall’Utente, il quale deve esplicitare, in buona fede, che l’azione in causa non è autorizzata dal proprietario del copyright o della proprietà intellettuale, dal suo agente o dalla legge;
una dichiarazione sull’onore effettuata dall’Utente, pena l’accusa di falsa testimonianza, in cui deve confermare che le informazioni precedentemente trasmesse nella notifica sono esatte, e che è il detentore della proprietà intellettuale, o la persona autorizzata ad agire per conto del detentore della proprietà intellettuale o del copyright di cui è questione.
13. 1. Applicazioni del software compatibili con Apple.
RiseSmart offre una serie di applicazioni volte a operare in connessione con prodotti commercializzati da Apple Inc. (“Apple”), oltre ad altre piattaforme. Per quanto concerne il Software commercializzato per l’utilizzo in connessione con prodotti del marchio Apple (come i Software “Software compatibili Apple”), oltre agli altri termini e condizioni stabiliti per i presenti TOS, si applicano anche i seguenti termini e condizioni:
RiseSmart e i suoi Utenti riconoscono che le presenti TOS sono oggetto di contratto unicamente tra RiseSmart e ogni Utente, e non con Apple, e che tra RiseSmart e Apple, RiseSmart, e non Apple, è l’unica responsabile per il Software compatibile con Apple, e per il contenuto dello stesso.
È vietato utilizzare il Software compatibile con Apple in qualsivoglia maniera che costituisca violazione delle disposizioni di utilizzo per il Software compatibile con Apple enunciate nei Termini di Servizio dell’App Store, o che sia non conforme o in conflitto con queste.
L’autorizzazione di utilizzare il Software compatibile con Apple è limitata a una licenza non trasferibile di utilizzo del Software compatibile con Apple per un dispositivo iOS di proprietà o di controllo dell’Utente, come stabilito dai Termini di Servizio dell’App Store.
Apple non ha in alcun caso l’obbligo di fornire servizi di assistenza o manutenzione per quanto concerne il Software compatibile con Apple.
Apple non è responsabile per le garanzie prodotto, esplicite o implicite che siano. Qualora il Software compatibile con Apple dovesse riscontrare problemi di conformità con la garanzia applicabile, l’Utente è invitato a notificare Apple, e Apple provvederà a rimborsare il prezzo di acquisto, se del caso, del Software compatibile con Apple all’Utente interessato; inoltre, nella massima misura di quanto previsto dalla legge applicabile, Apple non ha obblighi di garanzia di nessun tipo nei confronti del Software compatibile con Apple, o in caso di reclami, perdite, responsabilità, danni, costi o spese imputabili all’impossibilità di conformarsi a qualsiasi garanzia, la cui responsabilità sarà attribuibile unicamente a RiseSmart, salvo esoneri previsti dalla legge applicabile.
RiseSmart e l’Utente riconoscono che RiseSmart, e non Apple, è l’unica responsabile per eventuali reclami effettuati dall’Utente o da terzi, concernenti un Software compatibile con Apple di proprietà di un Utente e/o dell’utilizzo di tale Software compatibile con Apple, tra cui, a titolo non esaustivo: (i) reclami relativi alla responsabilità per il prodotto; (ii) qualsiasi reclamo relativo all’impossibilità del Software compatibile con Apple di conformarsi a prescrizioni legali o regolamentari ; e (iii) reclami in rapporto con la protezione del consumatore o con simili normative.
Qualora una terza parte venga a rivendicare una violazione dei propri diritti di proprietà intellettuale imputabili al Software compatibile con Apple o al possesso e all’utilizzo dei questo da parte dell’utilizzatore finale, nel contenzioso che implica RiseSmart e Apple, RiseSmart, e non Apple sarà da considerarsi come responsabile per l’indagine, la difesa, la risoluzione e l’appuramento di tale rivendicazione di violazione della proprietà intellettuale.
L’utente dichiara e garantisce che non si risiede in Paesi soggetti a embargo da parte del Governo degli Stati Uniti, o designati dal Governo degli Stati Uniti come un Paese che “sostiene il terrorismo”; e (iii) che non fa parte di nessuna lista dei soggetti sottomessi a restrizioni o divieti del Governo statunitense.
Per qualsiasi domanda, lamentela o reclamo in merito al Software compatibile con Apple, invitiamo i nostri Utenti a rivolgersi a RiseSmart al seguente indirizzo:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart e l’Utente riconoscono e accettano che Apple e delle società affiliate di Apple sono terze parti beneficiarie di questi TOS per quanto concerne il Software compatibile con Apple, e che, in virtù dell’accettazione dei termini e condizioni contenuti nel presente TOS, Apple è in diritto (e verrà considerato che ha accettato tale diritto) di sottomettere l’Utente all’applicazione dei seguenti TOS per quanto concerne il Software compatibile con Apple in quanto terza parte beneficiaria degli stessi.
- Per maggiori informazioni, consultare: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Link verso altri siti.
Il Servizio potrebbe contenere link verso siti internet di proprietà di terze parti. Tali link sono forniti all’Utente esclusivamente per motivi di praticità, e non costituiscono adesione di RiseSmart ai contenuti di tali siti internet appartenenti a terze parti. RiseSmart non è responsabile per i contenuti dei siti correlati appartenenti a terze parti e non prende posizione in merito ai contenuti o all’esattezza dei materiali contenuti in tali siti appartenenti a terze parti. Qualora l’Utente desideri accedere ai siti correlati appartenenti a terze parti, lo fa a suo rischio e pericolo.
15. Dispositivi mobili.
Se l’Utente utilizza il Servizio a partire da dispositivi mobili, egli è tenuto ad accettare che le informazioni riguardanti l’utilizzo che fa del Servizio tramite dispositivo e supporto mobile vengano comunicate a RiseSmart, tra cui e a titolo non esaustivo il supporto mobile, il dispositivo mobile o la posizione fisica dell’Utente. Inoltre, l’utilizzo del Servizio via dispositivo mobile potrebbe comportare la visualizzazione dei dati nel o tramite il dispositivo mobile dell’Utente. Accendendo al Servizio tramite dispositivo mobile, l’Utente è cosciente che, nella misura in cui importa informazioni di RiseSmart che lo concernono sul proprio dispositivo mobile, è libero di condividere tali informazioni con il proprio supporto mobile e con altri fornitori di accesso. Qualora l’Utente sostituisca o disattivi il proprio dispositivo o account mobile, egli è tenuto ad accertarsi che il proprio account (e tutti i messaggi ad esso correlati (ove applicabile)), non siano accessibili per altre parti (o trasmessi ad altre parti) e il mancato rispetto di questa raccomandazione è sua esclusiva responsabilità. L’Utente riconosce di essere responsabile per eventuali spese e permessi necessari relativi all’accesso al Servizio tramite il proprio dispositivo mobile e fornitore di accesso. Pertanto, invitiamo i gentili Utenti a contattare il proprio fornitore per venire a conoscenza dei termini specifici relativi a questi servizi per i loro dispositivi mobili. Utilizzando qualsiasi applicazione disponibile per il download utile ad abilitare l’utilizzo del Servizio, l’Utente conferma implicitamente l’accettazione dei termini dell’End User Agreement (Accordo relativo alla licenza con l’utente finale) associato all’applicazione ottenuta al momento del download o dell’installazione, o di qualsiasi eventuale aggiornamento puntuale.
Entrata in vigore in data 18 gennaio 2019
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Effective January 17th 2020 to January 17th 2020
DownloadTable of Contents
POLITICA SULLA PRIVACY DI RISESMART
RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (così denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai relativi Termini di servizio (ubicati all’indirizzo http://www.RiseSmart.com/terms-conditions) (i “TOS”) e alla presente Politica sulla privacy. Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (tra cui la gestione dei file e i servizi analitici), le tecnologie connesse e (c) tutti i software i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (qui di seguito generalmente denominati “Contenuti”).
RiseSmart effettua il controllo dati per tutte le informazioni raccolte e trattate tramite il Servizio. Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai TOS e alla presente Politica sulla privacy. La presente Politica sulla privacy stabilisce la politica di RiseSmart concernente il rispetto delle informazioni personali identificabili (“Dati personali”) e altre informazioni raccolte, trasmesse o comunque utilizzate in rapporto con il Servizio. I dati anonimi, che potrebbero essere raccolti durante l’utilizzo del Servizio da parte dell’Utente, non sono inclusi nella categoria “Dati personali.”
Il consenso dell’Utente
Fornendo volontariamente e RiseSmart dati personali o comunque usufruendo del Servizio, l’Utente riconosce e acconsente che RiseSmart raccolga, trasmetta e utilizzi i suoi Dati personali e altre informazioni come descritto qui di seguito in questa Politica sulla privacy e in tutte le altre segnalazioni fornite puntualmente da RiseSmart in relazione con in Servizio. L’Utente ha la facoltà di revocare tale autorizzazione e di esigere che l’informazione de esso fornita a RiseSmart venga eliminata.
Dati personali ricevuti dal cliente
Qualora l’Utente desideri usufruire del Servizio, RiseSmart gli richiederà di fornire direttamente a RiseSmart i propri Dati personali. RiseSmart riceverà da ogni Utente:
nome, professione attuale o recente, nome dell’azienda, numero di telefono, indirizzo, indirizzo e-mail e altre informazioni identificative o di contatto;
la cronologia del percorso professionale, educativo e formativo dell’Utente, altre qualifiche, obiettivi di impiego, aspettative di retribuzione, interessi e altre informazioni anagrafiche e relative alla carriera;
le informazioni relative alla progressione dei milestone e all’avanzamento della carriera e delle ricerche di impiego; e
informazioni relative al livello di soddisfazione cliente dell’Utente, o ad altri riscontri relativi all’evoluzione della carriera, alla ricerca di un impiego e al Servizio.
Inoltre, quando l’Utente interagisce con RiseSmart tramite il Servizio, RiseSmart è autorizzata a raccogliere Dati personali e informazioni che lo riguardano, quando queste sono fornite volontariamente da parte dell’Utente, come nel caso in cui egli contatti RiseSmart per qualsiasi richiesta o compili uno dei sondaggi di RiseSmart.
Ad ogni Utente verrà richiesto di fornire Dati personali tramite svariati canali in relazione con il Servizio, incluso tramite attivazione del suo account per il Servizio, via registrazione online o su carta stampata, come il suo curriculum, la sua checklist e i questionari completati per RiseSmart, le formazioni, le sessioni di counseling, le discussioni, gli scambi via e-mail e altri canali. Il Servizio è autorizzato inoltre a raccogliere l’indirizzo IP (Internet Protocol) dell’Utente.
Per l’account personale che ogni Utente può creare sul Servizio, RiseSmart è autorizzata a chiedere di impostare un unico nome utente, un’unica password e domanda di sicurezza, nonché a utilizzare queste informazioni di accesso al fine di accedere al suo account. L’Utente accetta di proteggere la segretezza del nome utente, della password e della domanda di sicurezza, e qualora l’Utente non possa più garantire tale segretezza, egli verrà tenuto come unico responsabile per qualsiasi utilizzo che ne risulti, e per qualsiasi furto, alterazione, uso improprio, divulgazione o altri danni in rapporto con i suoi Dati personali e altre informazioni.
L’Utente è autorizzato a esigere l’accesso ai dati forniti a RiseSmart. La richiesta di accesso va inviata al seguente indirizzo: user.support@risesmart.com. RiseSmart si impegna a rispondere a tale richiesta di accesso entro 30 giorni.
Dati personali ricevuti da un cliente dell’impresa
L’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi o gli ex dipendenti del cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) successivamente indicati come “Impegni verso il Cliente dell’Impresa) . RiseSmart, in adeguamento con gli Impegni verso il Cliente dell’impresa, riceve dal cliente dell’impresa una lista di persone ammissibili al Servizio. Se ammissibile, la lista cliente dell’impresa deve includere il nome dell’Utente, la sua professione attuale o recente, l’indirizzo postale, il numero di telefono, l’indirizzo e-mail, l’unità o il dipartimento aziendale, e altri Dati personali.
RiseSmart elabora come descritto le informazioni relative ad ogni Utente per il suo legittimo interesse, fornendogli un servizio resogli accessibile dal suo datore di lavoro o ex datore di lavoro. RiseSmart utilizza i Dati personali ricevuti dai clienti di un’impresa al fine di contattare i partecipanti ammissibili.
Trasferimenti internazionali dei Dati personali
Se l’Utente o il cliente di un’impresa fornisce Dati personali in relazione con il Servizio, l’Utente riconosce e accetta che tali Dati personali possano essere trasferiti dalla posizione del cliente dell’Utente o dell’impresa verso le sedi e i server di RiseSmart e verso terze parti autorizzate qui citate, sul territorio degli Stati Uniti o di altri Paesi.
Informazioni complementari e Uso dei cookie
Quando un utente interagisce con RiseSmart tramite il Servizio, RiseSmart riceve e conserva alcune informazioni personalmente non identificabili. Tali informazioni, raccolte passivamente a mezzo di svariate tecnologie, non possono essere utilizzate per identificare personalmente l’Utente. Inoltre, il Servizio è autorizzato a raccogliere altre informazioni personalmente non identificabili, a fini funzionali per il Servizio (e.g. la raccolta di risposte ai questionari che non contengono informazioni personalmente identificabili). RiseSmart è autorizzata a conservare tali informazioni o queste informazioni potrebbero essere inserite in un database di proprietà e gestione di RiseSmart o di fornitori d’accesso. Il Servizio è autorizzato a utilizzare tali informazioni e riunirle insieme ad altre informazioni al fine di individuare, ad esempio, il numero totale di visitatori del Sito o del Servizio, il numero di visitatori per ogni pagina del Sito o del Servizio e i nomi di dominio dei fornitori d’accesso internet dei visitatori di RiseSmart. È importante notare che nessun Dato personale è disponibile o utilizzato in questo processo, salvo qualora l’Utente o il cliente di un’impresa lo fornisca volontariamente, come sopra esposto.
A scopi funzionali per il Servizio, RiseSmart potrebbe fare ricorso a una tecnologia chiamata “cookie.” Un cookie consiste in un’informazione che il computer che ospita il Servizio trasmette al browser dell’utente quando accede al Servizio. I cookie di RiseSmart migliorano la funzionalità del Servizio e contribuiscono a rendere più attendibili le analisi del Servizio da parte di RiseSmart. Ad esempio, il Servizio potrebbe installare un cookie sul navigatore dell’utente, che gli permette di accedere al Servizio senza che sia necessario inserire la password più volte durante la visita al Servizio. Qualora RiseSmart utilizzi dei cookie, RiseSmart si impegna a raccogliere informazioni personali unicamente con il permesso dell’Utente.
RiseSmart è autorizzata (ed è autorizzata ugualmente a permettere a fornitori di terze parti) ad utilizzare tali cookie o tecnologie simili al fine di raccogliere informazioni in merito alle attività di navigazione dell’Utente nel tempo e attraverso diversi siti internet durate l’utilizzo del Servizio. Il nostro Servizio attualmente non risponde ai segnali “Do not Track” (DNT) ed opera come descritto nella presente Politica sulla privacy, indipendentemente dalla ricezione o meno di segnali DNT. Qualora RiseSmart dovesse decidere di farlo in futuro, verrà fornita una descrizione completa delle modalità di tale decisione nella presente Politica sulla privacy.
Condivisione di informazioni con i Clienti dell’impresa
Se l’Utente utilizza il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che potrebbero comportare l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo all’evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata che sia (qui di seguito generalmente denominati “Dati relativi all’evoluzione dell’outplacement”). Puntualmente, RiseSmart potrebbe mettere a disposizione dell’Utente alcuni strumenti volti a permettergli di modificare i Dati relativi all’evoluzione dell’outplacement, che RiseSmart è autorizzata a condividere con il cliente dell’impresa. Se l’Utente utilizza il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’evoluzione della carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che potrebbero comportare l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo all’evoluzione della ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in tutti i casi in forma aggregata (qui di seguito collettivamente denominati “Dati relativi all’evoluzione della carriera”). Puntualmente, RiseSmart potrebbe mettere a disposizione dell’Utente alcuni strumenti volti a permettergli di modificare i Dati relativi all’evoluzione della carriera, che RiseSmart è autorizzata a condividere con il cliente dell’impresa. Per qualsiasi domanda o dubbio in merito ai Dati relativi all’evoluzione dell’outplacement o ai dati relativi all’assistenza alla carriera che RiseSmart è autorizzata a condividere con il cliente dell’impresa, invitiamo i gentil Utenti a contattare user.support@risesmart.com(informazioni dettagliate di seguito).
Altri usi e condivisione delle informazioni Utente
Nei limiti del campo di applicazione del Servizio, RiseSmart è autorizzata a raccogliere, trasmettere e utilizzare i dati personali dei propri utenti al fine di garantire l’erogazione del suo Servizio, incluso senza limitazioni al fine di determinare il tipo di assistenza particolare che l’Utente desidera ottenere da parte del Servizio, e, qualora l’Utente in questione sia un cercatore di lavoro, di offrirgli suggestioni di lavoro, formazioni sulla ricerca di lavoro, assistenza alla redazione del curriculum e/o altri tipi di assistenza. RiseSmart è inoltre autorizzata ad utilizzare i Dati personali e altre informazioni (a) per identificare e autenticare l’Utente, e.g. per permettergli l’accesso all’account del Servizio e la comunicazione dell’Utente con il personale di RiseSmart, o (b) a livello interno al fine di intensificare o migliorare l’attività del Servizio di RiseSmart per l’account dell’Utente, effettuare rapporti interni sull’efficienza del Servizio al management RiseSmart, svolgere formazioni a livello interno e in generale gestire le attività di RiseSmart.
Inoltre, qualora l’Utente fornisca Dati personali o altre informazioni per ragioni specifiche, RiseSmart è autorizzata a utilizzare i dati personali o altre informazioni in rapporto con la ragione per cui tali informazioni sono state fornite. Ad esempio, qualora l’Utente contatti RiseSmart via e-mail, RiseSmart sarà autorizzata ad utilizzare i Dati personali forniti al fine di rispondere alle domande dell’Utente o a risolvere il problema de egli sollevato.
RiseSmart è inoltre autorizzata a utilizzare e a condividere i Dati personali dell’Utente e altre informazioni raccolte durante il Servizio, secondo le seguenti modalità:
RiseSmart è autorizzata a utilizzare i Dati personali e altre informazioni al fine di migliorare il Contenuto e la funzionalità del Servizio, migliorare la sua comprensione degli Utenti di RiseSmart e migliorare il Servizio.
Poiché RiseSmart sviluppa le proprie attività, è probabile che RiseSmart proceda alla vendita o all’acquisto di attività o capitali. Nell’eventualità di un’acquisizione aziendale, di una fusione, di una riorganizzazione, dissoluzione o evento simile, i Dati personali e altre informazioni potrebbero essere far parte dei beni trasferiti.
RiseSmart è autorizzata a condividere i Dati personali e altre informazioni con gli affiliati di RiseSmart, per fini coerenti con la sua Politica sulla privacy.
RiseSmart, come molte altre imprese, ingaggia puntualmente altre aziende al fine di eseguire alcune funzioni relative all’attività, incluse le statistiche. Nell’ingaggiare altre aziende al fine di eseguire funzioni specifiche per suo conto, RiseSmart è autorizzata a fornire loro i Dati personali dei suoi utenti e altre informazioni nella misura necessaria o utile al fine di eseguire tali funzioni specifiche. Questi fornitori di servizi includono aziende che ospitano i nostri server, forniscono ai nostri clienti strumenti di gestione, strumenti di comunicazione, e servizi volti a individuare e prevenire la frode.
RiseSmart è autorizzata a divulgare i Dati personali dell’Utente e altre informazioni se richiesto dalla legge o in buona fede se ritiene che tale azione sia necessaria al fine di (i) conformarsi a qualsiasi obbligo legale, (ii) proteggere e difendere i diritti o la proprietà di RiseSmart, (iii) agire in circostanze urgenti al fine di proteggere la sicurezza personale degli utenti del Servizio o del pubblico, o (iv) proteggere da eventuali responsabilità legali.
Dati personali aggregati
In un continuo sforzo per comprendere al meglio ed erogare un migliore Servizio possibile ai propri Utenti, RiseSmart conduce regolarmente ricerche sulle informazioni demografiche, gli interessi e i comportamenti dei propri Utenti, basandosi sui Dati personali o su altre informazioni da essi fornite a RiseSmart. Questa ricerca e le altre misurazioni o analisi sui comportamenti, i risultati o le recensioni dell’Utente possono essere compilati e analizzati su base aggregata, e RiseSmart è autorizzata a condividere tali dati aggregati con i suoi affiliati, agenti o partner commerciali. Queste informazioni aggregate non permettono l’identificazione personale dell’Utente a cui appartengono. RiseSmart è inoltre autorizzata a divulgare le statistiche che concernono l’Utente, al fine di descrivere i servizi di RiseSmart ai propri partner commerciai attuali o potenziali, e a terze parti per altri fini leciti.
Gestione delle informazioni
RiseSmart è autorizzata a ricevere o inserire tutte le informazioni personali dell’Utente o altre informazioni in forma digitale. RiseSmart è autorizzata a riunire tutti i Dati personali e altre informazioni che riguardano l’Utente in unico un record di database proprietario, nonché a conservarli in server ospitati negli Stati Uniti o in altri Paesi. L’Utente ha il diritto di accertarsi che i dati personali in possesso di RiseSmart siano attendibili. Con l’obiettivo di garantire tale attendibilità, RiseSmart è autorizzata a suggerire o a esigere da parte dell’Utente la revisione di un riassunto dei propri dati personali e di altre informazioni presenti sul suo account, e a confermare o a correggere eventualmente tali informazioni.
Il personale di RiseSmart è autorizzato ad accedere all’account dell’Utente, a determinare bisogni e punti di azione, e, se l’Utente è un cercatore di lavoro, a pubblicare suggestioni di lavoro da qualsiasi ufficio o luogo di lavoro o di viaggio.
RiseSmart adotta ragionevoli provvedimenti per proteggere i Dati personali e altre informazioni fornite via il Servizio da perdite, uso improprio e accesso non autorizzato, divulgazione, alterazione o distruzione. Cionondimeno, nessuna trasmissione via internet o e-mail può essere considerata sempre completamente sicura e protetta da eventuali errori. In particolare, le e-mail o altre trasmissioni inviate a o dal Servizio potrebbero non essere sicure. Pertanto, invitiamo il gentile Utente a prendere le dovute precauzioni nel decidere quali informazioni inviare a RiseSmart via e-mail o tramite qualsiasi altro mezzo di trasmissione.
Link verso altri siti web
La presente Politica sulla privacy si applica unicamente al Servizio. Il Servizio potrebbe contenere link verso altri siti web non gestiti né controllati da RiseSmart (i “Siti di terze parti”). Le politiche e le procedure qui descritte non si applicano ai Siti di terze parti. I link presenti sul Servizio non implicano che RiseSmart appoggi o abbiano verificato i Siti di terze parti. RiseSmart consiglia ai gentili Utenti di contattare direttamente questi siti per maggiori informazioni in merito alle loro politiche sulla privacy.
Informazioni pubbliche
Qualora l’Utente fornisca informazioni personali non richieste a RiseSmart attraverso il Servizio o altri mezzi, quali la pubblicazione di informazioni in zone pubbliche del Servizio, tali informazioni verranno ritenute non confidenziali. RiseSmart è libera di riprodurre, divulgare e distribuire tali informazioni non richieste a terzi senza limitazioni o attribuzioni alcune. Qualsiasi informazione pubblicata in zone pubbliche è accessibile e può essere registrata da chiunque acceda al Sito da qualunque parte del mondo.
Bambini
RiseSmart non è un servizio destinato ai bambini al di sotto dei 13 anni, e RiseSmart non è autorizzata a raccogliere informazioni su si essi.
Modifiche della presente Politica sulla privacy
Il Servizio e le attività di RiseSmart potrebbero cambiare occasionalmente. Pertanto, RiseSmart potrebbe necessitare di modificare puntualmente la presente Politica sulla privacy. RiseSmart si riserva il diritto di aggiornare o modificare la presente Politica sulla privacy in qualsiasi momento e occasionalmente senza previa notifica. Invitiamo i gentili Utenti a consultare la presente Politica regolarmente, e in particolare prima di fornire qualsiasi dato personale. La presente Politica sulla privacy è stata aggiornata per l’ultima volta alla data indicata di seguito. L’uso prolungato del Servizio dopo qualsiasi modifica o revisione della presente Politica sulla privacy verrà considerata come una tacita accettazione dei termini di tale Politica sulla privacy modificata.
Contattare RiseSmart
Al fine di garantire l’attendibilità, la completezza dei dati personali e di mantenerli aggiornati, invitiamo il gentile Utente a contattare RiseSmart come segue. RiseSmart prenderà ragionevoli provvedimenti volti ad aggiornare o correggere dati personali in nostro possesso, forniti precedentemente dall’Utente attraverso il Servizio.
Qualora sorgano domande o dubbi in merito alla presente Politica sulla privacy o ad altre questioni relative alla privacy, invitiamo l’Utente a contattare l’agente responsabile delle questioni di privacy di RiseSmart, al seguente indirizzo:
Ufficio privacy
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
E-mail: user.support@risesmart.com
Gli utenti residenti nell’area economica europea (SEE) e in Svizzera hanno il diritto di sporgere denuncia presso l’autorità di vigilanza preposta alla protezione dei dati nel proprio Paese.
Entrata in vigore in data 18 gennaio 2019
TERMINI E CONDIZIONI
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TERMINI e CONDIZIONI
1. Accettazione dei Termini.
1.1 RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (come denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai presenti Termini di servizio (qui di seguito denominati “TOS”, Terms Of Service in inglese). Accettando i presenti TOS, o accedendo o utilizzando il Servizio o il Sito, l’Utente accetta di aver letto e compreso i presenti TOS, e di approvare di esserne vincolato. Qualora l’Utente non sia d’accordo con i presenti TOS, lo invitiamo a non accettarli e pertanto non potrà utilizzare il Servizio.
1.2 RiseSmart è autorizzata a modificare tali TOS quando necessario, senza alcun preavviso. I termini e condizioni modificati entrano in vigore a decorrere dal momento della loro pubblicazione e se l’Utente utilizza il Servizio dopo tale data, tale utilizzo verrà considerato come un’accettazione tacita dei termini e delle condizioni modificati. Se l’Utente non considera accettabili alcune modifiche dei TOS, l’unica soluzione è la cessazione dell’accesso e dell’utilizzo del Servizio.
2. Descrizione del servizio.
Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (inclusa la gestione dei file e i servizi analitici), le tecnologie connesse e le applicazioni (tra cui, senza limitazioni, le applicazioni e i servizi a cui è possibile accedere tramite tutte le interfacce mobili o meno, che permettono l’accesso a tali servizi e applicazioni), e (c) tutti i software (incluso il Software, come denominato di seguito) i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (collettivamente denominati “Contenuti”). Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai presenti TOS.
3. Condizioni generali/Accesso e utilizzo del Servizio.
3.1 In conformità con i termini e condizioni dei presenti TOS, l’accesso dei nostri Utenti al Servizio e il suo utilizzo sono ammessi unicamente per scopi leciti. Tutti i diritti, i titoli e gli interessi all’interno e per il Servizio e le sue componenti verranno conservati e rimarranno proprietà esclusiva di RiseSmart. Non sono autorizzati (e questo vale per l’Utente e per le terze parti) (a) la copia, la riproduzione, la modifica, la cancellazione, la distribuzione, il download, la conservazione, la trasmissione, la pubblicazione, la creazione di opere derivate, la decompilazione e l’assemblaggio inverso o qualunque tentativo, diretto o indiretto, di scoprire qualsiasi codice sorgente, la vendita, la sublicenza, la rivendita, l’affitto, la concessione, il trasferimento, l’assegnazione o la condivisione di proprietà del Servizio, nonché lo sfruttamento a scopo commerciale di questo e la messa a disposizione del Servizio a terzi; (b) l’utilizzo del Servizio per scopi non conformi con la legge (incluso, senza limitazioni, il suo utilizzo in violazione di qualsiasi legge sui dati, sulla privacy o sul controllo dell’esportazione) in qualsivoglia maniera che interferisca con o che sia in opposizione con l’integrità o con le prestazioni del servizio o dei suoi componenti, (c) la modifica, l’adattamento o il pirataggio del Servizio avente come obiettivo l’ottenimento di un accesso non autorizzato al Servizio o ai sistemi e alle reti ad esso connesse; o (d) l’utilizzo di qualsiasi Contenuto in altri siti o media (e.g., ambienti di networking). I nostri Utenti sono tenuti a confermarsi a tutti i codici di condotta e a tutte le politiche o notifiche fornite da RiseSmart in rapporto con il Servizio. Sono tenuti inoltre a notificare immediatamente a RiseSmart qualsiasi breccia relativa alla scurezza in relazione con il Servizio. Inoltre, utilizzando alcuni servizi, i nostri Utenti saranno soggetti a ulteriori termini, applicabili ai servizi che potrebbero essere pubblicati puntualmente nel Servizio, tra i quali è inclusa, senza limitazioni, la Politica sulla privacy di RiseSmart.
3.2 Qualsiasi software reso disponibile da RiseSmart in rapporto con il Servizio (“Software”) contiene informazioni di proprietà riservata e confidenziali, protette dalle leggi applicabili sulla proprietà intellettuale e da altre leggi. Nel rispetto dei termini de condizioni di questi TOS, RiseSmart garantisce con la Presente diritto e licenza personali, non trasferibili, non concedibili in sublicenza e non esclusivi, di utilizzare il codice oggetto di qualsiasi Software in un singolo dispositivo, unicamente se in rapporto con il Servizio. I nostri Utenti accettano di non accedere al Servizio con qualsivoglia mezzo che non sia l’interfaccia fornita da RiseSmart per un utilizzo finalizzato all’accesso al Servizio. Tutti i diritti non espressamente garantiti nel presente documento sono riservati e non sono garantiti ai nostri Utenti nessun diritto e nessuna licenza di utilizzare marchi di proprietà di RiseSmart o qualsiasi terza parte in relazione con il Servizio.
3.3 Ogni Utente è l’unico responsabile di tutti i dati, le informazioni, i riscontri, le suggestioni, i testi, i contenuti e altri materiali da esso scaricati, pubblicati, forniti, consegnati o trasmessi in qualsivoglia maniera o conservati (qui di seguito “trasmessi” /“trasmissione”) in relazione o in rapporto con il Servizio (“Il Contenuto Utente”). Ogni Utente si porta con la Presente rappresentante e garante del fatto che il proprio Contenuto da esso trasmesso nel rispetto del Servizio (a) sia attendibile, corretto, legale, decente, onesto e completo (incluso, senza limitazioni, per quanto riguarda il suo curriculum, i suoi dati anagrafici e le sue informazioni occupazionali, se l’Utente utilizza il Servizio come cercatore di lavoro o cercatore di un’evoluzione della carriera), e (b) sia esente da errori, worm o virus. L’Utente approva che RiseSmart possa procedere a rimozione del suo Contenuto dal Servizio qualora ritenga che l’Utente agisce in violazione di quanto detto in precedenza o di altri termini dei presenti TOS. L’Utente ha la responsabilità di mantenere la confidenzialità dei propri login, password e account, nonché di tutte le attività effettuate all’interno del suo login o account. RiseSmart si riserva il diritto di accedere all’account dell’Utente al fine di rispondere alle sue richieste di assistenza tecnica. Trasmettendo il proprio Contenuto nel o tramite il Servizio, l’Utente è tenuto a garantire e garantisce di fatto con la Presente a RiseSmart la licenza non esclusiva, perenne, irrevocabile, senza royalty, interamente pagata, concedibile in sublicenza e trasferibile, di utilizzare, modificare, riprodurre, distribuire, visualizzare, pubblicare ed eseguire il suo Contenuto in relazione con il Servizio. RiseSmart ha il diritto, ma non l’obbligo, di vagliare o monitorare il Servizio, il Contenuto o il Contenuto Utente. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto), o per ragioni non precisate.
3.4 L’Utente prende conoscenza del fatto che la gestione del Servizio, incluso del suo Contenuto, potrebbe essere non cifrato e che comprende (a) la trasmissione attraverso diverse reti, (b) cambiamenti volti a conformare o adattare le prescrizioni tecniche di connessione di reti o dispositivi, (c) la trasmissione a venditori esterni di RiseSmart e l’hosting di partner per fornire gli hardware, i software, il networking, la conservazione e le relative tecnologie necessarie per l’esecuzione e il mantenimento del Servizio, e (d) la trasmissione ad altri terzi in relazione con l’erogazione del Servizio all’Utente. Analogamente, l’Utente riconosce di avere la responsabilità esclusiva delle misure di sicurezza, di protezione e di backup del suo Contenuto. RiseSmart non sarà ritenuto in alcun caso responsabile per qualsiasi accesso o utilizzo non autorizzato di Contenuti di sua proprietà, o per qualsiasi danneggiamento, cancellazione, distruzione o perdita di Contenuti di sua proprietà.
3.5 Qualora l’Utente sia un richiedente di lavoro o di evoluzione della carriera, egli è tenuto ad accettare di agire in coscienza, facendo prova di prudenza e buon senso nel gestire le opportunità di lavoro e altre informazioni offerte da o ottenute tramite il Servizio, nonché ad assumersi il rischio di qualsivoglia affidamento o utilizzo di tutti i Contenuti (il che include qualsiasi suggestione di lavoro o consiglio relativo alla carriera o raccomandazione) fornito tramite il Servizio.
3.6 L’incapacità da parte di RiseSmart di esercitare o applicare qualsiasi diritto o erogazione dei presenti TOS non costituisce deroga a questo diritto. L’Utente prende conoscenza del fatto che i presenti TOS hanno valore di contratto tra esso e RiseSmart, quantunque questi siano stati firmati per via elettronica e non fisica da parte dell’Utente e di RiseSmart, e che questi disciplinano l’utilizzo del Servizio da parte dell’Utente, sostituendosi a qualsivoglia accordo simile finalizzato in precedenza tra l’Utente e RiseSmart.
3.7 L’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi e/o gli ex dipendentidel cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) qui di seguito collettivamente denominati “Impegni verso il Cliente dell’Impresa). Qualora l’Utente utilizzi il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata. Qualora l’Utente utilizzi il Servizio conformemente agli Impegni verso il Cliente dell’Impresa per Assistenza all’Evoluzione della Carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro o in evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in forma aggregata per ogni singolo caso. Invitiamo i gentili Utenti a consultare la Politica sulla privacy di RiseSmart per ulteriori informazioni in merito alla raccolta, all’utilizzo e alla condivisione delle informazioni fornite dagli Utenti stessi o dai clienti dell’impresa, da parte di RiseSmart, in relazione con gli Impegni verso il Cliente dell’Impresa.
3.8 Qualora l’Utente utilizzi il Servizio conformemente a uno degli Impegni verso il Cliente dell’Impresa, costui è tenuto ad accettare che il Servizio ad esso erogato non ecceda i limiti del campo di applicazione, della durata o di altre restrizioni dell’Impegno verso i Clienti dell’Impresa, il cui rispetto costituisce condizione sine qua non dell’accesso al Servizio.
3.9 L’Utente accetta che RiseSmart (a) stabilisca una serie di pratiche e di limiti attinenti all’utilizzo del Servizio, incluso senza limitazioni il lasso di tempo massimo durante il quale il Contenuto o qualsiasi contenuto dell’Utente verrà conservato dal Servizio e i limiti di spazio di conservazione che verranno concessi a suo nome, (b) RiseSmart non si assuma nessuna responsabilità o assoggettamento per la soppressione o l’impossibilità di conservare qualsiasi Contenuto o qualsiasi contenuto dell’Utente conservato o caricato nel Servizio, e (c) abbia il diritto di conservare del Contenuto o qualsiasi Contenuto dell’Utente nonché di divulgare del Contenuto o il Contenuto dell’Utente qualora questo dovesse esser prescritto per legge o qualora lo ritenga in buona fede necessario al fine di: (i) conformarsi con qualsiasi processo di natura legale, o con le leggi o le normative applicabili che lo impongono; (ii) applicare le presenti TOS; (iii) rispondere ad eventuali reclami relativi alla presunta violazione dei diritti di terzi da parte di un Contenuto o di qualsiasi Contenuto dell’Utente; o (iv) proteggere i diritti, la proprietà o l’incolumità personale di RiseSmart, dei suoi Utenti e del pubblico. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto o di qualsiasi Contenuto imputabile all’Utente, in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto o del Contenuto dell’Utente), o per ragioni non precisate.
4. Pagamento.
Nella misura in cui il Servizio o qualsiasi parte dello stesso è disponibile a pagamento (e qualora non sia pagato da un’impresa cliente di RiseSmart), l’Utente è tenuto a selezionare un piano di pagamento e a fornire a RiseSmart le informazioni relative alla sua carta di credito o di un’altra modalità di pagamento. L’Utente garantisce a RiseSmart che le informazioni fornite sono veritiere che si è autorizzati ad utilizzare lo strumento di pagamento indicato. L’Utente procederà quanto prima all’inserimento delle proprie informazioni bancarie includendo le eventuali modifiche (ad esempio, una modifica dell’indirizzo di fatturazione o della data di scadenza della propria carta di credito). L’Utente accetta di pagare a RiseSmart l’importo specificato nel piano di pagamento in conformità con i termini di tale piano e dei presenti TOS. Con la Presente l’Utente autorizza RiseSmart a procedere all’addebito sul metodo di pagamento indicato in anticipo a scadenza regolare, conformemente ai termini del piano di pagamento applicabile, fino alla chiusura dell’account dell’Utente in questione, il quale accetta inoltre di pagare eventuali costi aggiuntivi se necessario. Qualora l’Utente desideri fare opposizione ad eventuali costi aggiuntivi, egli è tenuto ad avvisare RiseSmart entro sessanta (60) giorni a decorrere dalla data della fattura emessa da RiseSmart. RiseSmart si riserva il diritto di modificare i prezzi dei servizi erogati in qualsiasi momento. Qualora RiseSmart dovesse procedere a modifica delle tariffe relative ai servizi erogati, RiseSmart ne avvertirà gli Utenti tramite notifica sul Sito o via e-mail individuale, nelle opzioni di RiseSmart, con minimo 30 giorni di anticipo rispetto alla data di entrata in vigore della modifica. Il proseguimento dell’utilizzo del Servizio dopo l’entrata in vigore della modifica del prezzo è considerato come tacita accettazione del pagamento dell’importo modificato. Qualora l’Utente utilizzi il Servizio conformemente a un Impegno verso il Cliente dell’Impresa, tale cliente dell’impresa verrà addebitato per il package del Servizio specifico che ha autorizzato RiseSmart ad erogare all’Utente in questione.
5. Dichiarazioni e garanzie.
Nell’ambito dell’utilizzo dell’Utente, questi accetta di NON: violare qualsivoglia regolamento locale, statale e federale, regolamento e statuto di qualsivoglia giurisdizione, tra cui, a titolo non esaustivo, leggi e regolamenti americani relativi alle esportazioni e alle leggi relative alle pari opportunità in materia di lavoro; violare qualsivoglia diritto relativo alla proprietà individuale e alla privacy, incluso, ma non limitato a brevetti, copyright, marchio di fabbrica o segreti industriali, di terze parti; caricare, pubblicare, trasmettere o conservare qualsivoglia materiale contrario alla legge, di natura offensiva, diffamatoria, fraudolenta, ingannevole, fallace, dannosa, minacciosa, molesta, oscena o riprovevole; che costituisca violazione di qualsivoglia obbligo contrattuale o di natura confidenziale; che pregiudichi o interferisca con le operazioni normali del Servizio, come la pubblicazione o la trasmissione di virus, worm, script, macro o codici di natura dannosa di qualsiasi tipo, la pubblicazione continua di contenuti ripetitivi o la pubblicazione di quantità anormali di dati; o che non siano consentiti da RiseSmart, tra cui, a titolo non esaustivo, qualsiasi materiale di natura pubblicitaria, materiale promozionale indesiderato, “junk mail”, “spam mail”, “chain letter”, schemi piramidali, franchise, distributori, affiliazioni a club, accordi commerciali, o qualsivoglia materiale non accettabile; violare altri diritti relativi alla privacy o alla persona, mandando e-mail indesiderate e raccogliendo informazioni personali di terzi; infrangere o tentare di infrangere qualsiasi misura di sicurezza relativa al Servizio; utilizzare qualsiasi dispositivo, processo o meccanismo al fine di monitorare, recuperare, cercare o accedere al Servizio, e.g. spider o robot, senza previo consenso; accedere o tentare di accedere a qualsiasi account o login di terzi registrati al Servizio; o pubblicare o inoltrare qualsiasi informazione falsa, inattendibile o incompleta, come il proprio curriculum, le proprie informazioni anagrafiche o occupazionali; usurpare l’identità di un’altra persona o di un’altra entità; falsificare qualsiasi intestazione di posta elettronica o mail; o falsificare la propria identità, la propria affiliazione con qualsiasi terza parte, o la propria entità.
6. Cessazione.
L’Utente ha il diritto di chiudere il proprio account in qualsiasi momento in conformità con le procedure stabilite sul Sito o fornite separatamente, ove applicabile. Qualora l’Utente utilizzi il Servizio in conformità con un Impegno verso il Cliente dell’Impresa, costui è tenuto ad accettare che l’accesso a tale Servizio arrivi a scadenza al momento della cessazione di tale Impegno verso un Cliente dell’Impresa. RiseSmart si riserva il diritto di (i) modificare o interrompere, in via temporaria o definitiva, il Servizio (o parte dello stesso) e di (ii) rifiutare l’utilizzo corrente o futuro, parziale o completo, del Servizio, di sospendere o chiudere l’account (o parte dello stesso) di un Utente e rimuovere e eliminare qualsiasi Contenuto dell’Utente in questione all’interno del Servizio, per qualsivoglia ragione, incluso qualora RiseSmart ritenga che tale Utente abbia violato i presenti TOS. RiseSmart non potrà essere considerata in alcun modo responsabile nei confronti dei suoi Utenti per qualsiasi modifica, sospensione o interruzione del Servizio. RiseSmart si impegna a sforzarsi in buona fede a contattare ogni Utente per avvisarlo prima di procedere a sospensione o chiusura del suo account da parte di RiseSmart. Tutti i Contenuti del Servizio (se del caso) potranno essere cancellati definitivamente da parte di RiseSmart al momento della chiusura dell’account di un Utente, a sua esclusiva discrezione. Qualora RiseSmart dovesse procedere a chiusura di un account senza precisarne le ragioni, e qualora l’Utente abbia sottoscritto a un servizio a pagamento, se applicabile (esclusivamente in caso di Impegno verso il Cliente dell’Impresa) RiseSmart provvederà al rimborso proporzionale della quota non acquisita di qualsiasi importo prepagato a RiseSmart per tale servizio. Ciononostante, tutti i diritti di pagamento maturati e i termini della Sezione 4-12 vanno applicati indipendentemente dalla cessazione dei presenti TOS.
7. ESONERI.
IL SERVIZIO, INCLUSI IL SITO, IL CONTENUTO (INCLUSO, SENZA LIMITAZIONI, PROPOSTE DI LAVORO E DI EVOLUZIONE DELLA CARRIERA, LE RACCOMANDAZIONI E LE STATISTICHE) E TUTTI I COMPONENTI DEI SERVER E DELLA RETE SONO FORNITI SULLA BASE DELLE DISPONIBILITÀ E DELLE POSSIBILITÀ, SENZA GARANZIE DI NESSUN TIPO, E RISESMART SI DICHIARA ESENTE DALLA RESPONSABILITÀ DI FORNIRE GARANZIE IN MERITO, SIANO ESSE ESPLICITE O IMPLICITE, TRA CUI, A TITOLO NON ESCLUSIVO, LE GARANZIE IMPLICITE DI COMMERCIABILITÀ, TITOLI O IDONEITÀ PER FINALITÀ SPECIFICHE, E LA NON-VIOLAZIONE. L’UTENTE ACCETTA LA DECISIONE DI RISESMART DI NON GARANTIRE CHE IL SERVIZIO NON SIA SOGGETTO A INTERRUZIONI, O CHE NON SIA SUFFICIENTEMENTE RAPIDO, SICURO, INDENNE DA ERRORI O VIRUS E CHE NESSUNA INFORMAZIONE, NOTIFICA O SERVIZIO OTTENUTI DALL’UTENTE DA PARTE DI RISESMART O TRAMITE IL SERVIZIO SIA ALL’ORIGINE DI GARANZIE NON ESPRESSAMENTE ENUNCIATE NEI PRESENTI TOS. SENZA PERTANTO LIMITARE IL CARATTERE GENERALE DI QUANTO PRECEDE, QUALORA L’UTENTE SIA UN RICHIEDENTE DI LAVORO O DI UN’EVOLUZIONE DELLA CARRIERA, (A) L’UTENTE IN QUESTIONE PRENDE ATTO E ACCETTA CHE EVENTUALI PROPOSTE DI LAVORO PUBBLICATE DA RISESMART SUL SUO ACCOUNT POSSANO ESSERE RICEVUTE ANCHE DA ALTRE PARTI, SENZA ALCUN TIPO DI ESAME SPECIFICO E CHE (B) RISESMART NON AUTORIZZA O GARANTISCE LA LEGITTIMITÀ O LA CORRETTEZZA DELLE OFFERTE DI LAVORO O DELLE INFORMAZIONI, NÉ GARANTISCE L’OTTENIMENTO REALE DI UN POSTO DI LAVORO, DI UN’EVOLUZIONE DELLA CARRIERA GRAZIE AL SERVIZIO O CHE I POSTI DI LAVORO O EVOLUZIONI DELLA CARRIERA OTTENUTI TRAMITE IL SERVIZIO SIANO ADATTI ALLE NECESSITA DELL’UTENTE O CORRISPONDANO ALLE SUE ASPETTATIVE. RiseSmart non può essere ritenuta responsabile in nessun caso e in qualsivoglia maniera per qualsiasi contenuto o materiale di terzi (inclusi gli utenti), tra cui, a titolo non esclusivo, per qualsiasi errore o omissione presenti nei contenuti, né per perdite o danneggiamenti di qualsiasi natura relativi all’utilizzo di tali contenuti. L’Utente riconosce che RiseSmart non preseleziona i contenuti. Nondimeno, RiseSmart e relativi designati hanno il diritto (ma non l’obbligo), a loro esclusiva discrezione, di rifiutare o rimuovere qualsiasi contenuto disponibile via il Servizio. L’Utente accetta di valutare e assumersi tutti i rischi associati all’uso di qualsiasi contenuto, incluso quelli relativi all’affidabilità relativa all’esattezza, all’esaustività o all’utilità di tale contenuto.
8. LIMITAZIONI DI RESPONSABILITÀ.
8.1. IN NESSUN CASO E SECONDO NESSUNA TEORIA LEGALE (IN CASO DI CONTRATTO, DI TORTO O ALTRO) RISESMART POTRÀ ESSERE TENUTA RESPONSABILE NEI CONFRONTI DEI PROPRI UTENTI PER (A) EVENTUALI DANNI INDIRETTI, ACCIDENTALI, SPECIALI, ESEMPLARI, CONSEQUENZIALI O PUNITIVI, INCLUSI GUADAGNI PERSI, VENDITE O AFFARI MANCATI, PERDITA DI DATI O INTERRUZIONE DI AFFARI, O (B) PER EVENTUALI DANNI, COSTI, PERDITE O PASSIVITÀ IN ECCESSO RISPETTO ALLE TARIFFE PAGATE DALL’UTENTE DURANTE I SEI (6) MESI CHE PRECEDONO GLI EVENTI CHE HANNO DATO LUOGO AL RECLAMO EFFETTUATO DA UN UTENTE, O, IN CASO DI MANCATO PAGAMENTO DELL’IMPORTO DOVUTO, AL PAGAMENTO DI CENTO ($100) DOLLARI AMERICANI. LE DISPOSIZIONI DI CUI ALLA PRESENTE SEZIONE DEFINISCONO I RISCHI STABILITI DAI PRESENTI TOS TRA LE PARTI, E LE PARTI IN QUESTIONE HANNO ACCETTATO DI SOTTOMETTERSI A TALI LIMITAZIONI NELL’ACCETTARE DI SOTTOSCRIVERE AI PRESENTI TOS.
8.2 Alcuni Stati non consentono l’applicazione degli esoneri, l’esenzione dalle garanzie implicite o la limitazione delle responsabilità in caso di danni consequenziali o accidentali, il che implica la possibilità che alcune delle limitazioni enumerate nella Sezione 7 (Esoneri) e 8 (Limitazione delle responsabilità) risultino non applicabili o vincolanti per l’Utente. IN QUESTI STATI, LA RESPONSABILITÀ DI RISESMART SARÀ LIMITATA NELLA MASSIMA MISURA PERMESSA DALLA LEGGE IN VIGORE. SE L’UTENTE È UN RESIDENTE DEL NEW JERSEY, LE DISPOSIZIONI ENUMERATE NELLE SEZIONI 7 (ESONERI) E 8 (LIMITAZIONI DELLE RESPONSABILITÀ) SONO APPLICABILI NEI LIMITI DELLE LEGGI DEL NEW JERSEY. SE UNA QUALSIASI DELLE PARTI CHE COMPONGONO TALI SEZIONI NON RISULTA VALIDA SECONDO LA LEGGE DEL NEW JERSEY, IL CARATTERE NON VALIDO DI TALI PARTI NON PREGIUDICA LA VALIDITÀ DELLE PARTI RIMANENTI DELLA SEZIONE APPLICABILE.
9. Indennizzo.
L’Utente è tenuto a difendere, rimborsare e indennizzare RiseSmart da e contro eventuali rivendicazioni, azioni o richieste, incluso, e senza limitazioni, spese contabili e legali, causate o risultanti da qualunque violazione da parte sua dei presenti TOS, qualsiasi Contenuto di cui è responsabile o qualsiasi altro accesso, contribuzione all’uso e l’uso improprio del Servizio. RiseSmart provvederà a notificare ogni Utente di tali reclami, cause o richieste. RiseSmart si riserva il diritto di assumersi la difesa e il controllo esclusivi di qualsiasi problema soggetto a indennizzo relativo alla presente sezione. Qualora si dovesse verificare tale situazione, l’Utente accetta di cooperare rispondendo a qualsiasi ragionevole richiesta, e di portare il proprio sostegno alla difesa di RiseSmart in merito a tale problema. A prescindere da quanto detto, l’Utente non è nell’obbligo di indennizzare, difendere o manlevare RiseSmart da o contro eventuali reclami, azioni o richieste nella misura risultante da tutte le azioni o inazioni di RiseSmart.
10. Attribuzione.
L’Utente non è autorizzato ad attribuire i presenti TOS senza previo consenso di RiseSmart. Cionondimeno, RiseSmart può attribuire o trasferire i presenti TOS, interamente o parzialmente, senza restrizione alcuna.
11. Diritto applicabile.
I presenti TOS sono regolati dalle leggi dello Stato della California, a prescindere dai conflitti di legge. Salvo disposizioni contrarie impartite da RiseSmart per casi particolari, l’Utente acconsente espressamente a sottomettersi alla giurisdizione personale esclusiva dei tribunali federali e statali dello Stato della California per la risoluzione di qualsiasi controversia relativa all’accesso o all’utilizzo del Servizio.
12. DMCA.
Il Digital Millennium Copyright Act del 1998 (il “DMCA”, legge americana sulla proprietà intellettuale) prevede la possibilità di fare ricorso per chiunque consideri che del materiale presente su internet infranga i propri diritti, protetti dalla legge americana sul copyright (proprietà intellettuale). RiseSmart si impegna a prendere in considerazione e a indagare su eventuali notifiche di presunta violazione della legge in questione e ad intraprendere le azioni necessarie, conformemente alla legge DMCA e a tutte le leggi applicabili in merito alla proprietà intellettuale nei confronti di qualsiasi presunta o effettiva violazione di queste. Le notifiche di pretesa violazione della proprietà intellettuale vanno inviate all’operatore addetto alle questioni di copyright di RiseSmart, all’indirizzo user.support@risesmart.com(con oggetto: “DMCA Takedown Request”, ovvero “Denuncia per violazione della legge DMCA”). L’Utente può inoltre contattare RiseSmart via e-mail all’indirizzo:
Attenzione: Operatore addetto alle questioni di copyright
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notifica: Al fine di garantire l’efficacia della notifica, questa va stilata per iscritto e deve contenere le seguenti informazioni:
una firma a mano o elettronica della persona autorizzata ad agire per conto del detentore del copyright o di altri interessi di proprietà intellettuale;
una descrizione del materiale soggetto a copyright o ad altre clausole di proprietà intellettuale che l’Utente ritiene siano stati violati;
una descrizione dell’ubicazione nel sito del materiale che l’Utente considera imputabile di violazione, contenente tutti i dettagli necessari per permettere a RiseSmart di individuarlo nel Sito;
l’indirizzo, il numero di telefono e l’e-mail dell’Utente che inoltra la richiesta;
una dichiarazione scritta dall’Utente, il quale deve esplicitare, in buona fede, che l’azione in causa non è autorizzata dal proprietario del copyright o della proprietà intellettuale, dal suo agente o dalla legge;
una dichiarazione sull’onore effettuata dall’Utente, pena l’accusa di falsa testimonianza, in cui deve confermare che le informazioni precedentemente trasmesse nella notifica sono esatte, e che è il detentore della proprietà intellettuale, o la persona autorizzata ad agire per conto del detentore della proprietà intellettuale o del copyright di cui è questione.
13. 1. Applicazioni del software compatibili con Apple.
RiseSmart offre una serie di applicazioni volte a operare in connessione con prodotti commercializzati da Apple Inc. (“Apple”), oltre ad altre piattaforme. Per quanto concerne il Software commercializzato per l’utilizzo in connessione con prodotti del marchio Apple (come i Software “Software compatibili Apple”), oltre agli altri termini e condizioni stabiliti per i presenti TOS, si applicano anche i seguenti termini e condizioni:
RiseSmart e i suoi Utenti riconoscono che le presenti TOS sono oggetto di contratto unicamente tra RiseSmart e ogni Utente, e non con Apple, e che tra RiseSmart e Apple, RiseSmart, e non Apple, è l’unica responsabile per il Software compatibile con Apple, e per il contenuto dello stesso.
È vietato utilizzare il Software compatibile con Apple in qualsivoglia maniera che costituisca violazione delle disposizioni di utilizzo per il Software compatibile con Apple enunciate nei Termini di Servizio dell’App Store, o che sia non conforme o in conflitto con queste.
L’autorizzazione di utilizzare il Software compatibile con Apple è limitata a una licenza non trasferibile di utilizzo del Software compatibile con Apple per un dispositivo iOS di proprietà o di controllo dell’Utente, come stabilito dai Termini di Servizio dell’App Store.
Apple non ha in alcun caso l’obbligo di fornire servizi di assistenza o manutenzione per quanto concerne il Software compatibile con Apple.
Apple non è responsabile per le garanzie prodotto, esplicite o implicite che siano. Qualora il Software compatibile con Apple dovesse riscontrare problemi di conformità con la garanzia applicabile, l’Utente è invitato a notificare Apple, e Apple provvederà a rimborsare il prezzo di acquisto, se del caso, del Software compatibile con Apple all’Utente interessato; inoltre, nella massima misura di quanto previsto dalla legge applicabile, Apple non ha obblighi di garanzia di nessun tipo nei confronti del Software compatibile con Apple, o in caso di reclami, perdite, responsabilità, danni, costi o spese imputabili all’impossibilità di conformarsi a qualsiasi garanzia, la cui responsabilità sarà attribuibile unicamente a RiseSmart, salvo esoneri previsti dalla legge applicabile.
RiseSmart e l’Utente riconoscono che RiseSmart, e non Apple, è l’unica responsabile per eventuali reclami effettuati dall’Utente o da terzi, concernenti un Software compatibile con Apple di proprietà di un Utente e/o dell’utilizzo di tale Software compatibile con Apple, tra cui, a titolo non esaustivo: (i) reclami relativi alla responsabilità per il prodotto; (ii) qualsiasi reclamo relativo all’impossibilità del Software compatibile con Apple di conformarsi a prescrizioni legali o regolamentari ; e (iii) reclami in rapporto con la protezione del consumatore o con simili normative.
Qualora una terza parte venga a rivendicare una violazione dei propri diritti di proprietà intellettuale imputabili al Software compatibile con Apple o al possesso e all’utilizzo dei questo da parte dell’utilizzatore finale, nel contenzioso che implica RiseSmart e Apple, RiseSmart, e non Apple sarà da considerarsi come responsabile per l’indagine, la difesa, la risoluzione e l’appuramento di tale rivendicazione di violazione della proprietà intellettuale.
L’utente dichiara e garantisce che non si risiede in Paesi soggetti a embargo da parte del Governo degli Stati Uniti, o designati dal Governo degli Stati Uniti come un Paese che “sostiene il terrorismo”; e (iii) che non fa parte di nessuna lista dei soggetti sottomessi a restrizioni o divieti del Governo statunitense.
Per qualsiasi domanda, lamentela o reclamo in merito al Software compatibile con Apple, invitiamo i nostri Utenti a rivolgersi a RiseSmart al seguente indirizzo:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart e l’Utente riconoscono e accettano che Apple e delle società affiliate di Apple sono terze parti beneficiarie di questi TOS per quanto concerne il Software compatibile con Apple, e che, in virtù dell’accettazione dei termini e condizioni contenuti nel presente TOS, Apple è in diritto (e verrà considerato che ha accettato tale diritto) di sottomettere l’Utente all’applicazione dei seguenti TOS per quanto concerne il Software compatibile con Apple in quanto terza parte beneficiaria degli stessi.
- Per maggiori informazioni, consultare: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Link verso altri siti.
Il Servizio potrebbe contenere link verso siti internet di proprietà di terze parti. Tali link sono forniti all’Utente esclusivamente per motivi di praticità, e non costituiscono adesione di RiseSmart ai contenuti di tali siti internet appartenenti a terze parti. RiseSmart non è responsabile per i contenuti dei siti correlati appartenenti a terze parti e non prende posizione in merito ai contenuti o all’esattezza dei materiali contenuti in tali siti appartenenti a terze parti. Qualora l’Utente desideri accedere ai siti correlati appartenenti a terze parti, lo fa a suo rischio e pericolo.
15. Dispositivi mobili.
Se l’Utente utilizza il Servizio a partire da dispositivi mobili, egli è tenuto ad accettare che le informazioni riguardanti l’utilizzo che fa del Servizio tramite dispositivo e supporto mobile vengano comunicate a RiseSmart, tra cui e a titolo non esaustivo il supporto mobile, il dispositivo mobile o la posizione fisica dell’Utente. Inoltre, l’utilizzo del Servizio via dispositivo mobile potrebbe comportare la visualizzazione dei dati nel o tramite il dispositivo mobile dell’Utente. Accendendo al Servizio tramite dispositivo mobile, l’Utente è cosciente che, nella misura in cui importa informazioni di RiseSmart che lo concernono sul proprio dispositivo mobile, è libero di condividere tali informazioni con il proprio supporto mobile e con altri fornitori di accesso. Qualora l’Utente sostituisca o disattivi il proprio dispositivo o account mobile, egli è tenuto ad accertarsi che il proprio account (e tutti i messaggi ad esso correlati (ove applicabile)), non siano accessibili per altre parti (o trasmessi ad altre parti) e il mancato rispetto di questa raccomandazione è sua esclusiva responsabilità. L’Utente riconosce di essere responsabile per eventuali spese e permessi necessari relativi all’accesso al Servizio tramite il proprio dispositivo mobile e fornitore di accesso. Pertanto, invitiamo i gentili Utenti a contattare il proprio fornitore per venire a conoscenza dei termini specifici relativi a questi servizi per i loro dispositivi mobili. Utilizzando qualsiasi applicazione disponibile per il download utile ad abilitare l’utilizzo del Servizio, l’Utente conferma implicitamente l’accettazione dei termini dell’End User Agreement (Accordo relativo alla licenza con l’utente finale) associato all’applicazione ottenuta al momento del download o dell’installazione, o di qualsiasi eventuale aggiornamento puntuale.
Entrata in vigore in data 18 gennaio 2019
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Effective July 15th 2019 to January 17th 2020
DownloadTable of Contents
POLITICA SULLA PRIVACY DI RISESMART
RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (così denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai relativi Termini di servizio (ubicati all’indirizzo http://www.RiseSmart.com/terms-conditions) (i “TOS”) e alla presente Politica sulla privacy. Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (tra cui la gestione dei file e i servizi analitici), le tecnologie connesse e (c) tutti i software i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (qui di seguito generalmente denominati “Contenuti”).
RiseSmart effettua il controllo dati per tutte le informazioni raccolte e trattate tramite il Servizio. Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai TOS e alla presente Politica sulla privacy. La presente Politica sulla privacy stabilisce la politica di RiseSmart concernente il rispetto delle informazioni personali identificabili (“Dati personali”) e altre informazioni raccolte, trasmesse o comunque utilizzate in rapporto con il Servizio. I dati anonimi, che potrebbero essere raccolti durante l’utilizzo del Servizio da parte dell’Utente, non sono inclusi nella categoria “Dati personali.”
Il consenso dell’Utente
Fornendo volontariamente e RiseSmart dati personali o comunque usufruendo del Servizio, l’Utente riconosce e acconsente che RiseSmart raccolga, trasmetta e utilizzi i suoi Dati personali e altre informazioni come descritto qui di seguito in questa Politica sulla privacy e in tutte le altre segnalazioni fornite puntualmente da RiseSmart in relazione con in Servizio. L’Utente ha la facoltà di revocare tale autorizzazione e di esigere che l’informazione de esso fornita a RiseSmart venga eliminata.
Dati personali ricevuti dal cliente
Qualora l’Utente desideri usufruire del Servizio, RiseSmart gli richiederà di fornire direttamente a RiseSmart i propri Dati personali. RiseSmart riceverà da ogni Utente:
- nome, professione attuale o recente, nome dell’azienda, numero di telefono, indirizzo, indirizzo e-mail e altre informazioni identificative o di contatto;
- la cronologia del percorso professionale, educativo e formativo dell’Utente, altre qualifiche, obiettivi di impiego, aspettative di retribuzione, interessi e altre informazioni anagrafiche e relative alla carriera;
- le informazioni relative alla progressione dei milestone e all’avanzamento della carriera e delle ricerche di impiego; e
- informazioni relative al livello di soddisfazione cliente dell’Utente, o ad altri riscontri relativi all’evoluzione della carriera, alla ricerca di un impiego e al Servizio.
Inoltre, quando l’Utente interagisce con RiseSmart tramite il Servizio, RiseSmart è autorizzata a raccogliere Dati personali e informazioni che lo riguardano, quando queste sono fornite volontariamente da parte dell’Utente, come nel caso in cui egli contatti RiseSmart per qualsiasi richiesta o compili uno dei sondaggi di RiseSmart.
Ad ogni Utente verrà richiesto di fornire Dati personali tramite svariati canali in relazione con il Servizio, incluso tramite attivazione del suo account per il Servizio, via registrazione online o su carta stampata, come il suo curriculum, la sua checklist e i questionari completati per RiseSmart, le formazioni, le sessioni di counseling, le discussioni, gli scambi via e-mail e altri canali. Il Servizio è autorizzato inoltre a raccogliere l’indirizzo IP (Internet Protocol) dell’Utente.
Per l’account personale che ogni Utente può creare sul Servizio, RiseSmart è autorizzata a chiedere di impostare un unico nome utente, un’unica password e domanda di sicurezza, nonché a utilizzare queste informazioni di accesso al fine di accedere al suo account. L’Utente accetta di proteggere la segretezza del nome utente, della password e della domanda di sicurezza, e qualora l’Utente non possa più garantire tale segretezza, egli verrà tenuto come unico responsabile per qualsiasi utilizzo che ne risulti, e per qualsiasi furto, alterazione, uso improprio, divulgazione o altri danni in rapporto con i suoi Dati personali e altre informazioni.
L’Utente è autorizzato a esigere l’accesso ai dati forniti a RiseSmart. La richiesta di accesso va inviata al seguente indirizzo: user.support@risesmart.com. RiseSmart si impegna a rispondere a tale richiesta di accesso entro 30 giorni.
Dati personali ricevuti da un cliente dell’impresa
You represent and warrant to RiseSmart tL’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi o gli ex dipendenti del cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) successivamente indicati come “Impegni verso il Cliente dell’Impresa) . RiseSmart, in adeguamento con gli Impegni verso il Cliente dell’impresa, riceve dal cliente dell’impresa una lista di persone ammissibili al Servizio. Se ammissibile, la lista cliente dell’impresa deve includere il nome dell’Utente, la sua professione attuale o recente, l’indirizzo postale, il numero di telefono, l’indirizzo e-mail, l’unità o il dipartimento aziendale, e altri Dati personali.
RiseSmart elabora come descritto le informazioni relative ad ogni Utente per il suo legittimo interesse, fornendogli un servizio resogli accessibile dal suo datore di lavoro o ex datore di lavoro. RiseSmart utilizza i Dati personali ricevuti dai clienti di un’impresa al fine di contattare i partecipanti ammissibili.
Trasferimenti internazionali dei Dati personali
Se l’Utente o il cliente di un’impresa fornisce Dati personali in relazione con il Servizio, l’Utente riconosce e accetta che tali Dati personali possano essere trasferiti dalla posizione del cliente dell’Utente o dell’impresa verso le sedi e i server di RiseSmart e verso terze parti autorizzate qui citate, sul territorio degli Stati Uniti o di altri Paesi.
Informazioni complementari e Uso dei cookie
Quando un utente interagisce con RiseSmart tramite il Servizio, RiseSmart riceve e conserva alcune informazioni personalmente non identificabili. Tali informazioni, raccolte passivamente a mezzo di svariate tecnologie, non possono essere utilizzate per identificare personalmente l’Utente. Inoltre, il Servizio è autorizzato a raccogliere altre informazioni personalmente non identificabili, a fini funzionali per il Servizio (e.g. la raccolta di risposte ai questionari che non contengono informazioni personalmente identificabili). RiseSmart è autorizzata a conservare tali informazioni o queste informazioni potrebbero essere inserite in un database di proprietà e gestione di RiseSmart o di fornitori d’accesso. Il Servizio è autorizzato a utilizzare tali informazioni e riunirle insieme ad altre informazioni al fine di individuare, ad esempio, il numero totale di visitatori del Sito o del Servizio, il numero di visitatori per ogni pagina del Sito o del Servizio e i nomi di dominio dei fornitori d’accesso internet dei visitatori di RiseSmart. È importante notare che nessun Dato personale è disponibile o utilizzato in questo processo, salvo qualora l’Utente o il cliente di un’impresa lo fornisca volontariamente, come sopra esposto.
A scopi funzionali per il Servizio, RiseSmart potrebbe fare ricorso a una tecnologia chiamata “cookie.” Un cookie consiste in un’informazione che il computer che ospita il Servizio trasmette al browser dell’utente quando accede al Servizio. I cookie di RiseSmart migliorano la funzionalità del Servizio e contribuiscono a rendere più attendibili le analisi del Servizio da parte di RiseSmart. Ad esempio, il Servizio potrebbe installare un cookie sul navigatore dell’utente, che gli permette di accedere al Servizio senza che sia necessario inserire la password più volte durante la visita al Servizio. Qualora RiseSmart utilizzi dei cookie, RiseSmart si impegna a raccogliere informazioni personali unicamente con il permesso dell’Utente.
RiseSmart è autorizzata (ed è autorizzata ugualmente a permettere a fornitori di terze parti) ad utilizzare tali cookie o tecnologie simili al fine di raccogliere informazioni in merito alle attività di navigazione dell’Utente nel tempo e attraverso diversi siti internet durate l’utilizzo del Servizio. Il nostro Servizio attualmente non risponde ai segnali “Do not Track” (DNT) ed opera come descritto nella presente Politica sulla privacy, indipendentemente dalla ricezione o meno di segnali DNT. Qualora RiseSmart dovesse decidere di farlo in futuro, verrà fornita una descrizione completa delle modalità di tale decisione nella presente Politica sulla privacy.
Condivisione di informazioni con i Clienti dell’impresa
Se l’Utente utilizza il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che potrebbero comportare l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo all’evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata che sia (qui di seguito generalmente denominati “Dati relativi all’evoluzione dell’outplacement”). Puntualmente, RiseSmart potrebbe mettere a disposizione dell’Utente alcuni strumenti volti a permettergli di modificare i Dati relativi all’evoluzione dell’outplacement, che RiseSmart è autorizzata a condividere con il cliente dell’impresa. Se l’Utente utilizza il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’evoluzione della carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che potrebbero comportare l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo all’evoluzione della ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in tutti i casi in forma aggregata (qui di seguito collettivamente denominati “Dati relativi all’evoluzione della carriera”). Puntualmente, RiseSmart potrebbe mettere a disposizione dell’Utente alcuni strumenti volti a permettergli di modificare i Dati relativi all’evoluzione della carriera, che RiseSmart è autorizzata a condividere con il cliente dell’impresa. Per qualsiasi domanda o dubbio in merito ai Dati relativi all’evoluzione dell’outplacement o ai dati relativi all’assistenza alla carriera che RiseSmart è autorizzata a condividere con il cliente dell’impresa, invitiamo i gentil Utenti a contattare user.support@risesmart.com (informazioni dettagliate di seguito).
Altri usi e condivisione delle informazioni Utente
Nei limiti del campo di applicazione del Servizio, RiseSmart è autorizzata a raccogliere, trasmettere e utilizzare i dati personali dei propri utenti al fine di garantire l’erogazione del suo Servizio, incluso senza limitazioni al fine di determinare il tipo di assistenza particolare che l’Utente desidera ottenere da parte del Servizio, e, qualora l’Utente in questione sia un cercatore di lavoro, di offrirgli suggestioni di lavoro, formazioni sulla ricerca di lavoro, assistenza alla redazione del curriculum e/o altri tipi di assistenza. RiseSmart è inoltre autorizzata ad utilizzare i Dati personali e altre informazioni (a) per identificare e autenticare l’Utente, e.g. per permettergli l’accesso all’account del Servizio e la comunicazione dell’Utente con il personale di RiseSmart, o (b) a livello interno al fine di intensificare o migliorare l’attività del Servizio di RiseSmart per l’account dell’Utente, effettuare rapporti interni sull’efficienza del Servizio al management RiseSmart, svolgere formazioni a livello interno e in generale gestire le attività di RiseSmart.
Inoltre, qualora l’Utente fornisca Dati personali o altre informazioni per ragioni specifiche, RiseSmart è autorizzata a utilizzare i dati personali o altre informazioni in rapporto con la ragione per cui tali informazioni sono state fornite. Ad esempio, qualora l’Utente contatti RiseSmart via e-mail, RiseSmart sarà autorizzata ad utilizzare i Dati personali forniti al fine di rispondere alle domande dell’Utente o a risolvere il problema de egli sollevato.
RiseSmart è inoltre autorizzata a utilizzare e a condividere i Dati personali dell’Utente e altre informazioni raccolte durante il Servizio, secondo le seguenti modalità:
- RiseSmart è autorizzata a utilizzare i Dati personali e altre informazioni al fine di migliorare il Contenuto e la funzionalità del Servizio, migliorare la sua comprensione degli Utenti di RiseSmart e migliorare il Servizio.
- Poiché RiseSmart sviluppa le proprie attività, è probabile che RiseSmart proceda alla vendita o all’acquisto di attività o capitali. Nell’eventualità di un’acquisizione aziendale, di una fusione, di una riorganizzazione, dissoluzione o evento simile, i Dati personali e altre informazioni potrebbero essere far parte dei beni trasferiti.
- RiseSmart è autorizzata a condividere i Dati personali e altre informazioni con gli affiliati di RiseSmart, per fini coerenti con la sua Politica sulla privacy.
- RiseSmart, come molte altre imprese, ingaggia puntualmente altre aziende al fine di eseguire alcune funzioni relative all’attività, incluse le statistiche. Nell’ingaggiare altre aziende al fine di eseguire funzioni specifiche per suo conto, RiseSmart è autorizzata a fornire loro i Dati personali dei suoi utenti e altre informazioni nella misura necessaria o utile al fine di eseguire tali funzioni specifiche. Questi fornitori di servizi includono aziende che ospitano i nostri server, forniscono ai nostri clienti strumenti di gestione, strumenti di comunicazione, e servizi volti a individuare e prevenire la frode.
- RiseSmart è autorizzata a divulgare i Dati personali dell’Utente e altre informazioni se richiesto dalla legge o in buona fede se ritiene che tale azione sia necessaria al fine di (i) conformarsi a qualsiasi obbligo legale, (ii) proteggere e difendere i diritti o la proprietà di RiseSmart, (iii) agire in circostanze urgenti al fine di proteggere la sicurezza personale degli utenti del Servizio o del pubblico, o (iv) proteggere da eventuali responsabilità legali.
Dati personali aggregati
In un continuo sforzo per comprendere al meglio ed erogare un migliore Servizio possibile ai propri Utenti, RiseSmart conduce regolarmente ricerche sulle informazioni demografiche, gli interessi e i comportamenti dei propri Utenti, basandosi sui Dati personali o su altre informazioni da essi fornite a RiseSmart. Questa ricerca e le altre misurazioni o analisi sui comportamenti, i risultati o le recensioni dell’Utente possono essere compilati e analizzati su base aggregata, e RiseSmart è autorizzata a condividere tali dati aggregati con i suoi affiliati, agenti o partner commerciali. Queste informazioni aggregate non permettono l’identificazione personale dell’Utente a cui appartengono. RiseSmart è inoltre autorizzata a divulgare le statistiche che concernono l’Utente, al fine di descrivere i servizi di RiseSmart ai propri partner commerciai attuali o potenziali, e a terze parti per altri fini leciti.
Gestione delle informazioni
RiseSmart è autorizzata a ricevere o inserire tutte le informazioni personali dell’Utente o altre informazioni in forma digitale. RiseSmart è autorizzata a riunire tutti i Dati personali e altre informazioni che riguardano l’Utente in unico un record di database proprietario, nonché a conservarli in server ospitati negli Stati Uniti o in altri Paesi. L’Utente ha il diritto di accertarsi che i dati personali in possesso di RiseSmart siano attendibili. Con l’obiettivo di garantire tale attendibilità, RiseSmart è autorizzata a suggerire o a esigere da parte dell’Utente la revisione di un riassunto dei propri dati personali e di altre informazioni presenti sul suo account, e a confermare o a correggere eventualmente tali informazioni.
Il personale di RiseSmart è autorizzato ad accedere all’account dell’Utente, a determinare bisogni e punti di azione, e, se l’Utente è un cercatore di lavoro, a pubblicare suggestioni di lavoro da qualsiasi ufficio o luogo di lavoro o di viaggio.
RiseSmart adotta ragionevoli provvedimenti per proteggere i Dati personali e altre informazioni fornite via il Servizio da perdite, uso improprio e accesso non autorizzato, divulgazione, alterazione o distruzione. Cionondimeno, nessuna trasmissione via internet o e-mail può essere considerata sempre completamente sicura e protetta da eventuali errori. In particolare, le e-mail o altre trasmissioni inviate a o dal Servizio potrebbero non essere sicure. Pertanto, invitiamo il gentile Utente a prendere le dovute precauzioni nel decidere quali informazioni inviare a RiseSmart via e-mail o tramite qualsiasi altro mezzo di trasmissione.
Link verso altri siti web
La presente Politica sulla privacy si applica unicamente al Servizio. Il Servizio potrebbe contenere link verso altri siti web non gestiti né controllati da RiseSmart (i “Siti di terze parti”). Le politiche e le procedure qui descritte non si applicano ai Siti di terze parti. I link presenti sul Servizio non implicano che RiseSmart appoggi o abbiano verificato i Siti di terze parti. RiseSmart consiglia ai gentili Utenti di contattare direttamente questi siti per maggiori informazioni in merito alle loro politiche sulla privacy.
Informazioni pubbliche
Qualora l’Utente fornisca informazioni personali non richieste a RiseSmart attraverso il Servizio o altri mezzi, quali la pubblicazione di informazioni in zone pubbliche del Servizio, tali informazioni verranno ritenute non confidenziali. RiseSmart è libera di riprodurre, divulgare e distribuire tali informazioni non richieste a terzi senza limitazioni o attribuzioni alcune. Qualsiasi informazione pubblicata in zone pubbliche è accessibile e può essere registrata da chiunque acceda al Sito da qualunque parte del mondo.
Bambini
RiseSmart non è un servizio destinato ai bambini al di sotto dei 13 anni, e RiseSmart non è autorizzata a raccogliere informazioni su si essi.
Modifiche della presente Politica sulla privacy
Il Servizio e le attività di RiseSmart potrebbero cambiare occasionalmente. Pertanto, RiseSmart potrebbe necessitare di modificare puntualmente la presente Politica sulla privacy. RiseSmart si riserva il diritto di aggiornare o modificare la presente Politica sulla privacy in qualsiasi momento e occasionalmente senza previa notifica. Invitiamo i gentili Utenti a consultare la presente Politica regolarmente, e in particolare prima di fornire qualsiasi dato personale. La presente Politica sulla privacy è stata aggiornata per l’ultima volta alla data indicata di seguito. L’uso prolungato del Servizio dopo qualsiasi modifica o revisione della presente Politica sulla privacy verrà considerata come una tacita accettazione dei termini di tale Politica sulla privacy modificata.
Contattare RiseSmart
Al fine di garantire l’attendibilità, la completezza dei dati personali e di mantenerli aggiornati, invitiamo il gentile Utente a contattare RiseSmart come segue. RiseSmart prenderà ragionevoli provvedimenti volti ad aggiornare o correggere dati personali in nostro possesso, forniti precedentemente dall’Utente attraverso il Servizio.
Qualora sorgano domande o dubbi in merito alla presente Politica sulla privacy o ad altre questioni relative alla privacy, invitiamo l’Utente a contattare l’agente responsabile delle questioni di privacy di RiseSmart, al seguente indirizzo:
Ufficio privacy
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
E-mail: user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
E-mail: user.support@risesmart.com
Gli utenti residenti nell’area economica europea (SEE) e in Svizzera hanno il diritto di sporgere denuncia presso l’autorità di vigilanza preposta alla protezione dei dati nel proprio Paese.
Entrata in vigore in data 18 gennaio 2019
Effective May 13th 2019 to July 15th 2019
DownloadTable of Contents
POLITICA SULLA PRIVACY DI RISESMART
RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (così denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai relativi Termini di servizio (ubicati all’indirizzo http://www.RiseSmart.com/terms-conditions) (i “TOS”) e alla presente Politica sulla privacy. Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (tra cui la gestione dei file e i servizi analitici), le tecnologie connesse e (c) tutti i software i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (qui di seguito generalmente denominati “Contenuti”).
RiseSmart effettua il controllo dati per tutte le informazioni raccolte e trattate tramite il Servizio. Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai TOS e alla presente Politica sulla privacy. La presente Politica sulla privacy stabilisce la politica di RiseSmart concernente il rispetto delle informazioni personali identificabili (“Dati personali”) e altre informazioni raccolte, trasmesse o comunque utilizzate in rapporto con il Servizio. I dati anonimi, che potrebbero essere raccolti durante l’utilizzo del Servizio da parte dell’Utente, non sono inclusi nella categoria “Dati personali.”
Il consenso dell’Utente
Fornendo volontariamente e RiseSmart dati personali o comunque usufruendo del Servizio, l’Utente riconosce e acconsente che RiseSmart raccolga, trasmetta e utilizzi i suoi Dati personali e altre informazioni come descritto qui di seguito in questa Politica sulla privacy e in tutte le altre segnalazioni fornite puntualmente da RiseSmart in relazione con in Servizio. L’Utente ha la facoltà di revocare tale autorizzazione e di esigere che l’informazione de esso fornita a RiseSmart venga eliminata.
Dati personali ricevuti dal cliente
Qualora l’Utente desideri usufruire del Servizio, RiseSmart gli richiederà di fornire direttamente a RiseSmart i propri Dati personali. RiseSmart riceverà da ogni Utente:
- nome, professione attuale o recente, nome dell’azienda, numero di telefono, indirizzo, indirizzo e-mail e altre informazioni identificative o di contatto;
- la cronologia del percorso professionale, educativo e formativo dell’Utente, altre qualifiche, obiettivi di impiego, aspettative di retribuzione, interessi e altre informazioni anagrafiche e relative alla carriera;
- le informazioni relative alla progressione dei milestone e all’avanzamento della carriera e delle ricerche di impiego; e
- informazioni relative al livello di soddisfazione cliente dell’Utente, o ad altri riscontri relativi all’evoluzione della carriera, alla ricerca di un impiego e al Servizio.
Inoltre, quando l’Utente interagisce con RiseSmart tramite il Servizio, RiseSmart è autorizzata a raccogliere Dati personali e informazioni che lo riguardano, quando queste sono fornite volontariamente da parte dell’Utente, come nel caso in cui egli contatti RiseSmart per qualsiasi richiesta o compili uno dei sondaggi di RiseSmart.
Ad ogni Utente verrà richiesto di fornire Dati personali tramite svariati canali in relazione con il Servizio, incluso tramite attivazione del suo account per il Servizio, via registrazione online o su carta stampata, come il suo curriculum, la sua checklist e i questionari completati per RiseSmart, le formazioni, le sessioni di counseling, le discussioni, gli scambi via e-mail e altri canali. Il Servizio è autorizzato inoltre a raccogliere l’indirizzo IP (Internet Protocol) dell’Utente.
Per l’account personale che ogni Utente può creare sul Servizio, RiseSmart è autorizzata a chiedere di impostare un unico nome utente, un’unica password e domanda di sicurezza, nonché a utilizzare queste informazioni di accesso al fine di accedere al suo account. L’Utente accetta di proteggere la segretezza del nome utente, della password e della domanda di sicurezza, e qualora l’Utente non possa più garantire tale segretezza, egli verrà tenuto come unico responsabile per qualsiasi utilizzo che ne risulti, e per qualsiasi furto, alterazione, uso improprio, divulgazione o altri danni in rapporto con i suoi Dati personali e altre informazioni.
L’Utente è autorizzato a esigere l’accesso ai dati forniti a RiseSmart. La richiesta di accesso va inviata al seguente indirizzo: user.support@risesmart.com. RiseSmart si impegna a rispondere a tale richiesta di accesso entro 30 giorni.
Dati personali ricevuti da un cliente dell’impresa
You represent and warrant to RiseSmart tL’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi o gli ex dipendenti del cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) successivamente indicati come “Impegni verso il Cliente dell’Impresa) . RiseSmart, in adeguamento con gli Impegni verso il Cliente dell’impresa, riceve dal cliente dell’impresa una lista di persone ammissibili al Servizio. Se ammissibile, la lista cliente dell’impresa deve includere il nome dell’Utente, la sua professione attuale o recente, l’indirizzo postale, il numero di telefono, l’indirizzo e-mail, l’unità o il dipartimento aziendale, e altri Dati personali.
RiseSmart elabora come descritto le informazioni relative ad ogni Utente per il suo legittimo interesse, fornendogli un servizio resogli accessibile dal suo datore di lavoro o ex datore di lavoro. RiseSmart utilizza i Dati personali ricevuti dai clienti di un’impresa al fine di contattare i partecipanti ammissibili.
Trasferimenti internazionali dei Dati personali
Se l’Utente o il cliente di un’impresa fornisce Dati personali in relazione con il Servizio, l’Utente riconosce e accetta che tali Dati personali possano essere trasferiti dalla posizione del cliente dell’Utente o dell’impresa verso le sedi e i server di RiseSmart e verso terze parti autorizzate qui citate, sul territorio degli Stati Uniti o di altri Paesi.
Informazioni complementari e Uso dei cookie
Quando un utente interagisce con RiseSmart tramite il Servizio, RiseSmart riceve e conserva alcune informazioni personalmente non identificabili. Tali informazioni, raccolte passivamente a mezzo di svariate tecnologie, non possono essere utilizzate per identificare personalmente l’Utente. Inoltre, il Servizio è autorizzato a raccogliere altre informazioni personalmente non identificabili, a fini funzionali per il Servizio (e.g. la raccolta di risposte ai questionari che non contengono informazioni personalmente identificabili). RiseSmart è autorizzata a conservare tali informazioni o queste informazioni potrebbero essere inserite in un database di proprietà e gestione di RiseSmart o di fornitori d’accesso. Il Servizio è autorizzato a utilizzare tali informazioni e riunirle insieme ad altre informazioni al fine di individuare, ad esempio, il numero totale di visitatori del Sito o del Servizio, il numero di visitatori per ogni pagina del Sito o del Servizio e i nomi di dominio dei fornitori d’accesso internet dei visitatori di RiseSmart. È importante notare che nessun Dato personale è disponibile o utilizzato in questo processo, salvo qualora l’Utente o il cliente di un’impresa lo fornisca volontariamente, come sopra esposto.
A scopi funzionali per il Servizio, RiseSmart potrebbe fare ricorso a una tecnologia chiamata “cookie.” Un cookie consiste in un’informazione che il computer che ospita il Servizio trasmette al browser dell’utente quando accede al Servizio. I cookie di RiseSmart migliorano la funzionalità del Servizio e contribuiscono a rendere più attendibili le analisi del Servizio da parte di RiseSmart. Ad esempio, il Servizio potrebbe installare un cookie sul navigatore dell’utente, che gli permette di accedere al Servizio senza che sia necessario inserire la password più volte durante la visita al Servizio. Qualora RiseSmart utilizzi dei cookie, RiseSmart si impegna a raccogliere informazioni personali unicamente con il permesso dell’Utente.
RiseSmart è autorizzata (ed è autorizzata ugualmente a permettere a fornitori di terze parti) ad utilizzare tali cookie o tecnologie simili al fine di raccogliere informazioni in merito alle attività di navigazione dell’Utente nel tempo e attraverso diversi siti internet durate l’utilizzo del Servizio. Il nostro Servizio attualmente non risponde ai segnali “Do not Track” (DNT) ed opera come descritto nella presente Politica sulla privacy, indipendentemente dalla ricezione o meno di segnali DNT. Qualora RiseSmart dovesse decidere di farlo in futuro, verrà fornita una descrizione completa delle modalità di tale decisione nella presente Politica sulla privacy.
Condivisione di informazioni con i Clienti dell’impresa
Se l’Utente utilizza il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che potrebbero comportare l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo all’evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata che sia (qui di seguito generalmente denominati “Dati relativi all’evoluzione dell’outplacement”). Puntualmente, RiseSmart potrebbe mettere a disposizione dell’Utente alcuni strumenti volti a permettergli di modificare i Dati relativi all’evoluzione dell’outplacement, che RiseSmart è autorizzata a condividere con il cliente dell’impresa. Se l’Utente utilizza il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’evoluzione della carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che potrebbero comportare l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo all’evoluzione della ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in tutti i casi in forma aggregata (qui di seguito collettivamente denominati “Dati relativi all’evoluzione della carriera”). Puntualmente, RiseSmart potrebbe mettere a disposizione dell’Utente alcuni strumenti volti a permettergli di modificare i Dati relativi all’evoluzione della carriera, che RiseSmart è autorizzata a condividere con il cliente dell’impresa. Per qualsiasi domanda o dubbio in merito ai Dati relativi all’evoluzione dell’outplacement o ai dati relativi all’assistenza alla carriera che RiseSmart è autorizzata a condividere con il cliente dell’impresa, invitiamo i gentil Utenti a contattare user.support@risesmart.com (informazioni dettagliate di seguito).
Altri usi e condivisione delle informazioni Utente
Nei limiti del campo di applicazione del Servizio, RiseSmart è autorizzata a raccogliere, trasmettere e utilizzare i dati personali dei propri utenti al fine di garantire l’erogazione del suo Servizio, incluso senza limitazioni al fine di determinare il tipo di assistenza particolare che l’Utente desidera ottenere da parte del Servizio, e, qualora l’Utente in questione sia un cercatore di lavoro, di offrirgli suggestioni di lavoro, formazioni sulla ricerca di lavoro, assistenza alla redazione del curriculum e/o altri tipi di assistenza. RiseSmart è inoltre autorizzata ad utilizzare i Dati personali e altre informazioni (a) per identificare e autenticare l’Utente, e.g. per permettergli l’accesso all’account del Servizio e la comunicazione dell’Utente con il personale di RiseSmart, o (b) a livello interno al fine di intensificare o migliorare l’attività del Servizio di RiseSmart per l’account dell’Utente, effettuare rapporti interni sull’efficienza del Servizio al management RiseSmart, svolgere formazioni a livello interno e in generale gestire le attività di RiseSmart.
Inoltre, qualora l’Utente fornisca Dati personali o altre informazioni per ragioni specifiche, RiseSmart è autorizzata a utilizzare i dati personali o altre informazioni in rapporto con la ragione per cui tali informazioni sono state fornite. Ad esempio, qualora l’Utente contatti RiseSmart via e-mail, RiseSmart sarà autorizzata ad utilizzare i Dati personali forniti al fine di rispondere alle domande dell’Utente o a risolvere il problema de egli sollevato.
RiseSmart è inoltre autorizzata a utilizzare e a condividere i Dati personali dell’Utente e altre informazioni raccolte durante il Servizio, secondo le seguenti modalità:
- RiseSmart è autorizzata a utilizzare i Dati personali e altre informazioni al fine di migliorare il Contenuto e la funzionalità del Servizio, migliorare la sua comprensione degli Utenti di RiseSmart e migliorare il Servizio.
- Poiché RiseSmart sviluppa le proprie attività, è probabile che RiseSmart proceda alla vendita o all’acquisto di attività o capitali. Nell’eventualità di un’acquisizione aziendale, di una fusione, di una riorganizzazione, dissoluzione o evento simile, i Dati personali e altre informazioni potrebbero essere far parte dei beni trasferiti.
- RiseSmart è autorizzata a condividere i Dati personali e altre informazioni con gli affiliati di RiseSmart, per fini coerenti con la sua Politica sulla privacy.
- RiseSmart, come molte altre imprese, ingaggia puntualmente altre aziende al fine di eseguire alcune funzioni relative all’attività, incluse le statistiche. Nell’ingaggiare altre aziende al fine di eseguire funzioni specifiche per suo conto, RiseSmart è autorizzata a fornire loro i Dati personali dei suoi utenti e altre informazioni nella misura necessaria o utile al fine di eseguire tali funzioni specifiche. Questi fornitori di servizi includono aziende che ospitano i nostri server, forniscono ai nostri clienti strumenti di gestione, strumenti di comunicazione, e servizi volti a individuare e prevenire la frode.
- RiseSmart è autorizzata a divulgare i Dati personali dell’Utente e altre informazioni se richiesto dalla legge o in buona fede se ritiene che tale azione sia necessaria al fine di (i) conformarsi a qualsiasi obbligo legale, (ii) proteggere e difendere i diritti o la proprietà di RiseSmart, (iii) agire in circostanze urgenti al fine di proteggere la sicurezza personale degli utenti del Servizio o del pubblico, o (iv) proteggere da eventuali responsabilità legali.
Dati personali aggregati
In un continuo sforzo per comprendere al meglio ed erogare un migliore Servizio possibile ai propri Utenti, RiseSmart conduce regolarmente ricerche sulle informazioni demografiche, gli interessi e i comportamenti dei propri Utenti, basandosi sui Dati personali o su altre informazioni da essi fornite a RiseSmart. Questa ricerca e le altre misurazioni o analisi sui comportamenti, i risultati o le recensioni dell’Utente possono essere compilati e analizzati su base aggregata, e RiseSmart è autorizzata a condividere tali dati aggregati con i suoi affiliati, agenti o partner commerciali. Queste informazioni aggregate non permettono l’identificazione personale dell’Utente a cui appartengono. RiseSmart è inoltre autorizzata a divulgare le statistiche che concernono l’Utente, al fine di descrivere i servizi di RiseSmart ai propri partner commerciai attuali o potenziali, e a terze parti per altri fini leciti.
Gestione delle informazioni
RiseSmart è autorizzata a ricevere o inserire tutte le informazioni personali dell’Utente o altre informazioni in forma digitale. RiseSmart è autorizzata a riunire tutti i Dati personali e altre informazioni che riguardano l’Utente in unico un record di database proprietario, nonché a conservarli in server ospitati negli Stati Uniti o in altri Paesi. L’Utente ha il diritto di accertarsi che i dati personali in possesso di RiseSmart siano attendibili. Con l’obiettivo di garantire tale attendibilità, RiseSmart è autorizzata a suggerire o a esigere da parte dell’Utente la revisione di un riassunto dei propri dati personali e di altre informazioni presenti sul suo account, e a confermare o a correggere eventualmente tali informazioni.
Il personale di RiseSmart è autorizzato ad accedere all’account dell’Utente, a determinare bisogni e punti di azione, e, se l’Utente è un cercatore di lavoro, a pubblicare suggestioni di lavoro da qualsiasi ufficio o luogo di lavoro o di viaggio.
RiseSmart adotta ragionevoli provvedimenti per proteggere i Dati personali e altre informazioni fornite via il Servizio da perdite, uso improprio e accesso non autorizzato, divulgazione, alterazione o distruzione. Cionondimeno, nessuna trasmissione via internet o e-mail può essere considerata sempre completamente sicura e protetta da eventuali errori. In particolare, le e-mail o altre trasmissioni inviate a o dal Servizio potrebbero non essere sicure. Pertanto, invitiamo il gentile Utente a prendere le dovute precauzioni nel decidere quali informazioni inviare a RiseSmart via e-mail o tramite qualsiasi altro mezzo di trasmissione.
Link verso altri siti web
La presente Politica sulla privacy si applica unicamente al Servizio. Il Servizio potrebbe contenere link verso altri siti web non gestiti né controllati da RiseSmart (i “Siti di terze parti”). Le politiche e le procedure qui descritte non si applicano ai Siti di terze parti. I link presenti sul Servizio non implicano che RiseSmart appoggi o abbiano verificato i Siti di terze parti. RiseSmart consiglia ai gentili Utenti di contattare direttamente questi siti per maggiori informazioni in merito alle loro politiche sulla privacy.
Informazioni pubbliche
Qualora l’Utente fornisca informazioni personali non richieste a RiseSmart attraverso il Servizio o altri mezzi, quali la pubblicazione di informazioni in zone pubbliche del Servizio, tali informazioni verranno ritenute non confidenziali. RiseSmart è libera di riprodurre, divulgare e distribuire tali informazioni non richieste a terzi senza limitazioni o attribuzioni alcune. Qualsiasi informazione pubblicata in zone pubbliche è accessibile e può essere registrata da chiunque acceda al Sito da qualunque parte del mondo.
Bambini
RiseSmart non è un servizio destinato ai bambini al di sotto dei 13 anni, e RiseSmart non è autorizzata a raccogliere informazioni su si essi.
Modifiche della presente Politica sulla privacy
Il Servizio e le attività di RiseSmart potrebbero cambiare occasionalmente. Pertanto, RiseSmart potrebbe necessitare di modificare puntualmente la presente Politica sulla privacy. RiseSmart si riserva il diritto di aggiornare o modificare la presente Politica sulla privacy in qualsiasi momento e occasionalmente senza previa notifica. Invitiamo i gentili Utenti a consultare la presente Politica regolarmente, e in particolare prima di fornire qualsiasi dato personale. La presente Politica sulla privacy è stata aggiornata per l’ultima volta alla data indicata di seguito. L’uso prolungato del Servizio dopo qualsiasi modifica o revisione della presente Politica sulla privacy verrà considerata come una tacita accettazione dei termini di tale Politica sulla privacy modificata.
Contattare RiseSmart
Al fine di garantire l’attendibilità, la completezza dei dati personali e di mantenerli aggiornati, invitiamo il gentile Utente a contattare RiseSmart come segue. RiseSmart prenderà ragionevoli provvedimenti volti ad aggiornare o correggere dati personali in nostro possesso, forniti precedentemente dall’Utente attraverso il Servizio.
Qualora sorgano domande o dubbi in merito alla presente Politica sulla privacy o ad altre questioni relative alla privacy, invitiamo l’Utente a contattare l’agente responsabile delle questioni di privacy di RiseSmart, al seguente indirizzo:
Ufficio privacy
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
E-mail: user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
E-mail: user.support@risesmart.com
Gli utenti residenti nell’area economica europea (SEE) e in Svizzera hanno il diritto di sporgere denuncia presso l’autorità di vigilanza preposta alla protezione dei dati nel proprio Paese.
Entrata in vigore in data 18 gennaio 2019
서비스 약관
Effective July 15th 2019
DownloadTable of Contents
서비스 약관
1. 약관의 수락.
1.1 RiseSmart, Inc. 및 그 계열사(통칭하여, ‘당사’라 함)는 본 서비스 약관(본 ‘약관’이라 함)에 의거하여 당사가 관리하는 웹사이트(http://www.RiseSmart.com에 있는 사이트를 포함하되 이에 한정되지 않음)(통칭하여, ‘사이트’라 함)를 통해 사용자에게 당사의 서비스(아래 정의됨)를 제공합니다. 본 약관을 수락하거나 서비스 또는 사이트에 액세스 또는 이를 이용하면 사용자는 본 약관을 읽고 이해했으며 이에 구속되는 데 동의함을 확인하게 됩니다. 본 약관에 동의하지 않을 경우 사용자는 본 약관을 수락해서는 안되며 서비스를 이용할 수 없습니다.
1.2 당사는 사전 고지 없이 본 약관을 수시로 변경할 수 있습니다. 개정된 약관은 게시일로부터 효력이 발생하며, 사용자가 효력 발생일 이후에 서비스를 이용하는 경우 사용자가 개정된 약관을 수락한 것으로 간주됩니다. 본 약관에 대한 변경사항을 수락할 수 없는 경우, 사용자의 유일한 구제 조치는 서비스에 대한 액세스 및 이용을 중지하는 것입니다.
2. 서비스에 대한 설명.
‘서비스’에는 (a) 사이트, (b) 당사의 재취업 알선 및 경력 관리 서비스, 기타 관련 서비스(파일 관리 및 분석 서비스 포함), 관련 기술 및 애플리케이션(애플리케이션 및 서비스에 액세스할 수 있도록 허용하는 모바일 또는 기타 인터페이스를 통해 액세스한 애플리케이션 및 서비스를 포함하되 이에 한정되지 않음), 및 (c) 모든 소프트웨어(이하 정의에 따른 소프트웨어 포함), 자료, 포털, 추천, 직업 안내, 데이터, 보고서, 텍스트, 이미지, 사운드, 비디오, 분석 및 전술한 사항을 통해 제공된 기타 콘텐츠(통칭하여, ‘콘텐츠’라 함)가 포함됩니다. 서비스에 추가되거나 이를 보강하는 새로운 기능도 본 약관의 적용을 받습니다.
3. 일반 조건/서비스에 대한 액세스 및 이용
3.1 본 약관의 조건에 따라 사용자는 합법적인 목적에 한하여 서비스에 액세스하고 이를 이용할 수 있습니다. 서비스 및 그 구성요소에 대한 모든 권리, 소유권 및 이권은 당사에게 있으며 당사가 전적으로 소유합니다. 사용자는 다음과 같은 행위를 하지 않으며 제3자에게 이러한 행위를 허용해서는 안됩니다. (a) 서비스의 소스 코드를 복사, 복제, 수정, 삭제, 배포, 다운로드, 저장, 전송, 발행, 2차 저작물 생성, 리버스 엔지니어링, 리버스 어셈블하거나 직접 또는 간접적으로 달리 검색을 시도하는 행위, 서비스를 판매, 재이용 허가, 재판매, 임대, 이전, 양도 또는 타임 셰어링하거나 달리 상업적으로 활용 또는 제3자에게 제공하는 행위, (b) 서비스를 불법적인 방식(데이터, 개인정보 또는 수출 규제법의 위반을 포함하되 이에 한정되지 않음)으로 또는 서비스 또는 그 구성요소의 무결성 또는 성능을 저해하거나 방해하는 방식으로 이용하는 행위, (c) 서비스를 수정, 개조 또는 해킹하거나 달리 서비스 또는 관련 시스템이나 네트워크에 무단 액세스를 시도하는 행위, 또는 (d) 다른 웹사이트 또는 미디어(예: 네트워킹 환경)에서 콘텐츠를 사용하는 행위. 사용자는 서비스와 관련하여 당사가 사용자에게 제공하거나 발행하는 윤리 강령, 정책 또는 기타 고지 사항을 준수해야 하며, 서비스와 관련된 보안 위반 사실을 알게 되는 즉시 당사에 이를 알려야 합니다. 또한 사용자는 특정 서비스 이용 시 해당 서비스에 적용되는 추가 조건(당사의 개인정보보호방침을 포함하되 이에 한정되지 않고 서비스에 수시로 게시될 수 있음)을 준수해야 합니다.
3.2 서비스와 관련하여 당사가 제공할 수 있는 소프트웨어(‘소프트웨어’)에는 관련 지적재산 및 기타 법률의 보호를 받는 독점적인 기밀 정보가 포함됩니다. 본 약관의 조건에 따라 당사는 서비스와 관련된 경우에 한하여 단일 기기에서 소프트웨어의 오브젝트 코드(object code)를 사용할 수 있는 개인적이고 양도와 재판매가 불가능하며 비독점적인 권리와 라이선스를 사용자에 부여합니다. 사용자는 서비스에 액세스 시 사용하도록 당사가 제공한 인터페이스를 제외한 기타 방법으로는 서비스에 액세스하지 않기로 동의합니다. 본 약관에서 명시적으로 부여되지 않은 모든 권리는 유보되며, 서비스와 관련하여 당사 또는 제3자의 상표를 사용할 어떠한 라이선스 또는 권리도 사용자에게 부여되지 않습니다.
3.3 서비스와 관련하여 사용자가 업로드, 게시, 전달, 제공 또는 다른 방법으로 전송 또는 저장(이하 ‘전송’)하는 모든 데이터, 정보, 의견, 제안, 텍스트, 콘텐츠 및 기타 자료(‘사용자의 콘텐츠’)에 대한 책임은 전적으로 사용자에게 있습니다. 사용자는 서비스와 관련하여 사용자가 전송한 사용자의 콘텐츠가 (a) 정확하고, 진실하며, 합법적이고, 적절하며, 정직하고, 완전하며(사용자가 구직자 또는 경력 개발자로서 서비스를 이용하는 경우 사용자의 이력서, 신상 자료 및 고용 정보와 관련된 사항을 포함하되 이에 한정되지 않음), (b) 버그, 웜 또는 바이러스가 없음을 진술 및 보증합니다. 사용자는 사용자가 상기 내용을 위반한 것으로 간주되는 경우 또는 본 약관의 기타 조건에 따라 당사가 사용자의 콘텐츠를 서비스에서 삭제할 수 있음에 동의합니다. 사용자는 사용자의 로그인, 비밀번호 및 계정의 비밀 유지와 사용자의 로그인 또는 계정에서 발생하는 모든 활동에 대한 책임이 있습니다. 당사는 사용자의 기술 지원 요청에 응답할 수 있도록 사용자의 계정에 액세스할 권리를 보유합니다. 사용자는 서비스를 통해 사용자의 콘텐츠를 전송함으로써 서비스와 관련하여 사용자의 콘텐츠를 사용, 수정, 복제, 배포, 전시, 발행, 및 수행할 수 있는 전 세계적, 비독점적, 영구적, 취소불능, 저작권 사용료 없는, 완납된 서브라이선스 및 양도 가능한 라이선스를 당사에 부여합니다. 당사는 서비스, 콘텐츠 또는 사용자의 콘텐츠를 선별 또는 모니터링할 권리(의무는 아님)를 보유합니다. 사용자는 당사가 어떠한 이유로든(해당 콘텐츠와 관련하여 제3자 또는 당국으로부터 소송이나 주장을 수령한 경우를 포함하되 이에 한정되지 않음) 또는 이유 없이 언제든지 콘텐츠를 삭제하거나 사용 중지할 수 있음에 동의합니다.
3.4 사용자는 사용자의 콘텐츠를 포함한 서비스의 운영이 암호화되지 않을 수 있고, (a) 다양한 네트워크를 통한 전송, (b) 네트워크 또는 기기 연결의 기술 요구사항을 준수하고 적용하기 위한 변경, (c) 필요한 하드웨어, 소프트웨어, 네트워킹, 스토리지 및 서비스의 운영 및 유지 관리에 필요한 관련 기술을 제공하기 위한 당사의 타사 공급업체 및 호스팅 파트너에 대한 전송 및 (d) 사용자에게 서비스를 제공하는 것과 관련된 다른 제3자에 대한 전송과 관련될 수 있음을 이해합니다. 따라서 사용자는 사용자의 콘텐츠에 대한 적절한 보안, 보호 및 백업에 대한 책임은 전적으로 사용자에게 있음을 인정합니다. 당사는 사용자의 콘텐츠에 대한 무단 액세스 또는 사용, 사용자의 콘텐츠 손상, 삭제, 파기 또는 손실에 대해 사용자에게 어떠한 책임도 지지 않습니다.
3.5 사용자가 구직자 또는 경력 개발자인 경우, 사용자는 서비스를 통해 제공되거나 획득한 직업 기회 및 기타 정보를 관리하는 데 있어 본인의 판단, 주의 및 상식을 활용하기로 하며, 서비스를 통해 제공된 모든 콘텐츠(직업 안내 또는 경력 조언 또는 추천 포함)를 신뢰하고 사용하는 데 대한 책임은 전적으로 사용자에게 있음에 동의합니다.
3.6 당사가 본 약관의 권리 또는 조항을 행사 또는 집행하지 못하는 경우에도 해당 권리를 포기하는 것으로 간주되지 않습니다. 사용자는 본 약관이 사용자와 당사가 자필로 서명한 약관이 아닌 전자 서명에 의한 약관임에도 불구하고 사용자와 당사 간의 계약이며, 사용자의 서비스 이용을 규율하며 이전에 사용자와 당사 간에 체결된 유사한 계약을 대체함을 인정합니다.
3.7 사용자는 당사의 기업 고객이 당사와 계약을 체결하여 (a) 해당 기업 고객과 고용관계가 해제되었거나 해제될 예정인 직원들 중 서비스를 이용해 직업을 탐색하고 있는 법인 기업의 현직 및/또는 전직 직원을 지원(‘재취업 알선 지원’)하거나 (b) 서비스를 이용해 경력을 개발 중인 기업 고객의 현직 직원을 지원(‘경력 개발 지원’), ((a)와 (b)를 통칭하여, ‘기업 고객 약정사항’이라 함)하도록 할 수 있음을 인정합니다. 사용자가 재취업 알선 지원을 위해 기업 고객 약정에 따라 서비스를 사용할 경우, 당사는 진행상황 보고서는 물론 사용자를 식별하고 사용자의 서비스 이용이나 서비스 이용 범위, 주요 진행상황 및 직업 탐색 상황, 서비스와 관련된 고객만족이나 기타 피드백을 알 수 있는 정보를 각각 또는 통합하여 기업 고객 측에 제공할 수 있습니다. 사용자가 경력 개발 지원을 위해 기업 고객 약정에 따라 서비스를 사용할 경우, 당사는 진행상황 보고서는 물론 사용자를 식별하고 사용자의 서비스 이용이나 서비스 이용 범위, 주요 진행상황 및 직업 탐색 상황, 서비스와 관련된 고객만족이나 기타 피드백을 알 수 있는 정보를 통합하여 기업 고객 측에 제공할 수 있습니다. 기업 고객 약정과 관련하여 사용자와 기업 고객이 제공한 정보에 관한 당사의 수집, 이용 및 공유에 관한 자세한 정보는 당사의 개인정보보호방침을 참고하시기 바랍니다.
3.8 기업 고객 약정에 따라 서비스를 이용하는 경우, 사용자는 사용자에게 제공된 서비스가 어떤 경우에도 서비스에 대한 액세스 권한을 사용자에게 부여한 기업 고객 약정의 범위, 기간 또는 기타 제한을 벗어나지 않을 것을 인정합니다.
사용자는 당사가 (a) 서비스의 사용에 관한 일반 관행 및 제한(콘텐츠 또는 사용자의 콘텐츠가 서비스에 의해 보관되는 최대 기간 및 사용자를 위해 할당된 최대 저장 공간을 포함하되 이에 한정되지 않음)을 설정할 수 있고, (b) 당사는 서비스에 의해 유지 관리되거나 서비스에 업로드된 콘텐츠 또는 사용자의 콘텐츠가 삭제되거나 저장되지 않은 경우 이에 대해 어떠한 책임도 지지 않으며, (c) 법률에 의해 요구되거나 보존 또는 공개가 (i) 법적 절차, 관련 법률 또는 정부 요청을 준수하기 위해, (ii) 본 약관을 이행하기 위해, (iii) 콘텐츠 또는 사용자의 콘텐츠가 제3자의 권리를 위반한다는 주장에 대응하기 위해, 또는 (iv) 당사, 그 사용자 및 대중의 권리, 재산 또는 개인 안전을 보호하기 위해 합리적으로 필요하다고 확신하는 경우 콘텐츠 또는 사용자의 콘텐츠를 보존할 수 있고, 이를 공개할 수도 있음에 동의합니다. 사용자는 당사가 언제든지 어떠한 이유(콘텐츠 또는 사용자의 콘텐츠와 관련한 제3자 또는 당국으로부터의 소송 또는 주장을 수령한 경우를 포함하되 이에 한정되지 않음)로 또는 아무런 이유 없이 콘텐츠 또는 사용자의 콘텐츠를 삭제 또는 사용 중지할 수 있음에 동의합니다.
4. 결제
서비스 또는 그 일부가 유료로 제공되는 경우(당사의 기업 고객이 달리 결제하지 않는 경우), 사용자는 요금제를 선택하고 신용 카드 또는 기타 결제 수단에 관한 정보를 당사에 제공해야 합니다. 사용자는 당사에 이와 같은 정보가 사실이며 사용자가 결제 수단을 사용할 권한을 가지고 있음을 진술 및 보증합니다. 사용자는 발생 가능성이 있는 변경 사항(예: 청구서 수신 주소 또는 신용 카드 만기일의 변경)을 포함하여 계정 정보를 신속하게 업데이트해야 합니다. 사용자는 결제 방법 및 본 약관의 조건에 따라 요금제에 명시된 금액을 당사에 지급하는 데 동의합니다. 사용자는 사용자가 계정을 해지할 때까지 당사가 해당 요금제의 조건에 따라 사용자의 결제 수단에 정기적으로 사전 청구할 수 있는 것을 승인하며, 사용자는 이와 같이 발생한 요금을 지불하는 데 동의합니다. 요금에 이의가 있는 경우 당사가 사용자에게 청구서를 발급한 날로부터 60일 내에 당사에 알려야 합니다. 당사는 언제라도 당사의 가격을 변경할 수 있는 권리를 보유합니다. 당사가 가격을 변경하는 경우 당사는 변경 사항이 효력을 발생하기 최소 30일 전에 당사의 선택에 따라 사이트 또는 이메일로 변경 사항에 대해 고지할 것입니다. 가격 변경이 효력을 발생한 후 서비스를 계속 사용하는 경우 이는 사용자가 변경된 요금을 지불하는 데 동의함을 의미합니다. 기업 고객 약정에 따라 서비스를 이용하는 경우 해당 기업 고객은 당사가 사용자에게 제공하는 것을 승인한 특정 서비스 패키지에 대한 요금을 청구받습니다.
5. 진술 및 보증.
사용자의 이용과 관련하여 사용자는 다음과 같은 행위를 하지 않기로 합니다. 모든 지역, 주 및 연방 규칙, 규정 및 법령(미국 수출법 및 규정, 차별 반대 또는 평등 고용법을 포함하되 이에 한정되지 않음)을 위반하는 행위, 특허, 저작권, 상표 또는 영업 비밀을 포함하되 이에 한정되지 않고 제3자의 지적 재산권 및 사생활 보호권을 침해하는 행위, 불법적이고, 불쾌하며, 명예를 훼손하는, 허위, 사기성, 오해의 소지가 있는, 유해하고, 위협적인, 괴롭히는, 외설적 또는 불쾌감을 주는 자료를 업로드, 게시, 전송 또는 저장하는 행위, 사용자의 계약상 또는 기밀 유지 의무를 위반하는 행위, 바이러스, 웜, 스크립트, 매크로 또는 유형을 불문한 유해한 코드의 게시 또는 전송, 반복적인 자료의 지속적인 게시 또는 비정상적으로 많은 양의 데이터 또는 허가받지 않은 광고 자료, 요청하지 않은 홍보 자료, ‘정크 메일, ‘스팸 메일’, ‘연쇄 편지(chain letters)’, 피라미드 방식, 프랜차이즈, 판매 대리점, 클럽 멤버십, 판매 약정 또는 달리 허용되지 않는 자료를 포함하되 이에 한정되지 않고 RiseSmart가 허용하지 않은 자료의 게시와 같이 서비스의 정상적인 운영을 방해하거나 중단시키는 행위, 다른 사람을 괴롭히거나 ‘스토킹’하거나, 요청하지 않은 이메일을 보내고, 다른 사람의 개인 정보를 수집하는 것을 포함하되 이에 한정되지 않고 서비스를 악용하여 타인의 사생활 보호권 또는 개인적인 권리를 침해하는 행위, 서비스의 보안 조치를 위반하거나 위반을 시도하는 행위, 당사의 사전 서면 동의 없이 기기, 프로세스 또는 메커니즘(예: 스파이더 또는 로봇)을 사용하여 서비스를 모니터링, 검색, 탐색 또는 액세스하는 행위, 서비스에 나열된 제3자의 계정 또는 로그인에 액세스하거나 액세스를 시도하는 행위, 이력서, 신상 자료 또는 고용 정보와 같은 자료에 대해 부정확하거나 허위이거나 불완전한 정보를 게시하거나 제출하는 행위, 개인 또는 법인의 신원을 도용하는 행위, 전자 우편이나 우편의 헤더 정보를 위조하는 행위. 또는 본인, 제3자와의 제휴 또는 사용자의 법인에 대해 허위 진술하는 행위.
6. 해지.
사용자는 사이트에 명시되거나 해당하는 경우 사용자에게 별도로 제공되는 절차에 따라 사용자의 계정을 언제든지 해지할 권리가 있습니다. 기업 고객 약정에 따라 서비스를 사용하는 경우 사용자는 기업 고객 약정의 만료 또는 해지 시 해당 서비스에 대한 사용자의 액세스 권한이 만료됨을 인정합니다. 당사는 (i) 서비스(또는 그 일부)를 일시적 또는 영구적으로 수정 또는 중단하고 (ii) 서비스의 현재 및 향후의 모든 사용을 거부하고, 사용자 계정(또는 그 일부) 또는 서비스의 사용을 일시 중지하거나 해지하고, 사용자가 본 약관을 위반했다고 당사가 판단하는 경우를 포함하여 어떤 이유로든 사용자의 콘텐츠를 서비스에서 삭제하고 취소할 수 있는 권리를 보유합니다. 당사는 서비스의 수정, 일시 중지 또는 중단에 대해 사용자 또는 제3자에게 책임을 지지 않습니다. 당사가 사용자의 계정을 일시 중지 또는 해지하기 전에 당사는 사용자에게 연락을 취해 알려드리도록 선의의 노력을 기울일 것입니다. 사용자의 계정이 해지되는 경우 당사는 단독 재량에 따라 서비스상의 사용자의 콘텐츠 전부(있는 경우)를 영구적으로 삭제할 수 있습니다. 당사가 사용자의 계정을 이유 없이 해지하고 사용자가 유료 서비스(기업 고객 약정 제외)(해당 경우)에 가입한 경우, 당사는 사용자가 해당 서비스에 대해 당사에 선지불한 금액 중 미발생 부분을 비율로 환산하여 환불합니다. 단, 결제와 관련된 모든 권리 및 제4조 내지 제12조의 조건은 본 약관의 해지 이후에도 존속합니다.
7. 책임의 부인.
사이트, 콘텐츠(직업 및 경력 개발 안내, 추천 및 분석을 포함하되 이에 한정되지 않음) 및 모든 서버 및 네트워크 구성요소를 포함한 서비스는 어떤 형태의 보증도 없이 ‘현재 상태 그대로’ 또한 ‘사용 가능한 범위 내에서’ 제공되며, 당사는 상품성, 소유권, 특정 목적에의 적합성 및 비침해성에 대한 묵시적인 보증을 포함하되 이에 한정되지 않고 어떠한 명시적 또는 묵시적인 보증도 명백히 부인합니다. 사용자는 당사가 중단 없이, 적시에, 안전하게, 오류 없이 또는 바이러스 없이 서비스가 제공될 것임을 보증하지 않으며, 사용자가 당사로부터 또는 서비스를 통해 획득한 정보, 조언 또는 서비스는 본 약관에 명시적으로 기술된 보증 이외에 어떠한 보증도 구성하지 않음을 인정합니다. 상기 내용의 보편성을 제한하지 않고 사용자가 구직자 또는 경력 개발자인 경우, (A) 사용자는 당사가 사용자의 계정에 게시할 수 있는 직업 안내는 어떠한 점검 절차도 거치지 않은 제3자로부터 수령한 것임을 인정하고 이에 동의하며, (B) 당사는 직업 안내나 다른 정보가 정확하거나 합법적이며, 사용자가 서비스 이용을 통해 성공적으로 취직이나 경력 개발을 할 것이며, 또한 사용자가 서비스의 이용을 통해 찾은 채용 또는 경력 개발이 사용자의 필요에 부합하거나 사용자에게 적절할 것임을 보증 또는 보장하지 않습니다. 어떠한 경우에도 당사는 제3자(사용자 포함)의 모든 콘텐츠 또는 자료(콘텐츠의 오류나 누락 또는 해당 콘텐츠의 사용의 결과로 발생한 손실이나 손해를 포함하되 이에 한정되지 않음)에 대해 어떠한 책임도 지지 않습니다. 사용자는 당사가 콘텐츠를 사전 검열하지는 않으나 당사 및 그 지정인이 단독 재량으로 서비스를 통해 제공되는 어떠한 콘텐츠도 거부 또는 삭제할 권리(의무는 아님)가 있음을 인정합니다. 사용자는 사용자가 해당 콘텐츠의 정확성, 완전성 또는 유용성에 대한 신뢰를 포함하여 콘텐츠의 사용과 관련된 모든 위험을 평가하고 이에 대한 책임을 부담해야 함에 동의합니다.
8. 책임의 제한.
8.1 어떠한 경우에도 어떠한 법률 이론상으로도(계약, 불법 행위 등의 여부를 불문함) 당사는 사용자 또는 제3자에게 (A) 간접적, 우발적, 특별, 징계적, 파생적 또는 징벌적 손해(이익 손실, 판매 또는 영업 손실, 데이터 분실 또는 영업 중단을 포함함) 또는 (B) 사용자의 청구 사유 발생 전 6개월 동안 사용자가 실제 지급한 수수료 또는 미화 100달러(비용이 적용되지 않는 경우)를 초과하는 직접 손해, 비용, 손실 또는 채무에 대해 책임을 지지 않습니다. 본 조의 규정은 당사자들 간에 본 약관에 따른 위험을 배분하며, 당사자들은 본 약관의 체결 여부를 결정함에 있어 이와 같은 제한사항을 신뢰했습니다.
8.2 일부 주에서는 묵시적 보증의 면책이나 제외 또는 우발적 또는 파생적 손해에 대한 책임의 제한을 허용하지 않으며, 이는 제7조(책임의 부인) 및 제8조(책임의 제한)의 상기 제한사항 중 일부가 사용자에 대하여 적용되지 않거나 집행될 수 없음을 의미합니다. 이와 같은 주에서 당사의 책임은 법률이 허용하는 최대 범위로 제한됩니다. 뉴저지주 사용자인 경우, 제7조(책임의 부인) 및 제8조(책임의 제한)는 뉴저지주 법률에 따라 허용되는 범위 내에서만 적용됩니다. 본 조항들 중 일부가 뉴저지주 법률에 따라 무효한 것으로 간주되는 경우, 해당 부분의 무효성은 해당 조항의 나머지 부분의 유효성에 영향을 미치지 않습니다.
9. 면책.
사용자는 사용자의 본 약관의 위반, 사용자의 콘텐츠 또는 서비스에 대한 사용자의 기타 액세스, 기여, 사용 또는 요용에 따른 또는 그 결과로 발생한 모든 청구, 조치 또는 요구(합리적인 법률 및 회계 비용을 포함하되 이에 한정되지 않음)로부터 당사를 방어 및 면책하며 그로부터 손해를 입지 않도록 해야 합니다. 당사는 이와 같은 청구, 소송 또는 요구에 대해 사용자에게 고지해야 합니다. 당사는 본 조에 따라 면책의 대상이 되는 사안에 대해 배타적 방어권 및 통제권을 보유합니다. 이러한 경우 사용자는 당사가 해당 사안을 방어하는 데 도움이 되는 합리적인 요청에 협력하기로 합니다. 상기 내용에도 불구하고, 당사의 작위 또는 부작위의 결과로 발생한 경우에 한하여 사용자는 모든 청구, 조치 또는 요구로부터 당사를 면책 또는 방어하며 그로부터 손해를 입지 않도록 할 의무를 부담하지 않습니다.
10. 양도.
당사의 사전 서면 동의 없이 사용자는 본 약관을 양도할 수 없으나, 당사는 본 약관의 전부 또는 일부를 제한 없이 양도하거나 이전할 수 있습니다.
11. 준거법.
본 약관은 법률 조항의 상충 여부와 관계없이 캘리포니아주 법률에 의해 규율됩니다. 특정한 경우 당사가 달리 선택하지 않는 한, 사용자는 서비스에 대한 액세스 또는 이용과 관련한 분쟁을 해결하기 위하여 연방 및 캘리포니아주 법원의 전속 인적 관할권을 따를 것에 명시적으로 동의합니다.
12. DMCA.
1998년 디지털 밀레니엄 저작권법(‘DMCA’)에 따라 인터넷에 게재된 자료가 미국 저작권법에 따른 자신의 권리를 침해한다고 판단하는 저작권 소유자는 소구권을 갖습니다. 침해 주장에 대한 통지가 있는 경우 당사는 이를 즉시 처리및 조사하며, 침해 주장 또는 실제 침해에 대해 DMCA 및 기타 관련 지적 재산권법에 따라 적절한 조치를 취할 것입니다. 저작권 침해 주장 통지는 당사의 저작권 대리인(user.support@risesmart.com)에게 이메일로 전송해야 합니다. (제목: ‘DMCA 중단 요청’) 당사에 우편으로 보낼 수도 있습니다.
수신: 저작권 대리인
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
통지. 효력을 발생하려면 통지는 서면으로 작성되고 다음 정보를 포함해야 합니다.
- 저작권 소유자 또는 기타 지적 재산권자를 대리할 권한을 위임받은 자의 전자 서명 또는 자필 서명
- 사용자가 침해당했다고 주장하는 저작물 또는 기타 지적 재산에 대한 설명
- 침해를 주장하는 자료가 소재한 사이트의 위치 대한 설명(당사가 사이트에서 찾을 수 있도록 충분한 세부정보를 포함함)
- 사용자의 주소, 전화번호, 이메일 주소
- 분쟁 대상 사용이 저작권 또는 지적 재산 소유자, 그 대리인 또는 법률에 의해 승인되지 않았음을 확신하는 사용자의 진술
- 위증 시 처벌을 받는다는 조건 하에 상기와 같은 통지에 포함된 정보는 정확하며, 사용자가 저작권 또는 지적 재산 소유자이거나 저작권 또는 지적 재산 소유자를 대리할 권한을 위임받았다는 사용자의 진술.
13. 1. 애플 지원 소프트웨어 애플리케이션.
당사는 다른 플랫폼 중에서 Apple Inc.(‘Apple’)가 상업적으로 제공한 제품과 관련하여 작동하도록 고안된 소프트웨어 애플리케이션을 제공합니다. Apple 브랜드 제품(해당 소프트웨어를 ‘Apple 지원 소프트웨어’라 함)과 관련하여 사용자의 이용을 위해 제공된 소프트웨어의 경우 본 약관에 명시된 기타 조건에 부가하여 다음과 같은 조건이 적용됩니다.
- 당사와 사용자는 본 약관이 Apple이 아닌 당사와 사용자 사이에서만 체결되며, 당사와 Apple 간에 Apple 지원 소프트웨어 및 그 콘텐츠에 대한 단독 책임은 Apple이 아닌 당사에게 있음을 인정합니다.
- 사용자는 App Store 서비스 약관에 명시된 Apple 지원 소프트웨어 관련 사용 규칙을 위반하거나 이에 부합하지 않는 방식 또는 달리 App Store 서비스 약관과 상충하는 방식으로 Apple 지원 소프트웨어를 사용할 수 없습니다.
- Apple 지원 소프트웨어를 사용하기 위한 사용자의 라이선스는 App Store 서비스 약관에 명시된 사용 규칙에 의해 허용되는, 사용자가 소유 또는 관리하는 iOS 제품에서 Apple 지원 소프트웨어를 사용할 수 있는 양도 불가능한 라이선스로 제한됩니다.
- Apple은 Apple 지원 소프트웨어와 관련하여 유지 관리 또는 지원 서비스를 제공할 의무가 없습니다.
- Apple은 법에 의한 명시적 또는 묵시적인 제품 보증에 대해 어떠한 책임도 부담하지 않습니다. Apple 지원 소프트웨어가 관련 보증을 준수하지 못하는 경우, 사용자는 Apple에 통지할 수 있으며, Apple은 사용자에게 Apple 지원 소프트웨어의 구입 가격(해당하는 경우)을 환불하며, 관련 법률에서 허용하는 최대 한도내에서 Apple은 Apple 지원 소프트웨어 또는 보증을 준수하지 못하여 발생한 기타 청구, 손실, 채무, 손해, 비용 또는 경비와 관련하여 다른 보증 의무를 부담하지 않습니다. 이에 대한 책임은 해당 법률에 따라 책임을 부인할 수 없는 경우에 한하여 전적으로 당사에게 있습니다.
- 당사와 사용자는 (i) 제조물 책임 소송, (ii) Apple 지원 소프트웨어가 관련 법적 또는 규제 요건을 준수하지 않는다는 소송, (iii) 소비자 보호법 또는 이와 유사한 법률에 따라 제기되는 소송을 포함하되 이에 한정되지 않고, Apple 지원 소프트웨어 또는 사용자의 Apple 지원 소프트웨어 소유 및/또는 사용과 관련한 사용자 또는 제3자의 소송을 해결할 책임은 Apple이 아닌 당사에게 있음을 인정합니다.
- Apple 지원 소프트웨어 또는 최종 사용자의 해당 Apple 지원 소프트웨어 소유 및 사용으로 인해 제3자의 지적 재산권이 침해되었다는 제3자의 소송이 있을 경우, 당사와 Apple 간에 해당 지적 재산권 침해 소송에 대한 조사, 방어, 해결 및 면제에 대한 단독 책임은 Apple이 아닌 당사에게 있습니다.
- 사용자는 (i) 사용자가 미국 정부의 통상 금지령이 적용되는 국가, 또는 미국 정부가 ‘테러 지원국’으로 지정한 바 있는 국가에 거주하지 않으며, (ii) 사용자가 미국 정부의 금지되거나 제한된 당사자 명단에 포함되어 있지 않음을 진술 및 보증합니다.
- Apple 지원 소프트웨어와 관련하여 질문, 불만 사항 또는 청구가 있을 경우 다음 연락처로 당사에 문의해야 합니다.
당사와 사용자는 Apple 및 Apple의 자회사가 Apple 지원 소프트웨어와 관련하여 본 약관의 제3자 수혜자이며, 사용자가 본 약관의 조건을 수락하면 Apple은 제3자 수혜자로서 Apple 지원 소프트웨어와 관련하여 사용자를 상대로 본 약관을 집행할 권리가 있음(또한 해당 권리를 수락한 것으로 간주됨)을 인정하고 이에 동의합니다.
14. 다른 사이트 링크.
서비스에는 타사 웹사이트에 대한 링크가 포함될 수 있습니다. 이러한 링크는 해당 타사 웹사이트의 내용에 대한 당사의 보증으로써 제공되는 것이 아니라 사용자의 편의를 위해서만 제공됩니다. 당사는 링크된 타사 사이트의 내용에 대해 책임을 지지 않으며 해당 타사 웹사이트 자료의 내용이나 정확성에 대해 어떠한 진술도 하지 않습니다. 링크된 타사 웹사이트에 액세스하기로 결정한 경우 이에 대한 책임은 사용자에게 있습니다.
15. 휴대기기.
사용자가 휴대기기를 통해 서비스를 사용하는 경우 사용자는 사용자의 휴대기기 및 이동 통신사를 통한 서비스 사용에 관한 정보(사용자의 이동 통신사, 사용자의 휴대기기 또는 사용자의 실제 위치를 포함하되 이에 한정되지 않음)가 당사에 전달될 수 있음에 동의합니다. 또한 휴대기기를 통해 서비스를 사용하면 사용자의 휴대기기에 또는 휴대기기를 통해 데이터가 표시될 수 있습니다. 휴대기기를 사용하여 서비스에 액세스하면 사용자는 당사 데이터를 사용자의 휴대기기로 가져오는 경우에 한하여 사용자에게 이동 통신사 또는 다른 액세스 제공업체와 전송된 데이터를 공유할 수 있는 권한이 있음을 진술합니다. 사용자의 휴대기기/계정을 변경 또는 비활성화하는 경우 사용자는 사용자의 계정 및 관련 메시지(해당하는 경우)를 다른 당사자가 액세스하지 않는지 또는 다른 당사자가 수신하지 않는지 확인해야 하며, 이를 이행하지 않을 경우 이에 대한 책임은 사용자에게 있습니다. 사용자는 사용자의 휴대기기 및 제공업체를 통해 서비스에 액세스하는 것과 관련된 모든 요금 및 필요한 권한에 대한 책임이 사용자에게 있음을 인정합니다. 따라서 사용자는 제공업체에 문의하여 특정 휴대기기에 대한 서비스 약관을 확인해야 합니다. 서비스를 이용할 수 있는 다운로드 가능한 애플리케이션을 사용함으로써 사용자는 다운로드 또는 설치 시 제공된 애플리케이션과 관련된 최종 사용자 라이선스 계약의 조건(또는 수시로 업데이트되는 조건)에 대한 수락을 명시적으로 확인하게 됩니다.
시행일 2019년 1월 18일
Effective May 21st 2019 to July 15th 2019
DownloadTable of Contents
서비스 약관
1. 약관의 수락.
1.1 RiseSmart, Inc. 및 그 계열사(통칭하여, ‘당사’라 함)는 본 서비스 약관(본 ‘약관’이라 함)에 의거하여 당사가 관리하는 웹사이트(http://www.RiseSmart.com에 있는 사이트를 포함하되 이에 한정되지 않음)(통칭하여, ‘사이트’라 함)를 통해 사용자에게 당사의 서비스(아래 정의됨)를 제공합니다. 본 약관을 수락하거나 서비스 또는 사이트에 액세스 또는 이를 이용하면 사용자는 본 약관을 읽고 이해했으며 이에 구속되는 데 동의함을 확인하게 됩니다. 본 약관에 동의하지 않을 경우 사용자는 본 약관을 수락해서는 안되며 서비스를 이용할 수 없습니다.
1.2 당사는 사전 고지 없이 본 약관을 수시로 변경할 수 있습니다. 개정된 약관은 게시일로부터 효력이 발생하며, 사용자가 효력 발생일 이후에 서비스를 이용하는 경우 사용자가 개정된 약관을 수락한 것으로 간주됩니다. 본 약관에 대한 변경사항을 수락할 수 없는 경우, 사용자의 유일한 구제 조치는 서비스에 대한 액세스 및 이용을 중지하는 것입니다.
2. 서비스에 대한 설명.
‘서비스’에는 (a) 사이트, (b) 당사의 재취업 알선 및 경력 관리 서비스, 기타 관련 서비스(파일 관리 및 분석 서비스 포함), 관련 기술 및 애플리케이션(애플리케이션 및 서비스에 액세스할 수 있도록 허용하는 모바일 또는 기타 인터페이스를 통해 액세스한 애플리케이션 및 서비스를 포함하되 이에 한정되지 않음), 및 (c) 모든 소프트웨어(이하 정의에 따른 소프트웨어 포함), 자료, 포털, 추천, 직업 안내, 데이터, 보고서, 텍스트, 이미지, 사운드, 비디오, 분석 및 전술한 사항을 통해 제공된 기타 콘텐츠(통칭하여, ‘콘텐츠’라 함)가 포함됩니다. 서비스에 추가되거나 이를 보강하는 새로운 기능도 본 약관의 적용을 받습니다.
3. 일반 조건/서비스에 대한 액세스 및 이용
3.1 본 약관의 조건에 따라 사용자는 합법적인 목적에 한하여 서비스에 액세스하고 이를 이용할 수 있습니다. 서비스 및 그 구성요소에 대한 모든 권리, 소유권 및 이권은 당사에게 있으며 당사가 전적으로 소유합니다. 사용자는 다음과 같은 행위를 하지 않으며 제3자에게 이러한 행위를 허용해서는 안됩니다. (a) 서비스의 소스 코드를 복사, 복제, 수정, 삭제, 배포, 다운로드, 저장, 전송, 발행, 2차 저작물 생성, 리버스 엔지니어링, 리버스 어셈블하거나 직접 또는 간접적으로 달리 검색을 시도하는 행위, 서비스를 판매, 재이용 허가, 재판매, 임대, 이전, 양도 또는 타임 셰어링하거나 달리 상업적으로 활용 또는 제3자에게 제공하는 행위, (b) 서비스를 불법적인 방식(데이터, 개인정보 또는 수출 규제법의 위반을 포함하되 이에 한정되지 않음)으로 또는 서비스 또는 그 구성요소의 무결성 또는 성능을 저해하거나 방해하는 방식으로 이용하는 행위, (c) 서비스를 수정, 개조 또는 해킹하거나 달리 서비스 또는 관련 시스템이나 네트워크에 무단 액세스를 시도하는 행위, 또는 (d) 다른 웹사이트 또는 미디어(예: 네트워킹 환경)에서 콘텐츠를 사용하는 행위. 사용자는 서비스와 관련하여 당사가 사용자에게 제공하거나 발행하는 윤리 강령, 정책 또는 기타 고지 사항을 준수해야 하며, 서비스와 관련된 보안 위반 사실을 알게 되는 즉시 당사에 이를 알려야 합니다. 또한 사용자는 특정 서비스 이용 시 해당 서비스에 적용되는 추가 조건(당사의 개인정보보호방침을 포함하되 이에 한정되지 않고 서비스에 수시로 게시될 수 있음)을 준수해야 합니다.
3.2 서비스와 관련하여 당사가 제공할 수 있는 소프트웨어(‘소프트웨어’)에는 관련 지적재산 및 기타 법률의 보호를 받는 독점적인 기밀 정보가 포함됩니다. 본 약관의 조건에 따라 당사는 서비스와 관련된 경우에 한하여 단일 기기에서 소프트웨어의 오브젝트 코드(object code)를 사용할 수 있는 개인적이고 양도와 재판매가 불가능하며 비독점적인 권리와 라이선스를 사용자에 부여합니다. 사용자는 서비스에 액세스 시 사용하도록 당사가 제공한 인터페이스를 제외한 기타 방법으로는 서비스에 액세스하지 않기로 동의합니다. 본 약관에서 명시적으로 부여되지 않은 모든 권리는 유보되며, 서비스와 관련하여 당사 또는 제3자의 상표를 사용할 어떠한 라이선스 또는 권리도 사용자에게 부여되지 않습니다.
3.3 서비스와 관련하여 사용자가 업로드, 게시, 전달, 제공 또는 다른 방법으로 전송 또는 저장(이하 ‘전송’)하는 모든 데이터, 정보, 의견, 제안, 텍스트, 콘텐츠 및 기타 자료(‘사용자의 콘텐츠’)에 대한 책임은 전적으로 사용자에게 있습니다. 사용자는 서비스와 관련하여 사용자가 전송한 사용자의 콘텐츠가 (a) 정확하고, 진실하며, 합법적이고, 적절하며, 정직하고, 완전하며(사용자가 구직자 또는 경력 개발자로서 서비스를 이용하는 경우 사용자의 이력서, 신상 자료 및 고용 정보와 관련된 사항을 포함하되 이에 한정되지 않음), (b) 버그, 웜 또는 바이러스가 없음을 진술 및 보증합니다. 사용자는 사용자가 상기 내용을 위반한 것으로 간주되는 경우 또는 본 약관의 기타 조건에 따라 당사가 사용자의 콘텐츠를 서비스에서 삭제할 수 있음에 동의합니다. 사용자는 사용자의 로그인, 비밀번호 및 계정의 비밀 유지와 사용자의 로그인 또는 계정에서 발생하는 모든 활동에 대한 책임이 있습니다. 당사는 사용자의 기술 지원 요청에 응답할 수 있도록 사용자의 계정에 액세스할 권리를 보유합니다. 사용자는 서비스를 통해 사용자의 콘텐츠를 전송함으로써 서비스와 관련하여 사용자의 콘텐츠를 사용, 수정, 복제, 배포, 전시, 발행, 및 수행할 수 있는 전 세계적, 비독점적, 영구적, 취소불능, 저작권 사용료 없는, 완납된 서브라이선스 및 양도 가능한 라이선스를 당사에 부여합니다. 당사는 서비스, 콘텐츠 또는 사용자의 콘텐츠를 선별 또는 모니터링할 권리(의무는 아님)를 보유합니다. 사용자는 당사가 어떠한 이유로든(해당 콘텐츠와 관련하여 제3자 또는 당국으로부터 소송이나 주장을 수령한 경우를 포함하되 이에 한정되지 않음) 또는 이유 없이 언제든지 콘텐츠를 삭제하거나 사용 중지할 수 있음에 동의합니다.
3.4 사용자는 사용자의 콘텐츠를 포함한 서비스의 운영이 암호화되지 않을 수 있고, (a) 다양한 네트워크를 통한 전송, (b) 네트워크 또는 기기 연결의 기술 요구사항을 준수하고 적용하기 위한 변경, (c) 필요한 하드웨어, 소프트웨어, 네트워킹, 스토리지 및 서비스의 운영 및 유지 관리에 필요한 관련 기술을 제공하기 위한 당사의 타사 공급업체 및 호스팅 파트너에 대한 전송 및 (d) 사용자에게 서비스를 제공하는 것과 관련된 다른 제3자에 대한 전송과 관련될 수 있음을 이해합니다. 따라서 사용자는 사용자의 콘텐츠에 대한 적절한 보안, 보호 및 백업에 대한 책임은 전적으로 사용자에게 있음을 인정합니다. 당사는 사용자의 콘텐츠에 대한 무단 액세스 또는 사용, 사용자의 콘텐츠 손상, 삭제, 파기 또는 손실에 대해 사용자에게 어떠한 책임도 지지 않습니다.
3.5 사용자가 구직자 또는 경력 개발자인 경우, 사용자는 서비스를 통해 제공되거나 획득한 직업 기회 및 기타 정보를 관리하는 데 있어 본인의 판단, 주의 및 상식을 활용하기로 하며, 서비스를 통해 제공된 모든 콘텐츠(직업 안내 또는 경력 조언 또는 추천 포함)를 신뢰하고 사용하는 데 대한 책임은 전적으로 사용자에게 있음에 동의합니다.
3.6 당사가 본 약관의 권리 또는 조항을 행사 또는 집행하지 못하는 경우에도 해당 권리를 포기하는 것으로 간주되지 않습니다. 사용자는 본 약관이 사용자와 당사가 자필로 서명한 약관이 아닌 전자 서명에 의한 약관임에도 불구하고 사용자와 당사 간의 계약이며, 사용자의 서비스 이용을 규율하며 이전에 사용자와 당사 간에 체결된 유사한 계약을 대체함을 인정합니다.
3.7 사용자는 당사의 기업 고객이 당사와 계약을 체결하여 (a) 해당 기업 고객과 고용관계가 해제되었거나 해제될 예정인 직원들 중 서비스를 이용해 직업을 탐색하고 있는 법인 기업의 현직 및/또는 전직 직원을 지원(‘재취업 알선 지원’)하거나 (b) 서비스를 이용해 경력을 개발 중인 기업 고객의 현직 직원을 지원(‘경력 개발 지원’), ((a)와 (b)를 통칭하여, ‘기업 고객 약정사항’이라 함)하도록 할 수 있음을 인정합니다. 사용자가 재취업 알선 지원을 위해 기업 고객 약정에 따라 서비스를 사용할 경우, 당사는 진행상황 보고서는 물론 사용자를 식별하고 사용자의 서비스 이용이나 서비스 이용 범위, 주요 진행상황 및 직업 탐색 상황, 서비스와 관련된 고객만족이나 기타 피드백을 알 수 있는 정보를 각각 또는 통합하여 기업 고객 측에 제공할 수 있습니다. 사용자가 경력 개발 지원을 위해 기업 고객 약정에 따라 서비스를 사용할 경우, 당사는 진행상황 보고서는 물론 사용자를 식별하고 사용자의 서비스 이용이나 서비스 이용 범위, 주요 진행상황 및 직업 탐색 상황, 서비스와 관련된 고객만족이나 기타 피드백을 알 수 있는 정보를 통합하여 기업 고객 측에 제공할 수 있습니다. 기업 고객 약정과 관련하여 사용자와 기업 고객이 제공한 정보에 관한 당사의 수집, 이용 및 공유에 관한 자세한 정보는 당사의 개인정보보호방침을 참고하시기 바랍니다.
3.8 기업 고객 약정에 따라 서비스를 이용하는 경우, 사용자는 사용자에게 제공된 서비스가 어떤 경우에도 서비스에 대한 액세스 권한을 사용자에게 부여한 기업 고객 약정의 범위, 기간 또는 기타 제한을 벗어나지 않을 것을 인정합니다.
사용자는 당사가 (a) 서비스의 사용에 관한 일반 관행 및 제한(콘텐츠 또는 사용자의 콘텐츠가 서비스에 의해 보관되는 최대 기간 및 사용자를 위해 할당된 최대 저장 공간을 포함하되 이에 한정되지 않음)을 설정할 수 있고, (b) 당사는 서비스에 의해 유지 관리되거나 서비스에 업로드된 콘텐츠 또는 사용자의 콘텐츠가 삭제되거나 저장되지 않은 경우 이에 대해 어떠한 책임도 지지 않으며, (c) 법률에 의해 요구되거나 보존 또는 공개가 (i) 법적 절차, 관련 법률 또는 정부 요청을 준수하기 위해, (ii) 본 약관을 이행하기 위해, (iii) 콘텐츠 또는 사용자의 콘텐츠가 제3자의 권리를 위반한다는 주장에 대응하기 위해, 또는 (iv) 당사, 그 사용자 및 대중의 권리, 재산 또는 개인 안전을 보호하기 위해 합리적으로 필요하다고 확신하는 경우 콘텐츠 또는 사용자의 콘텐츠를 보존할 수 있고, 이를 공개할 수도 있음에 동의합니다. 사용자는 당사가 언제든지 어떠한 이유(콘텐츠 또는 사용자의 콘텐츠와 관련한 제3자 또는 당국으로부터의 소송 또는 주장을 수령한 경우를 포함하되 이에 한정되지 않음)로 또는 아무런 이유 없이 콘텐츠 또는 사용자의 콘텐츠를 삭제 또는 사용 중지할 수 있음에 동의합니다.
4. 결제
서비스 또는 그 일부가 유료로 제공되는 경우(당사의 기업 고객이 달리 결제하지 않는 경우), 사용자는 요금제를 선택하고 신용 카드 또는 기타 결제 수단에 관한 정보를 당사에 제공해야 합니다. 사용자는 당사에 이와 같은 정보가 사실이며 사용자가 결제 수단을 사용할 권한을 가지고 있음을 진술 및 보증합니다. 사용자는 발생 가능성이 있는 변경 사항(예: 청구서 수신 주소 또는 신용 카드 만기일의 변경)을 포함하여 계정 정보를 신속하게 업데이트해야 합니다. 사용자는 결제 방법 및 본 약관의 조건에 따라 요금제에 명시된 금액을 당사에 지급하는 데 동의합니다. 사용자는 사용자가 계정을 해지할 때까지 당사가 해당 요금제의 조건에 따라 사용자의 결제 수단에 정기적으로 사전 청구할 수 있는 것을 승인하며, 사용자는 이와 같이 발생한 요금을 지불하는 데 동의합니다. 요금에 이의가 있는 경우 당사가 사용자에게 청구서를 발급한 날로부터 60일 내에 당사에 알려야 합니다. 당사는 언제라도 당사의 가격을 변경할 수 있는 권리를 보유합니다. 당사가 가격을 변경하는 경우 당사는 변경 사항이 효력을 발생하기 최소 30일 전에 당사의 선택에 따라 사이트 또는 이메일로 변경 사항에 대해 고지할 것입니다. 가격 변경이 효력을 발생한 후 서비스를 계속 사용하는 경우 이는 사용자가 변경된 요금을 지불하는 데 동의함을 의미합니다. 기업 고객 약정에 따라 서비스를 이용하는 경우 해당 기업 고객은 당사가 사용자에게 제공하는 것을 승인한 특정 서비스 패키지에 대한 요금을 청구받습니다.
5. 진술 및 보증.
사용자의 이용과 관련하여 사용자는 다음과 같은 행위를 하지 않기로 합니다. 모든 지역, 주 및 연방 규칙, 규정 및 법령(미국 수출법 및 규정, 차별 반대 또는 평등 고용법을 포함하되 이에 한정되지 않음)을 위반하는 행위, 특허, 저작권, 상표 또는 영업 비밀을 포함하되 이에 한정되지 않고 제3자의 지적 재산권 및 사생활 보호권을 침해하는 행위, 불법적이고, 불쾌하며, 명예를 훼손하는, 허위, 사기성, 오해의 소지가 있는, 유해하고, 위협적인, 괴롭히는, 외설적 또는 불쾌감을 주는 자료를 업로드, 게시, 전송 또는 저장하는 행위, 사용자의 계약상 또는 기밀 유지 의무를 위반하는 행위, 바이러스, 웜, 스크립트, 매크로 또는 유형을 불문한 유해한 코드의 게시 또는 전송, 반복적인 자료의 지속적인 게시 또는 비정상적으로 많은 양의 데이터 또는 허가받지 않은 광고 자료, 요청하지 않은 홍보 자료, ‘정크 메일, ‘스팸 메일’, ‘연쇄 편지(chain letters)’, 피라미드 방식, 프랜차이즈, 판매 대리점, 클럽 멤버십, 판매 약정 또는 달리 허용되지 않는 자료를 포함하되 이에 한정되지 않고 RiseSmart가 허용하지 않은 자료의 게시와 같이 서비스의 정상적인 운영을 방해하거나 중단시키는 행위, 다른 사람을 괴롭히거나 ‘스토킹’하거나, 요청하지 않은 이메일을 보내고, 다른 사람의 개인 정보를 수집하는 것을 포함하되 이에 한정되지 않고 서비스를 악용하여 타인의 사생활 보호권 또는 개인적인 권리를 침해하는 행위, 서비스의 보안 조치를 위반하거나 위반을 시도하는 행위, 당사의 사전 서면 동의 없이 기기, 프로세스 또는 메커니즘(예: 스파이더 또는 로봇)을 사용하여 서비스를 모니터링, 검색, 탐색 또는 액세스하는 행위, 서비스에 나열된 제3자의 계정 또는 로그인에 액세스하거나 액세스를 시도하는 행위, 이력서, 신상 자료 또는 고용 정보와 같은 자료에 대해 부정확하거나 허위이거나 불완전한 정보를 게시하거나 제출하는 행위, 개인 또는 법인의 신원을 도용하는 행위, 전자 우편이나 우편의 헤더 정보를 위조하는 행위. 또는 본인, 제3자와의 제휴 또는 사용자의 법인에 대해 허위 진술하는 행위.
6. 해지.
사용자는 사이트에 명시되거나 해당하는 경우 사용자에게 별도로 제공되는 절차에 따라 사용자의 계정을 언제든지 해지할 권리가 있습니다. 기업 고객 약정에 따라 서비스를 사용하는 경우 사용자는 기업 고객 약정의 만료 또는 해지 시 해당 서비스에 대한 사용자의 액세스 권한이 만료됨을 인정합니다. 당사는 (i) 서비스(또는 그 일부)를 일시적 또는 영구적으로 수정 또는 중단하고 (ii) 서비스의 현재 및 향후의 모든 사용을 거부하고, 사용자 계정(또는 그 일부) 또는 서비스의 사용을 일시 중지하거나 해지하고, 사용자가 본 약관을 위반했다고 당사가 판단하는 경우를 포함하여 어떤 이유로든 사용자의 콘텐츠를 서비스에서 삭제하고 취소할 수 있는 권리를 보유합니다. 당사는 서비스의 수정, 일시 중지 또는 중단에 대해 사용자 또는 제3자에게 책임을 지지 않습니다. 당사가 사용자의 계정을 일시 중지 또는 해지하기 전에 당사는 사용자에게 연락을 취해 알려드리도록 선의의 노력을 기울일 것입니다. 사용자의 계정이 해지되는 경우 당사는 단독 재량에 따라 서비스상의 사용자의 콘텐츠 전부(있는 경우)를 영구적으로 삭제할 수 있습니다. 당사가 사용자의 계정을 이유 없이 해지하고 사용자가 유료 서비스(기업 고객 약정 제외)(해당 경우)에 가입한 경우, 당사는 사용자가 해당 서비스에 대해 당사에 선지불한 금액 중 미발생 부분을 비율로 환산하여 환불합니다. 단, 결제와 관련된 모든 권리 및 제4조 내지 제12조의 조건은 본 약관의 해지 이후에도 존속합니다.
7. 책임의 부인.
사이트, 콘텐츠(직업 및 경력 개발 안내, 추천 및 분석을 포함하되 이에 한정되지 않음) 및 모든 서버 및 네트워크 구성요소를 포함한 서비스는 어떤 형태의 보증도 없이 ‘현재 상태 그대로’ 또한 ‘사용 가능한 범위 내에서’ 제공되며, 당사는 상품성, 소유권, 특정 목적에의 적합성 및 비침해성에 대한 묵시적인 보증을 포함하되 이에 한정되지 않고 어떠한 명시적 또는 묵시적인 보증도 명백히 부인합니다. 사용자는 당사가 중단 없이, 적시에, 안전하게, 오류 없이 또는 바이러스 없이 서비스가 제공될 것임을 보증하지 않으며, 사용자가 당사로부터 또는 서비스를 통해 획득한 정보, 조언 또는 서비스는 본 약관에 명시적으로 기술된 보증 이외에 어떠한 보증도 구성하지 않음을 인정합니다. 상기 내용의 보편성을 제한하지 않고 사용자가 구직자 또는 경력 개발자인 경우, (A) 사용자는 당사가 사용자의 계정에 게시할 수 있는 직업 안내는 어떠한 점검 절차도 거치지 않은 제3자로부터 수령한 것임을 인정하고 이에 동의하며, (B) 당사는 직업 안내나 다른 정보가 정확하거나 합법적이며, 사용자가 서비스 이용을 통해 성공적으로 취직이나 경력 개발을 할 것이며, 또한 사용자가 서비스의 이용을 통해 찾은 채용 또는 경력 개발이 사용자의 필요에 부합하거나 사용자에게 적절할 것임을 보증 또는 보장하지 않습니다. 어떠한 경우에도 당사는 제3자(사용자 포함)의 모든 콘텐츠 또는 자료(콘텐츠의 오류나 누락 또는 해당 콘텐츠의 사용의 결과로 발생한 손실이나 손해를 포함하되 이에 한정되지 않음)에 대해 어떠한 책임도 지지 않습니다. 사용자는 당사가 콘텐츠를 사전 검열하지는 않으나 당사 및 그 지정인이 단독 재량으로 서비스를 통해 제공되는 어떠한 콘텐츠도 거부 또는 삭제할 권리(의무는 아님)가 있음을 인정합니다. 사용자는 사용자가 해당 콘텐츠의 정확성, 완전성 또는 유용성에 대한 신뢰를 포함하여 콘텐츠의 사용과 관련된 모든 위험을 평가하고 이에 대한 책임을 부담해야 함에 동의합니다.
8. 책임의 제한.
8.1 어떠한 경우에도 어떠한 법률 이론상으로도(계약, 불법 행위 등의 여부를 불문함) 당사는 사용자 또는 제3자에게 (A) 간접적, 우발적, 특별, 징계적, 파생적 또는 징벌적 손해(이익 손실, 판매 또는 영업 손실, 데이터 분실 또는 영업 중단을 포함함) 또는 (B) 사용자의 청구 사유 발생 전 6개월 동안 사용자가 실제 지급한 수수료 또는 미화 100달러(비용이 적용되지 않는 경우)를 초과하는 직접 손해, 비용, 손실 또는 채무에 대해 책임을 지지 않습니다. 본 조의 규정은 당사자들 간에 본 약관에 따른 위험을 배분하며, 당사자들은 본 약관의 체결 여부를 결정함에 있어 이와 같은 제한사항을 신뢰했습니다.
8.2 일부 주에서는 묵시적 보증의 면책이나 제외 또는 우발적 또는 파생적 손해에 대한 책임의 제한을 허용하지 않으며, 이는 제7조(책임의 부인) 및 제8조(책임의 제한)의 상기 제한사항 중 일부가 사용자에 대하여 적용되지 않거나 집행될 수 없음을 의미합니다. 이와 같은 주에서 당사의 책임은 법률이 허용하는 최대 범위로 제한됩니다. 뉴저지주 사용자인 경우, 제7조(책임의 부인) 및 제8조(책임의 제한)는 뉴저지주 법률에 따라 허용되는 범위 내에서만 적용됩니다. 본 조항들 중 일부가 뉴저지주 법률에 따라 무효한 것으로 간주되는 경우, 해당 부분의 무효성은 해당 조항의 나머지 부분의 유효성에 영향을 미치지 않습니다.
9. 면책.
사용자는 사용자의 본 약관의 위반, 사용자의 콘텐츠 또는 서비스에 대한 사용자의 기타 액세스, 기여, 사용 또는 요용에 따른 또는 그 결과로 발생한 모든 청구, 조치 또는 요구(합리적인 법률 및 회계 비용을 포함하되 이에 한정되지 않음)로부터 당사를 방어 및 면책하며 그로부터 손해를 입지 않도록 해야 합니다. 당사는 이와 같은 청구, 소송 또는 요구에 대해 사용자에게 고지해야 합니다. 당사는 본 조에 따라 면책의 대상이 되는 사안에 대해 배타적 방어권 및 통제권을 보유합니다. 이러한 경우 사용자는 당사가 해당 사안을 방어하는 데 도움이 되는 합리적인 요청에 협력하기로 합니다. 상기 내용에도 불구하고, 당사의 작위 또는 부작위의 결과로 발생한 경우에 한하여 사용자는 모든 청구, 조치 또는 요구로부터 당사를 면책 또는 방어하며 그로부터 손해를 입지 않도록 할 의무를 부담하지 않습니다.
10. 양도.
당사의 사전 서면 동의 없이 사용자는 본 약관을 양도할 수 없으나, 당사는 본 약관의 전부 또는 일부를 제한 없이 양도하거나 이전할 수 있습니다.
11. 준거법.
본 약관은 법률 조항의 상충 여부와 관계없이 캘리포니아주 법률에 의해 규율됩니다. 특정한 경우 당사가 달리 선택하지 않는 한, 사용자는 서비스에 대한 액세스 또는 이용과 관련한 분쟁을 해결하기 위하여 연방 및 캘리포니아주 법원의 전속 인적 관할권을 따를 것에 명시적으로 동의합니다.
12. DMCA.
1998년 디지털 밀레니엄 저작권법(‘DMCA’)에 따라 인터넷에 게재된 자료가 미국 저작권법에 따른 자신의 권리를 침해한다고 판단하는 저작권 소유자는 소구권을 갖습니다. 침해 주장에 대한 통지가 있는 경우 당사는 이를 즉시 처리및 조사하며, 침해 주장 또는 실제 침해에 대해 DMCA 및 기타 관련 지적 재산권법에 따라 적절한 조치를 취할 것입니다. 저작권 침해 주장 통지는 당사의 저작권 대리인(user.support@risesmart.com)에게 이메일로 전송해야 합니다. (제목: ‘DMCA 중단 요청’) 당사에 우편으로 보낼 수도 있습니다.
수신: 저작권 대리인
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
통지. 효력을 발생하려면 통지는 서면으로 작성되고 다음 정보를 포함해야 합니다.
- 저작권 소유자 또는 기타 지적 재산권자를 대리할 권한을 위임받은 자의 전자 서명 또는 자필 서명
- 사용자가 침해당했다고 주장하는 저작물 또는 기타 지적 재산에 대한 설명
- 침해를 주장하는 자료가 소재한 사이트의 위치 대한 설명(당사가 사이트에서 찾을 수 있도록 충분한 세부정보를 포함함)
- 사용자의 주소, 전화번호, 이메일 주소
- 분쟁 대상 사용이 저작권 또는 지적 재산 소유자, 그 대리인 또는 법률에 의해 승인되지 않았음을 확신하는 사용자의 진술
- 위증 시 처벌을 받는다는 조건 하에 상기와 같은 통지에 포함된 정보는 정확하며, 사용자가 저작권 또는 지적 재산 소유자이거나 저작권 또는 지적 재산 소유자를 대리할 권한을 위임받았다는 사용자의 진술.
13. 1. 애플 지원 소프트웨어 애플리케이션.
당사는 다른 플랫폼 중에서 Apple Inc.(‘Apple’)가 상업적으로 제공한 제품과 관련하여 작동하도록 고안된 소프트웨어 애플리케이션을 제공합니다. Apple 브랜드 제품(해당 소프트웨어를 ‘Apple 지원 소프트웨어’라 함)과 관련하여 사용자의 이용을 위해 제공된 소프트웨어의 경우 본 약관에 명시된 기타 조건에 부가하여 다음과 같은 조건이 적용됩니다.
- 당사와 사용자는 본 약관이 Apple이 아닌 당사와 사용자 사이에서만 체결되며, 당사와 Apple 간에 Apple 지원 소프트웨어 및 그 콘텐츠에 대한 단독 책임은 Apple이 아닌 당사에게 있음을 인정합니다.
- 사용자는 App Store 서비스 약관에 명시된 Apple 지원 소프트웨어 관련 사용 규칙을 위반하거나 이에 부합하지 않는 방식 또는 달리 App Store 서비스 약관과 상충하는 방식으로 Apple 지원 소프트웨어를 사용할 수 없습니다.
- Apple 지원 소프트웨어를 사용하기 위한 사용자의 라이선스는 App Store 서비스 약관에 명시된 사용 규칙에 의해 허용되는, 사용자가 소유 또는 관리하는 iOS 제품에서 Apple 지원 소프트웨어를 사용할 수 있는 양도 불가능한 라이선스로 제한됩니다.
- Apple은 Apple 지원 소프트웨어와 관련하여 유지 관리 또는 지원 서비스를 제공할 의무가 없습니다.
- Apple은 법에 의한 명시적 또는 묵시적인 제품 보증에 대해 어떠한 책임도 부담하지 않습니다. Apple 지원 소프트웨어가 관련 보증을 준수하지 못하는 경우, 사용자는 Apple에 통지할 수 있으며, Apple은 사용자에게 Apple 지원 소프트웨어의 구입 가격(해당하는 경우)을 환불하며, 관련 법률에서 허용하는 최대 한도내에서 Apple은 Apple 지원 소프트웨어 또는 보증을 준수하지 못하여 발생한 기타 청구, 손실, 채무, 손해, 비용 또는 경비와 관련하여 다른 보증 의무를 부담하지 않습니다. 이에 대한 책임은 해당 법률에 따라 책임을 부인할 수 없는 경우에 한하여 전적으로 당사에게 있습니다.
- 당사와 사용자는 (i) 제조물 책임 소송, (ii) Apple 지원 소프트웨어가 관련 법적 또는 규제 요건을 준수하지 않는다는 소송, (iii) 소비자 보호법 또는 이와 유사한 법률에 따라 제기되는 소송을 포함하되 이에 한정되지 않고, Apple 지원 소프트웨어 또는 사용자의 Apple 지원 소프트웨어 소유 및/또는 사용과 관련한 사용자 또는 제3자의 소송을 해결할 책임은 Apple이 아닌 당사에게 있음을 인정합니다.
- Apple 지원 소프트웨어 또는 최종 사용자의 해당 Apple 지원 소프트웨어 소유 및 사용으로 인해 제3자의 지적 재산권이 침해되었다는 제3자의 소송이 있을 경우, 당사와 Apple 간에 해당 지적 재산권 침해 소송에 대한 조사, 방어, 해결 및 면제에 대한 단독 책임은 Apple이 아닌 당사에게 있습니다.
- 사용자는 (i) 사용자가 미국 정부의 통상 금지령이 적용되는 국가, 또는 미국 정부가 ‘테러 지원국’으로 지정한 바 있는 국가에 거주하지 않으며, (ii) 사용자가 미국 정부의 금지되거나 제한된 당사자 명단에 포함되어 있지 않음을 진술 및 보증합니다.
- Apple 지원 소프트웨어와 관련하여 질문, 불만 사항 또는 청구가 있을 경우 다음 연락처로 당사에 문의해야 합니다.
당사와 사용자는 Apple 및 Apple의 자회사가 Apple 지원 소프트웨어와 관련하여 본 약관의 제3자 수혜자이며, 사용자가 본 약관의 조건을 수락하면 Apple은 제3자 수혜자로서 Apple 지원 소프트웨어와 관련하여 사용자를 상대로 본 약관을 집행할 권리가 있음(또한 해당 권리를 수락한 것으로 간주됨)을 인정하고 이에 동의합니다.
14. 다른 사이트 링크.
서비스에는 타사 웹사이트에 대한 링크가 포함될 수 있습니다. 이러한 링크는 해당 타사 웹사이트의 내용에 대한 당사의 보증으로써 제공되는 것이 아니라 사용자의 편의를 위해서만 제공됩니다. 당사는 링크된 타사 사이트의 내용에 대해 책임을 지지 않으며 해당 타사 웹사이트 자료의 내용이나 정확성에 대해 어떠한 진술도 하지 않습니다. 링크된 타사 웹사이트에 액세스하기로 결정한 경우 이에 대한 책임은 사용자에게 있습니다.
15. 휴대기기.
사용자가 휴대기기를 통해 서비스를 사용하는 경우 사용자는 사용자의 휴대기기 및 이동 통신사를 통한 서비스 사용에 관한 정보(사용자의 이동 통신사, 사용자의 휴대기기 또는 사용자의 실제 위치를 포함하되 이에 한정되지 않음)가 당사에 전달될 수 있음에 동의합니다. 또한 휴대기기를 통해 서비스를 사용하면 사용자의 휴대기기에 또는 휴대기기를 통해 데이터가 표시될 수 있습니다. 휴대기기를 사용하여 서비스에 액세스하면 사용자는 당사 데이터를 사용자의 휴대기기로 가져오는 경우에 한하여 사용자에게 이동 통신사 또는 다른 액세스 제공업체와 전송된 데이터를 공유할 수 있는 권한이 있음을 진술합니다. 사용자의 휴대기기/계정을 변경 또는 비활성화하는 경우 사용자는 사용자의 계정 및 관련 메시지(해당하는 경우)를 다른 당사자가 액세스하지 않는지 또는 다른 당사자가 수신하지 않는지 확인해야 하며, 이를 이행하지 않을 경우 이에 대한 책임은 사용자에게 있습니다. 사용자는 사용자의 휴대기기 및 제공업체를 통해 서비스에 액세스하는 것과 관련된 모든 요금 및 필요한 권한에 대한 책임이 사용자에게 있음을 인정합니다. 따라서 사용자는 제공업체에 문의하여 특정 휴대기기에 대한 서비스 약관을 확인해야 합니다. 서비스를 이용할 수 있는 다운로드 가능한 애플리케이션을 사용함으로써 사용자는 다운로드 또는 설치 시 제공된 애플리케이션과 관련된 최종 사용자 라이선스 계약의 조건(또는 수시로 업데이트되는 조건)에 대한 수락을 명시적으로 확인하게 됩니다.
시행일 2019년 1월 18일
RISESMART의 개인정보처리방침
Effective July 15th 2019
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RISESMART의 개인정보처리방침
RiseSmart, Inc.와 그 계열회사들(통칭하여, ‘당사’라 함)은 당사의 서비스 약관(http://www.RiseSmart.com/terms-conditions에 게재됨)(’서비스 약관’이라 함) 및 본 개인정보처리방침에 의거하여 당사가 관리하는 웹사이트(http://www.RiseSmart.com에 있는 사이트를 포함하되 이에 한정되지 않음)(통칭하여, ‘사이트’라 함)를 통해 사용자에게 당사의 서비스(아래 정의됨)를 제공합니다. ‘서비스’에는 (a) 사이트, (b) 당사의 재취업 알선, 경력 관리 서비스, 기타 관련 서비스(파일 관리 및 분석 서비스를 포함함) 및 관련된 기술과 (c) 모든 소프트웨어, 자료, 포털, 권장사항, 직업 소개서, 데이터, 보고서, 텍스트, 이미지, 소리, 동영상, 분석 및 전술한 내용을 통해 제공되는 기타 콘텐츠(통칭하여, ‘콘텐츠’라 함)가 포함됩니다.
당사는 서비스를 통해 수집하고 처리한 모든 정보를 관리하는 데이터 관리자입니다. 또한 서비스에 추가되거나 서비스를 확대하는 새로운 기능도 서비스 약관 및 본 개인정보처리방침의 적용을 받습니다. 본 개인정보처리방침에는 서비스와 관련해 수집되고 전송되며 달리 사용되는 개인 식별 가능 데이터(‘개인정보’) 및 기타 정보와 관련된 당사의 방침이 명시되어 있습니다. 사용자가 서비스를 사용하는 기간 중에 수집될 수 있는 익명 데이터는 ‘개인정보’에 포함되지 않습니다.
사용자의 동의
사용자는 당사에 자발적으로 개인정보를 제공하거나 달리 서비스를 사용함으로써 본 개인정보처리방침 및 당사가 서비스와 관련해 수시로 제공하는 기타 통지에 요약된 바에 따라 당사가 사용자의 개인정보 및 기타 정보를 수집, 전송하고 사용하는 것에 동의하는 것으로 간주됩니다. 사용자는 이 동의를 철회하고 당사에 제공한 정보를 삭제하도록 요청할 수 있는 권리를 가집니다.
사용자로부터 수령한 개인정보
사용자가 서비스를 사용하기로 결정한 경우 당사는 사용자에게 개인정보를 직접 당사에 제출하도록 요청할 수 있습니다. 당사는 사용자로부터 다음 각 호를 수령할 수 있습니다.
- 사용자의 성명, 현재 또는 최근의 직책, 회사명, 전화번호, 주소, 이메일 주소 및 기타 신원 정보 또는 연락처 정보
- 사용자의 경력과 기타 경험, 교육훈련, 기타 자격사항, 취업 목표, 기대 급여, 관심사항 및 기타 이력 정보
- 사용자의 경력 개발 및 직업 탐색의 주요 진행 상황에 관한 정보 및
- 사용자의 경력 개발, 직업 탐색 및 서비스에 대한 고객 만족도 또는 기타 피드백 관련 정보.
또한, 사용자가 당사에 문의사항이 있는 경우나 당사의 설문조사에 응답하는 경우와 같이 서비스를 통해 사용자와 당사가 상호작용할 때, 당사는 사용자가 자발적으로 정보를 제공할 경우에 기타 개인정보 및 사용자 제공 정보를 수집할 수 있습니다.
사용자는 서비스 이용을 위한 계정 활성화(온라인 등록 또는 문서 형식), 당사의 요청으로 작성하는 이력서, 체크리스트와 설문지, 교육 및 상담 시간, 토론, 이메일 교환 및 기타 채널을 포함하여 서비스와 관련된 다양한 채널을 통해 사용자의 개인정보를 제공하도록 요청 받을 수 있습니다. 또한 서비스에서 사용자의 인터넷 프로토콜(IP) 주소를 수집할 수 있습니다.
서비스에서 만들 수 있는 개인 웹 계정의 경우, 당사는 사용자에게 고유의 사용자 아이디, 비밀번호와 알림 질문을 설정하고 이 로그인 정보를 이용해 계정에 액세스하도록 요청할 수 있습니다. 사용자는 사용자 아이디, 비밀번호와 알림 질문 정보를 비밀로 유지하기로 하며, 해당 정보의 비밀을 유지하지 못할 경우 사용자의 개인정보 또는 기타 정보와 관련해 초래되는 사용, 도용, 변경, 남용 또는 손실에 대해 전적으로 책임을 집니다.
사용자는 당사에 제공하기로 한 데이터에 대해 액세스를 요청할 수 있는 권리를 가집니다. 액세스 요청은 user.support@risesmart.com으로 할 수 있습니다. 당사는 30일 이내에 해당 액세스 요청에 답변해야 합니다.
법인 고객으로부터 수령한 개인정보
사용자는 당사의 기업 고객이 당사와 계약을 체결하여 (a) 해당 기업 고객과 고용관계가 해제되었거나 해제될 예정인 직원들 중 서비스를 이용해 직업을 탐색하고 있는 법인 기업의 현직 및/또는 전직 직원을 지원(‘재취업 알선 지원’)하거나 (b) 서비스를 이용해 경력을 개발 중인 기업 고객의 현직 직원을 지원(‘경력 개발 지원’), ((a)와 (b)를 통칭하여, ‘기업 고객 약정사항”이라 함)하도록 할 수 있음을 인정합니다. 법인 고객 약정사항과 관련하여, 당사는 서비스를 사용할 수 있는 사용자의 목록을 법인 고객으로부터 수령합니다. 사용자가 서비스를 사용할 수 있는 경우, 법인 고객의 목록에는 사용자의 성명, 현재 또는 최근의 직책, 집 주소, 전화번호, 이메일 주소, 부서 또는 조직 단위와 기타 개인정보가 포함될 수 있습니다.
당사는 사용자의 고용인 또는 이전 고용인이 사용자에게 제공하려는 서비스를 제공함에 있어 정당한 이익을 위해 이러한 방법으로 사용자의 정보를 처리합니다. 당사는 법인 고객으로부터 수령한 개인정보만을 사용해 서비스를 사용할 수 있는 참여자와 연락합니다.
개인정보의 국외 전송
사용자 또는 법인 고객이 서비스와 관련하여 개인정보를 제공하는 경우, 사용자는 사용자나 법인 고객의 현재 위치에서 당사의 사무실과 서버 및 본 개인정보처리방침에 언급된 바에 따라 미국 또는 기타 국가에 소재한 승인된 제3자에게 해당 개인정보를 전송할 수 있음을 인정하고 이에 동의합니다.
기타 정보 및 쿠키의 사용
사용자가 서비스의 이용을 통해 당사와 상호작용할 경우, 당사는 개인적으로 식별할 수 없는 특정 정보를 수령하고 저장하게 됩니다. 이러한 정보는 다양한 기술을 통해 수동적으로 수집되며 사용자의 식별을 위해 명시적으로 사용할 수 없습니다. 또한, 서비스 기능(예를 들면, 개인식별정보가 포함되지 않은 설문지에 대한 응답 수집)의 일부로서 서비스에서 개인적으로 식별할 수 없는 다른 정보를 수집할 수 있습니다. 해당 정보는 당사에서 자체 저장하거나 당사의 대리인 또는 서비스 제공업체에서 소유하고 관리하는 데이터베이스에 포함될 수 있습니다. 서비스에서는 이러한 정보를 이용하고 해당 정보와 다른 정보를 조합하여 사이트 또는 서비스의 총 방문자 수, 사이트 또는 서비스 각 페이지의 방문자 수 및 당사의 방문자가 이용하는 인터넷 서비스 제공업체의 도메인 이름 등을 추적할 수 있습니다. 사용자 또는 기업 고객이 위에 명시된 바와 같이 자발적으로 정보를 제공하지 않는 한, 이 과정에서 어떠한 개인정보도 제공되거나 사용될 수 없다는 점을 유념해야 합니다.
서비스를 운영함에 있어 당사는 ‘쿠키’ 기술을 이용할 수 있습니다. 쿠키란 사용자가 서비스에 액세스할 때 서비스를 호스팅하는 컴퓨터에서 사용자의 브라우저에 제공하는 정보를 의미합니다. 당사의 쿠키를 사용하면 서비스에 추가 기능을 제공할 수 있으며 당사가 서비스의 사용을 더욱 정확하게 분석할 수 있습니다. 예를 들어, 사용자가 서비스에 방문할 동안 비밀번호를 2회 이상 입력하지 않고도 서비스에 액세스할 수 있도록 허용하는 쿠키를 사용자의 브라우저에 설정할 수 있습니다. 당사는 쿠키를 사용하는 모든 경우에 사용자의 허락 없이 개인정보를 수집하지 않습니다.
당사는 쿠키 또는 이와 유사한 기술을 사용하여 시간에 따른 사용자의 인터넷 검색 활동 및 다른 웹사이트에서 사용자가 서비스를 이용함에 따른 인터넷 검색 활동에 관한 정보를 수집할 수 있습니다(또한 타사 서비스 제공업체가 이를 수집할 수 있도록 허용할 수 있습니다). 현재 당사의 서비스는 ‘추적 안함’(DNT) 신호에 응답하지 않으며 DNT 신호를 받았는지 여부에 관계없이 본 개인정보처리방침에 명시된 방법에 따라 작동합니다. 당사가 향후 이 신호에 응답할 경우, 당사가 해당 신호에 응답하는 방법에 대한 설명이 본 개인정보처리방침에 명시될 예정입니다.
법인 고객과 정보 공유
사용자가 재취업 알선 지원을 위해 기업 고객 약정에 따라 서비스를 사용할 경우, 당사는 진행상황 보고서는 물론 사용자를 식별하고 사용자의 서비스 이용이나 서비스 이용 범위, 주요 진행상황 및 경력 개발 상황, 서비스와 관련된 고객만족이나 기타 피드백을 알 수 있는 정보(통칭하여, ‘재취업 알선 진행상황 데이터’라 함)를 각각 또는 통합하여 기업 고객 측에 제공할 수 있습니다. 당사는 수시로 당사와 기업 고객 간의 공유가 허용된 재취업 알선 진행상황 데이터를 직접 조정할 수 있는 도구를 사용자에게 제공할 수 있습니다. 사용자가 경력 개발 지원을 위해 기업 고객 약정에 따라 서비스를 사용할 경우, 당사는 진행상황 보고서는 물론 사용자를 식별하고 사용자의 서비스 이용이나 서비스 이용 범위, 주요 진행상황 및 직업 탐색 상황, 서비스와 관련된 고객만족이나 기타 피드백을 알 수 있는 정보(통칭하여, ‘경력 개발 진행상황 데이터’라 함)를 통합하여 기업 고객 측에 제공할 수 있습니다. 당사는 수시로 당사와 기업 고객 간의 공유가 허용된 경력 개발 진행상황 데이터를 직접 조정할 수 있는 도구를 사용자에게 제공할 수 있습니다. 당사가 기업 고객과 공유할 수 있는 재취업 알선 진행상황 데이터 또는 경력 개발 진행상황 데이터에 대해 문의사항이 있는 경우, user.support@risesmart.com으로 연락해 주시기 바랍니다(아래 정보 참고).
사용자 정보의 기타 사용 및 공유
당사는 서비스의 범위 내에서 사용자가 이용하려는 서비스의 구체적인 지원 내용을 결정하고, 구직자인 경우, 직업 소개서, 직업 탐색 교육, 이력서 작성 지원 및/또는 기타 지원을 제공하려는 목적을 포함하되 이에 한정되지 않도록 사용자에게 서비스를 제공할 목적으로 사용자의 개인정보 및 기타 정보를 수집, 전송하고 사용할 수 있습니다. 또한 당사는 (a) 사용자가 본인의 서비스 계정에 액세스하거나 당사의 직원과 연락하려는 경우에서와 같이 사용자를 식별하고 인증할 목적으로 또는 (b) 내부적으로 사용자 계정에 대한 당사의 서비스 활동을 확대하거나 조정하고, 당사의 경영진에게 내부적으로 서비스 실적을 보고하고, 내부 교육을 시행하고 달리 당사의 사업을 관리할 목적으로 사용자의 개인정보 및 기타 정보를 사용할 수 있습니다.
또한 사용자가 특정 사유로 개인정보 또는 기타 정보를 제공하는 경우, 당사는 정보가 제공된 사유와 관련하여 해당 개인정보 또는 기타 정보를 사용할 수 있습니다. 예를 들어, 사용자가 이메일로 당사에 연락할 경우 당사는 사용자가 제공한 개인정보를 이용해 사용자의 질의에 응답하고 문제를 해결합니다.
또한 당사는 다음과 같이 서비스를 통해 수집된 사용자의 개인정보 및 기타 정보를 사용하고 공유할 수 있습니다.
- 당사는 서비스의 콘텐츠와 기능을 개선하고 당사의 사용자를 더욱 잘 이해하며 서비스를 개선하는 데 도움이 되도록 사용자의 개인정보 및 기타 정보를 사용할 수 있습니다.
- 당사는 사업이 성장함에 따라 당사의 사업 또는 자산을 매매할 수 있습니다. 기업 매각, 합병, 구조조정, 해산 또는 이와 유사한 경우, 개인정보와 기타 정보는 양도 대상 자산의 일부에 해당될 수 있습니다.
- 당사는 본 개인정보처리방침의 일관성을 위해 사용자의 개인정보와 기타 정보를 당사의 계열회사들과 공유할 수 있습니다.
- 당사는 수많은 기업들과 마찬가지로 다른 회사와 계약을 체결하여 분석 등 특정 사업 관련 기능을 수행하도록 합니다. 당사가 다른 회사와 계약을 체결하여 당사를 대리해 기능을 수행하도록 하는 경우, 당사는 해당 회사가 특정 기능을 수행하는 데 필요하거나 유용한 범위 내에서 해당 회사에 사용자의 개인정보 및 기타 정보를 제공할 수 있습니다. 이 서비스 제공업체에는 당사의 서버를 호스팅하는 업체, 고객 관리 도구나 커뮤니케이션 도구를 제공하는 업체 및 사기를 감지하고 방지하는 데 도움이 되는 서비스를 제공하는 업체가 포함됩니다.
- 당사는 법률에 의해 요구되는 경우 또는 (i) 법적 의무를 준수하거나 (ii) 당사의 권리나 재산을 보호하고 방어하거나 (iii) 서비스 사용자 또는 일반 사용자의 개인 안전을 보호하기 위해 긴급한 상황에서 행동하거나 (iv) 법적 책임에 대해 보호하기 위해 필요하다고 선의로 판단하는 경우 사용자의 개인정보 및 기타 정보를 공개할 수 있습니다.
통합된 개인정보
당사는 서비스 사용자를 보다 잘 이해하고 사용자에게 서비스를 제공하기 위한 지속적인 노력의 일환으로 당사에 제공된 개인정보 및 기타 정보를 토대로 사용자의 인구통계, 관심사, 결과 및 행동에 대한 연구를 수시로 시행할 수 있습니다. 이 연구 및 사용자의 행동, 결과 또는 검토에 대한 기타 통계나 분석은 통합적인 방식으로 수집되고 분석될 수 있으며, 당사는 이 통합 데이터를 당사의 계열회사, 대리인 및 사업 파트너와 공유할 수 있습니다. 이 통합 정보에는 사용자가 개인적으로 식별되지 않습니다. 또한 당사는 현재 및 잠재적 사업 파트너 측에 당사의 서비스를 설명하기 위한 목적으로 통합된 사용자 통계를 공개할 수 있으며, 다른 법률상 목적으로 기타 제3자에게도 해당 통계를 공개할 수 있습니다.
정보 관리
당사는 사용자의 모든 개인정보 또는 기타 정보를 디지털 형식으로 수신하거나 입력할 수 있습니다. 당사는 사용자로부터 수령하였거나 사용자에 관한 모든 개인정보 및 기타 정보를 전유적 단일 데이터베이스 레코드로 결합할 수 있으며, 이를 미국 또는 기타 국가에 호스팅된 서버에 저장할 수 있습니다. 사용자는 당사가 보유한 사용자 정보가 정확한지 확인할 권리를 가집니다. 당사는 정보의 정확성을 기하기 위해 사용자에게 사용자 계정에 있는 개인정보 및 기타 정보의 요약본을 검토하고 이 정보를 확인하거나 수정하도록 요청할 수 있습니다.
당사의 직원은 온라인으로 사용자의 계정에 접속하여 필요사항과 조치 항목을 결정할 수 있으며, 사용자가 구직자인 경우 사무실, 여행지, 근무지에서 사용자의 계정에 직업 소개서를 게시할 수 있습니다.
당사는 서비스를 통해 제공된 개인정보 및 기타 정보가 분실, 오용, 무단 액세스, 공개, 변경되거나 폐기되지 않도록 보호하기 위한 합리적인 조치를 취해야 합니다. 다만, 어떠한 인터넷이나 이메일 전송도 항상 완벽하게 안전하거나 오류가 없는 것은 아닙니다. 특히 서비스에서 수신되거나 발신되는 이메일 또는 기타 전송은 안전하지 않을 가능성이 있습니다. 따라서 이메일 또는 기타 전송 방식으로 당사에 발송할 정보를 결정할 때에는 특히 주의해야 합니다.
다른 웹사이트로 연결되는 링크
본 개인정보처리방침은 서비스에만 적용됩니다. 서비스에는 당사가 운영하거나 관리하지 않는 기타 웹사이트(‘타사 사이트’)로 연결되는 링크가 포함될 수 있습니다. 본 개인정보처리방침에 명시된 정책과 절차는 타사 사이트에는 적용되지 않습니다. 서비스에 연결된 링크의 경우 당사가 타사 사이트의 내용을 지지하거나 검토했다는 것을 의미하지는 않습니다. 해당 사이트의 개인정보처리방침에 관한 정보를 확인하려면 해당 사이트에 직접 문의해 주시기 바랍니다.
공개 정보
사용자가 서비스의 공공 영역에 정보를 게시하는 등 서비스 또는 기타 방법을 통해 요청되지 않은 개인정보를 당사에 제공하는 경우, 요청되지 않은 해당 정보는 비밀정보가 아닌 것으로 간주됩니다. 당사는 이러한 요청되지 않은 정보를 제한이나 귀속 없이 자유롭게 복제, 사용, 공개하고 배포할 수 있어야 합니다. 사이트에 액세스할 수 있는 전 세계 모든 사용자는 공공 영역에 게시된 모든 정보에 액세스하고 이를 저장할 수 있습니다.
어린이
당사는 만 13세 미만의 어린이를 대상으로 서비스를 제공하지 않으며, 해당 어린이의 정보를 의도적으로 수집하지 않습니다.
본 개인정보처리방침의 변경
서비스와 당사의 사업은 수시로 변경될 수 있습니다. 그로 인해 당사는 본 개인정보처리방침을 필요에 따라 수시로 변경할 수 있습니다. 당사는 사전 통지를 하지 않고도 언제든지 수시로 본 개인정보처리방침을 업데이트하거나 수정할 권리를 가집니다. 정기적으로 본 개인정보처리방침을 검토해 주시고, 특히 개인정보를 제공하기 전에는 반드시 확인해 주시기 바랍니다. 본 개인정보처리방침은 아래 명시된 날짜에 최종 업데이트되었습니다. 본 개인정보처리방침이 변경되거나 수정된 이후에 사용자가 서비스를 지속적으로 사용할 경우, 이는 사용자가 해당 개인정보처리방침의 변경 내용에 동의한 것으로 간주됩니다.
당사와 연락하기
사용자의 개인정보를 정확하고 완전한 최신 정보로 유지하기 위해 아래 명시된 바와 같이 당사에 연락 주시기 바랍니다. 당사는 서비스를 통해 사용자가 이미 제출한 당사 소유의 사용자 개인정보를 업데이트하고 수정하기 위해 합리적인 조치를 취할 것입니다.
본 개인정보처리방침 또는 관련된 개인정보 보호 문제에 대하여 문제가 있거나 문의사항이 있는 경우, 아래 주소로 당사의 개인정보 보호 담당자에게 문의해 주시기 바랍니다.
개인정보보호 부서
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
이메일: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
이메일: user.support@risesmart.com
유럽경제지역(EEA) 및 스위스에 소재한 사용자들은 자국 내 정보보호 감독기관에 이의를 제기할 수 있는 권리를 가집니다.
시행일: 2019년 1월 18일
Effective May 21st 2019 to July 15th 2019
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RISESMART의 개인정보처리방침
RiseSmart, Inc.와 그 계열회사들(통칭하여, ‘당사’라 함)은 당사의 서비스 약관(http://www.RiseSmart.com/terms-conditions에 게재됨)(’서비스 약관’이라 함) 및 본 개인정보처리방침에 의거하여 당사가 관리하는 웹사이트(http://www.RiseSmart.com에 있는 사이트를 포함하되 이에 한정되지 않음)(통칭하여, ‘사이트’라 함)를 통해 사용자에게 당사의 서비스(아래 정의됨)를 제공합니다. ‘서비스’에는 (a) 사이트, (b) 당사의 재취업 알선, 경력 관리 서비스, 기타 관련 서비스(파일 관리 및 분석 서비스를 포함함) 및 관련된 기술과 (c) 모든 소프트웨어, 자료, 포털, 권장사항, 직업 소개서, 데이터, 보고서, 텍스트, 이미지, 소리, 동영상, 분석 및 전술한 내용을 통해 제공되는 기타 콘텐츠(통칭하여, ‘콘텐츠’라 함)가 포함됩니다.
당사는 서비스를 통해 수집하고 처리한 모든 정보를 관리하는 데이터 관리자입니다. 또한 서비스에 추가되거나 서비스를 확대하는 새로운 기능도 서비스 약관 및 본 개인정보처리방침의 적용을 받습니다. 본 개인정보처리방침에는 서비스와 관련해 수집되고 전송되며 달리 사용되는 개인 식별 가능 데이터(‘개인정보’) 및 기타 정보와 관련된 당사의 방침이 명시되어 있습니다. 사용자가 서비스를 사용하는 기간 중에 수집될 수 있는 익명 데이터는 ‘개인정보’에 포함되지 않습니다.
사용자의 동의
사용자는 당사에 자발적으로 개인정보를 제공하거나 달리 서비스를 사용함으로써 본 개인정보처리방침 및 당사가 서비스와 관련해 수시로 제공하는 기타 통지에 요약된 바에 따라 당사가 사용자의 개인정보 및 기타 정보를 수집, 전송하고 사용하는 것에 동의하는 것으로 간주됩니다. 사용자는 이 동의를 철회하고 당사에 제공한 정보를 삭제하도록 요청할 수 있는 권리를 가집니다.
사용자로부터 수령한 개인정보
사용자가 서비스를 사용하기로 결정한 경우 당사는 사용자에게 개인정보를 직접 당사에 제출하도록 요청할 수 있습니다. 당사는 사용자로부터 다음 각 호를 수령할 수 있습니다.
- 사용자의 성명, 현재 또는 최근의 직책, 회사명, 전화번호, 주소, 이메일 주소 및 기타 신원 정보 또는 연락처 정보
- 사용자의 경력과 기타 경험, 교육훈련, 기타 자격사항, 취업 목표, 기대 급여, 관심사항 및 기타 이력 정보
- 사용자의 경력 개발 및 직업 탐색의 주요 진행 상황에 관한 정보 및
- 사용자의 경력 개발, 직업 탐색 및 서비스에 대한 고객 만족도 또는 기타 피드백 관련 정보.
또한, 사용자가 당사에 문의사항이 있는 경우나 당사의 설문조사에 응답하는 경우와 같이 서비스를 통해 사용자와 당사가 상호작용할 때, 당사는 사용자가 자발적으로 정보를 제공할 경우에 기타 개인정보 및 사용자 제공 정보를 수집할 수 있습니다.
사용자는 서비스 이용을 위한 계정 활성화(온라인 등록 또는 문서 형식), 당사의 요청으로 작성하는 이력서, 체크리스트와 설문지, 교육 및 상담 시간, 토론, 이메일 교환 및 기타 채널을 포함하여 서비스와 관련된 다양한 채널을 통해 사용자의 개인정보를 제공하도록 요청 받을 수 있습니다. 또한 서비스에서 사용자의 인터넷 프로토콜(IP) 주소를 수집할 수 있습니다.
서비스에서 만들 수 있는 개인 웹 계정의 경우, 당사는 사용자에게 고유의 사용자 아이디, 비밀번호와 알림 질문을 설정하고 이 로그인 정보를 이용해 계정에 액세스하도록 요청할 수 있습니다. 사용자는 사용자 아이디, 비밀번호와 알림 질문 정보를 비밀로 유지하기로 하며, 해당 정보의 비밀을 유지하지 못할 경우 사용자의 개인정보 또는 기타 정보와 관련해 초래되는 사용, 도용, 변경, 남용 또는 손실에 대해 전적으로 책임을 집니다.
사용자는 당사에 제공하기로 한 데이터에 대해 액세스를 요청할 수 있는 권리를 가집니다. 액세스 요청은 user.support@risesmart.com으로 할 수 있습니다. 당사는 30일 이내에 해당 액세스 요청에 답변해야 합니다.
법인 고객으로부터 수령한 개인정보
사용자는 당사의 기업 고객이 당사와 계약을 체결하여 (a) 해당 기업 고객과 고용관계가 해제되었거나 해제될 예정인 직원들 중 서비스를 이용해 직업을 탐색하고 있는 법인 기업의 현직 및/또는 전직 직원을 지원(‘재취업 알선 지원’)하거나 (b) 서비스를 이용해 경력을 개발 중인 기업 고객의 현직 직원을 지원(‘경력 개발 지원’), ((a)와 (b)를 통칭하여, ‘기업 고객 약정사항”이라 함)하도록 할 수 있음을 인정합니다. 법인 고객 약정사항과 관련하여, 당사는 서비스를 사용할 수 있는 사용자의 목록을 법인 고객으로부터 수령합니다. 사용자가 서비스를 사용할 수 있는 경우, 법인 고객의 목록에는 사용자의 성명, 현재 또는 최근의 직책, 집 주소, 전화번호, 이메일 주소, 부서 또는 조직 단위와 기타 개인정보가 포함될 수 있습니다.
당사는 사용자의 고용인 또는 이전 고용인이 사용자에게 제공하려는 서비스를 제공함에 있어 정당한 이익을 위해 이러한 방법으로 사용자의 정보를 처리합니다. 당사는 법인 고객으로부터 수령한 개인정보만을 사용해 서비스를 사용할 수 있는 참여자와 연락합니다.
개인정보의 국외 전송
사용자 또는 법인 고객이 서비스와 관련하여 개인정보를 제공하는 경우, 사용자는 사용자나 법인 고객의 현재 위치에서 당사의 사무실과 서버 및 본 개인정보처리방침에 언급된 바에 따라 미국 또는 기타 국가에 소재한 승인된 제3자에게 해당 개인정보를 전송할 수 있음을 인정하고 이에 동의합니다.
기타 정보 및 쿠키의 사용
사용자가 서비스의 이용을 통해 당사와 상호작용할 경우, 당사는 개인적으로 식별할 수 없는 특정 정보를 수령하고 저장하게 됩니다. 이러한 정보는 다양한 기술을 통해 수동적으로 수집되며 사용자의 식별을 위해 명시적으로 사용할 수 없습니다. 또한, 서비스 기능(예를 들면, 개인식별정보가 포함되지 않은 설문지에 대한 응답 수집)의 일부로서 서비스에서 개인적으로 식별할 수 없는 다른 정보를 수집할 수 있습니다. 해당 정보는 당사에서 자체 저장하거나 당사의 대리인 또는 서비스 제공업체에서 소유하고 관리하는 데이터베이스에 포함될 수 있습니다. 서비스에서는 이러한 정보를 이용하고 해당 정보와 다른 정보를 조합하여 사이트 또는 서비스의 총 방문자 수, 사이트 또는 서비스 각 페이지의 방문자 수 및 당사의 방문자가 이용하는 인터넷 서비스 제공업체의 도메인 이름 등을 추적할 수 있습니다. 사용자 또는 기업 고객이 위에 명시된 바와 같이 자발적으로 정보를 제공하지 않는 한, 이 과정에서 어떠한 개인정보도 제공되거나 사용될 수 없다는 점을 유념해야 합니다.
서비스를 운영함에 있어 당사는 ‘쿠키’ 기술을 이용할 수 있습니다. 쿠키란 사용자가 서비스에 액세스할 때 서비스를 호스팅하는 컴퓨터에서 사용자의 브라우저에 제공하는 정보를 의미합니다. 당사의 쿠키를 사용하면 서비스에 추가 기능을 제공할 수 있으며 당사가 서비스의 사용을 더욱 정확하게 분석할 수 있습니다. 예를 들어, 사용자가 서비스에 방문할 동안 비밀번호를 2회 이상 입력하지 않고도 서비스에 액세스할 수 있도록 허용하는 쿠키를 사용자의 브라우저에 설정할 수 있습니다. 당사는 쿠키를 사용하는 모든 경우에 사용자의 허락 없이 개인정보를 수집하지 않습니다.
당사는 쿠키 또는 이와 유사한 기술을 사용하여 시간에 따른 사용자의 인터넷 검색 활동 및 다른 웹사이트에서 사용자가 서비스를 이용함에 따른 인터넷 검색 활동에 관한 정보를 수집할 수 있습니다(또한 타사 서비스 제공업체가 이를 수집할 수 있도록 허용할 수 있습니다). 현재 당사의 서비스는 ‘추적 안함’(DNT) 신호에 응답하지 않으며 DNT 신호를 받았는지 여부에 관계없이 본 개인정보처리방침에 명시된 방법에 따라 작동합니다. 당사가 향후 이 신호에 응답할 경우, 당사가 해당 신호에 응답하는 방법에 대한 설명이 본 개인정보처리방침에 명시될 예정입니다.
법인 고객과 정보 공유
사용자가 재취업 알선 지원을 위해 기업 고객 약정에 따라 서비스를 사용할 경우, 당사는 진행상황 보고서는 물론 사용자를 식별하고 사용자의 서비스 이용이나 서비스 이용 범위, 주요 진행상황 및 경력 개발 상황, 서비스와 관련된 고객만족이나 기타 피드백을 알 수 있는 정보(통칭하여, ‘재취업 알선 진행상황 데이터’라 함)를 각각 또는 통합하여 기업 고객 측에 제공할 수 있습니다. 당사는 수시로 당사와 기업 고객 간의 공유가 허용된 재취업 알선 진행상황 데이터를 직접 조정할 수 있는 도구를 사용자에게 제공할 수 있습니다. 사용자가 경력 개발 지원을 위해 기업 고객 약정에 따라 서비스를 사용할 경우, 당사는 진행상황 보고서는 물론 사용자를 식별하고 사용자의 서비스 이용이나 서비스 이용 범위, 주요 진행상황 및 직업 탐색 상황, 서비스와 관련된 고객만족이나 기타 피드백을 알 수 있는 정보(통칭하여, ‘경력 개발 진행상황 데이터’라 함)를 통합하여 기업 고객 측에 제공할 수 있습니다. 당사는 수시로 당사와 기업 고객 간의 공유가 허용된 경력 개발 진행상황 데이터를 직접 조정할 수 있는 도구를 사용자에게 제공할 수 있습니다. 당사가 기업 고객과 공유할 수 있는 재취업 알선 진행상황 데이터 또는 경력 개발 진행상황 데이터에 대해 문의사항이 있는 경우, user.support@risesmart.com으로 연락해 주시기 바랍니다(아래 정보 참고).
사용자 정보의 기타 사용 및 공유
당사는 서비스의 범위 내에서 사용자가 이용하려는 서비스의 구체적인 지원 내용을 결정하고, 구직자인 경우, 직업 소개서, 직업 탐색 교육, 이력서 작성 지원 및/또는 기타 지원을 제공하려는 목적을 포함하되 이에 한정되지 않도록 사용자에게 서비스를 제공할 목적으로 사용자의 개인정보 및 기타 정보를 수집, 전송하고 사용할 수 있습니다. 또한 당사는 (a) 사용자가 본인의 서비스 계정에 액세스하거나 당사의 직원과 연락하려는 경우에서와 같이 사용자를 식별하고 인증할 목적으로 또는 (b) 내부적으로 사용자 계정에 대한 당사의 서비스 활동을 확대하거나 조정하고, 당사의 경영진에게 내부적으로 서비스 실적을 보고하고, 내부 교육을 시행하고 달리 당사의 사업을 관리할 목적으로 사용자의 개인정보 및 기타 정보를 사용할 수 있습니다.
또한 사용자가 특정 사유로 개인정보 또는 기타 정보를 제공하는 경우, 당사는 정보가 제공된 사유와 관련하여 해당 개인정보 또는 기타 정보를 사용할 수 있습니다. 예를 들어, 사용자가 이메일로 당사에 연락할 경우 당사는 사용자가 제공한 개인정보를 이용해 사용자의 질의에 응답하고 문제를 해결합니다.
또한 당사는 다음과 같이 서비스를 통해 수집된 사용자의 개인정보 및 기타 정보를 사용하고 공유할 수 있습니다.
- 당사는 서비스의 콘텐츠와 기능을 개선하고 당사의 사용자를 더욱 잘 이해하며 서비스를 개선하는 데 도움이 되도록 사용자의 개인정보 및 기타 정보를 사용할 수 있습니다.
- 당사는 사업이 성장함에 따라 당사의 사업 또는 자산을 매매할 수 있습니다. 기업 매각, 합병, 구조조정, 해산 또는 이와 유사한 경우, 개인정보와 기타 정보는 양도 대상 자산의 일부에 해당될 수 있습니다.
- 당사는 본 개인정보처리방침의 일관성을 위해 사용자의 개인정보와 기타 정보를 당사의 계열회사들과 공유할 수 있습니다.
- 당사는 수많은 기업들과 마찬가지로 다른 회사와 계약을 체결하여 분석 등 특정 사업 관련 기능을 수행하도록 합니다. 당사가 다른 회사와 계약을 체결하여 당사를 대리해 기능을 수행하도록 하는 경우, 당사는 해당 회사가 특정 기능을 수행하는 데 필요하거나 유용한 범위 내에서 해당 회사에 사용자의 개인정보 및 기타 정보를 제공할 수 있습니다. 이 서비스 제공업체에는 당사의 서버를 호스팅하는 업체, 고객 관리 도구나 커뮤니케이션 도구를 제공하는 업체 및 사기를 감지하고 방지하는 데 도움이 되는 서비스를 제공하는 업체가 포함됩니다.
- 당사는 법률에 의해 요구되는 경우 또는 (i) 법적 의무를 준수하거나 (ii) 당사의 권리나 재산을 보호하고 방어하거나 (iii) 서비스 사용자 또는 일반 사용자의 개인 안전을 보호하기 위해 긴급한 상황에서 행동하거나 (iv) 법적 책임에 대해 보호하기 위해 필요하다고 선의로 판단하는 경우 사용자의 개인정보 및 기타 정보를 공개할 수 있습니다.
통합된 개인정보
당사는 서비스 사용자를 보다 잘 이해하고 사용자에게 서비스를 제공하기 위한 지속적인 노력의 일환으로 당사에 제공된 개인정보 및 기타 정보를 토대로 사용자의 인구통계, 관심사, 결과 및 행동에 대한 연구를 수시로 시행할 수 있습니다. 이 연구 및 사용자의 행동, 결과 또는 검토에 대한 기타 통계나 분석은 통합적인 방식으로 수집되고 분석될 수 있으며, 당사는 이 통합 데이터를 당사의 계열회사, 대리인 및 사업 파트너와 공유할 수 있습니다. 이 통합 정보에는 사용자가 개인적으로 식별되지 않습니다. 또한 당사는 현재 및 잠재적 사업 파트너 측에 당사의 서비스를 설명하기 위한 목적으로 통합된 사용자 통계를 공개할 수 있으며, 다른 법률상 목적으로 기타 제3자에게도 해당 통계를 공개할 수 있습니다.
정보 관리
당사는 사용자의 모든 개인정보 또는 기타 정보를 디지털 형식으로 수신하거나 입력할 수 있습니다. 당사는 사용자로부터 수령하였거나 사용자에 관한 모든 개인정보 및 기타 정보를 전유적 단일 데이터베이스 레코드로 결합할 수 있으며, 이를 미국 또는 기타 국가에 호스팅된 서버에 저장할 수 있습니다. 사용자는 당사가 보유한 사용자 정보가 정확한지 확인할 권리를 가집니다. 당사는 정보의 정확성을 기하기 위해 사용자에게 사용자 계정에 있는 개인정보 및 기타 정보의 요약본을 검토하고 이 정보를 확인하거나 수정하도록 요청할 수 있습니다.
당사의 직원은 온라인으로 사용자의 계정에 접속하여 필요사항과 조치 항목을 결정할 수 있으며, 사용자가 구직자인 경우 사무실, 여행지, 근무지에서 사용자의 계정에 직업 소개서를 게시할 수 있습니다.
당사는 서비스를 통해 제공된 개인정보 및 기타 정보가 분실, 오용, 무단 액세스, 공개, 변경되거나 폐기되지 않도록 보호하기 위한 합리적인 조치를 취해야 합니다. 다만, 어떠한 인터넷이나 이메일 전송도 항상 완벽하게 안전하거나 오류가 없는 것은 아닙니다. 특히 서비스에서 수신되거나 발신되는 이메일 또는 기타 전송은 안전하지 않을 가능성이 있습니다. 따라서 이메일 또는 기타 전송 방식으로 당사에 발송할 정보를 결정할 때에는 특히 주의해야 합니다.
다른 웹사이트로 연결되는 링크
본 개인정보처리방침은 서비스에만 적용됩니다. 서비스에는 당사가 운영하거나 관리하지 않는 기타 웹사이트(‘타사 사이트’)로 연결되는 링크가 포함될 수 있습니다. 본 개인정보처리방침에 명시된 정책과 절차는 타사 사이트에는 적용되지 않습니다. 서비스에 연결된 링크의 경우 당사가 타사 사이트의 내용을 지지하거나 검토했다는 것을 의미하지는 않습니다. 해당 사이트의 개인정보처리방침에 관한 정보를 확인하려면 해당 사이트에 직접 문의해 주시기 바랍니다.
공개 정보
사용자가 서비스의 공공 영역에 정보를 게시하는 등 서비스 또는 기타 방법을 통해 요청되지 않은 개인정보를 당사에 제공하는 경우, 요청되지 않은 해당 정보는 비밀정보가 아닌 것으로 간주됩니다. 당사는 이러한 요청되지 않은 정보를 제한이나 귀속 없이 자유롭게 복제, 사용, 공개하고 배포할 수 있어야 합니다. 사이트에 액세스할 수 있는 전 세계 모든 사용자는 공공 영역에 게시된 모든 정보에 액세스하고 이를 저장할 수 있습니다.
어린이
당사는 만 13세 미만의 어린이를 대상으로 서비스를 제공하지 않으며, 해당 어린이의 정보를 의도적으로 수집하지 않습니다.
본 개인정보처리방침의 변경
서비스와 당사의 사업은 수시로 변경될 수 있습니다. 그로 인해 당사는 본 개인정보처리방침을 필요에 따라 수시로 변경할 수 있습니다. 당사는 사전 통지를 하지 않고도 언제든지 수시로 본 개인정보처리방침을 업데이트하거나 수정할 권리를 가집니다. 정기적으로 본 개인정보처리방침을 검토해 주시고, 특히 개인정보를 제공하기 전에는 반드시 확인해 주시기 바랍니다. 본 개인정보처리방침은 아래 명시된 날짜에 최종 업데이트되었습니다. 본 개인정보처리방침이 변경되거나 수정된 이후에 사용자가 서비스를 지속적으로 사용할 경우, 이는 사용자가 해당 개인정보처리방침의 변경 내용에 동의한 것으로 간주됩니다.
당사와 연락하기
사용자의 개인정보를 정확하고 완전한 최신 정보로 유지하기 위해 아래 명시된 바와 같이 당사에 연락 주시기 바랍니다. 당사는 서비스를 통해 사용자가 이미 제출한 당사 소유의 사용자 개인정보를 업데이트하고 수정하기 위해 합리적인 조치를 취할 것입니다.
본 개인정보처리방침 또는 관련된 개인정보 보호 문제에 대하여 문제가 있거나 문의사항이 있는 경우, 아래 주소로 당사의 개인정보 보호 담당자에게 문의해 주시기 바랍니다.
개인정보보호 부서
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
이메일: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
이메일: user.support@risesmart.com
유럽경제지역(EEA) 및 스위스에 소재한 사용자들은 자국 내 정보보호 감독기관에 이의를 제기할 수 있는 권리를 가집니다.
시행일: 2019년 1월 18일
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Sie speichern nicht direkt personenbezogene Daten, basierend jedoch auf der eindeutigen Identifizierung Ihres Browsers und Internetgeräts. Wenn Sie diese Cookies nicht zulassen, erhalten Sie weniger zielgerichtete Werbung.
Sie speichern nicht direkt personenbezogene Daten, basierend jedoch auf der eindeutigen Identifizierung Ihres Browsers und Internetgeräts. Wenn Sie diese Cookies nicht zulassen, erhalten Sie weniger zielgerichtete Werbung.
Eingesetzte Cookies
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facebook.com |
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openx.net |
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clickagy.com |
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demdex.net |
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simpli.fi |
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turn.com |
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domdex.com |
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exelator.com |
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addthis.com |
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hlserve.com |
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videoamp.com |
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gwallet.com |
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adbrn.com |
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tag.crsspxl.com |
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company-target.com |
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krxd.net |
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pippio.com |
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adsnative.com |
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w55c.net |
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everesttech.net |
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advertising.com |
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pubmatic.com |
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ru4.com |
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dpm.demdex.net |
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pro-market.net |
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mxptint.net |
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bizrate.com |
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insightexpressai.com |
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match.rundsp.com |
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netseer.com |
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shareaholic.com |
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viglink.com |
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ibeu2.mookie1.com |
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jivox.com |
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myvisualiq.net |
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ml314.com |
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media6degrees.com |
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tidaltv.com |
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adkernel.com |
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criteo.com |
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bing.com |
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crsspxl.com |
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weborama.fr |
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rubiconproject.com |
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c.bing.com |
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global.ib-ibi.com |
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s.thebrighttag.com |
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3lift.com |
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bizographics.com |
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bidr.io |
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casalemedia.com |
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reson8.com |
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youtube.com |
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adsrvr.org |
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linkedin.com |
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tapad.com |
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crwdcntrl.net |
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disqus.com |
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ads.linkedin.com |
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vmweb.net |
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videostat.com |
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google.com |
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rlcdn.com |
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google.co.uk |
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bluekai.com |
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rfihub.com |
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t.sharethis.com |
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sharethis.com |
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scorecardresearch.com |
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adnxs.com |
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doubleclick.net |
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ctnsnet.com |
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adsymptotic.com |
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eyeota.net |
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sitescout.com |
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agkn.com |
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Cookies estrictamente necesarias
Effective July 15th 2019
DownloadTable of Contents
Cookies estrictamente necesarias
Estas cookies son necesarias para que funcione el sitio web y no se pueden desactivar en nuestros sistemas. Normalmente, solo se envían en respuesta a acciones llevadas a cabo por usted que equivalen a una solicitud de servicios, como la configuración de las preferencias de privacidad, el inicio de sesión o la cumplimentación de formularios.
Puede configurar su navegador para bloquear las cookies o recibir alertas sobre su envío, pero en tal caso algunas secciones del sitio no funcionarán. Estas cookies no almacenan ninguna información de identificación personal.
Puede configurar su navegador para bloquear las cookies o recibir alertas sobre su envío, pero en tal caso algunas secciones del sitio no funcionarán. Estas cookies no almacenan ninguna información de identificación personal.
Cookies utilizadas
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
Cookies de rendimiento
Estas cookies nos permiten contabilizar las visitas y fuentes de tráfico para poder medir y mejorar el rendimiento de nuestro sitio. Nos permiten conocer qué páginas son las más y menos populares, además de comprobar cómo se desplazan los visitantes por el sitio.
Toda la información recopilada por estas cookies es global y, por lo tanto, anónima. Si no permite estas cookies, no podremos saber cuándo ha visitado nuestro sitio ni podremos supervisar su rendimiento.
Toda la información recopilada por estas cookies es global y, por lo tanto, anónima. Si no permite estas cookies, no podremos saber cuándo ha visitado nuestro sitio ni podremos supervisar su rendimiento.
Cookies utilizadas
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
Categorías | Cookies |
app.listenloop.com |
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hs-analytics.net |
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hubspot.net |
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hubspot.com |
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hs-scripts.com |
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hsstatic.net |
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Cookies funcionales
Estas cookies permiten al sitio web proporcionar una funcionalidad y capacidad de personalización mejoradas. Es posible que las enviemos nosotros o proveedores externos cuyos servicios hayamos añadido a nuestras páginas.
Si no permite estas cookies, es posible que algunos o todos estos servicios no funcionen correctamente.
Si no permite estas cookies, es posible que algunos o todos estos servicios no funcionen correctamente.
Cookies utilizadas
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
Cookies | |
hsforms.net |
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io.narrative.io |
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dpmsrv.com |
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ndg.io |
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v12group.com |
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match.adsby.bidtheatre.com |
|
img.webmd.com |
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dmp.truoptik.com |
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cdn.viglink.com |
|
visiblemeasures.com |
|
pool.admedo.com |
|
entitytag.co.uk |
|
truoptik.com |
|
newton.newtonsoftware.com |
|
api.at.getsocial.io |
|
mmsho.com |
|
lkqd.net |
|
linksynergy.com |
|
dlx.addthis.com |
|
nextinsure.com |
|
rezync.com |
|
dsp.io |
|
live.rezync.com |
|
p.mmsho.com |
|
choozle.com |
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cs.popwal.it |
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postrelease.com |
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adventori.com |
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tags.rd.linksynergy.com |
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secure.insightexpressai.com |
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prf.hn |
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trkn.us |
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popwal.it |
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accounts.google.com |
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marchex.io |
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fzlnk.com |
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links.services.disqus.com |
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view.vzaar.com |
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Cookies de preferencias
Es posible que nuestros socios publicitarios envíen estas cookies a través de nuestro sitio. Dichos socios pueden utilizar estas cookies para crear un perfil sobre los intereses del usuario y mostrarle anuncios relevantes en otros sitios.
Estas cookies no almacenan información personal directamente, pero sirven para identificar de manera exclusiva su navegador y dispositivo de acceso a Internet. Si no las permite, recibirá publicidad menos personalizada.
Estas cookies no almacenan información personal directamente, pero sirven para identificar de manera exclusiva su navegador y dispositivo de acceso a Internet. Si no las permite, recibirá publicidad menos personalizada.
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
Categorías | Cookies |
facebook.com |
|
openx.net |
|
clickagy.com |
|
demdex.net |
|
simpli.fi |
|
turn.com |
|
domdex.com |
|
exelator.com |
|
addthis.com |
|
hlserve.com |
|
videoamp.com |
|
gwallet.com |
|
adbrn.com |
|
tag.crsspxl.com |
|
company-target.com |
|
krxd.net |
|
pippio.com |
|
adsnative.com |
|
w55c.net |
|
everesttech.net |
|
advertising.com |
|
pubmatic.com |
|
ru4.com |
|
dpm.demdex.net |
|
pro-market.net |
|
mxptint.net |
|
bizrate.com |
|
insightexpressai.com |
|
match.rundsp.com |
|
netseer.com |
|
shareaholic.com |
|
viglink.com |
|
ibeu2.mookie1.com |
|
jivox.com |
|
myvisualiq.net |
|
ml314.com |
|
media6degrees.com |
|
tidaltv.com |
|
adkernel.com |
|
criteo.com |
|
bing.com |
|
crsspxl.com |
|
weborama.fr |
|
rubiconproject.com |
|
c.bing.com |
|
global.ib-ibi.com |
|
s.thebrighttag.com |
|
3lift.com |
|
bizographics.com |
|
bidr.io |
|
casalemedia.com |
|
reson8.com |
|
youtube.com |
|
adsrvr.org |
|
linkedin.com |
|
tapad.com |
|
crwdcntrl.net |
|
disqus.com |
|
ads.linkedin.com |
|
vmweb.net |
|
videostat.com |
|
google.com |
|
rlcdn.com |
|
google.co.uk |
|
bluekai.com |
|
rfihub.com |
|
t.sharethis.com |
|
sharethis.com |
|
scorecardresearch.com |
|
adnxs.com |
|
doubleclick.net |
|
ctnsnet.com |
|
adsymptotic.com |
|
eyeota.net |
|
sitescout.com |
|
agkn.com |
|
Effective May 24th 2019 to July 15th 2019
DownloadTable of Contents
Cookies estrictamente necesarias
Estas cookies son necesarias para que funcione el sitio web y no se pueden desactivar en nuestros sistemas. Normalmente, solo se envían en respuesta a acciones llevadas a cabo por usted que equivalen a una solicitud de servicios, como la configuración de las preferencias de privacidad, el inicio de sesión o la cumplimentación de formularios.
Puede configurar su navegador para bloquear las cookies o recibir alertas sobre su envío, pero en tal caso algunas secciones del sitio no funcionarán. Estas cookies no almacenan ninguna información de identificación personal.
Puede configurar su navegador para bloquear las cookies o recibir alertas sobre su envío, pero en tal caso algunas secciones del sitio no funcionarán. Estas cookies no almacenan ninguna información de identificación personal.
Cookies utilizadas
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
Cookies de rendimiento
Estas cookies nos permiten contabilizar las visitas y fuentes de tráfico para poder medir y mejorar el rendimiento de nuestro sitio. Nos permiten conocer qué páginas son las más y menos populares, además de comprobar cómo se desplazan los visitantes por el sitio.
Toda la información recopilada por estas cookies es global y, por lo tanto, anónima. Si no permite estas cookies, no podremos saber cuándo ha visitado nuestro sitio ni podremos supervisar su rendimiento.
Toda la información recopilada por estas cookies es global y, por lo tanto, anónima. Si no permite estas cookies, no podremos saber cuándo ha visitado nuestro sitio ni podremos supervisar su rendimiento.
Cookies utilizadas
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
Categorías | Cookies |
app.listenloop.com |
|
hs-analytics.net |
|
hubspot.net |
|
hubspot.com |
|
hs-scripts.com |
|
hsstatic.net |
|
Cookies funcionales
Estas cookies permiten al sitio web proporcionar una funcionalidad y capacidad de personalización mejoradas. Es posible que las enviemos nosotros o proveedores externos cuyos servicios hayamos añadido a nuestras páginas.
Si no permite estas cookies, es posible que algunos o todos estos servicios no funcionen correctamente.
Si no permite estas cookies, es posible que algunos o todos estos servicios no funcionen correctamente.
Cookies utilizadas
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
Cookies | |
hsforms.net |
|
io.narrative.io |
|
dpmsrv.com |
|
ndg.io |
|
v12group.com |
|
match.adsby.bidtheatre.com |
|
img.webmd.com |
|
dmp.truoptik.com |
|
cdn.viglink.com |
|
visiblemeasures.com |
|
pool.admedo.com |
|
entitytag.co.uk |
|
truoptik.com |
|
newton.newtonsoftware.com |
|
api.at.getsocial.io |
|
mmsho.com |
|
lkqd.net |
|
linksynergy.com |
|
dlx.addthis.com |
|
nextinsure.com |
|
rezync.com |
|
dsp.io |
|
live.rezync.com |
|
p.mmsho.com |
|
choozle.com |
|
cs.popwal.it |
|
postrelease.com |
|
adventori.com |
|
tags.rd.linksynergy.com |
|
secure.insightexpressai.com |
|
prf.hn |
|
trkn.us |
|
popwal.it |
|
accounts.google.com |
|
marchex.io |
|
fzlnk.com |
|
links.services.disqus.com |
|
view.vzaar.com |
|
Cookies de preferencias
Es posible que nuestros socios publicitarios envíen estas cookies a través de nuestro sitio. Dichos socios pueden utilizar estas cookies para crear un perfil sobre los intereses del usuario y mostrarle anuncios relevantes en otros sitios.
Estas cookies no almacenan información personal directamente, pero sirven para identificar de manera exclusiva su navegador y dispositivo de acceso a Internet. Si no las permite, recibirá publicidad menos personalizada.
Estas cookies no almacenan información personal directamente, pero sirven para identificar de manera exclusiva su navegador y dispositivo de acceso a Internet. Si no las permite, recibirá publicidad menos personalizada.
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
Categorías | Cookies |
facebook.com |
|
openx.net |
|
clickagy.com |
|
demdex.net |
|
simpli.fi |
|
turn.com |
|
domdex.com |
|
exelator.com |
|
addthis.com |
|
hlserve.com |
|
videoamp.com |
|
gwallet.com |
|
adbrn.com |
|
tag.crsspxl.com |
|
company-target.com |
|
krxd.net |
|
pippio.com |
|
adsnative.com |
|
w55c.net |
|
everesttech.net |
|
advertising.com |
|
pubmatic.com |
|
ru4.com |
|
dpm.demdex.net |
|
pro-market.net |
|
mxptint.net |
|
bizrate.com |
|
insightexpressai.com |
|
match.rundsp.com |
|
netseer.com |
|
shareaholic.com |
|
viglink.com |
|
ibeu2.mookie1.com |
|
jivox.com |
|
myvisualiq.net |
|
ml314.com |
|
media6degrees.com |
|
tidaltv.com |
|
adkernel.com |
|
criteo.com |
|
bing.com |
|
crsspxl.com |
|
weborama.fr |
|
rubiconproject.com |
|
c.bing.com |
|
global.ib-ibi.com |
|
s.thebrighttag.com |
|
3lift.com |
|
bizographics.com |
|
bidr.io |
|
casalemedia.com |
|
reson8.com |
|
youtube.com |
|
adsrvr.org |
|
linkedin.com |
|
tapad.com |
|
crwdcntrl.net |
|
disqus.com |
|
ads.linkedin.com |
|
vmweb.net |
|
videostat.com |
|
google.com |
|
rlcdn.com |
|
google.co.uk |
|
bluekai.com |
|
rfihub.com |
|
t.sharethis.com |
|
sharethis.com |
|
scorecardresearch.com |
|
adnxs.com |
|
doubleclick.net |
|
ctnsnet.com |
|
adsymptotic.com |
|
eyeota.net |
|
sitescout.com |
|
agkn.com |
|
不可欠なCookie
Effective July 15th 2019
DownloadTable of Contents
不可欠なCookie
これらのCookieは、本ウェブサイトを機能させるために必要なものであり、当社システム内で無効化できません。これらは通常、利用者による行動(具体的には、利用者によるプライバシー設定、ログインまたはフォーム入力といったサービスリクエスト)に対してのみ設置されます。
利用者は、これらのCookieをブロックしたり、アラート表示をさせるようにブラウザーを設定できますが、この場合、本サイトの一部は機能しなくなります。これらのCookieは、個人識別情報を保存しません。
利用者は、これらのCookieをブロックしたり、アラート表示をさせるようにブラウザーを設定できますが、この場合、本サイトの一部は機能しなくなります。これらのCookieは、個人識別情報を保存しません。
使用されるCookies
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
パフォーマンスCookie
これらのCookieを利用することにより、当社が訪問数およびトラフィックソースをカウントできるようになり、当社サイトの測定および性能向上に役立ちます。これらのCookieは、最も人気のある(また最も不人気な)ページを当社が把握したり、本サイトに関連する訪問者の行動を把握したりする場合に役立ちます。
これらのCookieが収集する情報はすべて集合的であるため、匿名性があります。これらのCookieを許可していただけない場合、当社は、利用者による当社サイト訪問時期を把握できず、その性能もモニタリングできません。
これらのCookieが収集する情報はすべて集合的であるため、匿名性があります。これらのCookieを許可していただけない場合、当社は、利用者による当社サイト訪問時期を把握できず、その性能もモニタリングできません。
使用されるCookies
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
カテゴリ | Cookie |
app.listenloop.com |
|
hs-analytics.net |
|
hubspot.net |
|
hubspot.com |
|
hs-scripts.com |
|
hsstatic.net |
|
機能性Cookie
これらのCookieにより、本ウェブサイトの機能性強化およびパーソナライズが可能となります。これらは、当社により、または当社ページに当社が追加したサービスを提供するサードパーティにより設置されます。
これらのCookieを許可していただけない場合、これらのサービスの全部または一部が適切に機能しないことがあります。
これらのCookieを許可していただけない場合、これらのサービスの全部または一部が適切に機能しないことがあります。
使用されるCookies
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
カテゴリ | Cookie |
hsforms.net |
|
io.narrative.io |
|
dpmsrv.com |
|
ndg.io |
|
v12group.com |
|
match.adsby.bidtheatre.com |
|
img.webmd.com |
|
dmp.truoptik.com |
|
cdn.viglink.com |
|
visiblemeasures.com |
|
pool.admedo.com |
|
entitytag.co.uk |
|
truoptik.com |
|
newton.newtonsoftware.com |
|
api.at.getsocial.io |
|
mmsho.com |
|
lkqd.net |
|
linksynergy.com |
|
dlx.addthis.com |
|
nextinsure.com |
|
rezync.com |
|
dsp.io |
|
live.rezync.com |
|
p.mmsho.com |
|
choozle.com |
|
cs.popwal.it |
|
postrelease.com |
|
adventori.com |
|
tags.rd.linksynergy.com |
|
secure.insightexpressai.com |
|
prf.hn |
|
trkn.us |
|
popwal.it |
|
accounts.google.com |
|
marchex.io |
|
fzlnk.com |
|
links.services.disqus.com |
|
view.vzaar.com |
|
ターゲティングCookie
これらのCookieは、当社の広告パートナーにより当社サイトを通じて設置されます。これらは、利用者の関心事に関するプロフィールを作成したり、他のサイト上で関連する広告を利用者に表示したりするためにかかる企業が利用します。
これらは、個人情報を直接保存するものではありませんが、独自に識別される利用者のブラウザーおよびインターネットデバイスに基づくものです。これらのCookieを許可していただけない場合、ターゲット広告に関するエクスペリエンスが低下します。
これらは、個人情報を直接保存するものではありませんが、独自に識別される利用者のブラウザーおよびインターネットデバイスに基づくものです。これらのCookieを許可していただけない場合、ターゲット広告に関するエクスペリエンスが低下します。
使用されるCookies
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
カテゴリ | Cookie |
facebook.com |
|
openx.net |
|
clickagy.com |
|
demdex.net |
|
simpli.fi |
|
turn.com |
|
domdex.com |
|
exelator.com |
|
addthis.com |
|
hlserve.com |
|
videoamp.com |
|
gwallet.com |
|
adbrn.com |
|
tag.crsspxl.com |
|
company-target.com |
|
krxd.net |
|
pippio.com |
|
adsnative.com |
|
w55c.net |
|
everesttech.net |
|
advertising.com |
|
pubmatic.com |
|
ru4.com |
|
dpm.demdex.net |
|
pro-market.net |
|
mxptint.net |
|
bizrate.com |
|
insightexpressai.com |
|
match.rundsp.com |
|
netseer.com |
|
shareaholic.com |
|
viglink.com |
|
ibeu2.mookie1.com |
|
jivox.com |
|
myvisualiq.net |
|
ml314.com |
|
media6degrees.com |
|
tidaltv.com |
|
adkernel.com |
|
criteo.com |
|
bing.com |
|
crsspxl.com |
|
weborama.fr |
|
rubiconproject.com |
|
c.bing.com |
|
global.ib-ibi.com |
|
s.thebrighttag.com |
|
3lift.com |
|
bizographics.com |
|
bidr.io |
|
casalemedia.com |
|
reson8.com |
|
youtube.com |
|
adsrvr.org |
|
linkedin.com |
|
tapad.com |
|
crwdcntrl.net |
|
disqus.com |
|
ads.linkedin.com |
|
vmweb.net |
|
videostat.com |
|
google.com |
|
rlcdn.com |
|
google.co.uk |
|
bluekai.com |
|
rfihub.com |
|
t.sharethis.com |
|
sharethis.com |
|
scorecardresearch.com |
|
adnxs.com |
|
doubleclick.net |
|
ctnsnet.com |
|
adsymptotic.com |
|
eyeota.net |
|
sitescout.com |
|
agkn.com |
|
Effective May 24th 2019 to July 15th 2019
DownloadTable of Contents
不可欠なCookie
これらのCookieは、本ウェブサイトを機能させるために必要なものであり、当社システム内で無効化できません。これらは通常、利用者による行動(具体的には、利用者によるプライバシー設定、ログインまたはフォーム入力といったサービスリクエスト)に対してのみ設置されます。
利用者は、これらのCookieをブロックしたり、アラート表示をさせるようにブラウザーを設定できますが、この場合、本サイトの一部は機能しなくなります。これらのCookieは、個人識別情報を保存しません。
利用者は、これらのCookieをブロックしたり、アラート表示をさせるようにブラウザーを設定できますが、この場合、本サイトの一部は機能しなくなります。これらのCookieは、個人識別情報を保存しません。
使用されるCookies
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
パフォーマンスCookie
これらのCookieを利用することにより、当社が訪問数およびトラフィックソースをカウントできるようになり、当社サイトの測定および性能向上に役立ちます。これらのCookieは、最も人気のある(また最も不人気な)ページを当社が把握したり、本サイトに関連する訪問者の行動を把握したりする場合に役立ちます。
これらのCookieが収集する情報はすべて集合的であるため、匿名性があります。これらのCookieを許可していただけない場合、当社は、利用者による当社サイト訪問時期を把握できず、その性能もモニタリングできません。
これらのCookieが収集する情報はすべて集合的であるため、匿名性があります。これらのCookieを許可していただけない場合、当社は、利用者による当社サイト訪問時期を把握できず、その性能もモニタリングできません。
使用されるCookies
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
カテゴリ | Cookie |
app.listenloop.com |
|
hs-analytics.net |
|
hubspot.net |
|
hubspot.com |
|
hs-scripts.com |
|
hsstatic.net |
|
機能性Cookie
これらのCookieにより、本ウェブサイトの機能性強化およびパーソナライズが可能となります。これらは、当社により、または当社ページに当社が追加したサービスを提供するサードパーティにより設置されます。
これらのCookieを許可していただけない場合、これらのサービスの全部または一部が適切に機能しないことがあります。
これらのCookieを許可していただけない場合、これらのサービスの全部または一部が適切に機能しないことがあります。
使用されるCookies
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
カテゴリ | Cookie |
hsforms.net |
|
io.narrative.io |
|
dpmsrv.com |
|
ndg.io |
|
v12group.com |
|
match.adsby.bidtheatre.com |
|
img.webmd.com |
|
dmp.truoptik.com |
|
cdn.viglink.com |
|
visiblemeasures.com |
|
pool.admedo.com |
|
entitytag.co.uk |
|
truoptik.com |
|
newton.newtonsoftware.com |
|
api.at.getsocial.io |
|
mmsho.com |
|
lkqd.net |
|
linksynergy.com |
|
dlx.addthis.com |
|
nextinsure.com |
|
rezync.com |
|
dsp.io |
|
live.rezync.com |
|
p.mmsho.com |
|
choozle.com |
|
cs.popwal.it |
|
postrelease.com |
|
adventori.com |
|
tags.rd.linksynergy.com |
|
secure.insightexpressai.com |
|
prf.hn |
|
trkn.us |
|
popwal.it |
|
accounts.google.com |
|
marchex.io |
|
fzlnk.com |
|
links.services.disqus.com |
|
view.vzaar.com |
|
ターゲティングCookie
これらのCookieは、当社の広告パートナーにより当社サイトを通じて設置されます。これらは、利用者の関心事に関するプロフィールを作成したり、他のサイト上で関連する広告を利用者に表示したりするためにかかる企業が利用します。
これらは、個人情報を直接保存するものではありませんが、独自に識別される利用者のブラウザーおよびインターネットデバイスに基づくものです。これらのCookieを許可していただけない場合、ターゲット広告に関するエクスペリエンスが低下します。
これらは、個人情報を直接保存するものではありませんが、独自に識別される利用者のブラウザーおよびインターネットデバイスに基づくものです。これらのCookieを許可していただけない場合、ターゲット広告に関するエクスペリエンスが低下します。
使用されるCookies
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
カテゴリ | Cookie |
facebook.com |
|
openx.net |
|
clickagy.com |
|
demdex.net |
|
simpli.fi |
|
turn.com |
|
domdex.com |
|
exelator.com |
|
addthis.com |
|
hlserve.com |
|
videoamp.com |
|
gwallet.com |
|
adbrn.com |
|
tag.crsspxl.com |
|
company-target.com |
|
krxd.net |
|
pippio.com |
|
adsnative.com |
|
w55c.net |
|
everesttech.net |
|
advertising.com |
|
pubmatic.com |
|
ru4.com |
|
dpm.demdex.net |
|
pro-market.net |
|
mxptint.net |
|
bizrate.com |
|
insightexpressai.com |
|
match.rundsp.com |
|
netseer.com |
|
shareaholic.com |
|
viglink.com |
|
ibeu2.mookie1.com |
|
jivox.com |
|
myvisualiq.net |
|
ml314.com |
|
media6degrees.com |
|
tidaltv.com |
|
adkernel.com |
|
criteo.com |
|
bing.com |
|
crsspxl.com |
|
weborama.fr |
|
rubiconproject.com |
|
c.bing.com |
|
global.ib-ibi.com |
|
s.thebrighttag.com |
|
3lift.com |
|
bizographics.com |
|
bidr.io |
|
casalemedia.com |
|
reson8.com |
|
youtube.com |
|
adsrvr.org |
|
linkedin.com |
|
tapad.com |
|
crwdcntrl.net |
|
disqus.com |
|
ads.linkedin.com |
|
vmweb.net |
|
videostat.com |
|
google.com |
|
rlcdn.com |
|
google.co.uk |
|
bluekai.com |
|
rfihub.com |
|
t.sharethis.com |
|
sharethis.com |
|
scorecardresearch.com |
|
adnxs.com |
|
doubleclick.net |
|
ctnsnet.com |
|
adsymptotic.com |
|
eyeota.net |
|
sitescout.com |
|
agkn.com |
|
필수 쿠키
Effective July 15th 2019
DownloadTable of Contents
필수 쿠키
이 쿠키는 웹사이트 작동에 필수적이며 당사의 시스템에서는 사용을 중지할 수 없습니다. 필수 쿠키는 일반적으로 개인정보 보호 환경설정, 로그인 또는 양식 작성과 같이 본건 서비스 요청 범위에 해당되는 사용자 행동에 대해 응답하는 경우에만 설정됩니다.
사용자는 이 쿠키를 차단하거나 쿠키 알림이 울리도록 브라우저를 설정할 수 있으나, 이 경우 사이트의 일부 기능이 작동되지 않을 수도 있습니다. 이 쿠키에는 어떠한 개인식별정보도 저장되지 않습니다.
사용자는 이 쿠키를 차단하거나 쿠키 알림이 울리도록 브라우저를 설정할 수 있으나, 이 경우 사이트의 일부 기능이 작동되지 않을 수도 있습니다. 이 쿠키에는 어떠한 개인식별정보도 저장되지 않습니다.
사용된 쿠키
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
성능 쿠키
당사는 이 쿠키를 사용해 방문자수와 트래픽 소스를 집계하여 사이트의 성능을 측정하고 개선할 수 있습니다. 성능 쿠키를 사용하면 사이트에서 가장 있기 있는 페이지와 인기가 없는 페이지, 사이트 내 방문자의 이동 방식을 파악할 수 있습니다.
성능 쿠키를 통해 수집되는 모든 정보는 통합된 익명의 형태로 수집됩니다. 이 쿠키를 허용하지 않은, 경우 당사는 사용자가 당사의 사이트에 방문한 시기를 알 수 없으며 사이트의 성능을 모니터링할 수 없게 됩니다.
성능 쿠키를 통해 수집되는 모든 정보는 통합된 익명의 형태로 수집됩니다. 이 쿠키를 허용하지 않은, 경우 당사는 사용자가 당사의 사이트에 방문한 시기를 알 수 없으며 사이트의 성능을 모니터링할 수 없게 됩니다.
사용된 쿠키
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
카테고리 | 쿠키 |
app.listenloop.com |
|
hs-analytics.net |
|
hubspot.net |
|
hubspot.com |
|
hs-scripts.com |
|
hsstatic.net | |
기능 쿠키
이 쿠키를 사용하면 웹사이트에서 향상된 기능 및 맞춤 서비스를 제공할 수 있습니다. 기능 쿠키는 당사 또는 당사의 페이지에 서비스를 추가한 타사 제공업체에서 설정할 수 있습니다.
이 쿠키를 허용하지 않을 경우 이 서비스의 일부 또는 전부가 제대로 작동하지 않을 수 있습니다.
이 쿠키를 허용하지 않을 경우 이 서비스의 일부 또는 전부가 제대로 작동하지 않을 수 있습니다.
사용된 쿠키
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
카테고리 | 쿠키 |
hsforms.net |
|
io.narrative.io |
|
dpmsrv.com |
|
ndg.io |
|
v12group.com |
|
match.adsby.bidtheatre.com |
|
img.webmd.com |
|
dmp.truoptik.com |
|
cdn.viglink.com |
|
visiblemeasures.com |
|
pool.admedo.com |
|
entitytag.co.uk |
|
truoptik.com |
|
newton.newtonsoftware.com |
|
api.at.getsocial.io |
|
mmsho.com |
|
lkqd.net |
|
linksynergy.com |
|
dlx.addthis.com |
|
nextinsure.com |
|
rezync.com |
|
dsp.io |
|
live.rezync.com |
|
p.mmsho.com |
|
choozle.com |
|
cs.popwal.it |
|
postrelease.com |
|
adventori.com |
|
tags.rd.linksynergy.com |
|
secure.insightexpressai.com |
|
prf.hn |
|
trkn.us |
|
popwal.it |
|
accounts.google.com |
|
marchex.io |
|
fzlnk.com |
|
links.services.disqus.com |
|
view.vzaar.com |
|
타겟팅 쿠키
이 쿠키는 당사의 광고 파트너가 사이트에서 설정할 수 있습니다. 당사의 광고 파트너는 타겟팅 쿠키를 사용해 사용자의 관심영역 프로필을 작성하고 다른 사이트에서 사용자에게 관련 광고를 표시할 수 있습니다.
타켓팅 쿠키에는 어떠한 개인정보도 직접적으로 저장되지 않으나, 사용자의 브라우저 및 인터넷 기기를 고유하게 식별하는 것을 근거로 합니다. 사용자가 이 쿠키를 허용하지 않을 경우 타겟팅된 광고는 감소됩니다.
타켓팅 쿠키에는 어떠한 개인정보도 직접적으로 저장되지 않으나, 사용자의 브라우저 및 인터넷 기기를 고유하게 식별하는 것을 근거로 합니다. 사용자가 이 쿠키를 허용하지 않을 경우 타겟팅된 광고는 감소됩니다.
사용된 쿠키
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
카테고리 | 쿠키 |
facebook.com |
|
openx.net |
|
clickagy.com |
|
demdex.net |
|
simpli.fi |
|
turn.com |
|
domdex.com |
|
exelator.com |
|
addthis.com |
|
hlserve.com |
|
videoamp.com |
|
gwallet.com |
|
adbrn.com |
|
tag.crsspxl.com |
|
company-target.com |
|
krxd.net |
|
pippio.com |
|
adsnative.com |
|
w55c.net |
|
everesttech.net |
|
advertising.com |
|
pubmatic.com |
|
ru4.com |
|
dpm.demdex.net |
|
pro-market.net |
|
mxptint.net |
|
bizrate.com |
|
insightexpressai.com |
|
match.rundsp.com |
|
netseer.com |
|
shareaholic.com |
|
viglink.com |
|
ibeu2.mookie1.com |
|
jivox.com |
|
myvisualiq.net |
|
ml314.com |
|
media6degrees.com |
|
tidaltv.com |
|
adkernel.com |
|
criteo.com |
|
bing.com |
|
crsspxl.com |
|
weborama.fr |
|
rubiconproject.com |
|
c.bing.com |
|
global.ib-ibi.com |
|
s.thebrighttag.com |
|
3lift.com |
|
bizographics.com |
|
bidr.io |
|
casalemedia.com |
|
reson8.com |
|
youtube.com |
|
adsrvr.org |
|
linkedin.com |
|
tapad.com |
|
crwdcntrl.net |
|
disqus.com |
|
ads.linkedin.com |
|
vmweb.net |
|
videostat.com |
|
google.com |
|
rlcdn.com |
|
google.co.uk |
|
bluekai.com |
|
rfihub.com |
|
t.sharethis.com |
|
sharethis.com |
|
scorecardresearch.com |
|
adnxs.com |
|
doubleclick.net |
|
ctnsnet.com |
|
adsymptotic.com |
|
eyeota.net |
|
sitescout.com |
|
agkn.com |
|
Effective May 24th 2019 to July 15th 2019
DownloadTable of Contents
필수 쿠키
이 쿠키는 웹사이트 작동에 필수적이며 당사의 시스템에서는 사용을 중지할 수 없습니다. 필수 쿠키는 일반적으로 개인정보 보호 환경설정, 로그인 또는 양식 작성과 같이 본건 서비스 요청 범위에 해당되는 사용자 행동에 대해 응답하는 경우에만 설정됩니다.
사용자는 이 쿠키를 차단하거나 쿠키 알림이 울리도록 브라우저를 설정할 수 있으나, 이 경우 사이트의 일부 기능이 작동되지 않을 수도 있습니다. 이 쿠키에는 어떠한 개인식별정보도 저장되지 않습니다.
사용자는 이 쿠키를 차단하거나 쿠키 알림이 울리도록 브라우저를 설정할 수 있으나, 이 경우 사이트의 일부 기능이 작동되지 않을 수도 있습니다. 이 쿠키에는 어떠한 개인식별정보도 저장되지 않습니다.
사용된 쿠키
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
성능 쿠키
당사는 이 쿠키를 사용해 방문자수와 트래픽 소스를 집계하여 사이트의 성능을 측정하고 개선할 수 있습니다. 성능 쿠키를 사용하면 사이트에서 가장 있기 있는 페이지와 인기가 없는 페이지, 사이트 내 방문자의 이동 방식을 파악할 수 있습니다.
성능 쿠키를 통해 수집되는 모든 정보는 통합된 익명의 형태로 수집됩니다. 이 쿠키를 허용하지 않은, 경우 당사는 사용자가 당사의 사이트에 방문한 시기를 알 수 없으며 사이트의 성능을 모니터링할 수 없게 됩니다.
성능 쿠키를 통해 수집되는 모든 정보는 통합된 익명의 형태로 수집됩니다. 이 쿠키를 허용하지 않은, 경우 당사는 사용자가 당사의 사이트에 방문한 시기를 알 수 없으며 사이트의 성능을 모니터링할 수 없게 됩니다.
사용된 쿠키
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
카테고리 | 쿠키 |
app.listenloop.com |
|
hs-analytics.net |
|
hubspot.net |
|
hubspot.com |
|
hs-scripts.com |
|
hsstatic.net |
|
기능 쿠키
이 쿠키를 사용하면 웹사이트에서 향상된 기능 및 맞춤 서비스를 제공할 수 있습니다. 기능 쿠키는 당사 또는 당사의 페이지에 서비스를 추가한 타사 제공업체에서 설정할 수 있습니다.
이 쿠키를 허용하지 않을 경우 이 서비스의 일부 또는 전부가 제대로 작동하지 않을 수 있습니다.
이 쿠키를 허용하지 않을 경우 이 서비스의 일부 또는 전부가 제대로 작동하지 않을 수 있습니다.
사용된 쿠키
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
카테고리 | 쿠키 |
hsforms.net |
|
io.narrative.io |
|
dpmsrv.com |
|
ndg.io |
|
v12group.com |
|
match.adsby.bidtheatre.com |
|
img.webmd.com |
|
dmp.truoptik.com |
|
cdn.viglink.com |
|
visiblemeasures.com |
|
pool.admedo.com |
|
entitytag.co.uk |
|
truoptik.com |
|
newton.newtonsoftware.com |
|
api.at.getsocial.io |
|
mmsho.com |
|
lkqd.net |
|
linksynergy.com |
|
dlx.addthis.com |
|
nextinsure.com |
|
rezync.com |
|
dsp.io |
|
live.rezync.com |
|
p.mmsho.com |
|
choozle.com |
|
cs.popwal.it |
|
postrelease.com |
|
adventori.com |
|
tags.rd.linksynergy.com |
|
secure.insightexpressai.com |
|
prf.hn |
|
trkn.us |
|
popwal.it |
|
accounts.google.com |
|
marchex.io |
|
fzlnk.com |
|
links.services.disqus.com |
|
view.vzaar.com |
|
타겟팅 쿠키
이 쿠키는 당사의 광고 파트너가 사이트에서 설정할 수 있습니다. 당사의 광고 파트너는 타겟팅 쿠키를 사용해 사용자의 관심영역 프로필을 작성하고 다른 사이트에서 사용자에게 관련 광고를 표시할 수 있습니다.
타켓팅 쿠키에는 어떠한 개인정보도 직접적으로 저장되지 않으나, 사용자의 브라우저 및 인터넷 기기를 고유하게 식별하는 것을 근거로 합니다. 사용자가 이 쿠키를 허용하지 않을 경우 타겟팅된 광고는 감소됩니다.
타켓팅 쿠키에는 어떠한 개인정보도 직접적으로 저장되지 않으나, 사용자의 브라우저 및 인터넷 기기를 고유하게 식별하는 것을 근거로 합니다. 사용자가 이 쿠키를 허용하지 않을 경우 타겟팅된 광고는 감소됩니다.
사용된 쿠키
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
카테고리 | 쿠키 |
facebook.com |
|
openx.net |
|
clickagy.com |
|
demdex.net |
|
simpli.fi |
|
turn.com |
|
domdex.com |
|
exelator.com |
|
addthis.com |
|
hlserve.com |
|
videoamp.com |
|
gwallet.com |
|
adbrn.com |
|
tag.crsspxl.com |
|
company-target.com |
|
krxd.net |
|
pippio.com |
|
adsnative.com |
|
w55c.net |
|
everesttech.net |
|
advertising.com |
|
pubmatic.com |
|
ru4.com |
|
dpm.demdex.net |
|
pro-market.net |
|
mxptint.net |
|
bizrate.com |
|
insightexpressai.com |
|
match.rundsp.com |
|
netseer.com |
|
shareaholic.com |
|
viglink.com |
|
ibeu2.mookie1.com |
|
jivox.com |
|
myvisualiq.net |
|
ml314.com |
|
media6degrees.com |
|
tidaltv.com |
|
adkernel.com |
|
criteo.com |
|
bing.com |
|
crsspxl.com |
|
weborama.fr |
|
rubiconproject.com |
|
c.bing.com |
|
global.ib-ibi.com |
|
s.thebrighttag.com |
|
3lift.com |
|
bizographics.com |
|
bidr.io |
|
casalemedia.com |
|
reson8.com |
|
youtube.com |
|
adsrvr.org |
|
linkedin.com |
|
tapad.com |
|
crwdcntrl.net |
|
disqus.com |
|
ads.linkedin.com |
|
vmweb.net |
|
videostat.com |
|
google.com |
|
rlcdn.com |
|
google.co.uk |
|
bluekai.com |
|
rfihub.com |
|
t.sharethis.com |
|
sharethis.com |
|
scorecardresearch.com |
|
adnxs.com |
|
doubleclick.net |
|
ctnsnet.com |
|
adsymptotic.com |
|
eyeota.net |
|
sitescout.com |
|
agkn.com |
|
Cookies Rigorosamente Necessários
Effective October 8th 2019
DownloadTable of Contents
Cookies Rigorosamente Necessários
Estes cookies são necessários para o site funcionar e não podem ser desativados nos nossos sistemas. Geralmente, são definidos apenas em resposta a ações efetuadas pelo Utilizador que se traduzam em um pedido de serviços, tais como definir as preferências de privacidade do Utilizador, iniciar sessão ou preencher formulários.
O Utilizador pode definir que o seu browser deve bloquear ou alertar o Utilizador relativamente a estes cookies, mas algumas partes do site não funcionarão. Estes cookies não armazenam quaisquer informações que permitam uma identificação pessoal.
Cookies usados
OptanonConsent OptanonAlertBoxClosed AWSELB
JSESSIONID
cfduid
Cookies de Desempenho
Estes cookies nos permitem contar as visitas e origens do tráfego para podermos medir e melhorar o desempenho do nosso site. Nos ajudam a identificar as páginas que são mais populares e menos populares, e conhecer a forma como os visitantes se deslocam no site.
Todas as informações que estes cookies recolhem são agregadas e, como tal, anônimas. Se o Utilizador não permitir estes cookies, não saberemos quando o Utilizador visitou o nosso site, e não poderemos monitorar o desempenho do site.
Cookies usados
hs_ab_test_4028162507
_ga
_mkto_trk
hstc
hssrc hsfirstvisit
_gid
hssc
_gat
_hjIncludedInSample hs_ab_test
Categorias | Cookies |
app.listenloop.com | ll_u431_vid fk_u431_vid |
hs-analytics.net | cfduid |
hubspot.net | cfduid |
hubspot.com | cfduid |
hs-scripts.com | cfduid |
hsstatic.net | cfduid |
Cookies Funcionais
Estes cookies permitem que o site forneça maior funcionalidade e personalização. Podem ser definidos por nós ou por fornecedores externos cujos serviços tenhamos adicionado às nossas páginas.
Se o Utilizador não permitir estes cookies, alguns ou todos estes serviços poderão não funcionar corretamente.
Cookies usados
_zcookie_
leadinmigrated
leadinutk
unam has_js SnapABugRef hubspotutk
SnapABugHistory SnapABugVisit SnapABugChatWindow
Categorias | Cookies |
hsforms.net | cfduid |
io.narrative.io | io.narrative.guid.v2 |
dpmsrv.com | dpm_pxl |
ndg.io | sessionid |
v12group.com | mc |
match.adsby.bidtheatre.com | kuid |
img.webmd.com | cfduid |
dmp.truoptik.com | cflb |
cdn.viglink.com | cfduid |
visiblemeasures.com | sid uid |
pool.admedo.com | tuuid_last_update tuuid |
entitytag.co.uk | json |
truoptik.com | cfduid |
newton.newtonsoftware.com | csrf-token BNI_persistence AWSELB NSESSIONID |
api.at.getsocial.io | _smb_api_session LSW_WEB |
gs_user_id gs_pvid | |
mmsho.com | mdxuid |
lkqd.net | lkqdid |
linksynergy.com | rmuid icts |
dlx.addthis.com | na_sc_x |
nextinsure.com | uid |
rezync.com | zync-uuid |
dsp.io | IOID EXID |
live.rezync.com | sd-session-id |
p.mmsho.com | medicx_temp |
choozle.com | chzdpsync |
cs.popwal.it | pw-cid |
postrelease.com | visitor has_data |
adventori.com | tk_ui_third tk_ui |
tags.rd.linksynergy.com | SERVERID |
secure.insightexpressai.com | IgniteCookieSync |
prf.hn | tPHG-PS_sync |
trkn.us | barometric[cuid] |
popwal.it | pw-cid |
accounts.google.com | utma GAPS LSID utmz |
marchex.io | uid |
fzlnk.com | uuid |
links.services.disqus.com | vglnk.Agent.p vglnk.PartnerRfsh.p |
view.vzaar.com | _video-distributor-2_session |
Cookies de Perfil
Estes cookies poderão ser definidos através do nosso site pelos nossos parceiros de publicidade. Poderão ser usados por essas
empresas para criar um perfil dos interesses do Utilizador e apresentar ao Utilizador anúncios relevantes em outros sites.
Não armazenam dados pessoais diretamente, mas baseiam-se na identificação exclusiva do browser e dispositivo de Internet do Utilizador. Se o Utilizador não permitir estes cookies, o Utilizador verá anúncios que lhe serão menos relevantes.
Cookies usados
_bizo_cksm
_bizo_bzid
_bizo_np_stats
Categorias | Cookies |
facebook.com | datr lu |
openx.net | I |
clickagy.com | Cb |
demdex.net | Demdex |
simpli.fi | Uid |
turn.com | Uid |
domdex.com | PIXELyvirenzc PIXELivtyvax PAD |
exelator.com | ud EE |
addthis.com | cw_id na_tc mus uid |
hlserve.com | hmGUID |
videoamp.com | Vampid |
gwallet.com | ra1_pd_1899195769 ra1_pd_1716820617 ra1_uid ra1_pd |
adbrn.com | Tuuid |
tag.crsspxl.com | AWSELB |
company-target.com | tuuid_last_update iuuid tuuid |
krxd.net | _kuid_ |
pippio.com | Pxrc |
didts nnls did | |
adsnative.com | _uuid |
w55c.net | matchliveramp wfivefivec |
everesttech.net | everest_g_v2 |
advertising.com | APID IDSYNC |
pubmatic.com | KTPCACOOKIE KADUSERCOOKIE |
ru4.com | X1ID TMP_X1ID |
dpm.demdex.net | Dpm |
pro-market.net | anProfile anHistory |
mxptint.net | Mxpim |
bizrate.com | br rng |
insightexpressai.com | DW |
match.rundsp.com | RUN_INDEX RUN_ID |
netseer.com | netseer_v3_vi |
shareaholic.com | c_id |
viglink.com | vglnk.Agent.p |
ibeu2.mookie1.com | ASP.NET_SessionId |
jivox.com | Jvxsync |
myvisualiq.net | tuuid_last_update tuuid |
ml314.com | Pi |
media6degrees.com | Clid |
tidaltv.com | tidal_ttid sync-his |
adkernel.com | ADKUID |
criteo.com | Uid |
bing.com | MUID |
crsspxl.com | uid re |
weborama.fr | AFFICHE_W |
rubiconproject.com | Khaos |
c.bing.com | MUIDB ANONCHK |
global.ib-ibi.com | ASP.NET_SessionId |
s.thebrighttag.com | bt3 btv3.Xebcych |
3lift.com | Tluid |
bizographics.com | BizoUserMatchHistory |
bidr.io | Bito |
casalemedia.com | CMPRO CMID CMDD CMST CMPS |
CMSC | |
reson8.com | RCID2 |
youtube.com | SID HSID demographics VISITOR_INFO1_LIVE PREF APISID SSID LOGIN_INFO SAPISID YSC |
adsrvr.org | TDID TDCPM |
linkedin.com | utmb _lipt leo_auth_token lidc bcookie RT utma utmv |
utmz bscookie qca visit | |
tapad.com | TapAd_DID TapAd_TS TapAd_TTD_SYNC |
crwdcntrl.net | _cc_cc _cc_id _cc_aud _cc_dc |
disqus.com | utmb utma jid utmz utmc utmt disqus_unique disqusauth G_ENABLED_IDPS utmv |
ads.linkedin.com | BizoID |
BizoData BizoUserMatchHistory UserMatchHistory lang | |
vmweb.net | vuid AWSALB |
videostat.com | uid id |
google.com | APISID SSID NID PREF SID SAPISID HSID |
rlcdn.com | rtn1 drtn1182032560 ck1 rlas3 drtn1610443272 drtn557911851 |
drtn704364046 drtn1299265559 drtn1026116131 drtn1314505935 drtn1833301756 drtn1860345625 drtn380762111 drtn934631841 drtn1790274523 drtn438660401 drtn1118261089 drtn213295348 drtn1491710056 drtn276684080 drtn1897223082 drtn740496589 drtn1203087400 drtn1034397209 drtn1193467268 drtn1741155151 drtn502022056 drtn1147704077 drtn278016087 drtn2078188939 |
drtn415827179 drtn330804349 drtn1858915094 drtn412423946 drtn1892758471 drtn1366704091 drtn1177365129 drtn540037595 drtn546484184 drtn472225915 drtn141061677 drtn160639227 drtn851650320 drtn1174282027 drtn864987264 drtn1548823556 drtn1993551126 drtn1819716361 drtn1720394583 drtn1085608060 drtn1624693210 drtn366380089 drtn1328210293 drtn1464509245 |
drtn1790628303 drtn1933026567 drtn20145647 drtn877151142 drtn915545927 drtn2021481384 drtn1641540405 drtn1321510898 drtn2024250170 drtn1734407441 drtn671800558 drtn1946688695 drtn511137261 drtn743486890 drtn782418016 drtn1977681568 drtn900867494 drtn1064620093 drtn992985079 drtn1354552723 drtn2102733492 drtn1087527658 drtn1838052930 drtn1090345817 |
drtn1427316572 drtn362865152 drtn477621437 drtn1007966010 drtn1554002957 drtn236824527 drtn1529804719 drtn1333525966 drtn1624410136 drtn491307792 drtn1459538128 drtn310703138 drtn35906332 drtn1706207086 drtn1276265543 drtn1789540371 drtn1404059857 drtn201058359 drtn1841400929 drtn40747118 drtn1284708168 drtn253624943 drtn718089235 drtn808208444 |
drtn1678091234 drtn1333371796 drtn809721411 drtn1987974813 drtn189671275 drtn732225871 drtn1800367697 drtn950263825 drtn114198846 drtn1320221425 drtn25402658 drtn1721366006 drtn1651568060 drtn1910997889 drtn1209130776 drtn462508998 drtn1867209408 drtn1962108634 drtn718620215 drtn44932941 drtn1171848967 drtn1949808617 drtn1283893559 drtn1650588116 |
drtn823088636 drtn558599366 drtn845858248 drtn1624567351 drtn1186338556 drtn1940278218 drtn1610185978 drtn887917790 drtn1762228785 drtn323612064 drtn1594062016 drtn1012270064 drtn869491947 drtn1949123660 rtn1-z drtn2123669917 drtn479669583 drtn1107703243 drtn1350301106 drtn1542377684 drtn1015547259 drtn1094482194 drtn1230835838 drtn1794834828 |
drtn1750256740 drtn331304843 drtn1174596283 drtn578979546 drtn2110310217 drtn1367145157 drtn557290345 drtn996643038 drtn1703941473 drtn677543384 drtn408440956 drtn1399936273 drtn2000007903 drtn884816348 drtn1640843949 drtn73714170 drtn90179403 drtn101513755 drtn578496603 drtn818418550 drtn1762579050 drtn536718210 drtn2065734522 drtn1416020537 |
drtn589906769 drtn1516374992 drtn941726113 drtn1722623135 drtn1458870202 drtn332197641 drtn1746451764 drtn1471228808 drtn1453840371 drtn811928855 drtn1709212899 drtn2032721207 drtn381531174 drtn1157372752 drtn1702978122 drtn1700532042 drtn424670173 drtn972740796 drtn1915318612 drtn234190748 drtn1617337128 drtn756330397 drtn559357449 drtn1859318460 |
drtn1503594382 drtn1253496912 drtn967459692 drtn1600686002 drtn750861970 drtn1780103264 drtn473826666 drtn699322033 drtn656262556 drtn460657961 drtn1706998635 drtn28506030 drtn947065594 drtn1476527414 drtn827220895 drtn1606061036 drtn1889409636 drtn605543897 drtn1554316483 drtn1562070336 drtn337318025 drtn1001115197 drtn1628144356 drtn26136090 |
drtn305341762 drtn1313998284 drtn2112582686 drtn1450726262 drtn1568571166 drtn663038256 drtn594267354 drtn1873256573 drtn551657650 drtn975726501 drtn291403346 drtn537844072 drtn657000972 drtn1859706541 drtn907936307 drtn1902987443 drtn379299538 drtn447865789 drtn1786147658 drtn1076524459 drtn1223633445 drtn272799352 drtn1645928182 drtn1624264940 |
drtn1331037728 drtn540253504 drtn1831060356 drtn1092853497 drtn1157909474 drtn1950961512 drtn1379519484 drtn1055591301 drtn1986938426 drtn156856428 drtn924582290 drtn360386905 drtn1181078211 drtn812195825 drtn981778816 drtn809709608 drtn1736333285 drtn1917289406 drtn867203997 pxrc drtn1294165430 drtn1463455627 drtn1019342505 drtn476764611 |
drtn67703730 drtn1465688791 drtn720123651 drtn2081414017 drtn2120281496 drtn1310513965 drtn1334541040 drtn1719105522 drtn1932050764 drtn1764990004 drtn904831503 drtn447626884 drtn1051243985 drtn1573784183 drtn603793557 drtn551933768 drtn2069158132 drtn1943640257 drtn803573068 drtn330226825 drtn291629680 drtn1401775585 drtn762538653 drtn1217620157 |
drtn1802263914 drtn932020624 drtn783761967 drtn1630981105 drtn1102463133 drtn744489513 drtn808181796 drtn1632614657 drtn97451925 drtn310869219 drtn1962822642 drtn407970569 drtn2145170923 drtn1012363269 drtn132079631 drtn257733840 drtn1654862845 drtn1478771187 drtn71514498 drtn270013353 drtn741981597 drtn632465070 drtn297843773 drtn1552702700 |
drtn196346535 drtn1611020055 drtn451257117 drtn1162427203 drtn949855683 drtn493371485 drtn1163517170 | |
google.co.uk | SAPISID HSID SID PREF NID SSID APISID |
bluekai.com | bku bkdc |
rfihub.com | u rud eud euds ruds |
t.sharethis.com | PX_PxcelPage |
sharethis.com | stacxiommap uset stid stgmap stamap |
scorecardresearch.com | UID UIDR |
adnxs.com | sess uuid2 |
doubleclick.net | _drt_ id |
ctnsnet.com | cid_85f90ce588e24bd38378510db907a27b opt cid_44c2571fb42d46b8b8a429fd6216a23d cid |
adsymptotic.com | U |
eyeota.net | mako_uid |
sitescout.com | Ssi |
agkn.com | Ab |
U |
Effective July 15th 2019 to October 8th 2019
DownloadTable of Contents
Cookies Rigorosamente Necessários
Estes cookies são necessários para o site funcionar e não podem ser desativados nos nossos sistemas. Geralmente, são definidos apenas em resposta a ações efetuadas pelo Utilizador que se traduzam num pedido de serviços, tais como definir as preferências de privacidade do Utilizador, iniciar sessão ou preencher formulários.
O Utilizador pode definir que o seu browser deve bloquear ou alertar o Utilizador relativamente a estes cookies, mas algumas partes do site não funcionarão. Estes cookies não armazenam quaisquer informações que permitam uma identificação pessoal.
O Utilizador pode definir que o seu browser deve bloquear ou alertar o Utilizador relativamente a estes cookies, mas algumas partes do site não funcionarão. Estes cookies não armazenam quaisquer informações que permitam uma identificação pessoal.
Cookies usados
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
Cookies de Desempenho
Estes cookies permitem-nos a contar as visitas e origens do tráfego para podermos medir e melhorar o desempenho do nosso site. Ajudam-nos a identificar as páginas que são mais populares e menos populares, e conhecer a forma como os visitantes se deslocam no site.
Todas as informações que estes cookies recolhem são agregadas e, como tal, anónimas. Se o Utilizador não permitir estes cookies, não saberemos quando o Utilizador visitou o nosso site, e não poderemos monitorizar o desempenho do site.
Todas as informações que estes cookies recolhem são agregadas e, como tal, anónimas. Se o Utilizador não permitir estes cookies, não saberemos quando o Utilizador visitou o nosso site, e não poderemos monitorizar o desempenho do site.
Cookies usados
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
Categorias | Cookies |
app.listenloop.com |
|
hs-analytics.net |
|
hubspot.net |
|
hubspot.com |
|
hs-scripts.com |
|
hsstatic.net |
|
Cookies Funcionais
Estes cookies permitem que o site forneça maior funcionalidade e personalização. Podem ser definidos por nós ou por fornecedores externos cujos serviços tenhamos adicionado às nossas páginas.
Se o Utilizador não permitir estes cookies, alguns ou todos estes serviços poderão não funcionar corretamente.
Se o Utilizador não permitir estes cookies, alguns ou todos estes serviços poderão não funcionar corretamente.
Cookies usados
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
Categorias | Cookies |
hsforms.net |
|
io.narrative.io |
|
dpmsrv.com |
|
ndg.io |
|
v12group.com |
|
match.adsby.bidtheatre.com |
|
img.webmd.com |
|
dmp.truoptik.com |
|
cdn.viglink.com |
|
visiblemeasures.com |
|
pool.admedo.com |
|
entitytag.co.uk |
|
truoptik.com |
|
newton.newtonsoftware.com |
|
api.at.getsocial.io |
|
mmsho.com |
|
lkqd.net |
|
linksynergy.com |
|
dlx.addthis.com |
|
nextinsure.com |
|
rezync.com |
|
dsp.io |
|
live.rezync.com |
|
p.mmsho.com |
|
choozle.com |
|
cs.popwal.it |
|
postrelease.com |
|
adventori.com |
|
tags.rd.linksynergy.com |
|
secure.insightexpressai.com |
|
prf.hn |
|
trkn.us |
|
popwal.it |
|
accounts.google.com |
|
marchex.io |
|
fzlnk.com |
|
links.services.disqus.com |
|
view.vzaar.com |
|
Cookies de Perfil
Estes cookies poderão ser definidos através do nosso site pelos nossos parceiros de publicidade. Poderão ser usados por essas empresas para criar um perfil dos interesses do Utilizador e apresentar ao Utilizador anúncios relevantes noutros sites.
Não armazenam dados pessoais diretamente, mas baseiam-se na identificação exclusiva do browser e dispositivo de Internet do Utilizador. Se o Utilizador não permitir estes cookies, o Utilizador verá anúncios que lhe serão menos relevantes.
Não armazenam dados pessoais diretamente, mas baseiam-se na identificação exclusiva do browser e dispositivo de Internet do Utilizador. Se o Utilizador não permitir estes cookies, o Utilizador verá anúncios que lhe serão menos relevantes.
Cookies usados
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
Categorias | Cookies |
facebook.com |
|
openx.net |
|
clickagy.com |
|
demdex.net |
|
simpli.fi |
|
turn.com |
|
domdex.com |
|
exelator.com |
|
addthis.com |
|
hlserve.com |
|
videoamp.com |
|
gwallet.com |
|
adbrn.com |
|
tag.crsspxl.com |
|
company-target.com |
|
krxd.net |
|
pippio.com |
|
adsnative.com |
|
w55c.net |
|
everesttech.net |
|
advertising.com |
|
pubmatic.com |
|
ru4.com |
|
dpm.demdex.net |
|
pro-market.net |
|
mxptint.net |
|
bizrate.com |
|
insightexpressai.com |
|
match.rundsp.com |
|
netseer.com |
|
shareaholic.com |
|
viglink.com |
|
ibeu2.mookie1.com |
|
jivox.com |
|
myvisualiq.net |
|
ml314.com |
|
media6degrees.com |
|
tidaltv.com |
|
adkernel.com |
|
criteo.com |
|
bing.com |
|
crsspxl.com |
|
weborama.fr |
|
rubiconproject.com |
|
c.bing.com |
|
global.ib-ibi.com |
|
s.thebrighttag.com |
|
3lift.com |
|
bizographics.com |
|
bidr.io |
|
casalemedia.com |
|
reson8.com |
|
youtube.com |
|
adsrvr.org |
|
linkedin.com |
|
tapad.com |
|
crwdcntrl.net |
|
disqus.com |
|
ads.linkedin.com |
|
vmweb.net |
|
videostat.com |
|
google.com |
|
rlcdn.com |
|
google.co.uk |
|
bluekai.com |
|
rfihub.com |
|
t.sharethis.com |
|
sharethis.com |
|
scorecardresearch.com |
|
adnxs.com |
|
doubleclick.net |
|
ctnsnet.com |
|
adsymptotic.com |
|
eyeota.net |
|
sitescout.com |
|
agkn.com |
|
Effective May 24th 2019 to July 15th 2019
DownloadTable of Contents
Cookies Rigorosamente Necessários
Estes cookies são necessários para o site funcionar e não podem ser desativados nos nossos sistemas. Geralmente, são definidos apenas em resposta a ações efetuadas pelo Utilizador que se traduzam num pedido de serviços, tais como definir as preferências de privacidade do Utilizador, iniciar sessão ou preencher formulários.
O Utilizador pode definir que o seu browser deve bloquear ou alertar o Utilizador relativamente a estes cookies, mas algumas partes do site não funcionarão. Estes cookies não armazenam quaisquer informações que permitam uma identificação pessoal.
O Utilizador pode definir que o seu browser deve bloquear ou alertar o Utilizador relativamente a estes cookies, mas algumas partes do site não funcionarão. Estes cookies não armazenam quaisquer informações que permitam uma identificação pessoal.
Cookies usados
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
Cookies de Desempenho
Estes cookies permitem-nos a contar as visitas e origens do tráfego para podermos medir e melhorar o desempenho do nosso site. Ajudam-nos a identificar as páginas que são mais populares e menos populares, e conhecer a forma como os visitantes se deslocam no site.
Todas as informações que estes cookies recolhem são agregadas e, como tal, anónimas. Se o Utilizador não permitir estes cookies, não saberemos quando o Utilizador visitou o nosso site, e não poderemos monitorizar o desempenho do site.
Todas as informações que estes cookies recolhem são agregadas e, como tal, anónimas. Se o Utilizador não permitir estes cookies, não saberemos quando o Utilizador visitou o nosso site, e não poderemos monitorizar o desempenho do site.
Cookies usados
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
Categorias | Cookies |
app.listenloop.com |
|
hs-analytics.net |
|
hubspot.net |
|
hubspot.com |
|
hs-scripts.com |
|
hsstatic.net |
|
Cookies Funcionais
Estes cookies permitem que o site forneça maior funcionalidade e personalização. Podem ser definidos por nós ou por fornecedores externos cujos serviços tenhamos adicionado às nossas páginas.
Se o Utilizador não permitir estes cookies, alguns ou todos estes serviços poderão não funcionar corretamente.
Se o Utilizador não permitir estes cookies, alguns ou todos estes serviços poderão não funcionar corretamente.
Cookies usados
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
Categorias | Cookies |
hsforms.net |
|
io.narrative.io |
|
dpmsrv.com |
|
ndg.io |
|
v12group.com |
|
match.adsby.bidtheatre.com |
|
img.webmd.com |
|
dmp.truoptik.com |
|
cdn.viglink.com |
|
visiblemeasures.com |
|
pool.admedo.com |
|
entitytag.co.uk |
|
truoptik.com |
|
newton.newtonsoftware.com |
|
api.at.getsocial.io |
|
mmsho.com |
|
lkqd.net |
|
linksynergy.com |
|
dlx.addthis.com |
|
nextinsure.com |
|
rezync.com |
|
dsp.io |
|
live.rezync.com |
|
p.mmsho.com |
|
choozle.com |
|
cs.popwal.it |
|
postrelease.com |
|
adventori.com |
|
tags.rd.linksynergy.com |
|
secure.insightexpressai.com |
|
prf.hn |
|
trkn.us |
|
popwal.it |
|
accounts.google.com |
|
marchex.io |
|
fzlnk.com |
|
links.services.disqus.com |
|
view.vzaar.com |
|
Cookies de Perfil
Estes cookies poderão ser definidos através do nosso site pelos nossos parceiros de publicidade. Poderão ser usados por essas empresas para criar um perfil dos interesses do Utilizador e apresentar ao Utilizador anúncios relevantes noutros sites.
Não armazenam dados pessoais diretamente, mas baseiam-se na identificação exclusiva do browser e dispositivo de Internet do Utilizador. Se o Utilizador não permitir estes cookies, o Utilizador verá anúncios que lhe serão menos relevantes.
Não armazenam dados pessoais diretamente, mas baseiam-se na identificação exclusiva do browser e dispositivo de Internet do Utilizador. Se o Utilizador não permitir estes cookies, o Utilizador verá anúncios que lhe serão menos relevantes.
Cookies usados
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
Categorias | Cookies |
facebook.com |
|
openx.net |
|
clickagy.com |
|
demdex.net |
|
simpli.fi |
|
turn.com |
|
domdex.com |
|
exelator.com |
|
addthis.com |
|
hlserve.com |
|
videoamp.com |
|
gwallet.com |
|
adbrn.com |
|
tag.crsspxl.com |
|
company-target.com |
|
krxd.net |
|
pippio.com |
|
adsnative.com |
|
w55c.net |
|
everesttech.net |
|
advertising.com |
|
pubmatic.com |
|
ru4.com |
|
dpm.demdex.net |
|
pro-market.net |
|
mxptint.net |
|
bizrate.com |
|
insightexpressai.com |
|
match.rundsp.com |
|
netseer.com |
|
shareaholic.com |
|
viglink.com |
|
ibeu2.mookie1.com |
|
jivox.com |
|
myvisualiq.net |
|
ml314.com |
|
media6degrees.com |
|
tidaltv.com |
|
adkernel.com |
|
criteo.com |
|
bing.com |
|
crsspxl.com |
|
weborama.fr |
|
rubiconproject.com |
|
c.bing.com |
|
global.ib-ibi.com |
|
s.thebrighttag.com |
|
3lift.com |
|
bizographics.com |
|
bidr.io |
|
casalemedia.com |
|
reson8.com |
|
youtube.com |
|
adsrvr.org |
|
linkedin.com |
|
tapad.com |
|
crwdcntrl.net |
|
disqus.com |
|
ads.linkedin.com |
|
vmweb.net |
|
videostat.com |
|
google.com |
|
rlcdn.com |
|
google.co.uk |
|
bluekai.com |
|
rfihub.com |
|
t.sharethis.com |
|
sharethis.com |
|
scorecardresearch.com |
|
adnxs.com |
|
doubleclick.net |
|
ctnsnet.com |
|
adsymptotic.com |
|
eyeota.net |
|
sitescout.com |
|
agkn.com |
|
严格必要的Cookie
Effective July 15th 2019
DownloadTable of Contents
严格必要的Cookie
在网站运行时必需设置这些cookie,在我们的系统中无法予以关闭。它们通常只针对您的操作(即您的服务请求)而设置,例如设置您的隐私偏好、登录或填写表格。
您可以将浏览器设置为阻止这些cookie或者向你发出提醒,但是此时网站的某些部分将无法运行。这些cookie不会存储任何个人身份信息。
您可以将浏览器设置为阻止这些cookie或者向你发出提醒,但是此时网站的某些部分将无法运行。这些cookie不会存储任何个人身份信息。
使用的Cookie
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
\性能Cookie
这些Cookie使我们能够计算访问次数和流量来源,以便我们衡量和改善网站的效果。它们可以帮助我们了解哪些页面最受欢迎或最不受欢迎,并了解访问者在网站上如何浏览。
这些cookie收集的所有信息都属于汇总性质,因此是匿名的。如果您不允许设置这些cookie,我们就无法知晓您何时访问我们的网站,并且无法监控其性能。
这些cookie收集的所有信息都属于汇总性质,因此是匿名的。如果您不允许设置这些cookie,我们就无法知晓您何时访问我们的网站,并且无法监控其性能。
使用的Cookie
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
分类 | Cookies |
app.listenloop.com |
|
hs-analytics.net |
|
hubspot.net |
|
hubspot.com |
|
hs-scripts.com |
|
hsstatic.net |
|
功能性Cookies
这些cookie使网站能够提供增强的功能和个性化。它们可能由我们自身或者我们添加到页面的第三方提供商设置。
如果您不允许设置这些cookie,则这些服务可能部分或全部地无法正常运行。
如果您不允许设置这些cookie,则这些服务可能部分或全部地无法正常运行。
使用的Cookie
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
分类 | Cookies |
hsforms.net |
|
io.narrative.io |
|
dpmsrv.com |
|
ndg.io |
|
v12group.com |
|
match.adsby.bidtheatre.com |
|
img.webmd.com |
|
dmp.truoptik.com |
|
cdn.viglink.com |
|
visiblemeasures.com |
|
pool.admedo.com |
|
entitytag.co.uk |
|
truoptik.com |
|
newton.newtonsoftware.com |
|
api.at.getsocial.io |
|
mmsho.com |
|
lkqd.net |
|
linksynergy.com |
|
dlx.addthis.com |
|
nextinsure.com |
|
rezync.com |
|
dsp.io |
|
live.rezync.com |
|
p.mmsho.com |
|
choozle.com |
|
cs.popwal.it |
|
postrelease.com |
|
adventori.com |
|
tags.rd.linksynergy.com |
|
secure.insightexpressai.com |
|
prf.hn |
|
trkn.us |
|
popwal.it |
|
accounts.google.com |
|
marchex.io |
|
fzlnk.com |
|
links.services.disqus.com |
|
view.vzaar.com |
|
针对性Cookie
广告合作伙伴通过我们的网站可以设置这些cookie。这些公司可能使用这些cookie来创建您感兴趣的内容,并在其他网站上向您展示相关广告。
它们不会直接存储个人信息,而是对您的浏览器和互联网设备作出唯一标识。如果您不允许设置这些Cookie,则会浏览到针对性较差的广告。
它们不会直接存储个人信息,而是对您的浏览器和互联网设备作出唯一标识。如果您不允许设置这些Cookie,则会浏览到针对性较差的广告。
使用的Cookie
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
|
Effective May 24th 2019 to July 15th 2019
DownloadTable of Contents
严格必要的Cookie
在网站运行时必需设置这些cookie,在我们的系统中无法予以关闭。它们通常只针对您的操作(即您的服务请求)而设置,例如设置您的隐私偏好、登录或填写表格。
您可以将浏览器设置为阻止这些cookie或者向你发出提醒,但是此时网站的某些部分将无法运行。这些cookie不会存储任何个人身份信息。
您可以将浏览器设置为阻止这些cookie或者向你发出提醒,但是此时网站的某些部分将无法运行。这些cookie不会存储任何个人身份信息。
使用的Cookie
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
\性能Cookie
这些Cookie使我们能够计算访问次数和流量来源,以便我们衡量和改善网站的效果。它们可以帮助我们了解哪些页面最受欢迎或最不受欢迎,并了解访问者在网站上如何浏览。
这些cookie收集的所有信息都属于汇总性质,因此是匿名的。如果您不允许设置这些cookie,我们就无法知晓您何时访问我们的网站,并且无法监控其性能。
这些cookie收集的所有信息都属于汇总性质,因此是匿名的。如果您不允许设置这些cookie,我们就无法知晓您何时访问我们的网站,并且无法监控其性能。
使用的Cookie
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
分类 | Cookies |
app.listenloop.com |
|
hs-analytics.net |
|
hubspot.net |
|
hubspot.com |
|
hs-scripts.com |
|
hsstatic.net |
|
功能性Cookies
这些cookie使网站能够提供增强的功能和个性化。它们可能由我们自身或者我们添加到页面的第三方提供商设置。
如果您不允许设置这些cookie,则这些服务可能部分或全部地无法正常运行。
如果您不允许设置这些cookie,则这些服务可能部分或全部地无法正常运行。
使用的Cookie
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
分类 | Cookies |
hsforms.net |
|
io.narrative.io |
|
dpmsrv.com |
|
ndg.io |
|
v12group.com |
|
match.adsby.bidtheatre.com |
|
img.webmd.com |
|
dmp.truoptik.com |
|
cdn.viglink.com |
|
visiblemeasures.com |
|
pool.admedo.com |
|
entitytag.co.uk |
|
truoptik.com |
|
newton.newtonsoftware.com |
|
api.at.getsocial.io |
|
mmsho.com |
|
lkqd.net |
|
linksynergy.com |
|
dlx.addthis.com |
|
nextinsure.com |
|
rezync.com |
|
dsp.io |
|
live.rezync.com |
|
p.mmsho.com |
|
choozle.com |
|
cs.popwal.it |
|
postrelease.com |
|
adventori.com |
|
tags.rd.linksynergy.com |
|
secure.insightexpressai.com |
|
prf.hn |
|
trkn.us |
|
popwal.it |
|
accounts.google.com |
|
marchex.io |
|
fzlnk.com |
|
links.services.disqus.com |
|
view.vzaar.com |
|
针对性Cookie
广告合作伙伴通过我们的网站可以设置这些cookie。这些公司可能使用这些cookie来创建您感兴趣的内容,并在其他网站上向您展示相关广告。
它们不会直接存储个人信息,而是对您的浏览器和互联网设备作出唯一标识。如果您不允许设置这些Cookie,则会浏览到针对性较差的广告。
它们不会直接存储个人信息,而是对您的浏览器和互联网设备作出唯一标识。如果您不允许设置这些Cookie,则会浏览到针对性较差的广告。
使用的Cookie
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
|
RiseSmartの個人情報保護方針
Effective July 15th 2019
DownloadTable of Contents
RiseSmartの個人情報保護方針
RiseSmart, Inc.およびその関連会社(「RiseSmart」と総称)は、RiseSmartが管理するウェブサイト(http://www.RiseSmart.comなど)(「本サイト」と総称)を通じ、その利用規約(「本利用規約」)(http://www.RiseSmart.com/terms-conditionsで閲覧可能)に従って本サービス(下記で定義)を利用者に提供します。本サービスには、(a)本サイト、(b)RiseSmartの再配置サービスおよびキャリア管理サービス、その他の関連サービス(ファイル管理サービスおよび分析サービスを含む)、ならびに関連の技術、また(c)すべてのソフトウェア、資料、ポータル、推薦、求人、データ、レポート、テキスト、画像、音声、動画、分析およびこれらのいずれかを通じて提供されるその他のコンテンツ(「本コンテンツ」と総称)が含まれます。
RiseSmartは、本サービスを通じて収集および処理されるすべてのインフォメーションのデータ管理者です。本サービスに関して新たな機能が追加または拡張された場合にも、本利用規約および本個人情報保護方針が適用されます。本個人情報保護方針は、本サービスに関して収集、送信およびその他の方法で利用される個人識別データ(「個人データ」)およびその他の情報に関するRiseSmartの方針を定めるものです。本サービスの利用中に収集される匿名データは、「個人データ」には含まれません。
利用者の同意
RiseSmartに対して自主的に個人データを提供するか、その他本サービスを利用することにより、利用者は、ご自身の個人データおよび下記のとおり本個人情報保護方針(および本サービスに関してRiseSmartが随時利用者に交付するその他の通知)に概要を記載するその他の情報をRiseSmartが収集、送信および利用することに同意することになります。利用者は、この同意を取り消し、ご自身がRiseSmartに提供した情報を削除するようリクエストできる権利を有するものとします。
利用者から受け取る個人データ
利用者が本サービスの利用を選択した場合、RiseSmartは、個人データを直接RiseSmartに提供するよう利用者に求める場合があります。RiseSmartが利用者から受け取るデータは、次のとおりです。
- 利用者の名前、現在または最近の役職、会社名、電話番号、住所、メールアドレスおよびその他の身元情報または連絡先情報。
- 利用者の職歴およびその他経験、学歴およびトレーニング歴、その他の資格、職に関する希望、希望年収、関心事ならびにその他のキャリア情報および経歴情報。
- キャリア開発および求職における利用者の中間目標の進捗および状況に関する情報。
- 利用者の顧客満足度に関する情報、または利用者のキャリア開発、求職および本サービスに関するその他のフィードバック。
上記に加え、利用者が本サービスを通じてRiseSmartとやり取りを行う場合、RiseSmartは、自主的に提供していただけるときに限り(利用者が問い合わせのためRiseSmartに連絡したり、RiseSmartが実施するアンケートに回答する場合など)、その他の個人データおよび情報を利用者から収集することがあります。
利用者は、本サービスに関するさまざまなチャネル(本サービスに関してオンライン登録または書面で行うご自身のアカウントのアクティベーション、RiseSmartの求めに応じて記入する利用者の履歴書、チェックリストおよび質問事項、トレーニングおよびカウンセリングセッション、ディスカッション、メール交換ならびにその他のチャネルなど)を通じて利用者の個人データ提供を求められます。本サービスは、利用者のインターネットプロトコル(IP)アドレスも収集する場合があります。
利用者が本サービス上で個人のウェブアカウントを設定する場合、RiseSmartは、固有のユーザーネーム、パスワードおよび秘密の質問を設定し、ご自身のアカウントにアクセスする際にはこれらのログイン情報を利用することを利用者に求めることがあります。利用者は、ご自身のユーザーネーム、パスワードおよび秘密の質問に関する情報の秘密性を維持することに同意し、この秘密性の維持を怠り、その結果として個人データまたはその他の情報の利用、盗難、改ざん、不正利用、漏えいまたはその他の損失が生じた場合、ご自身が全面的に責任を負うものとします。
利用者は、ご自身が選択したデータへのアクセス権提供をRiseSmartにリクエストする権利を有します。アクセスリクエストは、user.support@risesmart.comに送信してください。RiseSmartは、30日以内にかかるアクセスリクエストに対応します。
企業クライアントから受け取る個人データ
利用者は、次に定める場合にRiseSmartの企業クライアントがRiseSmartを活用することがあることについて承諾します。(a)当該企業クライアントの現在および/もしくは以前の従業員のうち、当該企業クライアントに雇用されており、もしくは解雇される予定の者による本サービスを通じた職探しを支援させる場合(「再配置支援」)、または(b)当該企業クライアントの現在の従業員による本サービスを通じたキャリア開発を支援させる場合(「キャリア開発支援」)((a)および(c)を「企業クライアントエンゲージメント」と総称)。企業クライアントエンゲージメントに関連して、RiseSmartは、本サービス提供の適正者リストを当該企業クライアントから受け取ります。適正な利用者に該当する場合、企業クライアントのリストには、ご自身の名前、現在または最近の役職、自宅住所、電話番号、メールアドレス、所属部署およびその他の個人データが含まれることがあります。
RiseSmartは、利用者の雇用主または以前の雇用主が提供するサービスを利用者に提供するという方法により、RiseSmartの正当な利益のために利用者情報を処理します。RiseSmartは、適正な参加者に連絡をする目的においてのみ企業クライアントから受け取った個人データを利用します。
個人データの国際移転
利用者または企業クライアントが本サービスに関して個人データを提供する場合、利用者は、かかる個人データが利用者または企業クライアントが現在所在する地域から、米国またはその他の国に所在するRiseSmartおよび本個人情報保護方針で言及する認定サードパーティの事業所およびサーバーに移転されることがあることについて承諾し同意します。
その他の情報およびCookieの利用
利用者が本サービスを通じてRiseSmartとやり取りを行う場合、RiseSmartは、個人が識別されない一定の情報を受け取り、保存します。かかる情報はさまざまな技術を用いて受動的に収集されますが、現時点において、利用者を具体的に特定するために利用されることはありません。上記に加え、本サービスは、本サービスの機能性の一部として個人が識別されないその他の情報を収集する場合があります(個人識別情報を含まない質問事項への回答の収集など)。RiseSmartが自らこれらの情報を保存する場合もあり、また、RiseSmartのエージェントまたはサービスプロバイダーが所有および維持するデータベースにこれらの情報が含まれる場合もあります。本サービスは、本サイトまたは本サービスの訪問者数合計、本サイトまたは本サービスの各ページの訪問者数、およびRiseSmartの訪問者のインターネットサービスプロバイダーのドメイン名などをトラックするためにこれらの情報を利用し、その他の情報と共に保管する場合があります。重要な点として、上記に定めるとおり、利用者または企業クライアントが自主的に提供した場合でない限り、個人データがかかる処理のために提供されたり、利用されたりすることはありません。
RiseSmartは、本サービスの運営に際し、「Cookie」と呼ばれる技術を利用することがあります。 Cookieとは、利用者が本サービスにアクセスした際に、本サービスにホストしているコンピューターにより利用者のブラウザーに設置される小さな情報です。RiseSmartのCookieは、本サービスにさらなる機能性を追加するとともに、RiseSmartが本サービスの利用状況をより正確に分析するのに役立ちます。たとえば、本サービスは、利用者のブラウザーにCookieを設置することにより、本サービスの訪問中、利用者がパスワードを複数回入力することなく本サービスにアクセスできるようになります。RiseSmartがCookieを利用するとき、すべての場合において、RiseSmartは利用者の許可を得ることなく個人データを収集いたしません。
RiseSmart(およびRiseSmartが許可したサードパーティプロバイダー)は、利用者が長期的に、また、本サービスのご利用後、他のウェブサイトにおいて何を閲覧したかに関する情報を収集するために、このようなCookieまたは類似の技術を利用する場合があります。当社の本サービスは、現時点で「トラッキング拒否」(DNT)信号に対応しておらず、DNT信号を受信したかどうかにかかわらず、本個人情報保護方針の定めに従って動作します。RiseSmartが将来この対応を行う場合、RiseSmartの対応方法に関する説明については、本個人情報保護方針に記載します。
企業クライアントとの情報共有
利用者が企業クライアントエンゲージメントに基づく再配置支援を受けることを目的として本サービスを利用するものである場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況、利用者による本サービスの利用範囲、キャリア開発に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報(「再配置進捗データ」と総称)を、いずれも個別的または集合的な形式で当該企業クライアントに提供することがあります。RiseSmartは随時、RiseSmartが企業クライアントと共有することを許可された再配置進捗データを調整できるツールを利用者に提供します。利用者が企業クライアントエンゲージメントに基づくキャリア開発支援を受けることを目的として本サービスを利用するものである場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況、利用者による本サービスの利用範囲、求職に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報(「キャリア開発進捗データ」と総称)を、いずれも集合的な形式で当該企業クライアントに提供することがあります。RiseSmartは随時、RiseSmartが企業クライアントと共有することを許可されたキャリア開発進捗データを調整できるツールを利用者に提供します。RiseSmartが企業クライアントと共有する再配置進捗データまたはキャリア開発進捗データに関して質問事項または懸念がある場合、user.support@risesmart.comにご連絡ください(情報は下記)。
利用者情報に関するその他の利用および共有
RiseSmartは、本サービスを利用者に提供する目的(当該利用者が具体的にどのような支援を本サービスから受けたいと望んでいるかを判断する目的や、求職者に関しては、求人、求職トレーニング、履歴書作成支援および/またはその他の支援を提供する目的など)で、利用者の個人データおよびその他の情報を本サービスの範囲内で収集、送信および利用する場合があります。またRiseSmartは、(a)(本サービスのアカウントに利用者がアクセスしたり、RiseSmartスタッフと連絡をしたりする場合などに)利用者を特定および確認する目的、または(b)利用者のアカウントに関して、RiseSmartによる本サービスの活動の社内エスカレーションや社内調整を行い、RiseSmartの経営陣に本サービスのパフォーマンスに関する社内報告を行い、社内トレーニングを実施し、またその他RiseSmartの事業を管理したりする目的のために利用者の個人データを利用する場合があります。
また、利用者が特定の理由に基づき個人データまたはその他の情報を提供した場合、RiseSmartは、当該情報が提供された理由に関連して当該個人データまたはその他の情報を利用することがあります。たとえば、利用者がメールでRiseSmartに連絡した場合、RiseSmartは、利用者からの質問事項または利用者が抱える問題に対応するために利用者が提供した個人データを利用します。
またRiseSmartは、次に定めるとおり、本サービスを通じて収集した利用者の個人データおよびその他の情報を利用および共有する場合があります。
- RiseSmartは、RiseSmartが本コンテンツおよび本サービスの機能性を向上させ、RiseSmartのユーザーをより深く理解し、また本サービスを向上させる場合に役立てるために利用者の個人データおよびその他の情報を利用する場合があります。
- RiseSmartは、その事業を発展させる過程において、事業または資産の売買を行う場合があります。会社の売却、吸収合併、組織変更、解散または類似の事由が生じた場合、個人データおよびその他の情報は、移転対象資産の一部となる場合があります。
- またRiseSmartは、本個人情報保護方針に適合する目的において、利用者の個人データおよびその他の情報をRiseSmartの関連会社と共有する場合があります。
- RiseSmartは、多くの企業と同様に、時として分析などの特定の事業関連業務の遂行を他の企業に外注する場合があります。RiseSmartが任意の業務遂行を自らに代わる他の企業に外注する場合、RiseSmartは、特定の業務を遂行するために当該企業によとって必要または有用な範囲で、利用者の個人データおよび他の情報を当該企業に提供することがあります。これらのサービスプロバイダーには、当社サーバーをホストし、当社顧客に管理ツールを提供し、連絡ツールを提供し、また詐欺の発見および防止を支援するサービスを提供する企業が含まれます。
- RiseSmartは、法律に基づき義務付けられる場合、または、(i)法律上の義務を遵守し、(ii)RiseSmartの権利もしくは財産を保護もしくは防御し、(iii)本サービスのユーザー個人の安全もしくは公共を保護すべき緊急状況において対策を講じ、もしくは(iv)法的責任を保護するためには信義に則してかかる措置が必要であると確信する場合、利用者の個人データおよびその他の情報を開示することができます。
集合的個人データ
本サービスのユーザーをより深く理解し、より良いサービスを提供するために継続して行う努力の一環として、RiseSmartは、提供を受けた個人データおよびその他の情報に基づいてユーザー層、ユーザーの関心事、結果および活動内容に関する調査を実施することがあります。この調査およびユーザーの活動内容、結果または審査に関するその他のメトリックまたは分析は、集合的なものとして蓄積および分析されます。RiseSmartは、この集合的データを自らの関連会社、エージェントおよび事業パートナーと共有する場合があります。この集合的データによって、利用者個人が特定されることはありません。またRiseSmartは、RiseSmartのサービスを説明するために、現在の事業パートナーおよび将来の事業パートナー候補、ならびにその他の適法な目的を有するその他の第三者に対して集合的なユーザー統計を開示する場合があります。
情報管理
RiseSmartは、利用者の個人データまたはその他の情報をすべてデジタル形式で受け取り、または入力することができます。RiseSmartは、利用者から提供を受けた、または利用者に関するすべての個人データおよびその他の情報を、1つの独自データベース記録に結合したうえで、米国またはその他の国でホストされているサーバーで保存する場合があります。利用者は、RiseSmartがご自身に関して保有する個人データの正確性を確保する権利を有します。この正確性の追求に関し、RiseSmartは、利用者のアカウント内の利用者の個人データおよびその他の情報に関する概要を見直し、当該情報を確認または修正することを利用者に指示および要求する場合があります。
RiseSmartスタッフは、任意の事務所、出張先または勤務地から、オンラインで利用者のアカウントにアクセスし、ニーズおよび要処置事項を判断し、求職者に関しては利用者のアカウントに求人を掲載する場合があります。
RiseSmartは、本サービスを介して提供された個人データおよびその他の情報が、喪失し、不正に利用、アクセス、開示、改ざんまたは破棄されないよう保護するための合理的な措置を講じます。ただし、完全に安全またはエラーがないインターネットまたはメール送信は存在しません。具体的には、本サービスに関して送受信されるメールまたはその他の送信は、安全でない場合があります。そのため、メールまたはその他の送信手段を介してRiseSmartに送信する情報の内容を決定する際には、特に注意してください。
他のウェブサイトへのリンク
本個人情報保護方針は、専ら本サービスに対して適用されます。本サービスには、RiseSmartが運営または管理する以外のウェブサイト(「外部サイト」)へのリンクが含まれている場合があります。本個人情報保護方針に定める方針および手続は、外部サイトには適用されません。本サービスからのリンクは、RiseSmartが当該外部サイトを推奨し、または審査したことを黙示するものではありません。当該サイトの個人情報保護方針については、当該サイトに直接アクセスしてください。
公開情報
本サービス内の一般公開エリアに一方的に情報を掲載するなど、利用者が本サービスまたはその他の手段を通じて一方的にRiseSmartに個人情報を提供した場合、かかる一方的な情報は秘密保持の対象外であるとみなされるものとします。RiseSmartは、何らの限定または出所明示を行うことなく、当該一方的な情報を任意に複製および利用し、また他人に開示および配布できるものとします。公開エリアに掲載された情報は、本サイトへのアクセス権を有する者であれば、世界中、誰であってもアクセスおよび保存が可能です。
お子様による使用
RiseSmartは、13歳未満のお子様にはご利用いただけません。また、13歳未満のお子様と知りながらその情報を収集することもありません。
本個人情報保護方針の変更
本サービスおよびRiseSmartの事業は、随時、変更されます。その結果、RiseSmartが本個人情報保護方針に変更を加える必要が生じることがあります。RiseSmartは、予告なく随時、またいつでも本個人情報保護方針を更新または変更する権利を留保します。本個人情報保護方針は、(特に個人データを提供する前に)定期的にご確認ください。本個人情報保護方針の最終更新日は、末尾に記載されています。本個人情報保護方針の変更または改訂後に引き続き本サービスを利用した場合、本個人情報保護方針の当該改訂後の規定について同意したものとみなされます。
RiseSmartへの連絡
ご自身の個人データの正確性、最新性および完全性を維持するためには、下記に従いRiseSmartに連絡してください。RiseSmartは、本サービスを介して利用者から以前に送信されRiseSmartが保有する個人データを更新または修正するための合理的な措置を講じます。
本個人情報保護方針またはプライバシー関連の問題または質問事項がある場合、RiseSmartの最高プライバシー責任者に対し、次の住所に宛て連絡してください。
Privacy Office
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
メール:user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
メール:user.support@risesmart.com
欧州経済領域(EEA)およびスイスのユーザーには、ご自身の国におけるデータ保護監督機関に対して苦情を申し立てる権利が認められています。
発効日:2019年1月18日
Effective May 31st 2019 to July 15th 2019
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RiseSmartの個人情報保護方針
RiseSmart, Inc.およびその関連会社(「RiseSmart」と総称)は、RiseSmartが管理するウェブサイト(http://www.RiseSmart.comなど)(「本サイト」と総称)を通じ、その利用規約(「本利用規約」)(http://www.RiseSmart.com/terms-conditionsで閲覧可能)に従って本サービス(下記で定義)を利用者に提供します。本サービスには、(a)本サイト、(b)RiseSmartの再配置サービスおよびキャリア管理サービス、その他の関連サービス(ファイル管理サービスおよび分析サービスを含む)、ならびに関連の技術、また(c)すべてのソフトウェア、資料、ポータル、推薦、求人、データ、レポート、テキスト、画像、音声、動画、分析およびこれらのいずれかを通じて提供されるその他のコンテンツ(「本コンテンツ」と総称)が含まれます。
RiseSmartは、本サービスを通じて収集および処理されるすべてのインフォメーションのデータ管理者です。本サービスに関して新たな機能が追加または拡張された場合にも、本利用規約および本個人情報保護方針が適用されます。本個人情報保護方針は、本サービスに関して収集、送信およびその他の方法で利用される個人識別データ(「個人データ」)およびその他の情報に関するRiseSmartの方針を定めるものです。本サービスの利用中に収集される匿名データは、「個人データ」には含まれません。
利用者の同意
RiseSmartに対して自主的に個人データを提供するか、その他本サービスを利用することにより、利用者は、ご自身の個人データおよび下記のとおり本個人情報保護方針(および本サービスに関してRiseSmartが随時利用者に交付するその他の通知)に概要を記載するその他の情報をRiseSmartが収集、送信および利用することに同意することになります。利用者は、この同意を取り消し、ご自身がRiseSmartに提供した情報を削除するようリクエストできる権利を有するものとします。
利用者から受け取る個人データ
利用者が本サービスの利用を選択した場合、RiseSmartは、個人データを直接RiseSmartに提供するよう利用者に求める場合があります。RiseSmartが利用者から受け取るデータは、次のとおりです。
- 利用者の名前、現在または最近の役職、会社名、電話番号、住所、メールアドレスおよびその他の身元情報または連絡先情報。
- 利用者の職歴およびその他経験、学歴およびトレーニング歴、その他の資格、職に関する希望、希望年収、関心事ならびにその他のキャリア情報および経歴情報。
- キャリア開発および求職における利用者の中間目標の進捗および状況に関する情報。
- 利用者の顧客満足度に関する情報、または利用者のキャリア開発、求職および本サービスに関するその他のフィードバック。
上記に加え、利用者が本サービスを通じてRiseSmartとやり取りを行う場合、RiseSmartは、自主的に提供していただけるときに限り(利用者が問い合わせのためRiseSmartに連絡したり、RiseSmartが実施するアンケートに回答する場合など)、その他の個人データおよび情報を利用者から収集することがあります。
利用者は、本サービスに関するさまざまなチャネル(本サービスに関してオンライン登録または書面で行うご自身のアカウントのアクティベーション、RiseSmartの求めに応じて記入する利用者の履歴書、チェックリストおよび質問事項、トレーニングおよびカウンセリングセッション、ディスカッション、メール交換ならびにその他のチャネルなど)を通じて利用者の個人データ提供を求められます。本サービスは、利用者のインターネットプロトコル(IP)アドレスも収集する場合があります。
利用者が本サービス上で個人のウェブアカウントを設定する場合、RiseSmartは、固有のユーザーネーム、パスワードおよび秘密の質問を設定し、ご自身のアカウントにアクセスする際にはこれらのログイン情報を利用することを利用者に求めることがあります。利用者は、ご自身のユーザーネーム、パスワードおよび秘密の質問に関する情報の秘密性を維持することに同意し、この秘密性の維持を怠り、その結果として個人データまたはその他の情報の利用、盗難、改ざん、不正利用、漏えいまたはその他の損失が生じた場合、ご自身が全面的に責任を負うものとします。
利用者は、ご自身が選択したデータへのアクセス権提供をRiseSmartにリクエストする権利を有します。アクセスリクエストは、user.support@risesmart.comに送信してください。RiseSmartは、30日以内にかかるアクセスリクエストに対応します。
企業クライアントから受け取る個人データ
利用者は、次に定める場合にRiseSmartの企業クライアントがRiseSmartを活用することがあることについて承諾します。(a)当該企業クライアントの現在および/もしくは以前の従業員のうち、当該企業クライアントに雇用されており、もしくは解雇される予定の者による本サービスを通じた職探しを支援させる場合(「再配置支援」)、または(b)当該企業クライアントの現在の従業員による本サービスを通じたキャリア開発を支援させる場合(「キャリア開発支援」)((a)および(c)を「企業クライアントエンゲージメント」と総称)。企業クライアントエンゲージメントに関連して、RiseSmartは、本サービス提供の適正者リストを当該企業クライアントから受け取ります。適正な利用者に該当する場合、企業クライアントのリストには、ご自身の名前、現在または最近の役職、自宅住所、電話番号、メールアドレス、所属部署およびその他の個人データが含まれることがあります。
RiseSmartは、利用者の雇用主または以前の雇用主が提供するサービスを利用者に提供するという方法により、RiseSmartの正当な利益のために利用者情報を処理します。RiseSmartは、適正な参加者に連絡をする目的においてのみ企業クライアントから受け取った個人データを利用します。
個人データの国際移転
利用者または企業クライアントが本サービスに関して個人データを提供する場合、利用者は、かかる個人データが利用者または企業クライアントが現在所在する地域から、米国またはその他の国に所在するRiseSmartおよび本個人情報保護方針で言及する認定サードパーティの事業所およびサーバーに移転されることがあることについて承諾し同意します。
その他の情報およびCookieの利用
利用者が本サービスを通じてRiseSmartとやり取りを行う場合、RiseSmartは、個人が識別されない一定の情報を受け取り、保存します。かかる情報はさまざまな技術を用いて受動的に収集されますが、現時点において、利用者を具体的に特定するために利用されることはありません。上記に加え、本サービスは、本サービスの機能性の一部として個人が識別されないその他の情報を収集する場合があります(個人識別情報を含まない質問事項への回答の収集など)。RiseSmartが自らこれらの情報を保存する場合もあり、また、RiseSmartのエージェントまたはサービスプロバイダーが所有および維持するデータベースにこれらの情報が含まれる場合もあります。本サービスは、本サイトまたは本サービスの訪問者数合計、本サイトまたは本サービスの各ページの訪問者数、およびRiseSmartの訪問者のインターネットサービスプロバイダーのドメイン名などをトラックするためにこれらの情報を利用し、その他の情報と共に保管する場合があります。重要な点として、上記に定めるとおり、利用者または企業クライアントが自主的に提供した場合でない限り、個人データがかかる処理のために提供されたり、利用されたりすることはありません。
RiseSmartは、本サービスの運営に際し、「Cookie」と呼ばれる技術を利用することがあります。 Cookieとは、利用者が本サービスにアクセスした際に、本サービスにホストしているコンピューターにより利用者のブラウザーに設置される小さな情報です。RiseSmartのCookieは、本サービスにさらなる機能性を追加するとともに、RiseSmartが本サービスの利用状況をより正確に分析するのに役立ちます。たとえば、本サービスは、利用者のブラウザーにCookieを設置することにより、本サービスの訪問中、利用者がパスワードを複数回入力することなく本サービスにアクセスできるようになります。RiseSmartがCookieを利用するとき、すべての場合において、RiseSmartは利用者の許可を得ることなく個人データを収集いたしません。
RiseSmart(およびRiseSmartが許可したサードパーティプロバイダー)は、利用者が長期的に、また、本サービスのご利用後、他のウェブサイトにおいて何を閲覧したかに関する情報を収集するために、このようなCookieまたは類似の技術を利用する場合があります。当社の本サービスは、現時点で「トラッキング拒否」(DNT)信号に対応しておらず、DNT信号を受信したかどうかにかかわらず、本個人情報保護方針の定めに従って動作します。RiseSmartが将来この対応を行う場合、RiseSmartの対応方法に関する説明については、本個人情報保護方針に記載します。
企業クライアントとの情報共有
利用者が企業クライアントエンゲージメントに基づく再配置支援を受けることを目的として本サービスを利用するものである場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況、利用者による本サービスの利用範囲、キャリア開発に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報(「再配置進捗データ」と総称)を、いずれも個別的または集合的な形式で当該企業クライアントに提供することがあります。RiseSmartは随時、RiseSmartが企業クライアントと共有することを許可された再配置進捗データを調整できるツールを利用者に提供します。利用者が企業クライアントエンゲージメントに基づくキャリア開発支援を受けることを目的として本サービスを利用するものである場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況、利用者による本サービスの利用範囲、求職に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報(「キャリア開発進捗データ」と総称)を、いずれも集合的な形式で当該企業クライアントに提供することがあります。RiseSmartは随時、RiseSmartが企業クライアントと共有することを許可されたキャリア開発進捗データを調整できるツールを利用者に提供します。RiseSmartが企業クライアントと共有する再配置進捗データまたはキャリア開発進捗データに関して質問事項または懸念がある場合、user.support@risesmart.comにご連絡ください(情報は下記)。
利用者情報に関するその他の利用および共有
RiseSmartは、本サービスを利用者に提供する目的(当該利用者が具体的にどのような支援を本サービスから受けたいと望んでいるかを判断する目的や、求職者に関しては、求人、求職トレーニング、履歴書作成支援および/またはその他の支援を提供する目的など)で、利用者の個人データおよびその他の情報を本サービスの範囲内で収集、送信および利用する場合があります。またRiseSmartは、(a)(本サービスのアカウントに利用者がアクセスしたり、RiseSmartスタッフと連絡をしたりする場合などに)利用者を特定および確認する目的、または(b)利用者のアカウントに関して、RiseSmartによる本サービスの活動の社内エスカレーションや社内調整を行い、RiseSmartの経営陣に本サービスのパフォーマンスに関する社内報告を行い、社内トレーニングを実施し、またその他RiseSmartの事業を管理したりする目的のために利用者の個人データを利用する場合があります。
また、利用者が特定の理由に基づき個人データまたはその他の情報を提供した場合、RiseSmartは、当該情報が提供された理由に関連して当該個人データまたはその他の情報を利用することがあります。たとえば、利用者がメールでRiseSmartに連絡した場合、RiseSmartは、利用者からの質問事項または利用者が抱える問題に対応するために利用者が提供した個人データを利用します。
またRiseSmartは、次に定めるとおり、本サービスを通じて収集した利用者の個人データおよびその他の情報を利用および共有する場合があります。
- RiseSmartは、RiseSmartが本コンテンツおよび本サービスの機能性を向上させ、RiseSmartのユーザーをより深く理解し、また本サービスを向上させる場合に役立てるために利用者の個人データおよびその他の情報を利用する場合があります。
- RiseSmartは、その事業を発展させる過程において、事業または資産の売買を行う場合があります。会社の売却、吸収合併、組織変更、解散または類似の事由が生じた場合、個人データおよびその他の情報は、移転対象資産の一部となる場合があります。
- またRiseSmartは、本個人情報保護方針に適合する目的において、利用者の個人データおよびその他の情報をRiseSmartの関連会社と共有する場合があります。
- RiseSmartは、多くの企業と同様に、時として分析などの特定の事業関連業務の遂行を他の企業に外注する場合があります。RiseSmartが任意の業務遂行を自らに代わる他の企業に外注する場合、RiseSmartは、特定の業務を遂行するために当該企業によとって必要または有用な範囲で、利用者の個人データおよび他の情報を当該企業に提供することがあります。これらのサービスプロバイダーには、当社サーバーをホストし、当社顧客に管理ツールを提供し、連絡ツールを提供し、また詐欺の発見および防止を支援するサービスを提供する企業が含まれます。
- RiseSmartは、法律に基づき義務付けられる場合、または、(i)法律上の義務を遵守し、(ii)RiseSmartの権利もしくは財産を保護もしくは防御し、(iii)本サービスのユーザー個人の安全もしくは公共を保護すべき緊急状況において対策を講じ、もしくは(iv)法的責任を保護するためには信義に則してかかる措置が必要であると確信する場合、利用者の個人データおよびその他の情報を開示することができます。
集合的個人データ
本サービスのユーザーをより深く理解し、より良いサービスを提供するために継続して行う努力の一環として、RiseSmartは、提供を受けた個人データおよびその他の情報に基づいてユーザー層、ユーザーの関心事、結果および活動内容に関する調査を実施することがあります。この調査およびユーザーの活動内容、結果または審査に関するその他のメトリックまたは分析は、集合的なものとして蓄積および分析されます。RiseSmartは、この集合的データを自らの関連会社、エージェントおよび事業パートナーと共有する場合があります。この集合的データによって、利用者個人が特定されることはありません。またRiseSmartは、RiseSmartのサービスを説明するために、現在の事業パートナーおよび将来の事業パートナー候補、ならびにその他の適法な目的を有するその他の第三者に対して集合的なユーザー統計を開示する場合があります。
情報管理
RiseSmartは、利用者の個人データまたはその他の情報をすべてデジタル形式で受け取り、または入力することができます。RiseSmartは、利用者から提供を受けた、または利用者に関するすべての個人データおよびその他の情報を、1つの独自データベース記録に結合したうえで、米国またはその他の国でホストされているサーバーで保存する場合があります。利用者は、RiseSmartがご自身に関して保有する個人データの正確性を確保する権利を有します。この正確性の追求に関し、RiseSmartは、利用者のアカウント内の利用者の個人データおよびその他の情報に関する概要を見直し、当該情報を確認または修正することを利用者に指示および要求する場合があります。
RiseSmartスタッフは、任意の事務所、出張先または勤務地から、オンラインで利用者のアカウントにアクセスし、ニーズおよび要処置事項を判断し、求職者に関しては利用者のアカウントに求人を掲載する場合があります。
RiseSmartは、本サービスを介して提供された個人データおよびその他の情報が、喪失し、不正に利用、アクセス、開示、改ざんまたは破棄されないよう保護するための合理的な措置を講じます。ただし、完全に安全またはエラーがないインターネットまたはメール送信は存在しません。具体的には、本サービスに関して送受信されるメールまたはその他の送信は、安全でない場合があります。そのため、メールまたはその他の送信手段を介してRiseSmartに送信する情報の内容を決定する際には、特に注意してください。
他のウェブサイトへのリンク
本個人情報保護方針は、専ら本サービスに対して適用されます。本サービスには、RiseSmartが運営または管理する以外のウェブサイト(「外部サイト」)へのリンクが含まれている場合があります。本個人情報保護方針に定める方針および手続は、外部サイトには適用されません。本サービスからのリンクは、RiseSmartが当該外部サイトを推奨し、または審査したことを黙示するものではありません。当該サイトの個人情報保護方針については、当該サイトに直接アクセスしてください。
公開情報
本サービス内の一般公開エリアに一方的に情報を掲載するなど、利用者が本サービスまたはその他の手段を通じて一方的にRiseSmartに個人情報を提供した場合、かかる一方的な情報は秘密保持の対象外であるとみなされるものとします。RiseSmartは、何らの限定または出所明示を行うことなく、当該一方的な情報を任意に複製および利用し、また他人に開示および配布できるものとします。公開エリアに掲載された情報は、本サイトへのアクセス権を有する者であれば、世界中、誰であってもアクセスおよび保存が可能です。
お子様による使用
RiseSmartは、13歳未満のお子様にはご利用いただけません。また、13歳未満のお子様と知りながらその情報を収集することもありません。
本個人情報保護方針の変更
本サービスおよびRiseSmartの事業は、随時、変更されます。その結果、RiseSmartが本個人情報保護方針に変更を加える必要が生じることがあります。RiseSmartは、予告なく随時、またいつでも本個人情報保護方針を更新または変更する権利を留保します。本個人情報保護方針は、(特に個人データを提供する前に)定期的にご確認ください。本個人情報保護方針の最終更新日は、末尾に記載されています。本個人情報保護方針の変更または改訂後に引き続き本サービスを利用した場合、本個人情報保護方針の当該改訂後の規定について同意したものとみなされます。
RiseSmartへの連絡
ご自身の個人データの正確性、最新性および完全性を維持するためには、下記に従いRiseSmartに連絡してください。RiseSmartは、本サービスを介して利用者から以前に送信されRiseSmartが保有する個人データを更新または修正するための合理的な措置を講じます。
本個人情報保護方針またはプライバシー関連の問題または質問事項がある場合、RiseSmartの最高プライバシー責任者に対し、次の住所に宛て連絡してください。
Privacy Office
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
メール:user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
メール:user.support@risesmart.com
欧州経済領域(EEA)およびスイスのユーザーには、ご自身の国におけるデータ保護監督機関に対して苦情を申し立てる権利が認められています。
発効日:2019年1月18日
利用条件
Effective July 15th 2019
DownloadTable of Contents
利用条件
1.条件の承諾
1.1 RiseSmart, Inc.およびその関連会社(「RiseSmart」と総称)は、RiseSmartが管理するウェブサイト(http://www.RiseSmart.comなど)(「本サイト」と総称)を通じ、この利用規約(「本利用規約」)に従って本サービス(下記で定義)を利用者に提供します。本利用規約を承諾し、または本サービスおよび本サイトにアクセスすることにより、利用者は本利用規約を読み理解したうえで法的に拘束されることを承諾したことになります。本利用規約に同意していただけない場合は、本利用規約を承諾しないでください。その場合、本サービスはご利用いただけません。
1.2 RiseSmartは随時、予告なく本利用規約を変更できるものとします。改訂後の利用条件は、掲載された時点から有効となります。利用者が掲載日以降に本サービスを利用した場合、改訂後の利用条件を承諾したことになります。本利用規約の変更を承諾していただけない場合に利用者が取りうる対策は、本サービスへのアクセスおよび利用の中止に限られます。
2.サービスの説明
本サービスには、(a)本サイト、(b)RiseSmartの再配置サービスおよびキャリア管理サービス、その他の関連サービス(ファイル管理サービスおよび分析サービスを含む)、ならびに関連の技術およびアプリケーション(モバイルインターフェイスを通じてアクセスするアプリケーションおよびサービス、またはこれらへのアクセスを可能とするその他のインターフェイスを通じてアクセスするアプリケーションおよびサービスなど)、また(c)すべてのソフトウェア(下記に定義する本ソフトウェアを含む)、資料、ポータル、推薦、求人、データ、レポート、テキスト、画像、音声、動画、分析およびこれらのいずれかを通じて提供されるその他のコンテンツ(「本コンテンツ」と総称)が含まれます。本サービスに関して新たな機能が追加または拡張された場合にも、本利用規約が適用されます。
3.一般条件/サービスへのアクセスおよび利用
3.1利用者は、適法な目的においてのみ、また本利用規約の利用条件に従うことを条件として、本サービスにアクセスし利用することができます。本サービスおよびその構成要素に関するあらゆる権利、権原および権益は、引き続きRiseSmartに帰属し、RiseSmartが単独でその権利を有するものとします。利用者は、自ら次に掲げる行為をなし、または第三者に行わせてはならないものとします。(a)本サービスをコピー、複製、変更、削除、配布、ダウンロード、保存、送信、公開、二次的著作物の作成、リバースエンジニアリング、逆アセンブル、もしくは(直接もしくは間接を問わず)その他の方法によるソースコード抽出の試み、販売、サブライセンス、再販売、貸与、リース、移転、譲渡もしくはタイムシェアを行い、またはその他の方法で本サービスを商用利用し、もしくは第三者に提供すること。(b)違法な方法(データ、プライバシーもしくは輸出管理に関する法律の違反を含む)により、または本サービスもしくはその構成要素の完全性もしくは性能を妨害もしくは阻害する方法により本サービスを利用すること。(c)本サービスを変更、翻案もしくはハッキングすること、またはその他の方法で本サービスもしくは関連のシステムもしくはネットワークへの不正アクセスを試みること。または、(d)他のウェブサイトもしくはメディア(ネットワーク環境など)で本コンテンツを利用すること。利用者は、RiseSmartが利用者に提供するか本サービスに関して公開する行動規範、ポリシーまたはその他の通知を遵守するものとします。また利用者は、本サービスに関するセキュリティ違反に気付いた場合、すみやかにRiseSmartに通知するものとします。上記に加え、特定のサービスを利用する場合、利用者は、当該サービスに対して併せて適用される規定(本サービス上に随時掲載され、RiseSmartの個人情報保護方針を含む)に従うものとします。
3.2本サービスに関連してRiseSmartが提供するソフトウェア(「本ソフトウェア」)には、適用される知的財産法またはその他法律により保護される専有情報および秘密情報が含まれます。RiseSmartは、本利用規約に定める利用条件の遵守を条件として、本利用規約により、本ソフトウェアのオブジェクトコードを利用(ただし、専ら本サービスに関連して、かつ1台のデバイス上で利用する場合に限る)する個人的、譲渡不可かつサブライセンス不可の非独占的権利およびライセンスを利用者に付与します。利用者は、本サービスへのアクセス時に利用することを目的としてRiseSmartが提供するインターフェイス以外の手段を通じて本サービスにアクセスしないことに同意します。本利用規約で明示的に付与されていない権利は、留保されます。また本サービスに関して、RiseSmartまたは第三者の商標を利用するライセンスまたは権利が利用者に付与されることはありません。
3.3本サービスに関連して利用者がアップロード、掲載、交付、提供またはその他の方法で送信もしくは保存(以下「送信」)するあらゆるデータ、情報、フィードバック、提案、テキスト、コンテンツおよびその他の資料(「利用者コンテンツ」)については、利用者が単独でその責任を負います。利用者は、ご自身が本サービスに関して送信した利用者コンテンツが(a)(利用者が求職またはキャリア開発のために本サービスを利用する場合は、ご自身の履歴書、経歴データおよび職歴情報などが)正確、真実、適法、適切、誠実かつ完全であること、ならびに(b)バグ、ワームまたはウィルスが含まれていないことを本利用規約により表明し、保証します。利用者が上記の規定に違反しているとRiseSmartが判断した場合、または本利用規約に規定されている場合、利用者は、RiseSmartが本サービスから利用者コンテンツを削除できることについて同意します。利用者は、ご自身のログイン、パスワードおよびアカウントに関する秘密性、ならびにログイン中またはアカウント上で生じるすべての活動に関する秘密性を維持する責任を負います。RiseSmartは、利用者の技術サポートリクエストに対応するために利用者のアカウントにアクセスする権利を留保します。利用者は、利用者コンテンツを本サービス上でまたは本サービスを通じて送信することにより、本サービスに関して利用者コンテンツを利用、変更、複製、配布、展示、公開および実演する全世界対象、非独占的、永続、取消不可、使用料無料、全額支払済み、サブライセンス可能かつ移転可能なライセンスを本利用規約によりRiseSmartに付与します。RiseSmartは、本サービス、本コンテンツまたは利用者コンテンツを検査またはモニタリングする権利を有するものとします。ただし、これらを行う義務を負うものではありません。また利用者は、理由の如何を問わず(本コンテンツについて第三者もしくは行政機関から請求もしくは申立てを受けた場合など)、または何らの理由が存在しない場合であっても、RiseSmartがいつでも当該本コンテンツを削除またはその提供を中止できることに同意します。
3.4 利用者は、本サービス(利用者コンテンツを含む)が暗号化されずに運営される場合があること、また、かかる運営の内容として、(a)さまざまなネットワーク上での送信、(b)ネットワークもしくはデバイスに接続するための技術的要件を確認し、これらに適応させるための変更、(c)本サービスの運営維持に必要なハードウェア、ソフトウェア、ネットワーク、ストレージおよび必要な関連技術を提供することを目的として行うRiseSmartのサードパーティベンダーおよびホスティングパートナーへの送信、ならびに(d)利用者に対する本サービス提供に関するその他の第三者への送信が行われる場合があることについて了承します。よって利用者は、利用者コンテンツのセキュリティ、保護およびバックアップをご自身で適切に行う責任を単独で負うことについて承諾します。RiseSmartは、利用者コンテンツの不正アクセスもしくは不正利用、または利用者コンテンツの破損、削除、破壊もしくは消失について利用者に対する責任を一切負わないものとします。
3.5 求職者またはキャリア開発希望者に関しては、上記に加え、本サービスを通じて提供を受けまたは取得した求人機会およびその他の情報を管理するにあたり、ご自身の意見、注意力および判断力を用いること、ならびに、本サービスを通じて提供を受けた本コンテンツ(求人またはキャリアアドバイスもしくは推薦を含む)を信頼または利用する際のリスクについては、利用者が単独で負担することに同意します。
3.6 RiseSmartが本利用規約に定めるいずれかの権利または規定を行使または執行しない場合であっても、当該権利の放棄には該当しないものとします。利用者は、本利用規約が電子形式であり利用者およびRiseSmartの署名が物理的に付されていないことにかかわらず、本利用規約が利用者とRiseSmartとの間における契約であること、ならびに、本利用規約は本サービスを利用する際に適用されるものであり、利用者とRiseSmartとの間で従前に交わされた類似の契約に置き換わることについて承諾する。
3.7 利用者は、次に定める場合にRiseSmartの企業クライアントがRiseSmartを活用することがあることについて承諾します。(a)当該企業クライアントの現在および/もしくは以前の従業員のうち、当該企業クライアントに雇用されており、もしくは解雇される予定の者による本サービスを通じた職探しを支援させる場合(「再配置支援」)、または(b)当該企業クライアントの現在の従業員による本サービスを通じたキャリア開発を支援させる場合(「キャリア開発支援」)((a)および(c)を「企業クライアントエンゲージメント」と総称)。利用者が企業クライアントエンゲージメントに基づく再配置支援を受けることを目的として本サービスを利用するものである場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況、利用者による本サービスの利用範囲、求職に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報を、いずれも個別的または集合的な形式で当該企業クライアントに提供することがあります。利用者が企業クライアントエンゲージメントに基づくキャリア開発支援を受けることを目的として本サービスを利用するものである場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況、利用者による本サービスの利用範囲、求職もしくはキャリア開発に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報を、いずれも集合的な形式で当該企業クライアントに提供することがあります。企業クライアントエンゲージメントに関して利用者および企業クライアントから提供を受けた情報をRiseSmartが収集、利用および共有する場合の詳細については、RiseSmartの個人情報保護方針をご覧ください。
3.8 利用者が企業クライアントエンゲージメントに基づき本サービスを利用するものである場合、いかなる場合にも、ご自身に提供される本サービスが、ご自身に対する本サービスへのアクセス権付与を基礎付ける当該企業クライアントエンゲージメントの範囲、期間またはその他の制限を超えないことを承諾します。
3.9 利用者は、次に定める事項について同意します。RiseSmartが(a)本サービスの利用に関する一般的な慣行および制限(本サービスにより本コンテンツまたは利用者コンテンツが保有される最長期間に関する制限、および利用者のために割り当てられる最小のストレージスペースなど)を設けることができること。(b)本サービスを通じて維持またはアップロードされた本コンテンツまたは利用者コンテンツが削除され、または保存されなかった場合であっても、RiseSmartが一切の責任を負わないこと。ならびに、(c)RiseSmartが(i)法的手続、適用法もしくは政府要請を遵守し、(ii)本利用規約を執行し、(iii)本コンテンツもしくは利用者コンテンツが第三者の権利を侵害しているとの請求に対応し、または(iv)RiseSmart、そのユーザーおよび公共の権利、財産もしくは個人の安全を保護するために、法律に基づき保全もしくは開示することがRiseSmartに義務付けられるか、信義に則し、かかる保全もしくは開示が合理的に必要であるとRiseSmartが確信する場合、RiseSmartが本コンテンツおよび利用者コンテンツを保全するか、また本コンテンツおよび利用者コンテンツを開示することができること。また利用者は、理由の如何を問わず(本コンテンツもしくは利用者コンテンツについて第三者もしくは行政機関から請求もしくは申立てを受けた場合など)、または何らの理由が存在しない場合であっても、RiseSmartがいつでも当該本コンテンツまたは利用者コンテンツを削除またはその提供を中止できることに同意します。
4.支払
本サービスまたはその一部の提供に料金が必要となる場合(かつRiseSmartの企業クライアントが支払を行わない場合)、利用者は、支払方式を選択し、ご自身のクレジットカードまたはその他の支払手段に関する情報をRiseSmartに提供する義務を負います。利用者は、かかる情報が真実であること、また当該支払手段を利用する権限をご自身が有することをRiseSmartに表明し、保証します。ご自身のアカウント情報に何らかの変更(請求先住所またはクレジットカードの有効期限に関する変更など)が生じた場合、利用者はすみやかにアカウントを更新するものとします。利用者は、支払方式および本利用規約の規定に従い、当該支払方法に定める金額をRiseSmartに支払うことに同意します。利用者は、本利用規約により、ご自身のアカウントが失効するまでの間、適用される支払方式の規定に従い利用者の支払手段に対して定期的に前払金の請求を行うことをRiseSmartに許可するとともに、関連の手数料を支払うことにも同意します。手数料の支払をご了承いただけない場合、RiseSmartからの請求があった日から60日以内にその旨をRiseSmartに通知する必要があります。RiseSmartは、RiseSmartの価格をいつでも変更する権利を留保します。RiseSmartが価格変更を行う場合は、当該変更が有効となる30日以上前に、(RiseSmartの選択するところにより)本サイトまたは利用者宛のメールにて変更を通知します。価格変更後に引き続き本サービスを利用した場合、当該変更後の金額について同意したものとみなされます。利用者が企業クライアントエンゲージメントに基づき本サービスを利用するものである場合、RiseSmartから利用者に提供することを当該企業クライアントが許可した特定の本サービスパッケージに要する費用を当該企業クライアントに対して請求します。
5. 表明および保証
利用者は、利用に際して次のとおり同意します。いずれかの法域の地域、州および連邦の法令および制定法(米国の輸出法令、差別禁止法または雇用機会均等法など)に違反しないこと。第三者の知的財産権およびプライバシー権(特許、著作権、商標または営業秘密など)を侵害しないこと。違法な、侮辱的、中傷的、詐欺的、不正な、誤解を招く、有害な、脅迫的、嫌がらせの、わいせつな、または不快な資料をアップロード、掲載、送信または保存しないこと。ご自身に課せられた契約上の義務または秘密保持義務に違反しないこと。ウィルス、ワーム、スクリプト、マクロもしくはあらゆる種類の有害コードを掲載もしくは送信する、資料を何度も繰り返し掲載する、または異常に大量のもしくはRiseSmartが認めていないデータ(許可されていない広告資料、未承諾の宣伝資料、「ジャンクメール」、「スパムメール」、「チェーンメール」、ネズミ講、フランチャイズ、販売権、クラブメンバーシップ、販売契約もしくは認められていないその他の資料など)を掲載するといった方法で、本サービスの通常の運営を阻害または妨害しないこと。本サービスを悪用して他人のプライバシー権または個人権を侵害(他人に対する嫌がらせもしくは「ストーキング」、未承諾メールの送信および他人の個人情報収集など)しないこと。本サービスのセキュリティ対策に違反したり、違反を試みたりしないこと。RiseSmartから書面による事前の承諾を得ることなく、本サービスをモニタリング、回復、検索またはアクセスするデバイス、プロセスまたは仕組み(スパイダーもしくはロボットなど)を利用しないこと。本サービスに記載されている第三者のアカウントにアクセスもしくはログインしたり、アクセスを試みたりしないこと。ご自身の履歴書、経歴データまたは職歴情報などに関して不正確、虚偽または不完全な情報を掲載したり、送信したりしないこと。個人または団体への成りすましを行わないこと。電子的な投稿メッセージまたはメールのヘッダー情報を偽造しないこと。利用者自身、利用者と第三者との関係性または所属団体を偽らないこと。
6. 失効
利用者は、本サイトに定める手続または利用者に別途交付する手続(いずれか該当する方)に従い、いつでもご自身のアカウントを失効させる権利を有するものとします。利用者が企業クライアントエンゲージメントに基づき本サービスを利用するものである場合、当該サービスへの利用者のアクセス権は、当該企業クライアントエンゲージメントが満了または解除となった時点で失効することを承諾します。RiseSmartは、利用者が本利用規約に違反したとRiseSmartが確信する場合を含め、理由の如何を問わず、(i)本サービス(またはその一部)を一次的または永続的に変更もしくは提供中止する権利、ならびに(ii)現在および将来における本サービスの利用をすべて拒否し、利用者のアカウント(またはその一部)または本サービスの利用を停止もしくは失効させ、本サービス内の利用者コンテンツを削除および破棄する権利を留保します。RiseSmartは、本サービスの変更、停止または提供中止に関して、利用者または第三者のいずれに対しても一切責任を負いません。RiseSmartは、信義に則し、利用者のアカウントを停止または失効させる前に利用者に連絡して警告すべく努めるものとします。本サービス内のすべての利用者コンテンツ(ある場合)は、利用者アカウントが失効した際、RiseSmartの単独の裁量により永続的に削除できるものとします。RiseSmartが何らの理由に基づかず利用者のアカウントを失効させ、かつ、利用者が料金負担を伴うサービス(企業クライアントエンゲージメントは除く)に登録していた場合、RiseSmartは、当該本サービスに対して利用者がRiseSmartに支払った金額のうち、未使用の部分を日割計算して返金するものとします。ただし、支払に関して生じたすべての権利および第4条から第12条の規定は、本利用規約の解除後も存続するものとします。
7. 免責事項
本サイト、本コンテンツ(求人、キャリア開発リード、推薦および分析など)ならびにすべてのサーバーおよびネットワークコンポーネントを含む本サービスは、何らの保証なく「現状有姿」かつ「提供可能な限度」で提供されるものであり、RiseSmartは、明示または黙示を問わず、あらゆる保証責任(商品性、権原、特定目的適合性および非侵害性に関する黙示の保証など)を明示的に免じられます。利用者は、本サービスに中断がなく、適時かつ安全で、エラーもしくはウィルスがないことをRiseSmartが保証するものではないこと、および利用者がRiseSmartからまたは本サービスを通じて取得した情報、アドバイスまたはサービスは、本利用規約に明示されていない保証責任を創出するものではないことを承諾します。求職者またはキャリア開発希望者に関しては、上記規定の一般性を制限することなく、次に定めるとおりとします。(a)利用者は、RiseSmartが利用者のアカウントに掲載する求人が何らの審査を経ることなく第三者から提供されたものであることについて承諾し、同意します。(b)RiseSmartは、求人もしくはその他の情報が正確かつ適法であること、利用者が本サービスを利用することにより確実に職もしくはキャリア開発を得られること、または、本サービスを利用することにより利用者が発見した職もしくはキャリア開発が利用者のニーズに適合し、もしくは利用者にとって適切であることを保証するものではありません。RiseSmartは、いかなる状況においても、第三者(ユーザーを含む)のコンテンツまたは資料(コンテンツ内のエラーもしくは脱漏、または当該コンテンツを利用した結果として生じるあらゆる種類の損失もしくは損害など)に関して何らの責任を負いません。利用者は、RiseSmartがコンテンツに対する事前検査を行わないこと、また、そうであるとしても、RiseSmartおよびその被指名人は自らの単独の裁量で本サービスを介して提供されるコンテンツを拒否または削除できる権利を有すること(ただし、義務ではない)について承諾します。利用者は、コンテンツを評価し、その利用(当該コンテンツの正確性、完全性または有用性に対する信頼を含む)に関するすべてのリスクを負担する義務を負うことに同意します。
8.責任の限定
8.1 いかなる場合においても、またいかなる法理に基づいても(契約、不法行為またはその他のいずれに基づく場合を問わない)、RiseSmartは、利用者または第三者に対して(a)間接的、付随的、特別、戒めの、派生的もしくは懲罰的な損害(逸失利益、販売機会の喪失、事業機会の喪失、データ喪失、事業中断を含む)、または(b)利用者が請求を申し立てる原因となった事由の発生前6か月間に利用者が実際に支払った料金(料金が発生していない場合は100米ドル)を超える直接損害、費用負担、損害もしくは責任に関する責任を負わないものとします。本条の規定は、本利用規約に基づくリスクを両当事者間で分配するものであり、両当事者は、本利用規約を締結するかどうかを判断するにあたり、かかる限定に依拠しています。
8.2 一部の州では、黙示的保証の免除もしくは排除、または付随的もしくは派生的損害に関する責任の限定が認められていません。そのため、第7条(免責事項)および第8条(責任の限定)に定める上記の限定の一部は、利用者に対して適用または執行されない場合があります。かかる州におけるRiseSmartの責任は、法律により許容される最大範囲で限定されるものとします。ニュージャージ州のユーザーについては、第7条(免責事項)および第8条(責任の限定)は、ニュージャージ州法に基づき許容される範囲と同様の範囲に限り適用されます。これらの条項のいずれかの部分がニュージャージ州法に基づき無効と判断された場合であっても、当該部分の無効性は、当該条項の残りの有効性には何ら影響しないものとします。
9. 補償
利用者は、ご自身による本利用規約違反、利用者コンテンツまたは本サービスに対するその他のアクセス、寄与、利用もしくは不正利用に起因または関連する請求、訴訟または要求(相当の弁護士費用および会計処理手数料を含む)からRiseSmartを防御し、補償し、損害を被らせないようにするものとします。かかる請求、訴訟または要求が申し立てられた場合、RiseSmartは利用者にその旨を通知するものとします。RiseSmartは、本条に基づく補償の適用を受ける問題について、単独で防御および管理を行う権利を留保します。この場合、利用者は、RiseSmartによる当該問題の防御に対する合理的な支援要請に協力することに同意します。上記規定にかかわらず、利用者は、RiseSmartに対する請求、訴訟または要求がRiseSmartの作為または不作為の結果として申し立てられたものである場合、RiseSmartを補償し、防御し、損害を被らせないようにする責任を負わないものとします。
10. 譲渡
利用者は、RiseSmartから書面による事前の同意を得ることなく本利用規約を譲渡してはなりません。ただし、RiseSmartは、何らの制限を受けることなく本利用規約の全部または一部を譲渡または移転できるものとします。
11. 準拠法
本利用規約は、カリフォルニア州の抵触法規定にかかわらず、同州の法律に準拠するものとします。RiseSmartが特定の事件において特段の選択をした場合を除き、利用者は本利用規約により、利用者による本サービスへのアクセスまたは利用に関する紛争を解決する目的においては、カリフォルニア州の連邦および州裁判所の専属対人管轄に服することにつき明示的に同意します。
12. DMCA
1998年デジタルミレニアム著作権法(「DMCA」)とは、米国の著作権法に基づく自らの権利がインターネット上に表示された素材によって侵害されていると確信する著作権者の償還請求権を規定するものです。RiseSmartは、侵害が疑われるとの通知に対してすみやかに対処および調査を行うとともに、侵害の疑いまたは現実の侵害に関して、DMCAおよび適用されるその他の知的財産権法に基づき適切な処置を講じるものとします。著作権侵害が疑われることの通知は、(件名を「DMCAに基づく削除リクエスト」としたうえで)RiseSmartの著作権エージェント(user.support@risesmart.com)宛てにメールしてください。または、下記に郵送してRiseSmartに連絡することもできます。
Attention:Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
注記: 有効な通知は、書面により、次に掲げる情報を記載して行う必要があります。
- 当該著作権または知的財産に関するその他の権益の権利者を代表して行為をなすための権限を付与された者の電子的または物理的署名。
- ご自身が侵害を受けていると主張する著作物またはその他知的財産に関する説明。
- ご自身が侵害性を主張する素材が本サイト上のいずれの場所に表示されているのかに関する説明(RiseSmartが本サイト上で発見できる程度に十分詳細であること)。
- ご自身の住所、電話番号およびメールアドレス。
- 侵害性が疑われる利用に対しては当該著作権または知的財産の権利者、そのエージェントまたは法律による許可が付されていないことを信義に則して確信している旨のご自身の申述書。
- ご自身の通知に記載された上記情報が正確である旨、また、ご自身が当該著作権または知的財産の権利者であるか、当該著作権または知的財産の権利者を代表して行為をなす権限を付された者である旨のご自身の申述書(虚偽である場合は偽証罪に問われることを条件として申述すること)。
13. 1.Apple用ソフトウェアアプリケーション
RiseSmartは、プラットフォームの中でも、特にApple Inc.(「Apple」)が市販品として提供する製品に関連して操作することが意図された本ソフトウェアアプリケーションを提供しています。Appleブランドの製品に関連して利用するために提供する本ソフトウェア(かかるソフトウェアを「Apple用ソフトウェア」という)に対しては、本利用規約に定めるその他の条件に併せて次の条件が適用されます。
- RiseSmartおよび利用者は、本利用規約がRiseSmartと利用者との間でのみ締結されるものであり、Appleを当事者としないこと、また、RiseSmartとAppleとの間では、Apple用ソフトウェアおよびそのコンテンツに関する責任をAppleではなくRiseSmartが単独で負うものであることを承諾します。
- 利用者は、Apple用ソフトウェアに関して定められた利用規則に違反し、もしくは適合せず、またはアプリストア利用規約の定めに矛盾するその他の方法でApple用ソフトウェアを利用してはなりません。
- Apple用ソフトウェアを利用するための利用者のライセンスは、アプリストア利用規約で定める利用規則が認めるところにより、ご自身が所有または管理するiOS製品上でApple用ソフトウェアを利用するための移転不可ライセンスに限定されます。
- Appleは、Apple用ソフトウェアに関する保守またはサポートサービスを提供する義務を一切負いません。
- Appleは法律による明示または黙示の製品保証を行う責任を負いません。Apple用ソフトウェアが適用される保証条件を満たしていない場合、利用者からAppleにその旨を通知でき、Apple用ソフトウェアの購入価格(ある場合)がAppleから利用者に返金されます。Appleは、適用法により許容される最大範囲で、当該Apple用ソフトウェアに関して、または保証条件を満たしていないことに起因するその他の請求、損失、責任、損害、費用もしくは経費に関してその他の保証義務を一切負わないものとし、これらについては、適用法に基づき免除されない範囲でRiseSmartが単独で責任を負うものとします。
- RiseSmartおよび利用者は、Apple用ソフトウェアまたは当該Apple用ソフトウェアの保有および/もしくは利用に関して利用者または第三者から請求が申し立てられた場合((i)製造物責任に基づく請求、(ii)Apple用ソフトウェアが適用される法令もしくは要件を満たしていないことに関する請求、および(iii)消費者保護法もしくは同様の法律に基づく請求など)、これらに対応する責任は、AppleではなくRiseSmartが負うものであることを承諾します。
- Apple用ソフトウェアまたはエンドユーザーによる当該Apple用ソフトウェアの保有および利用が第三者の知的財産権を侵害しているとの請求が当該第三者から申し立てられた場合、RiseSmartとAppleとの間では、AppleではなくRiseSmartが当該知的財産侵害請求に関する調査、防御、和解および義務履行に関する責任を単独で負うものとします。
- 利用者は、(i)ご自身が米国政府の禁輸措置対象国、または米国政府の「テロ支援」国家指定国に所在していないこと、および(ii)ご自身が米国政府の禁止もしくは制限対象当事者リストに記載されていないことを表明し、保証します。
- Apple用ソフトウェアに関する疑問、苦情または請求は、下記宛てにRiseSmartに対して申し立ててください。
RiseSmartおよび利用者は、AppleおよびAppleの子会社がApple用ソフトウェアに関して本利用規約の第三受益者であること、また、利用者が本利用規約の利用条件を承諾した時点で、AppleがApple用ソフトウェアの第三受益者として当該Apple用ソフトウェアに関して本利用規約を利用者に執行する権利を有するものであること(また、当該権利に関して承諾を得たとみなされること)について、承諾し同意します。
14.他のサイトへのリンク
本サービスには外部ウェブサイトへのリンクが含まれている場合があります。これらのリンクは利用者の便宜を図る目的においてのみ提供されるものであり、当該外部ウェブサイトのコンテンツをRiseSmartが推奨するものではありません。RiseSmartは、リンク先外部サイトのコンテンツに関して責任を負わず、また、当該外部ウェブサイト上の資料の内容または正確性について何らの表明も行いません。リンク先外部ウェブサイトへのアクセスは、ご自身のリスクで行ってください。
15.モバイルデバイス
モバイルデバイスから本サービスを利用する場合、利用者によるモバイルデバイスを介した本サービスの利用および通信事業者に関する情報(ご利用の携帯通信事業者、ご自身のモバイルデバイスまたは利用者の位置情報など)がRiseSmartに通知されることに同意します。また、モバイルデバイスから本サービスを利用する場合、ご自身のモバイルデバイスにデータが表示されることがあります。利用者は、モバイルデバイスから本サービスにアクセスすることにより、ご自身のRiseSmartデータをご自身のモバイルデバイスにインポートする範囲で、ご利用の携帯通信事業者またはアクセスプロバイダーに当該移転データを共有する権限を有することを表明することになります。ご自身のモバイルデバイス/アカウントを変更または無効化する場合、利用者は、ご自身のアカウント(および該当する場合は関連のメッセージ)が他人からアクセスされない(または他人に送信されない)ように確保する必要があり、これを怠る場合の責任は、利用者が負います。利用者は、ご自身のモバイルデバイスおよびプロバイダーを通じて本サービスにアクセスする場合、これらに要する料金および必要な許可については、すべてご自身が責任を負うことを承諾します。故に利用者は、ご自身のプロバイダーに対し、ご自身の特定のモバイルデバイスに関するこれらのサービスについての規定を確認する必要があります。本サービスを利用できるようにするダウンロード形式のアプリケーションを利用することにより、利用者は、ダウンロードまたはインストールの際に提供される当該アプリケーションのエンドユーザーライセンス契約の規定(または随時更新される当該規定)を明示的に承諾したものとみなされます。
発効日:2019年1月18日
Effective May 31st 2019 to July 15th 2019
DownloadTable of Contents
利用条件
1.条件の承諾
1.1 RiseSmart, Inc.およびその関連会社(「RiseSmart」と総称)は、RiseSmartが管理するウェブサイト(http://www.RiseSmart.comなど)(「本サイト」と総称)を通じ、この利用規約(「本利用規約」)に従って本サービス(下記で定義)を利用者に提供します。本利用規約を承諾し、または本サービスおよび本サイトにアクセスすることにより、利用者は本利用規約を読み理解したうえで法的に拘束されることを承諾したことになります。本利用規約に同意していただけない場合は、本利用規約を承諾しないでください。その場合、本サービスはご利用いただけません。
1.2 RiseSmartは随時、予告なく本利用規約を変更できるものとします。改訂後の利用条件は、掲載された時点から有効となります。利用者が掲載日以降に本サービスを利用した場合、改訂後の利用条件を承諾したことになります。本利用規約の変更を承諾していただけない場合に利用者が取りうる対策は、本サービスへのアクセスおよび利用の中止に限られます。
2.サービスの説明
本サービスには、(a)本サイト、(b)RiseSmartの再配置サービスおよびキャリア管理サービス、その他の関連サービス(ファイル管理サービスおよび分析サービスを含む)、ならびに関連の技術およびアプリケーション(モバイルインターフェイスを通じてアクセスするアプリケーションおよびサービス、またはこれらへのアクセスを可能とするその他のインターフェイスを通じてアクセスするアプリケーションおよびサービスなど)、また(c)すべてのソフトウェア(下記に定義する本ソフトウェアを含む)、資料、ポータル、推薦、求人、データ、レポート、テキスト、画像、音声、動画、分析およびこれらのいずれかを通じて提供されるその他のコンテンツ(「本コンテンツ」と総称)が含まれます。本サービスに関して新たな機能が追加または拡張された場合にも、本利用規約が適用されます。
3.一般条件/サービスへのアクセスおよび利用
3.1利用者は、適法な目的においてのみ、また本利用規約の利用条件に従うことを条件として、本サービスにアクセスし利用することができます。本サービスおよびその構成要素に関するあらゆる権利、権原および権益は、引き続きRiseSmartに帰属し、RiseSmartが単独でその権利を有するものとします。利用者は、自ら次に掲げる行為をなし、または第三者に行わせてはならないものとします。(a)本サービスをコピー、複製、変更、削除、配布、ダウンロード、保存、送信、公開、二次的著作物の作成、リバースエンジニアリング、逆アセンブル、もしくは(直接もしくは間接を問わず)その他の方法によるソースコード抽出の試み、販売、サブライセンス、再販売、貸与、リース、移転、譲渡もしくはタイムシェアを行い、またはその他の方法で本サービスを商用利用し、もしくは第三者に提供すること。(b)違法な方法(データ、プライバシーもしくは輸出管理に関する法律の違反を含む)により、または本サービスもしくはその構成要素の完全性もしくは性能を妨害もしくは阻害する方法により本サービスを利用すること。(c)本サービスを変更、翻案もしくはハッキングすること、またはその他の方法で本サービスもしくは関連のシステムもしくはネットワークへの不正アクセスを試みること。または、(d)他のウェブサイトもしくはメディア(ネットワーク環境など)で本コンテンツを利用すること。利用者は、RiseSmartが利用者に提供するか本サービスに関して公開する行動規範、ポリシーまたはその他の通知を遵守するものとします。また利用者は、本サービスに関するセキュリティ違反に気付いた場合、すみやかにRiseSmartに通知するものとします。上記に加え、特定のサービスを利用する場合、利用者は、当該サービスに対して併せて適用される規定(本サービス上に随時掲載され、RiseSmartの個人情報保護方針を含む)に従うものとします。
3.2本サービスに関連してRiseSmartが提供するソフトウェア(「本ソフトウェア」)には、適用される知的財産法またはその他法律により保護される専有情報および秘密情報が含まれます。RiseSmartは、本利用規約に定める利用条件の遵守を条件として、本利用規約により、本ソフトウェアのオブジェクトコードを利用(ただし、専ら本サービスに関連して、かつ1台のデバイス上で利用する場合に限る)する個人的、譲渡不可かつサブライセンス不可の非独占的権利およびライセンスを利用者に付与します。利用者は、本サービスへのアクセス時に利用することを目的としてRiseSmartが提供するインターフェイス以外の手段を通じて本サービスにアクセスしないことに同意します。本利用規約で明示的に付与されていない権利は、留保されます。また本サービスに関して、RiseSmartまたは第三者の商標を利用するライセンスまたは権利が利用者に付与されることはありません。
3.3本サービスに関連して利用者がアップロード、掲載、交付、提供またはその他の方法で送信もしくは保存(以下「送信」)するあらゆるデータ、情報、フィードバック、提案、テキスト、コンテンツおよびその他の資料(「利用者コンテンツ」)については、利用者が単独でその責任を負います。利用者は、ご自身が本サービスに関して送信した利用者コンテンツが(a)(利用者が求職またはキャリア開発のために本サービスを利用する場合は、ご自身の履歴書、経歴データおよび職歴情報などが)正確、真実、適法、適切、誠実かつ完全であること、ならびに(b)バグ、ワームまたはウィルスが含まれていないことを本利用規約により表明し、保証します。利用者が上記の規定に違反しているとRiseSmartが判断した場合、または本利用規約に規定されている場合、利用者は、RiseSmartが本サービスから利用者コンテンツを削除できることについて同意します。利用者は、ご自身のログイン、パスワードおよびアカウントに関する秘密性、ならびにログイン中またはアカウント上で生じるすべての活動に関する秘密性を維持する責任を負います。RiseSmartは、利用者の技術サポートリクエストに対応するために利用者のアカウントにアクセスする権利を留保します。利用者は、利用者コンテンツを本サービス上でまたは本サービスを通じて送信することにより、本サービスに関して利用者コンテンツを利用、変更、複製、配布、展示、公開および実演する全世界対象、非独占的、永続、取消不可、使用料無料、全額支払済み、サブライセンス可能かつ移転可能なライセンスを本利用規約によりRiseSmartに付与します。RiseSmartは、本サービス、本コンテンツまたは利用者コンテンツを検査またはモニタリングする権利を有するものとします。ただし、これらを行う義務を負うものではありません。また利用者は、理由の如何を問わず(本コンテンツについて第三者もしくは行政機関から請求もしくは申立てを受けた場合など)、または何らの理由が存在しない場合であっても、RiseSmartがいつでも当該本コンテンツを削除またはその提供を中止できることに同意します。
3.4 利用者は、本サービス(利用者コンテンツを含む)が暗号化されずに運営される場合があること、また、かかる運営の内容として、(a)さまざまなネットワーク上での送信、(b)ネットワークもしくはデバイスに接続するための技術的要件を確認し、これらに適応させるための変更、(c)本サービスの運営維持に必要なハードウェア、ソフトウェア、ネットワーク、ストレージおよび必要な関連技術を提供することを目的として行うRiseSmartのサードパーティベンダーおよびホスティングパートナーへの送信、ならびに(d)利用者に対する本サービス提供に関するその他の第三者への送信が行われる場合があることについて了承します。よって利用者は、利用者コンテンツのセキュリティ、保護およびバックアップをご自身で適切に行う責任を単独で負うことについて承諾します。RiseSmartは、利用者コンテンツの不正アクセスもしくは不正利用、または利用者コンテンツの破損、削除、破壊もしくは消失について利用者に対する責任を一切負わないものとします。
3.5 求職者またはキャリア開発希望者に関しては、上記に加え、本サービスを通じて提供を受けまたは取得した求人機会およびその他の情報を管理するにあたり、ご自身の意見、注意力および判断力を用いること、ならびに、本サービスを通じて提供を受けた本コンテンツ(求人またはキャリアアドバイスもしくは推薦を含む)を信頼または利用する際のリスクについては、利用者が単独で負担することに同意します。
3.6 RiseSmartが本利用規約に定めるいずれかの権利または規定を行使または執行しない場合であっても、当該権利の放棄には該当しないものとします。利用者は、本利用規約が電子形式であり利用者およびRiseSmartの署名が物理的に付されていないことにかかわらず、本利用規約が利用者とRiseSmartとの間における契約であること、ならびに、本利用規約は本サービスを利用する際に適用されるものであり、利用者とRiseSmartとの間で従前に交わされた類似の契約に置き換わることについて承諾する。
3.7 利用者は、次に定める場合にRiseSmartの企業クライアントがRiseSmartを活用することがあることについて承諾します。(a)当該企業クライアントの現在および/もしくは以前の従業員のうち、当該企業クライアントに雇用されており、もしくは解雇される予定の者による本サービスを通じた職探しを支援させる場合(「再配置支援」)、または(b)当該企業クライアントの現在の従業員による本サービスを通じたキャリア開発を支援させる場合(「キャリア開発支援」)((a)および(c)を「企業クライアントエンゲージメント」と総称)。利用者が企業クライアントエンゲージメントに基づく再配置支援を受けることを目的として本サービスを利用するものである場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況、利用者による本サービスの利用範囲、求職に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報を、いずれも個別的または集合的な形式で当該企業クライアントに提供することがあります。利用者が企業クライアントエンゲージメントに基づくキャリア開発支援を受けることを目的として本サービスを利用するものである場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況、利用者による本サービスの利用範囲、求職もしくはキャリア開発に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報を、いずれも集合的な形式で当該企業クライアントに提供することがあります。企業クライアントエンゲージメントに関して利用者および企業クライアントから提供を受けた情報をRiseSmartが収集、利用および共有する場合の詳細については、RiseSmartの個人情報保護方針をご覧ください。
3.8 利用者が企業クライアントエンゲージメントに基づき本サービスを利用するものである場合、いかなる場合にも、ご自身に提供される本サービスが、ご自身に対する本サービスへのアクセス権付与を基礎付ける当該企業クライアントエンゲージメントの範囲、期間またはその他の制限を超えないことを承諾します。
3.9 利用者は、次に定める事項について同意します。RiseSmartが(a)本サービスの利用に関する一般的な慣行および制限(本サービスにより本コンテンツまたは利用者コンテンツが保有される最長期間に関する制限、および利用者のために割り当てられる最小のストレージスペースなど)を設けることができること。(b)本サービスを通じて維持またはアップロードされた本コンテンツまたは利用者コンテンツが削除され、または保存されなかった場合であっても、RiseSmartが一切の責任を負わないこと。ならびに、(c)RiseSmartが(i)法的手続、適用法もしくは政府要請を遵守し、(ii)本利用規約を執行し、(iii)本コンテンツもしくは利用者コンテンツが第三者の権利を侵害しているとの請求に対応し、または(iv)RiseSmart、そのユーザーおよび公共の権利、財産もしくは個人の安全を保護するために、法律に基づき保全もしくは開示することがRiseSmartに義務付けられるか、信義に則し、かかる保全もしくは開示が合理的に必要であるとRiseSmartが確信する場合、RiseSmartが本コンテンツおよび利用者コンテンツを保全するか、また本コンテンツおよび利用者コンテンツを開示することができること。また利用者は、理由の如何を問わず(本コンテンツもしくは利用者コンテンツについて第三者もしくは行政機関から請求もしくは申立てを受けた場合など)、または何らの理由が存在しない場合であっても、RiseSmartがいつでも当該本コンテンツまたは利用者コンテンツを削除またはその提供を中止できることに同意します。
4.支払
本サービスまたはその一部の提供に料金が必要となる場合(かつRiseSmartの企業クライアントが支払を行わない場合)、利用者は、支払方式を選択し、ご自身のクレジットカードまたはその他の支払手段に関する情報をRiseSmartに提供する義務を負います。利用者は、かかる情報が真実であること、また当該支払手段を利用する権限をご自身が有することをRiseSmartに表明し、保証します。ご自身のアカウント情報に何らかの変更(請求先住所またはクレジットカードの有効期限に関する変更など)が生じた場合、利用者はすみやかにアカウントを更新するものとします。利用者は、支払方式および本利用規約の規定に従い、当該支払方法に定める金額をRiseSmartに支払うことに同意します。利用者は、本利用規約により、ご自身のアカウントが失効するまでの間、適用される支払方式の規定に従い利用者の支払手段に対して定期的に前払金の請求を行うことをRiseSmartに許可するとともに、関連の手数料を支払うことにも同意します。手数料の支払をご了承いただけない場合、RiseSmartからの請求があった日から60日以内にその旨をRiseSmartに通知する必要があります。RiseSmartは、RiseSmartの価格をいつでも変更する権利を留保します。RiseSmartが価格変更を行う場合は、当該変更が有効となる30日以上前に、(RiseSmartの選択するところにより)本サイトまたは利用者宛のメールにて変更を通知します。価格変更後に引き続き本サービスを利用した場合、当該変更後の金額について同意したものとみなされます。利用者が企業クライアントエンゲージメントに基づき本サービスを利用するものである場合、RiseSmartから利用者に提供することを当該企業クライアントが許可した特定の本サービスパッケージに要する費用を当該企業クライアントに対して請求します。
5. 表明および保証
利用者は、利用に際して次のとおり同意します。いずれかの法域の地域、州および連邦の法令および制定法(米国の輸出法令、差別禁止法または雇用機会均等法など)に違反しないこと。第三者の知的財産権およびプライバシー権(特許、著作権、商標または営業秘密など)を侵害しないこと。違法な、侮辱的、中傷的、詐欺的、不正な、誤解を招く、有害な、脅迫的、嫌がらせの、わいせつな、または不快な資料をアップロード、掲載、送信または保存しないこと。ご自身に課せられた契約上の義務または秘密保持義務に違反しないこと。ウィルス、ワーム、スクリプト、マクロもしくはあらゆる種類の有害コードを掲載もしくは送信する、資料を何度も繰り返し掲載する、または異常に大量のもしくはRiseSmartが認めていないデータ(許可されていない広告資料、未承諾の宣伝資料、「ジャンクメール」、「スパムメール」、「チェーンメール」、ネズミ講、フランチャイズ、販売権、クラブメンバーシップ、販売契約もしくは認められていないその他の資料など)を掲載するといった方法で、本サービスの通常の運営を阻害または妨害しないこと。本サービスを悪用して他人のプライバシー権または個人権を侵害(他人に対する嫌がらせもしくは「ストーキング」、未承諾メールの送信および他人の個人情報収集など)しないこと。本サービスのセキュリティ対策に違反したり、違反を試みたりしないこと。RiseSmartから書面による事前の承諾を得ることなく、本サービスをモニタリング、回復、検索またはアクセスするデバイス、プロセスまたは仕組み(スパイダーもしくはロボットなど)を利用しないこと。本サービスに記載されている第三者のアカウントにアクセスもしくはログインしたり、アクセスを試みたりしないこと。ご自身の履歴書、経歴データまたは職歴情報などに関して不正確、虚偽または不完全な情報を掲載したり、送信したりしないこと。個人または団体への成りすましを行わないこと。電子的な投稿メッセージまたはメールのヘッダー情報を偽造しないこと。利用者自身、利用者と第三者との関係性または所属団体を偽らないこと。
6. 失効
利用者は、本サイトに定める手続または利用者に別途交付する手続(いずれか該当する方)に従い、いつでもご自身のアカウントを失効させる権利を有するものとします。利用者が企業クライアントエンゲージメントに基づき本サービスを利用するものである場合、当該サービスへの利用者のアクセス権は、当該企業クライアントエンゲージメントが満了または解除となった時点で失効することを承諾します。RiseSmartは、利用者が本利用規約に違反したとRiseSmartが確信する場合を含め、理由の如何を問わず、(i)本サービス(またはその一部)を一次的または永続的に変更もしくは提供中止する権利、ならびに(ii)現在および将来における本サービスの利用をすべて拒否し、利用者のアカウント(またはその一部)または本サービスの利用を停止もしくは失効させ、本サービス内の利用者コンテンツを削除および破棄する権利を留保します。RiseSmartは、本サービスの変更、停止または提供中止に関して、利用者または第三者のいずれに対しても一切責任を負いません。RiseSmartは、信義に則し、利用者のアカウントを停止または失効させる前に利用者に連絡して警告すべく努めるものとします。本サービス内のすべての利用者コンテンツ(ある場合)は、利用者アカウントが失効した際、RiseSmartの単独の裁量により永続的に削除できるものとします。RiseSmartが何らの理由に基づかず利用者のアカウントを失効させ、かつ、利用者が料金負担を伴うサービス(企業クライアントエンゲージメントは除く)に登録していた場合、RiseSmartは、当該本サービスに対して利用者がRiseSmartに支払った金額のうち、未使用の部分を日割計算して返金するものとします。ただし、支払に関して生じたすべての権利および第4条から第12条の規定は、本利用規約の解除後も存続するものとします。
7. 免責事項
本サイト、本コンテンツ(求人、キャリア開発リード、推薦および分析など)ならびにすべてのサーバーおよびネットワークコンポーネントを含む本サービスは、何らの保証なく「現状有姿」かつ「提供可能な限度」で提供されるものであり、RiseSmartは、明示または黙示を問わず、あらゆる保証責任(商品性、権原、特定目的適合性および非侵害性に関する黙示の保証など)を明示的に免じられます。利用者は、本サービスに中断がなく、適時かつ安全で、エラーもしくはウィルスがないことをRiseSmartが保証するものではないこと、および利用者がRiseSmartからまたは本サービスを通じて取得した情報、アドバイスまたはサービスは、本利用規約に明示されていない保証責任を創出するものではないことを承諾します。求職者またはキャリア開発希望者に関しては、上記規定の一般性を制限することなく、次に定めるとおりとします。(a)利用者は、RiseSmartが利用者のアカウントに掲載する求人が何らの審査を経ることなく第三者から提供されたものであることについて承諾し、同意します。(b)RiseSmartは、求人もしくはその他の情報が正確かつ適法であること、利用者が本サービスを利用することにより確実に職もしくはキャリア開発を得られること、または、本サービスを利用することにより利用者が発見した職もしくはキャリア開発が利用者のニーズに適合し、もしくは利用者にとって適切であることを保証するものではありません。RiseSmartは、いかなる状況においても、第三者(ユーザーを含む)のコンテンツまたは資料(コンテンツ内のエラーもしくは脱漏、または当該コンテンツを利用した結果として生じるあらゆる種類の損失もしくは損害など)に関して何らの責任を負いません。利用者は、RiseSmartがコンテンツに対する事前検査を行わないこと、また、そうであるとしても、RiseSmartおよびその被指名人は自らの単独の裁量で本サービスを介して提供されるコンテンツを拒否または削除できる権利を有すること(ただし、義務ではない)について承諾します。利用者は、コンテンツを評価し、その利用(当該コンテンツの正確性、完全性または有用性に対する信頼を含む)に関するすべてのリスクを負担する義務を負うことに同意します。
8.責任の限定
8.1 いかなる場合においても、またいかなる法理に基づいても(契約、不法行為またはその他のいずれに基づく場合を問わない)、RiseSmartは、利用者または第三者に対して(a)間接的、付随的、特別、戒めの、派生的もしくは懲罰的な損害(逸失利益、販売機会の喪失、事業機会の喪失、データ喪失、事業中断を含む)、または(b)利用者が請求を申し立てる原因となった事由の発生前6か月間に利用者が実際に支払った料金(料金が発生していない場合は100米ドル)を超える直接損害、費用負担、損害もしくは責任に関する責任を負わないものとします。本条の規定は、本利用規約に基づくリスクを両当事者間で分配するものであり、両当事者は、本利用規約を締結するかどうかを判断するにあたり、かかる限定に依拠しています。
8.2 一部の州では、黙示的保証の免除もしくは排除、または付随的もしくは派生的損害に関する責任の限定が認められていません。そのため、第7条(免責事項)および第8条(責任の限定)に定める上記の限定の一部は、利用者に対して適用または執行されない場合があります。かかる州におけるRiseSmartの責任は、法律により許容される最大範囲で限定されるものとします。ニュージャージ州のユーザーについては、第7条(免責事項)および第8条(責任の限定)は、ニュージャージ州法に基づき許容される範囲と同様の範囲に限り適用されます。これらの条項のいずれかの部分がニュージャージ州法に基づき無効と判断された場合であっても、当該部分の無効性は、当該条項の残りの有効性には何ら影響しないものとします。
9. 補償
利用者は、ご自身による本利用規約違反、利用者コンテンツまたは本サービスに対するその他のアクセス、寄与、利用もしくは不正利用に起因または関連する請求、訴訟または要求(相当の弁護士費用および会計処理手数料を含む)からRiseSmartを防御し、補償し、損害を被らせないようにするものとします。かかる請求、訴訟または要求が申し立てられた場合、RiseSmartは利用者にその旨を通知するものとします。RiseSmartは、本条に基づく補償の適用を受ける問題について、単独で防御および管理を行う権利を留保します。この場合、利用者は、RiseSmartによる当該問題の防御に対する合理的な支援要請に協力することに同意します。上記規定にかかわらず、利用者は、RiseSmartに対する請求、訴訟または要求がRiseSmartの作為または不作為の結果として申し立てられたものである場合、RiseSmartを補償し、防御し、損害を被らせないようにする責任を負わないものとします。
10. 譲渡
利用者は、RiseSmartから書面による事前の同意を得ることなく本利用規約を譲渡してはなりません。ただし、RiseSmartは、何らの制限を受けることなく本利用規約の全部または一部を譲渡または移転できるものとします。
11. 準拠法
本利用規約は、カリフォルニア州の抵触法規定にかかわらず、同州の法律に準拠するものとします。RiseSmartが特定の事件において特段の選択をした場合を除き、利用者は本利用規約により、利用者による本サービスへのアクセスまたは利用に関する紛争を解決する目的においては、カリフォルニア州の連邦および州裁判所の専属対人管轄に服することにつき明示的に同意します。
12. DMCA
1998年デジタルミレニアム著作権法(「DMCA」)とは、米国の著作権法に基づく自らの権利がインターネット上に表示された素材によって侵害されていると確信する著作権者の償還請求権を規定するものです。RiseSmartは、侵害が疑われるとの通知に対してすみやかに対処および調査を行うとともに、侵害の疑いまたは現実の侵害に関して、DMCAおよび適用されるその他の知的財産権法に基づき適切な処置を講じるものとします。著作権侵害が疑われることの通知は、(件名を「DMCAに基づく削除リクエスト」としたうえで)RiseSmartの著作権エージェント(user.support@risesmart.com)宛てにメールしてください。または、下記に郵送してRiseSmartに連絡することもできます。
Attention:Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
注記: 有効な通知は、書面により、次に掲げる情報を記載して行う必要があります。
- 当該著作権または知的財産に関するその他の権益の権利者を代表して行為をなすための権限を付与された者の電子的または物理的署名。
- ご自身が侵害を受けていると主張する著作物またはその他知的財産に関する説明。
- ご自身が侵害性を主張する素材が本サイト上のいずれの場所に表示されているのかに関する説明(RiseSmartが本サイト上で発見できる程度に十分詳細であること)。
- ご自身の住所、電話番号およびメールアドレス。
- 侵害性が疑われる利用に対しては当該著作権または知的財産の権利者、そのエージェントまたは法律による許可が付されていないことを信義に則して確信している旨のご自身の申述書。
- ご自身の通知に記載された上記情報が正確である旨、また、ご自身が当該著作権または知的財産の権利者であるか、当該著作権または知的財産の権利者を代表して行為をなす権限を付された者である旨のご自身の申述書(虚偽である場合は偽証罪に問われることを条件として申述すること)。
13. 1.Apple用ソフトウェアアプリケーション
RiseSmartは、プラットフォームの中でも、特にApple Inc.(「Apple」)が市販品として提供する製品に関連して操作することが意図された本ソフトウェアアプリケーションを提供しています。Appleブランドの製品に関連して利用するために提供する本ソフトウェア(かかるソフトウェアを「Apple用ソフトウェア」という)に対しては、本利用規約に定めるその他の条件に併せて次の条件が適用されます。
- RiseSmartおよび利用者は、本利用規約がRiseSmartと利用者との間でのみ締結されるものであり、Appleを当事者としないこと、また、RiseSmartとAppleとの間では、Apple用ソフトウェアおよびそのコンテンツに関する責任をAppleではなくRiseSmartが単独で負うものであることを承諾します。
- 利用者は、Apple用ソフトウェアに関して定められた利用規則に違反し、もしくは適合せず、またはアプリストア利用規約の定めに矛盾するその他の方法でApple用ソフトウェアを利用してはなりません。
- Apple用ソフトウェアを利用するための利用者のライセンスは、アプリストア利用規約で定める利用規則が認めるところにより、ご自身が所有または管理するiOS製品上でApple用ソフトウェアを利用するための移転不可ライセンスに限定されます。
- Appleは、Apple用ソフトウェアに関する保守またはサポートサービスを提供する義務を一切負いません。
- Appleは法律による明示または黙示の製品保証を行う責任を負いません。Apple用ソフトウェアが適用される保証条件を満たしていない場合、利用者からAppleにその旨を通知でき、Apple用ソフトウェアの購入価格(ある場合)がAppleから利用者に返金されます。Appleは、適用法により許容される最大範囲で、当該Apple用ソフトウェアに関して、または保証条件を満たしていないことに起因するその他の請求、損失、責任、損害、費用もしくは経費に関してその他の保証義務を一切負わないものとし、これらについては、適用法に基づき免除されない範囲でRiseSmartが単独で責任を負うものとします。
- RiseSmartおよび利用者は、Apple用ソフトウェアまたは当該Apple用ソフトウェアの保有および/もしくは利用に関して利用者または第三者から請求が申し立てられた場合((i)製造物責任に基づく請求、(ii)Apple用ソフトウェアが適用される法令もしくは要件を満たしていないことに関する請求、および(iii)消費者保護法もしくは同様の法律に基づく請求など)、これらに対応する責任は、AppleではなくRiseSmartが負うものであることを承諾します。
- Apple用ソフトウェアまたはエンドユーザーによる当該Apple用ソフトウェアの保有および利用が第三者の知的財産権を侵害しているとの請求が当該第三者から申し立てられた場合、RiseSmartとAppleとの間では、AppleではなくRiseSmartが当該知的財産侵害請求に関する調査、防御、和解および義務履行に関する責任を単独で負うものとします。
- 利用者は、(i)ご自身が米国政府の禁輸措置対象国、または米国政府の「テロ支援」国家指定国に所在していないこと、および(ii)ご自身が米国政府の禁止もしくは制限対象当事者リストに記載されていないことを表明し、保証します。
- Apple用ソフトウェアに関する疑問、苦情または請求は、下記宛てにRiseSmartに対して申し立ててください。
RiseSmartおよび利用者は、AppleおよびAppleの子会社がApple用ソフトウェアに関して本利用規約の第三受益者であること、また、利用者が本利用規約の利用条件を承諾した時点で、AppleがApple用ソフトウェアの第三受益者として当該Apple用ソフトウェアに関して本利用規約を利用者に執行する権利を有するものであること(また、当該権利に関して承諾を得たとみなされること)について、承諾し同意します。
14.他のサイトへのリンク
本サービスには外部ウェブサイトへのリンクが含まれている場合があります。これらのリンクは利用者の便宜を図る目的においてのみ提供されるものであり、当該外部ウェブサイトのコンテンツをRiseSmartが推奨するものではありません。RiseSmartは、リンク先外部サイトのコンテンツに関して責任を負わず、また、当該外部ウェブサイト上の資料の内容または正確性について何らの表明も行いません。リンク先外部ウェブサイトへのアクセスは、ご自身のリスクで行ってください。
15.モバイルデバイス
モバイルデバイスから本サービスを利用する場合、利用者によるモバイルデバイスを介した本サービスの利用および通信事業者に関する情報(ご利用の携帯通信事業者、ご自身のモバイルデバイスまたは利用者の位置情報など)がRiseSmartに通知されることに同意します。また、モバイルデバイスから本サービスを利用する場合、ご自身のモバイルデバイスにデータが表示されることがあります。利用者は、モバイルデバイスから本サービスにアクセスすることにより、ご自身のRiseSmartデータをご自身のモバイルデバイスにインポートする範囲で、ご利用の携帯通信事業者またはアクセスプロバイダーに当該移転データを共有する権限を有することを表明することになります。ご自身のモバイルデバイス/アカウントを変更または無効化する場合、利用者は、ご自身のアカウント(および該当する場合は関連のメッセージ)が他人からアクセスされない(または他人に送信されない)ように確保する必要があり、これを怠る場合の責任は、利用者が負います。利用者は、ご自身のモバイルデバイスおよびプロバイダーを通じて本サービスにアクセスする場合、これらに要する料金および必要な許可については、すべてご自身が責任を負うことを承諾します。故に利用者は、ご自身のプロバイダーに対し、ご自身の特定のモバイルデバイスに関するこれらのサービスについての規定を確認する必要があります。本サービスを利用できるようにするダウンロード形式のアプリケーションを利用することにより、利用者は、ダウンロードまたはインストールの際に提供される当該アプリケーションのエンドユーザーライセンス契約の規定(または随時更新される当該規定)を明示的に承諾したものとみなされます。
発効日:2019年1月18日
Terms and Conditions
Effective July 17th 2019
DownloadTable of Contents
TERMS & CONDITIONS
- Acceptance of Terms.
1.1 RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 RiseSmart may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to monitor the Service, Content, or Your Content. RiseSmart does not screen or monitor any of Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and RiseSmart, even though it is electronic and is not physically signed by you and RiseSmart, and it governs your use of the Service and takes the place of any prior agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. We reserve the right to change RiseSmart’s prices. If RiseSmart does, RiseSmart will provide notice of the change on the Site or in email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service, RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of this TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign this TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer this TOS, in whole or in part, without restriction.
11. Governing Law.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
Privacy Policy
Effective July 17th 2019
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PRIVACY POLICY
RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to its Terms of Service (located at http://www.RiseSmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted and otherwise used in connection with the Service.
Your Consent
By using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart.
RiseSmart may receive from you:
- your name, recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in job searching; and
- information on your customer satisfaction or other feedback about the job search and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through your activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, mis-use, disclosure or other loss related to your Personal Data or other information.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service (including in connection with a Company Client Engagement), you are consenting to RiseSmart’s use of your Personal Data in accordance with this Privacy Policy. If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or its current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself or such information may be included in databases owned and maintained by RiseSmart’s affiliates, agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as discussed above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart use cookies, RiseSmart will not collect Personal Data except with your permission.
We may (and we may allow third party service providers to) use such cookies or other technologies to collect information about your browsing activities over time and across different websites following your use of the Services. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement as a job seeker, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users and improve the Service.
- As RiseSmart develops its business,RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners, and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. In pursuit of current accuracy of your Personal Data and other information on file, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account, and confirm or correct the information.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. Please keep this in mind when disclosing any Personal Data or other information to RiseSmart via the Internet.
Links to Other Web Sites
This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Exclusions
This Privacy Policy does not apply to any Personal Data collected by RiseSmart other than Personal Data collected through the Service. This Privacy Policy shall not apply to any unsolicited information you provide to RiseSmart through the Service or through any other means. This includes, but is not limited to, information posted to public areas of the Service, if any (“Public Areas”), any ideas for new products or modifications to existing products or services and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and RiseSmart shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Daniel Davenport, VP – Operations
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
- See more at: http://www.risesmart.com/privacy-policy#sthash.oeSkCk0Q.dpuf
Terms And Conditions
Effective January 17th 2020
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1. Acceptance of Terms.
1.1 RiseSmart, Inc. and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.RiseSmart.com) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the
Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text,
content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your résumé, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information
regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests;
enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your
billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorized RiseSmart to provide to you.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes of any jurisdiction, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise
unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your résumé, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to
RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING, WITHOUT LIMITATION, JOB AND CAREER DEVLEOPMENT LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER OR CAREER DEVELOPMENT SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS OR OTHER INFORMATION WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT OR CAREER DELVEOPMENT THROUGH THE USE OF THE SERVICE, OR THAT ANY EMPLOYMENT OR CAREER DEVELOPMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU. Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any
content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and
accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service in an amount not exceeding in any case the value of the fees paid to Risesmart according to the service contract. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the Italian laws without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of Milanfor the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at user.support@risesmart.com (subject line: “DMCA Takedown Request”). You may also contact RiseSmart by mail at:
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notice: To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site, with enough detail that RiseSmart may find it on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and
RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the
Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on
such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Effective January 18, 2019
Terms and Conditions
Effective May 27th 2020
DownloadTable of Contents
TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 RiseSmart may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to monitor the Service, Content, or Your Content. RiseSmart does not screen or monitor any of Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and RiseSmart, even though it is electronic and is not physically signed by you and RiseSmart, and it governs your use of the Service and takes the place of any prior agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
4. Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. We reserve the right to change RiseSmart’s prices. If RiseSmart does, RiseSmart will provide notice of the change on the Site or in email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service, RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of this TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign this TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer this TOS, in whole or in part, without restriction.
11. Governing Law.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Facsimile: (408) 886-3155
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
Privacy Policy
Effective May 27th 2020
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PRIVACY POLICY
RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to its Terms of Service (located at http://www.RiseSmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted and otherwise used in connection with the Service.
Your Consent
By using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart.
RiseSmart may receive from you:
- your name, recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in job searching; and
- information on your customer satisfaction or other feedback about the job search and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through your activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, mis-use, disclosure or other loss related to your Personal Data or other information.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service (including in connection with a Company Client Engagement), you are consenting to RiseSmart’s use of your Personal Data in accordance with this Privacy Policy. If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or its current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself or such information may be included in databases owned and maintained by RiseSmart’s affiliates, agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as discussed above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart use cookies, RiseSmart will not collect Personal Data except with your permission.
We may (and we may allow third party service providers to) use such cookies or other technologies to collect information about your browsing activities over time and across different websites following your use of the Services. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement as a job seeker, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users and improve the Service.
- As RiseSmart develops its business,RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners, and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. In pursuit of current accuracy of your Personal Data and other information on file, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account, and confirm or correct the information.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. Please keep this in mind when disclosing any Personal Data or other information to RiseSmart via the Internet.
Links to Other Web Sites
This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Exclusions
This Privacy Policy does not apply to any Personal Data collected by RiseSmart other than Personal Data collected through the Service. This Privacy Policy shall not apply to any unsolicited information you provide to RiseSmart through the Service or through any other means. This includes, but is not limited to, information posted to public areas of the Service, if any (“Public Areas”), any ideas for new products or modifications to existing products or services and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and RiseSmart shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Daniel Davenport, VP – Operations
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
- See more at: http://www.risesmart.com/privacy-policy#sthash.oeSkCk0Q.dpuf
WARUNKI - (TNC Poland)
Effective November 21st 2022
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WARUNKI
1. Akceptacja warunków.
Spółka RiseSmart, Inc. i jej podmioty powiązane (zwane łącznie „RiseSmart”) świadczą swoją Usługę (zgodnie z definicją poniżej) na rzecz ciebie za pośrednictwem witryn internetowych znajdujących się pod kontrolą RiseSmart (w tym, bez ograniczeń, na witrynie internetowej znajdującej się pod adresem http://www.RiseSmart.com) (zwanych łącznie „Witryną”), zgodnie ze swoimi Warunkami świadczenia usług (niniejsze „WŚU”). Akceptując niniejsze WŚU, uzyskując dostęp lub korzystając z Usługi lub Witryny, potwierdzasz, że zapoznałeś(-łaś) się z niniejszymi WŚU, zrozumiałeś(-łaś) je i zgadzasz się ich przestrzegać. Jeśli nie zgadzasz z niniejszymi WŚU, nie możesz zaakceptować tych WŚU i korzystać z Usługi.
1.2 RiseSmart może bez uprzedzenia zmieniać niniejsze WŚU. Zmienione warunki wejdą w życie z chwilą ich opublikowania, a jeśli będziesz korzystać z Usługi po tej dacie, będzie to oznaczało akceptację zmienionych warunków. Jeśli jakakolwiek zmiana niniejszych WŚU nie jest dla ciebie akceptowalna, jedynym środkiem zaradczym jest zaprzestanie dostępu do Usługi i korzystania z niej.
2. Opis Usługi.
„Usługa” obejmuje (a) Witrynę, (b) Usługi RiseSmart w zakresie reorientacji zawodowej i zarządzania karierą oraz inne powiązane usługi (w tym zarządzanie plikami i usługi analityczne), a także powiązane technologie i aplikacje (w tym, bez ograniczeń, aplikacje i usługi dostępne za pośrednictwem dowolnego interfejsu mobilnego lub innego, który umożliwia dostęp do takich aplikacji i usług), oraz (c) wszelkie oprogramowanie (w tym Oprogramowanie zdefiniowane poniżej), materiały, portale, rekomendacje, oferty pracy, dane, raporty, tekst, obrazy, dźwięki, nagrania wideo, analizy i inne treści udostępniane za pośrednictwem któregokolwiek z powyższych elementów (łącznie zwane „Zawartością”). Wszelkie nowe funkcje dodane do Usługi lub rozszerzające ją również podlegają niniejszym WŚU.
3. Ogólne warunki / dostęp i korzystanie z Usługi.
3.1 Z zastrzeżeniem warunków niniejszych WŚU, możesz uzyskać dostęp do Usługi i korzystać z niej tylko w celach zgodnych z prawem. Wszelkie prawa, tytuły własności i udziały w Usłudze i jej komponentach pozostają w posiadaniu i należą wyłącznie do RiseSmart. Nie będziesz (i nie możesz zezwalać na to osobom trzecim) (a) kopiować, powielać, modyfikować, usuwać, rozpowszechniać, pobierać, przechowywać, przekazywać, publikować, tworzyć utworów zależnych, odtwarzać kodu źródłowego, deasemblować lub w inny sposób próbować, bezpośrednio lub pośrednio, odkryć jakikolwiek kod źródłowy, sprzedawać, udzielać sublicencji, odsprzedawać, wynajmować, wydzierżawiać, przekazywać, cedować lub wypożyczać Usługi ani w inny sposób komercyjnie wykorzystywać lub udostępniać Usługi osobom trzecim; (b) korzystać z Usługi w sposób niezgodny z prawem (w tym między innymi z naruszeniem jakichkolwiek przepisów dotyczących danych, ochrony prywatności lub kontroli eksportu) ani w sposób kolidujący z integralnością lub działaniem Usługi lub jej komponentów lub zakłócający je, (c) modyfikować, adaptować ani włamywać się do Usługi ani podejmować innych prób uzyskania nieautoryzowanego dostępu do Usługi lub związanych z nim systemów lub sieci; ani też(d) wykorzystywać jakiejkolwiek Zawartości na innych witrynach internetowych lub w innych mediach (np. środowisko sieciowe). Zobowiązujesz się stosować do wszelkich kodeksów postępowania, polityk lub innych powiadomień, które RiseSmart ci udostępni lub opublikuje w związku z Usługą, a także niezwłocznie powiadomisz RiseSmart w przypadku uzyskania informacji o naruszeniu bezpieczeństwa związanego z Usługą. Ponadto, podczas korzystania z niektórych usług, będziesz podlegać wszelkim dodatkowym warunkom mającym zastosowanie do takich usług, które mogą być publikowane w ramach Usługi, w tym, bez ograniczeń, Polityce prywatności RiseSmart.
3.2 Wszelkie oprogramowanie, które może zostać udostępnione przez RiseSmart w związku z Usługą („Oprogramowanie”), zawiera informacje zastrzeżone i poufne, które są chronione przez obowiązujące przepisy w zakresie prawa własności intelektualnej i inne. Zgodnie z warunkami niniejszych WŚU RiseSmart niniejszym udziela ci osobistego, niezbywalnego, niepodlegającego możliwości udzielania dalszych licencji i niewyłącznego prawa i licencji na użytkowanie kodu obiektowego wszelkiego Oprogramowania na jednym urządzeniu wyłącznie w związku z Usługą. Zobowiązujesz się nie uzyskiwać dostępu do Usługi w sposób inny niż za pośrednictwem interfejsu udostępnionego przez RiseSmart w celu korzystania z Usługi. Wszelkie prawa, które nie zostały wyraźnie przyznane w niniejszym dokumencie, są zastrzeżone i nie udziela się żadnej licencji ani prawa do używania jakiegokolwiek znaku towarowego RiseSmart lub jakiejkolwiek strony trzeciej w związku z Usługą.
3.3 Ponosisz wyłączną odpowiedzialność za wszystkie dane, informacje, opinie, sugestie, tekst, zawartość i inne materiały, które zamieszczasz, publikujesz, dostarczasz, podajesz lub w inny sposób przekazujesz lub przechowuje (zwane dalej „Przekazywaniem”) w związku z Usługą („Twoja zawartość”). Niniejszym oświadczasz i gwarantujesz, że Twoja zawartość przekazywana przez ciebie w odniesieniu do Usługi (a) jest dokładna, prawdziwa, zgodna z prawem, przyzwoita, uczciwa i kompletna (w tym między innymi w odniesieniu do życiorysu, danych biograficznych i informacji o zatrudnieniu, jeśli korzystasz z Usługi jako osoba poszukująca pracy lub poszukująca możliwości rozwoju kariery) oraz (b) jest wolna od błędów, robaków i wirusów. Wyrażasz zgodę na to, że RiseSmart może usunąć Twoją zawartość z Usługi, jeżeli uzna, że naruszasz powyższe zdanie lub zgodnie z innymi warunkami niniejszych WŚU. Ponosisz odpowiedzialność za zachowanie poufności swojego loginu, hasła i konta oraz za wszystkie działania, które mają miejsce pod twoim loginem lub kontem. RiseSmart zastrzega sobie prawo dostępu do twojego konta w celu odpowiedzi na twoje prośby o pomoc techniczną. Przesyłając Twoją zawartość w ramach Usługi lub za jej pośrednictwem, niniejszym udzielasz i będziesz udzielać RiseSmart ogólnoświatowej, niewyłącznej, wieczystej, nieodwołalnej, nieodpłatnej, w pełni opłaconej, podlegającej możliwości udzielania dalszych licencji i zbywalnej licencji na użytkowanie, modyfikowanie, powielanie, dystrybucję, wyświetlanie, publikowanie i wykonywanie Twojej zawartości w związku z Usługą. RiseSmart ma prawo, ale nie obowiązek, do wyświetlania i monitorowania Usługi, Zawartości oraz Twojej zawartości. Ponadto wyrażasz zgodę na to, że RiseSmart może usunąć lub wyłączyć dostęp do wszelkiej Zawartości w dowolnym momencie i z dowolnej przyczyny (w tym między innymi po otrzymaniu roszczeń lub zarzutów od osób trzecich lub organów związanych z daną Zawartością) lub bez żadnego powodu.
3.4 Przyjmujesz do wiadomości, że działanie Usługi, w tym Twojej zawartości, może być niezaszyfrowane i może obejmować (a) transmisję za pośrednictwem różnych sieci, (b) zmiany mające na celu dostosowanie do wymogów technicznych związanych z podłączeniem sieci lub urządzeń, (c) transmisję do zewnętrznych dostawców i partnerów hostingowych RiseSmart w celu zapewnienia niezbędnego sprzętu, oprogramowania, sieci, pamięci i powiązanej technologii wymaganej do obsługi i utrzymania Usługi oraz (d) transmisję do innych stron trzecich w związku z dostarczeniem ci Usługi. W związku z tym potwierdzasz, że ponosi wyłączną odpowiedzialność za odpowiednie bezpieczeństwo, ochronę i tworzenie kopii zapasowych Twojej zawartości. RiseSmart nie będzie ponosić żadnej odpowiedzialności wobec ciebie za nieautoryzowany dostęp lub wykorzystanie jakiejkolwiek Twojej zawartości ani za uszkodzenie, usunięcie, zniszczenie lub utratę jakiejkolwiek Twojej zawartości.
3.5 Jeśli jesteś osobą poszukującą pracy lub możliwości rozwoju kariery, zgadzasz się ponadto kierować własnym osądem, ostrożnością i zdrowym rozsądkiem w zarządzaniu ofertami pracy i innymi informacjami oferowanymi w ramach lub za pośrednictwem Usługi i ponosisz wyłączne ryzyko związane z poleganiem na jakiejkolwiek Zawartości (w tym ofertach pracy, poradach dotyczących kariery lub rekomendacjach) dostarczanej za pośrednictwem Usługi.
3.6 Niewykonanie lub niewyegzekwowanie przez RiseSmart jakiegokolwiek prawa lub postanowienia niniejszych WŚU nie stanowi zrzeczenia się tego prawa. Przyjmujesz do wiadomości, że niniejsze WŚU stanowią umowę pomiędzy tobą a RiseSmart, nawet jeśli są one elektroniczne i nie są fizycznie podpisane przez ciebie i RiseSmart, oraz regulują korzystanie z Usługi i zastępują wszelkie wcześniejsze podobne umowy pomiędzy tobą a RiseSmart.
3.7 Przyjmujesz do wiadomości, że klient spółki RiseSmart może zaangażować RiseSmart do pomocy (a) obecnym i/lub byłym pracownikom klienta spółki, którzy byli lub będą zwolnieni z zatrudnienia u danego klienta spółki, w poszukiwaniu zatrudnienia za pośrednictwem Usługi („Pomoc w reorientacji zawodowej”) lub (b) obecnym pracownikom klienta spółki w rozwoju kariery zawodowej w ramach Usługi („Pomoc w rozwoju kariery”), ((a) i (b) łącznie zwane „Zobowiązaniami wobec klientów spółki”). Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki w zakresie Pomocy w reorientacji zawodowej, RiseSmart może udostępnić klientowi spółki raporty o postępach i inne informacje, które cię identyfikują oraz wskazują status korzystania przez ciebie z Usługi, zakres korzystania z Usługi, postępy w osiąganiu kamieni milowych i status w poszukiwaniu pracy, twoje zadowolenie klienta lub inne informacje zwrotne związane z Usługą, w każdym przypadku indywidualnie lub w sposób zbiorczy. Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki w zakresie Pomocy w rozwoju kariery, RiseSmart może udostępnić klientowi spółki raporty o postępach i inne informacje, które cię identyfikują oraz wskazują status korzystania przez ciebie z Usługi, zakres korzystania z Usługi, postępy w osiąganiu kamieni milowych i status w poszukiwaniu pracy lub rozwoju zawodowym, twoje zadowolenie klienta lub inne informacje zwrotne związane z Usługą, w każdym przypadku w sposób zbiorczy. Więcej informacji na temat zbierania, wykorzystywania i udostępniania przez RiseSmart informacji podanych przez ciebie i klientów spółki w związku z realizacją Zobowiązań wobec klientów spółki można znaleźć w Polityce prywatności RiseSmart.
3.8. Jeżeli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki, przyjmujesz do wiadomości, że udostępniona ci Usługa w żadnym wypadku nie przekroczy zakresu, czasu trwania ani innych ograniczeń Zobowiązań wobec klientów spółki, zgodnie z którymi otrzymujesz dostęp do Usługi.
3.9 Wyrażasz zgodę na to, że RiseSmart (a) może ustanowić ogólne praktyki i ograniczenia dotyczące korzystania z Usługi, w tym między innymi maksymalny okres, przez jaki Zawartość lub dowolna z Twoich zawartości będzie przechowywana w ramach Usługi oraz maksymalną przestrzeń dyskową, która zostanie przydzielona w twoim imieniu, (b) RiseSmart nie ponosi odpowiedzialności za usunięcie lub nieprzechowanie jakiejkolwiek Zawartości lub Twojej zawartości utrzymywanej lub przesłanej do Usługi, oraz (c) może chronić Zawartość i wszelką Twoją zawartość, a także może ujawnić Zawartość i Twoją zawartość, jeżeli jest to wymagane przez prawo lub w dobrej wierze, w przekonaniu, że takie zachowanie lub ujawnienie jest w uzasadniony sposób konieczne, aby: (i) zastosować się do procedur prawnych, obowiązujących przepisów lub żądań organów rządowych; (ii) egzekwować niniejsze WŚU; (iii) odpowiadać na roszczenia, że jakakolwiek Zawartość lub cokolwiek z Twojej zawartości narusza prawa osób trzecich; lub (iv) chronić prawa, własność lub bezpieczeństwo osobiste RiseSmart, jego użytkowników i społeczeństwa. Ponadto wyrażasz zgodę na to, że RiseSmart może usunąć lub wyłączyć dostęp do wszelkiej Zawartości lub Twojej zawartości w dowolnym momencie i z dowolnej przyczyny (w tym między innymi po otrzymaniu roszczeń lub zarzutów od osób trzecich lub organów związanych z daną Zawartością lub Twoją zawartością) lub bez żadnego powodu.
4. Płatność.
W zakresie, w jakim Usługa lub jakakolwiek jej część jest udostępniana za jakąkolwiek opłatą (i nie jest w inny sposób opłacana przez klienta spółki RiseSmart), będziesz musiał(a) wybrać plan płatności i dostarczyć RiseSmart informacje dotyczące twojej karty kredytowej lub innego instrumentu płatniczego. Oświadczasz i gwarantujesz RiseSmart, że informacje te są prawdziwe i że posiadasz upoważnienie do korzystania z danego instrumentu płatniczego. Niezwłocznie zaktualizujesz informacje o swoim koncie o wszelkie zmiany (na przykład zmianę w swoim adresie rozliczeniowym lub dacie ważności karty kredytowej), które mogą wystąpić. Zobowiązujesz się zapłacić RiseSmart kwotę określoną w planie płatności zgodnie z warunkami tego planu i niniejszymi WŚU. Niniejszym upoważniasz RiseSmart do okresowego obciążania twojego instrumentu płatniczego z góry, zgodnie z warunkami obowiązującego planu płatności, do momentu zamknięcia konta, a ponadto wyrażasz zgodę na uiszczanie wszelkich poniesionych w ten sposób opłat. Jeśli kwestionujesz jakiekolwiek opłaty, musisz poinformować o tym RiseSmart w ciągu sześćdziesięciu (60) dni od daty wystawienia faktury przez RiseSmart. RiseSmart zastrzega sobie prawo do zmiany cen RiseSmart w dowolnym momencie. Jeśli RiseSmart zmieni swoje ceny, powiadomi o zmianie na Witrynie lub w wiadomości e-mail do ciebie, według uznania RiseSmart, co najmniej 30 dni przed wejściem zmiany w życie. Dalsze korzystanie z Usługi po wejściu w życie zmiany ceny stanowi zgodę na zapłacenie zmienionej kwoty. Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki, to dany klient spółki zostanie obciążony opłatą za dany Pakiet usług, do świadczenia którego na rzecz ciebie upoważnił RiseSmart.
5. Oświadczenia i zapewnienia.
W związku z użytkowaniem, zobowiązujesz się NIE: naruszać żadnych lokalnych, stanowych lub federalnych zasad, przepisów ani statutów żadnej jurysdykcji, w tym między innymi przepisów ustawowych i wykonawczych Stanów Zjednoczonych dotyczących eksportu, przepisów dotyczących przeciwdziałania dyskryminacji lub dotyczących równości szans w zakresie zatrudnienia; naruszać praw własności intelektualnej i w zakresie prywatności danych, w tym między innymi patentów, praw autorskich, znaków towarowych lub tajemnic handlowych stron trzecich; przesyłać, publikować, przekazywać ani przechowywać jakichkolwiek materiałów, które są niezgodne z prawem, obraźliwe, zniesławiające, nieuczciwe, zwodnicze, wprowadzające w błąd, szkodliwe, stanowiące groźbę, napastliwe, obsceniczne lub budzące zastrzeżenia; naruszają jakiekolwiek zobowiązania umowne lub dotyczące poufności; zakłócają lub przeszkadzają w normalnym funkcjonowaniu Usługi, jak np. umieszczanie lub przekazywanie wirusów, robaków, skryptów, makr lub wszelkiego rodzaju szkodliwych kodów, ciągłe umieszczanie powtarzających się materiałów lub umieszczanie rażąco dużych ilości danych; lub które nie są dozwolone przez RiseSmart, w tym między innymi nieautoryzowanych materiałów reklamowych, dobrowolnie umieszczanych materiałów promocyjnych, „niechcianej poczty”, „spamu”, „łańcuszków”, piramid finansowych, franczyz, dystrybucji, członkostwa w klubach, umów sprzedaży lub w inny sposób nieakceptowalnych materiałów; naruszać cudzych praw dotyczących ochrony prywatności lub dóbr osobistych poprzez nadużywanie Usługi, w tym między innymi nękanie lub „stalking” innej osoby, wysyłanie niechcianych wiadomości e-mail i zbieranie cudzych danych osobowych; naruszać ani próbować naruszyć jakichkolwiek środków bezpieczeństwa Usługi; używać jakichkolwiek urządzeń, procesów lub mechanizmów do monitorowania, odczytywania, wyszukiwania lub dostępu, np. pająka lub robota, do Usługi bez uprzedniej pisemnej zgody RiseSmart; uzyskiwać dostępu ani próbować uzyskać dostęp do konta lub loginu jakiejkolwiek osoby trzeciej wymienionej w ramach Usługi; ani publikować lub zatwierdzać niedokładne, fałszywe lub niekompletne informacje, takie jak CV, dane biograficzne lub informacje o zatrudnieniu; podszywać się pod jakąkolwiek osobę lub podmiot; fałszować jakichkolwiek informacji nagłówkowych w jakichkolwiek ogłoszeniach elektronicznych lub poczcie elektronicznej; ani fałszywie przedstawiać siebie, swoje powiązania z jakąkolwiek stroną trzecią lub podmiotem.
6. Zakończenie.
Masz prawo do zamknięcia swojego konta w dowolnym momencie zgodnie z procedurami określonymi na Witrynie lub przekazanymi ci oddzielnie, jeśli ma to zastosowanie. Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki, przyjmujesz do wiadomości, że twój dostęp do tej Usługi wygaśnie z chwilą wygaśnięcia lub zakończenia Zobowiązań wobec klientów spółki. RiseSmart zastrzega sobie prawo do (i) modyfikacji lub zaprzestania, tymczasowo lub na stałe, świadczenia Usługi (lub jakiejkolwiek jej części) oraz (ii) odmowy dowolnego obecnego i przyszłego wykorzystania Usługi, zawieszenia lub zamknięcia twojego konta (jakiejkolwiek jego części) lub korzystania z Usługi oraz usunięcia i odrzucenia jakiekolwiek Twojej zawartości w Usłudze, z jakiegokolwiek powodu, w tym jeżeli RiseSmart uzna, że naruszyłeś(-łaś) niniejsze WŚU. RiseSmart nie ponosi odpowiedzialności wobec ciebie ani osób trzecich za jakiekolwiek modyfikacje, zawieszenie lub zaprzestanie świadczenia Usługi. RiseSmart dołoży wszelkich starań podejmowanych w dobrej wierze w celu skontaktowania się z tobą, aby ostrzec cię przed zawieszeniem lub zamknięciem twojego konta przez RiseSmart. Wszelka Twoja zawartość w ramach Usługi (jeśli taka istnieje) może zostać trwale usunięta przez RiseSmart po każdym usunięciu twojego konta według własnego uznania RiseSmart. Jeżeli RiseSmart zamknie twoje konto bez podania przyczyny, a ty podpisałeś(-łaś) umowę na płatną usługę, jeżeli ma to zastosowanie (z wyłączeniem Zobowiązań wobec klientów spółki), RiseSmart zwróci proporcjonalną, pozostałą część każdej kwoty, którą zapłaciłeś(-łaś) z góry na rzecz RiseSmart za tę Usługę. Jednakże wszystkie nabyte prawa do płatności oraz warunki określone w pkt 4–12 obowiązują po wygaśnięciu niniejszych WŚU.
7. ZRZECZENIE SIĘ ODPOWIEDZIALNOŚCI.
USŁUGA, W TYM WITRYNA, ZAWARTOŚĆ (W TYM MIĘDZY INNYMI OFERTY PRACY I ROZWOJU KARIERY ZAWODOWEJ, REKOMENDACJE I ANALIZY) ORAZ WSZYSTKIE ELEMENTY SERWERÓW I SIECI SĄ DOSTARCZANE W AKTUALNYM STANIE I W MIARĘ DOSTĘPNOŚCI, BEZ ŻADNYCH GWARANCJI JAKIEGOKOLWIEK RODZAJU, A RISESMART WYRAŹNIE WYŁĄCZA ODPOWIEDZIALNOŚĆ Z TYTUŁU JAKICHKOLWIEK GWARANCJI, WYRAŹNYCH LUB DOROZUMIANYCH, W TYM MIĘDZY INNYMI DOROZUMIANYCH GWARANCJI PRZYDATNOŚCI HANDLOWEJ, TYTUŁU PRAWNEGO, PRZYDATNOŚCI DO OKREŚLONEGO CELU I NIENARUSZALNOŚCI. PRZYJMUJESZ DO WIADOMOŚCI, ŻE RISESMART NIE GWARANTUJE, ŻE USŁUGA BĘDZIE NIEPRZERWANA, TERMINOWA, BEZPIECZNA, WOLNA OD BŁĘDÓW LUB WIRUSÓW, A ŻADNE INFORMACJE, PORADY LUB USŁUGI UZYSKANE PRZEZ CIEBIE OD RISESMART LUB ZA POŚREDNICTWEM USŁUGI NIE BĘDĄ STANOWIŁY GWARANCJI, KTÓRA NIE ZOSTAŁA WYRAŹNIE OKREŚLONA W NINIEJSZYCH WŚU. NIE OGRANICZAJĄC OGÓLNEGO CHARAKTERU POWYŻSZEGO, JEŚLI JESTEŚ OSOBĄ POSZUKUJĄCĄ PRACY LUB ROZWOJU ZAWODOWEGO, (A) PRZYJMUJESZ DO WIADOMOŚCI I WYRAŻASZ ZGODĘ NA TO, ŻE OFERTY PRACY, KTÓRE RISESMART MOŻE ZAMIESZCZAĆ NA TWOIM KONCIE, SĄ OTRZYMYWANE OD OSÓB TRZECICH BEZ JAKIEJKOLWIEK WERYFIKACJI ORAZ ŻE (B) RISESMART NIE GWARANTUJE, ŻE OFERTY PRACY LUB INNE INFORMACJE BĘDĄ DOKŁADNE LUB ZGODNE Z PRAWEM, ŻE Z POWODZENIEM UZYSKASZ ZATRUDNIENIE LUB ROZWÓJ KARIERY POPRZEZ KORZYSTANIE Z USŁUGI, LUB ŻE JAKIEKOLWIEK ZATRUDNIENIE LUB ROZWÓJ KARIERY, KTÓRE ZNAJDZIESZ POPRZEZ KORZYSTANIE Z USŁUGI, BĘDĄ ODPOWIADAĆ TWOIM POTRZEBOM LUB BĘDĄ ODPOWIEDNIE DLA CIEBIE. W żadnym wypadku RiseSmart nie ponosi odpowiedzialności za żadną zawartość lub materiały osób trzecich (w tym użytkowników), w tym między innymi za błędy lub pominięcia w jakiejkolwiek zawartości, ani za żadne straty lub szkody poniesione w wyniku korzystania z tej zawartości. Przyjmujesz do wiadomości, że RiseSmart nie wyświetla podglądu Zawartości, ale RiseSmart i osoby przez RiseSmart wyznaczone będą miały prawo (ale nie obowiązek) według własnego uznania odmówić lub usunąć wszelką zawartość, która jest dostępna za pośrednictwem Usługi. Wyrażasz zgodę na to, że musisz ocenić wykorzystanie wszelkiej zawartości i ponieść wszelkie związane z tym ryzyko, w tym poleganie na dokładności, kompletności lub przydatności tej zawartości.
8. OGRANICZENIE ODPOWIEDZIALNOŚCI.
8.1 W ŻADNYM WYPADKU ORAZ NA PODSTAWIE ŻADNEJ TEORII PRAWNEJ (CZY TO W RAMACH ODPOWIEDZIALNOŚCI KONTRAKTOWEJ, DELIKTOWEJ, CZY TEŻ W INNY SPOSÓB) RISESMART NIE PONOSI ODPOWIEDZIALNOŚCI WOBEC CIEBIE LUB JAKIEJKOLWIEK STRONY TRZECIEJ ZA (A) JAKIEKOLWIEK POŚREDNIE, PRZYPADKOWE, SZCZEGÓLNE, PRZYKŁADOWE, WYNIKOWE SZKODY LUB ODSZKODOWANIA RETORSYJNE, W TYM ZA UTRATĘ KORZYŚCI, SPRZEDAŻY LUB DZIAŁALNOŚCI, UTRATĘ DANYCH LUB PRZERWANIE DZIAŁALNOŚCI, ANI (B) ZA WSZELKIE BEZPOŚREDNIE SZKODY, KOSZTY, STRATY LUB ZOBOWIĄZANIA PRZEKRACZAJĄCE OPŁATY FAKTYCZNIE PONIESIONE PRZEZ CIEBIE W CIĄGU SZEŚCIU (6) MIESIĘCY POPRZEDZAJĄCYCH ZDARZENIE POWODUJĄCE POWSTANIE ROSZCZENIA LUB, JEŚLI NIE MA ZASTOSOWANIA ŻADNA OPŁATA, ZA STO (100 $) DOLARÓW AMERYKAŃSKICH. PRZEPISY NINIEJSZEGO PUNKTU ROZDZIELAJĄ RYZYKO WYNIKAJĄCE Z NINIEJSZYCH WŚU POMIĘDZY STRONY, A STRONY OPARŁY SIĘ NA TYCH OGRANICZENIACH PRZY USTALANIU, CZY PRZYSTĄPIĆ DO NINIEJSZYCH WŚU.
8.2 Niektóre stany nie zezwalają na zrzeczenie się lub wyłączenie dorozumianych gwarancji lub ograniczenia odpowiedzialności za szkody przypadkowe lub wynikowe, co oznacza, że niektóre z powyższych ograniczeń w punkcie 7 (Zrzeczenie się odpowiedzialności) i 8 (Ograniczenie odpowiedzialności) mogą nie mieć zastosowania lub nie być możliwe do wyegzekwowania w odniesieniu do ciebie. W TYCH STANACH ODPOWIEDZIALNOŚĆ RISESMART BĘDZIE OGRANICZONA W NAJWIĘKSZYM ZAKRESIE DOPUSZCZALNYM PRZEZ PRAWO. JEŚLI JESTEŚ UŻYTKOWNIKIEM Z NEW JERSEY, PUNKTY 7 (ZRZECZENIE SIĘ ODPOWIEDZIALNOŚCI) I 8 (OGRANICZENIE ODPOWIEDZIALNOŚCI) BĘDĄ MIAŁY TYLKO TAKI ZASIĘG, JAKI JEST DOZWOLONY PRZEZ PRAWO NEW JERSEY. JEŻELI JAKAKOLWIEK CZĘŚĆ TYCH PUNKTÓW ZOSTANIE UZNANA ZA NIEWAŻNĄ NA MOCY PRAWA NEW JERSEY, NIEWAŻNOŚĆ TEJ CZĘŚCI NIE MA WPŁYWU NA WAŻNOŚĆ POZOSTAŁYCH CZĘŚCI DANEGO PUNKTU.
9. Zabezpieczenie.
Zobowiązujesz się zabezpieczyć i zwolnić RiseSmart z odpowiedzialności z tytułu wszelkich roszczeń, działań i żądań, w tym między innymi uzasadnionych prawnie i księgowo opłat, wynikających z naruszenia przez ciebie niniejszych WŚU, jakiejkolwiek z Twojej zawartości lub innego dostępu, wkładu do, korzystania lub niewłaściwego korzystania z Usługi. RiseSmart powiadomi cię o każdym takim roszczeniu, pozwie lub żądaniu. RiseSmart zastrzega sobie prawo do przejęcia wyłącznej obrony i kontroli nad każdą sprawą podlegającą odszkodowaniu na mocy niniejszego punktu. W takim przypadku wyrażasz zgodę na współpracę w zakresie wszelkich uzasadnionych wniosków, pomagając RiseSmart w obronie takiej sprawy. Niezależnie od powyższego nie będziesz mieć obowiązku wypłaty odszkodowania, obrony lub zwolnienia RiseSmart z odpowiedzialności z tytułu jakichkolwiek roszczeń, działań lub żądań w zakresie wynikającym z jakiegokolwiek działania lub zaniechania działania przez RiseSmart.
10. Cesja.
Nie możesz scedować niniejszych WŚU bez uprzedniej pisemnej zgody RiseSmart, ale RiseSmart może scedować lub przenieść niniejsze WŚU, w całości lub w części, bez ograniczeń.
11. Prawo właściwe.
Niniejsze WŚU podlegają prawu stanu Kalifornia bez względu na zasady kolizji praw. O ile RiseSmart nie postanowi inaczej w danym przypadku, niniejszym wyraźnie wyrażasz zgodę na poddanie się wyłącznej osobowej jurysdykcji sądów federalnych i stanowych Stanu Kalifornia w celu rozwiązania wszelkich sporów związanych z twoim dostępem do Usługi lub korzystaniem z niej.
12. DMCA.
Ustawa Digital Millennium Copyright Act z 1998 roku („DMCA”) przewiduje możliwość dochodzenia swoich praw przez właścicieli praw autorskich, którzy uważają, że materiał pojawiający się w Internecie narusza ich prawa wynikające z prawa autorskiego Stanów Zjednoczonych. RiseSmart zobowiązuje się niezwłocznie przetwarzać i badać zawiadomienia o domniemanym naruszeniu oraz podejmować odpowiednie działania na mocy DMCA i innych obowiązujących przepisów dotyczących własności intelektualnej w odniesieniu do wszelkich domniemanych lub rzeczywistych naruszeń. Powiadomienie o domniemanym naruszeniu praw autorskich powinno zostać przesłane pocztą elektroniczną do Agenta ds. praw autorskich RiseSmart na adres user.support@risesmart.com (Temat wiadomości: „DMCA Takedown Request”). Możesz również skontaktować się z RiseSmart pocztą pod adresem:
Attention: Copyright Agent
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Uwaga: Aby zgłoszenie było skuteczne, musi mieć formę pisemną i zawierać następujące informacje:
opis utworu chronionego prawem autorskim lub innej własności intelektualnej, która według ciebie została naruszona;
twój adres, numer telefonu i adres e-mail;
twoje oświadczenie, że jesteś w dobrej wierze przekonany(-na), iż kwestionowane wykorzystanie nie jest autoryzowane przez właściciela praw autorskich lub własności intelektualnej, jego agenta lub prawo;
13. 1. Oprogramowanie obsługiwane przez Apple.
RiseSmart oferuje Oprogramowanie, które jest przeznaczone do wykorzystywania w związku z produktami udostępnianymi na rynku przez Apple Inc. („Apple”) wśród innych platform. W odniesieniu do Oprogramowania udostępnianego do twojego użytku w związku z produktem marki Apple (takie Oprogramowanie zwane jest dalej „Oprogramowaniem obsługiwanym przez Apple”), oprócz innych warunków określonych w niniejszych WŚU, zastosowanie mają następujące warunki:
Oświadczasz i zapewniasz, że (i) nie znajdujesz się w kraju, na który rząd USA nałożył embargo lub który został wyznaczony przez rząd USA jako kraj „wspierający terroryzm”; oraz że (ii) nie znajdujesz się na żadnej liście stron objętych zakazem lub ograniczeniami rządu USA.
RiseSmart, Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
RiseSmart wraz z tobą przyjmuje do wiadomości i akceptuje fakt, że Apple oraz spółki zależne Apple są osobami trzecimi będącymi beneficjentami niniejszych WŚU w odniesieniu do Oprogramowania obsługiwanego przez Apple oraz że po zaakceptowaniu przez ciebie warunków niniejszych WŚU Apple będzie miało prawo (i prawo to uznaje się za zaakceptowane) do egzekwowania od ciebie przestrzegania niniejszych WŚU w odniesieniu do Oprogramowania obsługiwanego przez Apple jako strona trzecia będąca beneficjentem.
- Więcej informacji znajduje się pod adresem: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Linki do innych Witryn.
Usługa może zawierać linki do witryn internetowych osób trzecich. Linki te podane są wyłącznie jako udogodnienie dla ciebie, a nie jako potwierdzenie przez RiseSmart zawartości takich witryn internetowych osób trzecich. RiseSmart nie ponosi odpowiedzialności za zawartość witryn internetowych osób trzecich, do których prowadzą linki, i nie składa żadnych oświadczeń dotyczących zawartości lub dokładności materiałów na tych witrynach internetowych osób trzecich. Jeśli zdecydujesz na dostęp do witryn internetowych osób trzecich, do których prowadzą linki, robisz to na własne ryzyko.
15. Urządzenia przenośne.
W przypadku korzystania z Usługi za pośrednictwem urządzenia przenośnego wyrażasz zgodę na przekazywanie RiseSmart informacji o korzystaniu przez ciebie z Usługi za pośrednictwem urządzenia przenośnego oraz operatora, w tym między innymi o twoim operatorze telefonii komórkowej, urządzeniu przenośnym lub twojej fizycznej lokalizacji. Ponadto korzystanie z Usługi za pośrednictwem urządzenia przenośnego może spowodować wyświetlanie danych na twoim urządzeniu przenośnym i za jego pośrednictwem. Uzyskując dostęp do Usługi za pomocą urządzenia przenośnego, oświadczasz, że w zakresie, w jakim importujesz jakiekolwiek swoje dane RiseSmart na urządzenie przenośne, posiadasz uprawnienia do udostępniania przekazywanych danych swojemu operatorowi telefonii komórkowej lub innemu dostawcy dostępu. W przypadku zmiany lub dezaktywacji twojego urządzenia przenośnego / konta, masz obowiązek upewnić się, że twoje konto (oraz wszelkie związane z nim wiadomości (jeśli ma to zastosowanie)) nie jest dostępne dla innej strony (lub wysłane do innej strony), a za niewypełnienie tego obowiązku odpowiedzialność ponosisz ty. Przyjmujesz do wiadomości, że ponosisz odpowiedzialność za wszelkie opłaty i niezbędne zezwolenia związane z dostępem do Usługi za pośrednictwem swojego urządzenia przenośnego i operatora. Dlatego też w celu uzyskania informacji na temat warunków świadczenia tych usług dla twojego urządzenia przenośnego musisz skontaktować się ze swoim operatorem. Korzystając z dowolnej aplikacji do pobrania w celu umożliwienia korzystania przez ciebie z Usługi, wyraźnie potwierdzasz swoją akceptację warunków Umowy licencyjnej użytkownika końcowego związanej z aplikacją i udostępnionej w momencie pobrania lub instalacji, wraz z wszelkimi dokonywanymi aktualizacjami.
Effective November 21st 2022 to November 21st 2022
DownloadTable of Contents
WARUNKI
1. Akceptacja warunków.
Spółka RiseSmart, Inc. i jej podmioty powiązane (zwane łącznie „RiseSmart”) świadczą swoją Usługę (zgodnie z definicją poniżej) na rzecz ciebie za pośrednictwem witryn internetowych znajdujących się pod kontrolą RiseSmart (w tym, bez ograniczeń, na witrynie internetowej znajdującej się pod adresem http://www.RiseSmart.com) (zwanych łącznie „Witryną”), zgodnie ze swoimi Warunkami świadczenia usług (niniejsze „WŚU”). Akceptując niniejsze WŚU, uzyskując dostęp lub korzystając z Usługi lub Witryny, potwierdzasz, że zapoznałeś(-łaś) się z niniejszymi WŚU, zrozumiałeś(-łaś) je i zgadzasz się ich przestrzegać. Jeśli nie zgadzasz z niniejszymi WŚU, nie możesz zaakceptować tych WŚU i korzystać z Usługi.
1.2 RiseSmart może bez uprzedzenia zmieniać niniejsze WŚU. Zmienione warunki wejdą w życie z chwilą ich opublikowania, a jeśli będziesz korzystać z Usługi po tej dacie, będzie to oznaczało akceptację zmienionych warunków. Jeśli jakakolwiek zmiana niniejszych WŚU nie jest dla ciebie akceptowalna, jedynym środkiem zaradczym jest zaprzestanie dostępu do Usługi i korzystania z niej.
2. Opis Usługi.
„Usługa” obejmuje (a) Witrynę, (b) Usługi RiseSmart w zakresie reorientacji zawodowej i zarządzania karierą oraz inne powiązane usługi (w tym zarządzanie plikami i usługi analityczne), a także powiązane technologie i aplikacje (w tym, bez ograniczeń, aplikacje i usługi dostępne za pośrednictwem dowolnego interfejsu mobilnego lub innego, który umożliwia dostęp do takich aplikacji i usług), oraz (c) wszelkie oprogramowanie (w tym Oprogramowanie zdefiniowane poniżej), materiały, portale, rekomendacje, oferty pracy, dane, raporty, tekst, obrazy, dźwięki, nagrania wideo, analizy i inne treści udostępniane za pośrednictwem któregokolwiek z powyższych elementów (łącznie zwane „Zawartością”). Wszelkie nowe funkcje dodane do Usługi lub rozszerzające ją również podlegają niniejszym WŚU.
3. Ogólne warunki / dostęp i korzystanie z Usługi.
3.1 Z zastrzeżeniem warunków niniejszych WŚU, możesz uzyskać dostęp do Usługi i korzystać z niej tylko w celach zgodnych z prawem. Wszelkie prawa, tytuły własności i udziały w Usłudze i jej komponentach pozostają w posiadaniu i należą wyłącznie do RiseSmart. Nie będziesz (i nie możesz zezwalać na to osobom trzecim) (a) kopiować, powielać, modyfikować, usuwać, rozpowszechniać, pobierać, przechowywać, przekazywać, publikować, tworzyć utworów zależnych, odtwarzać kodu źródłowego, deasemblować lub w inny sposób próbować, bezpośrednio lub pośrednio, odkryć jakikolwiek kod źródłowy, sprzedawać, udzielać sublicencji, odsprzedawać, wynajmować, wydzierżawiać, przekazywać, cedować lub wypożyczać Usługi ani w inny sposób komercyjnie wykorzystywać lub udostępniać Usługi osobom trzecim; (b) korzystać z Usługi w sposób niezgodny z prawem (w tym między innymi z naruszeniem jakichkolwiek przepisów dotyczących danych, ochrony prywatności lub kontroli eksportu) ani w sposób kolidujący z integralnością lub działaniem Usługi lub jej komponentów lub zakłócający je, (c) modyfikować, adaptować ani włamywać się do Usługi ani podejmować innych prób uzyskania nieautoryzowanego dostępu do Usługi lub związanych z nim systemów lub sieci; ani też(d) wykorzystywać jakiejkolwiek Zawartości na innych witrynach internetowych lub w innych mediach (np. środowisko sieciowe). Zobowiązujesz się stosować do wszelkich kodeksów postępowania, polityk lub innych powiadomień, które RiseSmart ci udostępni lub opublikuje w związku z Usługą, a także niezwłocznie powiadomisz RiseSmart w przypadku uzyskania informacji o naruszeniu bezpieczeństwa związanego z Usługą. Ponadto, podczas korzystania z niektórych usług, będziesz podlegać wszelkim dodatkowym warunkom mającym zastosowanie do takich usług, które mogą być publikowane w ramach Usługi, w tym, bez ograniczeń, Polityce prywatności RiseSmart.
3.2 Wszelkie oprogramowanie, które może zostać udostępnione przez RiseSmart w związku z Usługą („Oprogramowanie”), zawiera informacje zastrzeżone i poufne, które są chronione przez obowiązujące przepisy w zakresie prawa własności intelektualnej i inne. Zgodnie z warunkami niniejszych WŚU RiseSmart niniejszym udziela ci osobistego, niezbywalnego, niepodlegającego możliwości udzielania dalszych licencji i niewyłącznego prawa i licencji na użytkowanie kodu obiektowego wszelkiego Oprogramowania na jednym urządzeniu wyłącznie w związku z Usługą. Zobowiązujesz się nie uzyskiwać dostępu do Usługi w sposób inny niż za pośrednictwem interfejsu udostępnionego przez RiseSmart w celu korzystania z Usługi. Wszelkie prawa, które nie zostały wyraźnie przyznane w niniejszym dokumencie, są zastrzeżone i nie udziela się żadnej licencji ani prawa do używania jakiegokolwiek znaku towarowego RiseSmart lub jakiejkolwiek strony trzeciej w związku z Usługą.
3.3 Ponosisz wyłączną odpowiedzialność za wszystkie dane, informacje, opinie, sugestie, tekst, zawartość i inne materiały, które zamieszczasz, publikujesz, dostarczasz, podajesz lub w inny sposób przekazujesz lub przechowuje (zwane dalej „Przekazywaniem”) w związku z Usługą („Twoja zawartość”). Niniejszym oświadczasz i gwarantujesz, że Twoja zawartość przekazywana przez ciebie w odniesieniu do Usługi (a) jest dokładna, prawdziwa, zgodna z prawem, przyzwoita, uczciwa i kompletna (w tym między innymi w odniesieniu do życiorysu, danych biograficznych i informacji o zatrudnieniu, jeśli korzystasz z Usługi jako osoba poszukująca pracy lub poszukująca możliwości rozwoju kariery) oraz (b) jest wolna od błędów, robaków i wirusów. Wyrażasz zgodę na to, że RiseSmart może usunąć Twoją zawartość z Usługi, jeżeli uzna, że naruszasz powyższe zdanie lub zgodnie z innymi warunkami niniejszych WŚU. Ponosisz odpowiedzialność za zachowanie poufności swojego loginu, hasła i konta oraz za wszystkie działania, które mają miejsce pod twoim loginem lub kontem. RiseSmart zastrzega sobie prawo dostępu do twojego konta w celu odpowiedzi na twoje prośby o pomoc techniczną. Przesyłając Twoją zawartość w ramach Usługi lub za jej pośrednictwem, niniejszym udzielasz i będziesz udzielać RiseSmart ogólnoświatowej, niewyłącznej, wieczystej, nieodwołalnej, nieodpłatnej, w pełni opłaconej, podlegającej możliwości udzielania dalszych licencji i zbywalnej licencji na użytkowanie, modyfikowanie, powielanie, dystrybucję, wyświetlanie, publikowanie i wykonywanie Twojej zawartości w związku z Usługą. RiseSmart ma prawo, ale nie obowiązek, do wyświetlania i monitorowania Usługi, Zawartości oraz Twojej zawartości. Ponadto wyrażasz zgodę na to, że RiseSmart może usunąć lub wyłączyć dostęp do wszelkiej Zawartości w dowolnym momencie i z dowolnej przyczyny (w tym między innymi po otrzymaniu roszczeń lub zarzutów od osób trzecich lub organów związanych z daną Zawartością) lub bez żadnego powodu.
3.4 Przyjmujesz do wiadomości, że działanie Usługi, w tym Twojej zawartości, może być niezaszyfrowane i może obejmować (a) transmisję za pośrednictwem różnych sieci, (b) zmiany mające na celu dostosowanie do wymogów technicznych związanych z podłączeniem sieci lub urządzeń, (c) transmisję do zewnętrznych dostawców i partnerów hostingowych RiseSmart w celu zapewnienia niezbędnego sprzętu, oprogramowania, sieci, pamięci i powiązanej technologii wymaganej do obsługi i utrzymania Usługi oraz (d) transmisję do innych stron trzecich w związku z dostarczeniem ci Usługi. W związku z tym potwierdzasz, że ponosi wyłączną odpowiedzialność za odpowiednie bezpieczeństwo, ochronę i tworzenie kopii zapasowych Twojej zawartości. RiseSmart nie będzie ponosić żadnej odpowiedzialności wobec ciebie za nieautoryzowany dostęp lub wykorzystanie jakiejkolwiek Twojej zawartości ani za uszkodzenie, usunięcie, zniszczenie lub utratę jakiejkolwiek Twojej zawartości.
3.5 Jeśli jesteś osobą poszukującą pracy lub możliwości rozwoju kariery, zgadzasz się ponadto kierować własnym osądem, ostrożnością i zdrowym rozsądkiem w zarządzaniu ofertami pracy i innymi informacjami oferowanymi w ramach lub za pośrednictwem Usługi i ponosisz wyłączne ryzyko związane z poleganiem na jakiejkolwiek Zawartości (w tym ofertach pracy, poradach dotyczących kariery lub rekomendacjach) dostarczanej za pośrednictwem Usługi.
3.6 Niewykonanie lub niewyegzekwowanie przez RiseSmart jakiegokolwiek prawa lub postanowienia niniejszych WŚU nie stanowi zrzeczenia się tego prawa. Przyjmujesz do wiadomości, że niniejsze WŚU stanowią umowę pomiędzy tobą a RiseSmart, nawet jeśli są one elektroniczne i nie są fizycznie podpisane przez ciebie i RiseSmart, oraz regulują korzystanie z Usługi i zastępują wszelkie wcześniejsze podobne umowy pomiędzy tobą a RiseSmart.
3.7 Przyjmujesz do wiadomości, że klient spółki RiseSmart może zaangażować RiseSmart do pomocy (a) obecnym i/lub byłym pracownikom klienta spółki, którzy byli lub będą zwolnieni z zatrudnienia u danego klienta spółki, w poszukiwaniu zatrudnienia za pośrednictwem Usługi („Pomoc w reorientacji zawodowej”) lub (b) obecnym pracownikom klienta spółki w rozwoju kariery zawodowej w ramach Usługi („Pomoc w rozwoju kariery”), ((a) i (b) łącznie zwane „Zobowiązaniami wobec klientów spółki”). Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki w zakresie Pomocy w reorientacji zawodowej, RiseSmart może udostępnić klientowi spółki raporty o postępach i inne informacje, które cię identyfikują oraz wskazują status korzystania przez ciebie z Usługi, zakres korzystania z Usługi, postępy w osiąganiu kamieni milowych i status w poszukiwaniu pracy, twoje zadowolenie klienta lub inne informacje zwrotne związane z Usługą, w każdym przypadku indywidualnie lub w sposób zbiorczy. Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki w zakresie Pomocy w rozwoju kariery, RiseSmart może udostępnić klientowi spółki raporty o postępach i inne informacje, które cię identyfikują oraz wskazują status korzystania przez ciebie z Usługi, zakres korzystania z Usługi, postępy w osiąganiu kamieni milowych i status w poszukiwaniu pracy lub rozwoju zawodowym, twoje zadowolenie klienta lub inne informacje zwrotne związane z Usługą, w każdym przypadku w sposób zbiorczy. Więcej informacji na temat zbierania, wykorzystywania i udostępniania przez RiseSmart informacji podanych przez ciebie i klientów spółki w związku z realizacją Zobowiązań wobec klientów spółki można znaleźć w Polityce prywatności RiseSmart.
3.8. Jeżeli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki, przyjmujesz do wiadomości, że udostępniona ci Usługa w żadnym wypadku nie przekroczy zakresu, czasu trwania ani innych ograniczeń Zobowiązań wobec klientów spółki, zgodnie z którymi otrzymujesz dostęp do Usługi.
3.9 Wyrażasz zgodę na to, że RiseSmart (a) może ustanowić ogólne praktyki i ograniczenia dotyczące korzystania z Usługi, w tym między innymi maksymalny okres, przez jaki Zawartość lub dowolna z Twoich zawartości będzie przechowywana w ramach Usługi oraz maksymalną przestrzeń dyskową, która zostanie przydzielona w twoim imieniu, (b) RiseSmart nie ponosi odpowiedzialności za usunięcie lub nieprzechowanie jakiejkolwiek Zawartości lub Twojej zawartości utrzymywanej lub przesłanej do Usługi, oraz (c) może chronić Zawartość i wszelką Twoją zawartość, a także może ujawnić Zawartość i Twoją zawartość, jeżeli jest to wymagane przez prawo lub w dobrej wierze, w przekonaniu, że takie zachowanie lub ujawnienie jest w uzasadniony sposób konieczne, aby: (i) zastosować się do procedur prawnych, obowiązujących przepisów lub żądań organów rządowych; (ii) egzekwować niniejsze WŚU; (iii) odpowiadać na roszczenia, że jakakolwiek Zawartość lub cokolwiek z Twojej zawartości narusza prawa osób trzecich; lub (iv) chronić prawa, własność lub bezpieczeństwo osobiste RiseSmart, jego użytkowników i społeczeństwa. Ponadto wyrażasz zgodę na to, że RiseSmart może usunąć lub wyłączyć dostęp do wszelkiej Zawartości lub Twojej zawartości w dowolnym momencie i z dowolnej przyczyny (w tym między innymi po otrzymaniu roszczeń lub zarzutów od osób trzecich lub organów związanych z daną Zawartością lub Twoją zawartością) lub bez żadnego powodu.
4. Płatność.
W zakresie, w jakim Usługa lub jakakolwiek jej część jest udostępniana za jakąkolwiek opłatą (i nie jest w inny sposób opłacana przez klienta spółki RiseSmart), będziesz musiał(a) wybrać plan płatności i dostarczyć RiseSmart informacje dotyczące twojej karty kredytowej lub innego instrumentu płatniczego. Oświadczasz i gwarantujesz RiseSmart, że informacje te są prawdziwe i że posiadasz upoważnienie do korzystania z danego instrumentu płatniczego. Niezwłocznie zaktualizujesz informacje o swoim koncie o wszelkie zmiany (na przykład zmianę w swoim adresie rozliczeniowym lub dacie ważności karty kredytowej), które mogą wystąpić. Zobowiązujesz się zapłacić RiseSmart kwotę określoną w planie płatności zgodnie z warunkami tego planu i niniejszymi WŚU. Niniejszym upoważniasz RiseSmart do okresowego obciążania twojego instrumentu płatniczego z góry, zgodnie z warunkami obowiązującego planu płatności, do momentu zamknięcia konta, a ponadto wyrażasz zgodę na uiszczanie wszelkich poniesionych w ten sposób opłat. Jeśli kwestionujesz jakiekolwiek opłaty, musisz poinformować o tym RiseSmart w ciągu sześćdziesięciu (60) dni od daty wystawienia faktury przez RiseSmart. RiseSmart zastrzega sobie prawo do zmiany cen RiseSmart w dowolnym momencie. Jeśli RiseSmart zmieni swoje ceny, powiadomi o zmianie na Witrynie lub w wiadomości e-mail do ciebie, według uznania RiseSmart, co najmniej 30 dni przed wejściem zmiany w życie. Dalsze korzystanie z Usługi po wejściu w życie zmiany ceny stanowi zgodę na zapłacenie zmienionej kwoty. Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki, to dany klient spółki zostanie obciążony opłatą za dany Pakiet usług, do świadczenia którego na rzecz ciebie upoważnił RiseSmart.
5. Oświadczenia i zapewnienia.
W związku z użytkowaniem, zobowiązujesz się NIE: naruszać żadnych lokalnych, stanowych lub federalnych zasad, przepisów ani statutów żadnej jurysdykcji, w tym między innymi przepisów ustawowych i wykonawczych Stanów Zjednoczonych dotyczących eksportu, przepisów dotyczących przeciwdziałania dyskryminacji lub dotyczących równości szans w zakresie zatrudnienia; naruszać praw własności intelektualnej i w zakresie prywatności danych, w tym między innymi patentów, praw autorskich, znaków towarowych lub tajemnic handlowych stron trzecich; przesyłać, publikować, przekazywać ani przechowywać jakichkolwiek materiałów, które są niezgodne z prawem, obraźliwe, zniesławiające, nieuczciwe, zwodnicze, wprowadzające w błąd, szkodliwe, stanowiące groźbę, napastliwe, obsceniczne lub budzące zastrzeżenia; naruszają jakiekolwiek zobowiązania umowne lub dotyczące poufności; zakłócają lub przeszkadzają w normalnym funkcjonowaniu Usługi, jak np. umieszczanie lub przekazywanie wirusów, robaków, skryptów, makr lub wszelkiego rodzaju szkodliwych kodów, ciągłe umieszczanie powtarzających się materiałów lub umieszczanie rażąco dużych ilości danych; lub które nie są dozwolone przez RiseSmart, w tym między innymi nieautoryzowanych materiałów reklamowych, dobrowolnie umieszczanych materiałów promocyjnych, „niechcianej poczty”, „spamu”, „łańcuszków”, piramid finansowych, franczyz, dystrybucji, członkostwa w klubach, umów sprzedaży lub w inny sposób nieakceptowalnych materiałów; naruszać cudzych praw dotyczących ochrony prywatności lub dóbr osobistych poprzez nadużywanie Usługi, w tym między innymi nękanie lub „stalking” innej osoby, wysyłanie niechcianych wiadomości e-mail i zbieranie cudzych danych osobowych; naruszać ani próbować naruszyć jakichkolwiek środków bezpieczeństwa Usługi; używać jakichkolwiek urządzeń, procesów lub mechanizmów do monitorowania, odczytywania, wyszukiwania lub dostępu, np. pająka lub robota, do Usługi bez uprzedniej pisemnej zgody RiseSmart; uzyskiwać dostępu ani próbować uzyskać dostęp do konta lub loginu jakiejkolwiek osoby trzeciej wymienionej w ramach Usługi; ani publikować lub zatwierdzać niedokładne, fałszywe lub niekompletne informacje, takie jak CV, dane biograficzne lub informacje o zatrudnieniu; podszywać się pod jakąkolwiek osobę lub podmiot; fałszować jakichkolwiek informacji nagłówkowych w jakichkolwiek ogłoszeniach elektronicznych lub poczcie elektronicznej; ani fałszywie przedstawiać siebie, swoje powiązania z jakąkolwiek stroną trzecią lub podmiotem.
6. Zakończenie.
Masz prawo do zamknięcia swojego konta w dowolnym momencie zgodnie z procedurami określonymi na Witrynie lub przekazanymi ci oddzielnie, jeśli ma to zastosowanie. Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki, przyjmujesz do wiadomości, że twój dostęp do tej Usługi wygaśnie z chwilą wygaśnięcia lub zakończenia Zobowiązań wobec klientów spółki. RiseSmart zastrzega sobie prawo do (i) modyfikacji lub zaprzestania, tymczasowo lub na stałe, świadczenia Usługi (lub jakiejkolwiek jej części) oraz (ii) odmowy dowolnego obecnego i przyszłego wykorzystania Usługi, zawieszenia lub zamknięcia twojego konta (jakiejkolwiek jego części) lub korzystania z Usługi oraz usunięcia i odrzucenia jakiekolwiek Twojej zawartości w Usłudze, z jakiegokolwiek powodu, w tym jeżeli RiseSmart uzna, że naruszyłeś(-łaś) niniejsze WŚU. RiseSmart nie ponosi odpowiedzialności wobec ciebie ani osób trzecich za jakiekolwiek modyfikacje, zawieszenie lub zaprzestanie świadczenia Usługi. RiseSmart dołoży wszelkich starań podejmowanych w dobrej wierze w celu skontaktowania się z tobą, aby ostrzec cię przed zawieszeniem lub zamknięciem twojego konta przez RiseSmart. Wszelka Twoja zawartość w ramach Usługi (jeśli taka istnieje) może zostać trwale usunięta przez RiseSmart po każdym usunięciu twojego konta według własnego uznania RiseSmart. Jeżeli RiseSmart zamknie twoje konto bez podania przyczyny, a ty podpisałeś(-łaś) umowę na płatną usługę, jeżeli ma to zastosowanie (z wyłączeniem Zobowiązań wobec klientów spółki), RiseSmart zwróci proporcjonalną, pozostałą część każdej kwoty, którą zapłaciłeś(-łaś) z góry na rzecz RiseSmart za tę Usługę. Jednakże wszystkie nabyte prawa do płatności oraz warunki określone w pkt 4–12 obowiązują po wygaśnięciu niniejszych WŚU.
7. ZRZECZENIE SIĘ ODPOWIEDZIALNOŚCI.
USŁUGA, W TYM WITRYNA, ZAWARTOŚĆ (W TYM MIĘDZY INNYMI OFERTY PRACY I ROZWOJU KARIERY ZAWODOWEJ, REKOMENDACJE I ANALIZY) ORAZ WSZYSTKIE ELEMENTY SERWERÓW I SIECI SĄ DOSTARCZANE W AKTUALNYM STANIE I W MIARĘ DOSTĘPNOŚCI, BEZ ŻADNYCH GWARANCJI JAKIEGOKOLWIEK RODZAJU, A RISESMART WYRAŹNIE WYŁĄCZA ODPOWIEDZIALNOŚĆ Z TYTUŁU JAKICHKOLWIEK GWARANCJI, WYRAŹNYCH LUB DOROZUMIANYCH, W TYM MIĘDZY INNYMI DOROZUMIANYCH GWARANCJI PRZYDATNOŚCI HANDLOWEJ, TYTUŁU PRAWNEGO, PRZYDATNOŚCI DO OKREŚLONEGO CELU I NIENARUSZALNOŚCI. PRZYJMUJESZ DO WIADOMOŚCI, ŻE RISESMART NIE GWARANTUJE, ŻE USŁUGA BĘDZIE NIEPRZERWANA, TERMINOWA, BEZPIECZNA, WOLNA OD BŁĘDÓW LUB WIRUSÓW, A ŻADNE INFORMACJE, PORADY LUB USŁUGI UZYSKANE PRZEZ CIEBIE OD RISESMART LUB ZA POŚREDNICTWEM USŁUGI NIE BĘDĄ STANOWIŁY GWARANCJI, KTÓRA NIE ZOSTAŁA WYRAŹNIE OKREŚLONA W NINIEJSZYCH WŚU. NIE OGRANICZAJĄC OGÓLNEGO CHARAKTERU POWYŻSZEGO, JEŚLI JESTEŚ OSOBĄ POSZUKUJĄCĄ PRACY LUB ROZWOJU ZAWODOWEGO, (A) PRZYJMUJESZ DO WIADOMOŚCI I WYRAŻASZ ZGODĘ NA TO, ŻE OFERTY PRACY, KTÓRE RISESMART MOŻE ZAMIESZCZAĆ NA TWOIM KONCIE, SĄ OTRZYMYWANE OD OSÓB TRZECICH BEZ JAKIEJKOLWIEK WERYFIKACJI ORAZ ŻE (B) RISESMART NIE GWARANTUJE, ŻE OFERTY PRACY LUB INNE INFORMACJE BĘDĄ DOKŁADNE LUB ZGODNE Z PRAWEM, ŻE Z POWODZENIEM UZYSKASZ ZATRUDNIENIE LUB ROZWÓJ KARIERY POPRZEZ KORZYSTANIE Z USŁUGI, LUB ŻE JAKIEKOLWIEK ZATRUDNIENIE LUB ROZWÓJ KARIERY, KTÓRE ZNAJDZIESZ POPRZEZ KORZYSTANIE Z USŁUGI, BĘDĄ ODPOWIADAĆ TWOIM POTRZEBOM LUB BĘDĄ ODPOWIEDNIE DLA CIEBIE. W żadnym wypadku RiseSmart nie ponosi odpowiedzialności za żadną zawartość lub materiały osób trzecich (w tym użytkowników), w tym między innymi za błędy lub pominięcia w jakiejkolwiek zawartości, ani za żadne straty lub szkody poniesione w wyniku korzystania z tej zawartości. Przyjmujesz do wiadomości, że RiseSmart nie wyświetla podglądu Zawartości, ale RiseSmart i osoby przez RiseSmart wyznaczone będą miały prawo (ale nie obowiązek) według własnego uznania odmówić lub usunąć wszelką zawartość, która jest dostępna za pośrednictwem Usługi. Wyrażasz zgodę na to, że musisz ocenić wykorzystanie wszelkiej zawartości i ponieść wszelkie związane z tym ryzyko, w tym poleganie na dokładności, kompletności lub przydatności tej zawartości.
8. OGRANICZENIE ODPOWIEDZIALNOŚCI.
8.1 W ŻADNYM WYPADKU ORAZ NA PODSTAWIE ŻADNEJ TEORII PRAWNEJ (CZY TO W RAMACH ODPOWIEDZIALNOŚCI KONTRAKTOWEJ, DELIKTOWEJ, CZY TEŻ W INNY SPOSÓB) RISESMART NIE PONOSI ODPOWIEDZIALNOŚCI WOBEC CIEBIE LUB JAKIEJKOLWIEK STRONY TRZECIEJ ZA (A) JAKIEKOLWIEK POŚREDNIE, PRZYPADKOWE, SZCZEGÓLNE, PRZYKŁADOWE, WYNIKOWE SZKODY LUB ODSZKODOWANIA RETORSYJNE, W TYM ZA UTRATĘ KORZYŚCI, SPRZEDAŻY LUB DZIAŁALNOŚCI, UTRATĘ DANYCH LUB PRZERWANIE DZIAŁALNOŚCI, ANI (B) ZA WSZELKIE BEZPOŚREDNIE SZKODY, KOSZTY, STRATY LUB ZOBOWIĄZANIA PRZEKRACZAJĄCE OPŁATY FAKTYCZNIE PONIESIONE PRZEZ CIEBIE W CIĄGU SZEŚCIU (6) MIESIĘCY POPRZEDZAJĄCYCH ZDARZENIE POWODUJĄCE POWSTANIE ROSZCZENIA LUB, JEŚLI NIE MA ZASTOSOWANIA ŻADNA OPŁATA, ZA STO (100 $) DOLARÓW AMERYKAŃSKICH. PRZEPISY NINIEJSZEGO PUNKTU ROZDZIELAJĄ RYZYKO WYNIKAJĄCE Z NINIEJSZYCH WŚU POMIĘDZY STRONY, A STRONY OPARŁY SIĘ NA TYCH OGRANICZENIACH PRZY USTALANIU, CZY PRZYSTĄPIĆ DO NINIEJSZYCH WŚU.
8.2 Niektóre stany nie zezwalają na zrzeczenie się lub wyłączenie dorozumianych gwarancji lub ograniczenia odpowiedzialności za szkody przypadkowe lub wynikowe, co oznacza, że niektóre z powyższych ograniczeń w punkcie 7 (Zrzeczenie się odpowiedzialności) i 8 (Ograniczenie odpowiedzialności) mogą nie mieć zastosowania lub nie być możliwe do wyegzekwowania w odniesieniu do ciebie. W TYCH STANACH ODPOWIEDZIALNOŚĆ RISESMART BĘDZIE OGRANICZONA W NAJWIĘKSZYM ZAKRESIE DOPUSZCZALNYM PRZEZ PRAWO. JEŚLI JESTEŚ UŻYTKOWNIKIEM Z NEW JERSEY, PUNKTY 7 (ZRZECZENIE SIĘ ODPOWIEDZIALNOŚCI) I 8 (OGRANICZENIE ODPOWIEDZIALNOŚCI) BĘDĄ MIAŁY TYLKO TAKI ZASIĘG, JAKI JEST DOZWOLONY PRZEZ PRAWO NEW JERSEY. JEŻELI JAKAKOLWIEK CZĘŚĆ TYCH PUNKTÓW ZOSTANIE UZNANA ZA NIEWAŻNĄ NA MOCY PRAWA NEW JERSEY, NIEWAŻNOŚĆ TEJ CZĘŚCI NIE MA WPŁYWU NA WAŻNOŚĆ POZOSTAŁYCH CZĘŚCI DANEGO PUNKTU.
9. Zabezpieczenie.
Zobowiązujesz się zabezpieczyć i zwolnić RiseSmart z odpowiedzialności z tytułu wszelkich roszczeń, działań i żądań, w tym między innymi uzasadnionych prawnie i księgowo opłat, wynikających z naruszenia przez ciebie niniejszych WŚU, jakiejkolwiek z Twojej zawartości lub innego dostępu, wkładu do, korzystania lub niewłaściwego korzystania z Usługi. RiseSmart powiadomi cię o każdym takim roszczeniu, pozwie lub żądaniu. RiseSmart zastrzega sobie prawo do przejęcia wyłącznej obrony i kontroli nad każdą sprawą podlegającą odszkodowaniu na mocy niniejszego punktu. W takim przypadku wyrażasz zgodę na współpracę w zakresie wszelkich uzasadnionych wniosków, pomagając RiseSmart w obronie takiej sprawy. Niezależnie od powyższego nie będziesz mieć obowiązku wypłaty odszkodowania, obrony lub zwolnienia RiseSmart z odpowiedzialności z tytułu jakichkolwiek roszczeń, działań lub żądań w zakresie wynikającym z jakiegokolwiek działania lub zaniechania działania przez RiseSmart.
10. Cesja.
Nie możesz scedować niniejszych WŚU bez uprzedniej pisemnej zgody RiseSmart, ale RiseSmart może scedować lub przenieść niniejsze WŚU, w całości lub w części, bez ograniczeń.
11. Prawo właściwe.
Niniejsze WŚU podlegają prawu stanu Kalifornia bez względu na zasady kolizji praw. O ile RiseSmart nie postanowi inaczej w danym przypadku, niniejszym wyraźnie wyrażasz zgodę na poddanie się wyłącznej osobowej jurysdykcji sądów federalnych i stanowych Stanu Kalifornia w celu rozwiązania wszelkich sporów związanych z twoim dostępem do Usługi lub korzystaniem z niej.
12. DMCA.
Ustawa Digital Millennium Copyright Act z 1998 roku („DMCA”) przewiduje możliwość dochodzenia swoich praw przez właścicieli praw autorskich, którzy uważają, że materiał pojawiający się w Internecie narusza ich prawa wynikające z prawa autorskiego Stanów Zjednoczonych. RiseSmart zobowiązuje się niezwłocznie przetwarzać i badać zawiadomienia o domniemanym naruszeniu oraz podejmować odpowiednie działania na mocy DMCA i innych obowiązujących przepisów dotyczących własności intelektualnej w odniesieniu do wszelkich domniemanych lub rzeczywistych naruszeń. Powiadomienie o domniemanym naruszeniu praw autorskich powinno zostać przesłane pocztą elektroniczną do Agenta ds. praw autorskich RiseSmart na adres user.support@risesmart.com (Temat wiadomości: „DMCA Takedown Request”). Możesz również skontaktować się z RiseSmart pocztą pod adresem:
Attention: Copyright Agent
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
Uwaga: Aby zgłoszenie było skuteczne, musi mieć formę pisemną i zawierać następujące informacje:
opis utworu chronionego prawem autorskim lub innej własności intelektualnej, która według ciebie została naruszona;
twój adres, numer telefonu i adres e-mail;
twoje oświadczenie, że jesteś w dobrej wierze przekonany(-na), iż kwestionowane wykorzystanie nie jest autoryzowane przez właściciela praw autorskich lub własności intelektualnej, jego agenta lub prawo;
13. 1. Oprogramowanie obsługiwane przez Apple.
RiseSmart oferuje Oprogramowanie, które jest przeznaczone do wykorzystywania w związku z produktami udostępnianymi na rynku przez Apple Inc. („Apple”) wśród innych platform. W odniesieniu do Oprogramowania udostępnianego do twojego użytku w związku z produktem marki Apple (takie Oprogramowanie zwane jest dalej „Oprogramowaniem obsługiwanym przez Apple”), oprócz innych warunków określonych w niniejszych WŚU, zastosowanie mają następujące warunki:
Oświadczasz i zapewniasz, że (i) nie znajdujesz się w kraju, na który rząd USA nałożył embargo lub który został wyznaczony przez rząd USA jako kraj „wspierający terroryzm”; oraz że (ii) nie znajdujesz się na żadnej liście stron objętych zakazem lub ograniczeniami rządu USA.
RiseSmart, Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
RiseSmart wraz z tobą przyjmuje do wiadomości i akceptuje fakt, że Apple oraz spółki zależne Apple są osobami trzecimi będącymi beneficjentami niniejszych WŚU w odniesieniu do Oprogramowania obsługiwanego przez Apple oraz że po zaakceptowaniu przez ciebie warunków niniejszych WŚU Apple będzie miało prawo (i prawo to uznaje się za zaakceptowane) do egzekwowania od ciebie przestrzegania niniejszych WŚU w odniesieniu do Oprogramowania obsługiwanego przez Apple jako strona trzecia będąca beneficjentem.
- Więcej informacji znajduje się pod adresem: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Linki do innych Witryn.
Usługa może zawierać linki do witryn internetowych osób trzecich. Linki te podane są wyłącznie jako udogodnienie dla ciebie, a nie jako potwierdzenie przez RiseSmart zawartości takich witryn internetowych osób trzecich. RiseSmart nie ponosi odpowiedzialności za zawartość witryn internetowych osób trzecich, do których prowadzą linki, i nie składa żadnych oświadczeń dotyczących zawartości lub dokładności materiałów na tych witrynach internetowych osób trzecich. Jeśli zdecydujesz na dostęp do witryn internetowych osób trzecich, do których prowadzą linki, robisz to na własne ryzyko.
15. Urządzenia przenośne.
W przypadku korzystania z Usługi za pośrednictwem urządzenia przenośnego wyrażasz zgodę na przekazywanie RiseSmart informacji o korzystaniu przez ciebie z Usługi za pośrednictwem urządzenia przenośnego oraz operatora, w tym między innymi o twoim operatorze telefonii komórkowej, urządzeniu przenośnym lub twojej fizycznej lokalizacji. Ponadto korzystanie z Usługi za pośrednictwem urządzenia przenośnego może spowodować wyświetlanie danych na twoim urządzeniu przenośnym i za jego pośrednictwem. Uzyskując dostęp do Usługi za pomocą urządzenia przenośnego, oświadczasz, że w zakresie, w jakim importujesz jakiekolwiek swoje dane RiseSmart na urządzenie przenośne, posiadasz uprawnienia do udostępniania przekazywanych danych swojemu operatorowi telefonii komórkowej lub innemu dostawcy dostępu. W przypadku zmiany lub dezaktywacji twojego urządzenia przenośnego / konta, masz obowiązek upewnić się, że twoje konto (oraz wszelkie związane z nim wiadomości (jeśli ma to zastosowanie)) nie jest dostępne dla innej strony (lub wysłane do innej strony), a za niewypełnienie tego obowiązku odpowiedzialność ponosisz ty. Przyjmujesz do wiadomości, że ponosisz odpowiedzialność za wszelkie opłaty i niezbędne zezwolenia związane z dostępem do Usługi za pośrednictwem swojego urządzenia przenośnego i operatora. Dlatego też w celu uzyskania informacji na temat warunków świadczenia tych usług dla twojego urządzenia przenośnego musisz skontaktować się ze swoim operatorem. Korzystając z dowolnej aplikacji do pobrania w celu umożliwienia korzystania przez ciebie z Usługi, wyraźnie potwierdzasz swoją akceptację warunków Umowy licencyjnej użytkownika końcowego związanej z aplikacją i udostępnionej w momencie pobrania lub instalacji, wraz z wszelkimi dokonywanymi aktualizacjami.
Effective May 28th 2020 to November 21st 2022
DownloadTable of Contents
1. Akceptacja warunków.
Spółka RiseSmart, Inc. i jej podmioty powiązane (zwane łącznie „RiseSmart”) świadczą swoją Usługę (zgodnie z definicją poniżej) na rzecz ciebie za pośrednictwem witryn internetowych znajdujących się pod kontrolą RiseSmart (w tym, bez ograniczeń, na witrynie internetowej znajdującej się pod adresem http://www.RiseSmart.com) (zwanych łącznie „Witryną”), zgodnie ze swoimi Warunkami świadczenia usług (niniejsze „WŚU”). Akceptując niniejsze WŚU, uzyskując dostęp lub korzystając z Usługi lub Witryny, potwierdzasz, że zapoznałeś(-łaś) się z niniejszymi WŚU, zrozumiałeś(-łaś) je i zgadzasz się ich przestrzegać. Jeśli nie zgadzasz z niniejszymi WŚU, nie możesz zaakceptować tych WŚU i korzystać z Usługi.
1.2 RiseSmart może bez uprzedzenia zmieniać niniejsze WŚU. Zmienione warunki wejdą w życie z chwilą ich opublikowania, a jeśli będziesz korzystać z Usługi po tej dacie, będzie to oznaczało akceptację zmienionych warunków. Jeśli jakakolwiek zmiana niniejszych WŚU nie jest dla ciebie akceptowalna, jedynym środkiem zaradczym jest zaprzestanie dostępu do Usługi i korzystania z niej.
2. Opis Usługi.
„Usługa” obejmuje (a) Witrynę, (b) Usługi RiseSmart w zakresie reorientacji zawodowej i zarządzania karierą oraz inne powiązane usługi (w tym zarządzanie plikami i usługi analityczne), a także powiązane technologie i aplikacje (w tym, bez ograniczeń, aplikacje i usługi dostępne za pośrednictwem dowolnego interfejsu mobilnego lub innego, który umożliwia dostęp do takich aplikacji i usług), oraz (c) wszelkie oprogramowanie (w tym Oprogramowanie zdefiniowane poniżej), materiały, portale, rekomendacje, oferty pracy, dane, raporty, tekst, obrazy, dźwięki, nagrania wideo, analizy i inne treści udostępniane za pośrednictwem któregokolwiek z powyższych elementów (łącznie zwane „Zawartością”). Wszelkie nowe funkcje dodane do Usługi lub rozszerzające ją również podlegają niniejszym WŚU.
3. Ogólne warunki / dostęp i korzystanie z Usługi.
3.1 Z zastrzeżeniem warunków niniejszych WŚU, możesz uzyskać dostęp do Usługi i korzystać z niej tylko w celach zgodnych z prawem. Wszelkie prawa, tytuły własności i udziały w Usłudze i jej komponentach pozostają w posiadaniu i należą wyłącznie do RiseSmart. Nie będziesz (i nie możesz zezwalać na to osobom trzecim) (a) kopiować, powielać, modyfikować, usuwać, rozpowszechniać, pobierać, przechowywać, przekazywać, publikować, tworzyć utworów zależnych, odtwarzać kodu źródłowego, deasemblować lub w inny sposób próbować, bezpośrednio lub pośrednio, odkryć jakikolwiek kod źródłowy, sprzedawać, udzielać sublicencji, odsprzedawać, wynajmować, wydzierżawiać, przekazywać, cedować lub wypożyczać Usługi ani w inny sposób komercyjnie wykorzystywać lub udostępniać Usługi osobom trzecim; (b) korzystać z Usługi w sposób niezgodny z prawem (w tym między innymi z naruszeniem jakichkolwiek przepisów dotyczących danych, ochrony prywatności lub kontroli eksportu) ani w sposób kolidujący z integralnością lub działaniem Usługi lub jej komponentów lub zakłócający je, (c) modyfikować, adaptować ani włamywać się do Usługi ani podejmować innych prób uzyskania nieautoryzowanego dostępu do Usługi lub związanych z nim systemów lub sieci; ani też(d) wykorzystywać jakiejkolwiek Zawartości na innych witrynach internetowych lub w innych mediach (np. środowisko sieciowe). Zobowiązujesz się stosować do wszelkich kodeksów postępowania, polityk lub innych powiadomień, które RiseSmart ci udostępni lub opublikuje w związku z Usługą, a także niezwłocznie powiadomisz RiseSmart w przypadku uzyskania informacji o naruszeniu bezpieczeństwa związanego z Usługą. Ponadto, podczas korzystania z niektórych usług, będziesz podlegać wszelkim dodatkowym warunkom mającym zastosowanie do takich usług, które mogą być publikowane w ramach Usługi, w tym, bez ograniczeń, Polityce prywatności RiseSmart.
3.2 Wszelkie oprogramowanie, które może zostać udostępnione przez RiseSmart w związku z Usługą („Oprogramowanie”), zawiera informacje zastrzeżone i poufne, które są chronione przez obowiązujące przepisy w zakresie prawa własności intelektualnej i inne. Zgodnie z warunkami niniejszych WŚU RiseSmart niniejszym udziela ci osobistego, niezbywalnego, niepodlegającego możliwości udzielania dalszych licencji i niewyłącznego prawa i licencji na użytkowanie kodu obiektowego wszelkiego Oprogramowania na jednym urządzeniu wyłącznie w związku z Usługą. Zobowiązujesz się nie uzyskiwać dostępu do Usługi w sposób inny niż za pośrednictwem interfejsu udostępnionego przez RiseSmart w celu korzystania z Usługi. Wszelkie prawa, które nie zostały wyraźnie przyznane w niniejszym dokumencie, są zastrzeżone i nie udziela się żadnej licencji ani prawa do używania jakiegokolwiek znaku towarowego RiseSmart lub jakiejkolwiek strony trzeciej w związku z Usługą.
3.3 Ponosisz wyłączną odpowiedzialność za wszystkie dane, informacje, opinie, sugestie, tekst, zawartość i inne materiały, które zamieszczasz, publikujesz, dostarczasz, podajesz lub w inny sposób przekazujesz lub przechowuje (zwane dalej „Przekazywaniem”) w związku z Usługą („Twoja zawartość”). Niniejszym oświadczasz i gwarantujesz, że Twoja zawartość przekazywana przez ciebie w odniesieniu do Usługi (a) jest dokładna, prawdziwa, zgodna z prawem, przyzwoita, uczciwa i kompletna (w tym między innymi w odniesieniu do życiorysu, danych biograficznych i informacji o zatrudnieniu, jeśli korzystasz z Usługi jako osoba poszukująca pracy lub poszukująca możliwości rozwoju kariery) oraz (b) jest wolna od błędów, robaków i wirusów. Wyrażasz zgodę na to, że RiseSmart może usunąć Twoją zawartość z Usługi, jeżeli uzna, że naruszasz powyższe zdanie lub zgodnie z innymi warunkami niniejszych WŚU. Ponosisz odpowiedzialność za zachowanie poufności swojego loginu, hasła i konta oraz za wszystkie działania, które mają miejsce pod twoim loginem lub kontem. RiseSmart zastrzega sobie prawo dostępu do twojego konta w celu odpowiedzi na twoje prośby o pomoc techniczną. Przesyłając Twoją zawartość w ramach Usługi lub za jej pośrednictwem, niniejszym udzielasz i będziesz udzielać RiseSmart ogólnoświatowej, niewyłącznej, wieczystej, nieodwołalnej, nieodpłatnej, w pełni opłaconej, podlegającej możliwości udzielania dalszych licencji i zbywalnej licencji na użytkowanie, modyfikowanie, powielanie, dystrybucję, wyświetlanie, publikowanie i wykonywanie Twojej zawartości w związku z Usługą. RiseSmart ma prawo, ale nie obowiązek, do wyświetlania i monitorowania Usługi, Zawartości oraz Twojej zawartości. Ponadto wyrażasz zgodę na to, że RiseSmart może usunąć lub wyłączyć dostęp do wszelkiej Zawartości w dowolnym momencie i z dowolnej przyczyny (w tym między innymi po otrzymaniu roszczeń lub zarzutów od osób trzecich lub organów związanych z daną Zawartością) lub bez żadnego powodu.
3.4 Przyjmujesz do wiadomości, że działanie Usługi, w tym Twojej zawartości, może być niezaszyfrowane i może obejmować (a) transmisję za pośrednictwem różnych sieci, (b) zmiany mające na celu dostosowanie do wymogów technicznych związanych z podłączeniem sieci lub urządzeń, (c) transmisję do zewnętrznych dostawców i partnerów hostingowych RiseSmart w celu zapewnienia niezbędnego sprzętu, oprogramowania, sieci, pamięci i powiązanej technologii wymaganej do obsługi i utrzymania Usługi oraz (d) transmisję do innych stron trzecich w związku z dostarczeniem ci Usługi. W związku z tym potwierdzasz, że ponosi wyłączną odpowiedzialność za odpowiednie bezpieczeństwo, ochronę i tworzenie kopii zapasowych Twojej zawartości. RiseSmart nie będzie ponosić żadnej odpowiedzialności wobec ciebie za nieautoryzowany dostęp lub wykorzystanie jakiejkolwiek Twojej zawartości ani za uszkodzenie, usunięcie, zniszczenie lub utratę jakiejkolwiek Twojej zawartości.
3.5 Jeśli jesteś osobą poszukującą pracy lub możliwości rozwoju kariery, zgadzasz się ponadto kierować własnym osądem, ostrożnością i zdrowym rozsądkiem w zarządzaniu ofertami pracy i innymi informacjami oferowanymi w ramach lub za pośrednictwem Usługi i ponosisz wyłączne ryzyko związane z poleganiem na jakiejkolwiek Zawartości (w tym ofertach pracy, poradach dotyczących kariery lub rekomendacjach) dostarczanej za pośrednictwem Usługi.
3.6 Niewykonanie lub niewyegzekwowanie przez RiseSmart jakiegokolwiek prawa lub postanowienia niniejszych WŚU nie stanowi zrzeczenia się tego prawa. Przyjmujesz do wiadomości, że niniejsze WŚU stanowią umowę pomiędzy tobą a RiseSmart, nawet jeśli są one elektroniczne i nie są fizycznie podpisane przez ciebie i RiseSmart, oraz regulują korzystanie z Usługi i zastępują wszelkie wcześniejsze podobne umowy pomiędzy tobą a RiseSmart.
3.7 Przyjmujesz do wiadomości, że klient spółki RiseSmart może zaangażować RiseSmart do pomocy (a) obecnym i/lub byłym pracownikom klienta spółki, którzy byli lub będą zwolnieni z zatrudnienia u danego klienta spółki, w poszukiwaniu zatrudnienia za pośrednictwem Usługi („Pomoc w reorientacji zawodowej”) lub (b) obecnym pracownikom klienta spółki w rozwoju kariery zawodowej w ramach Usługi („Pomoc w rozwoju kariery”), ((a) i (b) łącznie zwane „Zobowiązaniami wobec klientów spółki”). Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki w zakresie Pomocy w reorientacji zawodowej, RiseSmart może udostępnić klientowi spółki raporty o postępach i inne informacje, które cię identyfikują oraz wskazują status korzystania przez ciebie z Usługi, zakres korzystania z Usługi, postępy w osiąganiu kamieni milowych i status w poszukiwaniu pracy, twoje zadowolenie klienta lub inne informacje zwrotne związane z Usługą, w każdym przypadku indywidualnie lub w sposób zbiorczy. Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki w zakresie Pomocy w rozwoju kariery, RiseSmart może udostępnić klientowi spółki raporty o postępach i inne informacje, które cię identyfikują oraz wskazują status korzystania przez ciebie z Usługi, zakres korzystania z Usługi, postępy w osiąganiu kamieni milowych i status w poszukiwaniu pracy lub rozwoju zawodowym, twoje zadowolenie klienta lub inne informacje zwrotne związane z Usługą, w każdym przypadku w sposób zbiorczy. Więcej informacji na temat zbierania, wykorzystywania i udostępniania przez RiseSmart informacji podanych przez ciebie i klientów spółki w związku z realizacją Zobowiązań wobec klientów spółki można znaleźć w Polityce prywatności RiseSmart.
3.8. Jeżeli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki, przyjmujesz do wiadomości, że udostępniona ci Usługa w żadnym wypadku nie przekroczy zakresu, czasu trwania ani innych ograniczeń Zobowiązań wobec klientów spółki, zgodnie z którymi otrzymujesz dostęp do Usługi.
3.9 Wyrażasz zgodę na to, że RiseSmart (a) może ustanowić ogólne praktyki i ograniczenia dotyczące korzystania z Usługi, w tym między innymi maksymalny okres, przez jaki Zawartość lub dowolna z Twoich zawartości będzie przechowywana w ramach Usługi oraz maksymalną przestrzeń dyskową, która zostanie przydzielona w twoim imieniu, (b) RiseSmart nie ponosi odpowiedzialności za usunięcie lub nieprzechowanie jakiejkolwiek Zawartości lub Twojej zawartości utrzymywanej lub przesłanej do Usługi, oraz (c) może chronić Zawartość i wszelką Twoją zawartość, a także może ujawnić Zawartość i Twoją zawartość, jeżeli jest to wymagane przez prawo lub w dobrej wierze, w przekonaniu, że takie zachowanie lub ujawnienie jest w uzasadniony sposób konieczne, aby: (i) zastosować się do procedur prawnych, obowiązujących przepisów lub żądań organów rządowych; (ii) egzekwować niniejsze WŚU; (iii) odpowiadać na roszczenia, że jakakolwiek Zawartość lub cokolwiek z Twojej zawartości narusza prawa osób trzecich; lub (iv) chronić prawa, własność lub bezpieczeństwo osobiste RiseSmart, jego użytkowników i społeczeństwa. Ponadto wyrażasz zgodę na to, że RiseSmart może usunąć lub wyłączyć dostęp do wszelkiej Zawartości lub Twojej zawartości w dowolnym momencie i z dowolnej przyczyny (w tym między innymi po otrzymaniu roszczeń lub zarzutów od osób trzecich lub organów związanych z daną Zawartością lub Twoją zawartością) lub bez żadnego powodu.
4. Płatność.
W zakresie, w jakim Usługa lub jakakolwiek jej część jest udostępniana za jakąkolwiek opłatą (i nie jest w inny sposób opłacana przez klienta spółki RiseSmart), będziesz musiał(a) wybrać plan płatności i dostarczyć RiseSmart informacje dotyczące twojej karty kredytowej lub innego instrumentu płatniczego. Oświadczasz i gwarantujesz RiseSmart, że informacje te są prawdziwe i że posiadasz upoważnienie do korzystania z danego instrumentu płatniczego. Niezwłocznie zaktualizujesz informacje o swoim koncie o wszelkie zmiany (na przykład zmianę w swoim adresie rozliczeniowym lub dacie ważności karty kredytowej), które mogą wystąpić. Zobowiązujesz się zapłacić RiseSmart kwotę określoną w planie płatności zgodnie z warunkami tego planu i niniejszymi WŚU. Niniejszym upoważniasz RiseSmart do okresowego obciążania twojego instrumentu płatniczego z góry, zgodnie z warunkami obowiązującego planu płatności, do momentu zamknięcia konta, a ponadto wyrażasz zgodę na uiszczanie wszelkich poniesionych w ten sposób opłat. Jeśli kwestionujesz jakiekolwiek opłaty, musisz poinformować o tym RiseSmart w ciągu sześćdziesięciu (60) dni od daty wystawienia faktury przez RiseSmart. RiseSmart zastrzega sobie prawo do zmiany cen RiseSmart w dowolnym momencie. Jeśli RiseSmart zmieni swoje ceny, powiadomi o zmianie na Witrynie lub w wiadomości e-mail do ciebie, według uznania RiseSmart, co najmniej 30 dni przed wejściem zmiany w życie. Dalsze korzystanie z Usługi po wejściu w życie zmiany ceny stanowi zgodę na zapłacenie zmienionej kwoty. Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki, to dany klient spółki zostanie obciążony opłatą za dany Pakiet usług, do świadczenia którego na rzecz ciebie upoważnił RiseSmart.
5. Oświadczenia i zapewnienia.
W związku z użytkowaniem, zobowiązujesz się NIE: naruszać żadnych lokalnych, stanowych lub federalnych zasad, przepisów ani statutów żadnej jurysdykcji, w tym między innymi przepisów ustawowych i wykonawczych Stanów Zjednoczonych dotyczących eksportu, przepisów dotyczących przeciwdziałania dyskryminacji lub dotyczących równości szans w zakresie zatrudnienia; naruszać praw własności intelektualnej i w zakresie prywatności danych, w tym między innymi patentów, praw autorskich, znaków towarowych lub tajemnic handlowych stron trzecich; przesyłać, publikować, przekazywać ani przechowywać jakichkolwiek materiałów, które są niezgodne z prawem, obraźliwe, zniesławiające, nieuczciwe, zwodnicze, wprowadzające w błąd, szkodliwe, stanowiące groźbę, napastliwe, obsceniczne lub budzące zastrzeżenia; naruszają jakiekolwiek zobowiązania umowne lub dotyczące poufności; zakłócają lub przeszkadzają w normalnym funkcjonowaniu Usługi, jak np. umieszczanie lub przekazywanie wirusów, robaków, skryptów, makr lub wszelkiego rodzaju szkodliwych kodów, ciągłe umieszczanie powtarzających się materiałów lub umieszczanie rażąco dużych ilości danych; lub które nie są dozwolone przez RiseSmart, w tym między innymi nieautoryzowanych materiałów reklamowych, dobrowolnie umieszczanych materiałów promocyjnych, „niechcianej poczty”, „spamu”, „łańcuszków”, piramid finansowych, franczyz, dystrybucji, członkostwa w klubach, umów sprzedaży lub w inny sposób nieakceptowalnych materiałów; naruszać cudzych praw dotyczących ochrony prywatności lub dóbr osobistych poprzez nadużywanie Usługi, w tym między innymi nękanie lub „stalking” innej osoby, wysyłanie niechcianych wiadomości e-mail i zbieranie cudzych danych osobowych; naruszać ani próbować naruszyć jakichkolwiek środków bezpieczeństwa Usługi; używać jakichkolwiek urządzeń, procesów lub mechanizmów do monitorowania, odczytywania, wyszukiwania lub dostępu, np. pająka lub robota, do Usługi bez uprzedniej pisemnej zgody RiseSmart; uzyskiwać dostępu ani próbować uzyskać dostęp do konta lub loginu jakiejkolwiek osoby trzeciej wymienionej w ramach Usługi; ani publikować lub zatwierdzać niedokładne, fałszywe lub niekompletne informacje, takie jak CV, dane biograficzne lub informacje o zatrudnieniu; podszywać się pod jakąkolwiek osobę lub podmiot; fałszować jakichkolwiek informacji nagłówkowych w jakichkolwiek ogłoszeniach elektronicznych lub poczcie elektronicznej; ani fałszywie przedstawiać siebie, swoje powiązania z jakąkolwiek stroną trzecią lub podmiotem.
6. Zakończenie.
Masz prawo do zamknięcia swojego konta w dowolnym momencie zgodnie z procedurami określonymi na Witrynie lub przekazanymi ci oddzielnie, jeśli ma to zastosowanie. Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki, przyjmujesz do wiadomości, że twój dostęp do tej Usługi wygaśnie z chwilą wygaśnięcia lub zakończenia Zobowiązań wobec klientów spółki. RiseSmart zastrzega sobie prawo do (i) modyfikacji lub zaprzestania, tymczasowo lub na stałe, świadczenia Usługi (lub jakiejkolwiek jej części) oraz (ii) odmowy dowolnego obecnego i przyszłego wykorzystania Usługi, zawieszenia lub zamknięcia twojego konta (jakiejkolwiek jego części) lub korzystania z Usługi oraz usunięcia i odrzucenia jakiekolwiek Twojej zawartości w Usłudze, z jakiegokolwiek powodu, w tym jeżeli RiseSmart uzna, że naruszyłeś(-łaś) niniejsze WŚU. RiseSmart nie ponosi odpowiedzialności wobec ciebie ani osób trzecich za jakiekolwiek modyfikacje, zawieszenie lub zaprzestanie świadczenia Usługi. RiseSmart dołoży wszelkich starań podejmowanych w dobrej wierze w celu skontaktowania się z tobą, aby ostrzec cię przed zawieszeniem lub zamknięciem twojego konta przez RiseSmart. Wszelka Twoja zawartość w ramach Usługi (jeśli taka istnieje) może zostać trwale usunięta przez RiseSmart po każdym usunięciu twojego konta według własnego uznania RiseSmart. Jeżeli RiseSmart zamknie twoje konto bez podania przyczyny, a ty podpisałeś(-łaś) umowę na płatną usługę, jeżeli ma to zastosowanie (z wyłączeniem Zobowiązań wobec klientów spółki), RiseSmart zwróci proporcjonalną, pozostałą część każdej kwoty, którą zapłaciłeś(-łaś) z góry na rzecz RiseSmart za tę Usługę. Jednakże wszystkie nabyte prawa do płatności oraz warunki określone w pkt 4–12 obowiązują po wygaśnięciu niniejszych WŚU.
7. ZRZECZENIE SIĘ ODPOWIEDZIALNOŚCI.
USŁUGA, W TYM WITRYNA, ZAWARTOŚĆ (W TYM MIĘDZY INNYMI OFERTY PRACY I ROZWOJU KARIERY ZAWODOWEJ, REKOMENDACJE I ANALIZY) ORAZ WSZYSTKIE ELEMENTY SERWERÓW I SIECI SĄ DOSTARCZANE W AKTUALNYM STANIE I W MIARĘ DOSTĘPNOŚCI, BEZ ŻADNYCH GWARANCJI JAKIEGOKOLWIEK RODZAJU, A RISESMART WYRAŹNIE WYŁĄCZA ODPOWIEDZIALNOŚĆ Z TYTUŁU JAKICHKOLWIEK GWARANCJI, WYRAŹNYCH LUB DOROZUMIANYCH, W TYM MIĘDZY INNYMI DOROZUMIANYCH GWARANCJI PRZYDATNOŚCI HANDLOWEJ, TYTUŁU PRAWNEGO, PRZYDATNOŚCI DO OKREŚLONEGO CELU I NIENARUSZALNOŚCI. PRZYJMUJESZ DO WIADOMOŚCI, ŻE RISESMART NIE GWARANTUJE, ŻE USŁUGA BĘDZIE NIEPRZERWANA, TERMINOWA, BEZPIECZNA, WOLNA OD BŁĘDÓW LUB WIRUSÓW, A ŻADNE INFORMACJE, PORADY LUB USŁUGI UZYSKANE PRZEZ CIEBIE OD RISESMART LUB ZA POŚREDNICTWEM USŁUGI NIE BĘDĄ STANOWIŁY GWARANCJI, KTÓRA NIE ZOSTAŁA WYRAŹNIE OKREŚLONA W NINIEJSZYCH WŚU. NIE OGRANICZAJĄC OGÓLNEGO CHARAKTERU POWYŻSZEGO, JEŚLI JESTEŚ OSOBĄ POSZUKUJĄCĄ PRACY LUB ROZWOJU ZAWODOWEGO, (A) PRZYJMUJESZ DO WIADOMOŚCI I WYRAŻASZ ZGODĘ NA TO, ŻE OFERTY PRACY, KTÓRE RISESMART MOŻE ZAMIESZCZAĆ NA TWOIM KONCIE, SĄ OTRZYMYWANE OD OSÓB TRZECICH BEZ JAKIEJKOLWIEK WERYFIKACJI ORAZ ŻE (B) RISESMART NIE GWARANTUJE, ŻE OFERTY PRACY LUB INNE INFORMACJE BĘDĄ DOKŁADNE LUB ZGODNE Z PRAWEM, ŻE Z POWODZENIEM UZYSKASZ ZATRUDNIENIE LUB ROZWÓJ KARIERY POPRZEZ KORZYSTANIE Z USŁUGI, LUB ŻE JAKIEKOLWIEK ZATRUDNIENIE LUB ROZWÓJ KARIERY, KTÓRE ZNAJDZIESZ POPRZEZ KORZYSTANIE Z USŁUGI, BĘDĄ ODPOWIADAĆ TWOIM POTRZEBOM LUB BĘDĄ ODPOWIEDNIE DLA CIEBIE. W żadnym wypadku RiseSmart nie ponosi odpowiedzialności za żadną zawartość lub materiały osób trzecich (w tym użytkowników), w tym między innymi za błędy lub pominięcia w jakiejkolwiek zawartości, ani za żadne straty lub szkody poniesione w wyniku korzystania z tej zawartości. Przyjmujesz do wiadomości, że RiseSmart nie wyświetla podglądu Zawartości, ale RiseSmart i osoby przez RiseSmart wyznaczone będą miały prawo (ale nie obowiązek) według własnego uznania odmówić lub usunąć wszelką zawartość, która jest dostępna za pośrednictwem Usługi. Wyrażasz zgodę na to, że musisz ocenić wykorzystanie wszelkiej zawartości i ponieść wszelkie związane z tym ryzyko, w tym poleganie na dokładności, kompletności lub przydatności tej zawartości.
8. OGRANICZENIE ODPOWIEDZIALNOŚCI.
8.1 W ŻADNYM WYPADKU ORAZ NA PODSTAWIE ŻADNEJ TEORII PRAWNEJ (CZY TO W RAMACH ODPOWIEDZIALNOŚCI KONTRAKTOWEJ, DELIKTOWEJ, CZY TEŻ W INNY SPOSÓB) RISESMART NIE PONOSI ODPOWIEDZIALNOŚCI WOBEC CIEBIE LUB JAKIEJKOLWIEK STRONY TRZECIEJ ZA (A) JAKIEKOLWIEK POŚREDNIE, PRZYPADKOWE, SZCZEGÓLNE, PRZYKŁADOWE, WYNIKOWE SZKODY LUB ODSZKODOWANIA RETORSYJNE, W TYM ZA UTRATĘ KORZYŚCI, SPRZEDAŻY LUB DZIAŁALNOŚCI, UTRATĘ DANYCH LUB PRZERWANIE DZIAŁALNOŚCI, ANI (B) ZA WSZELKIE BEZPOŚREDNIE SZKODY, KOSZTY, STRATY LUB ZOBOWIĄZANIA PRZEKRACZAJĄCE OPŁATY FAKTYCZNIE PONIESIONE PRZEZ CIEBIE W CIĄGU SZEŚCIU (6) MIESIĘCY POPRZEDZAJĄCYCH ZDARZENIE POWODUJĄCE POWSTANIE ROSZCZENIA LUB, JEŚLI NIE MA ZASTOSOWANIA ŻADNA OPŁATA, ZA STO (100 $) DOLARÓW AMERYKAŃSKICH. PRZEPISY NINIEJSZEGO PUNKTU ROZDZIELAJĄ RYZYKO WYNIKAJĄCE Z NINIEJSZYCH WŚU POMIĘDZY STRONY, A STRONY OPARŁY SIĘ NA TYCH OGRANICZENIACH PRZY USTALANIU, CZY PRZYSTĄPIĆ DO NINIEJSZYCH WŚU.
8.2 Niektóre stany nie zezwalają na zrzeczenie się lub wyłączenie dorozumianych gwarancji lub ograniczenia odpowiedzialności za szkody przypadkowe lub wynikowe, co oznacza, że niektóre z powyższych ograniczeń w punkcie 7 (Zrzeczenie się odpowiedzialności) i 8 (Ograniczenie odpowiedzialności) mogą nie mieć zastosowania lub nie być możliwe do wyegzekwowania w odniesieniu do ciebie. W TYCH STANACH ODPOWIEDZIALNOŚĆ RISESMART BĘDZIE OGRANICZONA W NAJWIĘKSZYM ZAKRESIE DOPUSZCZALNYM PRZEZ PRAWO. JEŚLI JESTEŚ UŻYTKOWNIKIEM Z NEW JERSEY, PUNKTY 7 (ZRZECZENIE SIĘ ODPOWIEDZIALNOŚCI) I 8 (OGRANICZENIE ODPOWIEDZIALNOŚCI) BĘDĄ MIAŁY TYLKO TAKI ZASIĘG, JAKI JEST DOZWOLONY PRZEZ PRAWO NEW JERSEY. JEŻELI JAKAKOLWIEK CZĘŚĆ TYCH PUNKTÓW ZOSTANIE UZNANA ZA NIEWAŻNĄ NA MOCY PRAWA NEW JERSEY, NIEWAŻNOŚĆ TEJ CZĘŚCI NIE MA WPŁYWU NA WAŻNOŚĆ POZOSTAŁYCH CZĘŚCI DANEGO PUNKTU.
9. Zabezpieczenie.
Zobowiązujesz się zabezpieczyć i zwolnić RiseSmart z odpowiedzialności z tytułu wszelkich roszczeń, działań i żądań, w tym między innymi uzasadnionych prawnie i księgowo opłat, wynikających z naruszenia przez ciebie niniejszych WŚU, jakiejkolwiek z Twojej zawartości lub innego dostępu, wkładu do, korzystania lub niewłaściwego korzystania z Usługi. RiseSmart powiadomi cię o każdym takim roszczeniu, pozwie lub żądaniu. RiseSmart zastrzega sobie prawo do przejęcia wyłącznej obrony i kontroli nad każdą sprawą podlegającą odszkodowaniu na mocy niniejszego punktu. W takim przypadku wyrażasz zgodę na współpracę w zakresie wszelkich uzasadnionych wniosków, pomagając RiseSmart w obronie takiej sprawy. Niezależnie od powyższego nie będziesz mieć obowiązku wypłaty odszkodowania, obrony lub zwolnienia RiseSmart z odpowiedzialności z tytułu jakichkolwiek roszczeń, działań lub żądań w zakresie wynikającym z jakiegokolwiek działania lub zaniechania działania przez RiseSmart.
10. Cesja.
Nie możesz scedować niniejszych WŚU bez uprzedniej pisemnej zgody RiseSmart, ale RiseSmart może scedować lub przenieść niniejsze WŚU, w całości lub w części, bez ograniczeń.
11. Prawo właściwe.
Niniejsze WŚU podlegają prawu stanu Kalifornia bez względu na zasady kolizji praw. O ile RiseSmart nie postanowi inaczej w danym przypadku, niniejszym wyraźnie wyrażasz zgodę na poddanie się wyłącznej osobowej jurysdykcji sądów federalnych i stanowych Stanu Kalifornia w celu rozwiązania wszelkich sporów związanych z twoim dostępem do Usługi lub korzystaniem z niej.
12. DMCA.
Ustawa Digital Millennium Copyright Act z 1998 roku („DMCA”) przewiduje możliwość dochodzenia swoich praw przez właścicieli praw autorskich, którzy uważają, że materiał pojawiający się w Internecie narusza ich prawa wynikające z prawa autorskiego Stanów Zjednoczonych. RiseSmart zobowiązuje się niezwłocznie przetwarzać i badać zawiadomienia o domniemanym naruszeniu oraz podejmować odpowiednie działania na mocy DMCA i innych obowiązujących przepisów dotyczących własności intelektualnej w odniesieniu do wszelkich domniemanych lub rzeczywistych naruszeń. Powiadomienie o domniemanym naruszeniu praw autorskich powinno zostać przesłane pocztą elektroniczną do Agenta ds. praw autorskich RiseSmart na adres user.support@risesmart.com (Temat wiadomości: „DMCA Takedown Request”). Możesz również skontaktować się z RiseSmart pocztą pod adresem:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Uwaga: Aby zgłoszenie było skuteczne, musi mieć formę pisemną i zawierać następujące informacje:
opis utworu chronionego prawem autorskim lub innej własności intelektualnej, która według ciebie została naruszona;
twój adres, numer telefonu i adres e-mail;
twoje oświadczenie, że jesteś w dobrej wierze przekonany(-na), iż kwestionowane wykorzystanie nie jest autoryzowane przez właściciela praw autorskich lub własności intelektualnej, jego agenta lub prawo;
13. 1. Oprogramowanie obsługiwane przez Apple.
RiseSmart oferuje Oprogramowanie, które jest przeznaczone do wykorzystywania w związku z produktami udostępnianymi na rynku przez Apple Inc. („Apple”) wśród innych platform. W odniesieniu do Oprogramowania udostępnianego do twojego użytku w związku z produktem marki Apple (takie Oprogramowanie zwane jest dalej „Oprogramowaniem obsługiwanym przez Apple”), oprócz innych warunków określonych w niniejszych WŚU, zastosowanie mają następujące warunki:
Oświadczasz i zapewniasz, że (i) nie znajdujesz się w kraju, na który rząd USA nałożył embargo lub który został wyznaczony przez rząd USA jako kraj „wspierający terroryzm”; oraz że (ii) nie znajdujesz się na żadnej liście stron objętych zakazem lub ograniczeniami rządu USA.
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart wraz z tobą przyjmuje do wiadomości i akceptuje fakt, że Apple oraz spółki zależne Apple są osobami trzecimi będącymi beneficjentami niniejszych WŚU w odniesieniu do Oprogramowania obsługiwanego przez Apple oraz że po zaakceptowaniu przez ciebie warunków niniejszych WŚU Apple będzie miało prawo (i prawo to uznaje się za zaakceptowane) do egzekwowania od ciebie przestrzegania niniejszych WŚU w odniesieniu do Oprogramowania obsługiwanego przez Apple jako strona trzecia będąca beneficjentem.
- Więcej informacji znajduje się pod adresem: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Linki do innych Witryn.
Usługa może zawierać linki do witryn internetowych osób trzecich. Linki te podane są wyłącznie jako udogodnienie dla ciebie, a nie jako potwierdzenie przez RiseSmart zawartości takich witryn internetowych osób trzecich. RiseSmart nie ponosi odpowiedzialności za zawartość witryn internetowych osób trzecich, do których prowadzą linki, i nie składa żadnych oświadczeń dotyczących zawartości lub dokładności materiałów na tych witrynach internetowych osób trzecich. Jeśli zdecydujesz na dostęp do witryn internetowych osób trzecich, do których prowadzą linki, robisz to na własne ryzyko.
15. Urządzenia przenośne.
W przypadku korzystania z Usługi za pośrednictwem urządzenia przenośnego wyrażasz zgodę na przekazywanie RiseSmart informacji o korzystaniu przez ciebie z Usługi za pośrednictwem urządzenia przenośnego oraz operatora, w tym między innymi o twoim operatorze telefonii komórkowej, urządzeniu przenośnym lub twojej fizycznej lokalizacji. Ponadto korzystanie z Usługi za pośrednictwem urządzenia przenośnego może spowodować wyświetlanie danych na twoim urządzeniu przenośnym i za jego pośrednictwem. Uzyskując dostęp do Usługi za pomocą urządzenia przenośnego, oświadczasz, że w zakresie, w jakim importujesz jakiekolwiek swoje dane RiseSmart na urządzenie przenośne, posiadasz uprawnienia do udostępniania przekazywanych danych swojemu operatorowi telefonii komórkowej lub innemu dostawcy dostępu. W przypadku zmiany lub dezaktywacji twojego urządzenia przenośnego / konta, masz obowiązek upewnić się, że twoje konto (oraz wszelkie związane z nim wiadomości (jeśli ma to zastosowanie)) nie jest dostępne dla innej strony (lub wysłane do innej strony), a za niewypełnienie tego obowiązku odpowiedzialność ponosisz ty. Przyjmujesz do wiadomości, że ponosisz odpowiedzialność za wszelkie opłaty i niezbędne zezwolenia związane z dostępem do Usługi za pośrednictwem swojego urządzenia przenośnego i operatora. Dlatego też w celu uzyskania informacji na temat warunków świadczenia tych usług dla twojego urządzenia przenośnego musisz skontaktować się ze swoim operatorem. Korzystając z dowolnej aplikacji do pobrania w celu umożliwienia korzystania przez ciebie z Usługi, wyraźnie potwierdzasz swoją akceptację warunków Umowy licencyjnej użytkownika końcowego związanej z aplikacją i udostępnionej w momencie pobrania lub instalacji, wraz z wszelkimi dokonywanymi aktualizacjami.
Wejście w życie z dniem 18 stycznia 2019 r.
POLITYKA PRYWATNOŚCI RISESMART
Effective November 21st 2022
DownloadTable of Contents
POLITYKA PRYWATNOŚCI RISESMART
Spółka RiseSmart, Inc. i jej podmioty powiązane (zwane łącznie „RiseSmart”) świadczą swoją Usługę (zgodnie z definicją poniżej) na rzecz ciebie za pośrednictwem witryn internetowych znajdujących się pod kontrolą RiseSmart (w tym, bez ograniczeń, na witrynie internetowej znajdującej się pod adresem http://www.RiseSmart.com) (zwanych łącznie „Witryną”), zgodnie ze swoimi Warunkami świadczenia usług (znajdującymi się pod adresem http://www.RiseSmart.com/terms-conditions) („WŚU”) i niniejszą Polityką prywatności. „Usługa” obejmuje (a) Witrynę, (b) Usługi RiseSmart w zakresie reorientacji zawodowej i zarządzania karierą oraz inne powiązane usługi (w tym zarządzanie plikami i usługi analityczne), a także powiązane technologie oraz (c) wszelkie oprogramowanie, materiały, portale, rekomendacje, oferty pracy, dane, raporty, tekst, obrazy, dźwięki, nagrania wideo, analizy i inne treści udostępniane za pośrednictwem któregokolwiek z powyższych elementów (łącznie zwane „Zawartością”).
RiseSmart jest administratorem danych dla wszystkich informacji zbieranych i przetwarzanych za pośrednictwem Usługi. Wszelkie nowe funkcje dodane do Usługi lub rozszerzające ją również podlegają WŚU i niniejszej Polityce prywatności. Niniejsza Polityka prywatności określa politykę RiseSmart w zakresie danych identyfikujących osobę („Dane osobowe”) i innych informacji zbieranych, przekazywanych i w inny sposób wykorzystywanych w związku ze świadczeniem Usługi. „Dane osobowe” nie obejmują danych anonimowych, które mogą być zbierane podczas korzystania z Usługi.
Twoja zgoda
Przekazując dobrowolnie na rzecz RiseSmart Dane osobowe lub w inny sposób korzystając z Usługi, wyrażasz zgodę na gromadzenie, przekazywanie i wykorzystywanie przez RiseSmart swoich Danych osobowych i innych informacji, jak podsumowano poniżej w niniejszej Polityce prywatności oraz wszelkich innych powiadomień, jakie RiseSmart może dostarczać w związku z Usługą. Masz prawo do odwołania tej zgody i zażądania usunięcia informacji, które przekazałeś(-łaś) na rzecz RiseSmart.
Jeśli zdecydujesz się skorzystać z Usługi, RiseSmart może poprosić cię o podanie Danych osobowych bezpośrednio na rzecz RiseSmart. RiseSmart może otrzymać od ciebie:
twoją historię zatrudnienia i inne doświadczenia, wykształcenie i szkolenia, inne kwalifikacje, cele zatrudnienia, oczekiwania dotyczące wynagrodzenia, zainteresowania i inne informacje dotyczące kariery i życiorysu;
informacje na temat twoich postępów w osiąganiu kamieni milowych i statusu w rozwoju kariery zawodowej oraz poszukiwaniu pracy; jak również
informacje na temat zadowolenia klienta lub inne informacje zwrotne dotyczące rozwoju twojej kariery zawodowej, poszukiwania pracy i Usługi.
Ponadto, gdy kontaktujesz się z RiseSmart za pośrednictwem Usługi, RiseSmart może zbierać od ciebie inne Dane osobowe i informacje, gdy dobrowolnie ich udzielasz, np. gdy kontaktujesz się z RiseSmart w sprawie zapytań lub odpowiadasz na jedną z ankiet RiseSmart.
Zostaniesz poproszony o podanie swoich Danych osobowych za pośrednictwem różnych kanałów w związku z Usługą, w tym poprzez aktywację swojego konta na potrzeby Usługi w formie rejestracji online lub papierowej, swój życiorys, listy kontrolne i kwestionariusze, które będziesz wypełniać dla RiseSmart, szkolenia i sesje doradcze, dyskusje, komunikację za pośrednictwem poczty elektronicznej i inne kanały. Usługa może również zbierać informacje na temat twojego adresu IP (protokół internetowy).
Na potrzeby twojego osobistego konta internetowego, które możesz założyć w ramach Usługi, RiseSmart może poprosić cię o utworzenie unikalnej nazwy użytkownika, hasła i pytania pomocniczego oraz wykorzystać te dane logowania, aby uzyskać dostęp do twojego konta. Wyrażasz zgodę na zachowanie w tajemnicy swojej nazwy użytkownika, hasła i informacji dotyczących pytań pomocniczych, a jeśli nie zachowasz tej tajemnicy, poniesiesz całkowitą odpowiedzialność za wszelkie wynikające z tego wykorzystanie, kradzież, zmianę, niewłaściwe wykorzystanie, ujawnienie lub inne straty związane z twoimi Danymi osobowymi lub innymi informacjami.
Masz prawo do żądania dostępu do danych, które zdecydujesz się udostępnić RiseSmart. Wnioski o udzielenie dostępu można składać na adres user.support@risesmart.com. RiseSmart odpowie na wnioski o udzielenie dostępu w ciągu 30 dni.
Dane osobowe otrzymane od Klienta spółki
Przyjmujesz do wiadomości, że klient spółki RiseSmart może zaangażować RiseSmart do pomocy
- obecnym i/lub byłym pracownikom klienta spółki, którzy byli lub będą zwolnieni z zatrudnienia u danego klienta spółki, w poszukiwaniu zatrudnienia za pośrednictwem Usługi („Pomoc w reorientacji zawodowej”) lub (b) obecnym pracownikom klienta spółki w rozwoju kariery zawodowej w ramach Usługi („Pomoc w rozwoju kariery”), ((a) i (b) łącznie zwane „Zobowiązaniami wobec klientów spółki”). W związku ze Zobowiązaniami wobec klientów spółki RiseSmart otrzymuje od klienta spółki listę osób uprawnionych do korzystania z Usługi. Jeśli jesteś osobą uprawnioną, lista klienta spółki może zawierać imię i nazwisko, aktualną lub ostatnią nazwę stanowiska, adres domowy, numer telefonu, adres e-mail, dział lub jednostkę biznesową oraz inne Dane osobowe.
RiseSmart przetwarza w ten sposób twoje informacje w uzasadnionym interesie, aby zapewnić ci usługę udostępnioną przez twojego pracodawcę lub byłego pracodawcę. RiseSmart korzysta z Danych osobowych otrzymanych od klientów spółki wyłącznie w celu kontaktowania się z uprawnionymi uczestnikami.
Przekazywanie Danych osobowych za granicę
Jeśli w związku z Usługą dostarczysz Dane osobowe lub zrobi to klient spółki, przyjmujesz do wiadomości i wyrażasz zgodę na przekazanie takich Danych osobowych z twojej bieżącej lokalizacji lub z bieżącej lokalizacji klienta spółki do biur i serwerów RiseSmart oraz upoważnionych osób trzecich, o których mowa w niniejszym dokumencie, zlokalizowanych w Stanach Zjednoczonych lub innych krajach.
Inne informacje i korzystanie z plików cookie
Kiedy kontaktujesz się z RiseSmart za pośrednictwem Usługi, RiseSmart otrzymuje i przechowuje niektóre dane nieidentyfikujące osoby. Takie informacje, które są zbierane w sposób bierny przy użyciu różnych technologii, obecnie nie mogą być wykorzystane do dokładnej identyfikacji ciebie. Ponadto w ramach funkcjonalności Usługi mogą być zbierane inne dane nieidentyfikujące osoby (np. zbieranie odpowiedzi na kwestionariusze, które nie zawierają danych identyfikujących osobę). RiseSmart może przechowywać takie informacje samodzielnie lub informacje takie mogą być zawarte w bazach danych będących własnością i utrzymywanych przez agentów lub dostawców usług RiseSmart. Usługa może wykorzystywać takie informacje i łączyć je z innymi informacjami w celu śledzenia na przykład całkowitej liczby osób odwiedzających Witrynę lub korzystających z Usługi, liczby osób odwiedzających każdą stronę Witryny lub Usługi oraz nazw domen dostawców usług internetowych osób odwiedzających RiseSmart. Należy pamiętać, że Dane osobowe będą dostępne i wykorzystywane w tym procesie tylko wtedy, gdy dobrowolnie je podasz lub zrobi to klient spółki, jak określono powyżej.
Podczas korzystania z Usługi RiseSmart może korzystać z technologii zwanej „cookies”. Plik cookie jest informacją, którą komputer zapewniający dostęp do Usługi przekazuje twojej przeglądarce podczas uzyskiwania przez ciebie dostępu do Usługi. Pliki cookie RiseSmart pomagają w dostarczaniu dodatkowych funkcji Usługi i pomagają RiseSmart dokładniej analizować korzystanie z Usługi. Usługa może na przykład ustawić w twojej przeglądarce plik cookie, który pozwala na dostęp do Usługi bez konieczności wprowadzania hasła więcej niż raz podczas jednej wizyty w ramach Usługi. We wszystkich przypadkach, w których RiseSmart wykorzystuje pliki cookie, RiseSmart nie będzie zbierać Danych osobowych bez twojej zgody.
RiseSmart może (i może zezwolić na to zewnętrznym dostawcom usług) korzystać z takich plików cookie lub podobnych technologii w celu zbierania informacji o twojej aktywności podczas przeglądania różnych stron internetowych po zakończeniu korzystania z Usługi. Nasza Usługa nie odpowiada obecnie na sygnały „Nie śledź” (DNT) i działa w sposób opisany w niniejszej Polityce prywatności niezależnie od tego, czy sygnał DNT jest odbierany, czy nie. Jeśli RiseSmart będzie to robić w przyszłości, opis sposobu, w jaki RiseSmart będzie to robić, zostanie przedstawiony w niniejszej Polityce prywatności.
Udostępnianie informacji Klientom Spółki
Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki w zakresie Pomocy w reorientacji zawodowej, RiseSmart może udostępnić klientowi spółki raporty o postępach i inne informacje, które mogą cię zidentyfikować oraz wskazać status korzystania przez ciebie z Usługi, zakres korzystania z Usługi, postępy w osiąganiu kamieni milowych i status w rozwoju kariery, twoje zadowolenie klienta lub inne informacje zwrotne związane z Usługą, w każdym przypadku indywidualnie lub w sposób zbiorczy (łącznie „Dane o postępach w zakresie reorientacji zawodowej”). RiseSmart może udostępniać ci narzędzia pozwalające na dostosowanie Danych o postępach w zakresie reorientacji zawodowej, które RiseSmart może udostępnić klientowi spółki. Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki w zakresie Pomocy w rozwoju kariery, RiseSmart może udostępnić klientowi spółki raporty o postępach i inne informacje, które mogą cię zidentyfikować oraz wskazać status korzystania przez ciebie z Usługi, zakres korzystania z Usługi, postępy w osiąganiu kamieni milowych i status w poszukiwaniu pracy, twoje zadowolenie klienta lub inne informacje zwrotne związane z Usługą, w każdym przypadku w sposób zbiorczy (łącznie „Dane o postępach w zakresie rozwoju kariery”). RiseSmart może udostępniać ci narzędzia pozwalające na dostosowanie Danych o postępach w zakresie rozwój kariery, które RiseSmart może udostępnić klientowi spółki. Jeśli masz jakiekolwiek pytania lub wątpliwości dotyczące Danych o postępach w zakresie reorientacji zawodowej lub Danych o postępach w zakresie rozwój kariery, które RiseSmart może udostępniać klientowi spółki, prosimy o kontakt na adres user.support@risesmart.com (patrz informacje poniżej).
Inne zastosowania i udostępnianie twoich informacji
W ramach Usługi RiseSmart może zbierać, przekazywać i wykorzystywać twoje Dane osobowe i inne informacje w celu świadczenia Usługi, w tym między innymi w celu określenia konkretnej pomocy, której oczekujesz od Usługi, a jeśli jesteś osobą poszukującą pracy – w celu zapewnienia ci ofert pracy, szkoleń z zakresu poszukiwania pracy, pomocy w pisaniu CV i/lub innego rodzaju pomocy. RiseSmart może również wykorzystywać twoje Dane osobowe i inne informacje (a) w celu identyfikacji i uwierzytelnienia cię, np. w celu uzyskania dostępu do twojego konta usługowego i twojej komunikacji z personelem RiseSmart, lub (b) wewnętrznie, w celu zwiększenia lub dostosowania działalności usługowej RiseSmart na potrzeby twojego konta, wewnętrznego raportowania realizacji Usługi do kierownictwa RiseSmart, prowadzenia wewnętrznych szkoleń i w inny sposób zarządzania działalnością RiseSmart.
Ponadto, jeśli podasz Dane osobowe lub inne informacje na potrzeby określonego celu, RiseSmart może wykorzystać te Dane osobowe lub inne informacje w związku z danym celem, dla którego zostały one podane. Na przykład jeśli skontaktujesz się z RiseSmart przez e-mail, RiseSmart wykorzysta podane przez ciebie Dane osobowe, aby odpowiedzieć na twoje pytanie lub rozwiązać twój problem.
RiseSmart może również wykorzystywać i udostępniać twoje Dane osobowe i inne informacje zebrane za pośrednictwem Usługi w następujący sposób:
RiseSmart może wykorzystywać twoje Dane osobowe i inne informacje, aby pomóc RiseSmart w ulepszaniu Zawartości i funkcjonalności Usługi, lepszym zrozumieniu użytkowników RiseSmart i ulepszaniu Usługi.
W miarę rozwoju swojej działalności RiseSmart może sprzedawać lub kupować przedsiębiorstwa lub aktywa. W przypadku sprzedaży korporacyjnej, fuzji, reorganizacji, rozwiązania lub podobnego zdarzenia Dane osobowe i inne informacje mogą stanowić część przekazywanych aktywów.
RiseSmart może udostępniać twoje Dane osobowe i inne informacje podmiotom powiązanym RiseSmart w celach zgodnych z niniejszą Polityką prywatności.
- RiseSmart, podobnie jak wiele innych przedsiębiorstw, czasami angażuje inne spółki do pełnienia pewnych funkcji związanych z działalnością biznesową, w tym funkcji analitycznych. Kiedy RiseSmart angażuje inną spółkę do pełnienia funkcji w swoim imieniu, RiseSmart może dostarczyć jej twoje Dane osobowe i inne informacje w zakresie niezbędnym lub przydatnym do pełnienia przez nią danej funkcji. Do tych dostawców usług należą spółki, które hostują nasze serwery, dostarczają nasze narzędzia do administrowania klientami, zapewniają narzędzia komunikacji i świadczą usługi, które pomagają wykrywać i zapobiegać oszustwom.
Zagregowane Dane osobowe
Starając się lepiej zrozumieć i obsługiwać użytkowników Usługi, RiseSmart często prowadzi badania dotyczące danych demograficznych swoich użytkowników, ich zainteresowań, wyników i zachowań w oparciu o Dane osobowe i inne informacje przekazywane do RiseSmart. Badania te, a także inne wskaźniki lub analizy zachowań użytkowników, wyniki lub przeglądy mogą być kompilowane i analizowane w sposób zagregowany, a RiseSmart może udostępniać te zagregowane dane swoim podmiotom powiązanym, agentom i partnerom biznesowym. Takie zagregowane informacje nie umożliwiają identyfikacji ciebie. RiseSmart może również ujawniać zagregowane statystyki użytkowników w celu opisania usług RiseSmart obecnym i potencjalnym partnerom biznesowym oraz innym osobom trzecim dla innych celów zgodnych z prawem.
Zarządzanie informacjami
RiseSmart może otrzymywać lub wprowadzać wszystkie twoje Dane osobowe lub inne informacje w formie cyfrowej. RiseSmart może połączyć wszystkie Dane osobowe i inne informacje od ciebie lub na twój temat w jeden zastrzeżony zapis bazy danych i może przechowywać je na serwerach hostowanych w Stanach Zjednoczonych lub innych krajach. Masz prawo do zweryfikowania, czy Dane osobowe, które posiada RiseSmart na twój temat, są poprawne. Dążąc do osiągnięcia takiej dokładności, RiseSmart może poprosić i zażądać od ciebie przejrzenia podsumowania Danych osobowych i innych informacji na twoim koncie oraz potwierdzenia lub skorygowania tych informacji.
Personel RiseSmart może uzyskać dostęp do twojego konta online, określić potrzeby i działania, a jeśli jesteś osobą poszukującą pracy – zamieszczać oferty pracy na twoim koncie z dowolnego biura, podróży lub miejsca pracy.
RiseSmart podejmuje uzasadnione kroki w celu ochrony Danych osobowych i innych informacji przekazywanych za pośrednictwem Usługi przed utratą, niewłaściwym wykorzystaniem oraz nieuprawnionym dostępem, ujawnieniem, zmianą lub zniszczeniem. Przekazywanie danych drogą internetową lub pocztą elektroniczną nie jest jednak nigdy w pełni bezpieczne ani wolne od błędów. W szczególności poczta elektroniczna lub inne informacje wysyłane do lub od Usługi mogą nie być bezpieczne. Dlatego też należy zachować szczególną ostrożność przy podejmowaniu decyzji o tym, jakie informacje przesłać do RiseSmart za pośrednictwem poczty elektronicznej lub innej metody przekazywania informacji.
Linki do innych witryn internetowych
Niniejsza Polityka prywatności ma zastosowanie wyłącznie do Usługi. Usługa może zawierać linki do innych witryn internetowych, które nie są obsługiwane ani kontrolowane przez RiseSmart („Witryny internetowe osób trzecich”). Opisane tu polityki i procedury nie mają zastosowania do Witryn internetowych osób trzecich. Linki z Usługi nie oznaczają, że RiseSmart popiera Witryny internetowe osób trzecich lub dokonało ich przeglądu. RiseSmart sugeruje bezpośrednie skontaktowanie się z tymi witrynami w celu uzyskania informacji na temat ich polityki prywatności.
Informacje publiczne
W przypadku dobrowolnego przekazania RiseSmart jakichkolwiek danych osobowych za pośrednictwem Usługi lub w inny sposób, np. poprzez zamieszczenie informacji w miejscach publicznych Usługi, takich dobrowolnie przekazanych informacji nie uważa się za poufne. RiseSmart może powielać, wykorzystywać, ujawniać i rozpowszechniać takie dobrowolnie przekazane informacje wśród innych osób bez ograniczeń i bez przypisania. Wszelkie informacje zamieszczone w przestrzeni publicznej mogą być udostępniane każdej osobie posiadającej dostęp do Witryny w dowolnym miejscu na świecie i zapisywane przez nią.
Dzieci
RiseSmart nie jest przeznaczony dla dzieci poniżej 13 roku życia ani świadomie nie gromadzi informacji od nich.
Zmiany w niniejszej Polityce prywatności
Działalność Usługi i RiseSmart może się zmieniać. W związku z tym czasami może okazać się konieczne wprowadzenie przez RiseSmart zmian w niniejszej Polityce prywatności. RiseSmart zastrzega sobie prawo do aktualizowania i modyfikowania niniejszej Polityki prywatności w dowolnym momencie bez uprzedniego powiadomienia. Prosimy o okresowe przeglądanie tej polityki, w szczególności przed podaniem jakichkolwiek Danych osobowych. Niniejsza Polityka prywatności była ostatnio aktualizowana w dniu wskazanym poniżej. Dalsze korzystanie z Usługi po wprowadzeniu jakichkolwiek zmian lub rewizji w niniejszej Polityce prywatności oznacza twoją zgodę na warunki takiej zmienionej Polityki prywatności.
Kontaktowanie się z RiseSmart
Aby zapewnić dokładność, aktualność i kompletność Danych osobowych, prosimy o kontakt z RiseSmart w sposób określony poniżej. RiseSmart podejmie uzasadnione kroki w celu aktualizacji lub korekty będących w naszym posiadaniu Danych osobowych, które zostały wcześniej przekazane za pośrednictwem Usługi.
W przypadku problemów lub pytań związanych z niniejszą Polityką prywatności lub związanymi z nią kwestiami dotyczącymi prywatności, można skontaktować się z głównym inspektorem ochrony danych RiseSmart pod następującym adresem:
Privacy Office
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
E-mail: user.support@risesmart.com
Użytkownicy w Europejskim Obszarze Gospodarczym (EOG) i Szwajcarii mają prawo do złożenia skargi do organu nadzorującego ochronę danych w swoim kraju.
Effective November 21st 2022 to November 21st 2022
DownloadTable of Contents
POLITYKA PRYWATNOŚCI RISESMART
Spółka RiseSmart, Inc. i jej podmioty powiązane (zwane łącznie „RiseSmart”) świadczą swoją Usługę (zgodnie z definicją poniżej) na rzecz ciebie za pośrednictwem witryn internetowych znajdujących się pod kontrolą RiseSmart (w tym, bez ograniczeń, na witrynie internetowej znajdującej się pod adresem http://www.RiseSmart.com) (zwanych łącznie „Witryną”), zgodnie ze swoimi Warunkami świadczenia usług (znajdującymi się pod adresem http://www.RiseSmart.com/terms-conditions) („WŚU”) i niniejszą Polityką prywatności. „Usługa” obejmuje (a) Witrynę, (b) Usługi RiseSmart w zakresie reorientacji zawodowej i zarządzania karierą oraz inne powiązane usługi (w tym zarządzanie plikami i usługi analityczne), a także powiązane technologie oraz (c) wszelkie oprogramowanie, materiały, portale, rekomendacje, oferty pracy, dane, raporty, tekst, obrazy, dźwięki, nagrania wideo, analizy i inne treści udostępniane za pośrednictwem któregokolwiek z powyższych elementów (łącznie zwane „Zawartością”).
RiseSmart jest administratorem danych dla wszystkich informacji zbieranych i przetwarzanych za pośrednictwem Usługi. Wszelkie nowe funkcje dodane do Usługi lub rozszerzające ją również podlegają WŚU i niniejszej Polityce prywatności. Niniejsza Polityka prywatności określa politykę RiseSmart w zakresie danych identyfikujących osobę („Dane osobowe”) i innych informacji zbieranych, przekazywanych i w inny sposób wykorzystywanych w związku ze świadczeniem Usługi. „Dane osobowe” nie obejmują danych anonimowych, które mogą być zbierane podczas korzystania z Usługi.
Twoja zgoda
Przekazując dobrowolnie na rzecz RiseSmart Dane osobowe lub w inny sposób korzystając z Usługi, wyrażasz zgodę na gromadzenie, przekazywanie i wykorzystywanie przez RiseSmart swoich Danych osobowych i innych informacji, jak podsumowano poniżej w niniejszej Polityce prywatności oraz wszelkich innych powiadomień, jakie RiseSmart może dostarczać w związku z Usługą. Masz prawo do odwołania tej zgody i zażądania usunięcia informacji, które przekazałeś(-łaś) na rzecz RiseSmart.
Jeśli zdecydujesz się skorzystać z Usługi, RiseSmart może poprosić cię o podanie Danych osobowych bezpośrednio na rzecz RiseSmart. RiseSmart może otrzymać od ciebie:
twoją historię zatrudnienia i inne doświadczenia, wykształcenie i szkolenia, inne kwalifikacje, cele zatrudnienia, oczekiwania dotyczące wynagrodzenia, zainteresowania i inne informacje dotyczące kariery i życiorysu;
informacje na temat twoich postępów w osiąganiu kamieni milowych i statusu w rozwoju kariery zawodowej oraz poszukiwaniu pracy; jak również
informacje na temat zadowolenia klienta lub inne informacje zwrotne dotyczące rozwoju twojej kariery zawodowej, poszukiwania pracy i Usługi.
Ponadto, gdy kontaktujesz się z RiseSmart za pośrednictwem Usługi, RiseSmart może zbierać od ciebie inne Dane osobowe i informacje, gdy dobrowolnie ich udzielasz, np. gdy kontaktujesz się z RiseSmart w sprawie zapytań lub odpowiadasz na jedną z ankiet RiseSmart.
Zostaniesz poproszony o podanie swoich Danych osobowych za pośrednictwem różnych kanałów w związku z Usługą, w tym poprzez aktywację swojego konta na potrzeby Usługi w formie rejestracji online lub papierowej, swój życiorys, listy kontrolne i kwestionariusze, które będziesz wypełniać dla RiseSmart, szkolenia i sesje doradcze, dyskusje, komunikację za pośrednictwem poczty elektronicznej i inne kanały. Usługa może również zbierać informacje na temat twojego adresu IP (protokół internetowy).
Na potrzeby twojego osobistego konta internetowego, które możesz założyć w ramach Usługi, RiseSmart może poprosić cię o utworzenie unikalnej nazwy użytkownika, hasła i pytania pomocniczego oraz wykorzystać te dane logowania, aby uzyskać dostęp do twojego konta. Wyrażasz zgodę na zachowanie w tajemnicy swojej nazwy użytkownika, hasła i informacji dotyczących pytań pomocniczych, a jeśli nie zachowasz tej tajemnicy, poniesiesz całkowitą odpowiedzialność za wszelkie wynikające z tego wykorzystanie, kradzież, zmianę, niewłaściwe wykorzystanie, ujawnienie lub inne straty związane z twoimi Danymi osobowymi lub innymi informacjami.
Masz prawo do żądania dostępu do danych, które zdecydujesz się udostępnić RiseSmart. Wnioski o udzielenie dostępu można składać na adres user.support@risesmart.com. RiseSmart odpowie na wnioski o udzielenie dostępu w ciągu 30 dni.
Dane osobowe otrzymane od Klienta spółki
Przyjmujesz do wiadomości, że klient spółki RiseSmart może zaangażować RiseSmart do pomocy
- obecnym i/lub byłym pracownikom klienta spółki, którzy byli lub będą zwolnieni z zatrudnienia u danego klienta spółki, w poszukiwaniu zatrudnienia za pośrednictwem Usługi („Pomoc w reorientacji zawodowej”) lub (b) obecnym pracownikom klienta spółki w rozwoju kariery zawodowej w ramach Usługi („Pomoc w rozwoju kariery”), ((a) i (b) łącznie zwane „Zobowiązaniami wobec klientów spółki”). W związku ze Zobowiązaniami wobec klientów spółki RiseSmart otrzymuje od klienta spółki listę osób uprawnionych do korzystania z Usługi. Jeśli jesteś osobą uprawnioną, lista klienta spółki może zawierać imię i nazwisko, aktualną lub ostatnią nazwę stanowiska, adres domowy, numer telefonu, adres e-mail, dział lub jednostkę biznesową oraz inne Dane osobowe.
RiseSmart przetwarza w ten sposób twoje informacje w uzasadnionym interesie, aby zapewnić ci usługę udostępnioną przez twojego pracodawcę lub byłego pracodawcę. RiseSmart korzysta z Danych osobowych otrzymanych od klientów spółki wyłącznie w celu kontaktowania się z uprawnionymi uczestnikami.
Przekazywanie Danych osobowych za granicę
Jeśli w związku z Usługą dostarczysz Dane osobowe lub zrobi to klient spółki, przyjmujesz do wiadomości i wyrażasz zgodę na przekazanie takich Danych osobowych z twojej bieżącej lokalizacji lub z bieżącej lokalizacji klienta spółki do biur i serwerów RiseSmart oraz upoważnionych osób trzecich, o których mowa w niniejszym dokumencie, zlokalizowanych w Stanach Zjednoczonych lub innych krajach.
Inne informacje i korzystanie z plików cookie
Kiedy kontaktujesz się z RiseSmart za pośrednictwem Usługi, RiseSmart otrzymuje i przechowuje niektóre dane nieidentyfikujące osoby. Takie informacje, które są zbierane w sposób bierny przy użyciu różnych technologii, obecnie nie mogą być wykorzystane do dokładnej identyfikacji ciebie. Ponadto w ramach funkcjonalności Usługi mogą być zbierane inne dane nieidentyfikujące osoby (np. zbieranie odpowiedzi na kwestionariusze, które nie zawierają danych identyfikujących osobę). RiseSmart może przechowywać takie informacje samodzielnie lub informacje takie mogą być zawarte w bazach danych będących własnością i utrzymywanych przez agentów lub dostawców usług RiseSmart. Usługa może wykorzystywać takie informacje i łączyć je z innymi informacjami w celu śledzenia na przykład całkowitej liczby osób odwiedzających Witrynę lub korzystających z Usługi, liczby osób odwiedzających każdą stronę Witryny lub Usługi oraz nazw domen dostawców usług internetowych osób odwiedzających RiseSmart. Należy pamiętać, że Dane osobowe będą dostępne i wykorzystywane w tym procesie tylko wtedy, gdy dobrowolnie je podasz lub zrobi to klient spółki, jak określono powyżej.
Podczas korzystania z Usługi RiseSmart może korzystać z technologii zwanej „cookies”. Plik cookie jest informacją, którą komputer zapewniający dostęp do Usługi przekazuje twojej przeglądarce podczas uzyskiwania przez ciebie dostępu do Usługi. Pliki cookie RiseSmart pomagają w dostarczaniu dodatkowych funkcji Usługi i pomagają RiseSmart dokładniej analizować korzystanie z Usługi. Usługa może na przykład ustawić w twojej przeglądarce plik cookie, który pozwala na dostęp do Usługi bez konieczności wprowadzania hasła więcej niż raz podczas jednej wizyty w ramach Usługi. We wszystkich przypadkach, w których RiseSmart wykorzystuje pliki cookie, RiseSmart nie będzie zbierać Danych osobowych bez twojej zgody.
RiseSmart może (i może zezwolić na to zewnętrznym dostawcom usług) korzystać z takich plików cookie lub podobnych technologii w celu zbierania informacji o twojej aktywności podczas przeglądania różnych stron internetowych po zakończeniu korzystania z Usługi. Nasza Usługa nie odpowiada obecnie na sygnały „Nie śledź” (DNT) i działa w sposób opisany w niniejszej Polityce prywatności niezależnie od tego, czy sygnał DNT jest odbierany, czy nie. Jeśli RiseSmart będzie to robić w przyszłości, opis sposobu, w jaki RiseSmart będzie to robić, zostanie przedstawiony w niniejszej Polityce prywatności.
Udostępnianie informacji Klientom Spółki
Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki w zakresie Pomocy w reorientacji zawodowej, RiseSmart może udostępnić klientowi spółki raporty o postępach i inne informacje, które mogą cię zidentyfikować oraz wskazać status korzystania przez ciebie z Usługi, zakres korzystania z Usługi, postępy w osiąganiu kamieni milowych i status w rozwoju kariery, twoje zadowolenie klienta lub inne informacje zwrotne związane z Usługą, w każdym przypadku indywidualnie lub w sposób zbiorczy (łącznie „Dane o postępach w zakresie reorientacji zawodowej”). RiseSmart może udostępniać ci narzędzia pozwalające na dostosowanie Danych o postępach w zakresie reorientacji zawodowej, które RiseSmart może udostępnić klientowi spółki. Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki w zakresie Pomocy w rozwoju kariery, RiseSmart może udostępnić klientowi spółki raporty o postępach i inne informacje, które mogą cię zidentyfikować oraz wskazać status korzystania przez ciebie z Usługi, zakres korzystania z Usługi, postępy w osiąganiu kamieni milowych i status w poszukiwaniu pracy, twoje zadowolenie klienta lub inne informacje zwrotne związane z Usługą, w każdym przypadku w sposób zbiorczy (łącznie „Dane o postępach w zakresie rozwoju kariery”). RiseSmart może udostępniać ci narzędzia pozwalające na dostosowanie Danych o postępach w zakresie rozwój kariery, które RiseSmart może udostępnić klientowi spółki. Jeśli masz jakiekolwiek pytania lub wątpliwości dotyczące Danych o postępach w zakresie reorientacji zawodowej lub Danych o postępach w zakresie rozwój kariery, które RiseSmart może udostępniać klientowi spółki, prosimy o kontakt na adres user.support@risesmart.com (patrz informacje poniżej).
Inne zastosowania i udostępnianie twoich informacji
W ramach Usługi RiseSmart może zbierać, przekazywać i wykorzystywać twoje Dane osobowe i inne informacje w celu świadczenia Usługi, w tym między innymi w celu określenia konkretnej pomocy, której oczekujesz od Usługi, a jeśli jesteś osobą poszukującą pracy – w celu zapewnienia ci ofert pracy, szkoleń z zakresu poszukiwania pracy, pomocy w pisaniu CV i/lub innego rodzaju pomocy. RiseSmart może również wykorzystywać twoje Dane osobowe i inne informacje (a) w celu identyfikacji i uwierzytelnienia cię, np. w celu uzyskania dostępu do twojego konta usługowego i twojej komunikacji z personelem RiseSmart, lub (b) wewnętrznie, w celu zwiększenia lub dostosowania działalności usługowej RiseSmart na potrzeby twojego konta, wewnętrznego raportowania realizacji Usługi do kierownictwa RiseSmart, prowadzenia wewnętrznych szkoleń i w inny sposób zarządzania działalnością RiseSmart.
Ponadto, jeśli podasz Dane osobowe lub inne informacje na potrzeby określonego celu, RiseSmart może wykorzystać te Dane osobowe lub inne informacje w związku z danym celem, dla którego zostały one podane. Na przykład jeśli skontaktujesz się z RiseSmart przez e-mail, RiseSmart wykorzysta podane przez ciebie Dane osobowe, aby odpowiedzieć na twoje pytanie lub rozwiązać twój problem.
RiseSmart może również wykorzystywać i udostępniać twoje Dane osobowe i inne informacje zebrane za pośrednictwem Usługi w następujący sposób:
RiseSmart może wykorzystywać twoje Dane osobowe i inne informacje, aby pomóc RiseSmart w ulepszaniu Zawartości i funkcjonalności Usługi, lepszym zrozumieniu użytkowników RiseSmart i ulepszaniu Usługi.
W miarę rozwoju swojej działalności RiseSmart może sprzedawać lub kupować przedsiębiorstwa lub aktywa. W przypadku sprzedaży korporacyjnej, fuzji, reorganizacji, rozwiązania lub podobnego zdarzenia Dane osobowe i inne informacje mogą stanowić część przekazywanych aktywów.
RiseSmart może udostępniać twoje Dane osobowe i inne informacje podmiotom powiązanym RiseSmart w celach zgodnych z niniejszą Polityką prywatności.
- RiseSmart, podobnie jak wiele innych przedsiębiorstw, czasami angażuje inne spółki do pełnienia pewnych funkcji związanych z działalnością biznesową, w tym funkcji analitycznych. Kiedy RiseSmart angażuje inną spółkę do pełnienia funkcji w swoim imieniu, RiseSmart może dostarczyć jej twoje Dane osobowe i inne informacje w zakresie niezbędnym lub przydatnym do pełnienia przez nią danej funkcji. Do tych dostawców usług należą spółki, które hostują nasze serwery, dostarczają nasze narzędzia do administrowania klientami, zapewniają narzędzia komunikacji i świadczą usługi, które pomagają wykrywać i zapobiegać oszustwom.
Zagregowane Dane osobowe
Starając się lepiej zrozumieć i obsługiwać użytkowników Usługi, RiseSmart często prowadzi badania dotyczące danych demograficznych swoich użytkowników, ich zainteresowań, wyników i zachowań w oparciu o Dane osobowe i inne informacje przekazywane do RiseSmart. Badania te, a także inne wskaźniki lub analizy zachowań użytkowników, wyniki lub przeglądy mogą być kompilowane i analizowane w sposób zagregowany, a RiseSmart może udostępniać te zagregowane dane swoim podmiotom powiązanym, agentom i partnerom biznesowym. Takie zagregowane informacje nie umożliwiają identyfikacji ciebie. RiseSmart może również ujawniać zagregowane statystyki użytkowników w celu opisania usług RiseSmart obecnym i potencjalnym partnerom biznesowym oraz innym osobom trzecim dla innych celów zgodnych z prawem.
Zarządzanie informacjami
RiseSmart może otrzymywać lub wprowadzać wszystkie twoje Dane osobowe lub inne informacje w formie cyfrowej. RiseSmart może połączyć wszystkie Dane osobowe i inne informacje od ciebie lub na twój temat w jeden zastrzeżony zapis bazy danych i może przechowywać je na serwerach hostowanych w Stanach Zjednoczonych lub innych krajach. Masz prawo do zweryfikowania, czy Dane osobowe, które posiada RiseSmart na twój temat, są poprawne. Dążąc do osiągnięcia takiej dokładności, RiseSmart może poprosić i zażądać od ciebie przejrzenia podsumowania Danych osobowych i innych informacji na twoim koncie oraz potwierdzenia lub skorygowania tych informacji.
Personel RiseSmart może uzyskać dostęp do twojego konta online, określić potrzeby i działania, a jeśli jesteś osobą poszukującą pracy – zamieszczać oferty pracy na twoim koncie z dowolnego biura, podróży lub miejsca pracy.
RiseSmart podejmuje uzasadnione kroki w celu ochrony Danych osobowych i innych informacji przekazywanych za pośrednictwem Usługi przed utratą, niewłaściwym wykorzystaniem oraz nieuprawnionym dostępem, ujawnieniem, zmianą lub zniszczeniem. Przekazywanie danych drogą internetową lub pocztą elektroniczną nie jest jednak nigdy w pełni bezpieczne ani wolne od błędów. W szczególności poczta elektroniczna lub inne informacje wysyłane do lub od Usługi mogą nie być bezpieczne. Dlatego też należy zachować szczególną ostrożność przy podejmowaniu decyzji o tym, jakie informacje przesłać do RiseSmart za pośrednictwem poczty elektronicznej lub innej metody przekazywania informacji.
Linki do innych witryn internetowych
Niniejsza Polityka prywatności ma zastosowanie wyłącznie do Usługi. Usługa może zawierać linki do innych witryn internetowych, które nie są obsługiwane ani kontrolowane przez RiseSmart („Witryny internetowe osób trzecich”). Opisane tu polityki i procedury nie mają zastosowania do Witryn internetowych osób trzecich. Linki z Usługi nie oznaczają, że RiseSmart popiera Witryny internetowe osób trzecich lub dokonało ich przeglądu. RiseSmart sugeruje bezpośrednie skontaktowanie się z tymi witrynami w celu uzyskania informacji na temat ich polityki prywatności.
Informacje publiczne
W przypadku dobrowolnego przekazania RiseSmart jakichkolwiek danych osobowych za pośrednictwem Usługi lub w inny sposób, np. poprzez zamieszczenie informacji w miejscach publicznych Usługi, takich dobrowolnie przekazanych informacji nie uważa się za poufne. RiseSmart może powielać, wykorzystywać, ujawniać i rozpowszechniać takie dobrowolnie przekazane informacje wśród innych osób bez ograniczeń i bez przypisania. Wszelkie informacje zamieszczone w przestrzeni publicznej mogą być udostępniane każdej osobie posiadającej dostęp do Witryny w dowolnym miejscu na świecie i zapisywane przez nią.
Dzieci
RiseSmart nie jest przeznaczony dla dzieci poniżej 13 roku życia ani świadomie nie gromadzi informacji od nich.
Zmiany w niniejszej Polityce prywatności
Działalność Usługi i RiseSmart może się zmieniać. W związku z tym czasami może okazać się konieczne wprowadzenie przez RiseSmart zmian w niniejszej Polityce prywatności. RiseSmart zastrzega sobie prawo do aktualizowania i modyfikowania niniejszej Polityki prywatności w dowolnym momencie bez uprzedniego powiadomienia. Prosimy o okresowe przeglądanie tej polityki, w szczególności przed podaniem jakichkolwiek Danych osobowych. Niniejsza Polityka prywatności była ostatnio aktualizowana w dniu wskazanym poniżej. Dalsze korzystanie z Usługi po wprowadzeniu jakichkolwiek zmian lub rewizji w niniejszej Polityce prywatności oznacza twoją zgodę na warunki takiej zmienionej Polityki prywatności.
Kontaktowanie się z RiseSmart
Aby zapewnić dokładność, aktualność i kompletność Danych osobowych, prosimy o kontakt z RiseSmart w sposób określony poniżej. RiseSmart podejmie uzasadnione kroki w celu aktualizacji lub korekty będących w naszym posiadaniu Danych osobowych, które zostały wcześniej przekazane za pośrednictwem Usługi.
W przypadku problemów lub pytań związanych z niniejszą Polityką prywatności lub związanymi z nią kwestiami dotyczącymi prywatności, można skontaktować się z głównym inspektorem ochrony danych RiseSmart pod następującym adresem:
Privacy Office
RiseSmart Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
E-mail: user.support@risesmart.com
Użytkownicy w Europejskim Obszarze Gospodarczym (EOG) i Szwajcarii mają prawo do złożenia skargi do organu nadzorującego ochronę danych w swoim kraju.
Wejście w życie z dniem 18 stycznia 2019 r.
Effective May 28th 2020 to November 21st 2022
DownloadTable of Contents
Spółka RiseSmart, Inc. i jej podmioty powiązane (zwane łącznie „RiseSmart”) świadczą swoją Usługę (zgodnie z definicją poniżej) na rzecz ciebie za pośrednictwem witryn internetowych znajdujących się pod kontrolą RiseSmart (w tym, bez ograniczeń, na witrynie internetowej znajdującej się pod adresem http://www.RiseSmart.com) (zwanych łącznie „Witryną”), zgodnie ze swoimi Warunkami świadczenia usług (znajdującymi się pod adresem http://www.RiseSmart.com/terms-conditions) („WŚU”) i niniejszą Polityką prywatności. „Usługa” obejmuje (a) Witrynę, (b) Usługi RiseSmart w zakresie reorientacji zawodowej i zarządzania karierą oraz inne powiązane usługi (w tym zarządzanie plikami i usługi analityczne), a także powiązane technologie oraz (c) wszelkie oprogramowanie, materiały, portale, rekomendacje, oferty pracy, dane, raporty, tekst, obrazy, dźwięki, nagrania wideo, analizy i inne treści udostępniane za pośrednictwem któregokolwiek z powyższych elementów (łącznie zwane „Zawartością”).
RiseSmart jest administratorem danych dla wszystkich informacji zbieranych i przetwarzanych za pośrednictwem Usługi. Wszelkie nowe funkcje dodane do Usługi lub rozszerzające ją również podlegają WŚU i niniejszej Polityce prywatności. Niniejsza Polityka prywatności określa politykę RiseSmart w zakresie danych identyfikujących osobę („Dane osobowe”) i innych informacji zbieranych, przekazywanych i w inny sposób wykorzystywanych w związku ze świadczeniem Usługi. „Dane osobowe” nie obejmują danych anonimowych, które mogą być zbierane podczas korzystania z Usługi.
Twoja zgoda
Przekazując dobrowolnie na rzecz RiseSmart Dane osobowe lub w inny sposób korzystając z Usługi, wyrażasz zgodę na gromadzenie, przekazywanie i wykorzystywanie przez RiseSmart swoich Danych osobowych i innych informacji, jak podsumowano poniżej w niniejszej Polityce prywatności oraz wszelkich innych powiadomień, jakie RiseSmart może dostarczać w związku z Usługą. Masz prawo do odwołania tej zgody i zażądania usunięcia informacji, które przekazałeś(-łaś) na rzecz RiseSmart.
Jeśli zdecydujesz się skorzystać z Usługi, RiseSmart może poprosić cię o podanie Danych osobowych bezpośrednio na rzecz RiseSmart. RiseSmart może otrzymać od ciebie:
twoją historię zatrudnienia i inne doświadczenia, wykształcenie i szkolenia, inne kwalifikacje, cele zatrudnienia, oczekiwania dotyczące wynagrodzenia, zainteresowania i inne informacje dotyczące kariery i życiorysu;
informacje na temat twoich postępów w osiąganiu kamieni milowych i statusu w rozwoju kariery zawodowej oraz poszukiwaniu pracy; jak również
informacje na temat zadowolenia klienta lub inne informacje zwrotne dotyczące rozwoju twojej kariery zawodowej, poszukiwania pracy i Usługi.
Ponadto, gdy kontaktujesz się z RiseSmart za pośrednictwem Usługi, RiseSmart może zbierać od ciebie inne Dane osobowe i informacje, gdy dobrowolnie ich udzielasz, np. gdy kontaktujesz się z RiseSmart w sprawie zapytań lub odpowiadasz na jedną z ankiet RiseSmart.
Zostaniesz poproszony o podanie swoich Danych osobowych za pośrednictwem różnych kanałów w związku z Usługą, w tym poprzez aktywację swojego konta na potrzeby Usługi w formie rejestracji online lub papierowej, swój życiorys, listy kontrolne i kwestionariusze, które będziesz wypełniać dla RiseSmart, szkolenia i sesje doradcze, dyskusje, komunikację za pośrednictwem poczty elektronicznej i inne kanały. Usługa może również zbierać informacje na temat twojego adresu IP (protokół internetowy).
Na potrzeby twojego osobistego konta internetowego, które możesz założyć w ramach Usługi, RiseSmart może poprosić cię o utworzenie unikalnej nazwy użytkownika, hasła i pytania pomocniczego oraz wykorzystać te dane logowania, aby uzyskać dostęp do twojego konta. Wyrażasz zgodę na zachowanie w tajemnicy swojej nazwy użytkownika, hasła i informacji dotyczących pytań pomocniczych, a jeśli nie zachowasz tej tajemnicy, poniesiesz całkowitą odpowiedzialność za wszelkie wynikające z tego wykorzystanie, kradzież, zmianę, niewłaściwe wykorzystanie, ujawnienie lub inne straty związane z twoimi Danymi osobowymi lub innymi informacjami.
Masz prawo do żądania dostępu do danych, które zdecydujesz się udostępnić RiseSmart. Wnioski o udzielenie dostępu można składać na adres user.support@risesmart.com. RiseSmart odpowie na wnioski o udzielenie dostępu w ciągu 30 dni.
Dane osobowe otrzymane od Klienta spółki
Przyjmujesz do wiadomości, że klient spółki RiseSmart może zaangażować RiseSmart do pomocy
- obecnym i/lub byłym pracownikom klienta spółki, którzy byli lub będą zwolnieni z zatrudnienia u danego klienta spółki, w poszukiwaniu zatrudnienia za pośrednictwem Usługi („Pomoc w reorientacji zawodowej”) lub (b) obecnym pracownikom klienta spółki w rozwoju kariery zawodowej w ramach Usługi („Pomoc w rozwoju kariery”), ((a) i (b) łącznie zwane „Zobowiązaniami wobec klientów spółki”). W związku ze Zobowiązaniami wobec klientów spółki RiseSmart otrzymuje od klienta spółki listę osób uprawnionych do korzystania z Usługi. Jeśli jesteś osobą uprawnioną, lista klienta spółki może zawierać imię i nazwisko, aktualną lub ostatnią nazwę stanowiska, adres domowy, numer telefonu, adres e-mail, dział lub jednostkę biznesową oraz inne Dane osobowe.
RiseSmart przetwarza w ten sposób twoje informacje w uzasadnionym interesie, aby zapewnić ci usługę udostępnioną przez twojego pracodawcę lub byłego pracodawcę. RiseSmart korzysta z Danych osobowych otrzymanych od klientów spółki wyłącznie w celu kontaktowania się z uprawnionymi uczestnikami.
Przekazywanie Danych osobowych za granicę
Jeśli w związku z Usługą dostarczysz Dane osobowe lub zrobi to klient spółki, przyjmujesz do wiadomości i wyrażasz zgodę na przekazanie takich Danych osobowych z twojej bieżącej lokalizacji lub z bieżącej lokalizacji klienta spółki do biur i serwerów RiseSmart oraz upoważnionych osób trzecich, o których mowa w niniejszym dokumencie, zlokalizowanych w Stanach Zjednoczonych lub innych krajach.
Inne informacje i korzystanie z plików cookie
Kiedy kontaktujesz się z RiseSmart za pośrednictwem Usługi, RiseSmart otrzymuje i przechowuje niektóre dane nieidentyfikujące osoby. Takie informacje, które są zbierane w sposób bierny przy użyciu różnych technologii, obecnie nie mogą być wykorzystane do dokładnej identyfikacji ciebie. Ponadto w ramach funkcjonalności Usługi mogą być zbierane inne dane nieidentyfikujące osoby (np. zbieranie odpowiedzi na kwestionariusze, które nie zawierają danych identyfikujących osobę). RiseSmart może przechowywać takie informacje samodzielnie lub informacje takie mogą być zawarte w bazach danych będących własnością i utrzymywanych przez agentów lub dostawców usług RiseSmart. Usługa może wykorzystywać takie informacje i łączyć je z innymi informacjami w celu śledzenia na przykład całkowitej liczby osób odwiedzających Witrynę lub korzystających z Usługi, liczby osób odwiedzających każdą stronę Witryny lub Usługi oraz nazw domen dostawców usług internetowych osób odwiedzających RiseSmart. Należy pamiętać, że Dane osobowe będą dostępne i wykorzystywane w tym procesie tylko wtedy, gdy dobrowolnie je podasz lub zrobi to klient spółki, jak określono powyżej.
Podczas korzystania z Usługi RiseSmart może korzystać z technologii zwanej „cookies”. Plik cookie jest informacją, którą komputer zapewniający dostęp do Usługi przekazuje twojej przeglądarce podczas uzyskiwania przez ciebie dostępu do Usługi. Pliki cookie RiseSmart pomagają w dostarczaniu dodatkowych funkcji Usługi i pomagają RiseSmart dokładniej analizować korzystanie z Usługi. Usługa może na przykład ustawić w twojej przeglądarce plik cookie, który pozwala na dostęp do Usługi bez konieczności wprowadzania hasła więcej niż raz podczas jednej wizyty w ramach Usługi. We wszystkich przypadkach, w których RiseSmart wykorzystuje pliki cookie, RiseSmart nie będzie zbierać Danych osobowych bez twojej zgody.
RiseSmart może (i może zezwolić na to zewnętrznym dostawcom usług) korzystać z takich plików cookie lub podobnych technologii w celu zbierania informacji o twojej aktywności podczas przeglądania różnych stron internetowych po zakończeniu korzystania z Usługi. Nasza Usługa nie odpowiada obecnie na sygnały „Nie śledź” (DNT) i działa w sposób opisany w niniejszej Polityce prywatności niezależnie od tego, czy sygnał DNT jest odbierany, czy nie. Jeśli RiseSmart będzie to robić w przyszłości, opis sposobu, w jaki RiseSmart będzie to robić, zostanie przedstawiony w niniejszej Polityce prywatności.
Udostępnianie informacji Klientom Spółki
Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki w zakresie Pomocy w reorientacji zawodowej, RiseSmart może udostępnić klientowi spółki raporty o postępach i inne informacje, które mogą cię zidentyfikować oraz wskazać status korzystania przez ciebie z Usługi, zakres korzystania z Usługi, postępy w osiąganiu kamieni milowych i status w rozwoju kariery, twoje zadowolenie klienta lub inne informacje zwrotne związane z Usługą, w każdym przypadku indywidualnie lub w sposób zbiorczy (łącznie „Dane o postępach w zakresie reorientacji zawodowej”). RiseSmart może udostępniać ci narzędzia pozwalające na dostosowanie Danych o postępach w zakresie reorientacji zawodowej, które RiseSmart może udostępnić klientowi spółki. Jeśli korzystasz z Usługi zgodnie ze Zobowiązaniami wobec klientów spółki w zakresie Pomocy w rozwoju kariery, RiseSmart może udostępnić klientowi spółki raporty o postępach i inne informacje, które mogą cię zidentyfikować oraz wskazać status korzystania przez ciebie z Usługi, zakres korzystania z Usługi, postępy w osiąganiu kamieni milowych i status w poszukiwaniu pracy, twoje zadowolenie klienta lub inne informacje zwrotne związane z Usługą, w każdym przypadku w sposób zbiorczy (łącznie „Dane o postępach w zakresie rozwoju kariery”). RiseSmart może udostępniać ci narzędzia pozwalające na dostosowanie Danych o postępach w zakresie rozwój kariery, które RiseSmart może udostępnić klientowi spółki. Jeśli masz jakiekolwiek pytania lub wątpliwości dotyczące Danych o postępach w zakresie reorientacji zawodowej lub Danych o postępach w zakresie rozwój kariery, które RiseSmart może udostępniać klientowi spółki, prosimy o kontakt na adres user.support@risesmart.com (patrz informacje poniżej).
Inne zastosowania i udostępnianie twoich informacji
W ramach Usługi RiseSmart może zbierać, przekazywać i wykorzystywać twoje Dane osobowe i inne informacje w celu świadczenia Usługi, w tym między innymi w celu określenia konkretnej pomocy, której oczekujesz od Usługi, a jeśli jesteś osobą poszukującą pracy – w celu zapewnienia ci ofert pracy, szkoleń z zakresu poszukiwania pracy, pomocy w pisaniu CV i/lub innego rodzaju pomocy. RiseSmart może również wykorzystywać twoje Dane osobowe i inne informacje (a) w celu identyfikacji i uwierzytelnienia cię, np. w celu uzyskania dostępu do twojego konta usługowego i twojej komunikacji z personelem RiseSmart, lub (b) wewnętrznie, w celu zwiększenia lub dostosowania działalności usługowej RiseSmart na potrzeby twojego konta, wewnętrznego raportowania realizacji Usługi do kierownictwa RiseSmart, prowadzenia wewnętrznych szkoleń i w inny sposób zarządzania działalnością RiseSmart.
Ponadto, jeśli podasz Dane osobowe lub inne informacje na potrzeby określonego celu, RiseSmart może wykorzystać te Dane osobowe lub inne informacje w związku z danym celem, dla którego zostały one podane. Na przykład jeśli skontaktujesz się z RiseSmart przez e-mail, RiseSmart wykorzysta podane przez ciebie Dane osobowe, aby odpowiedzieć na twoje pytanie lub rozwiązać twój problem.
RiseSmart może również wykorzystywać i udostępniać twoje Dane osobowe i inne informacje zebrane za pośrednictwem Usługi w następujący sposób:
RiseSmart może wykorzystywać twoje Dane osobowe i inne informacje, aby pomóc RiseSmart w ulepszaniu Zawartości i funkcjonalności Usługi, lepszym zrozumieniu użytkowników RiseSmart i ulepszaniu Usługi.
W miarę rozwoju swojej działalności RiseSmart może sprzedawać lub kupować przedsiębiorstwa lub aktywa. W przypadku sprzedaży korporacyjnej, fuzji, reorganizacji, rozwiązania lub podobnego zdarzenia Dane osobowe i inne informacje mogą stanowić część przekazywanych aktywów.
RiseSmart może udostępniać twoje Dane osobowe i inne informacje podmiotom powiązanym RiseSmart w celach zgodnych z niniejszą Polityką prywatności.
- RiseSmart, podobnie jak wiele innych przedsiębiorstw, czasami angażuje inne spółki do pełnienia pewnych funkcji związanych z działalnością biznesową, w tym funkcji analitycznych. Kiedy RiseSmart angażuje inną spółkę do pełnienia funkcji w swoim imieniu, RiseSmart może dostarczyć jej twoje Dane osobowe i inne informacje w zakresie niezbędnym lub przydatnym do pełnienia przez nią danej funkcji. Do tych dostawców usług należą spółki, które hostują nasze serwery, dostarczają nasze narzędzia do administrowania klientami, zapewniają narzędzia komunikacji i świadczą usługi, które pomagają wykrywać i zapobiegać oszustwom.
Zagregowane Dane osobowe
Starając się lepiej zrozumieć i obsługiwać użytkowników Usługi, RiseSmart często prowadzi badania dotyczące danych demograficznych swoich użytkowników, ich zainteresowań, wyników i zachowań w oparciu o Dane osobowe i inne informacje przekazywane do RiseSmart. Badania te, a także inne wskaźniki lub analizy zachowań użytkowników, wyniki lub przeglądy mogą być kompilowane i analizowane w sposób zagregowany, a RiseSmart może udostępniać te zagregowane dane swoim podmiotom powiązanym, agentom i partnerom biznesowym. Takie zagregowane informacje nie umożliwiają identyfikacji ciebie. RiseSmart może również ujawniać zagregowane statystyki użytkowników w celu opisania usług RiseSmart obecnym i potencjalnym partnerom biznesowym oraz innym osobom trzecim dla innych celów zgodnych z prawem.
Zarządzanie informacjami
RiseSmart może otrzymywać lub wprowadzać wszystkie twoje Dane osobowe lub inne informacje w formie cyfrowej. RiseSmart może połączyć wszystkie Dane osobowe i inne informacje od ciebie lub na twój temat w jeden zastrzeżony zapis bazy danych i może przechowywać je na serwerach hostowanych w Stanach Zjednoczonych lub innych krajach. Masz prawo do zweryfikowania, czy Dane osobowe, które posiada RiseSmart na twój temat, są poprawne. Dążąc do osiągnięcia takiej dokładności, RiseSmart może poprosić i zażądać od ciebie przejrzenia podsumowania Danych osobowych i innych informacji na twoim koncie oraz potwierdzenia lub skorygowania tych informacji.
Personel RiseSmart może uzyskać dostęp do twojego konta online, określić potrzeby i działania, a jeśli jesteś osobą poszukującą pracy – zamieszczać oferty pracy na twoim koncie z dowolnego biura, podróży lub miejsca pracy.
RiseSmart podejmuje uzasadnione kroki w celu ochrony Danych osobowych i innych informacji przekazywanych za pośrednictwem Usługi przed utratą, niewłaściwym wykorzystaniem oraz nieuprawnionym dostępem, ujawnieniem, zmianą lub zniszczeniem. Przekazywanie danych drogą internetową lub pocztą elektroniczną nie jest jednak nigdy w pełni bezpieczne ani wolne od błędów. W szczególności poczta elektroniczna lub inne informacje wysyłane do lub od Usługi mogą nie być bezpieczne. Dlatego też należy zachować szczególną ostrożność przy podejmowaniu decyzji o tym, jakie informacje przesłać do RiseSmart za pośrednictwem poczty elektronicznej lub innej metody przekazywania informacji.
Linki do innych witryn internetowych
Niniejsza Polityka prywatności ma zastosowanie wyłącznie do Usługi. Usługa może zawierać linki do innych witryn internetowych, które nie są obsługiwane ani kontrolowane przez RiseSmart („Witryny internetowe osób trzecich”). Opisane tu polityki i procedury nie mają zastosowania do Witryn internetowych osób trzecich. Linki z Usługi nie oznaczają, że RiseSmart popiera Witryny internetowe osób trzecich lub dokonało ich przeglądu. RiseSmart sugeruje bezpośrednie skontaktowanie się z tymi witrynami w celu uzyskania informacji na temat ich polityki prywatności.
Informacje publiczne
W przypadku dobrowolnego przekazania RiseSmart jakichkolwiek danych osobowych za pośrednictwem Usługi lub w inny sposób, np. poprzez zamieszczenie informacji w miejscach publicznych Usługi, takich dobrowolnie przekazanych informacji nie uważa się za poufne. RiseSmart może powielać, wykorzystywać, ujawniać i rozpowszechniać takie dobrowolnie przekazane informacje wśród innych osób bez ograniczeń i bez przypisania. Wszelkie informacje zamieszczone w przestrzeni publicznej mogą być udostępniane każdej osobie posiadającej dostęp do Witryny w dowolnym miejscu na świecie i zapisywane przez nią.
Dzieci
RiseSmart nie jest przeznaczony dla dzieci poniżej 13 roku życia ani świadomie nie gromadzi informacji od nich.
Zmiany w niniejszej Polityce prywatności
Działalność Usługi i RiseSmart może się zmieniać. W związku z tym czasami może okazać się konieczne wprowadzenie przez RiseSmart zmian w niniejszej Polityce prywatności. RiseSmart zastrzega sobie prawo do aktualizowania i modyfikowania niniejszej Polityki prywatności w dowolnym momencie bez uprzedniego powiadomienia. Prosimy o okresowe przeglądanie tej polityki, w szczególności przed podaniem jakichkolwiek Danych osobowych. Niniejsza Polityka prywatności była ostatnio aktualizowana w dniu wskazanym poniżej. Dalsze korzystanie z Usługi po wprowadzeniu jakichkolwiek zmian lub rewizji w niniejszej Polityce prywatności oznacza twoją zgodę na warunki takiej zmienionej Polityki prywatności.
Kontaktowanie się z RiseSmart
Aby zapewnić dokładność, aktualność i kompletność Danych osobowych, prosimy o kontakt z RiseSmart w sposób określony poniżej. RiseSmart podejmie uzasadnione kroki w celu aktualizacji lub korekty będących w naszym posiadaniu Danych osobowych, które zostały wcześniej przekazane za pośrednictwem Usługi.
W przypadku problemów lub pytań związanych z niniejszą Polityką prywatności lub związanymi z nią kwestiami dotyczącymi prywatności, można skontaktować się z głównym inspektorem ochrony danych RiseSmart pod następującym adresem:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
E-mail: user.support@risesmart.com
Użytkownicy w Europejskim Obszarze Gospodarczym (EOG) i Szwajcarii mają prawo do złożenia skargi do organu nadzorującego ochronę danych w swoim kraju.
Wejście w życie z dniem 18 stycznia 2019 r.
Cookie Policy - Poland
Effective May 28th 2020
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W kwestii przejrzystości przedstawiamy naszą politykę w odniesieniu do plików cookie i podobnych technologii.
Czym jest plik cookie?
Plik cookie to krótki plik tekstowy stworzony przez naszą witrynę internetową i przechowywany na twoim komputerze. Plik cookie zawiera informacje na temat twojej nawigacji, aby sprawić, że będzie bardziej wydajna i przyjemna. Jest to również sposób, w jaki RiseSmart ocenia wydajność swoich usług.
Czym jest technika podobna do plików cookie?
Rozmiar plików cookie jest ograniczony i może być konieczne zapisanie jak największej ilości informacji na twoim komputerze. Istnieją inne techniki, takie jak przechowywanie lokalne, z których możemy korzystać w tych samych warunkach, w których używamy plików cookie. Czasami to twoja własna konfiguracja komputera zmusza nas do skorzystania z tych technik. Pliki cookie i podobne technologie będą podlegać tym samym zasadom.
Dlaczego korzystasz z plików cookie i podobnych technik?
Witryna nie posiada pamięci, dlatego informacje te są przechowywane na twoim komputerze przez czas trwania twojej nawigacji lub do czasu następnej wizyty.
Czy mogę zablokować pliki cookie i podobne techniki?
Tak. Blokada ta może jednak utrudniać niektóre funkcje – na przykład okna czatu z działu pomocy technicznej nie będą dostępne.
Procedurę blokowania dotyczącą twojej przeglądarki znajdziesz pod tym linkiem: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser
Aby odwiedzić naszą witrynę internetową, możesz również skorzystać z trybu prywatnego w swojej przeglądarce.
Stosujemy się do zasady „Nie śledź” w przypadku opcjonalnych plików cookie.
Jakie pliki cookie są wykorzystywane?
Korzystamy z plików cookie sesji, preferencyjnych i analitycznych.
Pliki cookie sesji umożliwiają nam śledzenie twojej nawigacji między stronami w celu uniknięcia podawania tych samych informacji na każdej nowej stronie, np. w przypadku uwierzytelniania użytkownika. Są one usuwane po zamknięciu przeglądarki.
Preferencyjne pliki cookie pozwalają nam na zapisywanie twoich wyborów w celu dostosowania nawigacji do twoich potrzeb, takich jak język użytkownika. Będą one przechowywane po zamknięciu przeglądarki.
Analityczne pliki cookie pozwalają nam na statystyczne rejestrowanie sposobu, w jaki korzystasz z naszej witryny. Informacje te nie są powiązane z osobami i są łączone z informacjami o innych użytkownikach w celu oceny wydajności naszej witryny oraz jej ulepszenia.
Możesz również spotkać się z plikami cookie osób trzecich, odpowiadającymi wybranym przez nas narzędziom zapewniającym ci dodatkowe funkcje. Nie zawsze mamy informacje na ten temat. Pojawiają się one, gdy na stronie internetowej osadzone są elementy takie jak wideo. Możesz skontaktować się z nami lub z osobami trzecimi, aby uzyskać więcej informacji na temat plików cookie, które nie znajdują się na poniższej liście:
JSESSIONID, AWSELB rejestrują twój login na witrynie internetowej.
local_cookie, org.springframework rejestrują twój język.
OptanonConsent, OptanonAlertBoxClosed rejestrują twoją zgodę na wykorzystywanie plików cookie.
_ga, _gid, _gat tworzą statystyki korzystania.
SnapABugVisit, SnapABugHistory, SnapABugRef umożliwiają pomoc użytkownikom poprzez chat.
google.co.uk, doubleclick.net, google.com tworzą statystyki marketingowe.
Walkme local storage to lokalna pamięć poświęcona wskazówkom dla użytkownika.
Zendesk local storage to lokalna pamięć poświęcona wsparciu użytkownika.
local_cookie, org.springframework rejestrują twój język.
OptanonConsent, OptanonAlertBoxClosed rejestrują twoją zgodę na wykorzystywanie plików cookie.
_ga, _gid, _gat tworzą statystyki korzystania.
SnapABugVisit, SnapABugHistory, SnapABugRef umożliwiają pomoc użytkownikom poprzez chat.
google.co.uk, doubleclick.net, google.com tworzą statystyki marketingowe.
Walkme local storage to lokalna pamięć poświęcona wskazówkom dla użytkownika.
Zendesk local storage to lokalna pamięć poświęcona wsparciu użytkownika.
Aktualizacja:
Niniejsza polityka została zatwierdzona w styczniu 2018 roku.
Może się ona zmienić w przyszłości, w zależności od nowych narzędzi, usług lub w celu dostosowania się do zmian legislacyjnych. Radzimy sprawdzać ją co jakiś czas.
RISESMART’S PRIVACY POLICY - Greece
Effective November 21st 2024
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RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective February 2nd 2024 to November 21st 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US, UK-US and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK extension to the EU-US DFP and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website,
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective February 2nd 2024 to February 2nd 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US, UK-US and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK extension to the EU-US DFP and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website,
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective December 7th 2023 to February 2nd 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Data Subject Rights
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit . RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit for more information or to file a complaint. These dispute resolution services are provided at no cost to you. For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website,
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective December 7th 2023 to December 7th 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests to correct, amend, or delete inaccurate information can be made to https://www.randstadrisesmart.com/DSAR. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit . RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit for more information or to file a complaint. These dispute resolution services are provided at no cost to you. For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website,
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective September 22nd 2023 to December 7th 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit . RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit for more information or to file a complaint. These dispute resolution services are provided at no cost to you. For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website,
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective September 11th 2023 to September 22nd 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit . RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit for more information or to file a complaint. These dispute resolution services are provided at no cost to you. For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website,
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective July 11th 2023 to September 11th 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective June 10th 2020 to July 11th 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
TERMS & CONDITIONS - Greece
Effective June 10th 2020
DownloadTable of Contents
TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your résumé, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
4.1 Client Paid Participants: In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorized RiseSmart to provide to you (i.e., you will not be charged for the specific Service package they have authorized RiseSmart to provide to you.)
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes of any jurisdiction, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your résumé, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment (if applicable) and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING, WITHOUT LIMITATION, JOB AND CAREER DEVLEOPMENT LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER OR CAREER DEVELOPMENT SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS OR OTHER INFORMATION WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT OR CAREER DELVEOPMENT THROUGH THE USE OF THE SERVICE, OR THAT ANY EMPLOYMENT OR CAREER DEVELOPMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU. Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TOS.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at user.support@risesmart.com (subject line: “DMCA Takedown Request”). You may also contact RiseSmart by mail at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that RiseSmart may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.randstadrisesmart.com/terms-conditions
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Effective February 3, 2020
TERMS OF USE - Denmark
Effective November 21st 2022
DownloadTable of Contents
Effective November 21, 2022
TERMS OF USE
TERMS OF USE
Spotlight & Insight
Spotlight & Insight are online-based tools that supports you in the context of outplacement advice from Randstad Risesmart and offers you numerous functionalities. The implementation is carried out by a third party contracted by Randstad. You have the non-exclusive, limited right to access Spotlight or Insight in accordance with the conditions below.
- Acceptance of conditions
- In Denmark, Randstad technology is offered to you by Randstad. Randstad (“Randstad”) offers you the Randstad Service (“Service”) (as defined below) through its website at www.randstadrisesmart.dk (“Site”), in accordance with these Randstad technology terms of use ("Terms"). By accepting these Terms or by accessing or using the Service or Site, you acknowledge that you have read and understand these terms and you agree to be bound by them. If you do not agree to these terms, you may not use the Service.
- Randstad Randstad may change these Terms at any time without notice. The changed terms of use come into force as soon as they are made known to you. This happens when you register in Spotlight/Insight with the access data provided to you. If you use Spotlight/Insight afterwards, your use constitutes acceptance of the changed conditions.
- Description of the Service
- The term "Service" includes (a) the Site, (b) Randstad’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other Content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these Terms.
- General Terms of Use / License
- Subject to the terms and conditions of these Terms, you may access and use the Service only for lawful purposes. The Service is for personal use only. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Randstad. You shall not (and shall not allow any third party to):
- copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party;
- use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components;
- modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or;
- use any Content on other web sites or any media (e.g., a networking environment).
- You shall comply with these Terms, any laws and regulations and all policies or other notices Randstad provides you or publishes in connection with the Service, and you shall promptly notify Randstad if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, Randstad’s Privacy Notice Outplacement.
- Randstad reserves the right to terminate the Service without prior notice if you do not comply with these Terms or any laws and/or regulations. In addition, Randstad is entitled to terminate the Service if you have not used the Service for a period of 2 years.
- Spotlight/Insight, as well as any other software provided by Randstad in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to these Terms, Randstad hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you do not attempt to discover, copy, modify, use or disassemble any source code (or any third party you have enabled/designated to do so) in order to recreate any derivative work or sell, grant, sublicense or otherwise transfer any right in Software.
- You agree not to access the Service by any means other than through the interface that is provided by Randstad for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Randstad or RiseSmart or any third party is granted to you in connection with the Service.
- You are solely responsible for all data, information, feedback, suggestions, text, Content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service is:
- is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your curriculum vitae, biographical data and employment information, if you are using the Service as a job or career development seeker), and;
- is free of bugs, worms or viruses.
- Randstad may remove, amend or supplement information, including Your Content information, that proves to be incorrect or incomplete without prior notice. It is not permitted to send or post messages and/or upload material with misleading, insulting, discriminatory or otherwise unlawful Content or - in Randstad's opinion - inappropriate or unnecessarily offensive Content. Randstad reserves the right not to post such messages and/or uploads or to remove or change them without prior notice.
- You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Randstad reserves the right to access your account to respond to your requests for technical support. Randstad takes security measures to prevent unauthorized access to and use of data in the Service. You should be aware that it is impossible to completely rule out unauthorised and/or unlawful use of your data or unintentional deterioration or loss. Accordingly, Randstad accepts no liability if, despite measures taken, data is unintentionally compromised or lost or accessed unlawfully or unauthorised, unless this is due to Randstad’s gross negligence or intent.
- You understand that the operation of the Service, including Your Content, may be unencrypted and involve:
- Subject to the terms and conditions of these Terms, you may access and use the Service only for lawful purposes. The Service is for personal use only. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Randstad. You shall not (and shall not allow any third party to):
- transmissions over various networks;
- changes to conform and adapt to technical requirements of connecting networks or devices;
- transmission to Randstad’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and;
- transmission to other third parties in connection with the provision to you of the Service.
Accordingly, you acknowledge that you are solely responsible for adequate security, protection and backup of Your Content. Randstad assumes no liability to you for any unauthorized access or use of any of Your Content, or any damage, deletion, destruction or loss of any of Your Content, unless this is due to Randstad’s gross negligence or intent.
- If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
- You acknowledge that a client of Randstad may engage Randstad to assist the client’s current and/or former employees, in their search for employment through the Service (“Client Engagements”). If you are using the Service pursuant to a Client Engagement, Randstad may make available to the client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see Randstad’s Privacy Notice Outplacement for more information regarding Randstad’s collection, use and sharing of information provided by you and clients in connection with Client Engagements.
- If you are using the Service pursuant to a Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Client Engagement pursuant to which you are granted access to the Service.
- You agree that Randstad:
- may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf,
- Randstad has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and
- may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or to:
- comply with legal proceedings, applicable laws or government requests;
- enforce these Terms;
- respond to claims that any Content or any of Your Content violates the rights of third parties; or
- protect the rights, property, or personal safety of RiseSmart, its users and the public.
- Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Client Engagement. From this point on, you will have lifetime access to the "Alumni Version" of Spotlight and you can access your saved data for an unlimited period.
- Randstad reserves the right to:
- modify or discontinue, temporarily or permanently, the Service (or any part thereof) and
- refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including but not limited to if Randstad believes that you have violated these Terms. Randstad shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
- Randstad reserves the right to:
Randstad will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Randstad . All of Your Content on the Service (if any) may be permanently deleted by Randstad upon any termination of your account in its sole discretion.
- You cannot use the Service as a repository of unique data or backup thereof. The information on the Service will not be displayed and stored indefinitely. You are responsible for ensuring an adequate backup of data. In addition, you are responsible for complying with any retention obligations imposed on you by law, regulation or agreement.
- Randstad may adjust the Service, in connection with its e.g. business processes or technological developments. In doing so, existing functionalities can be adapted, supplemented or deleted. Where necessary and possible, Randstad will inform you in advance of any changes that have a material impact on your cooperation with Randstad.
- Randstad will make reasonable efforts to guarantee the availability and quality of the Service. However, Randstad is not responsible for errors or omissions in the content and the undisturbed operation and availability of the Service. Randstad is expressly not responsible for failures or reduced availability of the Service due to force majeure (including failures on the internet, hacking, denial of service attacks) and/or acts or omissions of yourself or third parties engaged by you and excludes all liability in this respect.
- Links to other websites.
- The service may contain links to other websites. These links are only provided to you as a service. This does not mean that the content on Randstad’s third party websites has been approved. Randstad is not responsible for the content of linked third-party websites and makes no representations regarding the content or accuracy of the materials on these third-party websites. Accessing linked third-party websites is at your own risk.
- Mobile devices.
- By using the Service on a mobile device, you agree that information about your use of the Service may be shared with Randstad through your mobile device and provider, including your network provider, mobile device, and physical location. In addition, using the service on a mobile device may result in data being displayed on and via your mobile device. By accessing the service from a mobile device, you declare that if you import Randstad data onto your mobile device, you have the authority to share the transmitted data with your mobile service provider or other service provider. If you change or deactivate your mobile device / account, you must ensure that other people cannot access your account (and related messages (if applicable)) (or send content to other people). You are responsible for failure to act. You acknowledge that you are responsible for all costs and permissions required to access the Service through your mobile device and provider. Check with your provider for the terms of these services on your mobile device. By using a downloadable application to use the service, you expressly acknowledge that you accept the terms of the application end-user license agreement that may be displayed during download or installation and which may change from time to time.
- Limitation of liability.
Randstad and Risesmart assume no liability for indirect damage. Any liability will be limited to the amount paid for the Service.
- Indemnification.
- You shall defend, indemnify, and hold harmless Randstad and RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms, Your Content, or your access, contribution to, use or misuse of the Service.
- Governing Law.
- These terms and conditions are governed by Danish law. You hereby expressly agree to submit to the exclusive jurisdiction of the court of justice for the purpose of resolving any dispute relating to your access to or use of the Service.
- Apple-Enabled Software Applications.
- RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), Randstad acknowledges that these terms are agreed only between Randstad and you, and not with Apple. If you have questions, complaints, or damages claims related to the Apple Compatible Software, you can address them to Randstad as follows:
Randstad, Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States
- You and Randstad acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of these terms with respect to the Apple Compatible software, and Apple, by virtue of your acceptance of the provisions of these terms and conditions, has the right (accepted) in its capacity as a third party beneficiary to enforce these terms and conditions with respect to Apple-compatible Software against you.
- Privacy.
Confidential information, including personal data, is processed through the Service and when creating an account for the Service. Randstad will treat your personal data confidential. More information can be found in the Privacy Notice Outplacement.
Effective July 9th 2020 to November 21st 2022
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TERMS OF USE
Spotlight & Insight
Spotlight & Insight are online-based tools that supports you in the context of outplacement advice from Randstad Risesmart and offers you numerous functionalities. The implementation is carried out by a third party contracted by Randstad. You have the non-exclusive, limited right to access Spotlight or Insight in accordance with the conditions below.
- Acceptance of conditions
- In Denmark, Randstad technology is offered to you by Randstad. Randstad (“Randstad”) offers you the Randstad Service (“Service”) (as defined below) through its website at www.randstadrisesmart.dk (“Site”), in accordance with these Randstad technology terms of use ("Terms"). By accepting these Terms or by accessing or using the Service or Site, you acknowledge that you have read and understand these terms and you agree to be bound by them. If you do not agree to these terms, you may not use the Service.
- Randstad Randstad may change these Terms at any time without notice. The changed terms of use come into force as soon as they are made known to you. This happens when you register in Spotlight/Insight with the access data provided to you. If you use Spotlight/Insight afterwards, your use constitutes acceptance of the changed conditions.
- Description of the Service
- The term "Service" includes (a) the Site, (b) Randstad’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other Content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these Terms.
- General Terms of Use / License
- Subject to the terms and conditions of these Terms, you may access and use the Service only for lawful purposes. The Service is for personal use only. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Randstad. You shall not (and shall not allow any third party to):
- copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party;
- use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components;
- modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or;
- use any Content on other web sites or any media (e.g., a networking environment).
- You shall comply with these Terms, any laws and regulations and all policies or other notices Randstad provides you or publishes in connection with the Service, and you shall promptly notify Randstad if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, Randstad’s Privacy Notice Outplacement.
- Randstad reserves the right to terminate the Service without prior notice if you do not comply with these Terms or any laws and/or regulations. In addition, Randstad is entitled to terminate the Service if you have not used the Service for a period of 2 years.
- Spotlight/Insight, as well as any other software provided by Randstad in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to these Terms, Randstad hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you do not attempt to discover, copy, modify, use or disassemble any source code (or any third party you have enabled/designated to do so) in order to recreate any derivative work or sell, grant, sublicense or otherwise transfer any right in Software.
- You agree not to access the Service by any means other than through the interface that is provided by Randstad for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Randstad or RiseSmart or any third party is granted to you in connection with the Service.
- You are solely responsible for all data, information, feedback, suggestions, text, Content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service is:
- is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your curriculum vitae, biographical data and employment information, if you are using the Service as a job or career development seeker), and;
- is free of bugs, worms or viruses.
- Randstad may remove, amend or supplement information, including Your Content information, that proves to be incorrect or incomplete without prior notice. It is not permitted to send or post messages and/or upload material with misleading, insulting, discriminatory or otherwise unlawful Content or - in Randstad's opinion - inappropriate or unnecessarily offensive Content. Randstad reserves the right not to post such messages and/or uploads or to remove or change them without prior notice.
- You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Randstad reserves the right to access your account to respond to your requests for technical support. Randstad takes security measures to prevent unauthorized access to and use of data in the Service. You should be aware that it is impossible to completely rule out unauthorised and/or unlawful use of your data or unintentional deterioration or loss. Accordingly, Randstad accepts no liability if, despite measures taken, data is unintentionally compromised or lost or accessed unlawfully or unauthorised, unless this is due to Randstad’s gross negligence or intent.
- You understand that the operation of the Service, including Your Content, may be unencrypted and involve:
- Subject to the terms and conditions of these Terms, you may access and use the Service only for lawful purposes. The Service is for personal use only. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Randstad. You shall not (and shall not allow any third party to):
- transmissions over various networks;
- changes to conform and adapt to technical requirements of connecting networks or devices;
- transmission to Randstad’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and;
- transmission to other third parties in connection with the provision to you of the Service.
Accordingly, you acknowledge that you are solely responsible for adequate security, protection and backup of Your Content. Randstad assumes no liability to you for any unauthorized access or use of any of Your Content, or any damage, deletion, destruction or loss of any of Your Content, unless this is due to Randstad’s gross negligence or intent.
- If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
- You acknowledge that a client of Randstad may engage Randstad to assist the client’s current and/or former employees, in their search for employment through the Service (“Client Engagements”). If you are using the Service pursuant to a Client Engagement, Randstad may make available to the client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see Randstad’s Privacy Notice Outplacement for more information regarding Randstad’s collection, use and sharing of information provided by you and clients in connection with Client Engagements.
- If you are using the Service pursuant to a Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Client Engagement pursuant to which you are granted access to the Service.
- You agree that Randstad:
- may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf,
- Randstad has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and
- may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or to:
- comply with legal proceedings, applicable laws or government requests;
- enforce these Terms;
- respond to claims that any Content or any of Your Content violates the rights of third parties; or
- protect the rights, property, or personal safety of RiseSmart, its users and the public.
- Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Client Engagement. From this point on, you will have lifetime access to the "Alumni Version" of Spotlight and you can access your saved data for an unlimited period.
- Randstad reserves the right to:
- modify or discontinue, temporarily or permanently, the Service (or any part thereof) and
- refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including but not limited to if Randstad believes that you have violated these Terms. Randstad shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
- Randstad reserves the right to:
Randstad will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Randstad . All of Your Content on the Service (if any) may be permanently deleted by Randstad upon any termination of your account in its sole discretion.
- You cannot use the Service as a repository of unique data or backup thereof. The information on the Service will not be displayed and stored indefinitely. You are responsible for ensuring an adequate backup of data. In addition, you are responsible for complying with any retention obligations imposed on you by law, regulation or agreement.
- Randstad may adjust the Service, in connection with its e.g. business processes or technological developments. In doing so, existing functionalities can be adapted, supplemented or deleted. Where necessary and possible, Randstad will inform you in advance of any changes that have a material impact on your cooperation with Randstad.
- Randstad will make reasonable efforts to guarantee the availability and quality of the Service. However, Randstad is not responsible for errors or omissions in the content and the undisturbed operation and availability of the Service. Randstad is expressly not responsible for failures or reduced availability of the Service due to force majeure (including failures on the internet, hacking, denial of service attacks) and/or acts or omissions of yourself or third parties engaged by you and excludes all liability in this respect.
- Links to other websites.
- The service may contain links to other websites. These links are only provided to you as a service. This does not mean that the content on Randstad’s third party websites has been approved. Randstad is not responsible for the content of linked third-party websites and makes no representations regarding the content or accuracy of the materials on these third-party websites. Accessing linked third-party websites is at your own risk.
- Mobile devices.
- By using the Service on a mobile device, you agree that information about your use of the Service may be shared with Randstad through your mobile device and provider, including your network provider, mobile device, and physical location. In addition, using the service on a mobile device may result in data being displayed on and via your mobile device. By accessing the service from a mobile device, you declare that if you import Randstad data onto your mobile device, you have the authority to share the transmitted data with your mobile service provider or other service provider. If you change or deactivate your mobile device / account, you must ensure that other people cannot access your account (and related messages (if applicable)) (or send content to other people). You are responsible for failure to act. You acknowledge that you are responsible for all costs and permissions required to access the Service through your mobile device and provider. Check with your provider for the terms of these services on your mobile device. By using a downloadable application to use the service, you expressly acknowledge that you accept the terms of the application end-user license agreement that may be displayed during download or installation and which may change from time to time.
- Limitation of liability.
Randstad and Risesmart assume no liability for indirect damage. Any liability will be limited to the amount paid for the Service.
- Indemnification.
- You shall defend, indemnify, and hold harmless Randstad and RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms, Your Content, or your access, contribution to, use or misuse of the Service.
- Governing Law.
- These terms and conditions are governed by Danish law. You hereby expressly agree to submit to the exclusive jurisdiction of the court of justice for the purpose of resolving any dispute relating to your access to or use of the Service.
- Apple-Enabled Software Applications.
- RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), Randstad acknowledges that these terms are agreed only between Randstad and you, and not with Apple. If you have questions, complaints, or damages claims related to the Apple Compatible Software, you can address them to Randstad as follows:
Randstad, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
United States of America
- You and Randstad acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of these terms with respect to the Apple Compatible software, and Apple, by virtue of your acceptance of the provisions of these terms and conditions, has the right (accepted) in its capacity as a third party beneficiary to enforce these terms and conditions with respect to Apple-compatible Software against you.
- Privacy.
Confidential information, including personal data, is processed through the Service and when creating an account for the Service. Randstad will treat your personal data confidential. More information can be found in the Privacy Notice Outplacement.
Cookie Policy - Denmark
Effective July 9th 2020
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You are at www.randstadrisesmart.dk, the website of Randstad A/S, hereinafter referred to as ‘Randstad Risesmart’ or “we”.
Our website (www.randstadrisesmart.dk and its subdomains) uses cookies.
Cookies are small text files that will be stored in your device (computer, tablet or mobile phone) via your browser primarily to enhance the convenience of using the site, to enable certain functions and to to make visiting our website attractive. Third parties can also place cookies and similar techniques to monitor your internet behavior and show your personalized advertisements outside our website. The information in the cookies relates to your device, your browser and to the way you flip through our content and is not linked to your name, address or e-mail address.
To the extent personal information may be collected using cookies, such information will only be processed in accordance with the Randstad Risesmart Privacy Notice.
Cookies can be placed directly by our website or by third parties with whom we cooperate to help us diagnose technical problems, analyze the traffic to our website, analyze trends, observe and measure how our visitors engage with our website and identify preferences.
These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies, services you have asked for, such as logging in, cannot be provided.
These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
These cookies collect information about how visitors use a website, for instance, which pages visitors go to most often, and if they get error messages from web pages. Only Randstad Risesmart has access to the data collected via these cookies and we do not make these data available to third parties.
These cookies are used to deliver adverts more relevant to you and your interests They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organization including social media services that we have added to the site to enable you to share our content.
If you wish to change your preference regarding cookies go to the cookie settings:
cookie settings
You can also prevent your browser to store cookie and/or delete the cookies from your device at any time via the browser settings. Please consult the ‘Help’ section on your internet browser for instructions on this.
If you choose to not accept cookies, you should be aware that you may no longer be able to make use of all possibilities and functionalities of our website, and that certain parts of the website may also no longer be visible or accessible.
Most of the cookies we use will be deleted when you end the browser session (so-called session cookies). Other cookies will remain stored in your device longer, for a period of 2 years, with the exception of the web analytics cookies which can be stored in your device maximum of 10 years.
We may update the Cookies Statement from time to time. You can see the date on which the last change was made below in this statement. We advise you to review our Cookies Statement on a regular basis so that you are aware of any changes.
If you have any questions about this policy or any privacy concerns, or would like to exercise your rights, or obtain further information about the safeguards we have in place so that your personal data is adequately protected when transferred outside the EEA, dpo@randstad.dk.
This statement was updated on: 1 July 2020
Privacy Policy - Denmark
Effective September 17th 2024
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PRIVACY NOTICE OUTPLACEMENT
Your privacy and the security of your personal data is important to Randstad A/S ("Randstad Risesmart", "we" or "us"). Randstad Risesmart is responsible for ensuring that all personal data is processed correctly and in accordance with applicable data protection legislation. Protecting your personal data and privacy is part of the day-to-day work of our employees. As data controller, Randstad Risesmart is responsible for processing your personal data and for determining how and for what purpose the data are processed.
Randstad Risesmart provides outplacement services, career management-, assessment- & competence- and employability services. These services we provide to you and our clients, both in person as well as through our website, are subject to our Terms of Services and this Privacy Notice.
personal data controller and contact information
Randstad A/S, CVR number 25 05 05 41 is the Personal Data Controller for processing your personal data when providing the Outplacement services.
what personal data we process and how it is collected
Randstad Risesmart processes your personal data when you are registered as a participant in one of our services/programs. We collect and process the personal data necessary for our service.
The personal data that are processed are name, address, e-mail address, phone number, personal ID number, information on career ambitions, branches of industry you would like to work in, CV such as work experience and previous jobs, information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us, information on your milestone progress and status in job searching, information on your customer satisfaction or other feedback about the job search and the service and other information you voluntarily provide us with.
We collect and process personal data:
- That you yourself provide in connection with your registration as a participant in one of our services/programs, which you leave on our website or when your data is shared with us by the commissioning organisation, our client, as part of our agreement with our client in relation to the services.
- That we collect from you during your participation in one of our services/programs, for instance information regarding your work experience, career ambitions, branches of industry you would like to work in.
this is what we use the personal data for
Purpose of the process | Legal grounds for the process | |
To provide and manage the services which are provided to you as a participant in our services/programs in as, i.e. to help you develop your career. | Necessary to fulfil our contractual undertakings toward you as a participant in the Outplacement program and towards our client. | |
To manage enquiries that you pose to our support. | Necessary for our legitimate interest to ensure that you, as participant in our Outplacement program, can communicate with us. | |
To perform market analysis, system tests, business and method development and to provide the client with a progress report regarding the assignment. | Necessary for our legitimate interest to ensure that the services/programs and our systems meet the participants' and our clients’ needs over time. | |
To provide direct marketing and offers from Randstad Risesmart. | Your consent. You have the right to withdraw your consent at any time. | |
For management purposes including management information, organizing internal compliance and control, performing audits and data analysis and general audits | Necessary for our legitimate interest to develop and safeguard our services, our organisation and your data. |
with whom do we share your personal data
We may share your personal data with other companies within the Randstad group for the purpose of providing you with our services/programs and with subcontractors that provide us with services, such as suppliers of operating services and system support. Randstad Risesmart will continue to be responsible for the processing of your personal data that we perform or subcontractors perform on behalf of Randstad Risesmart. Subcontractors may not use the personal data for any purposes other than those specified by us. The sharing of personal data within the Randstad Risesmart Group or to subcontractors occurs in order to fulfil the contract between us, i.e. for us to be able to provide you with the agreed services.
When we share personal data according to the above, the personal data may be transferred to companies within as well as outside the European Economic Area ("EEA"). All such transfers are in accordance with applicable legislation, and if personal data is processed outside the EEA, it will be subject to suitable protective measures. Such suitable protective measures include the European Commission's model clauses for such transfers, that the European Commission has decided that the country provides an adequate level of protection or that the receiving company is certified under the EU-US Privacy Shield.
Your personal data will also be shared with Randstad Risesmart's commissioning company or its partners in the event that this is necessary in order to provide you with our services, i.e to help you develop your career. If we provide the client with your personal data, the commissioning company itself will be a Data Controller, independent from Randstad Risesmart, for processing your personal data after receiving these data from us.
how long do we save your personal data
We process your personal data as long as it is necessary in regards to why the personal data was collected. This entails that the personal data are deleted after the contractual commitments for the assignment in question have been concluded.
security
Randstad Risesmart has adopted the appropriate technical and organisational measures to protect personal data from loss, misuse, unauthorised access, disclosure, alteration and destruction. To ensure that personal data is processed in a secure and confidential manner, we use data networks that are protected against hacking by such means as firewalls and password protection according to industry standards. To ensure that we can safeguard the personal data that you provide to us via the Internet, we may use encryption technology when we transfer such personal data to our servers over the Internet. Randstad Risesmart employees and suppliers are bound by confidentiality agreements and are obliged to comply with Randstad Risesmart's rules for information and IT security, internal policies concerning the processing of personal data and other internal regulations and guidelines that further regulate the processing of personal data.
your rights
According to the General Data Protection Regulation, you have certain rights concerning your personal data.
- Right to access – You have the right to receive certain information concerning the manner in which we process your personal data. Such information is provided through this document. You also have the right to access a copy of your personal data that we process about you.
- Right to rectification – You have the right to have incorrect personal data about you rectified.
- Right to deletion – Under certain circumstances, you have the right to have your personal data deleted. This is commonly known as "the right to be forgotten". However, the right to deletion is conditioned, and a request may be left without action.
- The right to restriction of processing – Under certain circumstances, you have the right to request that the processing of your personal data is restricted. However, the right to restriction is conditioned, and a request may be left without action.
- Right to data portability – You have the right to receive personal data that you have provided to us (or request the transfer of the personal data directly from us to a new Data Controller) in a structured, commonly used and machine-readable format.
- Right to object – You have the right to object to our processing of your personal data if the process is based on our legitimate interest, if you do not believe that Randstad has a legitimate interest to process the personal data. The right to object also applies to the processing of personal data for direct marketing purposes.
Please read more about your rights here:
https://www.datatilsynet.dk/generelt-om-databeskyttelse/hvad-er-dine-rettigheder/
https://www.datatilsynet.dk/generelt-om-databeskyttelse/hvad-er-dine-rettigheder/
You can make use of your rights in different ways.
When you are registered as a participant in our Outplacement program, a profile at Randstad Risesmart will be created and here you can get access to a large part of the personal data recorded about you. You can change a number of data yourself at any time, for example by making changes to your CV or your account details.
If you wish to access all your processed personal information, then please send a request via www.randstad.dk/dsr.
If you wish to change information or delete information, which you can not change by yourself, or delete information please write an email to dpo@randstad.dk.
If you have questions about Randstad Risesmart's use of personal data, you can contact Randstad’s Data Protection Officer by sending an email to dpo@randstad.dk.
You also have the right to issue a complaint to the applicable regulatory authority at any time if you believe that Randstad’s processing of your personal data is in conflict with applicable data protection legislation.
Last updated: 1 July 2020
Effective July 9th 2020 to September 17th 2024
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PRIVACY NOTICE OUTPLACEMENT
Your privacy and the security of your personal data is important to Randstad A/S ("Randstad Risesmart", "we" or "us"). Randstad Risesmart is responsible for ensuring that all personal data is processed correctly and in accordance with applicable data protection legislation. Protecting your personal data and privacy is part of the day-to-day work of our employees. As data controller, Randstad Risesmart is responsible for processing your personal data and for determining how and for what purpose the data are processed.
Randstad Risesmart provides outplacement services, career management-, assessment- & competence- and employability services. These services we provide to you and our clients, both in person as well as through our website, are subject to our Terms of Services and this Privacy Notice.
personal data controller and contact information
Randstad A/S, CVR number 25 05 05 41 is the Personal Data Controller for processing your personal data when providing the Outplacement services.
what personal data we process and how it is collected
Randstad Risesmart processes your personal data when you are registered as a participant in one of our services/programs. We collect and process the personal data necessary for our service.
The personal data that are processed are name, address, e-mail address, phone number, personal ID number, information on career ambitions, branches of industry you would like to work in, CV such as work experience and previous jobs, information on training and education courses and/or tests that you have followed or taken, on your own initiative or via us, information on your milestone progress and status in job searching, information on your customer satisfaction or other feedback about the job search and the service and other information you voluntarily provide us with.
We collect and process personal data:
- That you yourself provide in connection with your registration as a participant in one of our services/programs, which you leave on our website or when your data is shared with us by the commissioning organisation, our client, as part of our agreement with our client in relation to the services.
- That we collect from you during your participation in one of our services/programs, for instance information regarding your work experience, career ambitions, branches of industry you would like to work in.
this is what we use the personal data for
Purpose of the process | Legal grounds for the process | |
To provide and manage the services which are provided to you as a participant in our services/programs in as, i.e. to help you develop your career. | Necessary to fulfil our contractual undertakings toward you as a participant in the Outplacement program and towards our client. | |
To manage enquiries that you pose to our support. | Necessary for our legitimate interest to ensure that you, as participant in our Outplacement program, can communicate with us. | |
To perform market analysis, system tests, business and method development and to provide the client with a progress report regarding the assignment. | Necessary for our legitimate interest to ensure that the services/programs and our systems meet the participants' and our clients’ needs over time. | |
To provide direct marketing and offers from Randstad Risesmart. | Your consent. You have the right to withdraw your consent at any time. | |
For management purposes including management information, organizing internal compliance and control, performing audits and data analysis and general audits | Necessary for our legitimate interest to develop and safeguard our services, our organisation and your data. |
with whom do we share your personal data
We may share your personal data with other companies within the Randstad group for the purpose of providing you with our services/programs and with subcontractors that provide us with services, such as suppliers of operating services and system support. Randstad Risesmart will continue to be responsible for the processing of your personal data that we perform or subcontractors perform on behalf of Randstad Risesmart. Subcontractors may not use the personal data for any purposes other than those specified by us. The sharing of personal data within the Randstad Risesmart Group or to subcontractors occurs in order to fulfil the contract between us, i.e. for us to be able to provide you with the agreed services.
When we share personal data according to the above, the personal data may be transferred to companies within as well as outside the European Economic Area ("EEA"). All such transfers are in accordance with applicable legislation, and if personal data is processed outside the EEA, it will be subject to suitable protective measures. Such suitable protective measures include the European Commission's model clauses for such transfers, that the European Commission has decided that the country provides an adequate level of protection or that the receiving company is certified under the EU-US Privacy Shield.
Your personal data will also be shared with Randstad Risesmart's commissioning company or its partners in the event that this is necessary in order to provide you with our services, i.e to help you develop your career. If we provide the client with your personal data, the commissioning company itself will be a Data Controller, independent from Randstad Risesmart, for processing your personal data after receiving these data from us.
how long do we save your personal data
We process your personal data as long as it is necessary in regards to why the personal data was collected. This entails that the personal data are deleted after the contractual commitments for the assignment in question have been concluded.
security
Randstad Risesmart has adopted the appropriate technical and organisational measures to protect personal data from loss, misuse, unauthorised access, disclosure, alteration and destruction. To ensure that personal data is processed in a secure and confidential manner, we use data networks that are protected against hacking by such means as firewalls and password protection according to industry standards. To ensure that we can safeguard the personal data that you provide to us via the Internet, we may use encryption technology when we transfer such personal data to our servers over the Internet. Randstad Risesmart employees and suppliers are bound by confidentiality agreements and are obliged to comply with Randstad Risesmart's rules for information and IT security, internal policies concerning the processing of personal data and other internal regulations and guidelines that further regulate the processing of personal data.
your rights
According to the General Data Protection Regulation, you have certain rights concerning your personal data.
- Right to access – You have the right to receive certain information concerning the manner in which we process your personal data. Such information is provided through this document. You also have the right to access a copy of your personal data that we process about you.
- Right to rectification – You have the right to have incorrect personal data about you rectified.
- Right to deletion – Under certain circumstances, you have the right to have your personal data deleted. This is commonly known as "the right to be forgotten". However, the right to deletion is conditioned, and a request may be left without action.
- The right to restriction of processing – Under certain circumstances, you have the right to request that the processing of your personal data is restricted. However, the right to restriction is conditioned, and a request may be left without action.
- Right to data portability – You have the right to receive personal data that you have provided to us (or request the transfer of the personal data directly from us to a new Data Controller) in a structured, commonly used and machine-readable format.
- Right to object – You have the right to object to our processing of your personal data if the process is based on our legitimate interest, if you do not believe that Randstad has a legitimate interest to process the personal data. The right to object also applies to the processing of personal data for direct marketing purposes.
Please read more about your rights here:
https://www.datatilsynet.dk/generelt-om-databeskyttelse/hvad-er-dine-rettigheder/
https://www.datatilsynet.dk/generelt-om-databeskyttelse/hvad-er-dine-rettigheder/
You can make use of your rights in different ways.
When you are registered as a participant in our Outplacement program, a profile at Randstad Risesmart will be created and here you can get access to a large part of the personal data recorded about you. You can change a number of data yourself at any time, for example by making changes to your CV or your account details.
If you wish to access all your processed personal information, then please send a request via www.randstad.dk/dsr.
If you wish to change information or delete information, which you can not change by yourself, or delete information please write an email to dpo@randstad.dk.
If you have questions about Randstad Risesmart's use of personal data, you can contact Randstad’s Data Protection Officer by sending an email to dpo@randstad.dk.
You also have the right to issue a complaint to the applicable regulatory authority at any time if you believe that Randstad’s processing of your personal data is in conflict with applicable data protection legislation.
Last updated: 1 July 2020
TERMINI e CONDIZIONI - TNC - Italy
Effective July 13th 2020
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TERMINI e CONDIZIONI
1. Accettazione dei Termini.
1.1 RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (come denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito nominato “Sito”) sottomesso ai presenti Termini di servizio, (qui di seguito denominati “TOS” (Terms Of Service in inglese). Accettando i presenti TOS, accedendo o utilizzando il Servizio o il Sito, l’Utente accetta di aver letto e compreso i presenti TOS, e di approvare di esserne vincolato. Qualora l’Utente non sia d’accordo con i presenti TOS, lo invitiamo a non accettarli e pertanto non potrà utilizzare il Servizio.
1.2 RiseSmart è autorizzata a modificare tali TOS quando necessario, senza alcun preavviso. I termini e condizioni modificati entrano in vigore dal momento della loro pubblicazione. Se l’Utente utilizza il Servizio dopo tale data, tale utilizzo verrà considerato come un’accettazione tacita dei termini e delle condizioni modificati. Se l’Utente non considera accettabili alcune modifiche dei TOS, l’unica soluzione è la cessazione dell’accesso e dell’utilizzo del Servizio.
2. Descrizione del servizio.
Il “Servizio” include
(a) il Sito,
(b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (inclusa la gestione dei file e i servizi analitici), le tecnologie connesse e le applicazioni (tra cui, senza limitazioni, le applicazioni e i servizi a cui è possibile accedere tramite tutte le interfacce mobili o meno, che permettono l’accesso a tali servizi e applicazioni),
(c) tutti i software (incluso il Software, come denominato di seguito), i materiali, i portali, le raccomandazioni, i suggerimenti di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (collettivamente denominati “Contenuti”). Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai presenti TOS.
3. Condizioni generali/Accesso e utilizzo del Servizio.
3.1 In conformità con i termini e condizioni dei presenti TOS, l’accesso dei nostri Utenti al Servizio e il suo utilizzo sono ammessi unicamente per scopi leciti. Tutti i diritti, i titoli, gli interessi all’interno e per il Servizio e le sue componenti verranno conservati e rimarranno proprietà esclusiva di RiseSmart. Non sono autorizzati (e questo vale sia per l’Utente sia per le terze parti)
(a) la copia, la riproduzione, la modifica, la cancellazione, la distribuzione, il download, la conservazione, la trasmissione, la pubblicazione, la creazione di opere derivate, la decompilazione e l’assemblaggio inverso o qualunque tentativo, diretto o indiretto, di scoprire qualsiasi codice sorgente, la vendita, la sublicenza, la rivendita, l’affitto, la concessione, il trasferimento, l’assegnazione o la condivisione di proprietà del Servizio, nonché lo sfruttamento a scopo commerciale di questo e la messa a disposizione del Servizio a terzi;
(b) l’utilizzo del Servizio per scopi non conformi con la legge (incluso, senza limitazioni, il suo utilizzo in violazione di qualsiasi legge sui dati, sulla privacy o sul controllo dell’esportazione) in qualsivoglia maniera che interferisca con o che sia in opposizione con l’integrità o con le prestazioni del servizio o dei suoi componenti;
(c) la modifica, l’adattamento o il pirataggio del Servizio avente come obiettivo l’ottenimento di un accesso non autorizzato al Servizio o ai sistemi e alle reti ad esso connesse;
(d) l’utilizzo di qualsiasi contenuto in altri siti o media (e.g., ambienti di networking).
I nostri Utenti sono tenuti a conformarsi a tutti i codici di condotta e a tutte le politiche o notifiche fornite da RiseSmart in rapporto al Servizio. Sono tenuti inoltre a dare comunicazione immediata a RiseSmart per quanto riguarda una qualsiasi violazione di sicurezza al Servizio. Inoltre, utilizzando alcuni servizi, i nostri Utenti saranno soggetti a ulteriori termini, applicabili ai servizi che potrebbero essere pubblicati nel Servizio, tra i quali è inclusa, senza limitazioni, la Politica sulla privacy di RiseSmart.
3.2 Qualsiasi software reso disponibile da RiseSmart in rapporto con il Servizio (“Software”) contiene informazioni di proprietà riservate e confidenziali, protette dalle leggi applicabili sulla proprietà intellettuale e da altre leggi. Nel rispetto dei termini delle condizioni di questi TOS, RiseSmart garantisce con la Presente diritto e licenza personali, non trasferibili, non concedibili in sublicenza e non esclusivi, di utilizzare il codice oggetto di qualsiasi Software in un singolo dispositivo, unicamente se in rapporto con il Servizio. I nostri Utenti accettano di non accedere al Servizio con qualsivoglia mezzo che non sia l’interfaccia fornita da RiseSmart per un utilizzo finalizzato all’accesso al Servizio. Tutti i diritti non espressamente garantiti nel presente documento sono riservati e non sono garantiti ai nostri Utenti nessun diritto e nessuna licenza di utilizzare marchi di proprietà di RiseSmart o qualsiasi terza parte in relazione con il Servizio.
3.3 Ogni Utente è l’unico responsabile di tutti i dati, le informazioni, i riscontri, i suggerimenti, i testi, i contenuti e altri materiali da esso scaricati, pubblicati, forniti, consegnati o trasmessi in qualsivoglia maniera o conservati (qui di seguito “trasmessi” /“trasmissione”) in relazione o in rapporto con il Servizio (“Il Contenuto Utente”). Ogni Utente si porta con la Presente rappresentante e garante del fatto che il proprio Contenuto da esso trasmesso nel rispetto del Servizio
(a) sia attendibile, corretto, legale, decente, onesto e completo (incluso, senza limitazioni, per quanto riguarda il suo curriculum, i suoi dati anagrafici e le sue informazioni occupazionali, se l’Utente utilizza il Servizio alla ricerca di lavoro o alla ricerca di uno sviluppo di carriera),
(b) sia esente da errori, worm o virus. L’Utente approva che RiseSmart possa procedere a rimozione del suo Contenuto dal Servizio qualora ritenga che l’Utente agisca in violazione di quanto detto in precedenza o di altri termini dei presenti TOS. L’Utente ha la responsabilità di mantenere la confidenzialità dei propri login, password e account, nonché di tutte le attività effettuate all’interno del suo login o account. RiseSmart si riserva il diritto di accedere all’account dell’Utente al fine di rispondere alle sue richieste di assistenza tecnica. Trasmettendo il proprio Contenuto nel o tramite il Servizio, l’Utente è tenuto a garantire e garantisce di fatto con la Presente a RiseSmart la licenza non esclusiva, perenne, irrevocabile, senza royalty, interamente pagata, concedibile in sublicenza e trasferibile, di utilizzare, modificare, riprodurre, distribuire, visualizzare, pubblicare ed eseguire il suo Contenuto in relazione con il Servizio. RiseSmart ha il diritto, ma non l’obbligo, di vagliare o monitorare il Servizio, il Contenuto o il Contenuto Utente. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o accuse da parte di terzi o delle autorità competenti in materia di tale Contenuto), o per ragioni non precisate.
3.4 L’Utente prende conoscenza del fatto che la gestione del Servizio, incluso del suo Contenuto, potrebbe essere non cifrato e che comprende (a) la trasmissione attraverso diverse reti, (b) cambiamenti volti a conformare o adattare le prescrizioni tecniche di connessione di reti o dispositivi, (c) la trasmissione a venditori esterni di RiseSmart e l’hosting di partner per fornire gli hardware, i software, il networking, la conservazione e le relative tecnologie necessarie per l’esecuzione e il mantenimento del Servizio, e (d) la trasmissione ad altri terzi in relazione con l’erogazione del Servizio all’Utente. Analogamente, l’Utente riconosce di avere la responsabilità esclusiva delle misure di sicurezza, di protezione e di backup del suo Contenuto. RiseSmart non sarà ritenuto in alcun caso responsabile per qualsiasi accesso o utilizzo non autorizzato di Contenuti di sua proprietà, o per qualsiasi danneggiamento, cancellazione, distruzione o perdita di Contenuti di sua proprietà.
3.5 Qualora l’Utente sia alla ricerca di lavoro o di sviluppo di carriera, egli è tenuto ad accettare di agire con coscienza, agendo con prudenza e buon senso nel gestire le opportunità di lavoro e altre informazioni offerte da o ottenute tramite il Servizio, nonché ad assumersi il rischio di qualsivoglia affidamento o utilizzo di tutti i Contenuti (il che include qualsiasi suggerimento sulle diverse opportunità di lavoro o consiglio relativo alla carriera) fornito tramite il Servizio.
3.6 L’incapacità da parte di RiseSmart di esercitare o applicare qualsiasi diritto o erogazione dei presenti TOS non costituisce deroga a questo diritto. L’Utente prende conoscenza del fatto che i presenti TOS hanno valore di contratto tra esso e RiseSmart, quantunque questi siano stati firmati per via elettronica e non fisica da parte dell’Utente e di RiseSmart, e che questi disciplinano l’utilizzo del Servizio da parte dell’Utente, sostituendosi a qualsivoglia accordo simile finalizzato in precedenza tra l’Utente e RiseSmart.
3.7 L’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi e/o gli ex dipendenti del cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) qui di seguito collettivamente denominati “Impegni verso il Cliente Azienda). Qualora l’Utente utilizzi il Servizio conformemente all’Impegno verso i Clienti Azienda per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’azienda rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo status dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo status relativo alla ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata. Qualora l’Utente utilizzi il Servizio conformemente agli Impegni verso il Cliente Azienda per Assistenza all’Evoluzione della Carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo status di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo status dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo status relativo alla ricerca di lavoro o in evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in forma aggregata per ogni singolo caso. Invitiamo i gentili Utenti a consultare la Politica sulla privacy di RiseSmart per ulteriori informazioni in merito alla raccolta, all’utilizzo e alla condivisione delle informazioni fornite dagli Utenti stessi o dai clienti dell’impresa, da parte di RiseSmart, in relazione con gli Impegni verso il Cliente Azienda.
3.8 Qualora l’Utente utilizzi il Servizio conformemente a uno degli Impegni verso il Cliente Azienda, costui è tenuto ad accettare che il Servizio ad esso erogato non ecceda i limiti del campo di applicazione, della durata o di altre restrizioni dell’Impegno verso i Clienti Azienda, il cui rispetto costituisce condizione sine qua non dell’accesso al Servizio.
3.9 L’Utente accetta che RiseSmart (a) stabilisca una serie di pratiche e di limiti attinenti all’utilizzo del Servizio, incluso, senza limitazioni, il lasso di tempo massimo durante il quale il Contenuto o qualsiasi contenuto dell’Utente verrà conservato dal Servizio e i limiti di spazio di conservazione che verranno concessi a suo nome, (b) RiseSmart non si assuma nessuna responsabilità o assoggettamento per la soppressione o l’impossibilità di conservare qualsiasi Contenuto o qualsiasi contenuto dell’Utente conservato o caricato nel Servizio, e (c) abbia il diritto di conservare del Contenuto o qualsiasi Contenuto dell’Utente nonché di divulgare del Contenuto o il Contenuto dell’Utente qualora questo dovesse esser prescritto per legge o qualora lo ritenga in buona fede necessario al fine di: (i) conformarsi con qualsiasi processo di natura legale, o con le leggi o le normative applicabili che lo impongono; (ii) applicare le presenti TOS; (iii) rispondere ad eventuali reclami relativi alla presunta violazione dei diritti di terzi da parte di un Contenuto o di qualsiasi Contenuto dell’Utente; o (iv) proteggere i diritti, la proprietà o l’incolumità personale di RiseSmart, dei suoi Utenti e del pubblico. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto o di qualsiasi Contenuto imputabile all’Utente, in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o accuse da parte di terzi o delle autorità competenti in materia di tale Contenuto o del Contenuto dell’Utente), o per ragioni non precisate.
4. Pagamento.
Nella misura in cui il Servizio o qualsiasi parte dello stesso è disponibile a pagamento (e qualora non sia pagato da un’impresa cliente di RiseSmart), l’Utente è tenuto a selezionare un piano di pagamento e a fornire a RiseSmart le informazioni relative alla sua carta di credito o di un’altra modalità di pagamento. L’Utente garantisce a RiseSmart che le informazioni fornite sono veritiere che si è autorizzati ad utilizzare lo strumento di pagamento indicato. L’Utente procederà quanto prima all’inserimento delle proprie informazioni bancarie includendo le eventuali modifiche (ad esempio, una modifica dell’indirizzo di fatturazione o della data di scadenza della propria carta di credito). L’Utente accetta di pagare a RiseSmart l’importo specificato nel piano di pagamento in conformità con i termini di tale piano e dei presenti TOS. Con la Presente l’Utente autorizza RiseSmart a procedere all’addebito sul metodo di pagamento indicato in anticipo a scadenza regolare, conformemente ai termini del piano di pagamento applicabile, fino alla chiusura dell’account dell’Utente in questione, il quale accetta inoltre di pagare eventuali costi aggiuntivi se necessario. Qualora l’Utente desideri fare opposizione ad eventuali costi aggiuntivi, egli è tenuto ad avvisare RiseSmart entro sessanta (60) giorni a decorrere dalla data della fattura emessa da RiseSmart. RiseSmart si riserva il diritto di modificare i prezzi dei servizi erogati in qualsiasi momento. Qualora RiseSmart dovesse procedere a modifica delle tariffe relative ai servizi erogati, RiseSmart ne avvertirà gli Utenti tramite notifica sul Sito o via e-mail individuale, nelle opzioni di RiseSmart, con minimo 30 giorni di anticipo rispetto alla data di entrata in vigore della modifica. Il proseguimento dell’utilizzo del Servizio dopo l’entrata in vigore della modifica del prezzo è considerato come tacita accettazione del pagamento dell’importo modificato. Qualora l’Utente utilizzi il Servizio conformemente a un Impegno verso il Cliente Azienda, a tale cliente Azienda verrà addebitato il package del Servizio specifico che ha autorizzato RiseSmart ad erogare all’Utente in questione.
5. Dichiarazioni e garanzie.
Nell’ambito dell’utilizzo dell’Utente, questi accetta di NON: violare qualsivoglia regolamento locale, statale e federale, regolamento e statuto di qualsivoglia giurisdizione, tra cui, a titolo non esaustivo, leggi e regolamenti americani relativi alle esportazioni e alle leggi relative alle pari opportunità in materia di lavoro; violare qualsivoglia diritto relativo alla proprietà individuale e alla privacy, incluso, ma non limitato a brevetti, copyright, marchio di fabbrica o segreti industriali, di terze parti; caricare, pubblicare, trasmettere o conservare qualsivoglia materiale contrario alla legge, di natura offensiva, diffamatoria, fraudolenta, ingannevole, fallace, dannosa, minacciosa, molesta, oscena o riprovevole; che costituisca violazione di qualsivoglia obbligo contrattuale o di natura confidenziale; che pregiudichi o interferisca con le operazioni normali del Servizio, come la pubblicazione o la trasmissione di virus, worm, script, macro o codici di natura dannosa di qualsiasi tipo, la pubblicazione continua di contenuti ripetitivi o la pubblicazione di quantità anormali di dati; o che non siano consentiti da RiseSmart, tra cui, a titolo non esaustivo, qualsiasi materiale di natura pubblicitaria, materiale promozionale indesiderato, “junk mail”, “spam mail”, “chain letter”, schemi piramidali, franchise, distributori, affiliazioni a club, accordi commerciali, o qualsivoglia materiale non accettabile; violare altri diritti relativi alla privacy o alla persona, mandando e-mail indesiderate e raccogliendo informazioni personali di terzi; infrangere o tentare di infrangere qualsiasi misura di sicurezza relativa al Servizio; utilizzare qualsiasi dispositivo, processo o meccanismo al fine di monitorare, recuperare, cercare o accedere al Servizio, e.g. spider o robot, senza previo consenso; accedere o tentare di accedere a qualsiasi account o login di terzi registrati al Servizio; o pubblicare o inoltrare qualsiasi informazione falsa, inattendibile o incompleta, come il proprio curriculum, le proprie informazioni anagrafiche o occupazionali; usurpare l’identità di un’altra persona o di un’altra entità; falsificare qualsiasi intestazione di posta elettronica o mail; o falsificare la propria identità, la propria affiliazione con qualsiasi terza parte, o la propria entità.
6. Cessazione.
L’Utente ha il diritto di chiudere il proprio account in qualsiasi momento in conformità con le procedure stabilite sul Sito o fornite separatamente, ove applicabile. Qualora l’Utente utilizzi il Servizio in conformità con un Impegno verso il Cliente Azienda, costui è tenuto ad accettare che l’accesso a tale Servizio arrivi a scadenza al momento della cessazione di tale Impegno verso un Cliente Azienda. RiseSmart si riserva il diritto di (i) modificare o interrompere, in via temporaria o definitiva, il Servizio (o parte dello stesso) e di (ii) rifiutare l’utilizzo corrente o futuro, parziale o completo, del Servizio, di sospendere o chiudere l’account (o parte dello stesso) di un Utente e rimuovere e eliminare qualsiasi Contenuto dell’Utente in questione all’interno del Servizio, per qualsivoglia ragione, incluso qualora RiseSmart ritenga che tale Utente abbia violato i presenti TOS. RiseSmart non potrà essere considerata in alcun modo responsabile nei confronti dei suoi Utenti per qualsiasi modifica, sospensione o interruzione del Servizio. RiseSmart si impegna a sforzarsi in buona fede a contattare ogni Utente per avvisarlo prima di procedere a sospensione o chiusura del suo account da parte di RiseSmart. Tutti i Contenuti del Servizio (se del caso) potranno essere cancellati definitivamente da parte di RiseSmart al momento della chiusura dell’account di un Utente, a sua esclusiva discrezione. Qualora RiseSmart dovesse procedere a chiusura di un account senza precisarne le ragioni, e qualora l’Utente abbia sottoscritto a un servizio a pagamento, se applicabile (esclusivamente in caso di Impegno verso il Cliente Azienda) RiseSmart provvederà al rimborso proporzionale della quota non acquisita di qualsiasi importo prepagato a RiseSmart per tale servizio. Ciononostante, tutti i diritti di pagamento maturati e i termini della Sezione 4-12 vanno applicati indipendentemente dalla cessazione dei presenti TOS.
7. ESONERI.
IL SERVIZIO, INCLUSI IL SITO, IL CONTENUTO (INCLUSO, SENZA LIMITAZIONI, PROPOSTE DI LAVORO E DI EVOLUZIONE DELLA CARRIERA, LE RACCOMANDAZIONI E LE STATISTICHE) E TUTTI I COMPONENTI DEI SERVER E DELLA RETE SONO FORNITI SULLA BASE DELLE DISPONIBILITÀ E DELLE POSSIBILITÀ, SENZA GARANZIE DI NESSUN TIPO, E RISESMART SI DICHIARA ESENTE DALLA RESPONSABILITÀ DI FORNIRE GARANZIE IN MERITO, SIANO ESSE ESPLICITE O IMPLICITE, TRA CUI, A TITOLO NON ESCLUSIVO, LE GARANZIE IMPLICITE DI COMMERCIABILITÀ, TITOLI O IDONEITÀ PER FINALITÀ SPECIFICHE, E LA NON-VIOLAZIONE. L’UTENTE ACCETTA LA DECISIONE DI RISESMART DI NON GARANTIRE CHE IL SERVIZIO NON SIA SOGGETTO A INTERRUZIONI, O CHE NON SIA SUFFICIENTEMENTE RAPIDO, SICURO, INDENNE DA ERRORI O VIRUS E CHE NESSUNA INFORMAZIONE, NOTIFICA O SERVIZIO OTTENUTI DALL’UTENTE DA PARTE DI RISESMART O TRAMITE IL SERVIZIO SIA ALL’ORIGINE DI GARANZIE NON ESPRESSAMENTE ENUNCIATE NEI PRESENTI TOS. SENZA PERTANTO LIMITARE IL CARATTERE GENERALE DI QUANTO PRECEDE, QUALORA L’UTENTE SIA ALLA RICERCA DI LAVORO O DI UNO SVILUPPO DI CARRIERA, (A) L’UTENTE IN QUESTIONE PRENDE ATTO E ACCETTA CHE EVENTUALI PROPOSTE DI LAVORO PUBBLICATE DA RISESMART SUL SUO ACCOUNT POSSANO ESSERE RICEVUTE ANCHE DA ALTRE PARTI, SENZA ALCUN TIPO DI ESAME SPECIFICO E CHE (B) RISESMART NON AUTORIZZA O GARANTISCE LA LEGITTIMITÀ O LA CORRETTEZZA DELLE OFFERTE DI LAVORO O DELLE INFORMAZIONI, NÉ GARANTISCE L’OTTENIMENTO REALE DI UN POSTO DI LAVORO, DI UNO SVILUPPO DI CARRIERA GRAZIE AL SERVIZIO O CHE I POSTI DI LAVORO O GLI SVILUPPI DI CARRIERA OTTENUTI TRAMITE IL SERVIZIO SIANO ADATTI ALLE NECESSITA’ DELL’UTENTE O CORRISPONDANO ALLE SUE ASPETTATIVE. RiseSmart non può essere ritenuta responsabile in nessun caso e in qualsivoglia maniera per qualsiasi contenuto o materiale di terzi (inclusi gli utenti), tra cui, a titolo non esclusivo, per qualsiasi errore o omissione presenti nei contenuti, né per perdite o danneggiamenti di qualsiasi natura relativi all’utilizzo di tali contenuti. L’Utente riconosce che RiseSmart non preseleziona i contenuti. Nondimeno, RiseSmart e relativi designati hanno il diritto (ma non l’obbligo), a loro esclusiva discrezione, di rifiutare o rimuovere qualsiasi contenuto disponibile via il Servizio. L’Utente accetta di valutare e assumersi tutti i rischi associati all’uso di qualsiasi contenuto, incluso quelli relativi all’affidabilità relativa all’esattezza, all’esaustività o all’utilità di tale contenuto.
8. LIMITAZIONI DI RESPONSABILITÀ.
8.1. IN NESSUN CASO E SECONDO NESSUNA TEORIA LEGALE (IN CASO DI CONTRATTO, DI TORTO O ALTRO) RISESMART POTRÀ ESSERE RITENUTA RESPONSABILE NEI CONFRONTI DEI PROPRI UTENTI PER (A) EVENTUALI DANNI INDIRETTI, ACCIDENTALI, SPECIALI, ESEMPLARI, CONSEQUENZIALI O PUNITIVI, INCLUSI GUADAGNI PERSI, VENDITE O AFFARI MANCATI, PERDITA DI DATI O INTERRUZIONE DI AFFARI, O (B) PER EVENTUALI DANNI, COSTI, PERDITE O PASSIVITÀ IN ECCESSO RISPETTO ALLE TARIFFE PAGATE DALL’UTENTE DURANTE I SEI (6) MESI CHE PRECEDONO GLI EVENTI CHE HANNO DATO LUOGO AL RECLAMO EFFETTUATO DA UN UTENTE, O, IN CASO DI MANCATO PAGAMENTO DELL’IMPORTO DOVUTO, AL PAGAMENTO DI CENTO ($100) DOLLARI AMERICANI. LE DISPOSIZIONI DI CUI ALLA PRESENTE SEZIONE DEFINISCONO I RISCHI STABILITI DAI PRESENTI TOS TRA LE PARTI, E LE PARTI IN QUESTIONE HANNO ACCETTATO DI SOTTOMETTERSI A TALI LIMITAZIONI NELL’ACCETTARE DI SOTTOSCRIVERE AI PRESENTI TOS.
8.2 Alcuni Stati non consentono l’applicazione degli esoneri, l’esenzione dalle garanzie implicite o la limitazione delle responsabilità in caso di danni consequenziali o accidentali, il che implica la possibilità che alcune delle limitazioni enumerate nella Sezione 7 (Esoneri) e 8 (Limitazione delle responsabilità) risultino non applicabili o vincolanti per l’Utente. IN QUESTI STATI, LA RESPONSABILITÀ DI RISESMART SARÀ LIMITATA NELLA MASSIMA MISURA PERMESSA DALLA LEGGE IN VIGORE. SE L’UTENTE È UN RESIDENTE DEL NEW JERSEY, LE DISPOSIZIONI ENUMERATE NELLE SEZIONI 7 (ESONERI) E 8 (LIMITAZIONI DELLE RESPONSABILITÀ) SONO APPLICABILI NEI LIMITI DELLE LEGGI DEL NEW JERSEY. SE UNA QUALSIASI DELLE PARTI CHE COMPONGONO TALI SEZIONI NON RISULTA VALIDA SECONDO LA LEGGE DEL NEW JERSEY, IL CARATTERE NON VALIDO DI TALI PARTI NON PREGIUDICA LA VALIDITÀ DELLE PARTI RIMANENTI DELLA SEZIONE APPLICABILE.
9. Indennizzo.
L’Utente è tenuto a difendere, rimborsare e indennizzare RiseSmart da e contro eventuali rivendicazioni, azioni o richieste, incluso, e senza limitazioni, spese contabili e legali, causate o risultanti da qualunque violazione da parte sua dei presenti TOS, qualsiasi Contenuto di cui è responsabile o qualsiasi altro accesso, contribuzione all’uso e l’uso improprio del Servizio per un ammontare non eccedente, in ogni caso, il valore delle fee pagate a Risesmart in base al contratto. RiseSmart provvederà a notificare ogni Utente di tali reclami, cause o richieste. RiseSmart si riserva il diritto di assumersi la difesa e il controllo esclusivi di qualsiasi problema soggetto a indennizzo relativo alla presente sezione. Qualora si dovesse verificare tale situazione, l’Utente accetta di cooperare rispondendo a qualsiasi ragionevole richiesta, e di portare il proprio sostegno alla difesa di RiseSmart in merito a tale problema. A prescindere da quanto detto, l’Utente non è nell’obbligo di indennizzare, difendere o manlevare RiseSmart da o contro eventuali reclami, azioni o richieste nella misura risultante da tutte le azioni o inazioni di RiseSmart.
10. Attribuzione.
L’Utente non è autorizzato ad attribuire i presenti TOS senza previo consenso di RiseSmart. Cionondimeno, RiseSmart può attribuire o trasferire i presenti TOS, interamente o parzialmente, senza restrizione alcuna.
11. Diritto applicabile.
I presenti TOS sono regolati dalla legge italiana, a prescindere dai conflitti di legge. Salvo disposizioni contrarie impartite da RiseSmart per casi particolari, l’Utente acconsente espressamente a sottomettersi alla giurisdizione del Tribunale di Milano per la risoluzione di qualsiasi controversia relativa all’accesso o all’utilizzo del Servizio.
12. DMCA.
Il Digital Millennium Copyright Act del 1998 (il “DMCA”, legge americana sulla proprietà intellettuale) prevede la possibilità di fare ricorso per chiunque consideri che del materiale presente su internet infranga i propri diritti, protetti dalla legge americana sul copyright (proprietà intellettuale). RiseSmart si impegna a prendere in considerazione e a indagare su eventuali notifiche di presunta violazione della legge in questione e ad intraprendere le azioni necessarie, conformemente alla legge DMCA e a tutte le leggi applicabili in merito alla proprietà intellettuale nei confronti di qualsiasi presunta o effettiva violazione di queste. Le notifiche di pretesa violazione della proprietà intellettuale vanno inviate all’operatore addetto alle questioni di copyright di RiseSmart, all’indirizzo user.support@risesmart.com(con oggetto: “DMCA Takedown Request”, ovvero “Denuncia per violazione della legge DMCA”). L’Utente può inoltre contattare RiseSmart via e-mail all’indirizzo:
Attenzione: Operatore addetto alle questioni di copyright
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notifica: Al fine di garantire l’efficacia della notifica, questa va stilata per iscritto e deve contenere le seguenti informazioni:
- una firma a mano o elettronica della persona autorizzata ad agire per conto del detentore del copyright o di altri interessi di proprietà intellettuale;
- una descrizione del materiale soggetto a copyright o ad altre clausole di proprietà intellettuale che l’Utente ritiene siano stati violati;
- una descrizione dell’ubicazione nel sito del materiale che l’Utente considera imputabile di violazione, contenente tutti i dettagli necessari per permettere a RiseSmart di individuarlo nel Sito;
- l’indirizzo, il numero di telefono e l’e-mail dell’Utente che inoltra la richiesta;
- una dichiarazione scritta dall’Utente, il quale deve esplicitare, in buona fede, che l’azione in causa non è autorizzata dal proprietario del copyright o della proprietà intellettuale, dal suo agente o dalla legge;
- una dichiarazione sull’onore effettuata dall’Utente, pena l’accusa di falsa testimonianza, in cui deve confermare che le informazioni precedentemente trasmesse nella notifica sono esatte, e che è il detentore della proprietà intellettuale, o la persona autorizzata ad agire per conto del detentore della proprietà intellettuale o del copyright di cui è questione.
13. 1. Applicazioni del software compatibili con Apple.
RiseSmart offre una serie di applicazioni volte a operare in connessione con prodotti commercializzati da Apple Inc. (“Apple”), oltre ad altre piattaforme. Per quanto concerne il Software commercializzato per l’utilizzo in connessione con prodotti del marchio Apple (come i Software “Software compatibili Apple”), oltre agli altri termini e condizioni stabiliti per i presenti TOS, si applicano anche i seguenti termini e condizioni:
- RiseSmart e i suoi Utenti riconoscono che le presenti TOS sono oggetto di contratto unicamente tra RiseSmart e ogni Utente, e non con Apple, e che tra RiseSmart e Apple, RiseSmart, e non Apple, è l’unica responsabile per il Software compatibile con Apple, e per il contenuto dello stesso.
- È vietato utilizzare il Software compatibile con Apple in qualsivoglia maniera che costituisca violazione delle disposizioni di utilizzo per il Software compatibile con Apple enunciate nei Termini di Servizio dell’App Store, o che sia non conforme o in conflitto con queste.
- L’autorizzazione di utilizzare il Software compatibile con Apple è limitata a una licenza non trasferibile di utilizzo del Software compatibile con Apple per un dispositivo iOS di proprietà o di controllo dell’Utente, come stabilito dai Termini di Servizio dell’App Store.
- Apple non ha in alcun caso l’obbligo di fornire servizi di assistenza o manutenzione per quanto concerne il Software compatibile con Apple.
- Apple non è responsabile per le garanzie prodotto, esplicite o implicite che siano. Qualora il Software compatibile con Apple dovesse riscontrare problemi di conformità con la garanzia applicabile, l’Utente è invitato a notificare Apple, e Apple provvederà a rimborsare il prezzo di acquisto, se del caso, del Software compatibile con Apple all’Utente interessato; inoltre, nella massima misura di quanto previsto dalla legge applicabile, Apple non ha obblighi di garanzia di nessun tipo nei confronti del Software compatibile con Apple, o in caso di reclami, perdite, responsabilità, danni, costi o spese imputabili all’impossibilità di conformarsi a qualsiasi garanzia, la cui responsabilità sarà attribuibile unicamente a RiseSmart, salvo esoneri previsti dalla legge applicabile.
- RiseSmart e l’Utente riconoscono che RiseSmart, e non Apple, è l’unica responsabile per eventuali reclami effettuati dall’Utente o da terzi, concernenti un Software compatibile con Apple di proprietà di un Utente e/o dell’utilizzo di tale Software compatibile con Apple, tra cui, a titolo non esaustivo: (i) reclami relativi alla responsabilità per il prodotto; (ii) qualsiasi reclamo relativo all’impossibilità del Software compatibile con Apple di conformarsi a prescrizioni legali o regolamentari ; e (iii) reclami in rapporto con la protezione del consumatore o con simili normative.
- Qualora una terza parte venga a rivendicare una violazione dei propri diritti di proprietà intellettuale imputabili al Software compatibile con Apple o al possesso e all’utilizzo dei questo da parte dell’utilizzatore finale, nel contenzioso che implica RiseSmart e Apple, RiseSmart, e non Apple sarà da considerarsi come responsabile per l’indagine, la difesa, la risoluzione e l’appuramento di tale rivendicazione di violazione della proprietà intellettuale.
- L’utente dichiara e garantisce che non si risiede in Paesi soggetti a embargo da parte del Governo degli Stati Uniti, o designati dal Governo degli Stati Uniti come un Paese che “sostiene il terrorismo”; e (iii) che non fa parte di nessuna lista dei soggetti sottomessi a restrizioni o divieti del Governo statunitense.
- Per qualsiasi domanda, lamentela o reclamo in merito al Software compatibile con Apple, invitiamo i nostri Utenti a rivolgersi a RiseSmart al seguente indirizzo:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart e l’Utente riconoscono e accettano che Apple e società affiliate di Apple sono terze parti beneficiarie di questi TOS per quanto concerne il Software compatibile con Apple, e che, in virtù dell’accettazione dei termini e condizioni contenuti nel presente TOS, Apple è in diritto (e verrà considerato che ha accettato tale diritto) di sottomettere l’Utente all’applicazione dei seguenti TOS per quanto concerne il Software compatibile con Apple in quanto terza parte beneficiaria degli stessi.
- Per maggiori informazioni, consultare: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Link verso altri siti.
Il Servizio potrebbe contenere link verso siti internet di proprietà di terze parti. Tali link sono forniti all’Utente esclusivamente per motivi di praticità, e non costituiscono adesione di RiseSmart ai contenuti di tali siti internet appartenenti a terze parti. RiseSmart non è responsabile per i contenuti dei siti correlati appartenenti a terze parti e non prende posizione in merito ai contenuti o all’esattezza dei materiali contenuti in tali siti appartenenti a terze parti. Qualora l’Utente desideri accedere ai siti correlati appartenenti a terze parti, lo fa a suo rischio e pericolo.
15. Dispositivi mobili.
Se l’Utente utilizza il Servizio da dispositivi mobili, egli è tenuto ad accettare che le informazioni riguardanti l’utilizzo che fa del Servizio tramite dispositivo e supporto mobile vengano comunicate a RiseSmart, tra cui e a titolo non esaustivo il supporto mobile , il dispositivo mobile o la posizione fisica dell’Utente. Inoltre, l’utilizzo del Servizio attraverso dispositivo mobile potrebbe comportare la visualizzazione dei dati nel o tramite il dispositivo mobile dell’Utente. Accendendo al Servizio tramite dispositivo mobile, l’Utente è a conoscenza che nella misura in cui importa informazioni di RiseSmart che lo riguardano sul proprio dispositivo mobile, è libero di condividere tali informazioni con il proprio dispositivo mobile e con altri fornitori di accesso. Qualora l’Utente sostituisca o disattivi il proprio dispositivo o account mobile, egli è tenuto ad accertarsi che il proprio account (e tutti i messaggi ad esso correlati (ove applicabile)), non siano accessibili a terzi (o trasmessi ad altre parti) e il mancato rispetto di questa raccomandazione è sua esclusiva responsabilità. L’Utente riconosce di essere responsabile per eventuali spese e permessi necessari relativi all’accesso al Servizio tramite il proprio dispositivo mobile e fornitore di accesso. Pertanto, invitiamo i gentili Utenti a contattare il proprio fornitore per venire a conoscenza dei termini specifici relativi a questi servizi per i loro dispositivi mobili. Utilizzando qualsiasi applicazione disponibile per il download utile ad abilitare l’utilizzo del Servizio, l’Utente conferma implicitamente l’accettazione dei termini dell’End User Agreement (Accordo relativo alla licenza con l’utente finale) associato all’applicazione ottenuta al momento del download o dell’installazione, o di qualsiasi eventuale aggiornamento puntuale.
Entrata in vigore in data 18 gennaio 2019
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POLITICA SULLA PRIVACY DI RISESMART
Effective July 13th 2020
DownloadTable of Contents
POLITICA SULLA PRIVACY DI RISESMART
RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (così denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai relativi Termini di servizio (ubicati all’indirizzo http://www.RiseSmart.com/terms-conditions) (i “TOS”) e alla presente Politica sulla privacy. Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (tra cui la gestione dei file e i servizi analitici), le tecnologie connesse e (c) tutti i software i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (qui di seguito generalmente denominati “Contenuti”).
RiseSmart effettua il controllo dati per tutte le informazioni raccolte e trattate tramite il Servizio. Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai TOS e alla presente Politica sulla privacy. La presente Politica sulla privacy stabilisce la politica di RiseSmart concernente il rispetto delle informazioni personali identificabili (“Dati personali”) e altre informazioni raccolte, trasmesse o comunque utilizzate in rapporto con il Servizio. I dati anonimi, che potrebbero essere raccolti durante l’utilizzo del Servizio da parte dell’Utente, non sono inclusi nella categoria “Dati personali.”
Il consenso dell’Utente
Fornendo volontariamente e RiseSmart dati personali o comunque usufruendo del Servizio, l’Utente riconosce e acconsente che RiseSmart raccolga, trasmetta e utilizzi i suoi Dati personali e altre informazioni come descritto qui di seguito in questa Politica sulla privacy e in tutte le altre segnalazioni fornite puntualmente da RiseSmart in relazione con in Servizio. L’Utente ha la facoltà di revocare tale autorizzazione e di esigere che l’informazione de esso fornita a RiseSmart venga eliminata.
Dati personali ricevuti dal cliente
Qualora l’Utente desideri usufruire del Servizio, RiseSmart gli richiederà di fornire direttamente a RiseSmart i propri Dati personali. RiseSmart riceverà da ogni Utente:
- nome, professione attuale o recente, nome dell’azienda, numero di telefono, indirizzo, indirizzo e-mail e altre informazioni identificative o di contatto;
- la cronologia del percorso professionale, educativo e formativo dell’Utente, altre qualifiche, obiettivi di impiego, aspettative di retribuzione, interessi e altre informazioni anagrafiche e relative alla carriera;
- le informazioni relative alla progressione dei milestone e all’avanzamento della carriera e delle ricerche di impiego; e
- informazioni relative al livello di soddisfazione cliente dell’Utente, o ad altri riscontri relativi all’evoluzione della carriera, alla ricerca di un impiego e al Servizio.
Inoltre, quando l’Utente interagisce con RiseSmart tramite il Servizio, RiseSmart è autorizzata a raccogliere Dati personali e informazioni che lo riguardano, quando queste sono fornite volontariamente da parte dell’Utente, come nel caso in cui egli contatti RiseSmart per qualsiasi richiesta o compili uno dei sondaggi di RiseSmart.
Ad ogni Utente verrà richiesto di fornire Dati personali tramite svariati canali in relazione con il Servizio, incluso tramite attivazione del suo account per il Servizio, via registrazione online o su carta stampata, come il suo curriculum, la sua checklist e i questionari completati per RiseSmart, le formazioni, le sessioni di counseling, le discussioni, gli scambi via e-mail e altri canali. Il Servizio è autorizzato inoltre a raccogliere l’indirizzo IP (Internet Protocol) dell’Utente.
Per l’account personale che ogni Utente può creare sul Servizio, RiseSmart è autorizzata a chiedere di impostare un unico nome utente, un’unica password e domanda di sicurezza, nonché a utilizzare queste informazioni di accesso al fine di accedere al suo account. L’Utente accetta di proteggere la segretezza del nome utente, della password e della domanda di sicurezza, e qualora l’Utente non possa più garantire tale segretezza, egli verrà tenuto come unico responsabile per qualsiasi utilizzo che ne risulti, e per qualsiasi furto, alterazione, uso improprio, divulgazione o altri danni in rapporto con i suoi Dati personali e altre informazioni.
L’Utente è autorizzato a esigere l’accesso ai dati forniti a RiseSmart. La richiesta di accesso va inviata al seguente indirizzo: user.support@risesmart.com. RiseSmart si impegna a rispondere a tale richiesta di accesso entro 30 giorni.
Dati personali ricevuti da un cliente azienda
L’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi o gli ex dipendenti del cliente azienda che siano stati o che saranno esonerati dall’assunzione di tale cliente azienda, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente azienda con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) successivamente indicati come “Impegni verso il Cliente Azienda”) . RiseSmart, in adeguamento con gli Impegni verso il Cliente Azienda, riceve dal cliente Azienda una lista di persone ammissibili al Servizio. Se ammissibile, la lista cliente azienda deve includere il nome dell’Utente, la sua professione attuale o recente, l’indirizzo postale, il numero di telefono, l’indirizzo e-mail, l’unità o il dipartimento aziendale, e altri Dati personali.
RiseSmart elabora come descritto le informazioni relative ad ogni Utente per il suo legittimo interesse, fornendogli un servizio resogli accessibile dal suo datore di lavoro o ex datore di lavoro. RiseSmart utilizza i Dati personali ricevuti dai clienti azienda al fine di contattare i partecipanti ammissibili.
Trasferimenti internazionali dei Dati personali
Se l’Utente o il cliente di azienda fornisce Dati personali in relazione con il Servizio, l’Utente riconosce e accetta che tali Dati personali possano essere trasferiti dalla posizione del cliente dell’Utente o dell’azienda verso le sedi e i server di RiseSmart e verso terze parti autorizzate qui citate, sul territorio degli Stati Uniti o di altri Paesi.
Informazioni complementari e Uso dei cookie
Quando un utente interagisce con RiseSmart tramite il Servizio, RiseSmart riceve e conserva alcune informazioni personalmente non identificabili. Tali informazioni, raccolte passivamente a mezzo di svariate tecnologie, non possono essere utilizzate per identificare personalmente l’Utente. Inoltre, il Servizio è autorizzato a raccogliere altre informazioni personalmente non identificabili, a fini funzionali per il Servizio (e.g. la raccolta di risposte ai questionari che non contengono informazioni personalmente identificabili). RiseSmart è autorizzata a conservare tali informazioni o queste informazioni potrebbero essere inserite in un database di proprietà e gestione di RiseSmart o di fornitori d’accesso. Il Servizio è autorizzato a utilizzare tali informazioni e riunirle insieme ad altre informazioni al fine di individuare, ad esempio, il numero totale di visitatori del Sito o del Servizio, il numero di visitatori per ogni pagina del Sito o del Servizio e i nomi di dominio dei fornitori d’accesso internet dei visitatori di RiseSmart. È importante notare che nessun Dato personale è disponibile o utilizzato in questo processo, salvo qualora l’Utente o il cliente azienda lo fornisca volontariamente, come sopra esposto.
A scopi funzionali per il Servizio, RiseSmart potrebbe fare ricorso a una tecnologia chiamata “cookie.” Un cookie consiste in un’informazione che il computer che ospita il Servizio trasmette al browser dell’utente quando accede al Servizio. I cookie di RiseSmart migliorano la funzionalità del Servizio e contribuiscono a rendere più attendibili le analisi del Servizio da parte di RiseSmart. Ad esempio, il Servizio potrebbe installare un cookie sul navigatore dell’utente, che gli permette di accedere al Servizio senza che sia necessario inserire la password più volte durante la visita al Servizio. Qualora RiseSmart utilizzi dei cookie, RiseSmart si impegna a raccogliere informazioni personali unicamente con il permesso dell’Utente.
RiseSmart è autorizzata (ed è autorizzata ugualmente a permettere a fornitori di terze parti) ad utilizzare tali cookie o tecnologie simili al fine di raccogliere informazioni in merito alle attività di navigazione dell’Utente nel tempo e attraverso diversi siti internet durate l’utilizzo del Servizio. Il nostro Servizio attualmente non risponde ai segnali “Do not Track” (DNT) ed opera come descritto nella presente Politica sulla privacy, indipendentemente dalla ricezione o meno di segnali DNT. Qualora RiseSmart dovesse decidere di farlo in futuro, verrà fornita una descrizione completa delle modalità di tale decisione nella presente Politica sulla privacy.
Condivisione di informazioni con i Clienti azienda
Se l’Utente utilizza il Servizio conformemente all’Impegno verso i Clienti azienda per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente azienda report sullo stato di avanzamento e altre informazioni che potrebbero comportare l’identificazione dell’Utente in questione, nonché indicare lo status dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo status relativo all’evoluzione della carriera, il livello di soddisfazione dell’Utente o altri riscontri in relazione al Servizio, su scala individuale o in forma aggregata che sia (qui di seguito generalmente denominati “Dati relativi all’evoluzione dell’outplacement”). Puntualmente, RiseSmart potrebbe mettere a disposizione dell’Utente alcuni strumenti volti a permettergli di modificare i Dati relativi all’evoluzione dell’outplacement, che RiseSmart è autorizzata a condividere con il cliente azienda. Se l’Utente utilizza il Servizio conformemente all’Impegno verso i Clienti azienda per Assistenza all’evoluzione della carriera, RiseSmart può rendere accessibile al cliente azienda report sullo stato di avanzamento del servizio e altre informazioni che potrebbero comportare l’identificazione dell’Utente in questione, nonché indicare lo status dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo status relativo all’evoluzione della ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in tutti i casi in forma aggregata (qui di seguito collettivamente denominati “Dati relativi all’evoluzione della carriera”). Puntualmente, RiseSmart potrebbe mettere a disposizione dell’Utente alcuni strumenti volti a permettergli di modificare i Dati relativi all’evoluzione della carriera, che RiseSmart è autorizzata a condividere con il cliente dell’impresa. Per qualsiasi domanda o dubbio in merito ai Dati relativi all’evoluzione dell’outplacement o ai dati relativi all’assistenza alla carriera che RiseSmart è autorizzata a condividere con il cliente dell’impresa, invitiamo i gentil Utenti a contattare user.support@risesmart.com(informazioni dettagliate di seguito).
Altri usi e condivisione delle informazioni Utente
Nei limiti del campo di applicazione del Servizio, RiseSmart è autorizzata a raccogliere, trasmettere e utilizzare i dati personali dei propri utenti al fine di garantire l’erogazione del suo Servizio, incluso senza limitazioni al fine di determinare il tipo di assistenza particolare che l’Utente desidera ottenere da parte del Servizio, e, qualora l’Utente in questione sia alla ricerca di lavoro, di offrirgli suggerimenti di lavoro, formazioni sulla ricerca di lavoro, assistenza alla redazione del curriculum e/o altri tipi di assistenza. RiseSmart è inoltre autorizzata ad utilizzare i Dati personali e altre informazioni (a) per identificare e autenticare l’Utente, e.g. per permettergli l’accesso all’account del Servizio e la comunicazione dell’Utente con il personale di RiseSmart, o (b) a livello interno al fine di intensificare o migliorare l’attività del Servizio di RiseSmart per l’account dell’Utente, effettuare rapporti interni sull’efficienza del Servizio al management RiseSmart, svolgere formazioni a livello interno e in generale gestire le attività di RiseSmart.
Inoltre, qualora l’Utente fornisca Dati personali o altre informazioni per ragioni specifiche, RiseSmart è autorizzata a utilizzare i dati personali o altre informazioni in rapporto con la ragione per cui tali informazioni sono state fornite. Ad esempio, qualora l’Utente contatti RiseSmart via e-mail, RiseSmart sarà autorizzata ad utilizzare i Dati personali forniti al fine di rispondere alle domande dell’Utente o a risolvere il problema da egli sollevato.
RiseSmart è inoltre autorizzata ad utilizzare e a condividere i Dati personali dell’Utente e altre informazioni raccolte durante il Servizio, secondo le seguenti modalità:
- RiseSmart è autorizzata a utilizzare i Dati personali e altre informazioni al fine di migliorare il Contenuto e la funzionalità del Servizio, migliorare la comprensione degli Utenti di RiseSmart e migliorare il Servizio.
- Poiché RiseSmart sviluppa le proprie attività, è probabile che RiseSmart proceda alla vendita o all’acquisto di attività o capitali. Nell’eventualità di un’acquisizione aziendale, di una fusione, di una riorganizzazione, dissoluzione o evento simile, i Dati personali e altre informazioni potrebbero far parte dei beni trasferiti.
- RiseSmart è autorizzata a condividere i Dati personali e altre informazioni con gli affiliati di RiseSmart, per fini coerenti con la sua Politica sulla privacy.
- RiseSmart, come molte altre imprese, ingaggia puntualmente altre aziende al fine di eseguire alcune funzioni relative all’attività, incluse le statistiche. Nell’ingaggiare altre aziende al fine di eseguire funzioni specifiche per suo conto, RiseSmart è autorizzata a fornire loro i Dati personali dei suoi utenti e altre informazioni nella misura necessaria o utile al fine di eseguire tali funzioni specifiche. Questi fornitori di servizi includono aziende che ospitano i nostri server, forniscono ai nostri clienti strumenti di gestione, strumenti di comunicazione, e servizi volti ad individuare e prevenire la frode.
- RiseSmart è autorizzata a divulgare i Dati personali dell’Utente e altre informazioni se richiesto dalla legge o in buona fede se ritiene che tale azione sia necessaria al fine di (i) conformarsi a qualsiasi obbligo legale, (ii) proteggere e difendere i diritti o la proprietà di RiseSmart, (iii) agire in circostanze urgenti al fine di proteggere la sicurezza personale degli utenti del Servizio o del pubblico, o (iv) proteggere da eventuali responsabilità legali.
Dati personali aggregati
In un continuo sforzo per comprendere al meglio ed erogare un migliore Servizio possibile ai propri Utenti, RiseSmart conduce regolarmente ricerche sulle informazioni demografiche, gli interessi e i comportamenti dei propri Utenti, basandosi sui Dati personali o su altre informazioni da essi fornite a RiseSmart. Questa ricerca e le altre misurazioni o analisi sui comportamenti, i risultati o le recensioni dell’Utente possono essere compilati e analizzati su base aggregata, e RiseSmart è autorizzata a condividere tali dati aggregati con i suoi affiliati, agenti o partner commerciali. Queste informazioni aggregate non permettono l’identificazione personale dell’Utente a cui appartengono. RiseSmart è inoltre autorizzata a divulgare le statistiche che concernono l’Utente, al fine di descrivere i servizi di RiseSmart ai propri partner commerciai attuali o potenziali, e a terze parti per altri fini leciti.
Gestione delle informazioni
RiseSmart è autorizzata a ricevere o inserire tutte le informazioni personali dell’Utente o altre informazioni in forma digitale. RiseSmart è autorizzata a riunire tutti i Dati personali e altre informazioni che riguardano l’Utente in unico record di un database proprietario, nonché a conservarli in server ospitati negli Stati Uniti o in altri Paesi. L’Utente ha il diritto di accertarsi che i dati personali in possesso di RiseSmart siano attendibili. Con l’obiettivo di garantire tale attendibilità, RiseSmart è autorizzata a suggerire o a esigere da parte dell’Utente la revisione di un riassunto dei propri dati personali e di altre informazioni presenti sul suo account, e a confermare o a correggere eventualmente tali informazioni.
Il personale di RiseSmart è autorizzato ad accedere all’account dell’Utente, a determinare bisogni e punti di azione, e, se l’Utente è alla ricerca di lavoro, a pubblicare suggerimenti di lavoro da qualsiasi ufficio o luogo di lavoro o di viaggio.
RiseSmart adotta ragionevoli provvedimenti per proteggere i Dati personali e altre informazioni fornite tramite il Servizio da perdite, uso improprio e accesso non autorizzato, divulgazione, alterazione o distruzione. Cionondimeno, nessuna trasmissione via internet o e-mail può essere considerata sempre completamente sicura e protetta da eventuali errori. In particolare, le e-mail o altre trasmissioni inviate a o dal Servizio potrebbero non essere sicure. Pertanto, invitiamo il gentile Utente a prendere le dovute precauzioni nel decidere quali informazioni inviare a RiseSmart via e-mail o tramite qualsiasi altro mezzo di trasmissione.
Link verso altri siti web
La presente Politica sulla privacy si applica unicamente al Servizio. Il Servizio potrebbe contenere link verso altri siti web non gestiti né controllati da RiseSmart (i “Siti di terze parti”). Le politiche e le procedure qui descritte non si applicano ai Siti di terze parti. I link presenti sul Servizio non implicano che RiseSmart appoggi o abbia verificato i Siti di terze parti. RiseSmart consiglia ai gentili Utenti di contattare direttamente questi siti per maggiori informazioni in merito alle loro politiche sulla privacy.
Informazioni pubbliche
Qualora l’Utente fornisca informazioni personali non richieste a RiseSmart attraverso il Servizio o altri mezzi, quali la pubblicazione di informazioni in zone pubbliche del Servizio, tali informazioni verranno ritenute non confidenziali. RiseSmart è libera di riprodurre, divulgare e distribuire tali informazioni non richieste a terzi senza limitazioni o attribuzioni alcune. Qualsiasi informazione pubblicata in zone pubbliche è accessibile e può essere registrata da chiunque acceda al Sito da qualunque parte del mondo.
Bambini
RiseSmart non è un servizio destinato ai bambini al di sotto dei 13 anni, e RiseSmart non è autorizzata a raccogliere informazioni su di essi.
Modifiche della presente Politica sulla privacy
Il Servizio e le attività di RiseSmart potrebbero cambiare occasionalmente. Pertanto, RiseSmart potrebbe necessitare di modificare puntualmente la presente Politica sulla privacy. RiseSmart si riserva il diritto di aggiornare o modificare la presente Politica sulla privacy in qualsiasi momento e occasionalmente senza previa notifica. Invitiamo i gentili Utenti a consultare la presente Politica regolarmente, e in particolare prima di fornire qualsiasi dato personale. La presente Politica sulla privacy è stata aggiornata per l’ultima volta alla data indicata di seguito. L’uso prolungato del Servizio dopo qualsiasi modifica o revisione della presente Politica sulla privacy verrà considerata come una tacita accettazione dei termini di tale Politica sulla privacy modificata.
Contattare RiseSmart
Al fine di garantire l’attendibilità, la completezza dei dati personali e di mantenerli aggiornati, invitiamo il gentile Utente a contattare RiseSmart come segue. RiseSmart prenderà ragionevoli provvedimenti volti ad aggiornare o correggere dati personali in nostro possesso, forniti precedentemente dall’Utente attraverso il Servizio.
Qualora sorgano domande o dubbi in merito alla presente Politica sulla privacy o ad altre questioni relative alla privacy, invitiamo l’Utente a contattare l’agente responsabile delle questioni di privacy di RiseSmart, al seguente indirizzo:
Ufficio privacy
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
E-mail: user.support@risesmart.com
Gli utenti residenti nell’area economica europea (SEE) e in Svizzera hanno il diritto di sporgere denuncia presso l’autorità di vigilanza preposta alla protezione dei dati nel proprio Paese.
Entrata in vigore in data 18 gennaio 2019
Ho letto e compreso POLITICA SULLA PRIVACY DI RISESMART
Informativa Cookies
Terms and Conditions (UK)
Effective July 27th 2020
DownloadTable of Contents
TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 Randstad Solutions Limited t/a Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.co.uk) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorised access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your curriculum vitae, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorised access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
4.1 Client Paid Participants: In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorised RiseSmart to provide to you (i.e., you will not be charged for the specific Service package they have authorized RiseSmart to provide to you.)
4.2 Direct Consumers: In the event Section 4.1 immediately above does not apply to your use of the Service (i.e. you have chosen to purchase RiseSmart services yourself), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorise RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any applicable laws and legislation of any jurisdiction, including, but not limited to, U.K export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your curriculum vitae, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set out on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment (if applicable) and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
The Service, including the site, content (including, without limitation, job and career development leads, recommendations and analytics) and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind.
To the extent permitted by law, RiseSmart expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
You acknowledge that RiseSmart does not warrant that the Service will be uninterrupted, timely, secure, error-free or virus-free and no information, advice or services obtained by you from RiseSmart or through the Service shall create any warranty not expressly stated in these TOS.
Without limiting the generality of the foregoing, if you are a job seeker or career development seeker, (a) you acknowledge and agree that job leads that RiseSmart may post to your account are received from third parties with no vetting whatsoever and (b) RiseSmart does not warrant or guarantee that any job leads or other information will be accurate or legitimate, you will successfully obtain employment or career development through the use of the Service, or that any employment or career development you find through the use of the Service will fit your needs or be appropriate for you.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
Under no circumstances shall RiseSmart be liable for any indirect or consequential losses, expenses, damages, delays, costs or compensation which may be suffered or incurred by you arising from or in any way connected with the Services.
RiseSmart’s total liability under this TOS for any loss, expense, damage, delay, costs or compensation however caused to you shall in no event be greater than the fees paid directly by you in the 6 months preceding the event giving rise to your claim or if no fees were paid then one hundred pounds £100.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of England and Wales. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of England and Wales for the purpose of resolving any dispute relating to your access to or use of the Service.
12. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows (insert email address):
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Privacy Policy (UK en_gb)
Effective November 21st 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Randstad Solutions Limited t/a Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at 450 Capability Green, Luton, Bedfordshire, LU1 3UL (collectively, the “Site”), subject to its Terms of Service (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets out RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust.
This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
We will comply with the data protection principles when gathering and using personal information.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarised below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your CV, checklists and questionnaires that you complete for RiseSmart, training and counselling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
All data will be stored and processed to perform the contract and legitimate interests of RiseSmart.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorised third parties referred to herein located in the United Kingdom or other countries, that do not have data protection laws equivalent to those in the UK, for the reasons described in this policy. RiseSmart have security measures in place to seek to ensure that there is appropriate security for information we hold.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set out above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyse Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, CV-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behaviour based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behaviour, results or reviews, may be compiled and analysed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record and may store it on servers hosted in the United Kingdom or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
Data
We will retain your Personal Data for the period necessary to fulfil the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorised by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
Contacting RiseSmart
To keep your personal data accurate and complete, or if you would like to access your data or ask for it to be erased, please contact our contact our Data Protection Officer (DPO) at privacyofficer@randstad.co.uk.
If you have any queries or concerns regarding your Personal Data, please contact our Data Protection Officer so that they can be resolved. If not, contact the Information Commissioner at ico.org.uk/concerns/ or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.
Effective December 7th 2023 to November 21st 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Randstad Solutions Limited t/a Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at 450 Capability Green, Luton, Bedfordshire, LU1 3UL (collectively, the “Site”), subject to its Terms of Service (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets out RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust.
This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
We will comply with the data protection principles when gathering and using personal information.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarised below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your CV, checklists and questionnaires that you complete for RiseSmart, training and counselling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
All data will be stored and processed to perform the contract and legitimate interests of RiseSmart.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorised third parties referred to herein located in the United Kingdom or other countries, that do not have data protection laws equivalent to those in the UK, for the reasons described in this policy. RiseSmart have security measures in place to seek to ensure that there is appropriate security for information we hold.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set out above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyse Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, CV-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behaviour based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behaviour, results or reviews, may be compiled and analysed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record and may store it on servers hosted in the United Kingdom or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
Data
We will retain your Personal Data for the period necessary to fulfil the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorised by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
Contacting RiseSmart
To keep your personal data accurate and complete, or if you would like to access your data or ask for it to be erased, please contact our contact our Data Protection Officer (DPO) at privacyofficer@randstad.co.uk.
If you have any queries or concerns regarding your Personal Data, please contact our Data Protection Officer so that they can be resolved. If not, contact the Information Commissioner at ico.org.uk/concerns/ or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.
Effective September 22nd 2023 to December 7th 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Randstad Solutions Limited t/a Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at 450 Capability Green, Luton, Bedfordshire, LU1 3UL (collectively, the “Site”), subject to its Terms of Service (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets out RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust.
This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
We will comply with the data protection principles when gathering and using personal information.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarised below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your CV, checklists and questionnaires that you complete for RiseSmart, training and counselling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
All data will be stored and processed to perform the contract and legitimate interests of RiseSmart.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorised third parties referred to herein located in the United Kingdom or other countries, that do not have data protection laws equivalent to those in the UK, for the reasons described in this policy. RiseSmart have security measures in place to seek to ensure that there is appropriate security for information we hold.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set out above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyse Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, CV-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behaviour based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behaviour, results or reviews, may be compiled and analysed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record and may store it on servers hosted in the United Kingdom or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
Data
We will retain your Personal Data for the period necessary to fulfil the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorised by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
Contacting RiseSmart
To keep your personal data accurate and complete, or if you would like to access your data or ask for it to be erased, please contact our contact our Data Protection Officer (DPO) at privacyofficer@randstad.co.uk.
If you have any queries or concerns regarding your Personal Data, please contact our Data Protection Officer so that they can be resolved. If not, contact the Information Commissioner at ico.org.uk/concerns/ or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.
Effective July 11th 2023 to September 22nd 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Randstad Solutions Limited t/a Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at 450 Capability Green, Luton, Bedfordshire, LU1 3UL (collectively, the “Site”), subject to its Terms of Service (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets out RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust.
This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
We will comply with the data protection principles when gathering and using personal information.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarised below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your CV, checklists and questionnaires that you complete for RiseSmart, training and counselling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
All data will be stored and processed to perform the contract and legitimate interests of RiseSmart.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorised third parties referred to herein located in the United Kingdom or other countries, that do not have data protection laws equivalent to those in the UK, for the reasons described in this policy. RiseSmart have security measures in place to seek to ensure that there is appropriate security for information we hold.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set out above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyse Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, CV-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behaviour based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behaviour, results or reviews, may be compiled and analysed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record and may store it on servers hosted in the United Kingdom or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
Data
We will retain your Personal Data for the period necessary to fulfil the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorised by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
Contacting RiseSmart
To keep your personal data accurate and complete, or if you would like to access your data or ask for it to be erased, please contact our contact our Data Protection Officer (DPO) at privacyofficer@randstad.co.uk.
If you have any queries or concerns regarding your Personal Data, please contact our Data Protection Officer so that they can be resolved. If not, contact the Information Commissioner at ico.org.uk/concerns/ or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.
Effective December 17th 2020 to July 11th 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Randstad Solutions Limited t/a Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at 450 Capability Green, Luton, Bedfordshire, LU1 3UL (collectively, the “Site”), subject to its Terms of Service (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets out RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust.
This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
We will comply with the data protection principles when gathering and using personal information.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarised below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your CV, checklists and questionnaires that you complete for RiseSmart, training and counselling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
All data will be stored and processed to perform the contract and legitimate interests of RiseSmart.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorised third parties referred to herein located in the United Kingdom or other countries, that do not have data protection laws equivalent to those in the UK, for the reasons described in this policy. RiseSmart have security measures in place to seek to ensure that there is appropriate security for information we hold.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set out above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyse Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, CV-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behaviour based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behaviour, results or reviews, may be compiled and analysed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record and may store it on servers hosted in the United Kingdom or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
Data
We will retain your Personal Data for the period necessary to fulfil the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorised by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
Contacting RiseSmart
To keep your personal data accurate and complete, or if you would like to access your data or ask for it to be erased, please contact our contact our Data Protection Officer (DPO) at privacyofficer@randstad.co.uk.
If you have any queries or concerns regarding your Personal Data, please contact our Data Protection Officer so that they can be resolved. If not, contact the Information Commissioner at ico.org.uk/concerns/ or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.
Effective July 27th 2020 to December 17th 2020
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Randstad Solutions Limited t/a Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at (website to be confirmed) (collectively, the “Site”), subject to its Terms of Service (located at terms to be confirmed) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets out RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust.
This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
We will comply with the data protection principles when gathering and using personal information.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarised below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your CV, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorised third parties referred to herein located in the United Kingdom or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set out above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyse Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, CV-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
Data
We will retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorised by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your personal data accurate and complete, or if you would like to access your data or ask for it to be erased, please contact our contact our Data Protection Officer (DPO) at privacyofficer@randstad.co.uk.
If you have any queries or concerns regarding your Personal Data, please contact our Data Protection Officer so that they can be resolved. If not, contact the Information Commissioner at ico.org.uk/concerns/ or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.
Cookie Policy (UK)
Effective July 27th 2020
DownloadTable of Contents
what cookies risesmart UK uses and why.
Cookies are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. To find out more about cookies, visit www.aboutcookies.org or www.allaboutcookies.org.
no personal data
Cookies include a (unique) number. They do not contain personal data. Risesmart cannot use cookies to identify you personally. Nor can cookies be used to recognise you on other websites.
However, in case you actively provide your personal data to Risesmart for any specific purpose such as to receive our press releases and other alerts or to register for web events, such personal data will be stored by us.
which cookies RiseSmart uses and why
The cookies we use on this website fall into two groups: functional cookies and analytical cookies. The cookies are activated at the start of your visit of the site or when you visit a specific section of the site. Some cookies will be automatically removed when you close the browser (session cookies). Some remain for a longer period.
It is also possible that other parties place cookies on your device via our website. This is the case when you click on buttons or links that connect you to the other party's website such as youtube, google+ and other social media or websites. When you click on these buttons or links, the other parties will be responsible for the information collected through their website’s cookies.
functional cookies
Functional cookies relate to the functionality of our websites and allow us to improve the service we offer to you through our website. None of the functional cookies contain personally identifiable information.
change your preference regarding cookies.
If you wish to change your preference regarding cookies go to the cookie settings:
Cookie Settings
You can also prevent your browser to store cookie and/or delete the cookies from your device at any time via the browser settings. Please consult the ‘Help’ section on your internet browser for instructions on this.
If you choose to not accept cookies, you should be aware that you may no longer be able to make use of all possibilities and functionalities of our website, and that certain parts of the website may also no longer be visible or accessible.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages.
If you do not allow these cookies then some or all of these services may not function properly.
Cookie name | Purpose | Duration of Cookie |
hubspotutk | This cookie name is associated with websites built on the HubSpot platform. HubSpot report that its purpose is user authentication. As a persistent rather than a session cookie it cannot be classified as Strictly Necessary. | 13 months |
_gd############# | This cookie contains no identifying information and is used for diagnostic purposes by Impact Radius, a service we use to track signup commissions for our affiliate program. We have categorized it under Functionality because it is necessary for the operation of our affiliate program. | 2 years |
__cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 1 month |
__cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 1 month |
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.
All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
Cookie name | Purpose | Duration of Cookie |
__hssrc | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | Session |
__hssc | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 30 min |
__hstc | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 13 months |
_gid | This cookie name is associated with Google Universal Analytics. This appears to be a new cookie and as of Spring 2017 no information is available from Google. It appears to store and update a unique value for each page visited. | 1 day |
_ga | This cookie name is associated with Google Universal Analytics - which is a significant update to Google's more commonly used analytics service. This cookie is used to distinguish unique users by assigning a randomly generated number as a client identifier. It is included in each page request in a site and used to calculate visitor, session and campaign data for the sites analytics reports. By default it is set to expire after 2 years, although this is customisable by website owners. | 2 years |
_gat | This cookie name is associated with Google Universal Analytics, according to documentation it is used to throttle the request rate - limiting the collection of data on high traffic sites. It expires after 10 minutes. | 1 minutes |
appname_encrypteduserId_tenantId_appGroup | This cookie is created by Application to keep track of Contracts acceptance status at Pactsafe. | 15 days |
__hstc | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 13 months |
__hssrc | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 30 min |
__cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 30 days |
hubspotutk | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 13 months |
__hssc | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 30 min |
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Cookie name | Purpose | Duration of Cookie |
OptanonAlertBoxClosed | This cookie is set by websites using certain versions of the cookie law compliance solution from OneTrust. It is set after visitors have seen a cookie information notice and in some cases only when they actively close the notice down. It enables the website not to show the message more than once to a user. The cookie has a one year lifespan and contains no personal information. | 1 year |
JSESSIONID | JSESSIONID is a cookie in J2EE web application which is used in session tracking. Since HTTP is a stateless protocol, we need to use any session to remember state. JSESSIONID cookie is created by web container and send along with response to client | Session |
AWSELB | Elastic Load Balancing creates a cookie, named AWSELB, that is used to map the session to the instance (Sticky Session). | Session |
OptanonConsent | This cookie is set by the cookie compliance solution from OneTrust. It stores information about the categories of cookies the site uses and whether visitors have given or withdrawn consent for the use of each category. This enables site owners to prevent cookies in each category from being set in the users browser, when consent is not given. The cookie has a normal lifespan of one year, so that returning visitors to the site will have their preferences remembered. It contains no information that can identify the site visitor. | 1 year |
OptanonAlertBoxClosed | This cookie is set by websites using certain versions of the cookie law compliance solution from OneTrust. It is set after visitors have seen a cookie information notice and in some cases only when they actively close the notice down. It enables the website not to show the message more than once to a user. The cookie has a one year lifespan and contains no personal information. | 1 year |
JSESSIONID | JSESSIONID is a cookie in J2EE web application which is used in session tracking. Since HTTP is a stateless protocol, we need to use any session to remember state. JSESSIONID cookie is created by web container and send along with response to client | Session |
AWSELB | Elastic Load Balancing creates a cookie, named AWSELB, that is used to map the session to the instance (Sticky Session). | Session |
AWSELBCORS | With CORS (cross-origin resource sharing) requests, some browsers require SameSite=None; Secure to enable stickiness. In this case, Elastic Load Balancing creates a second stickiness cookie, AWSELBCORS, which includes the same information as the original stickiness cookie (AWSELB) plus this SameSite attribute. Clients receive both cookies | Session |
locale_cookie | app_locale and locale_cookie are application cookies (Created by Torch application) to identify preferred locales of the user.These Cookies holds only locale of user. No any user sensitive data is stored in these cookies. | 1 day |
app_locale | app_locale and locale_cookie are application cookies (Created by Torch application) to identify preferred locales of the user.These Cookies holds only locale of user. No any user sensitive data is stored in these cookies. | 1 day |
__cfduid | Third Party Cookie. Provider : Datatable.net , Used by the content network, Cloudflare, to identify trusted web traffic. | 1 month |
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Cookie name | Purpose | Duration of Cookie |
_fbp | Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers | 3 months |
_fbp | Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers | 3 months |
__cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 30 days |
lidc | This cookie is associated with websites built on the LinkedIn Advertising. | 1 day |
__cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 1 month |
bscookie | This cookie is associated with websites built on the LinkedIn Advertising. | 2 years |
uvc | This cookie is associated with AdThis and is used to provide social sharing functionality on the website. | 1 day |
tuuid_lu | This domain is owned by USA based company Demandbase, which provides technology for B2B marketing. | 2 years |
bito | This cookie is associated with ListenLoop and is used for website analytics and account based marketing. | 13 months |
__cfduid | This cookie is associated with AdThis and is used to provide social sharing functionality on the website. | 1 month |
checkForPermission | This cookie is associated with ListenLoop and is used for website analytics and account based marketing. | 2 minutes |
bcookie | This cookie is associated with websites built on the LinkedIn Advertising. | 2 years |
UserMatchHistory | This cookie is associated with websites built on the LinkedIn Advertising. | 1 month |
bitoIsSecure | This cookie is associated with ListenLoop and is used for website analytics and account based marketing. | 13 months |
fr | Contains browser and user unique ID combination, used for targeted advertising.rXXXXXXXXXX | 3 months |
test_cookie | This cookie is set by DoubleClick (which is owned by Google) to determine if the website visitor's browser supports cookies. | N/A |
lang | This cookie is associated with websites built on the LinkedIn Advertising. | Session |
IDE | This cookie is set by DoubleClick (which is owned by Google) for google advertising. | 13 months |
tuuid | This domain is owned by USA based company Demandbase, which provides technology for B2B marketing. | 2 years |
__cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 1 month |
lang | This cookie is associated with websites built on the LinkedIn Advertising. | |
lissc | This cookie is associated with websites built on the LinkedIn Advertising. | 13 months |
__cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 1 month |
YSC | This cookie is set by the YouTube video service on pages with embedded YouTube video | Session |
test_cookie | This cookie is set by DoubleClick (which is owned by Google) to determine if the website visitor's browser supports cookies. This cookie carries out information about how the end user uses the website and any advertising that the end user may have seen before visiting the said website. | NA |
VISITOR_INFO1_LIVE | A cookie that YouTube sets that measures your bandwidth to determine whether you get the new player interface or the old | 240 Days |
GPS | YouTube is a Google owned platform for hosting and sharing videos. YouTube collects user data through videos embedded in websites, which is aggregated with profile data from other Google services in order to display targeted advertising to web visitors across a broad range of their own and other websites. J | 30 mins |
_gd############# | This cookie is associated with 6sense and is used for website analytics and account based marketing. | 2 years |
6suuid | This cookie is associated with 6sense and is used for website analytics and account based marketing. | 2 years |
Analytics Cookies
Analytics cookies collect information about your use of the Website and/or App and enable us to improve the way it works.
Cookie name | Purpose | Duration of Cookie |
ai_user | Created by Payscale, Microsoft Application Insights collects statictical usage and telemetry information for apps. | 1 year |
_dc_gtm_* | Created by Payscale.Google Analytics collects information on how Payscale visitors use Payscale website. | 2 years |
wm_load_* | The WalkMe Player stores data for maintaining WalkMe’s player state, monitoring compilation of Walk-Thru playback, and collecting Analytics. To this end, WalkMe uses first party cookies, third party cookies (local storage), and first party local storage. No personal data is saved and no information about user usage of the website is monitored. | NA |
Tracking Cookies
Cookie name | Purpose | Duration of Cookie |
DFTT_END_USER_PREV_BOOTSTRAPPED | Cookie is placed by Drift to store last visit. | 2 years |
driftt_aid | Cookie is placed by Drift to store a unique user ID. | 2 years |
driftt_sid | Cookie is placed by Drift to store a unique session ID. | 2 years |
client-origin | PayScale Cookie, helps to determine origin of client. Possible values include eu and non-eu. | Session |
_salarycalc-csrf | Created by Payscale. | Session |
Cookies estrictamente necesarias (ES_ES)
Effective December 17th 2020
DownloadTable of Contents
POLÍTICA DE COOKIES
¿Qué es una cookie y cuál es su función?
Las “cookies” son pequeños archivos de información que se envían y almacenan en el equipo desde el que se accede a nuestra web (teléfono móvil, ordenador personal, tableta o televisión conectada) facilitando el uso de la misma.
Las cookies nos ayudan a mejorar la calidad, permitiéndonos comparar, recordar, controlar y entender cómo navegan nuestros usuarios a través de la web, identificando qué es lo que los usuarios encuentran útil y lo que no y poder así mejorar el proceso de navegación. Pueden utilizarse para reconocer al usuario.
Las cookies que utiliza esta página web no dañan su equipo. Únicamente, sirven para mejorar los servicios ofrecidos. Algunas son estrictamente necesarias para que la página funcione bien y otras sirven para mejorar el rendimiento y experiencia como usuario.
Para obtener más información sobre las cookies y cómo gestionarlas te recomendamos visitar: www.aepd.es/media/guias/guia-cookies.pdf, www.allaboutcookies.org y www.youronlinechoices.eu/
Tipos de cookies
Según quien sea la entidad que gestione el equipo o dominio desde donde se envían las cookies y trate los datos que se obtengan, podemos distinguir:
- Cookies propias: Son aquéllas que se envían al equipo terminal del usuario desde un equipo o dominio gestionado por el propio editor y desde el que se presta el servicio solicitado por el usuario.
- Cookies de terceros: Son aquéllas que se envían al equipo terminal del usuario desde un equipo o dominio que no es gestionado por el editor, sino por otra entidad que trata los datos obtenidos través de las cookies.
Según el plazo de tiempo que permanecen activadas en el equipo terminal podemos distinguir:
- Cookies de sesión: Son un tipo de cookies diseñadas para recabar y almacenar datos mientras el usuario accede a una página web. Se suelen emplear para almacenar información que solo interesa conservar para la prestación del servicio solicitado por el usuario en una sola ocasión (p.e. una lista de productos adquiridos).
- Cookies persistentes: Son un tipo de cookies en el que los datos siguen almacenados en el terminal y pueden ser accedidos y tratados durante un periodo definido por el responsable de la cookie, y que puede ir de unos minutos a varios años.
Según la finalidad para la que se traten los datos obtenidos a través de las cookies, la web puede utilizar:
- Cookies técnicas: Son aquéllas que permiten al usuario la navegación a través de una página web, plataforma o aplicación y la utilización de las diferentes opciones o servicios que en ella existan como, por ejemplo, controlar el tráfico y la comunicación de datos, identificar la sesión, acceder a partes de acceso restringido.
- Cookies de personalización: Son aquéllas que permiten al usuario acceder al servicio con algunas características de carácter general predefinidas en función de una serie de criterios en el terminal del usuario como por ejemplo serian el idioma, el tipo de navegador.
- Cookies de análisis: Son aquéllas que permiten al responsable de las mismas, el seguimiento y análisis del comportamiento de los usuarios de los sitios web a los que están vinculadas. La información recogida mediante este tipo de cookies se utiliza en la medición de la actividad de los sitios web, aplicación o plataforma y para la elaboración de perfiles de navegación de los usuarios.
- Cookies publicitarias: Son aquéllas que permiten la gestión, de la forma más eficaz posible, de los espacios publicitarios.
- Cookies de publicidad comportamental: Estas cookies almacenan información del comportamiento de los usuarios obtenida a través de la observación continuada de sus hábitos de navegación, lo que permite desarrollar un perfil específico para mostrar publicidad en función del mismo.
Tipos de cookies utilizadas por RANDSTAD
Cookies estrictamente necesarias
Estas cookies son necesarias para que funcione el sitio web y no se pueden desactivar en nuestros sistemas. Normalmente, solo se envían en respuesta a acciones llevadas a cabo por usted que equivalen a una solicitud de servicios, como la configuración de las preferencias de privacidad, el inicio de sesión o la cumplimentación de formularios.
Puede configurar su navegador para bloquear las cookies o recibir alertas sobre su envío, pero en tal caso algunas secciones del sitio no funcionarán. Estas cookies no almacenan ninguna información de identificación personal.
Cookies utilizadas:
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
Cookies de rendimiento
Estas cookies nos permiten contabilizar las visitas y fuentes de tráfico para poder medir y mejorar el rendimiento de nuestro sitio. Nos permiten conocer qué páginas son las más y menos populares, además de comprobar cómo se desplazan los visitantes por el sitio.
Toda la información recopilada por estas cookies es global y, por lo tanto, anónima. Si no permite estas cookies, no podremos saber cuándo ha visitado nuestro sitio ni podremos supervisar su rendimiento.
Cookies utilizadas:
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
Categorías | Cookies |
app.listenloop.com | ll_u431_vid fk_u431_vid |
hs-analytics.net | __cfduid |
hubspot.net | __cfduid |
hs-scripts.com | __cfduid |
hsstatic.net | __cfduid |
Cookies funcionales
Estas cookies permiten al sitio web proporcionar una funcionalidad y capacidad de personalización mejoradas. Es posible que las enviemos nosotros o proveedores externos cuyos servicios hayamos añadido a nuestras páginas.
Si no permite estas cookies, es posible que algunos o todos estos servicios no funcionen correctamente.
Cookies utilizadas:
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
Categorías | Cookies |
hsforms.net | __cfduid |
io.narrative.io | io.narrative.guid.v2 |
dpmsrv.com | dpm_pxl |
ndg.io | sessionid |
v12group.com | mc |
match.adsby.bidtheatre.com | __kuid |
img.webmd.com | __cfduid |
dmp.truoptik.com | __cflb |
cdn.viglink.com | __cfduid |
visiblemeasures.com | sid uid |
pool.admedo.com | tuuid_last_update tuuid |
entitytag.co.uk | json |
truoptik.com | |
newton.newtonsoftware.com | csrf-token BNI_persistence AWSELB NSESSIONID |
api.at.getsocial.io | _smb_api_session LSW_WEB gs_user_id gs_pvid |
mmsho.com | mdxuid |
lkqd.net | lkqdid |
linksynergy.com | rmuid icts |
dlx.addthis.com | na_sc_x |
nextinsure.com | uid |
rezync.com | zync-uuid |
dsp.io | IOID EXID |
live.rezync.com | sd-session-id |
p.mmsho.com | __medicx_temp |
choozle.com | chzdpsync |
cs.popwal.it | pw-cid |
postrelease.com | visitor has_data |
adventori.com | tk_ui_third tk_ui |
tags.rd.linksynergy.com | SERVERID |
secure.insightexpressai.com | IgniteCookieSync |
prf.hn | tPHG-PS_sync |
trkn.us | barometric[cuid] |
popwal.it | pw-cid |
accounts.google.com | __utma GAPS LSID __utmz |
marchex.io | uid |
fzlnk.com | uuid |
links.services.disqus.com | vglnk.Agent.p vglnk.PartnerRfsh.p |
view.vzaar.com | _video-distributor-2_session |
Cookies de preferencias
Es posible que nuestros socios publicitarios envíen estas cookies a través de nuestro sitio. Dichos socios pueden utilizar estas cookies para crear un perfil sobre los intereses del usuario y mostrarle anuncios relevantes en otros sitios.
Estas cookies no almacenan información personal directamente, pero sirven para identificar de manera exclusiva su navegador y dispositivo de acceso a Internet. Si no las permite, recibirá publicidad menos personalizada.
Cookies utilizadas:
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
Categorías | Cookies |
facebook.com | datr |
openx.net | lu |
clickagy.com | cb |
demdex.net | demdex |
simpli.fi | uid |
turn.com | uid |
domdex.com | PIXELyvirenzc PIXELivtyvax PAD |
exelator.com | ud EE |
addthis.com | cw_id na_tc mus uid |
hlserve.com | hmGUID |
videoamp.com | vampid |
gwallet.com | ra1_pd_1899195769 ra1_pd_1716820617 ra1_uid ra1_pd |
adbrn.com | tuuid |
tag.crsspxl.com | AWSELB |
company-target.com | tuuid_last_update iuuid tuuid |
krxd.net | _kuid_ |
pippio.com | pxrc didts nnls did |
adsnative.com | _uuid |
w55c.net | matchliveramp wfivefivec |
everesttech.net | everest_g_v2 |
advertising.com | APID IDSYNC |
pubmatic.com | KTPCACOOKIE KADUSERCOOKIE |
ru4.com | X1ID TMP_X1ID |
dpm.demdex.net | dpm |
pro-market.net | anProfile anHistory |
mxptint.net | mxpim |
bizrate.com | br rng |
insightexpressai.com | DW |
match.rundsp.com | RUN_INDEX RUN_ID |
netseer.com | netseer_v3_vi |
shareaholic.com | c_id |
viglink.com | vglnk.Agent.p |
ibeu2.mookie1.com | ASP.NET_SessionId |
jivox.com | jvxsync |
myvisualiq.net | tuuid_last_update tuuid |
ml314.com | pi |
media6degrees.com | clid |
tidaltv.com | tidal_ttid sync-his |
adkernel.com | ADKUID |
criteo.com | uid |
bing.com | MUID |
crsspxl.com | uid re |
weborama.fr | AFFICHE_W |
rubiconproject.com | khaos |
c.bing.com | MUIDB ANONCHK |
global.ib-ibi.com | ASP.NET_SessionId |
s.thebrighttag.com | bt3 btv3.Xebcych |
3lift.com | tluid |
bizographics.com | BizoUserMatchHistory |
bidr.io | bito |
casalemedia.com | CMPRO CMID CMDD CMST CMPS CMSC |
reson8.com | RCID2 |
youtube.com | SID HSID demographics VISITOR_INFO1_LIVE PREF APISID SSID LOGIN_INFO SAPISID YSC |
adsrvr.org | TDID TDCPM |
linkedin.com | __utmb _lipt leo_auth_token lidc bcookie RT __utma __utmv __utmz bscookie __qca visit |
tapad.com | TapAd_DID TapAd_TS TapAd_TTD_SYNC |
crwdcntrl.net | _cc_cc _cc_id _cc_aud _cc_dc |
disqus.com | __utmb __utma __jid __utmz __utmc __utmt disqus_unique disqusauth G_ENABLED_IDPS __utmv |
ads.linkedin.com | BizoID BizoData BizoUserMatchHistory UserMatchHistory |
vmweb.net | lang vuid |
videostat.com | AWSALB uid |
google.com | APISID SSID NID PREF SID SAPISID HSID |
rlcdn.com | rtn1 drtn1182032560 ck1 rlas3 drtn1610443272 drtn557911851 drtn704364046 drtn1299265559 drtn1026116131 drtn1314505935 drtn1833301756 drtn1860345625 drtn380762111 drtn934631841 drtn1790274523 drtn438660401 drtn1118261089 drtn213295348 drtn1491710056 drtn276684080 drtn1897223082 drtn740496589 drtn1203087400 drtn1034397209 drtn1193467268 drtn1741155151 drtn502022056 drtn1147704077 drtn278016087 drtn2078188939 drtn415827179 drtn330804349 drtn1858915094 drtn412423946 drtn1892758471 drtn1366704091 drtn1177365129 drtn540037595 drtn546484184 drtn472225915 drtn141061677 drtn160639227 drtn851650320 drtn1174282027 drtn864987264 drtn1548823556 drtn1993551126 drtn1819716361 drtn1720394583 drtn1085608060 drtn1624693210 drtn366380089 drtn1328210293 drtn1464509245 drtn1790628303 drtn1933026567 drtn20145647 drtn877151142 drtn915545927 drtn2021481384 drtn1641540405 drtn1321510898 drtn2024250170 drtn1734407441 drtn671800558 drtn1946688695 drtn511137261 drtn743486890 drtn782418016 drtn1977681568 drtn900867494 drtn1064620093 drtn992985079 drtn1354552723 drtn2102733492 drtn1087527658 drtn1838052930 drtn1090345817 drtn1427316572 drtn362865152 drtn477621437 drtn1007966010 drtn1554002957 drtn236824527 drtn1529804719 drtn1333525966 drtn1624410136 drtn491307792 drtn1459538128 drtn310703138 drtn35906332 drtn1706207086 drtn1276265543 drtn1789540371 drtn1404059857 drtn201058359 drtn1841400929 drtn40747118 drtn1284708168 drtn253624943 drtn718089235 drtn808208444 drtn1678091234 drtn1333371796 drtn809721411 drtn1987974813 drtn189671275 drtn732225871 drtn1800367697 drtn950263825 drtn114198846 drtn1320221425 drtn25402658 drtn1721366006 drtn1651568060 drtn1910997889 drtn1209130776 drtn462508998 drtn1867209408 drtn1962108634 drtn718620215 drtn44932941 drtn1171848967 drtn1949808617 drtn1283893559 drtn1650588116 drtn823088636 drtn558599366 drtn845858248 drtn1624567351 drtn1186338556 drtn1940278218 drtn1610185978 drtn887917790 drtn1762228785 drtn323612064 drtn1594062016 drtn1012270064 drtn869491947 drtn1949123660 rtn1-z drtn2123669917 drtn479669583 drtn1107703243 drtn1350301106 drtn1542377684 drtn1015547259 drtn1094482194 drtn1230835838 drtn1794834828 drtn1750256740 drtn331304843 drtn1174596283 drtn578979546 drtn2110310217 drtn1367145157 drtn557290345 drtn996643038 drtn1703941473 drtn677543384 drtn408440956 drtn1399936273 drtn2000007903 drtn884816348 drtn1640843949 drtn73714170 drtn90179403 drtn101513755 drtn578496603 drtn818418550 drtn1762579050 drtn536718210 drtn2065734522 drtn1416020537 drtn589906769 drtn1516374992 drtn941726113 drtn1722623135 drtn1458870202 drtn332197641 drtn1746451764 drtn1471228808 drtn1453840371 drtn811928855 drtn1709212899 drtn2032721207 drtn381531174 drtn1157372752 drtn1702978122 drtn1700532042 drtn424670173 drtn972740796 drtn1915318612 drtn234190748 drtn1617337128 drtn756330397 drtn559357449 drtn1859318460 drtn1503594382 drtn1253496912 drtn967459692 drtn1600686002 drtn750861970 drtn1780103264 drtn473826666 drtn699322033 drtn656262556 drtn460657961 drtn1706998635 drtn28506030 drtn947065594 drtn1476527414 drtn827220895 drtn1606061036 drtn1889409636 drtn605543897 drtn1554316483 drtn1562070336 drtn337318025 drtn1001115197 drtn1628144356 drtn26136090 drtn305341762 drtn1313998284 drtn2112582686 drtn1450726262 drtn1568571166 drtn663038256 drtn594267354 drtn1873256573 drtn551657650 drtn975726501 drtn291403346 drtn537844072 drtn657000972 drtn1859706541 drtn907936307 drtn1902987443 drtn379299538 drtn447865789 drtn1786147658 drtn1076524459 drtn1223633445 drtn272799352 drtn1645928182 drtn1624264940 drtn1331037728 drtn540253504 drtn1831060356 drtn1092853497 drtn1157909474 drtn1950961512 drtn1379519484 drtn1055591301 drtn1986938426 drtn156856428 drtn924582290 drtn360386905 drtn1181078211 drtn812195825 drtn981778816 drtn809709608 drtn1736333285 drtn1917289406 drtn867203997 pxrc drtn1294165430 drtn1463455627 drtn1019342505 drtn476764611 drtn67703730 drtn1465688791 drtn720123651 drtn2081414017 drtn2120281496 drtn1310513965 drtn1334541040 drtn1719105522 drtn1932050764 drtn1764990004 drtn904831503 drtn447626884 drtn1051243985 drtn1573784183 drtn603793557 drtn551933768 drtn2069158132 drtn1943640257 drtn803573068 drtn330226825 drtn291629680 drtn1401775585 drtn762538653 drtn1217620157 drtn1802263914 drtn932020624 drtn783761967 drtn1630981105 drtn1102463133 drtn744489513 drtn808181796 drtn1632614657 drtn97451925 drtn310869219 drtn1962822642 drtn407970569 drtn2145170923 drtn1012363269 drtn132079631 drtn257733840 drtn1654862845 drtn1478771187 drtn71514498 drtn270013353 drtn741981597 drtn632465070 drtn297843773 drtn1552702700 drtn196346535 drtn1611020055 drtn451257117 drtn1162427203 drtn949855683 drtn493371485 drtn1163517170 |
google.co.uk | SAPISID HSID	 SID	 PREF NID SSID APISID |
bluekai.com | bku bkdc |
rfihub.com | rud	 eud	 euds	 ruds |
t.sharethis.com | PX_PxcelPage |
PX_PxcelPage | __stacxiommap __uset __stid __stgmap __stamap |
scorecardresearch.com | UID UIDR |
adnxs.com | sess uuid2 |
doubleclick.net | _drt_ id |
ctnsnet.com | cid_85f90ce588e24bd38378510db907a27b opt cid_44c2571fb42d46b8b8a429fd6216a23d cid |
adsymptotic.com | U |
eyeota.net | mako_uid |
sitescout.com | ssi |
agkn.com | ab |
¿Cómo administrar 'cookies' en el navegador?
El usuario tiene la opción de permitir, bloquear o eliminar las 'cookies' instaladas en su equipo mediante la configuración de las opciones del navegador instalado en su equipo. Al desactivar cookies, algunos de los servicios disponibles podrían dejar de estar operativos.
La forma de deshabilitar las cookies es diferente para cada navegador, pero normalmente puede hacerse desde el menú Herramientas u Opciones. A continuación ofrecemos el enlace a la información para su configuración en los principales navegadores:
- configuración de cookies en Internet Explorer 10
- configuración de cookies en Internet Explorer 11
- configuración de cookies en Safari
- configuración de cookies en Google Chrome
- configuración de cookies en Firefox Mozilla
- configuración de cookies en Opera
- configuración de cookies en Android
Effective July 29th 2020 to December 17th 2020
DownloadTable of Contents
Cookies estrictamente necesarias
Estas cookies son necesarias para que funcione el sitio web y no se pueden desactivar en nuestros sistemas. Normalmente, solo se envían en respuesta a acciones llevadas a cabo por usted que equivalen a una solicitud de servicios, como la configuración de las preferencias de privacidad, el inicio de sesión o la cumplimentación de formularios.
Puede configurar su navegador para bloquear las cookies o recibir alertas sobre su envío, pero en tal caso algunas secciones del sitio no funcionarán. Estas cookies no almacenan ninguna información de identificación personal.
Cookies utilizadas
OptanonConsent
OptanonAlertBoxClosed
AWSELB
JSESSIONID
__cfduid
Cookies de rendimiento
Estas cookies nos permiten contabilizar las visitas y fuentes de tráfico para poder medir y mejorar el rendimiento de nuestro sitio. Nos permiten conocer qué páginas son las más y menos populares, además de comprobar cómo se desplazan los
visitantes por el sitio.
Toda la información recopilada por estas cookies es global y, por lo tanto, anónima. Si no permite estas cookies, no podremos saber cuándo ha visitado nuestro sitio ni podremos supervisar su rendimiento.
Cookies utilizadas
hs_ab_test_4028162507
_ga
_mkto_trk
__hstc
__hssrc
hsfirstvisit
_gid
__hssc
_gat
_hjIncludedInSample
hs_ab_test
Categorías	Cookies
app.listenloop.com	ll_u431_vid
fk_u431_vid
hs-analytics.net	__cfduid
hubspot.net	__cfduid
hubspot.com	__cfduid
hs-scripts.com	__cfduid
hsstatic.net	__cfduid
Cookies funcionales
Estas cookies permiten al sitio web proporcionar una funcionalidad y capacidad de personalización mejoradas. Es posible que las enviemos nosotros o proveedores externos cuyos servicios hayamos añadido a nuestras páginas.
Si no permite estas cookies, es posible que algunos o todos estos servicios no funcionen correctamente.
Cookies utilizadas
_zcookie_
__leadinmigrated
__leadinutk
__unam
__unam
has_js
SnapABugRef
hubspotutk
SnapABugHistory
SnapABugVisit
SnapABugChatWindow
Categorías	Cookies
hsforms.net	__cfduid
io.narrative.io	io.narrative.guid.v2
dpmsrv.com	dpm_pxl
ndg.io	sessionid
v12group.com	mc
match.adsby.bidtheatre.com	__kuid
img.webmd.com	__cfduid
dmp.truoptik.com	__cflb
cdn.viglink.com	__cfduid
visiblemeasures.com	sid
uid
pool.admedo.com	tuuid_last_update
tuuid
json __cfduid |
newton.newtonsoftware.com	csrf-token
BNI_persistence AWSELB
NSESSIONID
_smb_api_session LSW_WEB gs_user_id gs_pvid
mdxuid
lkqd.net	lkqdid
linksynergy.com	rmuid
icts
dlx.addthis.com	na_sc_x
nextinsure.com	uid
rezync.com	zync-uuid
dsp.io	IOID
EXID
live.rezync.com	sd-session-id
p.mmsho.com	__medicx_temp
choozle.com	chzdpsync
cs.popwal.it	pw-cid
postrelease.com	visitor
has_data
adventori.com	tk_ui_third
tk_ui
tags.rd.linksynergy.com	SERVERID
secure.insightexpressai.com	IgniteCookieSync
prf.hn	tPHG-PS_sync
trkn.us	barometric[cuid]
popwal.it	pw-cid
accounts.google.com	__utma
GAPS
LSID
__utmz
uid uuid vglnk.Agent.p vglnk.PartnerRfsh.p _video-distributor-2_session |
Cookies de preferencias
Es posible que nuestros socios publicitarios envíen estas cookies a través de nuestro sitio. Dichos socios pueden utilizar estas cookies para crear un perfil sobre los intereses del usuario y mostrarle anuncios relevantes en otros sitios.
Estas cookies no almacenan información personal directamente, pero sirven para identificar de manera exclusiva su navegador y dispositivo de acceso a Internet. Si no las permite, recibirá publicidad menos personalizada.
Cookies utilizadas
_bizo_cksm
_bizo_bzid
_bizo_bzid
_bizo_np_stats
Categorías
datr
lu
cb
Cookies
demdex
uid
uid
domdex.com	PIXELyvirenzc
PIXELivtyvax PAD
●	.
ud EE
cw_id
na_tc
mus
uid
na_tc
mus
uid
hmGUID
vampid
ra1_pd_1899195769 ra1_pd_1716820617 ra1_uid
ra1_pd
tuuid
AWSELB
tuuid_last_update iuuid
tuuid
krxd.net	・ _kuid_
pippio.com	pxrc
didts nnls did
adsnative.com	_uuid
w55c.net	matchliveramp
wfivefivec
everesttech.net	・ everest_g_v2
advertising.com	APID
IDSYNC
pubmatic.com	KTPCACOOKIE
KADUSERCOOKIE
ru4.com	X1ID
TMP_X1ID
・ dpm anProfile |
・ anHistory
mxptint.net	mxpim
bizrate.com	br
rng
insightexpressai.com	・ DW
match.rundsp.com	RUN_INDEX
・ RUN_ID
netseer.com	netseer_v3_vi
shareaholic.com	c_id
viglink.com	・ vglnk.Agent.p
ibeu2.mookie1.com	・ ASP.NET_SessionId
jivox.com	jvxsync
myvisualiq.net	・ tuuid_last_update
tuuid
ml314.com	pi
media6degrees.com	・ clid
tidaltv.com	・ tidal_ttid
sync-his
adkernel.com	ADKUID
criteo.com	uid
bing.com	MUID
crsspxl.com	uid
re
AFFICHE_W
khaos
MUIDB
ANONCHK
ANONCHK
ASP.NET_SessionId
btv3.Xebcych
tluid
BizoUserMatchHistory
bito
CMPRO
CMID
CMDD
CMST
CMPS
CMSC
CMDD
CMST
CMPS
CMSC
RCID2
SID
HSID
demographics
VISITOR_INFO1_LIVE
PREF
APISID
SSID
LOGIN_INFO
SAPISID
YSC
TDID
TDCPM
TDCPM
・ __utmb
_lipt
・leo_auth_token
lidc
bcookie
RT
__utma
__utmv
__utmz
bscookie
__qca visit
tapad.com	・ TapAd_DID
・ TapAd_TS
TapAd_TTD_SYNC
crwdcntrl.net	_cc_cc
・ _cc_id _cc_aud
_cc_dc
disqus.com	__utmb
__utma
・ __jid
__utmz
__utmc
__utmt
・ disqus_unique
disqusauth
G_ENABLED_IDPS
__utmv
ads.linkedin.com	BizoID
BizoData
BizoUserMatchHistory UserMatchHistory
lang	vuid |
AWSALB
videostat.com	uid
google.com	APISID
SSID NID PREF SID SAPISID HSID rtn1 |
drtn1182032560 ck1
rlas3 drtn1610443272 drtn557911851 drtn704364046 drtn1299265559
drtn1026116131 drtn1314505935 drtn1833301756 drtn1860345625 drtn380762111 drtn934631841 drtn1790274523 drtn438660401 drtn1118261089 drtn213295348 drtn1491710056 drtn276684080 drtn1897223082 drtn740496589 drtn1203087400 drtn1034397209 drtn1193467268 drtn1741155151 drtn502022056 drtn1147704077 drtn278016087 drtn2078188939 drtn415827179 drtn330804349
drtn1858915094 drtn412423946 drtn1892758471 drtn1366704091 drtn1177365129 drtn540037595 drtn546484184 drtn472225915 drtn141061677 drtn160639227 drtn851650320 drtn1174282027 drtn864987264 drtn1548823556 drtn1993551126 drtn1819716361 drtn1720394583 drtn1085608060 drtn1624693210 drtn366380089 drtn1328210293 drtn1464509245 drtn1790628303 drtn1933026567
drtn20145647 drtn877151142 drtn915545927 drtn2021481384 drtn1641540405 drtn1321510898 drtn2024250170 drtn1734407441 drtn671800558 drtn1946688695 drtn511137261 drtn743486890 drtn782418016 drtn1977681568 drtn900867494 drtn1064620093 drtn992985079 drtn1354552723 drtn2102733492 drtn1087527658 drtn1838052930 drtn1090345817 drtn1427316572 drtn362865152
drtn477621437 drtn1007966010 drtn1554002957 drtn236824527 drtn1529804719 drtn1333525966 drtn1624410136 drtn491307792 drtn1459538128 drtn310703138 drtn35906332 drtn1706207086 drtn1276265543 drtn1789540371 drtn1404059857 drtn201058359 drtn1841400929 drtn40747118 drtn1284708168 drtn253624943 drtn718089235 drtn808208444 drtn1678091234 drtn1333371796
drtn809721411 drtn1987974813 drtn189671275 drtn732225871 drtn1800367697 drtn950263825 drtn114198846 drtn1320221425 drtn25402658 drtn1721366006 drtn1651568060 drtn1910997889 drtn1209130776 drtn462508998 drtn1867209408 drtn1962108634 drtn718620215 drtn44932941 drtn1171848967 drtn1949808617 drtn1283893559 drtn1650588116 drtn823088636 drtn558599366
drtn845858248 drtn1624567351 drtn1186338556 drtn1940278218 drtn1610185978 drtn887917790 drtn1762228785 drtn323612064 drtn1594062016 drtn1012270064 drtn869491947 drtn1949123660 rtn1-z drtn2123669917 drtn479669583 drtn1107703243 drtn1350301106 drtn1542377684 drtn1015547259 drtn1094482194 drtn1230835838 drtn1794834828 drtn1750256740 drtn331304843
drtn1174596283 drtn578979546 drtn2110310217 drtn1367145157 drtn557290345 drtn996643038 drtn1703941473 drtn677543384 drtn408440956 drtn1399936273 drtn2000007903 drtn884816348 drtn1640843949 drtn73714170 drtn90179403 drtn101513755 drtn578496603 drtn818418550 drtn1762579050 drtn536718210 drtn2065734522 drtn1416020537 drtn589906769 drtn1516374992
drtn941726113 drtn1722623135 drtn1458870202 drtn332197641 drtn1746451764 drtn1471228808 drtn1453840371 drtn811928855 drtn1709212899 drtn2032721207 drtn381531174 drtn1157372752 drtn1702978122 drtn1700532042 drtn424670173 drtn972740796 drtn1915318612 drtn234190748 drtn1617337128 drtn756330397 drtn559357449 drtn1859318460 drtn1503594382 drtn1253496912
drtn967459692 drtn1600686002 drtn750861970 drtn1780103264 drtn473826666 drtn699322033 drtn656262556 drtn460657961 drtn1706998635 drtn28506030 drtn947065594 drtn1476527414 drtn827220895 drtn1606061036 drtn1889409636 drtn605543897 drtn1554316483 drtn1562070336 drtn337318025 drtn1001115197 drtn1628144356 drtn26136090 drtn305341762 drtn1313998284
drtn2112582686 drtn1450726262 drtn1568571166 drtn663038256 drtn594267354 drtn1873256573 drtn551657650 drtn975726501 drtn291403346 drtn537844072 drtn657000972 drtn1859706541 drtn907936307 drtn1902987443 drtn379299538 drtn447865789 drtn1786147658 drtn1076524459 drtn1223633445 drtn272799352 drtn1645928182 drtn1624264940 drtn1331037728 drtn540253504
drtn1831060356 drtn1092853497 drtn1157909474 drtn1950961512 drtn1379519484 drtn1055591301 drtn1986938426 drtn156856428 drtn924582290 drtn360386905 drtn1181078211 drtn812195825 drtn981778816 drtn809709608 drtn1736333285 drtn1917289406 drtn867203997 pxrc drtn1294165430 drtn1463455627 drtn1019342505 drtn476764611 drtn67703730 drtn1465688791
drtn720123651 drtn2081414017 drtn2120281496 drtn1310513965 drtn1334541040 drtn1719105522 drtn1932050764 drtn1764990004 drtn904831503 drtn447626884 drtn1051243985 drtn1573784183 drtn603793557 drtn551933768 drtn2069158132 drtn1943640257 drtn803573068 drtn330226825 drtn291629680 drtn1401775585 drtn762538653 drtn1217620157 drtn1802263914 drtn932020624
drtn783761967 drtn1630981105 drtn1102463133 drtn744489513 drtn808181796 drtn1632614657 drtn97451925 drtn310869219 drtn1962822642 drtn407970569 drtn2145170923 drtn1012363269 drtn132079631 drtn257733840 drtn1654862845 drtn1478771187 drtn71514498 drtn270013353 drtn741981597 drtn632465070 drtn297843773 drtn1552702700 drtn196346535 drtn1611020055
drtn451257117 drtn1162427203 drtn949855683 drtn493371485 drtn1163517170
HSID	SID	PREF
google.co.uk	SAPISID
NID SSID
rud	eud	euds	ruds
t.sharethis.com	PX_PxcelPage
sharethis.com	__stacxiommap
__uset
__stid
__stgmap
__stamap
__stid
__stgmap
__stamap
UIDR
adnxs.com	sess
uuid2
doubleclick.net	_drt_
id
ctnsnet.com	cid_85f90ce588e24bd38378510db907a27b opt
cid_44c2571fb42d46b8b8a429fd6216a23d cid
adsymptotic.com	U
eyeota.net	mako_uid
sitescout.com	ssi
agkn.com	ab
POLÍTICA DE PRIVACIDAD DE RISESMART
RiseSmart, Inc. y sus filiales (conjuntamente, “RiseSmart”) le proporcionan su Servicio (tal como se define a continuación) a través de sitios web bajo el control de RiseSmart (incluido, sin limitación, el sitio que se encuentra en la página http://www.RiseSmart.com) (conjuntamente, el “Sitio”), de conformidad con sus Condiciones de servicio (que se encuentran en la página http://www.RiseSmart.com/terms-conditions) (las “CDS”) y a esta Política de privacidad. El “Servicio” incluye
- el Sitio,
- los servicios de recolocación y gestión de carreras profesionales de RiseSmart, así como otros servicios (incluidos los servicios de gestión de archivos y análisis) y tecnologías relacionados, y
- todo el software, materiales, portales, recomendaciones, ofertas de empleo, datos, informes, textos, imágenes, sonido, vídeo, estadísticas y otros contenidos facilitados a través de alguno de los medios indicados anteriormente (conjuntamente, el “Contenido”).
RiseSmart es el responsable del tratamiento de datos en relación con toda la información recopilada y tratada a través del Servicio. Todas las funciones nuevas que se añadan al Servicio o sirvan para ampliarlo también estarán sujetas a las CDS y la Política de privacidad. En esta Política de privacidad se establece la política de RiseSmart en lo relacionado con los datos de identificación personal (“Datos personales”) y demás información recopilada, transmitida y utilizada en relación con el Servicio. Los datos anónimos, que se pueden recopilar durante su uso del Servicio, no están incluidos entre los “Datos personales”.
Su consentimiento
Al proporcionar a RiseSmart de manera voluntaria Datos personales o permitir el uso del Servicio, acepta y autoriza la recopilación, transmisión y utilización por RiseSmart de sus Datos personales y demás información resumida a continuación en esta Política de privacidad, así como cualquier aviso que le proporcione RiseSmart ocasionalmente en relación con el Servicio. Tiene derecho a revocar este consentimiento y a solicitar que se elimine la información que ha proporcionado a RiseSmart.
Datos personales recibidos de usted
Si opta por utilizar el Servicio, RiseSmart puede solicitarle que facilite Datos personales directamente a RiseSmart. RiseSmart podrá recibir de usted:
su nombre, su cargo actual o reciente, el nombre de su empresa, números de teléfono, su dirección, su dirección de correo electrónico y otros métodos de identificación o información de contacto;
・ su historial laboral y otras experiencias, su formación y capacitación, otras cualificaciones, objetivos de empleo, expectativas de remuneración, intereses y otros datos biográficos y profesionales;
información sobre su progreso y estado en el ámbito de su desarrollo profesional y búsqueda de trabajo, e
información acerca del grado de satisfacción de sus clientes y otros comentarios sobre su desarrollo profesional, su búsqueda de trabajo y el Servicio.
Además, cuando interactúe con RiseSmart a través del Servicio, RiseSmart podrá recopilar otros Datos personales e información sobre usted cuando proporcione dicha información de manera voluntaria, por ejemplo, cuando se ponga en contacto con RiseSmart para formular consultas o para responder a una de sus encuestas.
Se le solicitará que proporcione sus Datos personales a través de varios canales relacionados con el Servicio, por ejemplo, durante la activación de la cuenta del Servicio, ya sea mediante registro en línea o en papel, mediante su currículum, listas de comprobación, cuestionarios que complete para RiseSmart, sesiones de formación y asesoramiento, debates, intercambio de correos electrónicos y otros canales. Es posible que el Servicio obtenga también su dirección del protocolo de Internet (IP).
Respecto a la cuenta web personal que puede establecer en el Servicio, RiseSmart puede solicitarle que establezca un nombre de usuario único, una contraseña y una pregunta de recordatorio, y que utilice esta información de inicio de sesión para acceder a su cuenta. Usted acepta proteger la confidencialidad de su nombre de usuario, contraseña y pregunta de recordatorio, y en caso de que no la proteja, será totalmente responsable del uso, robo, alteración, uso indebido, revelación o demás pérdidas resultantes en relación con sus Datos personales u otra información.
Tiene derecho a solicitar acceso a los datos que decida proporcionar a RiseSmart. Las solicitudes de acceso pueden efectuarse a través de la dirección de correo electrónico
siguiente: u	m. RiseSmart le enviará una respuesta a dichas solicitudes de acceso en un plazo de 30 días.
Datos personales recibidos de una empresa cliente
Usted reconoce que una empresa cliente de RiseSmart puede contratar a RiseSmart para ayudar a
(a)los empleados actuales y/o anteriores de la empresa cliente que hayan cesado o vayan a cesar su relación laboral con esta en su búsqueda de empleo a través del Servicio (“Asistencia para la recolocación laboral”) o a
(b)los empleados actuales de la empresa cliente a encontrar oportunidades de desarrollo profesional a través del Servicio (“Asistencia para el desarrollo
profesional”),((a) y (b)conjuntamente, “Compromisos con la empresa cliente”). Respecto a los Compromisos con la empresa cliente, RiseSmart recibirá de dicha empresa una lista de personas aptas para el Servicio. Si usted es una persona apta, es posible que la lista de la empresa cliente incluya su nombre, cargo actual o reciente, domicilio, número de teléfono, dirección de correo electrónico, departamento o unidad de negocio y otros Datos personales.
RiseSmart tratará su información de esta manera para sus intereses legítimos con el fin de proporcionarle un servicio facilitado por su empresa actual o anterior. RiseSmart solamente utiliza Datos personales recibidos de empresas cliente para ponerse en contacto con participantes aptos.
Transferencias internacionales de datos personales
En caso de que usted o la empresa cliente proporcionen Datos personales relacionados con el Servicio, reconoce y acepta que es posible que estos se transfieran desde su ubicación actual o la de la empresa cliente a las oficinas y servidores de RiseSmart y a terceros autorizados a los que se hace referencia en el presente documento y que están establecidos en Estados Unidos u otros países.
Otra información y uso de las cookies
Cuando interactúe con RiseSmart a través del Servicio, RiseSmart recibirá y almacenará determinada información que no es de identificación personal. Esta información, que se recopila de manera pasiva mediante varias tecnologías, no puede utilizarse actualmente para identificarlo de manera específica. Además, el Servicio puede recopilar otra información que no es de identificación personal como parte de la funcionalidad del mismo (por ejemplo, la recopilación de respuestas a cuestionarios que no contienen información de identificación personal). Es posible que RiseSmart almacene dicha información por sí sola o que tal información se incluya en bases de datos que mantienen y son propiedad de los agentes o proveedores de servicios de
RiseSmart. El Servicio puede utilizar dicha información y agruparla con otra información para realizar un seguimiento, por ejemplo, del número total de visitantes del Sitio o al Servicio, del número de visitantes de cada página del Sitio o Servicio y de los nombres de dominio de los proveedores de servicios de Internet de los visitantes de RiseSmart. Es importante destacar que en este proceso no se facilitarán ni utilizarán Datos personales, a no ser que usted o una empresa cliente los facilite voluntariamente, tal y como se establece anteriormente.
Para el funcionamiento del Servicio, RiseSmart puede utilizar una tecnología denominada "cookies". Una cookie es información que el ordenador encargado de alojar el Servicio le facilita a su navegador al acceder a dicho Servicio. Las cookies de RiseSmart le ayudan a proporcionar una funcionalidad adicional al Servicio y ayudan a RiseSmart a analizar el uso del Servicio de una manera más precisa. Por ejemplo, el Servicio puede enviar a su navegador una cookie que le permita acceder al Servicio sin necesidad de introducir una contraseña más de una vez durante una visita al Servicio. En todos los casos en los que RiseSmart utilice cookies, no se recopilarán Datos personales sin su permiso.
Es posible que RiseSmart utilice dichas cookies o tecnologías similares para recopilar información acerca de sus actividades de navegación con el tiempo y en diferentes sitios web tras su uso del Servicio (y que permita a proveedores de servicios externos utilizarlas). Actualmente, nuestro Servicio no responde a señales de “No rastrear” (DNT, por sus siglas en inglés) y funciona del modo descrito en esta Política de privacidad, tanto si se ha recibido una señal DNT como si no. Si RiseSmart llega a responder a estas señales en el futuro, se incluirá una descripción acerca de dicho procedimiento en esta Política de privacidad.
Intercambio de información con empresas cliente
Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente
para ofrecer asistencia en la recolocación laboral, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con el desarrollo profesional, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera individual o de manera global (conjuntamente, “Datos de progreso en la recolocación laboral”). Es posible que RiseSmart le facilite ocasionalmente herramientas para permitirle ajustar los Datos de progreso en la recolocación laboral para los que disponga de autorización para compartir con la empresa cliente. Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en el desarrollo profesional, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y su estado en relación con la búsqueda de empleo, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera global (conjuntamente, los “Datos de progreso en el desarrollo profesional”). Es posible que RiseSmart le facilite ocasionalmente herramientas para permitirle ajustar los Datos de progreso en el desarrollo profesional para los que disponga de autorización para compartir con la empresa cliente. Si tiene alguna pregunta o duda acerca de los Datos de progreso en la recolocación laboral o de los Datos de progreso en la asistencia para el desarrollo profesional que RiseSmart puede compartir con la empresa cliente, póngase en contacto con
(consulte la información a continuación).
Otros usos y uso compartido de su información
Dentro del ámbito del Servicio, RiseSmart podrá recopilar, transmitir y uti izar sus datos personales y otra información para proporcionarle el Servicio, así como para determinar qué asistencia en particular desea obtener del Servicio y, si está buscando empleo, para enviarle ofertas de trabajo, formación para la búsqueda de trabajo,
asistencia en la redacción del currículum y otro tipo de ayuda. RiseSmart también podrá utilizar sus Datos personales y otra información
(a)para identificarle y autenticarle, por ejemplo, para acceder a su cuenta del Servicio y para comunicarse con el personal de RiseSmart,
(b)internamente para escalar o ajustar la actividad del Servicio de RiseSmart para su cuenta, elaborar informes sobre el rendimiento del Servicio internamente para la Dirección de RiseSmart, impartir cursos de formación interna y gestionar la actividad comercial de RiseSmart.
Además, si proporciona Datos personales u otra información por un motivo determinado, RiseSmart podrá utilizarlos para fines relacionados con el motivo por el que se han proporcionado. Por ejemplo, si se pone en contacto con RiseSmart mediante correo electrónico, RiseSmart podrá utilizar los Datos personales que proporcione para responder a su pregunta o resolver su problema.
RiseSmart también podrá utilizar y compartir sus Datos personales y otra información recopiladas a través del Servicio del modo indicado a continuación:
RiseSmart podrá utilizar sus Datos personales y otra información para ayudar a
mejorar el Contenido y la funcionalidad del Servicio, comprender mejor a los usuarios y mejorar el Servicio.
A medida que RiseSmart vaya avanzando en su actividad empresarial, es posible que venda o compre empresas o activos. En caso de que se produzca una venta, fusión, reorganización o disolución corporativas o un evento similar, es posible que los Datos personales y otra información formen parte de los activos transferidos.
RiseSmart podrá compartir sus Datos personales y otra información con sus filiales para fines conformes a esta Política de privacidad.
En ocasiones, RiseSmart, al igual que muchas otras empresas, se asocia con
otras para ofrecer determinadas funciones relacionadas con la empresa,
incluidos los análisis. En caso de que RiseSmart se asocie con otra empresa para ofrecer una función en su nombre, podrá proporcionar sus Datos personales y otra información relacionada con usted en la medida necesaria o mínimamente útil para ofrecer su función específica. Entre estos proveedores de servicios se incluyen las empresas que alojan nuestros servidores, que proporcionan nuestras herramientas de administración de clientes, que proporcionan herramientas de comunicación y que proporcionan servicios para ayudar a detectar y prevenir el fraude.
RiseSmart podrá revelar sus Datos personales y otra información si asílo exige la ley o siempre que considere de buena fe que dicha acción resulta necesaria para
(i)cumplir con una obligación legal,
(ii)proteger y defender los derechos o la propiedad de RiseSmart,
(iii)actuar en circunstancias urgentes para proteger la seguridad personal de los usuarios del Servicio o del público, o bien
(iv)ofrecer protección ante responsabilidades legales.
Datos personales globales
En un esfuerzo continuo por comprender mejor y servir a los usuarios del Servicio, RiseSmart a menudo lleva a cabo investigaciones sobre las estadísticas demográficas de sus usuarios, sus intereses, sus resultados y sus comportamientos en función de los Datos personales y demás información que se proporcionan a RiseSmart. Es posible que esta investigación y otras estadísticas o métricas relacionadas con el comportamiento de los usuarios, sus resultados o sus críticas se recopilen y analicen
de manera global, y que RiseSmart comparta estos datos globales con sus filiales, agentes y socios comerciales. Esta información global no le identificará de manera personal. RiseSmart también puede revelar estadísticas de usuario globales para describir los servicios de RiseSmart a socios comerciales actuales y potenciales, así como a terceros, para otros fines lícitos.
Gestión de la información
RiseSmart puede recibir o introducir todos sus Datos personales u otra información en formato digital. RiseSmart puede combinar todos los Datos personales y otra información relacionada con usted en un registro de base de datos propio y almacenarlos en servidores alojados en Estados Unidos o en otros países. Usted tiene derecho a asegurarse de que los datos personales que RiseSmart tenga sobre usted sean correctos. Con elfin de garantizar esta precisión, es posible que RiseSmart le solicite y exija que revise un resumen de sus Datos personales y otra información de su cuenta, y confirme o corrija dicha información.
El personal de RiseSmart puede acceder a su cuenta en línea, determinar las necesidades y medidas requeridas, y, si está buscando empleo, publicar ofertas en su cuenta desde cualquier oficina o lugar de viaje o de trabajo.
RiseSmart tomará las medidas necesarias para proteger los Datos personales y otra información que se proporcionen a través del Servicio frente a la pérdida, el uso indebido y la revelación, la modificación, la destrucción o el acceso no autorizados. No obstante, ninguna transmisión a través de Internet o de correo electrónico es completamente segura o libre de errores. En particular, los mensajes de correo electrónico u otras transmisiones enviadas al Servicio o desde este pueden no ser seguros. Por lo tanto, deberá tener especial cuidado a la hora de decidir qué información envía a RiseSmart a través de correo electrónico o cualquier otro método de transmisión.
Vínculos a otros sitios web
Esta Política de privacidad solamente se aplica al Servicio. El Servicio puede contener vínculos a otros sitios web no gestionados o controlados por RiseSmart (los “Sitios de terceros”). Las políticas y procedimientos descritos en este documento no se aplican a los Sitios de terceros. Los vínculos del Servicio no implican que RiseSmart apruebe o haya revisado dichos Sitios de terceros. RiseSmart sugiere ponerse en contacto con dichos sitios directamente para obtener información acerca de sus políticas de privacidad.
Información pública
Si proporciona información personal no solicitada a RiseSmart a través del Servicio o de otros medios, por ejemplo, mediante la publicación de información en áreas públicas del Servicio, dicha información no solicitada se considerará no confidencial. RiseSmart podrá reproducir, utilizar, revelar y distribuir dicha información no solicitada a otras personas sin limitación o atribución alguna. Cualquier usuario del mundo con acceso al Sitio podrá acceder a toda la información publicada en un área pública.
Niños
El servicio de RiseSmart no está destinado a menores de 13 años ni recopila información de manera intencionada sobre estos.
Cambios en esta Política de privacidad
El Servicio y la actividad comercial de RiseSmart pueden cambiar ocasionalmente. Como resultado, puede que RiseSmart deba realizar cambios en esta Política de privacidad. RiseSmart se reserva el derecho a actualizar o modificar esta Política de privacidad en cualquier momento y de manera ocasional sin previo aviso. Revise esta
Política de manera periódica, especialmente antes de proporcionar Datos personales. Esta Política de privacidad se actualizó por última vez en la fecha indicada a continuación. Su uso continuado del Servicio tras los cambios o revisiones efectuados en esta Política de privacidad indican que está de acuerdo con las condiciones de la Política de privacidad revisada.
Contacto con RiseSmart
Para garantizar la precisión, actualización e integridad de sus Datos personales, póngase en contacto con RiseSmart del modo especificado a continuación. RiseSmart tomará todas las medidas correspondientes para actualizar o corregir los Datos personales que le haya enviado previamente a través del Servicio.
En caso de que tenga alguna incidencia o pregunta con respecto a esta Política de privacidad o cuestiones relacionadas con la privacidad, deberá ponerse en contacto con el director de privacidad de RiseSmart en la siguiente dirección:
Oficina de privacidad
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
Correo electrónico: user.support@risesmart.com
Los usuarios el Espacio Económico Europeo (EEE) y Suiza tienen derecho a presentar una reclamación a la autoridad de control encargada de la protección de datos de su país.
Fecha de entrada en vigor: 18 de enero de 2019
TÉRMINOS Y CONDICIONES
- Aceptación de las condiciones.
1.1 RiseSmart, Inc. y sus filiales (conjuntamente, “RiseSmart”) le proporcionan su Servicio (tal y como se define a continuación) a través de sitios web bajo el control de RiseSmart (incluido, sin limitación, el sitio que se encuentra en la página http://www.RiseSmart.com) (conjuntamente, el “Sitio”), de conformidad con estas Condiciones de servicio (“CDS”). Mediante la aceptación de estas CDS o al acceder a o utilizar el Servicio o el Sitio, reconoce que ha leído, comprendido y acepta cumplir estas CDS. Si no está de acuerdo con las CDS, no deberá aceptarlas ni utilizar el Servicio.
1.2 RiseSmart puede cambiar estas CDS ocasionalmente sin previo aviso. Los términos y condiciones revisados entrarán en vigor tras su publicación, por lo que si utiliza el Servicio después de esta fecha, su uso constituirá la aceptación de los términos y condiciones revisados. Si alguno de los cambios realizados en las CDS no le resulta aceptable, la única medida que podrá tomar será dejar de acceder al Servicio y utilizarlo.
- Descripción del servicio.
El “Servicio” incluye (a) el Sitio, (b) los servicios de recolocación laboral y gestión de carreras profesionales de RiseSmart, así como otros servicios (incluidos los servicios de gestión de archivos y análisis) y tecnologías y aplicaciones relacionados (incluidos, sin limitación, aplicaciones y servicios a los que se accede a través de dispositivos móviles u otras interfaces que le permitan el acceso), y (c)todo el software (incluido el Software, tal y como se define a continuación), materiales, portales, recomendaciones, ofertas de empleo, datos, informes, textos, imágenes, sonido, vídeo, estadísticas y otros contenidos facilitados a través de alguno de los medios indicados anteriormente
(conjuntamente, “Contenido”). Todas las funciones nuevas que se añadan al Servicio o sirvan para ampliarlo también estarán sujetas a estas CDS.
3. Condiciones generales/acceso y uso del Servicio.
3.1 De conformidad con los términos y condiciones de estas CDS, solamente podrá acceder al Servicio y utilizarlo con fines lícitos. Todos los derechos, la titularidad y los intereses relacionados con el Servicio y sus componentes seguirán siendo propiedad exclusiva de RiseSmart. Usted no podrá (ni permitirá a ningún tercero)
(a)copiar, reproducir, modificar, eliminar, distribuir, descargar, almacenar, transmitir, publicar, crear un trabajo derivado, utilizar técnicas de ingeniería inversa, desensamblar o intentar, directa o indirectamente, descubrir el código fuente, vender, sublicenciar, revender, alquilar, arrendar, transferir, ceder, compartir el Servicio temporalmente, explotar comercialmente el Servicio o ponerlo a disposición de un tercero;
(b)utilizar el Servicio de manera ilegal (por ejemplo, de modo que infrinja cualquier ley de control de exportaciones, privacidad o protección de datos) o de manera que interfiera o altere la integridad o el rendimiento del Servicio o sus componentes,
(c)modificar, adaptar o hackear el Servicio, o intentar acceder de manera no autorizada al Servicio o a sus sistemas o redes relacionados; o
(d)utilizar cualquier Contenido de otros sitios web o medios (por ejemplo, un entorno de red). Usted deberá cumplir con los códigos de conducta, las políticas y demás avisos que RiseSmart le proporcione o publique en relación con el Servicio, y notificará puntualmente a RiseSmart si descubre que se ha cometido una infracción de seguridad relacionada con el Servicio. Además, cuando utilice determinados servicios, estará sujeto a cualquier condición adicional aplicable a estos que se publique ocasionalmente en el Servicio, incluida, entre otras, la Política de privacidad de RiseSmart.
3.2 Cualquier software que facilite RiseSmart en relación con el Servicio (“Software”) contiene información confidencial y exclusiva protegida por las leyes de propiedad intelectual y demás leyes aplicables. De conformidad con los términos y condiciones de estas CDS, RiseSmart le concede en virtud del presente un derecho y una licencia personales, intransferibles, no sublicenciables y no exclusivos para utilizar el código objeto de cualquier Software en un solo dispositivo en lo relacionado exclusivamente con el Servicio. Usted se compromete a no acceder al Servicio a través de un medio distinto de la interfaz que RiseSmart proporciona para acceder al Servicio. Todos los derechos no concedidos de manera expresa en virtud de este documento quedan reservados y no se le concederá ninguna licencia ni derecho para utilizar ninguna marca comercial de RiseSmart o de terceros en relación con el Servicio.
3.3 Usted es el único responsable de todos los datos, información, comentarios, sugerencias, texto, contenido y demás materiales que cargue, publique, entregue, proporcione, transmita o almacene (en adelante, “transmisión”) en relación con el Servicio (“su Contenido”). En virtud del presente documento afirma y garantiza que el Contenido que transmita con respecto al Servicio
- es preciso, verdadero, legal, decente, honesto y completo (incluidos, sin limitación, los aspectos relacionados con su currículum, sus datos biográficos e información laboral, si está utilizando el Servicio para la búsqueda de empleo o el desarrollo de su carrera profesional) y
- está libre de errores, gusanos o virus. Usted acepta que es posible que RiseSmart elimine su Contenido del Servicio si considera que ha incumplido la disposición anterior o de conformidad con otras disposiciones de estas CDS. Usted es responsable de mantener la confidencialidad de sus datos de inicio de sesión, su contraseña y su cuenta en todas las actividades que se desarrollen durante su sesión o con su cuenta. RiseSmart se reserva el derecho de acceder a su cuenta para responder a sus solicitudes de asistencia técnica. Mediante la transmisión de su Contenido en el Servicio o a través de este, usted concede en virtud del presente documento a RiseSmart una licencia mundial, no exclusiva,
perpetua, irrevocable, sin regalías, completamente pagada, sublicenciable y transferible para utilizar, modificar, reproducir, distribuir, mostrar, publicar y representar su Contenido en relación con el Servicio. RiseSmart tiene el derecho, pero no la obligación, de filtrar o supervisar el Servicio, el Contenido o su Contenido. Asimismo, usted acepta que RiseSmart puede eliminar o desactivar cualquier Contenido en cualquier momento y por cualquier motivo (incluida, sin limitación, la remisión de reclamaciones o alegaciones de terceros o de autoridades relacionadas con dicho Contenido) o por ningún motivo en absoluto.
3.4 Usted entiende que el funcionamiento del Servicio, incluido su Contenido, puede no ser cifrado e implicar
(a)transmisiones a través de varias redes,
(b)cambios para cumplir y adaptarse a requisitos técnicos de redes o dispositivos de conexión,
(c)transmisiones a proveedores externos y socios de hospedaje de RiseSmart para proporcionar el hardware, el software, la red, el almacenamiento y la tecnología relacionada que son necesarios para utilizar y mantener el Servicio y
(d)transmisiones a otros terceros en relación con la distribución del Servicio. Por consiguiente, reconoce que la responsabilidad de mantener la seguridad, la protección y las copias de seguridad adecuadas de su Contenido recae exclusivamente en usted. RiseSmart no tendrá ninguna responsabilidad ante usted por el uso o acceso no autorizado de su Contenido o por cualquier daño, eliminación, destrucción o pérdida de su Contenido.
3.5 Asimismo, si busca empleo u oportunidades de desarrollo profesional, acepta aplicar su propio criterio, medidas de precaución y sentido común para gestionar las ofertas de empleo y demás información que se ofrezca a través del Servicio, y asumir todos los riesgos derivados de utilizar o confiar en el Contenido (incluida cualquier oferta, recomendación u orientación profesional) proporcionado a través del Servicio.
3.6 En caso de que RiseSmart no logre ejercer ni aplicar algún derecho o disposición
de estas CDS, ello no supondrá una renuncia a ese derecho. Usted reconoce que estas CDS son un contrato entre usted y RiseSmart, aunque estén en formato electrónico y no estén firmadas físicamente por usted y RiseSmart, que rigen su uso del Servicio y que tienen prioridad sobre acuerdos similares anteriores establecidos entre usted y RiseSmart.
3.7 Usted reconoce que una empresa cliente de RiseSmart puede contratar a RiseSmart para ayudar a
(a)los empleados actuales y/o anteriores de la empresa cliente que hayan cesado o vayan a cesar su relación laboral con esta en su búsqueda de empleo a través del Servicio (“Asistencia para la recolocación laboral”) o a
(b)los empleados actuales de la empresa cliente a encontrar oportunidades de desarrollo profesional a través del Servicio (“Asistencia para el desarrollo profesional”),((a) y (b)conjuntamente, “Compromisos con la empresa cliente”). Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en la recolocación laboral, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con la búsqueda de empleo, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera individual o de manera global. Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en el desarrollo profesional, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con la búsqueda de empleo o el desarrollo profesional, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera global. Consulte la Política de privacidad de RiseSmart para obtener más información acerca de la recopilación, el uso y el intercambio por RiseSmart de la información proporcionada por usted y empresas cliente en relación con los Compromisos con la empresa cliente.
3.8 Si está utilizando el Servicio de conformidad con un Compromiso con una empresa cliente, reconoce que el Servicio proporcionado no deberá superar el ámbito, la duración u otros límites de dicho Compromiso con la empresa cliente en virtud del cual se le concede acceso al Servicio.
3.9 Usted acepta que RiseSmart
(a)puede establecer prácticas generales y límites relacionados con el uso del Servicio, incluidos, sin limitación, el período de tiempo máximo por el que el Servicio puede conservar el Contenido o cualquier parte de su Contenido y el espacio de almacenamiento máximo que se asignará en su nombre,
- RiseSmart no asume ninguna responsabilidad por la eliminación o la incapacidad de almacenar Contenido o cualquier parte de su Contenido que se cargue o mantenga en el Servicio y
- podrá conservar el Contenido y cualquier parte de su Contenido, además de revelarlos si así lo exige la ley o si cree de buena fe que dicha conservación o revelación es necesaria para:
(i)cumplir con procesos legales, leyes aplicables o solicitudes gubernamentales;
(ii)hacer cumplir estas CDS;
(iii)responder a reclamaciones conforme a las cuales el Contenido o cualquier parte de su Contenido infringen los derechos de terceros; o
(iv)proteger los derechos, la propiedad o la seguridad personal de
RiseSmart, sus usuarios y el público. Asimismo, usted acepta que RiseSmart puede eliminar o deshabilitar cualquier Contenido o parte de su Contenido en cualquier momento y por cualquier motivo (incluida, sin limitación, la remisión de reclamaciones o alegaciones de terceros o de autoridades relacionadas con dicho Contenido o su Contenido) o por ningún motivo en absoluto.
- Pago.
En la medida en que el Servicio o parte de este se proporcione a cambio de alguna tarifa (que no sea abonada por una empresa cliente de RiseSmart), se le solicitará que seleccione un plan de pago y proporcione información a RiseSmart relacionada con su tarjeta de crédito u otro instrumento de pago. Usted afirma y garantiza a RiseSmart que dicha información es verdadera y que está autorizado a utilizar dicho instrumento de pago. Usted deberá actualizar puntualmente la información de su cuenta en cuanto se produzca alguna modificación (por ejemplo, un cambio en la dirección de facturación o en la fecha de caducidad de la tarjeta de crédito). Usted acepta pagar a RiseSmart la cantidad especificada en el plan de pago conforme a los términos de dicho plan y de estas CDS. En virtud del presente documento, usted autoriza a RiseSmart a cargar todos los cobros en su instrumento de pago por adelantado y de manera periódica, de conformidad con los términos del plan de pago aplicable, hasta que se cancele su cuenta, y se compromete a abonar todos los pagos contraídos. Si desea rebatir algún pago, deberá notificárselo a RiseSmart en el plazo de sesenta (60) días a contar desde la fecha de facturación de RiseSmart. RiseSmart se reserva el derecho a cambiar sus precios en cualquier momento. Si RiseSmart desea cambiar sus precios, deberá publicar un aviso del cambio en el Sitio web o enviarle un correo electrónico, a criterio de RiseSmart, con un período de antelación de 30 días respecto a la fecha en que se produzca el cambio. Si sigue utilizando el Servicio después de que se haga efectivo el cambio de precios, significará que acepta pagar el nuevo importe. En caso de que esté utilizando el Servicio conforme a un Compromiso con una empresa cliente, a dicha empresa se le cobrará el paquete de Servicio específico que haya autorizado a RiseSmart para proporcionárselo a usted.
- Declaraciones y garantías.
En lo relacionado con su uso, usted se compromete a no infringir ninguna normativa, regulación o estatuto local, estatal y federal de ninguna jurisdicción, incluidas, entre
otras, las leyes y normativas de exportación de Estados Unidos, las leyes antidiscriminación o de igualdad de oportunidades en el acceso al empleo; a no infringir ningún derecho de propiedad intelectual y privacidad, incluidos, entre otros, patentes, derechos de autor, marcas comerciales o secretos comerciales de terceros; a no cargar, publicar, transmitir o almacenar materiales ilegales, ofensivos, difamatorios, fraudulentos, engañosos, confusos, dañinos, amenazantes, intimidatorios, obscenos u objetables; a no incumplir sus obligaciones contractuales o de confidencialidad; a no alterar o interferir en las operaciones normales del Servicio, por ejemplo, mediante la publicación o transmisión de virus, gusanos, scripts, macros o códigos dañinos de cualquier tipo, la publicación continua de materiales repetitivos o la publicación de cantidades anormalmente grandes de datos; a no realizar actividades no permitidas por RiseSmart, como la promoción no autorizada de materiales, el envío de materiales promocionales no solicitados, “correo basura”, “spam”, “cartas en cadena”, estafas piramidales, acuerdos de franquicia o distribución, suscripción a clubes, acuerdos de ventas y demás materiales inaceptables; a no infringir los derechos de privacidad o personales de los demás haciendo un uso inadecuado del Servicio, como, por ejemplo, intimidar o acosar a otra persona, enviar correos electrónicos no deseados o recopilar información personal de otros usuarios; a no traspasar o intentar traspasar las medidas de seguridad del Servicio; a no utilizar ningún dispositivo, proceso o mecanismo para supervisar, recuperar, realizar búsquedas u obtener acceso al Servicio, por ejemplo, mediante un spider o un robot, sin el consentimiento previo por escrito de RiseSmart; a no acceder o intentar acceder a una cuenta o datos de inicio de sesión de un tercero que figure en el Servicio; a no publicar o enviar información imprecisa, falsa o incompleta, como su currículum, sus datos biográficos o su información laboral; a no hacerse pasar por otra persona o entidad; a no falsificar información de encabezados de publicaciones electrónicas o correos; a no dar una imagen falsa sobre usted, su afiliación a un tercero o su entidad.
6. Cancelación.
Tiene derecho a cancelar su cuenta en cualquier momento, según a los procedimientos establecidos en el Sitio o facilitados por separado, según corresponda. Si está utilizando el Servicio conforme a un Compromiso con una empresa cliente, reconoce que su acceso a dicho Servicio caducará una vez superada la fecha de terminación o tras la cancelación de dicho compromiso. RiseSmart se reserva el derecho de
(i)modificar o suspender el Servicio (o cualquier parte de este) de manera temporal o permanente y
(ii)rechazar todos los usos actuales o futuros del Servicio, suspender o cancelar su cuenta (y cualquier parte de esta) o utilizar el Servicio y eliminar y descartar cualquier parte de su Contenido en el Servicio por el motivo que sea, como, por ejemplo, si RiseSmart cree que ha infringido estas CDSS. RiseSmart no tendrá responsabilidad alguna ante usted ni ante ningún tercero por la modificación, suspensión o interrupción del Servicio.
RiseSmart tomará todas las medidas necesarias para ponerse en contacto con usted antes de suspender o cancelar su cuenta. RiseSmart podrá eliminar permanentemente todo su Contenido del Servicio (si dispone de alguno) tras la cancelación de su cuenta a su entera discreción. Si RiseSmart cancela su cuenta sin motivo alguno y se ha registrado a cambio del pago de una tarifa de servicio si corresponde (exclusivo de un compromiso con una empresa cliente), RiseSmart reembolsará la parte prorrateada y no ofrecida en el Servicio de todas las cantidades que haya abonado previamente por este. No obstante, todos los derechos de pago devengados y las condiciones de la Sección 4-12 continuarán en vigencia tras la finalización de estas CDS.
7. EXENCIÓN DE RESPONSABILIDAD.
EL SERVICIO, EL SITIO, EL CONTENIDO (INCLUIDOS, ENTRE OTROS, LOS ANÁLISIS, LAS RECOMENDACIONES, LAS OPORTUNIDADES DE DESARROLLO PROFESIONAL Y LAS OFERTAS DE EMPLEO) Y TODOS LOS COMPONENTES DEL SERVIDOR Y DE LA
RED SE PROPORCIONAN «TAL CUAL» Y «EN FUNCIÓN DE LA DISPONIBILIDAD», SIN GARANTÍA DE NINGÚN TIPO, Y RISESMART RENUNCIA DE MANERA EXPRESA A OFRECER GARANTÍA ALGUNA, EXPRESA O IMPLÍCITA, INCLUIDAS, ENTRE OTRAS, A LAS GARANTÍAS IMPLÍCITAS DE COMERCIABILIDAD, TITULARIDAD, ADECUACIÓN A UN FIN EN PARTICULAR Y NO INFRACCIÓN. USTED RECONOCE QUE RISESMART NO GARANTIZA QUE EL SERVICIO SE PROPORCIONE SIN INTERRUPCIONES, DE MANERA PUNTUAL, SEGURA, SIN ERRORES O VIRUS Y QUE NINGUNA INFORMACIÓN, ASESORAMIENTO O SERVICIO OBTENIDO POR USTED DE RISESMART O A TRAVÉS DEL SERVICIO CONSTITUIRÁ GARANTÍA ALGUNA QUE NO SE HAYA ESTABLECIDO DE MANERA EXPRESA EN ESTAS TOS. SIN PERJUICIO DE LO ESTABLECIDO ANTERIORMENTE, SI ESTÁ BUSCANDO EMPLEO O UNA OPORTUNIDAD DE DESARROLLO PROFESIONAL,
(A)RECONOCE Y ACEPTA QUE LAS OFERTAS DE TRABAJO QUE RISESMART PUEDA PUBLICAR EN SU CUENTA SE RECIBEN DE TERCEROS SIN INVESTIGACIÓN PREVIA DE NINGÚN TIPO Y
(B) RISESMART NO GARANTIZA QUE LAS OFERTAS DE TRABAJO U OTRA INFORMACIÓN SEAN PRECISAS O LEGÍTIMAS, QUE USTED VAYA A TENER ÉXITO A LA HORA DE ENCONTRAR TRABAJO O UNA OPORTUNIDAD DE DESARROLLO PROFESIONAL GRACIAS AL USO DEL SERVICIO, O QUE CUALQUIER OFERTA DE EMPLEO O DESARROLLO PROFESIONAL QUE ENCUENTRE AL UTILIZAR EL SERVICIO SE ADAPTE A SUS NECESIDADES O RESULTE ADECUADA PARA USTED.
RiseSmart no será responsable bajo ninguna circunstancia por ningún contenido o material de terceros (incluidos usuarios), incluidos errores u omisiones en cualquier contenido, ni por ninguna pérdida o daño de ningún tipo que se produzca como resultado del uso de dicho contenido. Usted reconoce que RiseSmart no filtra previamente el contenido, pero que tanto RiseSmart como sus personal designado tendrán derecho (pero no la obligación), a su entera discreción, de rechazar o eliminar el contenido disponible a través del Servicio. Usted se compromete a evaluar y asumir todos los riesgos asociados con el uso del contenido, incluida su confianza en la
precisión, integridad o utilidad de dicho contenido.
8. LIMITACIÓN DE LA RESPONSABILIDAD.
8.1 RISESMART NO SERÁ RESPONSABLE BAJO NINGUNA CIRCUNSTANCIA NI FUNDAMENTO JURÍDICO (YA SEA POR CONTRATO, RESPONSABILIDAD EXTRACONTRACTUAL, ETC.) ANTE USTED O UN TERCERO POR
- NINGÚN DAÑO INDIRECTO, ACCIDENTAL, ESPECIAL, EJEMPLAR, CONSECUENTE O PUNITIVO, COMO LA PÉRDIDA DE BENEFICIOS, DE VENTAS O DE ACTIVIDAD EMPRESARIAL, LA PÉRDIDA DE DATOS O LA INTERRUPCIÓN DE LA ACTIVIDAD EMPRESARIAL, NI POR
- NINGÚN DAÑO DIRECTO, COSTE, PÉRDIDA O RESPONSABILIDAD QUE
SUPERE LAS TARIFAS EFECTIVAMENTE ABONADAS POR USTED DURANTE LOS SEIS (6)MESES ANTERIORES AL QUE HAYA DADO LUGAR A SU RECLAMACIÓN O, SI NO SE APLICAN TARIFAS, CIEN (100 $) DÓLARES ESTADOUNIDENSES.EN LAS DISPOSICIONES DE ESTA SECCIÓN SE REPARTEN LOS RIESGOS DERIVADOS DE ESTAS CDS ENTRE LAS PARTES Y ESTAS HAN CONFIADO EN LAS LIMITACIONES ESTABLECIDAS A LA HORA DE DETERMINAR SI FIRMAN ESTAS CDS.
8.2 Algunos estados no permiten la exención de responsabilidad, la exclusión de
garantías implícitas ni la limitación de la responsabilidad por daños accidentales o consecuentes, lo cual implica que es posible que algunas de las limitaciones anteriores de las secciones 7 (Exención de responsabilidad) y 8 (Limitación de la responsabilidad) no se apliquen a su caso.EN ESTOS ESTADOS, LA RESPONSABILIDAD DE RISESMART SE LIMITARÁ AL LÍMITE MÁXIMO PERMITIDO POR LA LEY.SI USTED ES UN USUARIO DE NUEVA JERSEY, LAS SECCIONES 7 (EXENCIÓN DE RESPONSABILIDAD) Y 8 (LIMITACIÓN DE LA RESPONSABILIDAD) SE INTERPRETARÁN EN EL ALCANCE MÁXIMO QUE PERMITA LA LEGISLACIÓN DE NUEVA JERSEY.SI ALGUNA PARTE DE ESTAS SECCIONES SE CONSIDERA NO VÁLIDA
DE CONFORMIDAD CON LA LEGISLACIÓN DE NUEVA JERSEY, LA INVALIDEZ DE DICHA PARTE NO AFECTARÁ A LA VALIDEZ DE LAS DEMÁS PARTES DE LA SECCIÓN CORRESPONDIENTE.
- Indemnización.
Usted deberá defender, indemnizar y exonerar a RiseSmart frente a toda reclamación, acción o demanda, incluidas, entre otras, las costas legales y contables razonables que se deriven del incumplimiento de estas CDS, de su Contenido, de su acceso o contribución al Servicio, o del uso o uso indebido de este. RiseSmart le enviará una notificación sobre dicha reclamación, denuncia o demanda. RiseSmart se reserva el derecho a asumir la defensa y el control exclusivos de cualquier asunto sujeto a indemnización de conformidad con esta sección. En tal caso, acepta cooperar con cualquier solicitud razonable para ayudar a RiseSmart en la defensa de dicho asunto. Sin perjuicio de lo anterior, usted no tendrá obligación alguna de indemnizar, defender ni exonerar a RiseSmart ante reclamaciones, acciones o demandas derivadas de acciones u omisiones por parte de RiseSmart.
- Cesión.
Usted no podrá ceder estas CDS sin el consentimiento previo por escrito de RiseSmart, pero es posible que RiseSmart ceda o transfiera estas CDS total o parcialmente sin restricción alguna.
- Legislación aplicable.
Estas CDS se regirán por las leyes del estado de California sin considerar los principios de conflictos de leyes. Salvo en los casos particulares en que RiseSmart decida lo contrario, en virtud del presente documento, usted acepta quedar sujeto de manera expresa a la jurisdicción personal exclusiva de los tribunales federales y estatales del estado de California con el fin de resolver cualquier disputa relacionada
con el acceso al Servicio o su uso.
12. DMCA.
La Ley sobre Derechos de Autor en el Milenio Digital («DMCA») de 1998 ofrece a los propietarios de derechos de autor recursos legales en caso de que un material que aparece en Internet infrinja sus derechos de conformidad con la Ley estadounidense de derechos de autor. RiseSmart procesará e investigará puntualmente todos los avisos de supuestas infracciones y llevará a cabo las acciones correspondientes de conformidad con la DMCA y otras leyes de propiedad intelectual aplicables en relación con cualquier infracción supuesta o real. Las notificaciones sobre reclamaciones por infracciones de derechos de autor se deben enviar por correo electrónico al agente de derechos de autor de RiseSmart, a la dirección user.support@risesmart.com (línea de asunto: “Solicitud de retirada conforme a la DMCA”). También puede ponerse en contacto con RiseSmart mediante correo electrónico a través de la dirección:
Atención: Agente de derechos de autor
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
Aviso: Para que resulte efectiva, la notificación debe enviarse por escrito y contener la siguiente información:
una firma física o electrónica de la persona autorizada para actuar en nombre del propietario de los derechos de autor o de otros intereses de propiedad intelectual;
una descripción de la obra protegida mediante derechos de autor u otra
propiedad intelectual respecto de las cuales reclama una infracción;
una descripción de la ubicación del Sitio en la que se encuentra el material respecto del cual reclama una infracción, con información suficiente para
que RiseSmart pueda encontrarla en el Sitio;
su dirección, número de teléfono y dirección de correo electrónico
una declaración suya conforme cree de buena fe que el uso objeto de disputa no está autorizado por el propietario de los derechos de autor o de la propiedad intelectual, su agente o la legislación pertinente;
una declaración suya, realizada bajo pena de perjurio, de que la información especificada en su aviso es precisa y que usted es el propietario de la propiedad intelectual o los derechos de autor, o que está autorizado para actuar en nombre de dicho propietario.
13.1. Aplicaciones de software compatibles con Apple.
RiseSmart ofrece aplicaciones de Software diseñadas para utilizarse con productos comercializados por Apple In. (“Apple”), entre otras plataformas. En relación con el Software facilitado para utilizarse con un producto de marca Apple (“Software compatible con Apple”), además de los demás términos y condiciones establecidos en estas CDS, se aplicarán los siguientes términos y condiciones:
RiseSmart y usted reconocen que estas CDS se han formalizado entre ambas partes únicamente y no con Apple, y que entre RiseSmart y Apple, es RiseSmart y no Apple la única responsable del Software compatible con Apple y del contenido correspondiente.
Usted no podrá utilizar el Software compatible con Apple de modo que infrinja o no cumpla con las normas de uso establecidas para este, o que entre en conflicto con las Condiciones de servicio de la Apple Store.
Su licencia para utilizar el Software compatible con Apple está limitada a una licencia intransferible para utilizar dicho software en un producto iOS de su propiedad o controlado por usted, de conformidad con las normas de uso
establecidas en las Condiciones de servicio de la App Store.
Apple no tiene ninguna obligación de proporcionar servicios de mantenimiento o asistencia para el Software compatible con Apple.
Apple no será responsable de ninguna garantía de producto, ya sea expresa o establecida por ley. En caso de que el Software compatible con Apple no cumpla con una garantía aplicable, podrá notificarle dicha circunstancia a Apple y Apple le reembolsará el precio de compra del Software compatible con Apple, si ha abonado alguno, y en el alcance máximo permitido por la ley aplicable, Apple no tendrá ninguna otra obligación de prestación de garantía con respecto al Software compatible con Apple, ni con ninguna otra reclamación, pérdida, responsabilidad, daño, coste o gasto atribuible al incumplimiento de cualquier garantía, lo cual será responsabilidad exclusiva de RiseSmart, en la medida en que no se pueda renunciar a estas conforme a la legislación aplicable.
・ RiseSmart y usted reconocen que RiseSmart, y no Apple, es responsable de atender las reclamaciones que usted o un tercero presenten en relación con el Software compatible con Apple o con su posesión y/o uso de este, incluidas, entre otras, (i) reclamaciones por responsabilidades de responsabilidad civil por productos defectuosos; (ii) reclamaciones por la no conformidad del Software compatible con Apple con cualquier requisito legal o normativo aplicable; y (iii) reclamaciones derivadas de la legislación de protección al consumidor o leyes similares.
En caso de que un tercero reclame que el Software compatible con Apple o la posesión y el uso de este por el usuario final infringe los derechos de propiedad intelectual de dicho tercero, RiseSmart será el responsable exclusivo de la investigación, la defensa, el pago y liquidación de dicha reclamación por infracción de la propiedad intelectual.
Usted garantiza que (i) no reside en un país sujeto a un embargo por parte del Gobierno de Estados Unidos o que haya sido designado por este como un país
que “apoya el terrorismo”; y (ii)que no figura en ninguna lista de entidades prohibidas o restringidas por el Gobierno de Estados Unidos.
Si tiene alguna pregunta, queja o reclamación relacionada con el Software
compatible con Apple, deberá remitirla a RiseSmart a la siguiente dirección:
user.support@risesmart.com
RiseSmart, Inc.
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
San José, CA 95113
RiseSmart y usted reconocen y acuerdan que Apple y las filiales de Apple son terceras partes beneficiarias de estas CDS en lo relacionado con el Software compatible con Apple y que, tras su aceptación de los términos y condiciones de estas CDS, Apple tendrá derecho (y se considerará que ha aceptado el derecho) a hacer cumplir estas CDS ante usted con respecto al Software compatible con Apple como tercera beneficiaria de este.
14. Vínculos a otros sitios.
El Servicio puede contener vínculos a sitios web de terceros. Estos vínculos se proporcionan únicamente para comodidad del usuario y no a modo de respaldo de los contenidos de dichos sitios web de terceros por parte de RiseSmart. RiseSmart no es responsable del contenido de los sitios de terceros vinculados y no ofrece ninguna garantía relacionada con el contenido o la precisión de los materiales de dichos sitios web de terceros. Si decide acceder a sitios web de terceros vinculados mediante un enlace, lo hará bajo su cuenta y riesgo.
15. Dispositivos móviles.
Si utiliza el Servicio a través de un dispositivo móvil, acepta que se envíe a RiseSmart la información acerca de su uso del Servicio a través de su dispositivo móvil y operador, así como de su operador móvil, su dispositivo móvil o su ubicación física. Además, el uso del Servicio a través de un dispositivo móvil puede provocar que se muestren datos en y a través de su dispositivo móvil. Al acceder al Servicio mediante un dispositivo móvil, garantiza que en la medida en que importe sus datos de RiseSmart a su dispositivo móvil, está autorizado para compartir los datos transferidos con su operador móvil u otro proveedor de acceso. En caso de que cambie o desactive su dispositivo móvil/cuenta, deberá asegurarse de que su cuenta o cualquier mensaje relacionado (según corresponda) no se envíen a ningún tercero ni sean accesibles por este. De lo contrario, usted asumirá la responsabilidad. Usted reconoce que es responsable de abonar todos los cargos y de los permisos
necesarios relacionados con el acceso al Servicio a través de su dispositivo móvil y su proveedor. Por lo tanto, deberá consultar a su proveedor para obtener las condiciones de estos servicios para su dispositivo móvil específico. Al utilizar aplicaciones descargables para habilitar el uso del Servicio, confirma de manera explícita su aceptación de las condiciones del Contrato de licencia de usuario final asociado con la aplicación proporcionada tras la descarga o la instalación o cuando se actualice periódicamente.
Fecha de entrada en vigor: 18 de enero de 2019
POLÍTICA DE PRIVACIDAD DE RISESMART
Effective July 29th 2020
DownloadTable of Contents
POLÍTICA DE PRIVACIDAD DE RISESMART
RiseSmart, Inc. y sus filiales (conjuntamente, “RiseSmart”) le proporcionan su Servicio (tal como se define a continuación) a través de sitios web bajo el control de RiseSmart (incluido, sin limitación, el sitio que se encuentra en la página http://www.RiseSmart.com) (conjuntamente, el “Sitio”), de conformidad con sus Condiciones de servicio (que se encuentran en la página http://www.RiseSmart.com/terms-conditions) (las “CDS”) y a esta Política de privacidad. El “Servicio” incluye
- el Sitio,
- los servicios de recolocación y gestión de carreras profesionales de RiseSmart, así como otros servicios (incluidos los servicios de gestión de archivos y análisis) y tecnologías relacionados, y
- todo el software, materiales, portales, recomendaciones, ofertas de empleo, datos, informes, textos, imágenes, sonido, vídeo, estadísticas y otros contenidos facilitados a través de alguno de los medios indicados anteriormente (conjuntamente, el “Contenido”).
RiseSmart es el responsable del tratamiento de datos en relación con toda la información recopilada y tratada a través del Servicio. Todas las funciones nuevas que se añadan al Servicio o sirvan para ampliarlo también estarán sujetas a las CDS y la Política de privacidad. En esta Política de privacidad se establece la política de RiseSmart en lo relacionado con los datos de identificación personal (“Datos personales”) y demás información recopilada, transmitida y utilizada en relación con el Servicio. Los datos anónimos, que se pueden recopilar durante su uso del Servicio, no están incluidos entre los “Datos personales”.
Su consentimiento
Al proporcionar a RiseSmart de manera voluntaria Datos personales o permitir el uso del Servicio, acepta y autoriza la recopilación, transmisión y utilización por RiseSmart de sus Datos personales y demás información resumida a continuación en esta Política de privacidad, así como cualquier aviso que le proporcione RiseSmart ocasionalmente en relación con el Servicio. Tiene derecho a revocar este consentimiento y a solicitar que se elimine la información que ha proporcionado a RiseSmart.
Datos personales recibidos de usted
Si opta por utilizar el Servicio, RiseSmart puede solicitarle que facilite Datos personales directamente a RiseSmart. RiseSmart podrá recibir de usted:
su nombre, su cargo actual o reciente, el nombre de su empresa, números de teléfono, su dirección, su dirección de correo electrónico y otros métodos de identificación o información de contacto;
・ su historial laboral y otras experiencias, su formación y capacitación, otras cualificaciones, objetivos de empleo, expectativas de remuneración, intereses y otros datos biográficos y profesionales;
información sobre su progreso y estado en el ámbito de su desarrollo profesional y búsqueda de trabajo, e
información acerca del grado de satisfacción de sus clientes y otros comentarios sobre su desarrollo profesional, su búsqueda de trabajo y el Servicio.
Además, cuando interactúe con RiseSmart a través del Servicio, RiseSmart podrá recopilar otros Datos personales e información sobre usted cuando proporcione dicha información de manera voluntaria, por ejemplo, cuando se ponga en contacto con RiseSmart para formular consultas o para responder a una de sus encuestas.
Se le solicitará que proporcione sus Datos personales a través de varios canales relacionados con el Servicio, por ejemplo, durante la activación de la cuenta del Servicio, ya sea mediante registro en línea o en papel, mediante su currículum, listas de comprobación, cuestionarios que complete para RiseSmart, sesiones de formación y asesoramiento, debates, intercambio de correos electrónicos y otros canales. Es posible que el Servicio obtenga también su dirección del protocolo de Internet (IP).
Respecto a la cuenta web personal que puede establecer en el Servicio, RiseSmart puede solicitarle que establezca un nombre de usuario único, una contraseña y una pregunta de recordatorio, y que utilice esta información de inicio de sesión para acceder a su cuenta. Usted acepta proteger la confidencialidad de su nombre de usuario, contraseña y pregunta de recordatorio, y en caso de que no la proteja, será totalmente responsable del uso, robo, alteración, uso indebido, revelación o demás pérdidas resultantes en relación con sus Datos personales u otra información.
Tiene derecho a solicitar acceso a los datos que decida proporcionar a RiseSmart. Las solicitudes de acceso pueden efectuarse a través de la dirección de correo electrónico
siguiente: u	m. RiseSmart le enviará una respuesta a dichas solicitudes de acceso en un plazo de 30 días.
Datos personales recibidos de una empresa cliente
Usted reconoce que una empresa cliente de RiseSmart puede contratar a RiseSmart para ayudar a
(a)los empleados actuales y/o anteriores de la empresa cliente que hayan cesado o vayan a cesar su relación laboral con esta en su búsqueda de empleo a través del Servicio (“Asistencia para la recolocación laboral”) o a
(b)los empleados actuales de la empresa cliente a encontrar oportunidades de desarrollo profesional a través del Servicio (“Asistencia para el desarrollo
profesional”),((a) y (b)conjuntamente, “Compromisos con la empresa cliente”). Respecto a los Compromisos con la empresa cliente, RiseSmart recibirá de dicha empresa una lista de personas aptas para el Servicio. Si usted es una persona apta, es posible que la lista de la empresa cliente incluya su nombre, cargo actual o reciente, domicilio, número de teléfono, dirección de correo electrónico, departamento o unidad de negocio y otros Datos personales.
RiseSmart tratará su información de esta manera para sus intereses legítimos con el fin de proporcionarle un servicio facilitado por su empresa actual o anterior. RiseSmart solamente utiliza Datos personales recibidos de empresas cliente para ponerse en contacto con participantes aptos.
Transferencias internacionales de datos personales
En caso de que usted o la empresa cliente proporcionen Datos personales relacionados con el Servicio, reconoce y acepta que es posible que estos se transfieran desde su ubicación actual o la de la empresa cliente a las oficinas y servidores de RiseSmart y a terceros autorizados a los que se hace referencia en el presente documento y que están establecidos en Estados Unidos u otros países.
Otra información y uso de las cookies
Cuando interactúe con RiseSmart a través del Servicio, RiseSmart recibirá y almacenará determinada información que no es de identificación personal. Esta información, que se recopila de manera pasiva mediante varias tecnologías, no puede utilizarse actualmente para identificarlo de manera específica. Además, el Servicio puede recopilar otra información que no es de identificación personal como parte de la funcionalidad del mismo (por ejemplo, la recopilación de respuestas a cuestionarios que no contienen información de identificación personal). Es posible que RiseSmart almacene dicha información por sí sola o que tal información se incluya en bases de datos que mantienen y son propiedad de los agentes o proveedores de servicios de
RiseSmart. El Servicio puede utilizar dicha información y agruparla con otra información para realizar un seguimiento, por ejemplo, del número total de visitantes del Sitio o al Servicio, del número de visitantes de cada página del Sitio o Servicio y de los nombres de dominio de los proveedores de servicios de Internet de los visitantes de RiseSmart. Es importante destacar que en este proceso no se facilitarán ni utilizarán Datos personales, a no ser que usted o una empresa cliente los facilite voluntariamente, tal y como se establece anteriormente.
Para el funcionamiento del Servicio, RiseSmart puede utilizar una tecnología denominada "cookies". Una cookie es información que el ordenador encargado de alojar el Servicio le facilita a su navegador al acceder a dicho Servicio. Las cookies de RiseSmart le ayudan a proporcionar una funcionalidad adicional al Servicio y ayudan a RiseSmart a analizar el uso del Servicio de una manera más precisa. Por ejemplo, el Servicio puede enviar a su navegador una cookie que le permita acceder al Servicio sin necesidad de introducir una contraseña más de una vez durante una visita al Servicio. En todos los casos en los que RiseSmart utilice cookies, no se recopilarán Datos personales sin su permiso.
Es posible que RiseSmart utilice dichas cookies o tecnologías similares para recopilar información acerca de sus actividades de navegación con el tiempo y en diferentes sitios web tras su uso del Servicio (y que permita a proveedores de servicios externos utilizarlas). Actualmente, nuestro Servicio no responde a señales de “No rastrear” (DNT, por sus siglas en inglés) y funciona del modo descrito en esta Política de privacidad, tanto si se ha recibido una señal DNT como si no. Si RiseSmart llega a responder a estas señales en el futuro, se incluirá una descripción acerca de dicho procedimiento en esta Política de privacidad.
Intercambio de información con empresas cliente
Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente
para ofrecer asistencia en la recolocación laboral, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con el desarrollo profesional, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera individual o de manera global (conjuntamente, “Datos de progreso en la recolocación laboral”). Es posible que RiseSmart le facilite ocasionalmente herramientas para permitirle ajustar los Datos de progreso en la recolocación laboral para los que disponga de autorización para compartir con la empresa cliente. Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en el desarrollo profesional, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y su estado en relación con la búsqueda de empleo, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera global (conjuntamente, los “Datos de progreso en el desarrollo profesional”). Es posible que RiseSmart le facilite ocasionalmente herramientas para permitirle ajustar los Datos de progreso en el desarrollo profesional para los que disponga de autorización para compartir con la empresa cliente. Si tiene alguna pregunta o duda acerca de los Datos de progreso en la recolocación laboral o de los Datos de progreso en la asistencia para el desarrollo profesional que RiseSmart puede compartir con la empresa cliente, póngase en contacto con
(consulte la información a continuación).
Otros usos y uso compartido de su información
Dentro del ámbito del Servicio, RiseSmart podrá recopilar, transmitir y uti izar sus datos personales y otra información para proporcionarle el Servicio, así como para determinar qué asistencia en particular desea obtener del Servicio y, si está buscando empleo, para enviarle ofertas de trabajo, formación para la búsqueda de trabajo,
asistencia en la redacción del currículum y otro tipo de ayuda. RiseSmart también podrá utilizar sus Datos personales y otra información
(a)para identificarle y autenticarle, por ejemplo, para acceder a su cuenta del Servicio y para comunicarse con el personal de RiseSmart,
(b)internamente para escalar o ajustar la actividad del Servicio de RiseSmart para su cuenta, elaborar informes sobre el rendimiento del Servicio internamente para la Dirección de RiseSmart, impartir cursos de formación interna y gestionar la actividad comercial de RiseSmart.
Además, si proporciona Datos personales u otra información por un motivo determinado, RiseSmart podrá utilizarlos para fines relacionados con el motivo por el que se han proporcionado. Por ejemplo, si se pone en contacto con RiseSmart mediante correo electrónico, RiseSmart podrá utilizar los Datos personales que proporcione para responder a su pregunta o resolver su problema.
RiseSmart también podrá utilizar y compartir sus Datos personales y otra información recopiladas a través del Servicio del modo indicado a continuación:
RiseSmart podrá utilizar sus Datos personales y otra información para ayudar a
mejorar el Contenido y la funcionalidad del Servicio, comprender mejor a los usuarios y mejorar el Servicio.
A medida que RiseSmart vaya avanzando en su actividad empresarial, es posible que venda o compre empresas o activos. En caso de que se produzca una venta, fusión, reorganización o disolución corporativas o un evento similar, es posible que los Datos personales y otra información formen parte de los activos transferidos.
RiseSmart podrá compartir sus Datos personales y otra información con sus filiales para fines conformes a esta Política de privacidad.
En ocasiones, RiseSmart, al igual que muchas otras empresas, se asocia con
otras para ofrecer determinadas funciones relacionadas con la empresa,
incluidos los análisis. En caso de que RiseSmart se asocie con otra empresa para ofrecer una función en su nombre, podrá proporcionar sus Datos personales y otra información relacionada con usted en la medida necesaria o mínimamente útil para ofrecer su función específica. Entre estos proveedores de servicios se incluyen las empresas que alojan nuestros servidores, que proporcionan nuestras herramientas de administración de clientes, que proporcionan herramientas de comunicación y que proporcionan servicios para ayudar a detectar y prevenir el fraude.
RiseSmart podrá revelar sus Datos personales y otra información si asílo exige la ley o siempre que considere de buena fe que dicha acción resulta necesaria para
(i)cumplir con una obligación legal,
(ii)proteger y defender los derechos o la propiedad de RiseSmart,
(iii)actuar en circunstancias urgentes para proteger la seguridad personal de los usuarios del Servicio o del público, o bien
(iv)ofrecer protección ante responsabilidades legales.
Datos personales globales
En un esfuerzo continuo por comprender mejor y servir a los usuarios del Servicio, RiseSmart a menudo lleva a cabo investigaciones sobre las estadísticas demográficas de sus usuarios, sus intereses, sus resultados y sus comportamientos en función de los Datos personales y demás información que se proporcionan a RiseSmart. Es posible que esta investigación y otras estadísticas o métricas relacionadas con el comportamiento de los usuarios, sus resultados o sus críticas se recopilen y analicen
de manera global, y que RiseSmart comparta estos datos globales con sus filiales, agentes y socios comerciales. Esta información global no le identificará de manera personal. RiseSmart también puede revelar estadísticas de usuario globales para describir los servicios de RiseSmart a socios comerciales actuales y potenciales, así como a terceros, para otros fines lícitos.
Gestión de la información
RiseSmart puede recibir o introducir todos sus Datos personales u otra información en formato digital. RiseSmart puede combinar todos los Datos personales y otra información relacionada con usted en un registro de base de datos propio y almacenarlos en servidores alojados en Estados Unidos o en otros países. Usted tiene derecho a asegurarse de que los datos personales que RiseSmart tenga sobre usted sean correctos. Con elfin de garantizar esta precisión, es posible que RiseSmart le solicite y exija que revise un resumen de sus Datos personales y otra información de su cuenta, y confirme o corrija dicha información.
El personal de RiseSmart puede acceder a su cuenta en línea, determinar las necesidades y medidas requeridas, y, si está buscando empleo, publicar ofertas en su cuenta desde cualquier oficina o lugar de viaje o de trabajo.
RiseSmart tomará las medidas necesarias para proteger los Datos personales y otra información que se proporcionen a través del Servicio frente a la pérdida, el uso indebido y la revelación, la modificación, la destrucción o el acceso no autorizados. No obstante, ninguna transmisión a través de Internet o de correo electrónico es completamente segura o libre de errores. En particular, los mensajes de correo electrónico u otras transmisiones enviadas al Servicio o desde este pueden no ser seguros. Por lo tanto, deberá tener especial cuidado a la hora de decidir qué información envía a RiseSmart a través de correo electrónico o cualquier otro método de transmisión.
Vínculos a otros sitios web
Esta Política de privacidad solamente se aplica al Servicio. El Servicio puede contener vínculos a otros sitios web no gestionados o controlados por RiseSmart (los “Sitios de terceros”). Las políticas y procedimientos descritos en este documento no se aplican a los Sitios de terceros. Los vínculos del Servicio no implican que RiseSmart apruebe o haya revisado dichos Sitios de terceros. RiseSmart sugiere ponerse en contacto con dichos sitios directamente para obtener información acerca de sus políticas de privacidad.
Información pública
Si proporciona información personal no solicitada a RiseSmart a través del Servicio o de otros medios, por ejemplo, mediante la publicación de información en áreas públicas del Servicio, dicha información no solicitada se considerará no confidencial. RiseSmart podrá reproducir, utilizar, revelar y distribuir dicha información no solicitada a otras personas sin limitación o atribución alguna. Cualquier usuario del mundo con acceso al Sitio podrá acceder a toda la información publicada en un área pública.
Niños
El servicio de RiseSmart no está destinado a menores de 13 años ni recopila información de manera intencionada sobre estos.
Cambios en esta Política de privacidad
El Servicio y la actividad comercial de RiseSmart pueden cambiar ocasionalmente. Como resultado, puede que RiseSmart deba realizar cambios en esta Política de privacidad. RiseSmart se reserva el derecho a actualizar o modificar esta Política de privacidad en cualquier momento y de manera ocasional sin previo aviso. Revise esta
Política de manera periódica, especialmente antes de proporcionar Datos personales. Esta Política de privacidad se actualizó por última vez en la fecha indicada a continuación. Su uso continuado del Servicio tras los cambios o revisiones efectuados en esta Política de privacidad indican que está de acuerdo con las condiciones de la Política de privacidad revisada.
Contacto con RiseSmart
Para garantizar la precisión, actualización e integridad de sus Datos personales, póngase en contacto con RiseSmart del modo especificado a continuación. RiseSmart tomará todas las medidas correspondientes para actualizar o corregir los Datos personales que le haya enviado previamente a través del Servicio.
En caso de que tenga alguna incidencia o pregunta con respecto a esta Política de privacidad o cuestiones relacionadas con la privacidad, deberá ponerse en contacto con el director de privacidad de RiseSmart en la siguiente dirección:
Oficina de privacidad
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
Correo electrónico: user.support@risesmart.com
Los usuarios el Espacio Económico Europeo (EEE) y Suiza tienen derecho a presentar una reclamación a la autoridad de control encargada de la protección de datos de su país.
Fecha de entrada en vigor: 18 de enero de 2019
TÉRMINOS Y CONDICIONES (ES-ES)
Effective December 17th 2020
DownloadTable of Contents
TÉRMINOS Y CONDICIONES
¡Bienvenido a Randstad! Te agradecemos que te des de alta como Usuario de la Página Web de Randstad RiseSmart.
Definiciones
A los efectos de la interpretación de los presentes Términos y Condiciones, los siguientes términos tendrán el significado que seguidamente se les atribuye:
- Página Web: www.randstadrisesmart.es una plataforma de contenidos online que ayudarán al Usuario a la búsqueda de un nuevo empleo, el inicio de una actividad por cuenta propia o el paso a la jubilación.
- Usuario: participantes de los programas de recolocación, que tienen en la plataforma todos los recursos necesarios para su programa de transición laboral.
- Randstad: Randstad Empleo Empresa de Trabajo Temporal Empresa S.A.U.
- Términos y Condiciones: El presente documento.
- Servicios: los servicios ofrecidos y prestados por Randstad a través de la Página Web.
- Grupo Randstad: las entidades mercantiles que forman el Grupo Randstad en España: Randstad España, S.L.U. CIF B-85536134; Randstad Empleo Empresa de Trabajo Temporal, S.A.U. CIF A-80652928; Randstad Consultores y Soluciones de Recursos Humanos, S.L.U. CIF B-81500043; Randstad Project Services, S.L.U. CIF B84425131; Vexter Outsourcing, S.A.U. CIF A-79492286; Randstad Technologies, S.A.U. CIF A-81989360, además de la Fundación Randstad CIF G-83844316.
Objeto
Los presentes Términos y Condiciones establecen las condiciones de acceso y uso de la Página Web. El acceso y uso de la misma te atribuye la condición de Usuario, lo que implica tu adhesión y compromiso de cumplimiento de todas y cada una de las condiciones contenidas en estos Términos y Condiciones en la versión publicada en el momento de acceso.
La finalidad principal de la Página Web es facilitar a los participantes el acceso a programas de recolocación, en donde, podrás acceder a vídeos, cursos de formación, podcast, artículos, algunos de estos contenidos son ofrecidos a través de enlaces, vínculos o redirecciones a páginas web de terceros o servicios online de terceros (en adelante denominados como enlaces de terceros o Sitios enlazados).
Los contenidos de la Página Web podrán ser variados por Randstad sin necesidad de previo aviso. En el caso de que alguno de los Servicios ofertados tenga condiciones particulares, serás informado de las mismas, y deberás aceptarlas con anterioridad a su prestación.
Randstad se reserva el derecho a modificar, en todo o en parte, en cualquier momento y sin necesidad de preaviso las condiciones de uso de la Página Web, y producirán efectos desde el mismo momento de su publicación. Las condiciones de uso vigentes serán las que se encuentren publicadas en cada momento en estos Términos y Condiciones. Será exclusiva responsabilidad de cada Usuario consultar su contenido para conocer la versión actualizada del mismo cada vez que se acceda. Randstad podrá modificar unilateralmente las condiciones de uso de la Página Web mediante su publicación en estos Términos y Condiciones.
La Página Web puede contener enlaces a terceros, los cuales pueden dirigir a webs totalmente independientes que son ajenas a Randstad, si visitas, accedes, consumes los contenidos ofrecidos por estos enlaces de terceros quedarás vinculado contractualmente con los enlaces de forma directa sin mediación de Randstad, en consecuencia tendrás que aceptar y aplicar exclusivamente los términos y condiciones de los citados enlaces de terceros.
Datos identificativos del Prestador de Servicios
De acuerdo a lo establecido en la Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico, te informamos que el principal prestador de servicios de la Página Web y titular de la misma es Randstad Empleo Empresa de Trabajo Temporal, S.A.U., Agencia de Colocación nº 9900000118, y C.I.F. número A-80652928, con domicilio social en la Calle Vía de los Poblados 9, Edificio B, 5ª Planta, 28033 Madrid; inscrita en el Registro Mercantil de Madrid al Tomo 15.545, Folio 182, Sección 8ª, Hoja M-109.741
Para comunicarte de manera directa podrás dirigirte a la dirección de correo electrónico centrosoporte@randstad.es.
Carácter gratuito de los servicios
El uso de la Página Web tendrá generalmente carácter gratuito para el Usuario. En el caso de que el Usuario aceda a páginas webs totalmente independientes y ajenas a Randstad quedará vinculado contractualmente con esos terceros de forma directa sin mediación de Randstad, en consecuencia tendrá que aceptar y aplicar exclusivamente los términos y condiciones de las citadas páginas webs, puede ser que algunas de ellos permitan obtener una certificación, cuyo coste en caso de estar interesado/a, correría a cargo del Usuario.
Requisitos para el alta
Puede registrarse como Usuario cualquier persona física, con plena capacidad para contratar que acepte las Condiciones de Uso de los Términos y Condiciones.
En el caso de que seas un menor de edad no emancipado, para hacer uso de los Servicios deberás tener al menos dieciséis (16) años y obtener previamente autorización de tus padres, tutores o representantes legales. Randstad se reserva el derecho de solicitar en cualquier momento acreditación de la misma.
Tu registro como Usuario implica que has leído previamente a su aceptación los presentes Términos y Condiciones (en la versión publicada en el momento en procedas a tu registro) y que las has aceptado expresa y sin reserva alguna, pudiendo almacenarlo y reproducirlo.
Registro del Usuario
Para la adquisición de la condición de Usuario es necesario que solicites a Randstad darte de alta en la Página Web para ello debes cumplimentar el formulario de solicitud de alta correspondiente. Una vez tramitada el alta, Randstad te enviará un email a la dirección de correo electrónico facilitada con el usuario y contraseña generadas (las claves) que te facultarán para acceder a la Pagina Web y validar tu proceso de alta. En caso de que no completes el ciclo de verificación a través del mensaje recibido en el correo electrónico, el alta como Usuario no será tramitada.
Una vez tramitada el alta, las Claves generadas te facultarán para acceder a la Pagina Web.
Uso de las claves
Las Claves facilitadas durante tu proceso de alta son personales e intransferibles, por lo tanto, te comprometes a hacer un uso diligente de las mismas, para lo que deberás tomar todas las medidas razonables a fin de protegerlas, no asumiendo responsabilidad alguna Randstad en caso de que compartas y/o comuniques dichas Claves a terceros. En caso de extravío, sustracción o utilización no autorizada de las Claves, deberás informar sin demoras indebidas a Randstad, a fin de que podamos tomar las medidas oportunas.
En caso de pérdida o extravío de tus Claves, Randstad te proporcionará nuevas Claves si así lo solicitas.
Asimismo, podrás cambiar tu contraseña por razones de seguridad o restablecerla si te la olvidas.
Randstad presume, mientras no comuniques su extravío, sustracción o utilización indebida, que los accesos a través de tus Claves son realizados por ti.
Obligaciones del Usuario
Toda la información que nos facilites deberá ser veraz. A estos efectos, garantizas la autenticidad de todos aquellos datos que comuniques como consecuencia de la cumplimentación de los formularios incluidos en la Página Web. De igual forma, será tu responsabilidad mantener toda la información facilitada a Randstad permanentemente actualizada de forma que responda, en cada momento, a tu situación real. En todo caso serás el único responsable de las manifestaciones falsas o inexactas que realices y de los perjuicios que cause a Randstad o a terceros la información facilitada.
Te comprometes a hacer un uso diligente, correcto y lícito de la Pagina Web y a utilizarlas de conformidad con la ley, los Términos y Condiciones, las presentes Condiciones de Uso, y demás avisos, reglamentos de uso e instrucciones que sean puestos en tu conocimiento, así como con la moral y las buenas costumbres generalmente aceptadas y el orden público.
A tal efecto, deberás abstenerse de utilizar cualquiera de los Servicios con fines o efectos ilícitos, prohibidos, lesivos de los derechos e intereses de terceros, o que de cualquier forma puedan dañar, inutilizar, sobrecargar, deteriorar o impedir la normal utilización de la Pagina Web, los equipos informáticos o los documentos, archivos y toda clase de contenidos almacenados en cualquier equipo informático de Randstad, de otros Usuarios o de cualquier usuario de Internet (hardware y software).
Randstad se reserva el derecho a denegar o retirar tu acceso a la Página Web, en cualquier momento y sin necesidad de preaviso, en caso de que incumplas los presentes Términos y Condiciones.
Navegación, instalación y uso
La Página Web sólo puede ser utilizada correctamente si se cumplen las especificaciones técnicas para las que ha sido diseñada. El acceso a esta Página Web es responsabilidad exclusiva del Usuario, quien deberá hacer un uso lícito de la Página Web y de sus servicios de acuerdo los presentes Términos y Condiciones y a la legalidad vigente. Randstad no se hace responsable de los daños que pudiesen ocasionarse a los Usuarios por un uso o instalación inadecuados de la Página Web.
En todo caso, quedan prohibidas las siguientes acciones:
- Utilizar la Página Web y/o sus contenidos con fines o efectos ilícitos, ilegales, contrarios a lo establecido en los presentes Términos y Condiciones, a la buena fe y al orden público, lesivos de los derechos e intereses de Randstad o de terceros, o que de cualquier forma puedan dañar, inutilizar o sobrecargar la Página Web o impedir la normal utilización o disfrute de la misma (expresamente se prohíbe utilizar mecanismos, software o scripts en relación con la utilización de la Página Web y el copiado mediante tecnologías de buscador tipo "Robot/Crawler").
- Hacer un uso no autorizado o fraudulento de la Página Web y acceder o intentar acceder a recursos restringidos de la misma.
- Provocar daños en la Página Web, o en los sistemas de Randstad o de terceros.
- Reproducir o copiar, distribuir, permitir el acceso del público a través de cualquier modalidad de comunicación pública, transformar o modificar los contenidos de la Página Web.
- Incorporar cualquier tipo de datos a la Página Web que atenten contra los derechos de propiedad de terceros, sean obscenos, pornográficos, difamatorios, de carácter amenazador o material que pueda ser considerado delictivo en virtud del Código Penal vigente.
El Usuario que realice estas acciones o cualesquiera otras que puedan perjudicar los derechos de Randstad o de terceros responderá de todos los daños y perjuicios que cause.
Responsabilidad
Randstad no se responsabiliza ni garantiza que el acceso a la Página Web sea ininterrumpido o que esté libre de error. La Página Web se pone a disposición “tal cual” (en el estado en que está y cuando esté disponible), sin garantías de ningún tipo. Randstad no se hace responsable en modo alguno de las caídas, interrupciones, falta o defecto de las telecomunicaciones que pudieran ocurrir mientras el Usuario navega por la Página Web. Tampoco se responsabiliza o garantiza que el contenido o software al que pueda accederse a través de la Página Web esté libre de error. El uso de la Página Web se realiza a exclusivo riesgo del Usuario.
Ni Randstad ni ninguna otra parte involucrada en la creación, producción o desarrollo de la Página Web serán responsables por ninguna clase de daño o perjuicio, directo o indirecto o de cualquier otra clase, que hubiere sido ocasionado por el acceso, uso o examen de la Página Web o como consecuencia de la transferencia que el Usuario pudiera realizar a sus equipos, de cualquier archivo, dato, texto, imagen, vídeo y/o audio, contenidos en la Página Web, que incluya - sin limitación- pérdida de ingresos o de ganancias anticipadas, pérdida de buena reputación comercial, ventas perdidas, datos perdidos, ni ningún otro daño o pérdida que resulte de equivocaciones, omisiones, interrupciones, archivos borrados, errores, defectos, virus, demoras en la operación o transmisión, o cualquier fallo de funcionamiento, fallos en las comunicaciones, robo, destrucción o acceso no autorizado a los registros, programas o servicios de Randstad.
Randstad no asumirá responsabilidad alguna por los daños o pérdidas que se pudieran sufrir como consecuencia de sucesos que no hubieran podido preverse, o que previstos fueran inevitables, bien por caso fortuito o fuerza mayor.
En relación con los enlaces a terceros, Randstad actúa como prestador de servicios de intermediación de conformidad con el artículo 17 de la Ley 34/2002, de 12 de julio, de Servicios de la Sociedad de la Información y el Comercio Electrónico (LSSI) y sólo será responsable de los contenidos y servicios suministrados en los Sitios Enlazados en la medida en que tenga conocimiento efectivo de la ilicitud de los mismos, y no haya desactivado el enlace con la diligencia debida.
En el supuesto de que el Usuario considere que existe un Sitio Enlazado con contenidos ilícitos o inadecuados podrá comunicárselo a Randstad de acuerdo con el procedimiento y los efectos establecidos en el apartado “Comunicación de actividades de carácter ilícito e inadecuado”, sin que en ningún caso esta comunicación conlleve la obligación de retirar el correspondiente enlace.
En ningún caso, la existencia de Sitios Enlazados debe presuponer la existencia de acuerdos con los responsables o titulares de los mismos, ni la recomendación, promoción o identificación de Randstad con las manifestaciones, contenidos o servicios que provistos.
Randstad no conoce los contenidos y servicios de los Sitios Enlazados y por tanto no se hace responsable por los daños producidos por la ilicitud, calidad, desactualización, indisponibilidad, error e inutilidad de los contenidos y/o servicios de los Sitios Enlazados ni por cualquier otro daño que no sea directamente imputable al Prestador de Servicios.
Comunicación de actividades de carácter ilícito e inadecuado
En el caso de que el Usuario o cualquier otro usuario de Internet tuviera conocimiento de que los enlaces a terceros o Sitios Enlazados remiten a páginas cuyos contenidos o servicios son ilícitos, nocivos, denigrantes, violentos o contrarios a la moral; o que alguna de la información incluida por los propios Usuarios, a través de los servicios ofrecidos en el Portal, tienen una consideración igual a la descrita anteriormente, podrá ponerse en contacto con Randstad indicando los siguientes extremos:
•	Datos personales del comunicante: nombre, dirección, número de teléfono y dirección de correo electrónico;
•	Descripción de los hechos que revelan el carácter ilícito o inadecuado del Sitio Enlazado;
•	En el supuesto de violación de derechos, tales como propiedad intelectual e industrial, los datos personales del titular del derecho infringido cuando sea persona distinta del comunicante. Asimismo, deberá aportar el título que acredite la legitimación del titular de los derechos y, en su caso, el de representación para actuar por cuenta del titular cuando sea persona distinta del comunicante;
•	Declaración expresa de que la información contenida en la reclamación es exacta.
Si no se suministrase la información arriba indicada, no podrá considerarse la concurrencia del conocimiento efectivo, según lo dispuesto en la LSSI, de las actividades y/o contenidos indicados por el comunicante.
Información y Contenidos
La información que aparece en la Página Web es la vigente en la fecha de su última actualización.
Randstad no se hace responsable de la actualidad e idoneidad de las informaciones contenidas en la misma. Randstad realiza los máximos esfuerzos para evitar cualquier error en las informaciones que pudieran aparecer en la Página Web. Randstad no garantiza, ni se responsabiliza de las consecuencias que pudieran derivarse de los errores en los contenidos que pudieran aparecer en la Página Web.
Randstad se reserva la facultad de efectuar cuantas actualizaciones, cambios y modificaciones estime convenientes, pudiendo hacer uso de tal facultad en cualquier momento y sin previo aviso.
Propiedad Intelectual e Industrial
La Página Web, su código fuente y los contenidos que alberga, incluidos cualesquiera textos, datos, aplicaciones, logotipos, nombres comerciales, marcas y demás signos distintivos, denominaciones, imágenes, sonidos y demás recursos de la misma, están protegidos por la vigente normativa reguladora de los derechos de propiedad intelectual e industrial, no pudiendo ser objeto de explotación, reproducción, distribución, modificación, comunicación pública, cesión o transformación por terceros, salvo autorización previa expresa y escrita de Randstad o, en su caso, del titular de los derechos de que se trate. Queda expresamente prohibida, salvo autorización previa y por escrito de Randstad o, en su caso, del titular de los derechos de que se trate la difusión de cualesquiera contenidos de la Página Web mediante su inclusión total o parcial en Internet, Intranets, correo electrónico así como en cualquier otro medio, ya sea éste escrito, audiovisual o digital aun citándose la fuente.
Está totalmente prohibida la descarga e impresión de contenidos de la Página Web/App Randstad.
El acceso a esta Página Web no otorga a los Usuarios derecho, ni titularidad alguna sobre los derechos de propiedad intelectual o industrial ni de los contenidos que alberga.
Queda terminantemente prohibida la alteración del contenido o estructura de esta Página Web por parte del Usuario.
Randstad se reserva la posibilidad de ejercer las acciones judiciales que correspondan contra los Usuarios que violen o infrinjan estos derechos de propiedad intelectual e industrial.
Enlaces de terceros
La Página Web podrá incorporar enlaces, vínculos o redirecciones a páginas web de terceros o servicios online de terceros (en adelante denominados los enlaces de terceros) que no son propiedad ni están controlados por Randstad, Randstad no tiene control sobre tales enlaces de terceros ni asume responsabilidad por ellos, ten esto en cuenta cuando salgas de la Página Web. Te recomendamos que leas los términos y condiciones y políticas de privacidad de todos los enlaces de terceros que visites, accedas y/o consumas. En ningún caso, dichos enlaces de terceros implicarán la existencia de relación entre Randstad y los titulares de dichos enlaces de terceros, ni siquiera la aprobación o aceptación de sus contenidos. Randstad tampoco será responsable de la licitud de los contenidos vertidos y existentes en los citados enlaces de terceros.
Está prohibida la incorporación de un hipervínculo a la Página Web sin la expresa autorización de Randstad. En cualquier caso, dicha autorización implicará que el hipervínculo no se haga de forma que perjudique la imagen pública y de marca de Randstad o de la propia Página Web, así como de los terceros que aparezcan referenciados en ésta.
Randstad retirará cualquier enlace en cuanto tenga conocimiento por cualquier medio de la ilicitud de su contenido o de que desde los mismos se lesionan bienes o derechos de un tercero.
Seguridad
El acceso a los servicios transaccionales y aquellos que incluyen la captura de datos personales se realiza en un entorno seguridad utilizando protocolos de protección de la información comunicada. El servidor seguro establece una conexión de modo que la información se transmite cifrada. Esto asegura que el contenido transmitido es sólo inteligible para el ordenador cliente y el servidor de Randstad. El Usuario puede comprobar que se encuentra dentro de un entorno seguro si en la barra de estado de su navegador aparece un candado cerrado. Esto garantiza que el Usuario está comunicando sus datos a un servidor de Randstad y no a un tercero que intente hacerse pasar por ésta.
Respecto a los enlaces, vínculos o redirecciones a páginas web de terceros o servicios online de terceros (en adelante denominados los enlaces de terceros) que no son propiedad ni están controlados por Randstad, te recomendamos que cuando salgas de la Página Web compruebes que te encuentras en un entorno seguro, Randstad no será responsable de la seguridad de los citados enlaces de terceros asimismo Randstad no asumirá responsabilidad alguna por los daños o pérdidas que puedas sufrir por el acceso y uso de los citados enlaces de terceros.
Advertencia de Seguridad
El “phising” y otras actuaciones fraudulentas de robo y suplantación de la identidad de una persona consisten en que terceras personas se hagan pasar por empleados o simulen la identidad de una entidad mediante el uso fraudulento del correo electrónico para conseguir mediante el engaño sus datos personales.
Rogamos que tengas en cuenta los siguientes consejos:
- Randstad sólo efectuará comunicaciones a través de correos electrónicos con formato “…@randstad.es”. Debes desconfiar por tanto de cualesquiera otras comunicaciones electrónicas que le fueran remitidas en nombre de Randstad desde un dominio de un tipo diferente al indicado.
- En todo caso desde Randstad nunca se te solicitará, ni por teléfono ni por correo electrónico, tu clave personal de acceso al portal de empleo Randstad. En este sentido recordamos que el nombre de usuario y contraseña son datos de carácter personal y estrictamente confidenciales, y que sólo deben ser usados para el acceso a los servicios propios de Randstad.
- Tampoco se te solicitará por parte de Randstad, por teléfono o por correo electrónico, copia de tu documento nacional de identidad (DNI, NIE, pasaporte), ni dato alguno relativo a tus cuentas o posiciones bancarias. Debes desconfiar por tanto en caso de no conocer de antemano y directamente a la persona que le solicite este tipo de datos en nombre o por cuenta de Randstad.
- No debes acceder a Randstad por medio de un enlace, e-mail o página web que no sea de tu absoluta confianza.
- En caso de duda sobre la autenticidad de cualquier mensaje o comunicación que recibas en nombre de Randstad, podrás contactar con Randstad en la dirección de correo electrónico it@randstad.es
Nulidad parcial
En el caso de que alguna o varias de las estipulaciones de estos Términos y Condiciones fuera declarada nula o vacía de contenido, se tendrá por no puesta y no afectará al resto de estipulaciones, que en todo caso se complementarán e interpretarán unas con otras para completar, en su caso, los vacíos normativos dejados por las estipulaciones que hubieran sido declaradas nulas.
Legislación Aplicable y Jurisdicción Competente
El uso de la Página Web y las consecuencias jurídicas que se puedan derivar del mismo, así como las relaciones entre Randstad y tú como Usuario, se regirán e interpretarán de acuerdo al contenido de los presentes Términos y Condiciones y, tanto éste como todo aquello que no esté expresamente regulado en el mismo, se regirá e interpretará con arreglo a la legislación española que resulte de aplicación.
Cualquier controversia que pudiera derivarse del acceso o la utilización de la Página Web y su contenido se somete a la jurisdicción y competencia exclusiva de los Juzgados y Tribunales de Madrid (España), sin perjuicio de que resulte de aplicación alguna disposición legal imperativa en contrario, en cuyo caso se estará al contenido de la misma.
Effective July 29th 2020 to December 17th 2020
DownloadTable of Contents
TÉRMINOS Y CONDICIONES
- Aceptación de las condiciones.
1.1 RiseSmart, Inc. y sus filiales (conjuntamente, “RiseSmart”) le proporcionan su Servicio (tal y como se define a continuación) a través de sitios web bajo el control de RiseSmart (incluido, sin limitación, el sitio que se encuentra en la página http://www.RiseSmart.com) (conjuntamente, el “Sitio”), de conformidad con estas Condiciones de servicio (“CDS”). Mediante la aceptación de estas CDS o al acceder a o utilizar el Servicio o el Sitio, reconoce que ha leído, comprendido y acepta cumplir estas CDS. Si no está de acuerdo con las CDS, no deberá aceptarlas ni utilizar el Servicio.
1.2 RiseSmart puede cambiar estas CDS ocasionalmente sin previo aviso. Los términos y condiciones revisados entrarán en vigor tras su publicación, por lo que si utiliza el Servicio después de esta fecha, su uso constituirá la aceptación de los términos y condiciones revisados. Si alguno de los cambios realizados en las CDS no le resulta aceptable, la única medida que podrá tomar será dejar de acceder al Servicio y utilizarlo.
- Descripción del servicio.
El “Servicio” incluye (a) el Sitio, (b) los servicios de recolocación laboral y gestión de carreras profesionales de RiseSmart, así como otros servicios (incluidos los servicios de gestión de archivos y análisis) y tecnologías y aplicaciones relacionados (incluidos, sin limitación, aplicaciones y servicios a los que se accede a través de dispositivos móviles u otras interfaces que le permitan el acceso), y (c)todo el software (incluido el Software, tal y como se define a continuación), materiales, portales, recomendaciones, ofertas de empleo, datos, informes, textos, imágenes, sonido, vídeo, estadísticas y otros contenidos facilitados a través de alguno de los medios indicados anteriormente
(conjuntamente, “Contenido”). Todas las funciones nuevas que se añadan al Servicio o sirvan para ampliarlo también estarán sujetas a estas CDS.
3. Condiciones generales/acceso y uso del Servicio.
3.1 De conformidad con los términos y condiciones de estas CDS, solamente podrá acceder al Servicio y utilizarlo con fines lícitos. Todos los derechos, la titularidad y los intereses relacionados con el Servicio y sus componentes seguirán siendo propiedad exclusiva de RiseSmart. Usted no podrá (ni permitirá a ningún tercero)
(a)copiar, reproducir, modificar, eliminar, distribuir, descargar, almacenar, transmitir, publicar, crear un trabajo derivado, utilizar técnicas de ingeniería inversa, desensamblar o intentar, directa o indirectamente, descubrir el código fuente, vender, sublicenciar, revender, alquilar, arrendar, transferir, ceder, compartir el Servicio temporalmente, explotar comercialmente el Servicio o ponerlo a disposición de un tercero;
(b)utilizar el Servicio de manera ilegal (por ejemplo, de modo que infrinja cualquier ley de control de exportaciones, privacidad o protección de datos) o de manera que interfiera o altere la integridad o el rendimiento del Servicio o sus componentes,
(c)modificar, adaptar o hackear el Servicio, o intentar acceder de manera no autorizada al Servicio o a sus sistemas o redes relacionados; o
(d)utilizar cualquier Contenido de otros sitios web o medios (por ejemplo, un entorno de red). Usted deberá cumplir con los códigos de conducta, las políticas y demás avisos que RiseSmart le proporcione o publique en relación con el Servicio, y notificará puntualmente a RiseSmart si descubre que se ha cometido una infracción de seguridad relacionada con el Servicio. Además, cuando utilice determinados servicios, estará sujeto a cualquier condición adicional aplicable a estos que se publique ocasionalmente en el Servicio, incluida, entre otras, la Política de privacidad de RiseSmart.
3.2 Cualquier software que facilite RiseSmart en relación con el Servicio (“Software”) contiene información confidencial y exclusiva protegida por las leyes de propiedad intelectual y demás leyes aplicables. De conformidad con los términos y condiciones de estas CDS, RiseSmart le concede en virtud del presente un derecho y una licencia personales, intransferibles, no sublicenciables y no exclusivos para utilizar el código objeto de cualquier Software en un solo dispositivo en lo relacionado exclusivamente con el Servicio. Usted se compromete a no acceder al Servicio a través de un medio distinto de la interfaz que RiseSmart proporciona para acceder al Servicio. Todos los derechos no concedidos de manera expresa en virtud de este documento quedan reservados y no se le concederá ninguna licencia ni derecho para utilizar ninguna marca comercial de RiseSmart o de terceros en relación con el Servicio.
3.3 Usted es el único responsable de todos los datos, información, comentarios, sugerencias, texto, contenido y demás materiales que cargue, publique, entregue, proporcione, transmita o almacene (en adelante, “transmisión”) en relación con el Servicio (“su Contenido”). En virtud del presente documento afirma y garantiza que el Contenido que transmita con respecto al Servicio
- es preciso, verdadero, legal, decente, honesto y completo (incluidos, sin limitación, los aspectos relacionados con su currículum, sus datos biográficos e información laboral, si está utilizando el Servicio para la búsqueda de empleo o el desarrollo de su carrera profesional) y
- está libre de errores, gusanos o virus. Usted acepta que es posible que RiseSmart elimine su Contenido del Servicio si considera que ha incumplido la disposición anterior o de conformidad con otras disposiciones de estas CDS. Usted es responsable de mantener la confidencialidad de sus datos de inicio de sesión, su contraseña y su cuenta en todas las actividades que se desarrollen durante su sesión o con su cuenta. RiseSmart se reserva el derecho de acceder a su cuenta para responder a sus solicitudes de asistencia técnica. Mediante la transmisión de su Contenido en el Servicio o a través de este, usted concede en virtud del presente documento a RiseSmart una licencia mundial, no exclusiva,
perpetua, irrevocable, sin regalías, completamente pagada, sublicenciable y transferible para utilizar, modificar, reproducir, distribuir, mostrar, publicar y representar su Contenido en relación con el Servicio. RiseSmart tiene el derecho, pero no la obligación, de filtrar o supervisar el Servicio, el Contenido o su Contenido. Asimismo, usted acepta que RiseSmart puede eliminar o desactivar cualquier Contenido en cualquier momento y por cualquier motivo (incluida, sin limitación, la remisión de reclamaciones o alegaciones de terceros o de autoridades relacionadas con dicho Contenido) o por ningún motivo en absoluto.
3.4 Usted entiende que el funcionamiento del Servicio, incluido su Contenido, puede no ser cifrado e implicar
(a)transmisiones a través de varias redes,
(b)cambios para cumplir y adaptarse a requisitos técnicos de redes o dispositivos de conexión,
(c)transmisiones a proveedores externos y socios de hospedaje de RiseSmart para proporcionar el hardware, el software, la red, el almacenamiento y la tecnología relacionada que son necesarios para utilizar y mantener el Servicio y
(d)transmisiones a otros terceros en relación con la distribución del Servicio. Por consiguiente, reconoce que la responsabilidad de mantener la seguridad, la protección y las copias de seguridad adecuadas de su Contenido recae exclusivamente en usted. RiseSmart no tendrá ninguna responsabilidad ante usted por el uso o acceso no autorizado de su Contenido o por cualquier daño, eliminación, destrucción o pérdida de su Contenido.
3.5 Asimismo, si busca empleo u oportunidades de desarrollo profesional, acepta aplicar su propio criterio, medidas de precaución y sentido común para gestionar las ofertas de empleo y demás información que se ofrezca a través del Servicio, y asumir todos los riesgos derivados de utilizar o confiar en el Contenido (incluida cualquier oferta, recomendación u orientación profesional) proporcionado a través del Servicio.
3.6 En caso de que RiseSmart no logre ejercer ni aplicar algún derecho o disposición
de estas CDS, ello no supondrá una renuncia a ese derecho. Usted reconoce que estas CDS son un contrato entre usted y RiseSmart, aunque estén en formato electrónico y no estén firmadas físicamente por usted y RiseSmart, que rigen su uso del Servicio y que tienen prioridad sobre acuerdos similares anteriores establecidos entre usted y RiseSmart.
3.7 Usted reconoce que una empresa cliente de RiseSmart puede contratar a RiseSmart para ayudar a
(a)los empleados actuales y/o anteriores de la empresa cliente que hayan cesado o vayan a cesar su relación laboral con esta en su búsqueda de empleo a través del Servicio (“Asistencia para la recolocación laboral”) o a
(b)los empleados actuales de la empresa cliente a encontrar oportunidades de desarrollo profesional a través del Servicio (“Asistencia para el desarrollo profesional”),((a) y (b)conjuntamente, “Compromisos con la empresa cliente”). Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en la recolocación laboral, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con la búsqueda de empleo, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera individual o de manera global. Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en el desarrollo profesional, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con la búsqueda de empleo o el desarrollo profesional, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera global. Consulte la Política de privacidad de RiseSmart para obtener más información acerca de la recopilación, el uso y el intercambio por RiseSmart de la información proporcionada por usted y empresas cliente en relación con los Compromisos con la empresa cliente.
3.8 Si está utilizando el Servicio de conformidad con un Compromiso con una empresa cliente, reconoce que el Servicio proporcionado no deberá superar el ámbito, la duración u otros límites de dicho Compromiso con la empresa cliente en virtud del cual se le concede acceso al Servicio.
3.9 Usted acepta que RiseSmart
(a)puede establecer prácticas generales y límites relacionados con el uso del Servicio, incluidos, sin limitación, el período de tiempo máximo por el que el Servicio puede conservar el Contenido o cualquier parte de su Contenido y el espacio de almacenamiento máximo que se asignará en su nombre,
- RiseSmart no asume ninguna responsabilidad por la eliminación o la incapacidad de almacenar Contenido o cualquier parte de su Contenido que se cargue o mantenga en el Servicio y
- podrá conservar el Contenido y cualquier parte de su Contenido, además de revelarlos si así lo exige la ley o si cree de buena fe que dicha conservación o revelación es necesaria para:
(i)cumplir con procesos legales, leyes aplicables o solicitudes gubernamentales;
(ii)hacer cumplir estas CDS;
(iii)responder a reclamaciones conforme a las cuales el Contenido o cualquier parte de su Contenido infringen los derechos de terceros; o
(iv)proteger los derechos, la propiedad o la seguridad personal de
RiseSmart, sus usuarios y el público. Asimismo, usted acepta que RiseSmart puede eliminar o deshabilitar cualquier Contenido o parte de su Contenido en cualquier momento y por cualquier motivo (incluida, sin limitación, la remisión de reclamaciones o alegaciones de terceros o de autoridades relacionadas con dicho Contenido o su Contenido) o por ningún motivo en absoluto.
- Pago.
En la medida en que el Servicio o parte de este se proporcione a cambio de alguna tarifa (que no sea abonada por una empresa cliente de RiseSmart), se le solicitará que seleccione un plan de pago y proporcione información a RiseSmart relacionada con su tarjeta de crédito u otro instrumento de pago. Usted afirma y garantiza a RiseSmart que dicha información es verdadera y que está autorizado a utilizar dicho instrumento de pago. Usted deberá actualizar puntualmente la información de su cuenta en cuanto se produzca alguna modificación (por ejemplo, un cambio en la dirección de facturación o en la fecha de caducidad de la tarjeta de crédito). Usted acepta pagar a RiseSmart la cantidad especificada en el plan de pago conforme a los términos de dicho plan y de estas CDS. En virtud del presente documento, usted autoriza a RiseSmart a cargar todos los cobros en su instrumento de pago por adelantado y de manera periódica, de conformidad con los términos del plan de pago aplicable, hasta que se cancele su cuenta, y se compromete a abonar todos los pagos contraídos. Si desea rebatir algún pago, deberá notificárselo a RiseSmart en el plazo de sesenta (60) días a contar desde la fecha de facturación de RiseSmart. RiseSmart se reserva el derecho a cambiar sus precios en cualquier momento. Si RiseSmart desea cambiar sus precios, deberá publicar un aviso del cambio en el Sitio web o enviarle un correo electrónico, a criterio de RiseSmart, con un período de antelación de 30 días respecto a la fecha en que se produzca el cambio. Si sigue utilizando el Servicio después de que se haga efectivo el cambio de precios, significará que acepta pagar el nuevo importe. En caso de que esté utilizando el Servicio conforme a un Compromiso con una empresa cliente, a dicha empresa se le cobrará el paquete de Servicio específico que haya autorizado a RiseSmart para proporcionárselo a usted.
- Declaraciones y garantías.
En lo relacionado con su uso, usted se compromete a no infringir ninguna normativa, regulación o estatuto local, estatal y federal de ninguna jurisdicción, incluidas, entre
otras, las leyes y normativas de exportación de Estados Unidos, las leyes antidiscriminación o de igualdad de oportunidades en el acceso al empleo; a no infringir ningún derecho de propiedad intelectual y privacidad, incluidos, entre otros, patentes, derechos de autor, marcas comerciales o secretos comerciales de terceros; a no cargar, publicar, transmitir o almacenar materiales ilegales, ofensivos, difamatorios, fraudulentos, engañosos, confusos, dañinos, amenazantes, intimidatorios, obscenos u objetables; a no incumplir sus obligaciones contractuales o de confidencialidad; a no alterar o interferir en las operaciones normales del Servicio, por ejemplo, mediante la publicación o transmisión de virus, gusanos, scripts, macros o códigos dañinos de cualquier tipo, la publicación continua de materiales repetitivos o la publicación de cantidades anormalmente grandes de datos; a no realizar actividades no permitidas por RiseSmart, como la promoción no autorizada de materiales, el envío de materiales promocionales no solicitados, “correo basura”, “spam”, “cartas en cadena”, estafas piramidales, acuerdos de franquicia o distribución, suscripción a clubes, acuerdos de ventas y demás materiales inaceptables; a no infringir los derechos de privacidad o personales de los demás haciendo un uso inadecuado del Servicio, como, por ejemplo, intimidar o acosar a otra persona, enviar correos electrónicos no deseados o recopilar información personal de otros usuarios; a no traspasar o intentar traspasar las medidas de seguridad del Servicio; a no utilizar ningún dispositivo, proceso o mecanismo para supervisar, recuperar, realizar búsquedas u obtener acceso al Servicio, por ejemplo, mediante un spider o un robot, sin el consentimiento previo por escrito de RiseSmart; a no acceder o intentar acceder a una cuenta o datos de inicio de sesión de un tercero que figure en el Servicio; a no publicar o enviar información imprecisa, falsa o incompleta, como su currículum, sus datos biográficos o su información laboral; a no hacerse pasar por otra persona o entidad; a no falsificar información de encabezados de publicaciones electrónicas o correos; a no dar una imagen falsa sobre usted, su afiliación a un tercero o su entidad.
6. Cancelación.
Tiene derecho a cancelar su cuenta en cualquier momento, según a los procedimientos establecidos en el Sitio o facilitados por separado, según corresponda. Si está utilizando el Servicio conforme a un Compromiso con una empresa cliente, reconoce que su acceso a dicho Servicio caducará una vez superada la fecha de terminación o tras la cancelación de dicho compromiso. RiseSmart se reserva el derecho de
(i)modificar o suspender el Servicio (o cualquier parte de este) de manera temporal o permanente y
(ii)rechazar todos los usos actuales o futuros del Servicio, suspender o cancelar su cuenta (y cualquier parte de esta) o utilizar el Servicio y eliminar y descartar cualquier parte de su Contenido en el Servicio por el motivo que sea, como, por ejemplo, si RiseSmart cree que ha infringido estas CDSS. RiseSmart no tendrá responsabilidad alguna ante usted ni ante ningún tercero por la modificación, suspensión o interrupción del Servicio.
RiseSmart tomará todas las medidas necesarias para ponerse en contacto con usted antes de suspender o cancelar su cuenta. RiseSmart podrá eliminar permanentemente todo su Contenido del Servicio (si dispone de alguno) tras la cancelación de su cuenta a su entera discreción. Si RiseSmart cancela su cuenta sin motivo alguno y se ha registrado a cambio del pago de una tarifa de servicio si corresponde (exclusivo de un compromiso con una empresa cliente), RiseSmart reembolsará la parte prorrateada y no ofrecida en el Servicio de todas las cantidades que haya abonado previamente por este. No obstante, todos los derechos de pago devengados y las condiciones de la Sección 4-12 continuarán en vigencia tras la finalización de estas CDS.
7. EXENCIÓN DE RESPONSABILIDAD.
EL SERVICIO, EL SITIO, EL CONTENIDO (INCLUIDOS, ENTRE OTROS, LOS ANÁLISIS, LAS RECOMENDACIONES, LAS OPORTUNIDADES DE DESARROLLO PROFESIONAL Y LAS OFERTAS DE EMPLEO) Y TODOS LOS COMPONENTES DEL SERVIDOR Y DE LA
RED SE PROPORCIONAN «TAL CUAL» Y «EN FUNCIÓN DE LA DISPONIBILIDAD», SIN GARANTÍA DE NINGÚN TIPO, Y RISESMART RENUNCIA DE MANERA EXPRESA A OFRECER GARANTÍA ALGUNA, EXPRESA O IMPLÍCITA, INCLUIDAS, ENTRE OTRAS, A LAS GARANTÍAS IMPLÍCITAS DE COMERCIABILIDAD, TITULARIDAD, ADECUACIÓN A UN FIN EN PARTICULAR Y NO INFRACCIÓN. USTED RECONOCE QUE RISESMART NO GARANTIZA QUE EL SERVICIO SE PROPORCIONE SIN INTERRUPCIONES, DE MANERA PUNTUAL, SEGURA, SIN ERRORES O VIRUS Y QUE NINGUNA INFORMACIÓN, ASESORAMIENTO O SERVICIO OBTENIDO POR USTED DE RISESMART O A TRAVÉS DEL SERVICIO CONSTITUIRÁ GARANTÍA ALGUNA QUE NO SE HAYA ESTABLECIDO DE MANERA EXPRESA EN ESTAS TOS. SIN PERJUICIO DE LO ESTABLECIDO ANTERIORMENTE, SI ESTÁ BUSCANDO EMPLEO O UNA OPORTUNIDAD DE DESARROLLO PROFESIONAL,
(A)RECONOCE Y ACEPTA QUE LAS OFERTAS DE TRABAJO QUE RISESMART PUEDA PUBLICAR EN SU CUENTA SE RECIBEN DE TERCEROS SIN INVESTIGACIÓN PREVIA DE NINGÚN TIPO Y
(B) RISESMART NO GARANTIZA QUE LAS OFERTAS DE TRABAJO U OTRA INFORMACIÓN SEAN PRECISAS O LEGÍTIMAS, QUE USTED VAYA A TENER ÉXITO A LA HORA DE ENCONTRAR TRABAJO O UNA OPORTUNIDAD DE DESARROLLO PROFESIONAL GRACIAS AL USO DEL SERVICIO, O QUE CUALQUIER OFERTA DE EMPLEO O DESARROLLO PROFESIONAL QUE ENCUENTRE AL UTILIZAR EL SERVICIO SE ADAPTE A SUS NECESIDADES O RESULTE ADECUADA PARA USTED.
RiseSmart no será responsable bajo ninguna circunstancia por ningún contenido o material de terceros (incluidos usuarios), incluidos errores u omisiones en cualquier contenido, ni por ninguna pérdida o daño de ningún tipo que se produzca como resultado del uso de dicho contenido. Usted reconoce que RiseSmart no filtra previamente el contenido, pero que tanto RiseSmart como sus personal designado tendrán derecho (pero no la obligación), a su entera discreción, de rechazar o eliminar el contenido disponible a través del Servicio. Usted se compromete a evaluar y asumir todos los riesgos asociados con el uso del contenido, incluida su confianza en la
precisión, integridad o utilidad de dicho contenido.
8. LIMITACIÓN DE LA RESPONSABILIDAD.
8.1 RISESMART NO SERÁ RESPONSABLE BAJO NINGUNA CIRCUNSTANCIA NI FUNDAMENTO JURÍDICO (YA SEA POR CONTRATO, RESPONSABILIDAD EXTRACONTRACTUAL, ETC.) ANTE USTED O UN TERCERO POR
- NINGÚN DAÑO INDIRECTO, ACCIDENTAL, ESPECIAL, EJEMPLAR, CONSECUENTE O PUNITIVO, COMO LA PÉRDIDA DE BENEFICIOS, DE VENTAS O DE ACTIVIDAD EMPRESARIAL, LA PÉRDIDA DE DATOS O LA INTERRUPCIÓN DE LA ACTIVIDAD EMPRESARIAL, NI POR
- NINGÚN DAÑO DIRECTO, COSTE, PÉRDIDA O RESPONSABILIDAD QUE
SUPERE LAS TARIFAS EFECTIVAMENTE ABONADAS POR USTED DURANTE LOS SEIS (6)MESES ANTERIORES AL QUE HAYA DADO LUGAR A SU RECLAMACIÓN O, SI NO SE APLICAN TARIFAS, CIEN (100 $) DÓLARES ESTADOUNIDENSES.EN LAS DISPOSICIONES DE ESTA SECCIÓN SE REPARTEN LOS RIESGOS DERIVADOS DE ESTAS CDS ENTRE LAS PARTES Y ESTAS HAN CONFIADO EN LAS LIMITACIONES ESTABLECIDAS A LA HORA DE DETERMINAR SI FIRMAN ESTAS CDS.
8.2 Algunos estados no permiten la exención de responsabilidad, la exclusión de
garantías implícitas ni la limitación de la responsabilidad por daños accidentales o consecuentes, lo cual implica que es posible que algunas de las limitaciones anteriores de las secciones 7 (Exención de responsabilidad) y 8 (Limitación de la responsabilidad) no se apliquen a su caso.EN ESTOS ESTADOS, LA RESPONSABILIDAD DE RISESMART SE LIMITARÁ AL LÍMITE MÁXIMO PERMITIDO POR LA LEY.SI USTED ES UN USUARIO DE NUEVA JERSEY, LAS SECCIONES 7 (EXENCIÓN DE RESPONSABILIDAD) Y 8 (LIMITACIÓN DE LA RESPONSABILIDAD) SE INTERPRETARÁN EN EL ALCANCE MÁXIMO QUE PERMITA LA LEGISLACIÓN DE NUEVA JERSEY.SI ALGUNA PARTE DE ESTAS SECCIONES SE CONSIDERA NO VÁLIDA
DE CONFORMIDAD CON LA LEGISLACIÓN DE NUEVA JERSEY, LA INVALIDEZ DE DICHA PARTE NO AFECTARÁ A LA VALIDEZ DE LAS DEMÁS PARTES DE LA SECCIÓN CORRESPONDIENTE.
- Indemnización.
Usted deberá defender, indemnizar y exonerar a RiseSmart frente a toda reclamación, acción o demanda, incluidas, entre otras, las costas legales y contables razonables que se deriven del incumplimiento de estas CDS, de su Contenido, de su acceso o contribución al Servicio, o del uso o uso indebido de este. RiseSmart le enviará una notificación sobre dicha reclamación, denuncia o demanda. RiseSmart se reserva el derecho a asumir la defensa y el control exclusivos de cualquier asunto sujeto a indemnización de conformidad con esta sección. En tal caso, acepta cooperar con cualquier solicitud razonable para ayudar a RiseSmart en la defensa de dicho asunto. Sin perjuicio de lo anterior, usted no tendrá obligación alguna de indemnizar, defender ni exonerar a RiseSmart ante reclamaciones, acciones o demandas derivadas de acciones u omisiones por parte de RiseSmart.
- Cesión.
Usted no podrá ceder estas CDS sin el consentimiento previo por escrito de RiseSmart, pero es posible que RiseSmart ceda o transfiera estas CDS total o parcialmente sin restricción alguna.
- Legislación aplicable.
Estas CDS se regirán por las leyes del estado de California sin considerar los principios de conflictos de leyes. Salvo en los casos particulares en que RiseSmart decida lo contrario, en virtud del presente documento, usted acepta quedar sujeto de manera expresa a la jurisdicción personal exclusiva de los tribunales federales y estatales del estado de California con el fin de resolver cualquier disputa relacionada
con el acceso al Servicio o su uso.
12. DMCA.
La Ley sobre Derechos de Autor en el Milenio Digital («DMCA») de 1998 ofrece a los propietarios de derechos de autor recursos legales en caso de que un material que aparece en Internet infrinja sus derechos de conformidad con la Ley estadounidense de derechos de autor. RiseSmart procesará e investigará puntualmente todos los avisos de supuestas infracciones y llevará a cabo las acciones correspondientes de conformidad con la DMCA y otras leyes de propiedad intelectual aplicables en relación con cualquier infracción supuesta o real. Las notificaciones sobre reclamaciones por infracciones de derechos de autor se deben enviar por correo electrónico al agente de derechos de autor de RiseSmart, a la dirección user.support@risesmart.com (línea de asunto: “Solicitud de retirada conforme a la DMCA”). También puede ponerse en contacto con RiseSmart mediante correo electrónico a través de la dirección:
Atención: Agente de derechos de autor
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
Aviso: Para que resulte efectiva, la notificación debe enviarse por escrito y contener la siguiente información:
una firma física o electrónica de la persona autorizada para actuar en nombre del propietario de los derechos de autor o de otros intereses de propiedad intelectual;
una descripción de la obra protegida mediante derechos de autor u otra
propiedad intelectual respecto de las cuales reclama una infracción;
una descripción de la ubicación del Sitio en la que se encuentra el material respecto del cual reclama una infracción, con información suficiente para
que RiseSmart pueda encontrarla en el Sitio;
su dirección, número de teléfono y dirección de correo electrónico
una declaración suya conforme cree de buena fe que el uso objeto de disputa no está autorizado por el propietario de los derechos de autor o de la propiedad intelectual, su agente o la legislación pertinente;
una declaración suya, realizada bajo pena de perjurio, de que la información especificada en su aviso es precisa y que usted es el propietario de la propiedad intelectual o los derechos de autor, o que está autorizado para actuar en nombre de dicho propietario.
13.1. Aplicaciones de software compatibles con Apple.
RiseSmart ofrece aplicaciones de Software diseñadas para utilizarse con productos comercializados por Apple In. (“Apple”), entre otras plataformas. En relación con el Software facilitado para utilizarse con un producto de marca Apple (“Software compatible con Apple”), además de los demás términos y condiciones establecidos en estas CDS, se aplicarán los siguientes términos y condiciones:
RiseSmart y usted reconocen que estas CDS se han formalizado entre ambas partes únicamente y no con Apple, y que entre RiseSmart y Apple, es RiseSmart y no Apple la única responsable del Software compatible con Apple y del contenido correspondiente.
Usted no podrá utilizar el Software compatible con Apple de modo que infrinja o no cumpla con las normas de uso establecidas para este, o que entre en conflicto con las Condiciones de servicio de la Apple Store.
Su licencia para utilizar el Software compatible con Apple está limitada a una licencia intransferible para utilizar dicho software en un producto iOS de su propiedad o controlado por usted, de conformidad con las normas de uso
establecidas en las Condiciones de servicio de la App Store.
Apple no tiene ninguna obligación de proporcionar servicios de mantenimiento o asistencia para el Software compatible con Apple.
Apple no será responsable de ninguna garantía de producto, ya sea expresa o establecida por ley. En caso de que el Software compatible con Apple no cumpla con una garantía aplicable, podrá notificarle dicha circunstancia a Apple y Apple le reembolsará el precio de compra del Software compatible con Apple, si ha abonado alguno, y en el alcance máximo permitido por la ley aplicable, Apple no tendrá ninguna otra obligación de prestación de garantía con respecto al Software compatible con Apple, ni con ninguna otra reclamación, pérdida, responsabilidad, daño, coste o gasto atribuible al incumplimiento de cualquier garantía, lo cual será responsabilidad exclusiva de RiseSmart, en la medida en que no se pueda renunciar a estas conforme a la legislación aplicable.
・ RiseSmart y usted reconocen que RiseSmart, y no Apple, es responsable de atender las reclamaciones que usted o un tercero presenten en relación con el Software compatible con Apple o con su posesión y/o uso de este, incluidas, entre otras, (i) reclamaciones por responsabilidades de responsabilidad civil por productos defectuosos; (ii) reclamaciones por la no conformidad del Software compatible con Apple con cualquier requisito legal o normativo aplicable; y (iii) reclamaciones derivadas de la legislación de protección al consumidor o leyes similares.
En caso de que un tercero reclame que el Software compatible con Apple o la posesión y el uso de este por el usuario final infringe los derechos de propiedad intelectual de dicho tercero, RiseSmart será el responsable exclusivo de la investigación, la defensa, el pago y liquidación de dicha reclamación por infracción de la propiedad intelectual.
Usted garantiza que (i) no reside en un país sujeto a un embargo por parte del Gobierno de Estados Unidos o que haya sido designado por este como un país
que “apoya el terrorismo”; y (ii)que no figura en ninguna lista de entidades prohibidas o restringidas por el Gobierno de Estados Unidos.
Si tiene alguna pregunta, queja o reclamación relacionada con el Software
compatible con Apple, deberá remitirla a RiseSmart a la siguiente dirección:
user.support@risesmart.com
RiseSmart, Inc.
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
San José, CA 95113
RiseSmart y usted reconocen y acuerdan que Apple y las filiales de Apple son terceras partes beneficiarias de estas CDS en lo relacionado con el Software compatible con Apple y que, tras su aceptación de los términos y condiciones de estas CDS, Apple tendrá derecho (y se considerará que ha aceptado el derecho) a hacer cumplir estas CDS ante usted con respecto al Software compatible con Apple como tercera beneficiaria de este.
14. Vínculos a otros sitios.
El Servicio puede contener vínculos a sitios web de terceros. Estos vínculos se proporcionan únicamente para comodidad del usuario y no a modo de respaldo de los contenidos de dichos sitios web de terceros por parte de RiseSmart. RiseSmart no es responsable del contenido de los sitios de terceros vinculados y no ofrece ninguna garantía relacionada con el contenido o la precisión de los materiales de dichos sitios web de terceros. Si decide acceder a sitios web de terceros vinculados mediante un enlace, lo hará bajo su cuenta y riesgo.
15. Dispositivos móviles.
Si utiliza el Servicio a través de un dispositivo móvil, acepta que se envíe a RiseSmart la información acerca de su uso del Servicio a través de su dispositivo móvil y operador, así como de su operador móvil, su dispositivo móvil o su ubicación física. Además, el uso del Servicio a través de un dispositivo móvil puede provocar que se muestren datos en y a través de su dispositivo móvil. Al acceder al Servicio mediante un dispositivo móvil, garantiza que en la medida en que importe sus datos de RiseSmart a su dispositivo móvil, está autorizado para compartir los datos transferidos con su operador móvil u otro proveedor de acceso. En caso de que cambie o desactive su dispositivo móvil/cuenta, deberá asegurarse de que su cuenta o cualquier mensaje relacionado (según corresponda) no se envíen a ningún tercero ni sean accesibles por este. De lo contrario, usted asumirá la responsabilidad. Usted reconoce que es responsable de abonar todos los cargos y de los permisos
necesarios relacionados con el acceso al Servicio a través de su dispositivo móvil y su proveedor. Por lo tanto, deberá consultar a su proveedor para obtener las condiciones de estos servicios para su dispositivo móvil específico. Al utilizar aplicaciones descargables para habilitar el uso del Servicio, confirma de manera explícita su aceptación de las condiciones del Contrato de licencia de usuario final asociado con la aplicación proporcionada tras la descarga o la instalación o cuando se actualice periódicamente.
Fecha de entrada en vigor: 18 de enero de 2019
Datenschutzerklärung Spotlight Participants
Effective July 17th 2024
DownloadTable of Contents
Datenschutzerklärung Randstad RiseSmart (Outplacement, Karriereberatung, Redeployment, Worklife Coaching) | Data Privacy Statement Randstad RiseSmart (Outplacement, Career Counseling, Redeployment, Worklife Coaching) | ||
Bei Randstad RiseSmart legen wir großen Wert auf den Schutz der persönlichen Privatsphäre aller Menschen, deren Daten wir erheben und verarbeiten. Wir behandeln und schützen diese Daten mit größter Sorgfalt. Wir tun alles, um die uns zur Verfügung gestellten Daten vor Verlust, Veröffentlichung, unbefugten Zugriff oder unsachgemäße Nutzung zu schützen. In dieser Datenschutzerklärung erläutern wir Ihnen, wer wir sind und warum wir Ihre persönlichen Daten benötigen, welche Daten wir zusammenstellen und wie lange wir sie speichern, an wen die Daten eventuell weitergegeben werden, Ihre Rechte und wie Sie sie geltend machen können. | At Randstad RiseSmart, we attach great importance to protecting the privacy of all people whose data we collect and process. We treat and protect this data with the utmost care. We do everything we can to protect the data provided to us from loss, publication, unauthorized access or improper use. This Data Privacy Statement explains who we are and why we need your personal data, what types of data we collect, for how long we store it, who the data may be shared with, your rights and how you can assert them. | ||
Diese Datenschutzerklärung ist für Sie bestimmt, wenn: Sie an einem Outplacement-/Karriereberatungs-/ Redeployment-Programm oder Worklife Coaching bei Randstad RiseSmart teilnehmen, nachdem Sie ein entsprechendes Angebot angenommen haben bei (der Beschäftigungseinheit von) Ihrem (früheren) Arbeitgeber. | This Data Privacy Statement is meant for you if: You are participating in an outplacement/career/redeployment counseling or worklife coaching with Randstad RiseSmart after having accepted a corresponding offer from (the employment unit of) your (former) employer. | ||
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Der Verantwortliche im Sinne der Datenschutz-Grundverordnung (DSGVO) und anderer nationaler Datenschutzgesetze der Mitgliedstaaten sowie sonstiger datenschutzrechtlicher Bestimmungen ist die: Randstad RiseSmart GmbH (nachfolgend Randstad RiseSmart) Kasernenstraße 49 40213 Düsseldorf Deutschland Fon: +49 211 55867-60 E-Mail: info@randstadrisesmart.de Unseren Datenschutzbeauftragten erreichen Sie unter datenschutz@randstadrisesmart.de oder unserer Postadresse mit dem Zusatz „Der Datenschutzbeauftragte“. | The Controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States as well as other data protection regulations is: Randstad RiseSmart GmbH (hereinafter referred to as: Randstad RiseSmart) Kasernenstraße 49 40213 Düsseldorf Germany Phone: +49 211 55867-60 E-mail: info@randstadrisesmart.de You can contact our Data Protection Officer at datenschutz@randstadrisesmart.de or via our postal address with the addition “Der Datenschutzbeauftragte”. | ||
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Wenn Sie uns personenbezogene Daten zur Verfügung stellen, sind Sie Betroffener i.S.d. DSGVO und es stehen Ihnen folgende Rechte gegenüber Randstad RiseSmart zu: ● Recht auf Auskunft, ● Recht auf Berichtigung oder Löschung, ● Recht auf Einschränkung der Verarbeitung, ● Recht auf Widerspruch gegen die Verarbeitung, ● Recht auf Datenübertragbarkeit. Ihre Rechte machen Sie uns gegenüber bitte unter Verwendung der E-Mail-Anschrift datenschutz@randstadrisesmart.de geltend. Sie haben zudem das Recht, sich bei einer Datenschutzaufsichtsbehörde über die Verarbeitung Ihrer personenbezogenen Daten durch uns zu beschweren. | If you provide us with personal data, then you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis Randstad: ● Right to obtain information, ● Right of rectification or deletion, ● Right to restrict processing, ● Right to object to processing, ● Right to data portability. Please exercise your rights vis-à-vis us using the e-mail address datenschutz@randstadrisesmart.de. You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us. | ||
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Wenn Sie unsere Website betrachten möchten, erheben wir die folgenden Daten: (1) Informationen über Browsertyp und die verwendete Sprache sowie Version (2) Ihr Betriebssystem und Displayauflösung (3) Ihren Internet-Service-Provider (4) Ihre IP-Adresse (5) Datum und Uhrzeit Ihres Zugriffs (6) Zeitzonendifferenz zur Greenwich Mean Time (GMT) (7) Inhalt der Anforderung (konkrete Seite) (8) Zugriffsstatus/HTTP-Statuscode (9) jeweils übertragene Datenmenge (10) Websites, von denen Sie auf unsere Internetseite gelangt sind. Wenn Sie einen Benutzer-Account für unsere Website besitzen, werden diese Daten zusammen mit den Daten gespeichert, die Sie uns zur Verfügung gestellt haben. | If you wish to view our website, we collect the following data: (1) Information about the browser type and the language and version used (2) Your operating system and display resolution (3) Your Internet service provider (4) Your IP address (5) The date and time you accessed the website (6) Time zone difference from Greenwich Mean Time (GMT) (7) The content of the request (specific page) (8) Your access status / HTTP status code (9) Data volume transferred in each case (10) Websites from which you have reached our website. If you have a user account for our website, this data will be stored together with the data you have provided to us. | ||
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Diese Daten sind für uns technisch erforderlich, um Ihnen unsere Website anzuzeigen und die Stabilität und Sicherheit zu gewährleisten. Rechtsgrundlage ist Art. 6 Abs. 1 S. 1 lit. f DSGVO. | This data is technically necessary for us to display our website to you and to ensure stability and security. The legal basis is Art. 6 para. 1 sentence 1 f GDPR. | ||
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Diese Daten werden gelöscht, sobald Sie unsere Dienstleistungen nicht mehr in Anspruch nehmen. | This data will be deleted when you cease to use our services. | ||
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Unsere Website verwendet Cookies. Bei Cookies handelt es sich um Textdateien, die im Internetbrowser bzw. vom Internet Browser auf dem Computersystem des Nutzers gespeichert werden. Ruft ein Nutzer eine Website auf, so kann ein Cookie auf dem Computersystem des Nutzers gespeichert werden. Dieser Cookie enthält eine charakteristische Zeichenfolge, die eine eindeutige Identifizierung des Browsers beim erneuten Aufrufen der Website ermöglicht. Cookies dienen dazu, das Internetangebot insgesamt nutzerfreundlicher und effektiver zu machen. | Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s computer system . This cookie contains a unique string of characters that enables the browser to be uniquely identified when the website is accessed again. Cookies are used to make the website more user-friendly and effective. | ||
Unbedingt erforderliche Cookies | Strictly necessary cookies | ||
Diese Cookies sind unerlässlich, damit Sie sich auf der Website bewegen und deren Funktionen nutzen können, z. B. um auf sichere Bereiche der Website zuzugreifen. Ohne diese Cookies können die von Ihnen angeforderten Dienste wie die Anmeldung oder das Ausfüllen von Formularen nicht genutzt werden. Über Ihren Browser können Sie diese Cookies blockieren, allerdings können Sie dann nicht den vollen Funktionsumfang der Website nutzen. Diese Cookies speichern keinerlei personenbezogene Informationen. Sie können die gesetzten Cookies zudem über den eingesetzten Browser löschen. | These cookies are essential in order to enable you to move around the website and use its features, e.g. accessing secure areas of the website. Without these cookies, the services you have requested, such as logging in or filling out forms, cannot be used. You can block these cookies via your browser, but then you will not be able to use the full functionality of the website. These cookies do not store any personal information. You can also delete the cookies set via your browser. |
Verwendete Cookies:
Cookies used:
Cookie | Domäne Domain | Beschreibung Description | Lebensdauer Lifespan |
OptanonConsent | apps.risesmart.de | Dieses Cookie wird von der Cookie-Compliance-Lösung von OneTrust gesetzt. Es speichert Informationen über die Kategorien von Cookies, die die Website verwendet, und darüber, ob Besucher ihre Zustimmung zur Verwendung der einzelnen Kategorien gegeben oder zurückgezogen haben. Dies ermöglicht es den Eigentümern der Website zu verhindern, dass Cookies in jeder Kategorie im Browser des Benutzers gesetzt werden, wenn keine Zustimmung erteilt wird. Das Cookie hat eine normale Lebensdauer von einem Jahr, so dass die Präferenzen von wiederkehrenden Besuchern wiedererkannt werden. Es enthält keine Informationen, die den Website-Besucher identifizieren können. This cookie is set by OneTrust’s cookie compliance solution. It stores information about the categories of cookies used by the website and whether visitors have given or withdrawn their consent to the use of each category. This allows the owners of the website to prevent cookies from being set in each category in the user’s browser if consent has not been given. The cookie has a default lifespan of one year to allow preferences of returning visitors to be recognized. It does not contain any information that would allow the website visitor to be identified. | 1 Jahr 1 year |
OptanonAlertBoxClosed | apps.risesmart.de | Dieses Cookie wird von Websites gesetzt, die bestimmte Versionen der Cookie-Compliance Lösung von OneTrust verwenden. Es wird gesetzt nachdem Besucher einen Cookie-Informationshinweis gesehen haben und in einigen Fällen nur, wenn sie den Hinweis aktiv schließen. Es ermöglicht es der Website, die Mitteilung einem Benutzer nur einmal anzuzeigen. Das Cookie hat eine Lebensdauer von einem Jahr und enthält keine persönlichen Informationen. This cookie is set by websites that use certain versions of OneTrust’s cookie compliance solution. It is set after visitors have seen a cookie information notice and in some cases only when they actively close the notice. It enables the website to display the message to a user only once. The cookie has a lifespan of one year and does not contain any personal information. | 1 Jahr 1 year |
JSESSIONID | apps.risesmart.de | Das Cookie JSESSIONID wird von J2EE Web Anwendungen zum Session-Tracking verwendet. The JSESSIONID cookie is used by J2EE web applications for session tracking. | Dauer der Session Duration of the session |
AWSELB | apps.risesmart.de | Das Cookie AWSELB wird verwendet, um die Web-Session auf der jeweilige Instanz abzubilden (Lastverteilung). The AWSELB cookie is used to map the web session on its respective instance (load balancing). | Dauer der Session Duration of the session |
locale_cookie | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. app_locale and locale_cookie are application cookies of the RiseSmart Torch application which allow to identify a user’s preferred locales. | 1 Tag 1 day |
app_locale | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. app_locale and locale_cookie are application cookies of the RiseSmart Torch application which allow to identify a user’s preferred locales. | 1 Tag 1 day |
Performance Cookies | Performance cookies |
Performance Cookies erlauben uns die Besuche auf unserer Website zu erfassen und deren Ursprung. Wir nutzen diese Informationen, um die Performance unserer Website zu verbessern. Wir können dadurch herausfinden, welche Seiten häufiger oder seltener genutzt werden. Alle Informationen, die diese Cookies sammeln, werden aggregiert und sind somit anonym. Wenn Sie diese Cookies nicht zulassen, sind wir nicht in der Lage festzustellen, wann Sie unsere Website besuchen und wir können deren Performance nicht messen. | Performance cookies allow us to record visits to our website and their origin. We use this information to improve the performance of our website. This allows us to find out which pages are used more or less frequently. All information collected by these cookies is aggregated and therefore anonymous. If you do not allow these cookies, we will not be able to determine when you visit our website and we will not be able to measure its performance. |
Verwendete Cookies:
Cookies used:
Cookie | Domäne Domain | Beschreibung Description | Lebensdauer Lifespan |
_gid | apps.risesmart.de | Dieses Cookie ist mit Google Universal Analytics verknüpft. Es speichert und aktualisiert einen eindeutigen Wert für jede besuchte Seite. This cookie is linked to Google Universal Analytics. It stores and updates a unique value for each page visited. | 1 Tag 1 day |
_ga | apps.risesmart.de | Dieses Cookie von Google Universal Analytics wird verwendet, um eindeutige Nutzer zu unterscheiden, indem eine zufällig generierte Zahl als Kundenidentifikator zugewiesen wird. Es ist in jeder Seitenanforderung auf einer Website enthalten und wird zur Berechnung von Besucher-, Sitzungs- und Kampagnendaten für die Analyseberichte der Websites verwendet. Standardmäßig ist es so eingestellt, dass es nach 2 Jahren abläuft. This Google Universal Analytics cookie is used to distinguish unique users by assigning a randomly generated number as a customer identifier. It is included in every page request on a website and is used to calculate visitor, session and campaign data for the websites’ analytics reports. By default, it is set to expire after 2 years. | 2 Jahre 2 years |
_gat | apps.risesmart.de | Dieses Cookie wird von Google Universal Analytics genutzt und zur Drosselung der Anforderungsrate verwendet, wodurch die Datenerfassung auf stark frequentierten Websites eingeschränkt wird. Dieses Cookie läuft nach 10 Minuten ab. This cookie is used by Google Universal Analytics and serves to throttle the request rate, which limits data acquisition on high-traffic websites. This cookie expires after 10 minutes. | 10 Minuten 10 minutes |
Funktionelle Cookies | Functional cookies |
Diese Cookies ermöglichen es der Website, erweiterte Funktionen und eine Personalisierung bereitzustellen. Sie können von uns oder von Drittanbietern festgelegt werden, deren Dienste wir unseren Seiten hinzugefügt haben. Wenn Sie diese Cookies nicht zulassen, funktionieren einige oder alle dieser Dienste möglicherweise nicht ordnungsgemäß. | These cookies enable the website to provide extended functions and personalization. They may be set by us or by third-party providers whose services we have added to our web pages. If you do not allow these cookies, some or all of these services may not function properly. |
Verwendete Cookies:
Cookies used:
Cookie | Domäne Domain | Beschreibung Description | Lebensdauer Lifespan |
appname_encrypteduserId_tenantId_appGroup | apps.risesmart.de | Dieses Cookie wird von der Anwendung erstellt, um den Status der Vertragsprozesse, unterstützt durch Pactsafe, zu verfolgen. This cookie is created by the application to track the status of the contract processes supported by Pactsafe. | 15 Tage 15 days |
Cookies für Marketingzwecke | Cookies for marketing purposes |
Diese Cookies werden entweder von uns oder durch unsere Marketingpartner gesetzt. Sie können von diesen Partnern genutzt werden, um Interessenprofile zu generieren und auf Sie zugeschnittene Werbung zu ermöglichen. Die Cookies speichern keine direkten personenbezogenen Informationen, basieren aber auf anderen eindeutigen Identifikatoren, wie Ihren Browser oder ihr Device. Wenn Sie diese Cookies nicht erlauben, wird die Werbung weniger zielgruppen-orientiert stattfinden. | These cookies are set either by us or by our marketing partners. They can be used by these partners to generate interest profiles and enable advertising tailored to you. The cookies do not store any direct personal information, but are based on other unique identifiers, such as your browser or your device. If you do not allow these cookies, advertising will be less target group-oriented. |
Verwendete Cookies:
Cookies used:
Cookie | Domäne Domain | Beschreibung Description | Lebensdauer Lifespan |
YSC | apps.risesmart.de | Dieses Cookie wird vom YouTube-Videodienst auf Seiten mit eingebettetem YouTube-Video gesetzt. This cookie is set by the YouTube video service on pages with an embedded YouTube video. | Dauer der Session Duration of the session |
test_cookie | apps.risesmart.de | Dieses Cookie wird von DoubleClick (eine Marke von Google) gesetzt, um festzustellen, ob der Browser des Website-Besuchers Cookies unterstützt. Dieses Cookie enthält Informationen darüber, wie der Endbenutzer die Website nutzt und welche Werbung der Endbenutzer vor dem Besuch der genannten Website gesehen hat. This cookie is set by DoubleClick (a Google brand) to determine whether the website visitor’s browser supports cookies. This cookie contains information about how the end user uses the website and which advertisements the end user has seen before visiting the said website. | N/A |
VISITOR_INFO1_LIVE | apps.risesmart.de | Das von YouTube gesetzte Cookie misst die Bandbreite, um festzustellen, ob Sie die neue oder die alte Player-Schnittstelle nutzen können. The cookie set by YouTube measures the bandwidth to determine whether you can use the new or the old player interface. | 240 Tage 240 days |
IDE | apps.risesmart.de | Das Cookie wird zur Optimierung der Werbung verwendet. In der Regel wird es genutzt, um die Werbung auf die für einen Benutzer relevanten Inhalte auszurichten, die Performance der Kampagne zu verbessern und Werbung zu vermeiden, die der Benutzer bereits gesehen hat. The cookie is used to optimize advertising. It is generally used to target advertising to content that is relevant to a user, to improve campaign performance and to avoid advertising that the user has already seen. | 13 Monate 13 months |
GPS | apps.risesmart.de | Dieses Cookie wird von YouTube genutzt, um Nutzerdaten über in Websites eingebettete Videos zu sammeln, die mit Profildaten aus anderen Google-Diensten aggregiert werden, um gezielte Werbung für Website-Besucher anzuzeigen. This cookie is used by YouTube to collect user data about videos embedded in websites, which is aggregated with profile data from other Google services to display targeted advertising to website visitors. | 30 Minuten 30 minutes |
DFTT_END_USER_PREV_BOOTSTRAPPED | apps.risesmart.de | Das Cookie wird von Drift platziert, um den letzten Besuch zu speichern. This cookie is set by Drift to save the last visit. | 2 Jahre 2 years |
driftt_aid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Benutzer-ID zu speichern. This cookie is set by Drift to save a unique user ID. | 2 Jahre 2 years |
driftt_sid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Sitzungs-ID zu speichern. This cookie is set by Drift to save a unique session ID. | 2 Jahre 2 years |
client-origin | apps.risesmart.de | Das Cookie wird von PayScale genutzt zur Bestimmung der Herkunft des Kunden. Mögliche Werte sind EU und Non-EU. The cookie is used by PayScale to determine the origin of the customer. Possible values are EU and Non-EU. | Dauer der Session Duration of the session |
ai_user | apps.risesmart.de | Das Cookie wird von PayScale genutzt und sammelt statistische Nutzungs- und Telemetrie Informationen zu Anwendungen. This cookie is used by PayScale and collects statistical usage and telemetry information about applications. | 1 Jahr 1 year |
_dc_gtm_* | apps.risesmart.de | Das Cookie stammt von PayScale. Es wird via Google Analytics genutzt und sammelt Informationen darüber, wie Payscale-Besucher die Payscale-Website nutzen. This cookie comes from PayScale. It is used via Google Analytics and collects information about how Payscale visitors use the Payscale website. | 2 Jahre 2 years |
_salarycalc-csrf | apps.risesmart.de | Das Session-Cookie dient dem CSRF-Schutz (Schutz vor einer Website-übergreifenden Anfragefälschung), erstellt von Payscale für die Funktion Gehaltsrechner. This session cookie is used for CSRF protection (protection against cross-site request forgery). It is created by Payscale for the salary calculator function. | Dauer der Session Duration of the session |
wm_load_* | apps.risesmart.de | Der WalkMe Player speichert Daten zur Aufrechterhaltung des WalkMe Player-Status, zur Überwachung der Zusammenstellung der Walk-Thru-Wiedergabe und zur Erfassung von Analysen. Zu diesem Zweck verwendet WalkMe First-Party-Cookies, Third-Party-Cookies (lokale Speicherung) und First-Party-Local-Speicher. Es werden keine persönlichen Daten gespeichert und keine Informationen über die Nutzung der Website durch die Nutzer überwacht. The WalkMe Player stores data to maintain the WalkMe Player status, monitor the Walk-Thru playback composition and collect analytics. For this purpose, WalkMe uses first-party cookies, third-party cookies (local storage) and first-party local storage. It does not store personal data and does not monitor information about the use of the website by users. | N/A |
Zweck und Rechtsgrundlage | Purpose and legal basis |
Der Zweck der technisch notwendigen Cookies ist, die Nutzung von Websites für die Nutzer zu vereinfachen. Die Verwendung von Analyse-Cookies erfolgt zu dem Zweck, die Qualität unserer Website und ihre Inhalte zu verbessern. Durch die Performance Cookies, die funktionellen Cookies und die Cookies für Marketingzwecke erfahren wir, wie die Website genutzt wird und können so unser Angebot stetig optimieren. Einige Funktionen unserer Internetseite können ohne den Einsatz von Cookies nicht angeboten werden. Für diese ist es erforderlich, dass der Browser auch nach einem Seitenwechsel wiedererkannt wird. In diesen Zwecken liegt auch unser berechtigtes Interesse in der Verarbeitung der personenbezogenen Daten nach Art. 6 Abs. 1 lit. f DSGVO (Rechtsgrundlage). | The purpose of technically necessary cookies is to simplify the use of websites for users. Analysis cookies are used for the purpose of improving the quality of our website and its content. Performance cookies, functional cookies and cookies for marketing purposes enable us to find out how the website is used, allowing us to constantly optimize our offering. Some functions of our website cannot be offered without the use of cookies. This requires the browser to be recognized even after navigating between pages. These purposes also constitute our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 f GDPR (Legal basis). |
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Wir erheben Ihre personenbezogenen Daten, sobald Sie diese auf unserer Website selbst eingeben oder Ihr früheres Unternehmen sie uns, Ihr Einverständnis vorausgesetzt, mitgeteilt hat. Dabei überträgt Ihr früheres Unternehmen lediglich Ihre Kontaktdaten (Name & E-Mail Adresse). Sie übermitteln uns zusätzlich Ihren Lebenslauf (CV). | We collect your personal data as soon as you enter it yourself on our website or your former company has provided it to us, provided you have given your consent. Your former company will only transfer your contact details (name and e-mail address). You send us your curriculum vitae (CV) in addition to this. |
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Wir verwenden Ihre personenbezogenen Daten zur Durchführung von Outplacement-, Karriere-, Redeployment-Beratungen oder Worklife Coachings. Genauer gesagt verwenden wir Ihre persönlichen Daten, um je nach vereinbarter Dienstleistung und, falls zutreffend, 1. einen Dienstleistungsvertrag mit Ihrem früheren, gegenwärtigen oder potenzieller Arbeitgeber abzuschließen; 2. um die mit Ihnen oder und/oder mit Ihren früheren, gegenwärtigen oder potenzieller Arbeitgeber vereinbarte Dienstleistung zu erbringen; 3. Ihnen Angebote zu unterbreiten und/oder Informationen über die vereinbarten Dienstleistungen, um diese besser auf Ihre Wünsche abstimmen zu können; 4. Ihre Kompetenzen zu evaluieren und/oder zu stärken und sie langfristig zu verbessern. Hierbei unterstützen Ergebnisse von Tests, die wir Ihnen zur Verfügung stellen (Persönlichkeitstests, Assessments, videogestützte Bewerbungstrainings); 5. Ihre persönliche Entwicklung zu fördern, indem Sie an Workshops bei Randstad RiseSmart teilnehmen; 6. Erfüllung der Managementziele, einschließlich der Bereitstellung von Managementinformationen, Durchführung interner Kontrollen zur Verhinderung von Betrug und zur Durchführung von internen und/oder externen Audits; 7. sofern wir rechtliche Verpflichtungen einhalten und nachweisen müssen; 8. Ihnen die Nutzung der Randstad RiseSmart-Technologie (Spotlight und alle zugehörige Software) zu ermöglichen, sofern gewünscht; 9. Wir teilen Ihren Lebenslauf / Profil mit verbundenen Unternehmen des Randstad Konzerns zur Vorstellung des Profils bei ausgewählten Kundenunternehmen; | We use your personal data to carry out outplacement/career/redeployment counseling or worklife coaching. More specifically, we use your personal data in order to perform the following activities, depending on the agreed service, and if applicable: 1. Enter into a service contract with your former, current or potential employer; 2. render the service agreed with you and/or your former, current or potential employer; 3. provide you with offers and/or information about the agreed services in order to better tailor them to your wishes; 4. evaluate and/or strengthen their skills and improve them in the long term. The results of tests that we make available to you (personality tests, assessments, video-supported application training) serve to support this; 5. further your personal development by letting you participate in Randstad RiseSmart workshops; 6. meet management objectives, such as providing management information, implementing internal controls to prevent fraud and conducting internal and/or external audits; 7. if we have to comply with and provide evidence of legal obligations; 8. enable you to use Randstad RiseSmart technology (Spotlight and all associated software), if desired; 9. we share your CV / profile with affiliated companies of the Randstad Group to present your profile to selected client companies. |
Rechtsgrundlagen: | Legal basis: |
Rechtsgrundlage für die Verarbeitungen von Nr. 1., 2., 3., 4., 5., 8. und 9. ist Art. 6 Abs. 1 lit. b DSGVO. Die Verarbeitung ist für die Erfüllung eines Vertrags, dessen Vertragspartei die betroffene Person ist, oder zur Durchführung vorvertraglicher Maßnahmen erforderlich, die auf Anfrage der betroffenen Person erfolgen. Rechtsgrundlage für die Verarbeitung Nr. 6 ist unser berechtigtes Interesse nach Art.6 Abs. 1 lit f DSGVO. Rechtsgrundlage für die Verarbeitung Nr. 7 ist Art. 6 Abs 1 lit. c DSGVO. | The legal basis for the processing of no. 1, 2, 3, 4, 5, 8 and 9 is Art. 6 para. 1 b GDPR. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. The legal basis for processing of no. 6 is our legitimate interest pursuant to Art. 6 para. 1 f GDPR. The legal basis for processing no. 7 is Art. 6 para. 1 c GDPR. |
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(1) Interne Stellen bei Randstad RiseSmart zur Bearbeitung und Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings. (2) Potentielle Arbeitgeber/Unternehmen im Rahmen der Outplacement-Beratung zur Ermittlung einer geeigneten Stelle. (3) Verbundene Unternehmen des Randstad Konzerns zur Unterstützung bei der Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings. (4) Dienstleister aus anderen Randstad Gesellschaften, wobei Second und Third-Level Support durch Randstad Gesellschaften in den USA und Indien erbracht werden. Mit diesen Auftragsverarbeitern wurden EU-Standard Vertragsklauseln abgeschlossen, um ein angemessenes Schutzniveau zu gewährleisten. | (1) Internal functions at Randstad RiseSmart for the processing and implementation of outplacement/career/redeployment counseling or worklife coaching. (2) Potential employers/companies within the scope of outplacement counseling to identify a suitable position. (3) Affiliated companies of the Randstad Group, in order to support processing and implementation of outplacement/career/redeployment counseling or worklife coaching. (4) Service providers from other Randstad companies, whereby second and third level support is provided by Randstad companies in the USA and India. EU standard contractual clauses have been concluded with these processors to ensure an appropriate level of protection. |
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Wir garantieren den Zugang zu Spotlight und den Teilnehmerdaten inkl. der Ergebnisse von Workshops, Trainings und eLearnings etc. für die Dauer von 2 Jahre ab Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde. Ihre Daten werden danach zeitnah gelöscht. | We guarantee access to Spotlight and the participant data including the results of workshops, training courses and eLearning sessions, etc., for a period of 2 years from the end of the calendar year in which the contract ends or your account is terminated by you. Your data will then be deleted promptly. |
Stand: Januar 2024 | Last amended: January 2024 |
Effective July 17th 2024 to July 17th 2024
DownloadTable of Contents
Datenschutzerklärung Randstad RiseSmart (Outplacement, Karriereberatung, Redeployment, Worklife Coaching) | Data Privacy Statement Randstad RiseSmart (Outplacement, Career Counseling, Redeployment, Worklife Coaching) | ||
Bei Randstad RiseSmart legen wir großen Wert auf den Schutz der persönlichen Privatsphäre aller Menschen, deren Daten wir erheben und verarbeiten. Wir behandeln und schützen diese Daten mit größter Sorgfalt. Wir tun alles, um die uns zur Verfügung gestellten Daten vor Verlust, Veröffentlichung, unbefugten Zugriff oder unsachgemäße Nutzung zu schützen. In dieser Datenschutzerklärung erläutern wir Ihnen, wer wir sind und warum wir Ihre persönlichen Daten benötigen, welche Daten wir zusammenstellen und wie lange wir sie speichern, an wen die Daten eventuell weitergegeben werden, Ihre Rechte und wie Sie sie geltend machen können. | At Randstad RiseSmart, we attach great importance to protecting the privacy of all people whose data we collect and process. We treat and protect this data with the utmost care. We do everything we can to protect the data provided to us from loss, publication, unauthorized access or improper use. This Data Privacy Statement explains who we are and why we need your personal data, what types of data we collect, for how long we store it, who the data may be shared with, your rights and how you can assert them. | ||
Diese Datenschutzerklärung ist für Sie bestimmt, wenn: Sie an einem Outplacement-/Karriereberatungs-/ Redeployment-Programm oder Worklife Coaching bei Randstad RiseSmart teilnehmen, nachdem Sie ein entsprechendes Angebot angenommen haben bei (der Beschäftigungseinheit von) Ihrem (früheren) Arbeitgeber. | This Data Privacy Statement is meant for you if: You are participating in an outplacement/career/redeployment counseling or worklife coaching with Randstad RiseSmart after having accepted a corresponding offer from (the employment unit of) your (former) employer. | ||
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Der Verantwortliche im Sinne der Datenschutz-Grundverordnung (DSGVO) und anderer nationaler Datenschutzgesetze der Mitgliedstaaten sowie sonstiger datenschutzrechtlicher Bestimmungen ist die: Randstad RiseSmart GmbH (nachfolgend Randstad RiseSmart) Kasernenstraße 49 40213 Düsseldorf Deutschland Fon: +49 211 55867-60 E-Mail: info@randstadrisesmart.de Unseren Datenschutzbeauftragten erreichen Sie unter datenschutz@randstadrisesmart.de oder unserer Postadresse mit dem Zusatz „Der Datenschutzbeauftragte“. | The Controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States as well as other data protection regulations is: Randstad RiseSmart GmbH (hereinafter referred to as: Randstad RiseSmart) Kasernenstraße 49 40213 Düsseldorf Germany Phone: +49 211 55867-60 E-mail: info@randstadrisesmart.de You can contact our Data Protection Officer at datenschutz@randstadrisesmart.de or via our postal address with the addition “Der Datenschutzbeauftragte”. | ||
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Wenn Sie uns personenbezogene Daten zur Verfügung stellen, sind Sie Betroffener i.S.d. DSGVO und es stehen Ihnen folgende Rechte gegenüber Randstad RiseSmart zu: ● Recht auf Auskunft, ● Recht auf Berichtigung oder Löschung, ● Recht auf Einschränkung der Verarbeitung, ● Recht auf Widerspruch gegen die Verarbeitung, ● Recht auf Datenübertragbarkeit. Ihre Rechte machen Sie uns gegenüber bitte unter Verwendung der E-Mail-Anschrift datenschutz@randstadrisesmart.de geltend. Sie haben zudem das Recht, sich bei einer Datenschutzaufsichtsbehörde über die Verarbeitung Ihrer personenbezogenen Daten durch uns zu beschweren. | If you provide us with personal data, then you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis Randstad: ● Right to obtain information, ● Right of rectification or deletion, ● Right to restrict processing, ● Right to object to processing, ● Right to data portability. Please exercise your rights vis-à-vis us using the e-mail address datenschutz@randstadrisesmart.de. You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us. | ||
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Wenn Sie unsere Website betrachten möchten, erheben wir die folgenden Daten: (1) Informationen über Browsertyp und die verwendete Sprache sowie Version (2) Ihr Betriebssystem und Displayauflösung (3) Ihren Internet-Service-Provider (4) Ihre IP-Adresse (5) Datum und Uhrzeit Ihres Zugriffs (6) Zeitzonendifferenz zur Greenwich Mean Time (GMT) (7) Inhalt der Anforderung (konkrete Seite) (8) Zugriffsstatus/HTTP-Statuscode (9) jeweils übertragene Datenmenge (10) Websites, von denen Sie auf unsere Internetseite gelangt sind. Wenn Sie einen Benutzer-Account für unsere Website besitzen, werden diese Daten zusammen mit den Daten gespeichert, die Sie uns zur Verfügung gestellt haben. | If you wish to view our website, we collect the following data: (1) Information about the browser type and the language and version used (2) Your operating system and display resolution (3) Your Internet service provider (4) Your IP address (5) The date and time you accessed the website (6) Time zone difference from Greenwich Mean Time (GMT) (7) The content of the request (specific page) (8) Your access status / HTTP status code (9) Data volume transferred in each case (10) Websites from which you have reached our website. If you have a user account for our website, this data will be stored together with the data you have provided to us. | ||
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Diese Daten sind für uns technisch erforderlich, um Ihnen unsere Website anzuzeigen und die Stabilität und Sicherheit zu gewährleisten. Rechtsgrundlage ist Art. 6 Abs. 1 S. 1 lit. f DSGVO. | This data is technically necessary for us to display our website to you and to ensure stability and security. The legal basis is Art. 6 para. 1 sentence 1 f GDPR. | ||
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Diese Daten werden gelöscht, sobald Sie unsere Dienstleistungen nicht mehr in Anspruch nehmen. | This data will be deleted when you cease to use our services. | ||
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Unsere Website verwendet Cookies. Bei Cookies handelt es sich um Textdateien, die im Internetbrowser bzw. vom Internet Browser auf dem Computersystem des Nutzers gespeichert werden. Ruft ein Nutzer eine Website auf, so kann ein Cookie auf dem Computersystem des Nutzers gespeichert werden. Dieser Cookie enthält eine charakteristische Zeichenfolge, die eine eindeutige Identifizierung des Browsers beim erneuten Aufrufen der Website ermöglicht. Cookies dienen dazu, das Internetangebot insgesamt nutzerfreundlicher und effektiver zu machen. | Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s computer system . This cookie contains a unique string of characters that enables the browser to be uniquely identified when the website is accessed again. Cookies are used to make the website more user-friendly and effective. | ||
Unbedingt erforderliche Cookies | Strictly necessary cookies | ||
Diese Cookies sind unerlässlich, damit Sie sich auf der Website bewegen und deren Funktionen nutzen können, z. B. um auf sichere Bereiche der Website zuzugreifen. Ohne diese Cookies können die von Ihnen angeforderten Dienste wie die Anmeldung oder das Ausfüllen von Formularen nicht genutzt werden. Über Ihren Browser können Sie diese Cookies blockieren, allerdings können Sie dann nicht den vollen Funktionsumfang der Website nutzen. Diese Cookies speichern keinerlei personenbezogene Informationen. Sie können die gesetzten Cookies zudem über den eingesetzten Browser löschen. | These cookies are essential in order to enable you to move around the website and use its features, e.g. accessing secure areas of the website. Without these cookies, the services you have requested, such as logging in or filling out forms, cannot be used. You can block these cookies via your browser, but then you will not be able to use the full functionality of the website. These cookies do not store any personal information. You can also delete the cookies set via your browser. |
Verwendete Cookies:
Cookies used:
Cookie | Domäne Domain | Beschreibung Description | Lebensdauer Lifespan |
OptanonConsent | apps.risesmart.de | Dieses Cookie wird von der Cookie-Compliance-Lösung von OneTrust gesetzt. Es speichert Informationen über die Kategorien von Cookies, die die Website verwendet, und darüber, ob Besucher ihre Zustimmung zur Verwendung der einzelnen Kategorien gegeben oder zurückgezogen haben. Dies ermöglicht es den Eigentümern der Website zu verhindern, dass Cookies in jeder Kategorie im Browser des Benutzers gesetzt werden, wenn keine Zustimmung erteilt wird. Das Cookie hat eine normale Lebensdauer von einem Jahr, so dass die Präferenzen von wiederkehrenden Besuchern wiedererkannt werden. Es enthält keine Informationen, die den Website-Besucher identifizieren können. This cookie is set by OneTrust’s cookie compliance solution. It stores information about the categories of cookies used by the website and whether visitors have given or withdrawn their consent to the use of each category. This allows the owners of the website to prevent cookies from being set in each category in the user’s browser if consent has not been given. The cookie has a default lifespan of one year to allow preferences of returning visitors to be recognized. It does not contain any information that would allow the website visitor to be identified. | 1 Jahr 1 year |
OptanonAlertBoxClosed | apps.risesmart.de | Dieses Cookie wird von Websites gesetzt, die bestimmte Versionen der Cookie-Compliance Lösung von OneTrust verwenden. Es wird gesetzt nachdem Besucher einen Cookie-Informationshinweis gesehen haben und in einigen Fällen nur, wenn sie den Hinweis aktiv schließen. Es ermöglicht es der Website, die Mitteilung einem Benutzer nur einmal anzuzeigen. Das Cookie hat eine Lebensdauer von einem Jahr und enthält keine persönlichen Informationen. This cookie is set by websites that use certain versions of OneTrust’s cookie compliance solution. It is set after visitors have seen a cookie information notice and in some cases only when they actively close the notice. It enables the website to display the message to a user only once. The cookie has a lifespan of one year and does not contain any personal information. | 1 Jahr 1 year |
JSESSIONID | apps.risesmart.de | Das Cookie JSESSIONID wird von J2EE Web Anwendungen zum Session-Tracking verwendet. The JSESSIONID cookie is used by J2EE web applications for session tracking. | Dauer der Session Duration of the session |
AWSELB | apps.risesmart.de | Das Cookie AWSELB wird verwendet, um die Web-Session auf der jeweilige Instanz abzubilden (Lastverteilung). The AWSELB cookie is used to map the web session on its respective instance (load balancing). | Dauer der Session Duration of the session |
locale_cookie | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. app_locale and locale_cookie are application cookies of the RiseSmart Torch application which allow to identify a user’s preferred locales. | 1 Tag 1 day |
app_locale | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. app_locale and locale_cookie are application cookies of the RiseSmart Torch application which allow to identify a user’s preferred locales. | 1 Tag 1 day |
Performance Cookies | Performance cookies |
Performance Cookies erlauben uns die Besuche auf unserer Website zu erfassen und deren Ursprung. Wir nutzen diese Informationen, um die Performance unserer Website zu verbessern. Wir können dadurch herausfinden, welche Seiten häufiger oder seltener genutzt werden. Alle Informationen, die diese Cookies sammeln, werden aggregiert und sind somit anonym. Wenn Sie diese Cookies nicht zulassen, sind wir nicht in der Lage festzustellen, wann Sie unsere Website besuchen und wir können deren Performance nicht messen. | Performance cookies allow us to record visits to our website and their origin. We use this information to improve the performance of our website. This allows us to find out which pages are used more or less frequently. All information collected by these cookies is aggregated and therefore anonymous. If you do not allow these cookies, we will not be able to determine when you visit our website and we will not be able to measure its performance. |
Verwendete Cookies:
Cookies used:
Cookie | Domäne Domain | Beschreibung Description | Lebensdauer Lifespan |
_gid | apps.risesmart.de | Dieses Cookie ist mit Google Universal Analytics verknüpft. Es speichert und aktualisiert einen eindeutigen Wert für jede besuchte Seite. This cookie is linked to Google Universal Analytics. It stores and updates a unique value for each page visited. | 1 Tag 1 day |
_ga | apps.risesmart.de | Dieses Cookie von Google Universal Analytics wird verwendet, um eindeutige Nutzer zu unterscheiden, indem eine zufällig generierte Zahl als Kundenidentifikator zugewiesen wird. Es ist in jeder Seitenanforderung auf einer Website enthalten und wird zur Berechnung von Besucher-, Sitzungs- und Kampagnendaten für die Analyseberichte der Websites verwendet. Standardmäßig ist es so eingestellt, dass es nach 2 Jahren abläuft. This Google Universal Analytics cookie is used to distinguish unique users by assigning a randomly generated number as a customer identifier. It is included in every page request on a website and is used to calculate visitor, session and campaign data for the websites’ analytics reports. By default, it is set to expire after 2 years. | 2 Jahre 2 years |
_gat | apps.risesmart.de | Dieses Cookie wird von Google Universal Analytics genutzt und zur Drosselung der Anforderungsrate verwendet, wodurch die Datenerfassung auf stark frequentierten Websites eingeschränkt wird. Dieses Cookie läuft nach 10 Minuten ab. This cookie is used by Google Universal Analytics and serves to throttle the request rate, which limits data acquisition on high-traffic websites. This cookie expires after 10 minutes. | 10 Minuten 10 minutes |
Funktionelle Cookies | Functional cookies |
Diese Cookies ermöglichen es der Website, erweiterte Funktionen und eine Personalisierung bereitzustellen. Sie können von uns oder von Drittanbietern festgelegt werden, deren Dienste wir unseren Seiten hinzugefügt haben. Wenn Sie diese Cookies nicht zulassen, funktionieren einige oder alle dieser Dienste möglicherweise nicht ordnungsgemäß. | These cookies enable the website to provide extended functions and personalization. They may be set by us or by third-party providers whose services we have added to our web pages. If you do not allow these cookies, some or all of these services may not function properly. |
Verwendete Cookies:
Cookies used:
Cookie | Domäne Domain | Beschreibung Description | Lebensdauer Lifespan |
appname_encrypteduserId_tenantId_appGroup | apps.risesmart.de | Dieses Cookie wird von der Anwendung erstellt, um den Status der Vertragsprozesse, unterstützt durch Pactsafe, zu verfolgen. This cookie is created by the application to track the status of the contract processes supported by Pactsafe. | 15 Tage 15 days |
Cookies für Marketingzwecke | Cookies for marketing purposes |
Diese Cookies werden entweder von uns oder durch unsere Marketingpartner gesetzt. Sie können von diesen Partnern genutzt werden, um Interessenprofile zu generieren und auf Sie zugeschnittene Werbung zu ermöglichen. Die Cookies speichern keine direkten personenbezogenen Informationen, basieren aber auf anderen eindeutigen Identifikatoren, wie Ihren Browser oder ihr Device. Wenn Sie diese Cookies nicht erlauben, wird die Werbung weniger zielgruppen-orientiert stattfinden. | These cookies are set either by us or by our marketing partners. They can be used by these partners to generate interest profiles and enable advertising tailored to you. The cookies do not store any direct personal information, but are based on other unique identifiers, such as your browser or your device. If you do not allow these cookies, advertising will be less target group-oriented. |
Verwendete Cookies:
Cookies used:
Cookie | Domäne Domain | Beschreibung Description | Lebensdauer Lifespan |
YSC | apps.risesmart.de | Dieses Cookie wird vom YouTube-Videodienst auf Seiten mit eingebettetem YouTube-Video gesetzt. This cookie is set by the YouTube video service on pages with an embedded YouTube video. | Dauer der Session Duration of the session |
test_cookie | apps.risesmart.de | Dieses Cookie wird von DoubleClick (eine Marke von Google) gesetzt, um festzustellen, ob der Browser des Website-Besuchers Cookies unterstützt. Dieses Cookie enthält Informationen darüber, wie der Endbenutzer die Website nutzt und welche Werbung der Endbenutzer vor dem Besuch der genannten Website gesehen hat. This cookie is set by DoubleClick (a Google brand) to determine whether the website visitor’s browser supports cookies. This cookie contains information about how the end user uses the website and which advertisements the end user has seen before visiting the said website. | N/A |
VISITOR_INFO1_LIVE | apps.risesmart.de | Das von YouTube gesetzte Cookie misst die Bandbreite, um festzustellen, ob Sie die neue oder die alte Player-Schnittstelle nutzen können. The cookie set by YouTube measures the bandwidth to determine whether you can use the new or the old player interface. | 240 Tage 240 days |
IDE | apps.risesmart.de | Das Cookie wird zur Optimierung der Werbung verwendet. In der Regel wird es genutzt, um die Werbung auf die für einen Benutzer relevanten Inhalte auszurichten, die Performance der Kampagne zu verbessern und Werbung zu vermeiden, die der Benutzer bereits gesehen hat. The cookie is used to optimize advertising. It is generally used to target advertising to content that is relevant to a user, to improve campaign performance and to avoid advertising that the user has already seen. | 13 Monate 13 months |
GPS | apps.risesmart.de | Dieses Cookie wird von YouTube genutzt, um Nutzerdaten über in Websites eingebettete Videos zu sammeln, die mit Profildaten aus anderen Google-Diensten aggregiert werden, um gezielte Werbung für Website-Besucher anzuzeigen. This cookie is used by YouTube to collect user data about videos embedded in websites, which is aggregated with profile data from other Google services to display targeted advertising to website visitors. | 30 Minuten 30 minutes |
DFTT_END_USER_PREV_BOOTSTRAPPED | apps.risesmart.de | Das Cookie wird von Drift platziert, um den letzten Besuch zu speichern. This cookie is set by Drift to save the last visit. | 2 Jahre 2 years |
driftt_aid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Benutzer-ID zu speichern. This cookie is set by Drift to save a unique user ID. | 2 Jahre 2 years |
driftt_sid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Sitzungs-ID zu speichern. This cookie is set by Drift to save a unique session ID. | 2 Jahre 2 years |
client-origin | apps.risesmart.de | Das Cookie wird von PayScale genutzt zur Bestimmung der Herkunft des Kunden. Mögliche Werte sind EU und Non-EU. The cookie is used by PayScale to determine the origin of the customer. Possible values are EU and Non-EU. | Dauer der Session Duration of the session |
ai_user | apps.risesmart.de | Das Cookie wird von PayScale genutzt und sammelt statistische Nutzungs- und Telemetrie Informationen zu Anwendungen. This cookie is used by PayScale and collects statistical usage and telemetry information about applications. | 1 Jahr 1 year |
_dc_gtm_* | apps.risesmart.de | Das Cookie stammt von PayScale. Es wird via Google Analytics genutzt und sammelt Informationen darüber, wie Payscale-Besucher die Payscale-Website nutzen. This cookie comes from PayScale. It is used via Google Analytics and collects information about how Payscale visitors use the Payscale website. | 2 Jahre 2 years |
_salarycalc-csrf | apps.risesmart.de | Das Session-Cookie dient dem CSRF-Schutz (Schutz vor einer Website-übergreifenden Anfragefälschung), erstellt von Payscale für die Funktion Gehaltsrechner. This session cookie is used for CSRF protection (protection against cross-site request forgery). It is created by Payscale for the salary calculator function. | Dauer der Session Duration of the session |
wm_load_* | apps.risesmart.de | Der WalkMe Player speichert Daten zur Aufrechterhaltung des WalkMe Player-Status, zur Überwachung der Zusammenstellung der Walk-Thru-Wiedergabe und zur Erfassung von Analysen. Zu diesem Zweck verwendet WalkMe First-Party-Cookies, Third-Party-Cookies (lokale Speicherung) und First-Party-Local-Speicher. Es werden keine persönlichen Daten gespeichert und keine Informationen über die Nutzung der Website durch die Nutzer überwacht. The WalkMe Player stores data to maintain the WalkMe Player status, monitor the Walk-Thru playback composition and collect analytics. For this purpose, WalkMe uses first-party cookies, third-party cookies (local storage) and first-party local storage. It does not store personal data and does not monitor information about the use of the website by users. | N/A |
Zweck und Rechtsgrundlage | Purpose and legal basis |
Der Zweck der technisch notwendigen Cookies ist, die Nutzung von Websites für die Nutzer zu vereinfachen. Die Verwendung von Analyse-Cookies erfolgt zu dem Zweck, die Qualität unserer Website und ihre Inhalte zu verbessern. Durch die Performance Cookies, die funktionellen Cookies und die Cookies für Marketingzwecke erfahren wir, wie die Website genutzt wird und können so unser Angebot stetig optimieren. Einige Funktionen unserer Internetseite können ohne den Einsatz von Cookies nicht angeboten werden. Für diese ist es erforderlich, dass der Browser auch nach einem Seitenwechsel wiedererkannt wird. In diesen Zwecken liegt auch unser berechtigtes Interesse in der Verarbeitung der personenbezogenen Daten nach Art. 6 Abs. 1 lit. f DSGVO (Rechtsgrundlage). | The purpose of technically necessary cookies is to simplify the use of websites for users. Analysis cookies are used for the purpose of improving the quality of our website and its content. Performance cookies, functional cookies and cookies for marketing purposes enable us to find out how the website is used, allowing us to constantly optimize our offering. Some functions of our website cannot be offered without the use of cookies. This requires the browser to be recognized even after navigating between pages. These purposes also constitute our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 f GDPR (Legal basis). |
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Wir erheben Ihre personenbezogenen Daten, sobald Sie diese auf unserer Website selbst eingeben oder Ihr früheres Unternehmen sie uns, Ihr Einverständnis vorausgesetzt, mitgeteilt hat. Dabei überträgt Ihr früheres Unternehmen lediglich Ihre Kontaktdaten (Name & E-Mail Adresse). Sie übermitteln uns zusätzlich Ihren Lebenslauf (CV). | We collect your personal data as soon as you enter it yourself on our website or your former company has provided it to us, provided you have given your consent. Your former company will only transfer your contact details (name and e-mail address). You send us your curriculum vitae (CV) in addition to this. |
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Wir verwenden Ihre personenbezogenen Daten zur Durchführung von Outplacement-, Karriere-, Redeployment-Beratungen oder Worklife Coachings. Genauer gesagt verwenden wir Ihre persönlichen Daten, um je nach vereinbarter Dienstleistung und, falls zutreffend, 1. einen Dienstleistungsvertrag mit Ihrem früheren, gegenwärtigen oder potenzieller Arbeitgeber abzuschließen; 2. um die mit Ihnen oder und/oder mit Ihren früheren, gegenwärtigen oder potenzieller Arbeitgeber vereinbarte Dienstleistung zu erbringen; 3. Ihnen Angebote zu unterbreiten und/oder Informationen über die vereinbarten Dienstleistungen, um diese besser auf Ihre Wünsche abstimmen zu können; 4. Ihre Kompetenzen zu evaluieren und/oder zu stärken und sie langfristig zu verbessern. Hierbei unterstützen Ergebnisse von Tests, die wir Ihnen zur Verfügung stellen (Persönlichkeitstests, Assessments, videogestützte Bewerbungstrainings); 5. Ihre persönliche Entwicklung zu fördern, indem Sie an Workshops bei Randstad RiseSmart teilnehmen; 6. Erfüllung der Managementziele, einschließlich der Bereitstellung von Managementinformationen, Durchführung interner Kontrollen zur Verhinderung von Betrug und zur Durchführung von internen und/oder externen Audits; 7. sofern wir rechtliche Verpflichtungen einhalten und nachweisen müssen; 8. Ihnen die Nutzung der Randstad RiseSmart-Technologie (Spotlight und alle zugehörige Software) zu ermöglichen, sofern gewünscht; 9. Wir teilen Ihren Lebenslauf / Profil mit verbundenen Unternehmen des Randstad Konzerns zur Vorstellung des Profils bei ausgewählten Kundenunternehmen; | We use your personal data to carry out outplacement/career/redeployment counseling or worklife coaching. More specifically, we use your personal data in order to perform the following activities, depending on the agreed service, and if applicable: 1. Enter into a service contract with your former, current or potential employer; 2. render the service agreed with you and/or your former, current or potential employer; 3. provide you with offers and/or information about the agreed services in order to better tailor them to your wishes; 4. evaluate and/or strengthen their skills and improve them in the long term. The results of tests that we make available to you (personality tests, assessments, video-supported application training) serve to support this; 5. further your personal development by letting you participate in Randstad RiseSmart workshops; 6. meet management objectives, such as providing management information, implementing internal controls to prevent fraud and conducting internal and/or external audits; 7. if we have to comply with and provide evidence of legal obligations; 8. enable you to use Randstad RiseSmart technology (Spotlight and all associated software), if desired; 9. we share your CV / profile with affiliated companies of the Randstad Group to present your profile to selected client companies. |
Rechtsgrundlagen: | Legal basis: |
Rechtsgrundlage für die Verarbeitungen von Nr. 1., 2., 3., 4., 5., 8. und 9. ist Art. 6 Abs. 1 lit. b DSGVO. Die Verarbeitung ist für die Erfüllung eines Vertrags, dessen Vertragspartei die betroffene Person ist, oder zur Durchführung vorvertraglicher Maßnahmen erforderlich, die auf Anfrage der betroffenen Person erfolgen. Rechtsgrundlage für die Verarbeitung Nr. 6 ist unser berechtigtes Interesse nach Art.6 Abs. 1 lit f DSGVO. Rechtsgrundlage für die Verarbeitung Nr. 7 ist Art. 6 Abs 1 lit. c DSGVO. | The legal basis for the processing of no. 1, 2, 3, 4, 5, 8 and 9 is Art. 6 para. 1 b GDPR. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. The legal basis for processing of no. 6 is our legitimate interest pursuant to Art. 6 para. 1 f GDPR. The legal basis for processing no. 7 is Art. 6 para. 1 c GDPR. |
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(1) Interne Stellen bei Randstad RiseSmart zur Bearbeitung und Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings. (2) Potentielle Arbeitgeber/Unternehmen im Rahmen der Outplacement-Beratung zur Ermittlung einer geeigneten Stelle. (3) Verbundene Unternehmen des Randstad Konzerns zur Unterstützung bei der Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings. (4) Dienstleister aus anderen Randstad Gesellschaften, wobei Second und Third-Level Support durch Randstad Gesellschaften in den USA und Indien erbracht werden. Mit diesen Auftragsverarbeitern wurden EU-Standard Vertragsklauseln abgeschlossen, um ein angemessenes Schutzniveau zu gewährleisten. | (1) Internal functions at Randstad RiseSmart for the processing and implementation of outplacement/career/redeployment counseling or worklife coaching. (2) Potential employers/companies within the scope of outplacement counseling to identify a suitable position. (3) Affiliated companies of the Randstad Group, in order to support processing and implementation of outplacement/career/redeployment counseling or worklife coaching. (4) Service providers from other Randstad companies, whereby second and third level support is provided by Randstad companies in the USA and India. EU standard contractual clauses have been concluded with these processors to ensure an appropriate level of protection. |
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Wir garantieren den Zugang zu Spotlight und den Teilnehmerdaten inkl. der Ergebnisse von Workshops, Trainings und eLearnings etc. für die Dauer von 2 Jahre ab Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde. Ihre Daten werden danach zeitnah gelöscht. | We guarantee access to Spotlight and the participant data including the results of workshops, training courses and eLearning sessions, etc., for a period of 2 years from the end of the calendar year in which the contract ends or your account is terminated by you. Your data will then be deleted promptly. |
Stand: Januar 2024 | Last amended: January 2024 |
Effective July 16th 2024 to July 17th 2024
DownloadTable of Contents
Datenschutzerklärung Randstad RiseSmart (Outplacement, Karriereberatung, Redeployment, Worklife Coaching) | Data Privacy Statement Randstad RiseSmart (Outplacement, Career Counseling, Redeployment, Worklife Coaching) | ||
Bei Randstad RiseSmart legen wir großen Wert auf den Schutz der persönlichen Privatsphäre aller Menschen, deren Daten wir erheben und verarbeiten. Wir behandeln und schützen diese Daten mit größter Sorgfalt. Wir tun alles, um die uns zur Verfügung gestellten Daten vor Verlust, Veröffentlichung, unbefugten Zugriff oder unsachgemäße Nutzung zu schützen. In dieser Datenschutzerklärung erläutern wir Ihnen, wer wir sind und warum wir Ihre persönlichen Daten benötigen, welche Daten wir zusammenstellen und wie lange wir sie speichern, an wen die Daten eventuell weitergegeben werden, Ihre Rechte und wie Sie sie geltend machen können. | At Randstad RiseSmart, we attach great importance to protecting the privacy of all people whose data we collect and process. We treat and protect this data with the utmost care. We do everything we can to protect the data provided to us from loss, publication, unauthorized access or improper use. This Data Privacy Statement explains who we are and why we need your personal data, what types of data we collect, for how long we store it, who the data may be shared with, your rights and how you can assert them. | ||
Diese Datenschutzerklärung ist für Sie bestimmt, wenn: Sie an einem Outplacement-/Karriereberatungs-/ Redeployment-Programm oder Worklife Coaching bei Randstad RiseSmart teilnehmen, nachdem Sie ein entsprechendes Angebot angenommen haben bei (der Beschäftigungseinheit von) Ihrem (früheren) Arbeitgeber. | This Data Privacy Statement is meant for you if: You are participating in an outplacement/career/redeployment counseling or worklife coaching with Randstad RiseSmart after having accepted a corresponding offer from (the employment unit of) your (former) employer. | ||
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Der Verantwortliche im Sinne der Datenschutz-Grundverordnung (DSGVO) und anderer nationaler Datenschutzgesetze der Mitgliedstaaten sowie sonstiger datenschutzrechtlicher Bestimmungen ist die: Randstad RiseSmart GmbH (nachfolgend Randstad RiseSmart) Kasernenstraße 49 40213 Düsseldorf Deutschland Fon: +49 211 55867-60 E-Mail: info@randstadrisesmart.de Unseren Datenschutzbeauftragten erreichen Sie unter datenschutz@randstadrisesmart.de oder unserer Postadresse mit dem Zusatz „Der Datenschutzbeauftragte“. | The Controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States as well as other data protection regulations is: Randstad RiseSmart GmbH (hereinafter referred to as: Randstad RiseSmart) Kasernenstraße 49 40213 Düsseldorf Germany Phone: +49 211 55867-60 E-mail: info@randstadrisesmart.de You can contact our Data Protection Officer at datenschutz@randstadrisesmart.de or via our postal address with the addition “Der Datenschutzbeauftragte”. | ||
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Wenn Sie uns personenbezogene Daten zur Verfügung stellen, sind Sie Betroffener i.S.d. DSGVO und es stehen Ihnen folgende Rechte gegenüber Randstad RiseSmart zu: ● Recht auf Auskunft, ● Recht auf Berichtigung oder Löschung, ● Recht auf Einschränkung der Verarbeitung, ● Recht auf Widerspruch gegen die Verarbeitung, ● Recht auf Datenübertragbarkeit. Ihre Rechte machen Sie uns gegenüber bitte unter Verwendung der E-Mail-Anschrift datenschutz@randstadrisesmart.de geltend. Sie haben zudem das Recht, sich bei einer Datenschutzaufsichtsbehörde über die Verarbeitung Ihrer personenbezogenen Daten durch uns zu beschweren. | If you provide us with personal data, then you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis Randstad: ● Right to obtain information, ● Right of rectification or deletion, ● Right to restrict processing, ● Right to object to processing, ● Right to data portability. Please exercise your rights vis-à-vis us using the e-mail address datenschutz@randstadrisesmart.de. You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us. | ||
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Wenn Sie unsere Website betrachten möchten, erheben wir die folgenden Daten: (1) Informationen über Browsertyp und die verwendete Sprache sowie Version (2) Ihr Betriebssystem und Displayauflösung (3) Ihren Internet-Service-Provider (4) Ihre IP-Adresse (5) Datum und Uhrzeit Ihres Zugriffs (6) Zeitzonendifferenz zur Greenwich Mean Time (GMT) (7) Inhalt der Anforderung (konkrete Seite) (8) Zugriffsstatus/HTTP-Statuscode (9) jeweils übertragene Datenmenge (10) Websites, von denen Sie auf unsere Internetseite gelangt sind. Wenn Sie einen Benutzer-Account für unsere Website besitzen, werden diese Daten zusammen mit den Daten gespeichert, die Sie uns zur Verfügung gestellt haben. | If you wish to view our website, we collect the following data: (1) Information about the browser type and the language and version used (2) Your operating system and display resolution (3) Your Internet service provider (4) Your IP address (5) The date and time you accessed the website (6) Time zone difference from Greenwich Mean Time (GMT) (7) The content of the request (specific page) (8) Your access status / HTTP status code (9) Data volume transferred in each case (10) Websites from which you have reached our website. If you have a user account for our website, this data will be stored together with the data you have provided to us. | ||
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Diese Daten sind für uns technisch erforderlich, um Ihnen unsere Website anzuzeigen und die Stabilität und Sicherheit zu gewährleisten. Rechtsgrundlage ist Art. 6 Abs. 1 S. 1 lit. f DSGVO. | This data is technically necessary for us to display our website to you and to ensure stability and security. The legal basis is Art. 6 para. 1 sentence 1 f GDPR. | ||
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Diese Daten werden gelöscht, sobald Sie unsere Dienstleistungen nicht mehr in Anspruch nehmen. | This data will be deleted when you cease to use our services. | ||
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Unsere Website verwendet Cookies. Bei Cookies handelt es sich um Textdateien, die im Internetbrowser bzw. vom Internet Browser auf dem Computersystem des Nutzers gespeichert werden. Ruft ein Nutzer eine Website auf, so kann ein Cookie auf dem Computersystem des Nutzers gespeichert werden. Dieser Cookie enthält eine charakteristische Zeichenfolge, die eine eindeutige Identifizierung des Browsers beim erneuten Aufrufen der Website ermöglicht. Cookies dienen dazu, das Internetangebot insgesamt nutzerfreundlicher und effektiver zu machen. | Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s computer system . This cookie contains a unique string of characters that enables the browser to be uniquely identified when the website is accessed again. Cookies are used to make the website more user-friendly and effective. | ||
Unbedingt erforderliche Cookies | Strictly necessary cookies | ||
Diese Cookies sind unerlässlich, damit Sie sich auf der Website bewegen und deren Funktionen nutzen können, z. B. um auf sichere Bereiche der Website zuzugreifen. Ohne diese Cookies können die von Ihnen angeforderten Dienste wie die Anmeldung oder das Ausfüllen von Formularen nicht genutzt werden. Über Ihren Browser können Sie diese Cookies blockieren, allerdings können Sie dann nicht den vollen Funktionsumfang der Website nutzen. Diese Cookies speichern keinerlei personenbezogene Informationen. Sie können die gesetzten Cookies zudem über den eingesetzten Browser löschen. | These cookies are essential in order to enable you to move around the website and use its features, e.g. accessing secure areas of the website. Without these cookies, the services you have requested, such as logging in or filling out forms, cannot be used. You can block these cookies via your browser, but then you will not be able to use the full functionality of the website. These cookies do not store any personal information. You can also delete the cookies set via your browser. |
Verwendete Cookies:
Cookies used:
Cookie | Domäne Domain | Beschreibung Description | Lebensdauer Lifespan |
OptanonConsent | apps.risesmart.de | Dieses Cookie wird von der Cookie-Compliance-Lösung von OneTrust gesetzt. Es speichert Informationen über die Kategorien von Cookies, die die Website verwendet, und darüber, ob Besucher ihre Zustimmung zur Verwendung der einzelnen Kategorien gegeben oder zurückgezogen haben. Dies ermöglicht es den Eigentümern der Website zu verhindern, dass Cookies in jeder Kategorie im Browser des Benutzers gesetzt werden, wenn keine Zustimmung erteilt wird. Das Cookie hat eine normale Lebensdauer von einem Jahr, so dass die Präferenzen von wiederkehrenden Besuchern wiedererkannt werden. Es enthält keine Informationen, die den Website-Besucher identifizieren können. This cookie is set by OneTrust’s cookie compliance solution. It stores information about the categories of cookies used by the website and whether visitors have given or withdrawn their consent to the use of each category. This allows the owners of the website to prevent cookies from being set in each category in the user’s browser if consent has not been given. The cookie has a default lifespan of one year to allow preferences of returning visitors to be recognized. It does not contain any information that would allow the website visitor to be identified. | 1 Jahr 1 year |
OptanonAlertBoxClosed | apps.risesmart.de | Dieses Cookie wird von Websites gesetzt, die bestimmte Versionen der Cookie-Compliance Lösung von OneTrust verwenden. Es wird gesetzt nachdem Besucher einen Cookie-Informationshinweis gesehen haben und in einigen Fällen nur, wenn sie den Hinweis aktiv schließen. Es ermöglicht es der Website, die Mitteilung einem Benutzer nur einmal anzuzeigen. Das Cookie hat eine Lebensdauer von einem Jahr und enthält keine persönlichen Informationen. This cookie is set by websites that use certain versions of OneTrust’s cookie compliance solution. It is set after visitors have seen a cookie information notice and in some cases only when they actively close the notice. It enables the website to display the message to a user only once. The cookie has a lifespan of one year and does not contain any personal information. | 1 Jahr 1 year |
JSESSIONID | apps.risesmart.de | Das Cookie JSESSIONID wird von J2EE Web Anwendungen zum Session-Tracking verwendet. The JSESSIONID cookie is used by J2EE web applications for session tracking. | Dauer der Session Duration of the session |
AWSELB | apps.risesmart.de | Das Cookie AWSELB wird verwendet, um die Web-Session auf der jeweilige Instanz abzubilden (Lastverteilung). The AWSELB cookie is used to map the web session on its respective instance (load balancing). | Dauer der Session Duration of the session |
locale_cookie | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. app_locale and locale_cookie are application cookies of the RiseSmart Torch application which allow to identify a user’s preferred locales. | 1 Tag 1 day |
app_locale | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. app_locale and locale_cookie are application cookies of the RiseSmart Torch application which allow to identify a user’s preferred locales. | 1 Tag 1 day |
Performance Cookies | Performance cookies |
Performance Cookies erlauben uns die Besuche auf unserer Website zu erfassen und deren Ursprung. Wir nutzen diese Informationen, um die Performance unserer Website zu verbessern. Wir können dadurch herausfinden, welche Seiten häufiger oder seltener genutzt werden. Alle Informationen, die diese Cookies sammeln, werden aggregiert und sind somit anonym. Wenn Sie diese Cookies nicht zulassen, sind wir nicht in der Lage festzustellen, wann Sie unsere Website besuchen und wir können deren Performance nicht messen. | Performance cookies allow us to record visits to our website and their origin. We use this information to improve the performance of our website. This allows us to find out which pages are used more or less frequently. All information collected by these cookies is aggregated and therefore anonymous. If you do not allow these cookies, we will not be able to determine when you visit our website and we will not be able to measure its performance. |
Verwendete Cookies:
Cookies used:
Cookie | Domäne Domain | Beschreibung Description | Lebensdauer Lifespan |
_gid | apps.risesmart.de | Dieses Cookie ist mit Google Universal Analytics verknüpft. Es speichert und aktualisiert einen eindeutigen Wert für jede besuchte Seite. This cookie is linked to Google Universal Analytics. It stores and updates a unique value for each page visited. | 1 Tag 1 day |
_ga | apps.risesmart.de | Dieses Cookie von Google Universal Analytics wird verwendet, um eindeutige Nutzer zu unterscheiden, indem eine zufällig generierte Zahl als Kundenidentifikator zugewiesen wird. Es ist in jeder Seitenanforderung auf einer Website enthalten und wird zur Berechnung von Besucher-, Sitzungs- und Kampagnendaten für die Analyseberichte der Websites verwendet. Standardmäßig ist es so eingestellt, dass es nach 2 Jahren abläuft. This Google Universal Analytics cookie is used to distinguish unique users by assigning a randomly generated number as a customer identifier. It is included in every page request on a website and is used to calculate visitor, session and campaign data for the websites’ analytics reports. By default, it is set to expire after 2 years. | 2 Jahre 2 years |
_gat | apps.risesmart.de | Dieses Cookie wird von Google Universal Analytics genutzt und zur Drosselung der Anforderungsrate verwendet, wodurch die Datenerfassung auf stark frequentierten Websites eingeschränkt wird. Dieses Cookie läuft nach 10 Minuten ab. This cookie is used by Google Universal Analytics and serves to throttle the request rate, which limits data acquisition on high-traffic websites. This cookie expires after 10 minutes. | 10 Minuten 10 minutes |
Funktionelle Cookies | Functional cookies |
Diese Cookies ermöglichen es der Website, erweiterte Funktionen und eine Personalisierung bereitzustellen. Sie können von uns oder von Drittanbietern festgelegt werden, deren Dienste wir unseren Seiten hinzugefügt haben. Wenn Sie diese Cookies nicht zulassen, funktionieren einige oder alle dieser Dienste möglicherweise nicht ordnungsgemäß. | These cookies enable the website to provide extended functions and personalization. They may be set by us or by third-party providers whose services we have added to our web pages. If you do not allow these cookies, some or all of these services may not function properly. |
Verwendete Cookies:
Cookies used:
Cookie | Domäne Domain | Beschreibung Description | Lebensdauer Lifespan |
appname_encrypteduserId_tenantId_appGroup | apps.risesmart.de | Dieses Cookie wird von der Anwendung erstellt, um den Status der Vertragsprozesse, unterstützt durch Pactsafe, zu verfolgen. This cookie is created by the application to track the status of the contract processes supported by Pactsafe. | 15 Tage 15 days |
Cookies für Marketingzwecke | Cookies for marketing purposes |
Diese Cookies werden entweder von uns oder durch unsere Marketingpartner gesetzt. Sie können von diesen Partnern genutzt werden, um Interessenprofile zu generieren und auf Sie zugeschnittene Werbung zu ermöglichen. Die Cookies speichern keine direkten personenbezogenen Informationen, basieren aber auf anderen eindeutigen Identifikatoren, wie Ihren Browser oder ihr Device. Wenn Sie diese Cookies nicht erlauben, wird die Werbung weniger zielgruppen-orientiert stattfinden. | These cookies are set either by us or by our marketing partners. They can be used by these partners to generate interest profiles and enable advertising tailored to you. The cookies do not store any direct personal information, but are based on other unique identifiers, such as your browser or your device. If you do not allow these cookies, advertising will be less target group-oriented. |
Verwendete Cookies:
Cookies used:
Cookie | Domäne Domain | Beschreibung Description | Lebensdauer Lifespan |
YSC | apps.risesmart.de | Dieses Cookie wird vom YouTube-Videodienst auf Seiten mit eingebettetem YouTube-Video gesetzt. This cookie is set by the YouTube video service on pages with an embedded YouTube video. | Dauer der Session Duration of the session |
test_cookie | apps.risesmart.de | Dieses Cookie wird von DoubleClick (eine Marke von Google) gesetzt, um festzustellen, ob der Browser des Website-Besuchers Cookies unterstützt. Dieses Cookie enthält Informationen darüber, wie der Endbenutzer die Website nutzt und welche Werbung der Endbenutzer vor dem Besuch der genannten Website gesehen hat. This cookie is set by DoubleClick (a Google brand) to determine whether the website visitor’s browser supports cookies. This cookie contains information about how the end user uses the website and which advertisements the end user has seen before visiting the said website. | N/A |
VISITOR_INFO1_LIVE | apps.risesmart.de | Das von YouTube gesetzte Cookie misst die Bandbreite, um festzustellen, ob Sie die neue oder die alte Player-Schnittstelle nutzen können. The cookie set by YouTube measures the bandwidth to determine whether you can use the new or the old player interface. | 240 Tage 240 days |
IDE | apps.risesmart.de | Das Cookie wird zur Optimierung der Werbung verwendet. In der Regel wird es genutzt, um die Werbung auf die für einen Benutzer relevanten Inhalte auszurichten, die Performance der Kampagne zu verbessern und Werbung zu vermeiden, die der Benutzer bereits gesehen hat. The cookie is used to optimize advertising. It is generally used to target advertising to content that is relevant to a user, to improve campaign performance and to avoid advertising that the user has already seen. | 13 Monate 13 months |
GPS | apps.risesmart.de | Dieses Cookie wird von YouTube genutzt, um Nutzerdaten über in Websites eingebettete Videos zu sammeln, die mit Profildaten aus anderen Google-Diensten aggregiert werden, um gezielte Werbung für Website-Besucher anzuzeigen. This cookie is used by YouTube to collect user data about videos embedded in websites, which is aggregated with profile data from other Google services to display targeted advertising to website visitors. | 30 Minuten 30 minutes |
DFTT_END_USER_PREV_BOOTSTRAPPED | apps.risesmart.de | Das Cookie wird von Drift platziert, um den letzten Besuch zu speichern. This cookie is set by Drift to save the last visit. | 2 Jahre 2 years |
driftt_aid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Benutzer-ID zu speichern. This cookie is set by Drift to save a unique user ID. | 2 Jahre 2 years |
driftt_sid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Sitzungs-ID zu speichern. This cookie is set by Drift to save a unique session ID. | 2 Jahre 2 years |
client-origin | apps.risesmart.de | Das Cookie wird von PayScale genutzt zur Bestimmung der Herkunft des Kunden. Mögliche Werte sind EU und Non-EU. The cookie is used by PayScale to determine the origin of the customer. Possible values are EU and Non-EU. | Dauer der Session Duration of the session |
ai_user | apps.risesmart.de | Das Cookie wird von PayScale genutzt und sammelt statistische Nutzungs- und Telemetrie Informationen zu Anwendungen. This cookie is used by PayScale and collects statistical usage and telemetry information about applications. | 1 Jahr 1 year |
_dc_gtm_* | apps.risesmart.de | Das Cookie stammt von PayScale. Es wird via Google Analytics genutzt und sammelt Informationen darüber, wie Payscale-Besucher die Payscale-Website nutzen. This cookie comes from PayScale. It is used via Google Analytics and collects information about how Payscale visitors use the Payscale website. | 2 Jahre 2 years |
_salarycalc-csrf | apps.risesmart.de | Das Session-Cookie dient dem CSRF-Schutz (Schutz vor einer Website-übergreifenden Anfragefälschung), erstellt von Payscale für die Funktion Gehaltsrechner. This session cookie is used for CSRF protection (protection against cross-site request forgery). It is created by Payscale for the salary calculator function. | Dauer der Session Duration of the session |
wm_load_* | apps.risesmart.de | Der WalkMe Player speichert Daten zur Aufrechterhaltung des WalkMe Player-Status, zur Überwachung der Zusammenstellung der Walk-Thru-Wiedergabe und zur Erfassung von Analysen. Zu diesem Zweck verwendet WalkMe First-Party-Cookies, Third-Party-Cookies (lokale Speicherung) und First-Party-Local-Speicher. Es werden keine persönlichen Daten gespeichert und keine Informationen über die Nutzung der Website durch die Nutzer überwacht. The WalkMe Player stores data to maintain the WalkMe Player status, monitor the Walk-Thru playback composition and collect analytics. For this purpose, WalkMe uses first-party cookies, third-party cookies (local storage) and first-party local storage. It does not store personal data and does not monitor information about the use of the website by users. | N/A |
Zweck und Rechtsgrundlage | Purpose and legal basis |
Der Zweck der technisch notwendigen Cookies ist, die Nutzung von Websites für die Nutzer zu vereinfachen. Die Verwendung von Analyse-Cookies erfolgt zu dem Zweck, die Qualität unserer Website und ihre Inhalte zu verbessern. Durch die Performance Cookies, die funktionellen Cookies und die Cookies für Marketingzwecke erfahren wir, wie die Website genutzt wird und können so unser Angebot stetig optimieren. Einige Funktionen unserer Internetseite können ohne den Einsatz von Cookies nicht angeboten werden. Für diese ist es erforderlich, dass der Browser auch nach einem Seitenwechsel wiedererkannt wird. In diesen Zwecken liegt auch unser berechtigtes Interesse in der Verarbeitung der personenbezogenen Daten nach Art. 6 Abs. 1 lit. f DSGVO (Rechtsgrundlage). | The purpose of technically necessary cookies is to simplify the use of websites for users. Analysis cookies are used for the purpose of improving the quality of our website and its content. Performance cookies, functional cookies and cookies for marketing purposes enable us to find out how the website is used, allowing us to constantly optimize our offering. Some functions of our website cannot be offered without the use of cookies. This requires the browser to be recognized even after navigating between pages. These purposes also constitute our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 f GDPR (Legal basis). |
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Wir erheben Ihre personenbezogenen Daten, sobald Sie diese auf unserer Website selbst eingeben oder Ihr früheres Unternehmen sie uns, Ihr Einverständnis vorausgesetzt, mitgeteilt hat. Dabei überträgt Ihr früheres Unternehmen lediglich Ihre Kontaktdaten (Name & E-Mail Adresse). Sie übermitteln uns zusätzlich Ihren Lebenslauf (CV). | We collect your personal data as soon as you enter it yourself on our website or your former company has provided it to us, provided you have given your consent. Your former company will only transfer your contact details (name and e-mail address). You send us your curriculum vitae (CV) in addition to this. |
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Wir verwenden Ihre personenbezogenen Daten zur Durchführung von Outplacement-, Karriere-, Redeployment-Beratungen oder Worklife Coachings. Genauer gesagt verwenden wir Ihre persönlichen Daten, um je nach vereinbarter Dienstleistung und, falls zutreffend, 1. einen Dienstleistungsvertrag mit Ihrem früheren, gegenwärtigen oder potenzieller Arbeitgeber abzuschließen; 2. um die mit Ihnen oder und/oder mit Ihren früheren, gegenwärtigen oder potenzieller Arbeitgeber vereinbarte Dienstleistung zu erbringen; 3. Ihnen Angebote zu unterbreiten und/oder Informationen über die vereinbarten Dienstleistungen, um diese besser auf Ihre Wünsche abstimmen zu können; 4. Ihre Kompetenzen zu evaluieren und/oder zu stärken und sie langfristig zu verbessern. Hierbei unterstützen Ergebnisse von Tests, die wir Ihnen zur Verfügung stellen (Persönlichkeitstests, Assessments, videogestützte Bewerbungstrainings); 5. Ihre persönliche Entwicklung zu fördern, indem Sie an Workshops bei Randstad RiseSmart teilnehmen; 6. Erfüllung der Managementziele, einschließlich der Bereitstellung von Managementinformationen, Durchführung interner Kontrollen zur Verhinderung von Betrug und zur Durchführung von internen und/oder externen Audits; 7. sofern wir rechtliche Verpflichtungen einhalten und nachweisen müssen; 8. Ihnen die Nutzung der Randstad RiseSmart-Technologie (Spotlight und alle zugehörige Software) zu ermöglichen, sofern gewünscht; 9. Wir teilen Ihren Lebenslauf / Profil mit verbundenen Unternehmen des Randstad Konzerns zur Vorstellung des Profils bei ausgewählten Kundenunternehmen; | We use your personal data to carry out outplacement/career/redeployment counseling or worklife coaching. More specifically, we use your personal data in order to perform the following activities, depending on the agreed service, and if applicable: 1. Enter into a service contract with your former, current or potential employer; 2. render the service agreed with you and/or your former, current or potential employer; 3. provide you with offers and/or information about the agreed services in order to better tailor them to your wishes; 4. evaluate and/or strengthen their skills and improve them in the long term. The results of tests that we make available to you (personality tests, assessments, video-supported application training) serve to support this; 5. further your personal development by letting you participate in Randstad RiseSmart workshops; 6. meet management objectives, such as providing management information, implementing internal controls to prevent fraud and conducting internal and/or external audits; 7. if we have to comply with and provide evidence of legal obligations; 8. enable you to use Randstad RiseSmart technology (Spotlight and all associated software), if desired; 9. we share your CV / profile with affiliated companies of the Randstad Group to present your profile to selected client companies. |
Rechtsgrundlagen: | Legal basis: |
Rechtsgrundlage für die Verarbeitungen von Nr. 1., 2., 3., 4., 5., 8. und 9. ist Art. 6 Abs. 1 lit. b DSGVO. Die Verarbeitung ist für die Erfüllung eines Vertrags, dessen Vertragspartei die betroffene Person ist, oder zur Durchführung vorvertraglicher Maßnahmen erforderlich, die auf Anfrage der betroffenen Person erfolgen. Rechtsgrundlage für die Verarbeitung Nr. 6 ist unser berechtigtes Interesse nach Art.6 Abs. 1 lit f DSGVO. Rechtsgrundlage für die Verarbeitung Nr. 7 ist Art. 6 Abs 1 lit. c DSGVO. | The legal basis for the processing of no. 1, 2, 3, 4, 5, 8 and 9 is Art. 6 para. 1 b GDPR. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. The legal basis for processing of no. 6 is our legitimate interest pursuant to Art. 6 para. 1 f GDPR. The legal basis for processing no. 7 is Art. 6 para. 1 c GDPR. |
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(1) Interne Stellen bei Randstad RiseSmart zur Bearbeitung und Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings. (2) Potentielle Arbeitgeber/Unternehmen im Rahmen der Outplacement-Beratung zur Ermittlung einer geeigneten Stelle. (3) Verbundene Unternehmen des Randstad Konzerns zur Unterstützung bei der Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings. (4) Dienstleister aus anderen Randstad Gesellschaften, wobei Second und Third-Level Support durch Randstad Gesellschaften in den USA und Indien erbracht werden. Mit diesen Auftragsverarbeitern wurden EU-Standard Vertragsklauseln abgeschlossen, um ein angemessenes Schutzniveau zu gewährleisten. | (1) Internal functions at Randstad RiseSmart for the processing and implementation of outplacement/career/redeployment counseling or worklife coaching. (2) Potential employers/companies within the scope of outplacement counseling to identify a suitable position. (3) Affiliated companies of the Randstad Group, in order to support processing and implementation of outplacement/career/redeployment counseling or worklife coaching. (4) Service providers from other Randstad companies, whereby second and third level support is provided by Randstad companies in the USA and India. EU standard contractual clauses have been concluded with these processors to ensure an appropriate level of protection. |
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Wir garantieren den Zugang zu Spotlight und den Teilnehmerdaten inkl. der Ergebnisse von Workshops, Trainings und eLearnings etc. für die Dauer von 2 Jahre ab Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde. Ihre Daten werden danach zeitnah gelöscht. | We guarantee access to Spotlight and the participant data including the results of workshops, training courses and eLearning sessions, etc., for a period of 2 years from the end of the calendar year in which the contract ends or your account is terminated by you. Your data will then be deleted promptly. |
Stand: Januar 2024 | Last amended: January 2024 |
Effective July 11th 2024 to July 16th 2024
DownloadTable of Contents
Datenschutzerklärung für Randstad RiseSmart
(Outplacement, Karriereberatung, Redeployment, Worklife Coaching)
Bei Randstad RiseSmart legen wir großen Wert auf den Schutz der persönlichen Privatsphäre aller Menschen, deren Daten wir erheben und verarbeiten. Wir behandeln und schützen diese Daten mit größter Sorgfalt. Wir tun alles, um die uns zur Verfügung gestellten Daten vor Verlust, Veröffentlichung, unbefugten Zugriff oder unsachgemäße Nutzung zu schützen. In dieser Datenschutzerklärung erläutern wir Ihnen, wer wir sind und warum wir Ihre persönlichen Daten benötigen, welche Daten wir zusammenstellen und wie lange wir sie speichern, an wen die Daten eventuell weitergegeben werden, Ihre Rechte und wie Sie sie geltend machen können.
Diese Datenschutzerklärung ist für Sie bestimmt, wenn:
Sie an einem Outplacement-/Karriereberatungs-/ Redeployment-Programm oder Worklife Coaching bei Randstad RiseSmart teilnehmen, nachdem Sie ein entsprechendes Angebot angenommen haben bei (der Beschäftigungseinheit von) Ihrem (früheren) Arbeitgeber.
A. Allgemeines
- Name und Anschrift der Verantwortlichen Stelle und des Datenschutzbeauftragten.
Der Verantwortliche im Sinne der Datenschutz-Grundverordnung (DSGVO) und anderer nationaler Datenschutzgesetze der Mitgliedstaaten sowie sonstiger datenschutzrechtlicher Bestimmungen ist die:
Randstad RiseSmart GmbH (nachfolgend Randstad RiseSmart)
Kasernenstraße 49
40213 Düsseldorf
Deutschland
Fon: +49 211 55867-60
E-Mail: info@randstadrisesmart.de
Unseren Datenschutzbeauftragten erreichen Sie unter datenschutz@randstadrisesmart.de oder unserer Postadresse mit dem Zusatz „Der Datenschutzbeauftragte“.
- Ihre Rechte
Wenn Sie uns personenbezogene Daten zur Verfügung stellen, sind Sie Betroffener i.S.d. DSGVO und es stehen Ihnen folgende Rechte gegenüber Randstad RiseSmart zu:
- Recht auf Auskunft,
- Recht auf Berichtigung oder Löschung,
- Recht auf Einschränkung der Verarbeitung,
- Recht auf Widerspruch gegen die Verarbeitung,
- Recht auf Datenübertragbarkeit.
Ihre Rechte machen Sie uns gegenüber bitte unter Verwendung der E-Mail-Anschrift datenschutz@randstadrisesmart.de geltend.
Sie haben zudem das Recht, sich bei einer Datenschutzaufsichtsbehörde über die Verarbeitung Ihrer personenbezogenen Daten durch uns zu beschweren.
B. Datenverarbeitung bei Besuch unserer Website
- Browserdaten
1. Beschreibung und Umfang der Datenverarbeitung
Wenn Sie unsere Website betrachten möchten, erheben wir die folgenden Daten:
(1) Informationen über Browsertyp und die verwendete Sprache sowie Version
(2) Ihr Betriebssystem und Displayauflösung
(3) Ihren Internet-Service-Provider
(4) Ihre IP-Adresse
(5) Datum und Uhrzeit Ihres Zugriffs
(6) Zeitzonendifferenz zur Greenwich Mean Time (GMT)
(7) Inhalt der Anforderung (konkrete Seite)
(8) Zugriffsstatus/HTTP-Statuscode
(9) jeweils übertragene Datenmenge
(10) Websites, von denen Sie auf unsere Internetseite gelangt sind.
Wenn Sie einen Benutzer-Account für unsere Website besitzen, werden diese Daten zusammen mit den Daten gespeichert, die Sie uns zur Verfügung gestellt haben.
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Diese Daten sind für uns technisch erforderlich, um Ihnen unsere Website anzuzeigen und die Stabilität und Sicherheit zu gewährleisten. Rechtsgrundlage ist Art. 6 Abs. 1 S. 1 lit. f DSGVO.
3. Dauer der Speicherung
Diese Daten werden gelöscht, sobald Sie unsere Dienstleistungen nicht mehr in Anspruch nehmen.
- Verwendung von Cookies
Unsere Website verwendet Cookies. Bei Cookies handelt es sich um Textdateien, die im Internetbrowser bzw. vom Internet Browser auf dem Computersystem des Nutzers gespeichert werden. Ruft ein Nutzer eine Website auf, so kann ein Cookie auf dem Betriebssystem des Nutzers gespeichert werden. Dieser Cookie enthält eine charakteristische Zeichenfolge, die eine eindeutige Identifizierung des Browsers beim erneuten Aufrufen der Website ermöglicht. Cookies dienen dazu, das Internetangebot insgesamt nutzerfreundlicher und effektiver zu machen.
Unbedingt erforderliche Cookies
Diese Cookies sind unerlässlich, damit Sie sich auf der Website bewegen und deren Funktionen nutzen können, z. B. um auf sichere Bereiche der Website zuzugreifen. Ohne diese Cookies können die von Ihnen angeforderten Dienste wie die Anmeldung oder das Ausfüllen von Formularen nicht genutzt werden.
Über Ihren Browser können Sie diese Cookies blockieren, allerdings können Sie dann nicht den vollen Funktionsumfang der Website nutzen. Diese Cookies speichern keinerlei personenbezogene Informationen. Sie können die gesetzten Cookies zudem über den eingesetzten Browser löschen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
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OptanonConsent | apps.risesmart.de | Dieses Cookie wird von der Cookie-Compliance-Lösung von OneTrust gesetzt. Es speichert Informationen über die Kategorien von Cookies, die die Website verwendet, und darüber, ob Besucher ihre Zustimmung zur Verwendung der einzelnen Kategorien gegeben oder zurückgezogen haben. Dies ermöglicht es den Eigentümern der Website zu verhindern, dass Cookies in jeder Kategorie im Browser des Benutzers gesetzt werden, wenn keine Zustimmung erteilt wird. Das Cookie hat eine normale Lebensdauer von einem Jahr, so dass die Präferenzen von wiederkehrenden Besuchern wiedererkannt werden. Es enthält keine Informationen, die den Website-Besucher identifizieren können. | 1 Jahr |
OptanonAlertBoxClosed | apps.risesmart.de | Dieses Cookie wird von Websites gesetzt, die bestimmte Versionen der Cookie-Compliance Lösung von OneTrust verwenden. Es wird gesetzt nachdem Besucher einen Cookie-Informationshinweis gesehen haben und in einigen Fällen nur, wenn sie den Hinweis aktiv schließen. Es ermöglicht es der Website, die Mitteilung einem Benutzer nur einmal anzuzeigen. Das Cookie hat eine Lebensdauer von einem Jahr und enthält keine persönlichen Informationen. | 1 Jahr |
JSESSIONID | apps.risesmart.de | Das Cookie JSESSIONID wird von J2EE Web Anwendungen zum Session-Tracking verwendet. | Dauer der Session |
AWSELB | apps.risesmart.de | Das Cookie AWSELB wird verwendet, um die Web-Session auf der jeweilige Instanz abzubilden (Lastverteilung). | Dauer der Session |
locale_cookie | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
app_locale | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
Performance Cookies
Performance Cookies erlauben uns die Besuche auf unserer Website zu erfassen und deren Ursprung. Wir nutzen diese Informationen, um die Performance unserer Website zu verbessern. Wir können dadurch herausfinden, welche Seiten häufiger oder seltener genutzt werden.
Alle Informationen, die diese Cookies sammeln, werden aggregiert und sind somit anonym. Wenn Sie diese Cookies nicht zulassen, sind wir nicht in der Lage festzustellen, wann Sie unsere Website besuchen und wir können deren Performance nicht messen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
_gid | apps.risesmart.de | Dieses Cookie ist mit Google Universal Analytics verknüpft. Es speichert und aktualisiert einen eindeutigen Wert für jede besuchte Seite. | 1 Tag |
_ga | apps.risesmart.de | Dieses Cookie von Google Universal Analytics wird verwendet, um eindeutige Nutzer zu unterscheiden, indem eine zufällig generierte Zahl als Kundenidentifikator zugewiesen wird. Es ist in jeder Seitenanforderung auf einer Website enthalten und wird zur Berechnung von Besucher-, Sitzungs- und Kampagnendaten für die Analyseberichte der Websites verwendet. Standardmäßig ist es so eingestellt, dass es nach 2 Jahren abläuft. | 2 Jahre |
_gat | apps.risesmart.de | Dieses Cookie wird von Google Universal Analytics genutzt und zur Drosselung der Anforderungsrate verwendet, wodurch die Datenerfassung auf stark frequentierten Websites eingeschränkt wird. Dieses Cookie läuft nach 10 Minuten ab. | 10 Minuten |
Funktionelle Cookies
Diese Cookies ermöglichen es der Website, erweiterte Funktionen und eine Personalisierung bereitzustellen. Sie können von uns oder von Drittanbietern festgelegt werden, deren Dienste wir unseren Seiten hinzugefügt haben. Wenn Sie diese Cookies nicht zulassen, funktionieren einige oder alle dieser Dienste möglicherweise nicht ordnungsgemäß.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
appname_encrypteduserId_tenantId_appGroup | apps.risesmart.de | Dieses Cookie wird von der Anwendung erstellt, um den Status der Vertragsprozesse, unterstützt durch Pactsafe, zu verfolgen. | 15 Tag |
Cookies für Marketingzwecke
Diese Cookies werden entweder von uns oder durch unsere Marketingpartner gesetzt. Sie können von diesen Partnern genutzt werden, um Interessenprofile zu generieren und auf Sie zugeschnittene Werbung zu ermöglichen.
Die Cookies speichern keine direkten personenbezogenen Informationen, basieren aber auf anderen eindeutigen Identifikatoren, wie Ihren Browser oder ihr Device. Wenn Sie diese Cookies nicht erlauben, wird die Werbung weniger zielgruppen-orientiert stattfinden.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
YSC | apps.risesmart.de | Dieses Cookie wird vom YouTube-Videodienst auf Seiten mit eingebettetem YouTube-Video gesetzt. | Dauer der Session |
test_cookie | apps.risesmart.de | Dieses Cookie wird von DoubleClick (eine Marke von Google) gesetzt, um festzustellen, ob der Browser des Website-Besuchers Cookies unterstützt. Dieses Cookie enthält Informationen darüber, wie der Endbenutzer die Website nutzt und welche Werbung der Endbenutzer vor dem Besuch der genannten Website gesehen hat. | N/A |
VISITOR_INFO1_LIVE | apps.risesmart.de | Das von YouTube gesetzte Cookie misst die Bandbreite, um festzustellen, ob Sie die neue oder die alte Player-Schnittstelle nutzen können. | 240 Tage |
IDE | apps.risesmart.de | Das Cookie wird zur Optimierung der Werbung verwendet. In der Regel wird es genutzt, um die Werbung auf die für einen Benutzer relevanten Inhalte auszurichten, die Performance der Kampagne zu verbessern und Werbung zu vermeiden, die der Benutzer bereits gesehen hat. | 13 Monate |
GPS | apps.risesmart.de | Dieses Cookie wird von YouTube genutzt, um Nutzerdaten über in Websites eingebettete Videos zu sammeln, die mit Profildaten aus anderen Google-Diensten aggregiert werden, um gezielte Werbung für Website-Besucher anzuzeigen. | 30 Minuten |
DFTT_END_USER_PREV_BOOTSTRAPPED | apps.risesmart.de | Das Cookie wird von Drift platziert, um den letzten Besuch zu speichern. | 2 Jahre |
driftt_aid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Benutzer-ID zu speichern. | 2 Jahre |
driftt_sid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Sitzungs-ID zu speichern. | 2 Jahre |
client-origin | apps.risesmart.de | Das Cookie wird von PayScale genutzt zur Bestimmung der Herkunft des Kunden. Mögliche Werte sind EU und Non-EU. | Dauer der Session |
ai_user | apps.risesmart.de | Das Cookie wird von PayScale genutzt und sammelt statistische Nutzungs- und Telemetrie Informationen zu Anwendungen. | 1 Jahr |
_dc_gtm_* | apps.risesmart.de | Das Cookie stammt von PayScale. Es wird via Google Analytics genutzt und sammelt Informationen darüber, wie Payscale-Besucher die Payscale-Website nutzen. | 2 Jahre |
_salarycalc-csrf | apps.risesmart.de | Das Session-Cookie dient dem CSRF-Schutz (Schutz vor einer Website-übergreifenden Anfragefälschung), erstellt von Payscale für die Funktion Gehaltsrechner. | Dauer der Session |
wm_load_* | apps.risesmart.de | Der WalkMe Player speichert Daten zur Aufrechterhaltung des WalkMe Player-Status, zur Überwachung der Zusammenstellung der Walk-Thru-Wiedergabe und zur Erfassung von Analysen. Zu diesem Zweck verwendet WalkMe First-Party-Cookies, Third-Party-Cookies (lokale Speicherung) und First-Party-Local-Speicher. Es werden keine persönlichen Daten gespeichert und keine Informationen über die Nutzung der Website durch die Nutzer überwacht. | N/A |
Zweck und Rechtsgrundlage
Der Zweck der technisch notwendigen Cookies ist, die Nutzung von Websites für die Nutzer zu vereinfachen. Die Verwendung von Analyse-Cookies erfolgt zu dem Zweck, die Qualität unserer Website und ihre Inhalte zu verbessern. Durch die Performance Cookies, die funktionellen Cookies und die Cookies für Marketingzwecke erfahren wir, wie die Website genutzt wird und können so unser Angebot stetig optimieren. Einige Funktionen unserer Internetseite können ohne den Einsatz von Cookies nicht angeboten werden. Für diese ist es erforderlich, dass der Browser auch nach einem Seitenwechsel wiedererkannt wird. In diesen Zwecken liegt auch unser berechtigtes Interesse in der Verarbeitung der personenbezogenen Daten nach Art. 6 Abs. 1 lit. f DSGVO (Rechtsgrundlage).
C. Datenverarbeitung bei Outplacement-, Karriere-, Redeployment-Beratung oder Worklife Coaching
1. Beschreibung und Umfang der Datenverarbeitung
Wir erheben Ihre personenbezogenen Daten, sobald Sie diese auf unserer Website selbst eingeben oder Ihr früheres Unternehmen sie uns, Ihr Einverständnis vorausgesetzt, mitgeteilt hat. Dabei überträgt Ihr früheres Unternehmen lediglich Ihre Kontaktdaten (Name & E-Mail Adresse). Sie übermitteln uns zusätzlich Ihren Lebenslauf (CV).
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Wir verwenden Ihre personenbezogenen Daten zur Durchführung von Outplacement-, Karriere-, Redeployment-Beratungen oder Worklife Coachings.
Genauer gesagt verwenden wir Ihre persönlichen Daten, um je nach vereinbarter Dienstleistung und, falls zutreffend,
1. einen Dienstleistungsvertrag mit Ihrem früheren, gegenwärtigen oder potenzieller Arbeitgeber abzuschließen;
2. um die mit Ihnen oder und/oder mit Ihren früheren, gegenwärtigen oder
potenzieller Arbeitgeber vereinbarte Dienstleistung zu erbringen;
3. Ihnen Angebote zu unterbreiten und/oder Informationen über die vereinbarten
Dienstleistungen, um diese besser auf Ihre Wünsche abstimmen zu können;
4. Ihre Kompetenzen zu evaluieren und/oder zu stärken und sie langfristig zu verbessern. Hierbei unterstützen Ergebnisse von Tests, die wir Ihnen zur Verfügung stellen (Persönlichkeitstests, Assessments, videogestützte Bewerbungstrainings);
5. Ihre persönliche Entwicklung zu fördern, indem Sie an Workshops bei Randstad RiseSmart teilnehmen;
6. Erfüllung der Managementziele, einschließlich der Bereitstellung von Managementinformationen, Durchführung interner Kontrollen zur Verhinderung von Betrug und zur Durchführung von internen und/oder externen Audits;
7. sofern wir rechtliche Verpflichtungen einhalten und nachweisen müssen;
8. Ihnen die Nutzung der Randstad RiseSmart-Technologie (Spotlight und alle zugehörige Software) zu ermöglichen, sofern gewünscht;
9. Wir teilen Ihren Lebenslauf / Profil mit verbundenen Unternehmen des Randstad Konzerns zur Vorstellung des Profils bei ausgewählten Kundenunternehmen;
Rechtsgrundlagen:
Rechtsgrundlage für die Verarbeitungen von Nr. 1., 2., 3., 4., 5., 8. und 9. ist Art. 6 Abs. 1 lit. b DSGVO. Die Verarbeitung ist für die Erfüllung eines Vertrags, dessen Vertragspartei die betroffene Person ist, oder zur Durchführung vorvertraglicher Maßnahmen erforderlich, die auf Anfrage der betroffenen Person erfolgen.
Rechtsgrundlage für die Verarbeitung Nr. 6 ist unser berechtigtes Interesse nach Art.6 Abs. 1 lit f DSGVO.
Rechtsgrundlage für die Verarbeitung Nr. 7 ist Art. 6 Abs 1 lit. c DSGVO.
Empfänger der Daten
(1) Interne Stellen bei Randstad RiseSmart zur Bearbeitung und Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings.
(2) Potentielle Arbeitgeber/Unternehmen im Rahmen der Outplacement-Beratung zur Ermittlung einer geeigneten Stelle.
(3)	Verbundene Unternehmen des Randstad Konzerns zur Unterstützung bei der Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings.
(4) Dienstleister aus anderen Randstad Gesellschaften, wobei Second und Third-Level Support durch Randstad Gesellschaften in den USA und Indien erbracht werden. Mit diesen Auftragsverarbeitern wurden EU-Standard Vertragsklauseln abgeschlossen, um ein angemessenes Schutzniveau zu gewährleisten.
4. Dauer der Speicherung
Wir garantieren den Zugang zu Spotlight und den Teilnehmerdaten inkl. der Ergebnisse von Workshops, Trainings und eLearnings etc. für die Dauer von 3 Jahre ab Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde. Ihre Daten werden danach zeitnah gelöscht.
Stand: Juni 2022
Effective June 1st 2022 to July 11th 2024
DownloadTable of Contents
Datenschutzerklärung für Randstad RiseSmart
(Outplacement, Karriereberatung, Redeployment, Worklife Coaching)
Bei Randstad RiseSmart legen wir großen Wert auf den Schutz der persönlichen Privatsphäre aller Menschen, deren Daten wir erheben und verarbeiten. Wir behandeln und schützen diese Daten mit größter Sorgfalt. Wir tun alles, um die uns zur Verfügung gestellten Daten vor Verlust, Veröffentlichung, unbefugten Zugriff oder unsachgemäße Nutzung zu schützen. In dieser Datenschutzerklärung erläutern wir Ihnen, wer wir sind und warum wir Ihre persönlichen Daten benötigen, welche Daten wir zusammenstellen und wie lange wir sie speichern, an wen die Daten eventuell weitergegeben werden, Ihre Rechte und wie Sie sie geltend machen können.
Diese Datenschutzerklärung ist für Sie bestimmt, wenn:
Sie an einem Outplacement-/Karriereberatungs-/ Redeployment-Programm oder Worklife Coaching bei Randstad RiseSmart teilnehmen, nachdem Sie ein entsprechendes Angebot angenommen haben bei (der Beschäftigungseinheit von) Ihrem (früheren) Arbeitgeber.
A. Allgemeines
- Name und Anschrift der Verantwortlichen Stelle und des Datenschutzbeauftragten.
Der Verantwortliche im Sinne der Datenschutz-Grundverordnung (DSGVO) und anderer nationaler Datenschutzgesetze der Mitgliedstaaten sowie sonstiger datenschutzrechtlicher Bestimmungen ist die:
Randstad RiseSmart GmbH (nachfolgend Randstad RiseSmart)
Kasernenstraße 49
40213 Düsseldorf
Deutschland
Fon: +49 211 55867-60
E-Mail: info@randstadrisesmart.de
Unseren Datenschutzbeauftragten erreichen Sie unter datenschutz@randstadrisesmart.de oder unserer Postadresse mit dem Zusatz „Der Datenschutzbeauftragte“.
- Ihre Rechte
Wenn Sie uns personenbezogene Daten zur Verfügung stellen, sind Sie Betroffener i.S.d. DSGVO und es stehen Ihnen folgende Rechte gegenüber Randstad RiseSmart zu:
- Recht auf Auskunft,
- Recht auf Berichtigung oder Löschung,
- Recht auf Einschränkung der Verarbeitung,
- Recht auf Widerspruch gegen die Verarbeitung,
- Recht auf Datenübertragbarkeit.
Ihre Rechte machen Sie uns gegenüber bitte unter Verwendung der E-Mail-Anschrift datenschutz@randstadrisesmart.de geltend.
Sie haben zudem das Recht, sich bei einer Datenschutzaufsichtsbehörde über die Verarbeitung Ihrer personenbezogenen Daten durch uns zu beschweren.
B. Datenverarbeitung bei Besuch unserer Website
- Browserdaten
1. Beschreibung und Umfang der Datenverarbeitung
Wenn Sie unsere Website betrachten möchten, erheben wir die folgenden Daten:
(1) Informationen über Browsertyp und die verwendete Sprache sowie Version
(2) Ihr Betriebssystem und Displayauflösung
(3) Ihren Internet-Service-Provider
(4) Ihre IP-Adresse
(5) Datum und Uhrzeit Ihres Zugriffs
(6) Zeitzonendifferenz zur Greenwich Mean Time (GMT)
(7) Inhalt der Anforderung (konkrete Seite)
(8) Zugriffsstatus/HTTP-Statuscode
(9) jeweils übertragene Datenmenge
(10) Websites, von denen Sie auf unsere Internetseite gelangt sind.
Wenn Sie einen Benutzer-Account für unsere Website besitzen, werden diese Daten zusammen mit den Daten gespeichert, die Sie uns zur Verfügung gestellt haben.
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Diese Daten sind für uns technisch erforderlich, um Ihnen unsere Website anzuzeigen und die Stabilität und Sicherheit zu gewährleisten. Rechtsgrundlage ist Art. 6 Abs. 1 S. 1 lit. f DSGVO.
3. Dauer der Speicherung
Diese Daten werden gelöscht, sobald Sie unsere Dienstleistungen nicht mehr in Anspruch nehmen.
- Verwendung von Cookies
Unsere Website verwendet Cookies. Bei Cookies handelt es sich um Textdateien, die im Internetbrowser bzw. vom Internet Browser auf dem Computersystem des Nutzers gespeichert werden. Ruft ein Nutzer eine Website auf, so kann ein Cookie auf dem Betriebssystem des Nutzers gespeichert werden. Dieser Cookie enthält eine charakteristische Zeichenfolge, die eine eindeutige Identifizierung des Browsers beim erneuten Aufrufen der Website ermöglicht. Cookies dienen dazu, das Internetangebot insgesamt nutzerfreundlicher und effektiver zu machen.
Unbedingt erforderliche Cookies
Diese Cookies sind unerlässlich, damit Sie sich auf der Website bewegen und deren Funktionen nutzen können, z. B. um auf sichere Bereiche der Website zuzugreifen. Ohne diese Cookies können die von Ihnen angeforderten Dienste wie die Anmeldung oder das Ausfüllen von Formularen nicht genutzt werden.
Über Ihren Browser können Sie diese Cookies blockieren, allerdings können Sie dann nicht den vollen Funktionsumfang der Website nutzen. Diese Cookies speichern keinerlei personenbezogene Informationen. Sie können die gesetzten Cookies zudem über den eingesetzten Browser löschen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
OptanonConsent | apps.risesmart.de | Dieses Cookie wird von der Cookie-Compliance-Lösung von OneTrust gesetzt. Es speichert Informationen über die Kategorien von Cookies, die die Website verwendet, und darüber, ob Besucher ihre Zustimmung zur Verwendung der einzelnen Kategorien gegeben oder zurückgezogen haben. Dies ermöglicht es den Eigentümern der Website zu verhindern, dass Cookies in jeder Kategorie im Browser des Benutzers gesetzt werden, wenn keine Zustimmung erteilt wird. Das Cookie hat eine normale Lebensdauer von einem Jahr, so dass die Präferenzen von wiederkehrenden Besuchern wiedererkannt werden. Es enthält keine Informationen, die den Website-Besucher identifizieren können. | 1 Jahr |
OptanonAlertBoxClosed | apps.risesmart.de | Dieses Cookie wird von Websites gesetzt, die bestimmte Versionen der Cookie-Compliance Lösung von OneTrust verwenden. Es wird gesetzt nachdem Besucher einen Cookie-Informationshinweis gesehen haben und in einigen Fällen nur, wenn sie den Hinweis aktiv schließen. Es ermöglicht es der Website, die Mitteilung einem Benutzer nur einmal anzuzeigen. Das Cookie hat eine Lebensdauer von einem Jahr und enthält keine persönlichen Informationen. | 1 Jahr |
JSESSIONID | apps.risesmart.de | Das Cookie JSESSIONID wird von J2EE Web Anwendungen zum Session-Tracking verwendet. | Dauer der Session |
AWSELB | apps.risesmart.de | Das Cookie AWSELB wird verwendet, um die Web-Session auf der jeweilige Instanz abzubilden (Lastverteilung). | Dauer der Session |
locale_cookie | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
app_locale | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
Performance Cookies
Performance Cookies erlauben uns die Besuche auf unserer Website zu erfassen und deren Ursprung. Wir nutzen diese Informationen, um die Performance unserer Website zu verbessern. Wir können dadurch herausfinden, welche Seiten häufiger oder seltener genutzt werden.
Alle Informationen, die diese Cookies sammeln, werden aggregiert und sind somit anonym. Wenn Sie diese Cookies nicht zulassen, sind wir nicht in der Lage festzustellen, wann Sie unsere Website besuchen und wir können deren Performance nicht messen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
_gid | apps.risesmart.de | Dieses Cookie ist mit Google Universal Analytics verknüpft. Es speichert und aktualisiert einen eindeutigen Wert für jede besuchte Seite. | 1 Tag |
_ga | apps.risesmart.de | Dieses Cookie von Google Universal Analytics wird verwendet, um eindeutige Nutzer zu unterscheiden, indem eine zufällig generierte Zahl als Kundenidentifikator zugewiesen wird. Es ist in jeder Seitenanforderung auf einer Website enthalten und wird zur Berechnung von Besucher-, Sitzungs- und Kampagnendaten für die Analyseberichte der Websites verwendet. Standardmäßig ist es so eingestellt, dass es nach 2 Jahren abläuft. | 2 Jahre |
_gat | apps.risesmart.de | Dieses Cookie wird von Google Universal Analytics genutzt und zur Drosselung der Anforderungsrate verwendet, wodurch die Datenerfassung auf stark frequentierten Websites eingeschränkt wird. Dieses Cookie läuft nach 10 Minuten ab. | 10 Minuten |
Funktionelle Cookies
Diese Cookies ermöglichen es der Website, erweiterte Funktionen und eine Personalisierung bereitzustellen. Sie können von uns oder von Drittanbietern festgelegt werden, deren Dienste wir unseren Seiten hinzugefügt haben. Wenn Sie diese Cookies nicht zulassen, funktionieren einige oder alle dieser Dienste möglicherweise nicht ordnungsgemäß.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
appname_encrypteduserId_tenantId_appGroup | apps.risesmart.de | Dieses Cookie wird von der Anwendung erstellt, um den Status der Vertragsprozesse, unterstützt durch Pactsafe, zu verfolgen. | 15 Tag |
Cookies für Marketingzwecke
Diese Cookies werden entweder von uns oder durch unsere Marketingpartner gesetzt. Sie können von diesen Partnern genutzt werden, um Interessenprofile zu generieren und auf Sie zugeschnittene Werbung zu ermöglichen.
Die Cookies speichern keine direkten personenbezogenen Informationen, basieren aber auf anderen eindeutigen Identifikatoren, wie Ihren Browser oder ihr Device. Wenn Sie diese Cookies nicht erlauben, wird die Werbung weniger zielgruppen-orientiert stattfinden.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
YSC | apps.risesmart.de | Dieses Cookie wird vom YouTube-Videodienst auf Seiten mit eingebettetem YouTube-Video gesetzt. | Dauer der Session |
test_cookie | apps.risesmart.de | Dieses Cookie wird von DoubleClick (eine Marke von Google) gesetzt, um festzustellen, ob der Browser des Website-Besuchers Cookies unterstützt. Dieses Cookie enthält Informationen darüber, wie der Endbenutzer die Website nutzt und welche Werbung der Endbenutzer vor dem Besuch der genannten Website gesehen hat. | N/A |
VISITOR_INFO1_LIVE | apps.risesmart.de | Das von YouTube gesetzte Cookie misst die Bandbreite, um festzustellen, ob Sie die neue oder die alte Player-Schnittstelle nutzen können. | 240 Tage |
IDE | apps.risesmart.de | Das Cookie wird zur Optimierung der Werbung verwendet. In der Regel wird es genutzt, um die Werbung auf die für einen Benutzer relevanten Inhalte auszurichten, die Performance der Kampagne zu verbessern und Werbung zu vermeiden, die der Benutzer bereits gesehen hat. | 13 Monate |
GPS | apps.risesmart.de | Dieses Cookie wird von YouTube genutzt, um Nutzerdaten über in Websites eingebettete Videos zu sammeln, die mit Profildaten aus anderen Google-Diensten aggregiert werden, um gezielte Werbung für Website-Besucher anzuzeigen. | 30 Minuten |
DFTT_END_USER_PREV_BOOTSTRAPPED | apps.risesmart.de | Das Cookie wird von Drift platziert, um den letzten Besuch zu speichern. | 2 Jahre |
driftt_aid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Benutzer-ID zu speichern. | 2 Jahre |
driftt_sid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Sitzungs-ID zu speichern. | 2 Jahre |
client-origin | apps.risesmart.de | Das Cookie wird von PayScale genutzt zur Bestimmung der Herkunft des Kunden. Mögliche Werte sind EU und Non-EU. | Dauer der Session |
ai_user | apps.risesmart.de | Das Cookie wird von PayScale genutzt und sammelt statistische Nutzungs- und Telemetrie Informationen zu Anwendungen. | 1 Jahr |
_dc_gtm_* | apps.risesmart.de | Das Cookie stammt von PayScale. Es wird via Google Analytics genutzt und sammelt Informationen darüber, wie Payscale-Besucher die Payscale-Website nutzen. | 2 Jahre |
_salarycalc-csrf | apps.risesmart.de | Das Session-Cookie dient dem CSRF-Schutz (Schutz vor einer Website-übergreifenden Anfragefälschung), erstellt von Payscale für die Funktion Gehaltsrechner. | Dauer der Session |
wm_load_* | apps.risesmart.de | Der WalkMe Player speichert Daten zur Aufrechterhaltung des WalkMe Player-Status, zur Überwachung der Zusammenstellung der Walk-Thru-Wiedergabe und zur Erfassung von Analysen. Zu diesem Zweck verwendet WalkMe First-Party-Cookies, Third-Party-Cookies (lokale Speicherung) und First-Party-Local-Speicher. Es werden keine persönlichen Daten gespeichert und keine Informationen über die Nutzung der Website durch die Nutzer überwacht. | N/A |
Zweck und Rechtsgrundlage
Der Zweck der technisch notwendigen Cookies ist, die Nutzung von Websites für die Nutzer zu vereinfachen. Die Verwendung von Analyse-Cookies erfolgt zu dem Zweck, die Qualität unserer Website und ihre Inhalte zu verbessern. Durch die Performance Cookies, die funktionellen Cookies und die Cookies für Marketingzwecke erfahren wir, wie die Website genutzt wird und können so unser Angebot stetig optimieren. Einige Funktionen unserer Internetseite können ohne den Einsatz von Cookies nicht angeboten werden. Für diese ist es erforderlich, dass der Browser auch nach einem Seitenwechsel wiedererkannt wird. In diesen Zwecken liegt auch unser berechtigtes Interesse in der Verarbeitung der personenbezogenen Daten nach Art. 6 Abs. 1 lit. f DSGVO (Rechtsgrundlage).
C. Datenverarbeitung bei Outplacement-, Karriere-, Redeployment-Beratung oder Worklife Coaching
1. Beschreibung und Umfang der Datenverarbeitung
Wir erheben Ihre personenbezogenen Daten, sobald Sie diese auf unserer Website selbst eingeben oder Ihr früheres Unternehmen sie uns, Ihr Einverständnis vorausgesetzt, mitgeteilt hat. Dabei überträgt Ihr früheres Unternehmen lediglich Ihre Kontaktdaten (Name & E-Mail Adresse). Sie übermitteln uns zusätzlich Ihren Lebenslauf (CV).
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Wir verwenden Ihre personenbezogenen Daten zur Durchführung von Outplacement-, Karriere-, Redeployment-Beratungen oder Worklife Coachings.
Genauer gesagt verwenden wir Ihre persönlichen Daten, um je nach vereinbarter Dienstleistung und, falls zutreffend,
1. einen Dienstleistungsvertrag mit Ihrem früheren, gegenwärtigen oder potenzieller Arbeitgeber abzuschließen;
2. um die mit Ihnen oder und/oder mit Ihren früheren, gegenwärtigen oder
potenzieller Arbeitgeber vereinbarte Dienstleistung zu erbringen;
3. Ihnen Angebote zu unterbreiten und/oder Informationen über die vereinbarten
Dienstleistungen, um diese besser auf Ihre Wünsche abstimmen zu können;
4. Ihre Kompetenzen zu evaluieren und/oder zu stärken und sie langfristig zu verbessern. Hierbei unterstützen Ergebnisse von Tests, die wir Ihnen zur Verfügung stellen (Persönlichkeitstests, Assessments, videogestützte Bewerbungstrainings);
5. Ihre persönliche Entwicklung zu fördern, indem Sie an Workshops bei Randstad RiseSmart teilnehmen;
6. Erfüllung der Managementziele, einschließlich der Bereitstellung von Managementinformationen, Durchführung interner Kontrollen zur Verhinderung von Betrug und zur Durchführung von internen und/oder externen Audits;
7. sofern wir rechtliche Verpflichtungen einhalten und nachweisen müssen;
8. Ihnen die Nutzung der Randstad RiseSmart-Technologie (Spotlight und alle zugehörige Software) zu ermöglichen, sofern gewünscht;
9. Wir teilen Ihren Lebenslauf / Profil mit verbundenen Unternehmen des Randstad Konzerns zur Vorstellung des Profils bei ausgewählten Kundenunternehmen;
Rechtsgrundlagen:
Rechtsgrundlage für die Verarbeitungen von Nr. 1., 2., 3., 4., 5., 8. und 9. ist Art. 6 Abs. 1 lit. b DSGVO. Die Verarbeitung ist für die Erfüllung eines Vertrags, dessen Vertragspartei die betroffene Person ist, oder zur Durchführung vorvertraglicher Maßnahmen erforderlich, die auf Anfrage der betroffenen Person erfolgen.
Rechtsgrundlage für die Verarbeitung Nr. 6 ist unser berechtigtes Interesse nach Art.6 Abs. 1 lit f DSGVO.
Rechtsgrundlage für die Verarbeitung Nr. 7 ist Art. 6 Abs 1 lit. c DSGVO.
Empfänger der Daten
(1) Interne Stellen bei Randstad RiseSmart zur Bearbeitung und Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings.
(2) Potentielle Arbeitgeber/Unternehmen im Rahmen der Outplacement-Beratung zur Ermittlung einer geeigneten Stelle.
(3)	Verbundene Unternehmen des Randstad Konzerns zur Unterstützung bei der Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings.
(4) Dienstleister aus anderen Randstad Gesellschaften, wobei Second und Third-Level Support durch Randstad Gesellschaften in den USA und Indien erbracht werden. Mit diesen Auftragsverarbeitern wurden EU-Standard Vertragsklauseln abgeschlossen, um ein angemessenes Schutzniveau zu gewährleisten.
4. Dauer der Speicherung
Wir garantieren den Zugang zu Spotlight und den Teilnehmerdaten inkl. der Ergebnisse von Workshops, Trainings und eLearnings etc. für die Dauer von 3 Jahre ab Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde. Ihre Daten werden danach zeitnah gelöscht.
Stand: Juni 2022
Effective June 1st 2022 to June 1st 2022
DownloadTable of Contents
Datenschutzerklärung für Randstad RiseSmart
(Outplacement, Karriereberatung, Redeployment, Worklife Coaching)
Bei Randstad RiseSmart legen wir großen Wert auf den Schutz der persönlichen Privatsphäre aller Menschen, deren Daten wir erheben und verarbeiten. Wir behandeln und schützen diese Daten mit größter Sorgfalt. Wir tun alles, um die uns zur Verfügung gestellten Daten vor Verlust, Veröffentlichung, unbefugten Zugriff oder unsachgemäße Nutzung zu schützen. In dieser Datenschutzerklärung erläutern wir Ihnen, wer wir sind und warum wir Ihre persönlichen Daten benötigen, welche Daten wir zusammenstellen und wie lange wir sie speichern, an wen die Daten eventuell weitergegeben werden, Ihre Rechte und wie Sie sie geltend machen können.
Diese Datenschutzerklärung ist für Sie bestimmt, wenn:
Sie an einem Outplacement-/Karriereberatungs-/ Redeployment-Programm oder Worklife Coaching bei Randstad RiseSmart teilnehmen, nachdem Sie ein entsprechendes Angebot angenommen haben bei (der Beschäftigungseinheit von) Ihrem (früheren) Arbeitgeber.
A. Allgemeines
- Name und Anschrift der Verantwortlichen Stelle und des Datenschutzbeauftragten.
Der Verantwortliche im Sinne der Datenschutz-Grundverordnung (DSGVO) und anderer nationaler Datenschutzgesetze der Mitgliedstaaten sowie sonstiger datenschutzrechtlicher Bestimmungen ist die:
Randstad RiseSmart GmbH (nachfolgend Randstad RiseSmart)
Kasernenstraße 49
40213 Düsseldorf
Deutschland
Fon: +49 211 55867-60
E-Mail: info@randstadrisesmart.de
Unseren Datenschutzbeauftragten erreichen Sie unter datenschutz@randstadrisesmart.de oder unserer Postadresse mit dem Zusatz „Der Datenschutzbeauftragte“.
- Ihre Rechte
Wenn Sie uns personenbezogene Daten zur Verfügung stellen, sind Sie Betroffener i.S.d. DSGVO und es stehen Ihnen folgende Rechte gegenüber Randstad RiseSmart zu:
- Recht auf Auskunft,
- Recht auf Berichtigung oder Löschung,
- Recht auf Einschränkung der Verarbeitung,
- Recht auf Widerspruch gegen die Verarbeitung,
- Recht auf Datenübertragbarkeit.
Ihre Rechte machen Sie uns gegenüber bitte unter Verwendung der E-Mail-Anschrift datenschutz@randstadrisesmart.de geltend.
Sie haben zudem das Recht, sich bei einer Datenschutzaufsichtsbehörde über die Verarbeitung Ihrer personenbezogenen Daten durch uns zu beschweren.
B. Datenverarbeitung bei Besuch unserer Website
- Browserdaten
1. Beschreibung und Umfang der Datenverarbeitung
Wenn Sie unsere Website betrachten möchten, erheben wir die folgenden Daten:
(1) Informationen über Browsertyp und die verwendete Sprache sowie Version
(2) Ihr Betriebssystem und Displayauflösung
(3) Ihren Internet-Service-Provider
(4) Ihre IP-Adresse
(5) Datum und Uhrzeit Ihres Zugriffs
(6) Zeitzonendifferenz zur Greenwich Mean Time (GMT)
(7) Inhalt der Anforderung (konkrete Seite)
(8) Zugriffsstatus/HTTP-Statuscode
(9) jeweils übertragene Datenmenge
(10) Websites, von denen Sie auf unsere Internetseite gelangt sind.
Wenn Sie einen Benutzer-Account für unsere Website besitzen, werden diese Daten zusammen mit den Daten gespeichert, die Sie uns zur Verfügung gestellt haben.
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Diese Daten sind für uns technisch erforderlich, um Ihnen unsere Website anzuzeigen und die Stabilität und Sicherheit zu gewährleisten. Rechtsgrundlage ist Art. 6 Abs. 1 S. 1 lit. f DSGVO.
3. Dauer der Speicherung
Diese Daten werden gelöscht, sobald Sie unsere Dienstleistungen nicht mehr in Anspruch nehmen.
- Verwendung von Cookies
Unsere Website verwendet Cookies. Bei Cookies handelt es sich um Textdateien, die im Internetbrowser bzw. vom Internet Browser auf dem Computersystem des Nutzers gespeichert werden. Ruft ein Nutzer eine Website auf, so kann ein Cookie auf dem Betriebssystem des Nutzers gespeichert werden. Dieser Cookie enthält eine charakteristische Zeichenfolge, die eine eindeutige Identifizierung des Browsers beim erneuten Aufrufen der Website ermöglicht. Cookies dienen dazu, das Internetangebot insgesamt nutzerfreundlicher und effektiver zu machen.
Unbedingt erforderliche Cookies
Diese Cookies sind unerlässlich, damit Sie sich auf der Website bewegen und deren Funktionen nutzen können, z. B. um auf sichere Bereiche der Website zuzugreifen. Ohne diese Cookies können die von Ihnen angeforderten Dienste wie die Anmeldung oder das Ausfüllen von Formularen nicht genutzt werden.
Über Ihren Browser können Sie diese Cookies blockieren, allerdings können Sie dann nicht den vollen Funktionsumfang der Website nutzen. Diese Cookies speichern keinerlei personenbezogene Informationen. Sie können die gesetzten Cookies zudem über den eingesetzten Browser löschen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
OptanonConsent | apps.risesmart.de | Dieses Cookie wird von der Cookie-Compliance-Lösung von OneTrust gesetzt. Es speichert Informationen über die Kategorien von Cookies, die die Website verwendet, und darüber, ob Besucher ihre Zustimmung zur Verwendung der einzelnen Kategorien gegeben oder zurückgezogen haben. Dies ermöglicht es den Eigentümern der Website zu verhindern, dass Cookies in jeder Kategorie im Browser des Benutzers gesetzt werden, wenn keine Zustimmung erteilt wird. Das Cookie hat eine normale Lebensdauer von einem Jahr, so dass die Präferenzen von wiederkehrenden Besuchern wiedererkannt werden. Es enthält keine Informationen, die den Website-Besucher identifizieren können. | 1 Jahr |
OptanonAlertBoxClosed | apps.risesmart.de | Dieses Cookie wird von Websites gesetzt, die bestimmte Versionen der Cookie-Compliance Lösung von OneTrust verwenden. Es wird gesetzt nachdem Besucher einen Cookie-Informationshinweis gesehen haben und in einigen Fällen nur, wenn sie den Hinweis aktiv schließen. Es ermöglicht es der Website, die Mitteilung einem Benutzer nur einmal anzuzeigen. Das Cookie hat eine Lebensdauer von einem Jahr und enthält keine persönlichen Informationen. | 1 Jahr |
JSESSIONID | apps.risesmart.de | Das Cookie JSESSIONID wird von J2EE Web Anwendungen zum Session-Tracking verwendet. | Dauer der Session |
AWSELB | apps.risesmart.de | Das Cookie AWSELB wird verwendet, um die Web-Session auf der jeweilige Instanz abzubilden (Lastverteilung). | Dauer der Session |
locale_cookie | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
app_locale | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
Performance Cookies
Performance Cookies erlauben uns die Besuche auf unserer Website zu erfassen und deren Ursprung. Wir nutzen diese Informationen, um die Performance unserer Website zu verbessern. Wir können dadurch herausfinden, welche Seiten häufiger oder seltener genutzt werden.
Alle Informationen, die diese Cookies sammeln, werden aggregiert und sind somit anonym. Wenn Sie diese Cookies nicht zulassen, sind wir nicht in der Lage festzustellen, wann Sie unsere Website besuchen und wir können deren Performance nicht messen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
_gid | apps.risesmart.de | Dieses Cookie ist mit Google Universal Analytics verknüpft. Es speichert und aktualisiert einen eindeutigen Wert für jede besuchte Seite. | 1 Tag |
_ga | apps.risesmart.de | Dieses Cookie von Google Universal Analytics wird verwendet, um eindeutige Nutzer zu unterscheiden, indem eine zufällig generierte Zahl als Kundenidentifikator zugewiesen wird. Es ist in jeder Seitenanforderung auf einer Website enthalten und wird zur Berechnung von Besucher-, Sitzungs- und Kampagnendaten für die Analyseberichte der Websites verwendet. Standardmäßig ist es so eingestellt, dass es nach 2 Jahren abläuft. | 2 Jahre |
_gat | apps.risesmart.de | Dieses Cookie wird von Google Universal Analytics genutzt und zur Drosselung der Anforderungsrate verwendet, wodurch die Datenerfassung auf stark frequentierten Websites eingeschränkt wird. Dieses Cookie läuft nach 10 Minuten ab. | 10 Minuten |
Funktionelle Cookies
Diese Cookies ermöglichen es der Website, erweiterte Funktionen und eine Personalisierung bereitzustellen. Sie können von uns oder von Drittanbietern festgelegt werden, deren Dienste wir unseren Seiten hinzugefügt haben. Wenn Sie diese Cookies nicht zulassen, funktionieren einige oder alle dieser Dienste möglicherweise nicht ordnungsgemäß.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
appname_encrypteduserId_tenantId_appGroup | apps.risesmart.de | Dieses Cookie wird von der Anwendung erstellt, um den Status der Vertragsprozesse, unterstützt durch Pactsafe, zu verfolgen. | 15 Tag |
Cookies für Marketingzwecke
Diese Cookies werden entweder von uns oder durch unsere Marketingpartner gesetzt. Sie können von diesen Partnern genutzt werden, um Interessenprofile zu generieren und auf Sie zugeschnittene Werbung zu ermöglichen.
Die Cookies speichern keine direkten personenbezogenen Informationen, basieren aber auf anderen eindeutigen Identifikatoren, wie Ihren Browser oder ihr Device. Wenn Sie diese Cookies nicht erlauben, wird die Werbung weniger zielgruppen-orientiert stattfinden.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
YSC | apps.risesmart.de | Dieses Cookie wird vom YouTube-Videodienst auf Seiten mit eingebettetem YouTube-Video gesetzt. | Dauer der Session |
test_cookie | apps.risesmart.de | Dieses Cookie wird von DoubleClick (eine Marke von Google) gesetzt, um festzustellen, ob der Browser des Website-Besuchers Cookies unterstützt. Dieses Cookie enthält Informationen darüber, wie der Endbenutzer die Website nutzt und welche Werbung der Endbenutzer vor dem Besuch der genannten Website gesehen hat. | N/A |
VISITOR_INFO1_LIVE | apps.risesmart.de | Das von YouTube gesetzte Cookie misst die Bandbreite, um festzustellen, ob Sie die neue oder die alte Player-Schnittstelle nutzen können. | 240 Tage |
IDE | apps.risesmart.de | Das Cookie wird zur Optimierung der Werbung verwendet. In der Regel wird es genutzt, um die Werbung auf die für einen Benutzer relevanten Inhalte auszurichten, die Performance der Kampagne zu verbessern und Werbung zu vermeiden, die der Benutzer bereits gesehen hat. | 13 Monate |
GPS | apps.risesmart.de | Dieses Cookie wird von YouTube genutzt, um Nutzerdaten über in Websites eingebettete Videos zu sammeln, die mit Profildaten aus anderen Google-Diensten aggregiert werden, um gezielte Werbung für Website-Besucher anzuzeigen. | 30 Minuten |
DFTT_END_USER_PREV_BOOTSTRAPPED | apps.risesmart.de | Das Cookie wird von Drift platziert, um den letzten Besuch zu speichern. | 2 Jahre |
driftt_aid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Benutzer-ID zu speichern. | 2 Jahre |
driftt_sid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Sitzungs-ID zu speichern. | 2 Jahre |
client-origin | apps.risesmart.de | Das Cookie wird von PayScale genutzt zur Bestimmung der Herkunft des Kunden. Mögliche Werte sind EU und Non-EU. | Dauer der Session |
ai_user | apps.risesmart.de | Das Cookie wird von PayScale genutzt und sammelt statistische Nutzungs- und Telemetrie Informationen zu Anwendungen. | 1 Jahr |
_dc_gtm_* | apps.risesmart.de | Das Cookie stammt von PayScale. Es wird via Google Analytics genutzt und sammelt Informationen darüber, wie Payscale-Besucher die Payscale-Website nutzen. | 2 Jahre |
_salarycalc-csrf | apps.risesmart.de | Das Session-Cookie dient dem CSRF-Schutz (Schutz vor einer Website-übergreifenden Anfragefälschung), erstellt von Payscale für die Funktion Gehaltsrechner. | Dauer der Session |
wm_load_* | apps.risesmart.de | Der WalkMe Player speichert Daten zur Aufrechterhaltung des WalkMe Player-Status, zur Überwachung der Zusammenstellung der Walk-Thru-Wiedergabe und zur Erfassung von Analysen. Zu diesem Zweck verwendet WalkMe First-Party-Cookies, Third-Party-Cookies (lokale Speicherung) und First-Party-Local-Speicher. Es werden keine persönlichen Daten gespeichert und keine Informationen über die Nutzung der Website durch die Nutzer überwacht. | N/A |
Zweck und Rechtsgrundlage
Der Zweck der technisch notwendigen Cookies ist, die Nutzung von Websites für die Nutzer zu vereinfachen. Die Verwendung von Analyse-Cookies erfolgt zu dem Zweck, die Qualität unserer Website und ihre Inhalte zu verbessern. Durch die Performance Cookies, die funktionellen Cookies und die Cookies für Marketingzwecke erfahren wir, wie die Website genutzt wird und können so unser Angebot stetig optimieren. Einige Funktionen unserer Internetseite können ohne den Einsatz von Cookies nicht angeboten werden. Für diese ist es erforderlich, dass der Browser auch nach einem Seitenwechsel wiedererkannt wird. In diesen Zwecken liegt auch unser berechtigtes Interesse in der Verarbeitung der personenbezogenen Daten nach Art. 6 Abs. 1 lit. f DSGVO (Rechtsgrundlage).
C. Datenverarbeitung bei Outplacement-, Karriere-, Redeployment-Beratung oder Worklife Coaching
1. Beschreibung und Umfang der Datenverarbeitung
Wir erheben Ihre personenbezogenen Daten, sobald Sie diese auf unserer Website selbst eingeben oder Ihr früheres Unternehmen sie uns, Ihr Einverständnis vorausgesetzt, mitgeteilt hat. Dabei überträgt Ihr früheres Unternehmen lediglich Ihre Kontaktdaten (Name & E-Mail Adresse). Sie übermitteln uns zusätzlich Ihren Lebenslauf (CV).
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Wir verwenden Ihre personenbezogenen Daten zur Durchführung von Outplacement-, Karriere-, Redeployment-Beratungen oder Worklife Coachings.
Genauer gesagt verwenden wir Ihre persönlichen Daten, um je nach vereinbarter Dienstleistung und, falls zutreffend,
1. einen Dienstleistungsvertrag mit Ihrem früheren, gegenwärtigen oder potenzieller Arbeitgeber abzuschließen;
2. um die mit Ihnen oder und/oder mit Ihren früheren, gegenwärtigen oder
potenzieller Arbeitgeber vereinbarte Dienstleistung zu erbringen;
3. Ihnen Angebote zu unterbreiten und/oder Informationen über die vereinbarten
Dienstleistungen, um diese besser auf Ihre Wünsche abstimmen zu können;
4. Ihre Kompetenzen zu evaluieren und/oder zu stärken und sie langfristig zu verbessern. Hierbei unterstützen Ergebnisse von Tests, die wir Ihnen zur Verfügung stellen (Persönlichkeitstests, Assessments, videogestützte Bewerbungstrainings);
5. Ihre persönliche Entwicklung zu fördern, indem Sie an Workshops bei Randstad RiseSmart teilnehmen;
6. Erfüllung der Managementziele, einschließlich der Bereitstellung von Managementinformationen, Durchführung interner Kontrollen zur Verhinderung von Betrug und zur Durchführung von internen und/oder externen Audits;
7. sofern wir rechtliche Verpflichtungen einhalten und nachweisen müssen;
8. Ihnen die Nutzung der Randstad RiseSmart-Technologie (Spotlight und alle zugehörige Software) zu ermöglichen, sofern gewünscht;
9. Wir teilen Ihren Lebenslauf / Profil mit verbundenen Unternehmen des Randstad Konzerns zur Vorstellung des Profils bei ausgewählten Kundenunternehmen;
Rechtsgrundlagen:
Rechtsgrundlage für die Verarbeitungen von Nr. 1., 2., 3., 4., 5., 8. und 9. ist Art. 6 Abs. 1 lit. b DSGVO. Die Verarbeitung ist für die Erfüllung eines Vertrags, dessen Vertragspartei die betroffene Person ist, oder zur Durchführung vorvertraglicher Maßnahmen erforderlich, die auf Anfrage der betroffenen Person erfolgen.
Rechtsgrundlage für die Verarbeitung Nr. 6 ist unser berechtigtes Interesse nach Art.6 Abs. 1 lit f DSGVO.
Rechtsgrundlage für die Verarbeitung Nr. 7 ist Art. 6 Abs 1 lit. c DSGVO.
Empfänger der Daten
(1) Interne Stellen bei Randstad RiseSmart zur Bearbeitung und Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings.
(2) Potentielle Arbeitgeber/Unternehmen im Rahmen der Outplacement-Beratung zur Ermittlung einer geeigneten Stelle.
(3)	Verbundene Unternehmen des Randstad Konzerns zur Unterstützung bei der Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings.
(4) Dienstleister aus anderen Randstad Gesellschaften, wobei Second und Third-Level Support durch Randstad Gesellschaften in den USA und Indien erbracht werden. Mit diesen Auftragsverarbeitern wurden EU-Standard Vertragsklauseln abgeschlossen, um ein angemessenes Schutzniveau zu gewährleisten.
4. Dauer der Speicherung
Wir garantieren den Zugang zu Spotlight und den Teilnehmerdaten inkl. der Ergebnisse von Workshops, Trainings und eLearnings etc. für die Dauer von 3 Jahre ab Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde. Ihre Daten werden danach zeitnah gelöscht.
Stand: Juni 2022
Effective October 6th 2021 to June 1st 2022
DownloadTable of Contents
Datenschutzerklärung für Mühlenhoff
(Outplacement, Karriereberatung, Redeployment)
Bei Mühlenhoff legen wir großen Wert auf den Schutz der persönlichen Privatsphäre aller Menschen, deren Daten wir erheben und verarbeiten. Wir behandeln und schützen diese Daten mit größter Sorgfalt. Wir tun alles, um die uns zur Verfügung gestellten Daten vor Verlust, Veröffentlichung, unbefugten Zugriff oder unsachgemäße Nutzung zu schützen. In dieser Datenschutzerklärung erläutern wir Ihnen, wer wir sind und warum wir Ihre persönlichen Daten benötigen, welche Daten wir zusammenstellen und wie lange wir sie speichern, an wen die Daten eventuell weitergegeben werden, Ihre Rechte und wie Sie sie geltend machen können.
Diese Datenschutzerklärung ist für Sie bestimmt, wenn:
Sie an einem Outplacement-Programm bei Mühlenhoff teilnehmen (Outplacement),
nachdem Sie ein Outplacement-Angebot angenommen haben bei (der Beschäftigungseinheit von) Ihrem früheren Arbeitgeber.
A. Allgemeines
- Name und Anschrift der Verantwortlichen Stelle und des Datenschutzbeauftragten.
Der Verantwortliche im Sinne der Datenschutz-Grundverordnung (DSGVO) und anderer nationaler Datenschutzgesetze der Mitgliedstaaten sowie sonstiger datenschutzrechtlicher Bestimmungen ist die:
Mühlenhoff + Partner GmbH (nachfolgend Mühlenhoff)
Wallstraße 16
40213 Düsseldorf
Deutschland
Fon: +49 211 55867-60
E-Mail: info@muehlenhoff.com
Unseren Datenschutzbeauftragten erreichen Sie unter datenschutz@muehlenhoff.com oder unserer Postadresse mit dem Zusatz „Der Datenschutzbeauftragte“.
- Ihre Rechte
Wenn Sie uns personenbezogene Daten zur Verfügung stellen, sind Sie Betroffener i.S.d. DSGVO und es stehen Ihnen folgende Rechte gegenüber Mühlenhoff zu:
- Recht auf Auskunft,
- Recht auf Berichtigung oder Löschung,
- Recht auf Einschränkung der Verarbeitung,
- Recht auf Widerspruch gegen die Verarbeitung,
- Recht auf Datenübertragbarkeit.
Ihre Rechte machen Sie uns gegenüber bitte unter Verwendung der E-Mail-Anschrift datenschutz@muehlenhoff.com geltend.
Sie haben zudem das Recht, sich bei einer Datenschutz Aufsichtsbehörde über die Verarbeitung Ihrer personenbezogenen Daten durch uns zu beschweren.
B. Datenverarbeitung bei Besuch unserer Webseite
- Browserdaten
1. Beschreibung und Umfang der Datenverarbeitung
Wenn Sie unsere Webseite betrachten möchten, erheben wir die folgenden Daten:
(1) Informationen über Browsertyp und die verwendete Sprache sowie Version
(2) Ihr Betriebssystem und Displayauflösung
(3) Ihren Internet-Service-Provider
(4) Ihre IP-Adresse
(5) Datum und Uhrzeit Ihres Zugriffs
(6) Zeitzonendifferenz zur Greenwich Mean Time (GMT)
(7) Inhalt der Anforderung (konkrete Seite)
(8) Zugriffsstatus/HTTP-Statuscode
(9) jeweils übertragene Datenmenge
(10) Webseiten, von denen Sie auf unsere Internetseite gelangt sind.
Wenn Sie einen Benutzer-Account für unsere WebSeite besitzen, werden diese Daten zusammen mit den Daten gespeichert, die Sie uns zur Verfügung gestellt haben.
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Diese Daten sind für uns technisch erforderlich, um Ihnen unsere Webseite anzuzeigen und die Stabilität und Sicherheit zu gewährleisten. Rechtsgrundlage ist Art. 6 Abs. 1 S. 1 lit. f DSGVO.
3. Dauer der Speicherung
Diese Daten werden gelöscht, sobald Sie unsere Dienstleistungen nicht mehr in Anspruch nehmen.
- Verwendung von Cookies
Unsere Webseite verwendet Cookies. Bei Cookies handelt es sich um Textdateien, die im Internetbrowser bzw. vom Internet Browser auf dem Computersystem des Nutzers gespeichert werden. Ruft ein Nutzer eine Webseite auf, so kann ein Cookie auf dem Betriebssystem des Nutzers gespeichert werden. Dieser Cookie enthält eine charakteristische Zeichenfolge, die eine eindeutige Identifizierung des Browsers beim erneuten Aufrufen der Webseite ermöglicht. Cookies dienen dazu, das Internetangebot insgesamt nutzerfreundlicher und effektiver zu machen.
Unbedingt erforderliche Cookies
Diese Cookies sind unerlässlich, damit Sie sich auf der Website bewegen und deren Funktionen nutzen können, z. B. um auf sichere Bereiche der Website zuzugreifen. Ohne diese Cookies können die von Ihnen angeforderten Dienste wie die Anmeldung oder das Ausfüllen von Formularen
Über Ihren Browser können Sie diese Cookies blockieren, allerdings können Sie dann nicht den vollen Funktionsumfang der Webseite nutzen. Diese Cookies speichern keinerlei personenbezogene Informationen. Sie können die gesetzten Cookies zudem über den eingesetzten Browser löschen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
OptanonConsent | apps.risesmart.de | Dieses Cookie wird von der Cookie-Compliance-Lösung von OneTrust gesetzt. Es speichert Informationen über die Kategorien von Cookies, die die Website verwendet, und darüber, ob Besucher ihre Zustimmung zur Verwendung der einzelnen Kategorien gegeben oder zurückgezogen haben. Dies ermöglicht es den Eigentümern der Website zu verhindern, dass Cookies in jeder Kategorie im Browser des Benutzers gesetzt werden, wenn keine Zustimmung erteilt wird. Das Cookie hat eine normale Lebensdauer von einem Jahr, so dass die Präferenzen von wiederkehrenden Besuchern wiedererkannt werden. Es enthält keine Informationen, die den Website-Besucher identifizieren können. | 1 Jahr |
OptanonAlertBoxClosed | apps.risesmart.de | Dieses Cookie wird von Webseiten gesetzt, die bestimmte Versionen der Cookie-Compliance Lösung von OneTrust verwenden. Es wird gesetzt nachdem Besucher einen Cookie-Informationshinweis gesehen haben und in einigen Fällen nur, wenn sie den Hinweis aktiv schließen. Es ermöglicht es der Website, die Mitteilung einem Benutzer nur einmal anzuzeigen. Das Cookie hat eine Lebensdauer von einem Jahr und enthält keine persönlichen Informationen. | 1 Jahr |
JSESSIONID | apps.risesmart.de | Das Cookie JSESSIONID wird von J2EE Web Anwendungen zum Session-Tracking verwendet. | Dauer der Session |
AWSELB | apps.risesmart.de | Das Cookie AWSELB wird verwendet, um die Web-Session auf der jeweilige Instanz abzubilden (Lastverteilung). | Dauer der Session |
locale_cookie | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
app_locale | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
Performance Cookies
Performance Cookies erlauben uns die Besuche auf unserer WebSeite zu erfassen und deren Ursprung. Wir nutzen diese Informationen, um die Performance unserer WebSeite zu verbessern. Wir können dadurch herausfinden, welche Seiten häufiger oder seltener genutzt werden.
Alle Informationen, die diese Cookies sammeln, werden aggregiert und sind somit anonym. Wenn Sie diese Cookies nicht zulassen, sind wir nicht in der Lage festzustellen, wann Sie unsere WebSeite besuchen und wir können deren Performance nicht messen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
_gid | apps.risesmart.de | Dieses Cookie ist mit Google Universal Analytics verknüpft. Es speichert und aktualisiert einen eindeutigen Wert für jede besuchte Seite. | 1 Tag |
_ga | apps.risesmart.de | Dieses Cookie von Google Universal Analytics wird verwendet, um eindeutige Nutzer zu unterscheiden, indem eine zufällig generierte Zahl als Kundenidentifikator zugewiesen wird. Es ist in jeder Seitenanforderung auf einer Website enthalten und wird zur Berechnung von Besucher-, Sitzungs- und Kampagnendaten für die Analyseberichte der Websites verwendet. Standardmäßig ist es so eingestellt, dass es nach 2 Jahren abläuft. | 2 Jahre |
_gat | apps.risesmart.de | Dieses Cookie wird von Google Universal Analytics genutzt und zur Drosselung der Anforderungsrate verwendet, wodurch die Datenerfassung auf stark frequentierten Websites eingeschränkt wird. Dieses Cookie läuft nach 10 Minuten ab. | 10 Minuten |
Funktionelle Cookies
Diese Cookies ermöglichen es der Website, erweiterte Funktionen und eine Personalisierung bereitzustellen. Sie können von uns oder von Drittanbietern festgelegt werden, deren Dienste wir unseren Seiten hinzugefügt haben. Wenn Sie diese Cookies nicht zulassen, funktionieren einige oder alle dieser Dienste möglicherweise nicht ordnungsgemäß.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
appname_encrypteduserId_tenantId_appGroup | apps.risesmart.de | Dieses Cookie wird von der Anwendung erstellt, um den Status der Vertragsprozesse, unterstützt durch Pactsafe, zu verfolgen. | 15 Tag |
Cookies für Marketingzwecke
Diese Cookies werden entweder von uns oder durch unsere Marketingpartner gesetzt. Sie können von diesen Partnern genutzt werden, um Interessenprofile zu generieren und auf Sie zugeschnittene Werbung zu ermöglichen.
Die Cookies speichern keine direkten personenbezogenen Informationen, basieren aber auf anderen eindeutigen Identifikatoren, wie Ihren Browser oder ihr Device. Wenn Sie diese Cookies nicht erlauben, wird die Werbung weniger zielgruppen-orientiert stattfinden.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
YSC | apps.risesmart.de | Dieses Cookie wird vom YouTube-Videodienst auf Seiten mit eingebettetem YouTube-Video gesetzt. | Dauer der Session |
test_cookie | apps.risesmart.de | Dieses Cookie wird von DoubleClick (eine Marke von Google) gesetzt, um festzustellen, ob der Browser des Website-Besuchers Cookies unterstützt. Dieses Cookie enthält Informationen darüber, wie der Endbenutzer die Website nutzt und welche Werbung der Endbenutzer vor dem Besuch der genannten Website gesehen hat. | N/A |
VISITOR_INFO1_LIVE | apps.risesmart.de | Das von YouTube gesetzte Cookie misst die Bandbreite, um festzustellen, ob Sie die neue oder die alte Player-Schnittstelle nutzen können. | 240 Tage |
IDE | apps.risesmart.de | Das Cookie wird zur Optimierung der Werbung verwendet. In der Regel wird es genutzt, um die Werbung auf die für einen Benutzer relevanten Inhalte auszurichten, die Performance der Kampagne zu verbessern und Werbung zu vermeiden, die der Benutzer bereits gesehen hat. | 13 Monate |
GPS | apps.risesmart.de | Dieses Cookie wird von YouTube genutzt, um Nutzerdaten über in Websites eingebettete Videos zu sammeln, die mit Profildaten aus anderen Google-Diensten aggregiert werden, um gezielte Werbung für Webseiten-Besucher anzuzeigen. | 30 Minuten |
DFTT_END_USER_PREV_BOOTSTRAPPED | apps.risesmart.de | Das Cookie wird von Drift platziert, um den letzten Besuch zu speichern. | 2 Jahre |
driftt_aid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Benutzer-ID zu speichern. | 2 Jahre |
driftt_sid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Sitzungs-ID zu speichern. | 2 Jahre |
client-origin | apps.risesmart.de | Das Cookie wird von PayScale genutzt zur Bestimmung der Herkunft des Kunden. Mögliche Werte sind EU und Non-EU. | Dauer der Session |
ai_user | apps.risesmart.de | Das Cookie wird von PayScale genutzt und sammelt statistische Nutzungs- und Telemetrie Informationen zu Anwendungen. | 1 Jahr |
_dc_gtm_* | apps.risesmart.de | Das Cookie stammt von PayScale. Es wird via Google Analytics genutzt und sammelt Informationen darüber, wie Payscale-Besucher die Payscale-Website nutzen. | 2 Jahre |
_salarycalc-csrf | apps.risesmart.de | Das Session-Cookie dient dem CSRF-Schutz (Schutz vor einer Webseiten-übergreifenden Anfragefälschung), erstellt von Payscale für die Funktion Gehaltsrechner. | Dauer der Session |
wm_load_* | apps.risesmart.de | Der WalkMe Player speichert Daten zur Aufrechterhaltung des WalkMe Player-Status, zur Überwachung der Zusammenstellung der Walk-Thru-Wiedergabe und zur Erfassung von Analysen. Zu diesem Zweck verwendet WalkMe First-Party-Cookies, Third-Party-Cookies (lokale Speicherung) und First-Party-Local-Speicher. Es werden keine persönlichen Daten gespeichert und keine Informationen über die Nutzung der Website durch die Nutzer überwacht. | N/A |
Zweck und Rechtsgrundlage
Der Zweck der technisch notwendigen Cookies ist, die Nutzung von Webseiten für die Nutzer zu vereinfachen. Die Verwendung von Analyse-Cookies erfolgt zu dem Zweck, die Qualität unserer Webseite und ihre Inhalte zu verbessern. Durch die Performance Cookies, die funktionellen Cookies und die Cookies für Marketingzwecke erfahren wir, wie die Webseite genutzt wird und können so unser Angebot stetig optimieren. Einige Funktionen unserer Internetseite können ohne den Einsatz von Cookies nicht angeboten werden. Für diese ist es erforderlich, dass der Browser auch nach einem Seitenwechsel wiedererkannt wird. In diesen Zwecken liegt auch unser berechtigtes Interesse in der Verarbeitung der personenbezogenen Daten nach Art. 6 Abs. 1 lit. f DSGVO (Rechtsgrundlage).
C. Datenverarbeitung bei Outplacement, Karriereberatung, Redeployment
1. Beschreibung und Umfang der Datenverarbeitung
Wir erheben Ihre personenbezogenen Daten, sobald Sie diese auf unserer Web-Seite selbst eingeben oder Ihr früheres Unternehmen sie uns, Ihr Einverständnis vorausgesetzt, mitgeteilt hat. Dabei überträgt Ihr früheres Unternehmen lediglich Ihre Kontaktdaten (Name & E-Mail Adresse). Sie übermitteln uns zusätzlich Ihren Lebenslauf (CV).
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Wir verwenden Ihre personenbezogenen Daten zur Durchführung von Outplacement, Karriereberatung, Redeployment.
Genauer gesagt verwenden wir Ihre persönlichen Daten, um je nach vereinbarter Dienstleistung und, falls zutreffend,
1. einen Dienstleistungsvertrag mit Ihrem früheren, gegenwärtigen oder potenzieller Arbeitgeber abzuschließen;
2. um die mit Ihnen oder und/oder mit Ihren früheren, gegenwärtigen oder
potenzieller Arbeitgeber vereinbarte Dienstleistung zu erbringen;
3. Ihnen Angebote zu unterbreiten und/oder Informationen über die vereinbarten
Dienstleistungen, um diese besser auf Ihre Wünsche abstimmen zu können;
4. Ihre Kompetenzen zu evaluieren und/oder zu stärken und sie langfristig zu verbessern. Hierbei unterstützen Ergebnisse von Tests, die wir Ihnen zur Verfügung stellen (Persönlichkeitstests, Assessments, videogestützte Bewerbungstrainings);
5. Ihre persönliche Entwicklung zu fördern, indem Sie an Workshops bei Mühlenhoff teilnehmen;
6. Erfüllung der Managementziele, einschließlich der Bereitstellung von Managementinformationen, Durchführung interner Kontrollen zur Verhinderung von Betrug und zur Durchführung von internen und/oder externen Audits;
7. sofern wir rechtliche Verpflichtungen einhalten und nachweisen müssen;
8. Ihnen die Nutzung der Mühlenhoff-Technologie (Spotlight und alle zugehörige Software) zu ermöglichen, sofern gewünscht;
9. Wir teilen Ihren Lebenslauf / Profil mit verbundenen Unternehmen des Randstad Konzerns zur Vorstellung des Profils bei ausgewählten Kundenunternehmen;
Rechtsgrundlagen:
Rechtsgrundlage für die Verarbeitungen von Nr. 1., 2., 3., 4., 5., 8. und 9. ist Art. 6 Abs. 1 lit. b DSGVO. Die Verarbeitung ist für die Erfüllung eines Vertrags, dessen Vertragspartei die betroffene Person ist, oder zur Durchführung vorvertraglicher Maßnahmen erforderlich, die auf Anfrage der betroffenen Person erfolgen.
Rechtsgrundlage für die Verarbeitung Nr. 6 ist unser berechtigtes Interesse nach Art.6 Abs. 1 lit f DSGVO.
Rechtsgrundlage für die Verarbeitung Nr. 7 ist Art. 6 Abs 1 lit. c DSGVO.
Empfänger der Daten
(1) Interne Stellen bei Mühlenhoff zur Bearbeitung und Durchführung des Outplacements.
(2) Potentielle Arbeitgeber/Unternehmen im Rahmen des Outplacements zur Ermittlung einer geeigneten Stelle.
(3)	Verbundene Unternehmen des Randstad Konzerns zur Unterstützung bei der Durchführung des Outplacements.
(4) Dienstleister aus anderen Randstad Gesellschaften, wobei Second und Third-Level Support durch Randstad Gesellschaften in den USA und Indien erbracht werden. Mit diesen Auftragsverarbeitern wurden EU-Standard Vertragsklauseln abgeschlossen, um ein angemessenes Schutzniveau zu gewährleisten.
4. Dauer der Speicherung
Wir garantieren den Zugang zu Spotlight und den Teilnehmerdaten inkl. der Ergebnisse von Workshops, Trainings und eLearnings etc. für die Dauer von 3 Jahre ab Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde. Ihre Daten werden danach zeitnah gelöscht.
Stand: Juni 2021
Effective October 6th 2021 to October 6th 2021
DownloadTable of Contents
Datenschutzerklärung für Mühlenhoff
(Outplacement, Karriereberatung, Redeployment)
Bei Mühlenhoff legen wir großen Wert auf den Schutz der persönlichen Privatsphäre aller Menschen, deren Daten wir erheben und verarbeiten. Wir behandeln und schützen diese Daten mit größter Sorgfalt. Wir tun alles, um die uns zur Verfügung gestellten Daten vor Verlust, Veröffentlichung, unbefugten Zugriff oder unsachgemäße Nutzung zu schützen. In dieser Datenschutzerklärung erläutern wir Ihnen, wer wir sind und warum wir Ihre persönlichen Daten benötigen, welche Daten wir zusammenstellen und wie lange wir sie speichern, an wen die Daten eventuell weitergegeben werden, Ihre Rechte und wie Sie sie geltend machen können.
Diese Datenschutzerklärung ist für Sie bestimmt, wenn:
Sie an einem Outplacement-Programm bei Mühlenhoff teilnehmen (Outplacement),
nachdem Sie ein Outplacement-Angebot angenommen haben bei (der Beschäftigungseinheit von) Ihrem früheren Arbeitgeber.
A. Allgemeines
- Name und Anschrift der Verantwortlichen Stelle und des Datenschutzbeauftragten.
Der Verantwortliche im Sinne der Datenschutz-Grundverordnung (DSGVO) und anderer nationaler Datenschutzgesetze der Mitgliedstaaten sowie sonstiger datenschutzrechtlicher Bestimmungen ist die:
Mühlenhoff + Partner GmbH (nachfolgend Mühlenhoff)
Wallstraße 16
40213 Düsseldorf
Deutschland
Fon: +49 211 55867-60
E-Mail: info@muehlenhoff.com
Unseren Datenschutzbeauftragten erreichen Sie unter datenschutz@muehlenhoff.com oder unserer Postadresse mit dem Zusatz „Der Datenschutzbeauftragte“.
- Ihre Rechte
Wenn Sie uns personenbezogene Daten zur Verfügung stellen, sind Sie Betroffener i.S.d. DSGVO und es stehen Ihnen folgende Rechte gegenüber Mühlenhoff zu:
- Recht auf Auskunft,
- Recht auf Berichtigung oder Löschung,
- Recht auf Einschränkung der Verarbeitung,
- Recht auf Widerspruch gegen die Verarbeitung,
- Recht auf Datenübertragbarkeit.
Ihre Rechte machen Sie uns gegenüber bitte unter Verwendung der E-Mail-Anschrift datenschutz@muehlenhoff.com geltend.
Sie haben zudem das Recht, sich bei einer Datenschutz Aufsichtsbehörde über die Verarbeitung Ihrer personenbezogenen Daten durch uns zu beschweren.
B. Datenverarbeitung bei Besuch unserer Webseite
- Browserdaten
1. Beschreibung und Umfang der Datenverarbeitung
Wenn Sie unsere Webseite betrachten möchten, erheben wir die folgenden Daten:
(1) Informationen über Browsertyp und die verwendete Sprache sowie Version
(2) Ihr Betriebssystem und Displayauflösung
(3) Ihren Internet-Service-Provider
(4) Ihre IP-Adresse
(5) Datum und Uhrzeit Ihres Zugriffs
(6) Zeitzonendifferenz zur Greenwich Mean Time (GMT)
(7) Inhalt der Anforderung (konkrete Seite)
(8) Zugriffsstatus/HTTP-Statuscode
(9) jeweils übertragene Datenmenge
(10) Webseiten, von denen Sie auf unsere Internetseite gelangt sind.
Wenn Sie einen Benutzer-Account für unsere WebSeite besitzen, werden diese Daten zusammen mit den Daten gespeichert, die Sie uns zur Verfügung gestellt haben.
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Diese Daten sind für uns technisch erforderlich, um Ihnen unsere Webseite anzuzeigen und die Stabilität und Sicherheit zu gewährleisten. Rechtsgrundlage ist Art. 6 Abs. 1 S. 1 lit. f DSGVO.
3. Dauer der Speicherung
Diese Daten werden gelöscht, sobald Sie unsere Dienstleistungen nicht mehr in Anspruch nehmen.
- Verwendung von Cookies
Unsere Webseite verwendet Cookies. Bei Cookies handelt es sich um Textdateien, die im Internetbrowser bzw. vom Internet Browser auf dem Computersystem des Nutzers gespeichert werden. Ruft ein Nutzer eine Webseite auf, so kann ein Cookie auf dem Betriebssystem des Nutzers gespeichert werden. Dieser Cookie enthält eine charakteristische Zeichenfolge, die eine eindeutige Identifizierung des Browsers beim erneuten Aufrufen der Webseite ermöglicht. Cookies dienen dazu, das Internetangebot insgesamt nutzerfreundlicher und effektiver zu machen.
Unbedingt erforderliche Cookies
Diese Cookies sind unerlässlich, damit Sie sich auf der Website bewegen und deren Funktionen nutzen können, z. B. um auf sichere Bereiche der Website zuzugreifen. Ohne diese Cookies können die von Ihnen angeforderten Dienste wie die Anmeldung oder das Ausfüllen von Formularen
Über Ihren Browser können Sie diese Cookies blockieren, allerdings können Sie dann nicht den vollen Funktionsumfang der Webseite nutzen. Diese Cookies speichern keinerlei personenbezogene Informationen. Sie können die gesetzten Cookies zudem über den eingesetzten Browser löschen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
OptanonConsent | apps.risesmart.de | Dieses Cookie wird von der Cookie-Compliance-Lösung von OneTrust gesetzt. Es speichert Informationen über die Kategorien von Cookies, die die Website verwendet, und darüber, ob Besucher ihre Zustimmung zur Verwendung der einzelnen Kategorien gegeben oder zurückgezogen haben. Dies ermöglicht es den Eigentümern der Website zu verhindern, dass Cookies in jeder Kategorie im Browser des Benutzers gesetzt werden, wenn keine Zustimmung erteilt wird. Das Cookie hat eine normale Lebensdauer von einem Jahr, so dass die Präferenzen von wiederkehrenden Besuchern wiedererkannt werden. Es enthält keine Informationen, die den Website-Besucher identifizieren können. | 1 Jahr |
OptanonAlertBoxClosed | apps.risesmart.de | Dieses Cookie wird von Webseiten gesetzt, die bestimmte Versionen der Cookie-Compliance Lösung von OneTrust verwenden. Es wird gesetzt nachdem Besucher einen Cookie-Informationshinweis gesehen haben und in einigen Fällen nur, wenn sie den Hinweis aktiv schließen. Es ermöglicht es der Website, die Mitteilung einem Benutzer nur einmal anzuzeigen. Das Cookie hat eine Lebensdauer von einem Jahr und enthält keine persönlichen Informationen. | 1 Jahr |
JSESSIONID | apps.risesmart.de | Das Cookie JSESSIONID wird von J2EE Web Anwendungen zum Session-Tracking verwendet. | Dauer der Session |
AWSELB | apps.risesmart.de | Das Cookie AWSELB wird verwendet, um die Web-Session auf der jeweilige Instanz abzubilden (Lastverteilung). | Dauer der Session |
locale_cookie | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
app_locale | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
Performance Cookies
Performance Cookies erlauben uns die Besuche auf unserer WebSeite zu erfassen und deren Ursprung. Wir nutzen diese Informationen, um die Performance unserer WebSeite zu verbessern. Wir können dadurch herausfinden, welche Seiten häufiger oder seltener genutzt werden.
Alle Informationen, die diese Cookies sammeln, werden aggregiert und sind somit anonym. Wenn Sie diese Cookies nicht zulassen, sind wir nicht in der Lage festzustellen, wann Sie unsere WebSeite besuchen und wir können deren Performance nicht messen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
_gid | apps.risesmart.de | Dieses Cookie ist mit Google Universal Analytics verknüpft. Es speichert und aktualisiert einen eindeutigen Wert für jede besuchte Seite. | 1 Tag |
_ga | apps.risesmart.de | Dieses Cookie von Google Universal Analytics wird verwendet, um eindeutige Nutzer zu unterscheiden, indem eine zufällig generierte Zahl als Kundenidentifikator zugewiesen wird. Es ist in jeder Seitenanforderung auf einer Website enthalten und wird zur Berechnung von Besucher-, Sitzungs- und Kampagnendaten für die Analyseberichte der Websites verwendet. Standardmäßig ist es so eingestellt, dass es nach 2 Jahren abläuft. | 2 Jahre |
_gat | apps.risesmart.de | Dieses Cookie wird von Google Universal Analytics genutzt und zur Drosselung der Anforderungsrate verwendet, wodurch die Datenerfassung auf stark frequentierten Websites eingeschränkt wird. Dieses Cookie läuft nach 10 Minuten ab. | 10 Minuten |
Funktionelle Cookies
Diese Cookies ermöglichen es der Website, erweiterte Funktionen und eine Personalisierung bereitzustellen. Sie können von uns oder von Drittanbietern festgelegt werden, deren Dienste wir unseren Seiten hinzugefügt haben. Wenn Sie diese Cookies nicht zulassen, funktionieren einige oder alle dieser Dienste möglicherweise nicht ordnungsgemäß.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
appname_encrypteduserId_tenantId_appGroup | apps.risesmart.de | Dieses Cookie wird von der Anwendung erstellt, um den Status der Vertragsprozesse, unterstützt durch Pactsafe, zu verfolgen. | 15 Tag |
Cookies für Marketingzwecke
Diese Cookies werden entweder von uns oder durch unsere Marketingpartner gesetzt. Sie können von diesen Partnern genutzt werden, um Interessenprofile zu generieren und auf Sie zugeschnittene Werbung zu ermöglichen.
Die Cookies speichern keine direkten personenbezogenen Informationen, basieren aber auf anderen eindeutigen Identifikatoren, wie Ihren Browser oder ihr Device. Wenn Sie diese Cookies nicht erlauben, wird die Werbung weniger zielgruppen-orientiert stattfinden.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
YSC | apps.risesmart.de | Dieses Cookie wird vom YouTube-Videodienst auf Seiten mit eingebettetem YouTube-Video gesetzt. | Dauer der Session |
test_cookie | apps.risesmart.de | Dieses Cookie wird von DoubleClick (eine Marke von Google) gesetzt, um festzustellen, ob der Browser des Website-Besuchers Cookies unterstützt. Dieses Cookie enthält Informationen darüber, wie der Endbenutzer die Website nutzt und welche Werbung der Endbenutzer vor dem Besuch der genannten Website gesehen hat. | N/A |
VISITOR_INFO1_LIVE | apps.risesmart.de | Das von YouTube gesetzte Cookie misst die Bandbreite, um festzustellen, ob Sie die neue oder die alte Player-Schnittstelle nutzen können. | 240 Tage |
IDE | apps.risesmart.de | Das Cookie wird zur Optimierung der Werbung verwendet. In der Regel wird es genutzt, um die Werbung auf die für einen Benutzer relevanten Inhalte auszurichten, die Performance der Kampagne zu verbessern und Werbung zu vermeiden, die der Benutzer bereits gesehen hat. | 13 Monate |
GPS | apps.risesmart.de | Dieses Cookie wird von YouTube genutzt, um Nutzerdaten über in Websites eingebettete Videos zu sammeln, die mit Profildaten aus anderen Google-Diensten aggregiert werden, um gezielte Werbung für Webseiten-Besucher anzuzeigen. | 30 Minuten |
DFTT_END_USER_PREV_BOOTSTRAPPED | apps.risesmart.de | Das Cookie wird von Drift platziert, um den letzten Besuch zu speichern. | 2 Jahre |
driftt_aid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Benutzer-ID zu speichern. | 2 Jahre |
driftt_sid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Sitzungs-ID zu speichern. | 2 Jahre |
client-origin | apps.risesmart.de | Das Cookie wird von PayScale genutzt zur Bestimmung der Herkunft des Kunden. Mögliche Werte sind EU und Non-EU. | Dauer der Session |
ai_user | apps.risesmart.de | Das Cookie wird von PayScale genutzt und sammelt statistische Nutzungs- und Telemetrie Informationen zu Anwendungen. | 1 Jahr |
_dc_gtm_* | apps.risesmart.de | Das Cookie stammt von PayScale. Es wird via Google Analytics genutzt und sammelt Informationen darüber, wie Payscale-Besucher die Payscale-Website nutzen. | 2 Jahre |
_salarycalc-csrf | apps.risesmart.de | Das Session-Cookie dient dem CSRF-Schutz (Schutz vor einer Webseiten-übergreifenden Anfragefälschung), erstellt von Payscale für die Funktion Gehaltsrechner. | Dauer der Session |
wm_load_* | apps.risesmart.de | Der WalkMe Player speichert Daten zur Aufrechterhaltung des WalkMe Player-Status, zur Überwachung der Zusammenstellung der Walk-Thru-Wiedergabe und zur Erfassung von Analysen. Zu diesem Zweck verwendet WalkMe First-Party-Cookies, Third-Party-Cookies (lokale Speicherung) und First-Party-Local-Speicher. Es werden keine persönlichen Daten gespeichert und keine Informationen über die Nutzung der Website durch die Nutzer überwacht. | N/A |
Zweck und Rechtsgrundlage
Der Zweck der technisch notwendigen Cookies ist, die Nutzung von Webseiten für die Nutzer zu vereinfachen. Die Verwendung von Analyse-Cookies erfolgt zu dem Zweck, die Qualität unserer Webseite und ihre Inhalte zu verbessern. Durch die Performance Cookies, die funktionellen Cookies und die Cookies für Marketingzwecke erfahren wir, wie die Webseite genutzt wird und können so unser Angebot stetig optimieren. Einige Funktionen unserer Internetseite können ohne den Einsatz von Cookies nicht angeboten werden. Für diese ist es erforderlich, dass der Browser auch nach einem Seitenwechsel wiedererkannt wird. In diesen Zwecken liegt auch unser berechtigtes Interesse in der Verarbeitung der personenbezogenen Daten nach Art. 6 Abs. 1 lit. f DSGVO (Rechtsgrundlage).
C. Datenverarbeitung bei Outplacement, Karriereberatung, Redeployment
1. Beschreibung und Umfang der Datenverarbeitung
Wir erheben Ihre personenbezogenen Daten, sobald Sie diese auf unserer Web-Seite selbst eingeben oder Ihr früheres Unternehmen sie uns, Ihr Einverständnis vorausgesetzt, mitgeteilt hat. Dabei überträgt Ihr früheres Unternehmen lediglich Ihre Kontaktdaten (Name & E-Mail Adresse). Sie übermitteln uns zusätzlich Ihren Lebenslauf (CV).
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Wir verwenden Ihre personenbezogenen Daten zur Durchführung von Outplacement, Karriereberatung, Redeployment.
Genauer gesagt verwenden wir Ihre persönlichen Daten, um je nach vereinbarter Dienstleistung und, falls zutreffend,
1. einen Dienstleistungsvertrag mit Ihrem früheren, gegenwärtigen oder potenzieller Arbeitgeber abzuschließen;
2. um die mit Ihnen oder und/oder mit Ihren früheren, gegenwärtigen oder
potenzieller Arbeitgeber vereinbarte Dienstleistung zu erbringen;
3. Ihnen Angebote zu unterbreiten und/oder Informationen über die vereinbarten
Dienstleistungen, um diese besser auf Ihre Wünsche abstimmen zu können;
4. Ihre Kompetenzen zu evaluieren und/oder zu stärken und sie langfristig zu verbessern. Hierbei unterstützen Ergebnisse von Tests, die wir Ihnen zur Verfügung stellen (Persönlichkeitstests, Assessments, videogestützte Bewerbungstrainings);
5. Ihre persönliche Entwicklung zu fördern, indem Sie an Workshops bei Mühlenhoff teilnehmen;
6. Erfüllung der Managementziele, einschließlich der Bereitstellung von Managementinformationen, Durchführung interner Kontrollen zur Verhinderung von Betrug und zur Durchführung von internen und/oder externen Audits;
7. sofern wir rechtliche Verpflichtungen einhalten und nachweisen müssen;
8. Ihnen die Nutzung der Mühlenhoff-Technologie (Spotlight und alle zugehörige Software) zu ermöglichen, sofern gewünscht;
9. Wir teilen Ihren Lebenslauf / Profil mit verbundenen Unternehmen des Randstad Konzerns zur Vorstellung des Profils bei ausgewählten Kundenunternehmen;
Rechtsgrundlagen:
Rechtsgrundlage für die Verarbeitungen von Nr. 1., 2., 3., 4., 5., 8. und 9. ist Art. 6 Abs. 1 lit. b DSGVO. Die Verarbeitung ist für die Erfüllung eines Vertrags, dessen Vertragspartei die betroffene Person ist, oder zur Durchführung vorvertraglicher Maßnahmen erforderlich, die auf Anfrage der betroffenen Person erfolgen.
Rechtsgrundlage für die Verarbeitung Nr. 6 ist unser berechtigtes Interesse nach Art.6 Abs. 1 lit f DSGVO.
Rechtsgrundlage für die Verarbeitung Nr. 7 ist Art. 6 Abs 1 lit. c DSGVO.
Empfänger der Daten
(1) Interne Stellen bei Mühlenhoff zur Bearbeitung und Durchführung des Outplacements.
(2) Potentielle Arbeitgeber/Unternehmen im Rahmen des Outplacements zur Ermittlung einer geeigneten Stelle.
(3)	Verbundene Unternehmen des Randstad Konzerns zur Unterstützung bei der Durchführung des Outplacements.
(4) Dienstleister aus anderen Randstad Gesellschaften, wobei Second und Third-Level Support durch Randstad Gesellschaften in den USA und Indien erbracht werden. Mit diesen Auftragsverarbeitern wurden EU-Standard Vertragsklauseln abgeschlossen, um ein angemessenes Schutzniveau zu gewährleisten.
4. Dauer der Speicherung
Wir garantieren den Zugang zu Spotlight und den Teilnehmerdaten inkl. der Ergebnisse von Workshops, Trainings und eLearnings etc. für die Dauer von 3 Jahre ab Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde. Ihre Daten werden danach zeitnah gelöscht.
Stand: Juni 2021
Effective August 11th 2020 to October 6th 2021
DownloadTable of Contents
Datenschutzerklärung für Randstad RiseSmart
(Outplacement, Karriereberatung, Redeployment)
Bei Randstad RiseSmart legen wir großen Wert auf den Schutz der persönlichen Privatsphäre aller Menschen, deren Daten wir erheben und verarbeiten. Wir behandeln und schützen diese Daten mit grösster Sorgfalt. Wir tun alles, um die uns zur Verfügung gestellten Daten vor Verlust, Veröffentlichung, unbefugten Zugriff oder unsachgemäße Nutzung zu schützen. In dieser Datenschutzerklärung erläutern wir Ihnen, wer wir sind und warum wir Ihre persönlichen Daten benötigen, welche Daten wir zusammenstellen und wie lange wir sie speichern, an wen die Daten eventuell weitergegeben werden, Ihre Rechte und wie Sie sie geltend machen können.
Diese Datenschutzerklärung ist für Sie bestimmt, wenn:
Sie an einem Outplacement-Programm bei RiseSmart teilnehmen (Outplacement),
nachdem Sie ein Outplacement-Angebot angenommen haben bei (der Beschäftigungseinheit von) Ihrem früheren Arbeitgeber.
A. Allgemeines
- Name und Anschrift der Verantwortlichen Stelle und des Datenschutzbeauftragten.
Der Verantwortliche im Sinne der Datenschutz-Grundverordnung (DSGVO) und anderer nationaler Datenschutzgesetze der Mitgliedstaaten sowie sonstiger datenschutzrechtlicher Bestimmungen ist die:
Randstad Deutschland GmbH & Co.KG (nachfolgend Randstad)
Helfmann-Park 8
65760 Eschborn
Deutschland
Fon: + 49 (0) 61 96 - 408 0
E-Mail: presse@randstad.de
Unseren Datenschutzbeauftragten erreichen Sie unter datenschutz@randstad.de oder unserer Postadresse mit dem Zusatz „Der Datenschutzbeauftragte“.
- Ihre Rechte
Wenn Sie uns personenbezogene Daten zur Verfügung stellen, sind Sie Betroffener i.S.d. DSGVO und es stehen Ihnen folgende Rechte gegenüber Randstad zu:
- Recht auf Auskunft,
- Recht auf Berichtigung oder Löschung,
- Recht auf Einschränkung der Verarbeitung,
- Recht auf Widerspruch gegen die Verarbeitung,
- Recht auf Datenübertragbarkeit.
Ihre Rechte machen Sie uns gegenüber bitte unter Verwendung der E-Mail-Anschrift betroffenenrechte@randstad.de geltend.
Sie haben zudem das Recht, sich bei einer Datenschutz Aufsichtsbehörde über die Verarbeitung Ihrer personenbezogenen Daten durch uns zu beschweren.
B. Datenverarbeitung bei Besuch unserer Webseite
- Browserdaten
1. Beschreibung und Umfang der Datenverarbeitung
Wenn Sie unsere Webseite betrachten möchten, erheben wir die folgenden Daten:
(1) Informationen über Browsertyp und die verwendete Sprache sowie Version
(2) Ihr Betriebssystem und Displayauflösung
(3) Ihren Internet-Service-Provider
(4) Ihre IP-Adresse
(5) Datum und Uhrzeit Ihres Zugriffs
(6) Zeitzonendifferenz zur Greenwich Mean Time (GMT)
(7) Inhalt der Anforderung (konkrete Seite)
(8) Zugriffsstatus/HTTP-Statuscode
(9) jeweils übertragene Datenmenge
(10) Webseiten, von denen Sie auf unsere Internetseite gelangt sind.
Wenn Sie einen Benutzer-Account für unsere WebSeite besitzen, werden diese Daten zusammen mit den Daten gespeichert, die Sie uns zur Verfügung gestellt haben.
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Diese Daten sind für uns technisch erforderlich, um Ihnen unsere Webseite anzuzeigen und die Stabilität und Sicherheit zu gewährleisten. Rechtsgrundlage ist Art. 6 Abs. 1 S. 1 lit. f DSGVO.
3. Dauer der Speicherung
Diese Daten werden gelöscht, sobald Sie unsere Dienstleistungen nicht mehr in Anspruch nehmen.
- Verwendung von Cookies
Unsere Webseite verwendet Cookies. Bei Cookies handelt es sich um Textdateien, die im Internetbrowser bzw. vom Internet Browser auf dem Computersystem des Nutzers gespeichert werden. Ruft ein Nutzer eine Webseite auf, so kann ein Cookie auf dem Betriebssystem des Nutzers gespeichert werden. Dieser Cookie enthält eine charakteristische Zeichenfolge, die eine eindeutige Identifizierung des Browsers beim erneuten Aufrufen der Webseite ermöglicht. Cookies dienen dazu, das Internetangebot insgesamt nutzerfreundlicher und effektiver zu machen.
Unbedingt erforderliche Cookies
Diese Cookies sind unerlässlich, damit Sie sich auf der Website bewegen und deren Funktionen nutzen können, z. B. um auf sichere Bereiche der Website zuzugreifen. Ohne diese Cookies können die von Ihnen angeforderten Dienste wie die Anmeldung oder das Ausfüllen von Formularen
Über Ihren Browser können Sie diese Cookies blockieren, allerdings können Sie dann nicht den vollen Funktionsumfang der Webseite nutzen. Diese Cookies speichern keinerlei personenbezogene Informationen. Sie können die gesetzten Cookies zudem über den eingesetzten Browser löschen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
OptanonConsent | apps.risesmart.de | Dieses Cookie wird von der Cookie-Compliance-Lösung von OneTrust gesetzt. Es speichert Informationen über die Kategorien von Cookies, die die Website verwendet, und darüber, ob Besucher ihre Zustimmung zur Verwendung der einzelnen Kategorien gegeben oder zurückgezogen haben. Dies ermöglicht es den Eigentümern der Website zu verhindern, dass Cookies in jeder Kategorie im Browser des Benutzers gesetzt werden, wenn keine Zustimmung erteilt wird. Das Cookie hat eine normale Lebensdauer von einem Jahr, so dass die Präferenzen von wiederkehrenden Besuchern wiedererkannt werden. Es enthält keine Informationen, die den Website-Besucher identifizieren können. | 1 Jahr |
OptanonAlertBoxClosed | apps.risesmart.de | Dieses Cookie wird von Webseiten gesetzt, die bestimmte Versionen der Cookie-Compliance Lösung von OneTrust verwenden. Es wird gesetzt nachdem Besucher einen Cookie-Informationshinweis gesehen haben und in einigen Fällen nur, wenn sie den Hinweis aktiv schließen. Es ermöglicht es der Website, die Mitteilung einem Benutzer nur einmal anzuzeigen. Das Cookie hat eine Lebensdauer von einem Jahr und enthält keine persönlichen Informationen. | 1 Jahr |
JSESSIONID | apps.risesmart.de | Das Cookie JSESSIONID wird von J2EE Web Anwendungen zum Session-Tracking verwendet. | Dauer der Session |
AWSELB | apps.risesmart.de | Das Cookie AWSELB wird verwendet, um die Web-Session auf der jeweilige Instanz abzubilden (Lastverteilung). | Dauer der Session |
locale_cookie | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
app_locale | apps.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
Performance Cookies
Performance Cookies erlauben uns die Besuche auf unserer WebSeite zu erfassen und deren Ursprung. Wir nutzen diese Informationen, um die Performance unserer WebSeite zu verbessern. Wir können dadurch herausfinden, welche Seiten häufiger oder seltener genutzt werden.
Alle Informationen, die diese Cookies sammeln, werden aggregiert und sind somit anonym. Wenn Sie diese Cookies nicht zulassen, sind wir nicht in der Lage festzustellen, wann Sie unsere WebSeite besuchen und wir können deren Performance nicht messen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
_gid | apps.risesmart.de | Dieses Cookie ist mit Google Universal Analytics verknüpft. Es speichert und aktualisiert einen eindeutigen Wert für jede besuchte Seite. | 1 Tag |
_ga | apps.risesmart.de | Dieses Cookie von Google Universal Analytics wird verwendet, um eindeutige Nutzer zu unterscheiden, indem eine zufällig generierte Zahl als Kundenidentifikator zugewiesen wird. Es ist in jeder Seitenanforderung auf einer Website enthalten und wird zur Berechnung von Besucher-, Sitzungs- und Kampagnendaten für die Analyseberichte der Websites verwendet. Standardmäßig ist es so eingestellt, dass es nach 2 Jahren abläuft. | 2 Jahre |
_gat | apps.risesmart.de | Dieses Cookie wird von Google Universal Analytics genutzt und zur Drosselung der Anforderungsrate verwendet, wodurch die Datenerfassung auf stark frequentierten Websites eingeschränkt wird. Dieses Cookie läuft nach 10 Minuten ab. | 10 Minuten |
Funktionelle Cookies
Diese Cookies ermöglichen es der Website, erweiterte Funktionen und eine Personalisierung bereitzustellen. Sie können von uns oder von Drittanbietern festgelegt werden, deren Dienste wir unseren Seiten hinzugefügt haben. Wenn Sie diese Cookies nicht zulassen, funktionieren einige oder alle dieser Dienste möglicherweise nicht ordnungsgemäß.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
appname_encrypteduserId_tenantId_appGroup | apps.risesmart.de | Dieses Cookie wird von der Anwendung erstellt, um den Status der Vertragsprozesse, unterstützt durch Pactsafe, zu verfolgen. | 15 Tag |
Cookies für Marketingzwecke
Diese Cookies werden entweder von uns oder durch unsere Marketingpartner gesetzt. Sie können von diesen Partnern genutzt werden, um Interessenprofile zu generieren und auf Sie zugeschnittene Werbung zu ermöglichen.
Die Cookies speichern keine direkten personenbezogenen Informationen, basieren aber auf anderen eindeutigen Identifikatoren, wie Ihren Browser oder ihr Device. Wenn Sie diese Cookies nicht erlauben, wird die Werbung weniger zielgruppen-orientiert stattfinden.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
YSC | apps.risesmart.de | Dieses Cookie wird vom YouTube-Videodienst auf Seiten mit eingebettetem YouTube-Video gesetzt. | Dauer der Session |
test_cookie | apps.risesmart.de | Dieses Cookie wird von DoubleClick (eine Marke von Google) gesetzt, um festzustellen, ob der Browser des Website-Besuchers Cookies unterstützt. Dieses Cookie enthält Informationen darüber, wie der Endbenutzer die Website nutzt und welche Werbung der Endbenutzer vor dem Besuch der genannten Website gesehen hat. | N/A |
VISITOR_INFO1_LIVE | apps.risesmart.de | Das von YouTube gesetzte Cookie misst die Bandbreite, um festzustellen, ob Sie die neue oder die alte Player-Schnittstelle nutzen können. | 240 Tage |
IDE | apps.risesmart.de | Das Cookie wird zur Optimierung der Werbung verwendet. In der Regel wird es genutzt, um die Werbung auf die für einen Benutzer relevanten Inhalte auszurichten, die Performance der Kampagne zu verbessern und Werbung zu vermeiden, die der Benutzer bereits gesehen hat. | 13 Monate |
GPS | apps.risesmart.de | Dieses Cookie wird von YouTube genutzt, um Nutzerdaten über in Websites eingebettete Videos zu sammeln, die mit Profildaten aus anderen Google-Diensten aggregiert werden, um gezielte Werbung für Webseiten-Besucher anzuzeigen. | 30 Minuten |
DFTT_END_USER_PREV_BOOTSTRAPPED | apps.risesmart.de | Das Cookie wird von Drift platziert, um den letzten Besuch zu speichern. | 2 Jahre |
driftt_aid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Benutzer-ID zu speichern. | 2 Jahre |
driftt_sid | apps.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Sitzungs-ID zu speichern. | 2 Jahre |
client-origin | apps.risesmart.de | Das Cookie wird von PayScale genutzt zur Bestimmung der Herkunft des Kunden. Mögliche Werte sind EU und Non-EU. | Dauer der Session |
ai_user | apps.risesmart.de | Das Cookie wird von PayScale genutzt und sammelt statistische Nutzungs- und Telemetrie Informationen zu Anwendungen. | 1 Jahr |
_dc_gtm_* | apps.risesmart.de | Das Cookie stammt von PayScale. Es wird via Google Analytics genutzt und sammelt Informationen darüber, wie Payscale-Besucher die Payscale-Website nutzen. | 2 Jahre |
_salarycalc-csrf | apps.risesmart.de | Das Session-Cookie dient dem CSRF-Schutz (Schutz vor einer Webseiten-übergreifenden Anfragefälschung), erstellt von Payscale für die Funktion Gehaltsrechner. | Dauer der Session |
wm_load_* | apps.risesmart.de | Der WalkMe Player speichert Daten zur Aufrechterhaltung des WalkMe Player-Status, zur Überwachung der Zusammenstellung der Walk-Thru-Wiedergabe und zur Erfassung von Analysen. Zu diesem Zweck verwendet WalkMe First-Party-Cookies, Third-Party-Cookies (lokale Speicherung) und First-Party-Local-Speicher. Es werden keine persönlichen Daten gespeichert und keine Informationen über die Nutzung der Website durch die Nutzer überwacht. | N/A |
Zweck und Rechtsgrundlage
Der Zweck der technisch notwendigen Cookies ist, die Nutzung von Webseiten für die Nutzer zu vereinfachen. Die Verwendung von Analyse-Cookies erfolgt zu dem Zweck, die Qualität unserer Webseite und ihre Inhalte zu verbessern. Durch die Performance Cookies, die funktionellen Cookies und die Cookies für Marketingzwecke erfahren wir, wie die Webseite genutzt wird und können so unser Angebot stetig optimieren. Einige Funktionen unserer Internetseite können ohne den Einsatz von Cookies nicht angeboten werden. Für diese ist es erforderlich, dass der Browser auch nach einem Seitenwechsel wiedererkannt wird. In diesen Zwecken liegt auch unser berechtigtes Interesse in der Verarbeitung der personenbezogenen Daten nach Art. 6 Abs. 1 lit. f DSGVO (Rechtsgrundlage).
C. Datenverarbeitung bei Outplacement, Karriereberatung, Redeployment
1. Beschreibung und Umfang der Datenverarbeitung
Wir erheben Ihre personenbezogenen Daten, sobald Sie diese auf unserer Web-Seite selbst eingeben oder Ihr früheres Unternehmen sie uns, Ihr Einverständnis vorausgesetzt, mitgeteilt hat. Dabei überträgt Ihr früheres Unternehmen lediglich Ihre Kontaktdaten (Name & E-Mail Adresse). Sie übermitteln uns zusätzlich Ihren Lebenslauf (CV).
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Wir verwenden Ihre personenbezogenen Daten zur Durchführung von Outplacement, Karriereberatung, Redeployment.
Genauer gesagt verwenden wir Ihre persönlichen Daten, um je nach vereinbarter Dienstleistung und, falls zutreffend,
1. einen Dienstleistungsvertrag mit Ihrem früheren, gegenwärtigen oder potenzieller Arbeitgeber abzuschließen;
2. um die mit Ihnen oder und/oder mit Ihren früheren, gegenwärtigen oder
potenzieller Arbeitgeber vereinbarte Dienstleistung zu erbringen;
3. Ihnen Angebote zu unterbreiten und/oder Informationen über die vereinbarten
Dienstleistungen, um diese besser auf Ihre Wünsche abstimmen zu können;
4. Ihre Kompetenzen zu evaluieren und/oder zu stärken und sie langfristig zu verbessern. Hierbei unterstützen Ergebnisse von Tests, die wir Ihnen zur Verfügung stellen (Persönlichkeitstests, Assessments, videogestützte Bewerbungstrainings);
5. Ihre persönliche Entwicklung zu fördern, indem Sie an Workshops bei Randstad RiseSmart teilnehmen;
6. Erfüllung der Managementziele, einschließlich der Bereitstellung von Managementinformationen, Durchführung interner Kontrollen zur Verhinderung von Betrug und zur Durchführung von internen und/oder externen Audits;
7. sofern wir rechtliche Verpflichtungen einhalten und nachweisen müssen;
8. Ihnen die Nutzung der RiseSmart-Technologie (Spotlight und alle zugehörige Software) zu ermöglichen, sofern gewünscht;
9. Wir teilen Ihren Lebenslauf / Profil mit verbundenen Unternehmen des Randstad Konzerns zur Vorstellung des Profils bei ausgewählten Kundenunternehmen;
Rechtsgrundlagen:
Rechtsgrundlage für die Verarbeitungen von Nr. 1., 2., 3., 4., 5., 8. und 9. ist Art. 6 Abs. 1 lit. b DSGVO. Die Verarbeitung ist für die Erfüllung eines Vertrags, dessen Vertragspartei die betroffene Person ist, oder zur Durchführung vorvertraglicher Maßnahmen erforderlich, die auf Anfrage der betroffenen Person erfolgen.
Rechtsgrundlage für die Verarbeitung Nr. 6 ist unser berechtigtes Interesse nach Art.6 Abs. 1 lit f DSGVO.
Rechtsgrundlage für die Verarbeitung Nr. 7 ist Art. 6 Abs 1 lit. c DSGVO.
Empfänger der Daten
(1) Interne Stellen bei Randstad Deutschland zur Bearbeitung und Durchführung des Outplacements.
(2) Potentielle Arbeitgeber/Unternehmen im Rahmen des Outplacements zur Ermittlung einer geeigneten Stelle.
(3)	Verbundene Unternehmen des Randstad Konzerns zur Unterstützung bei der Durchführung des Outplacements.
(4) Dienstleister aus anderen Randstad Gesellschaften, wobei Second und Third-Level Support durch Randstad Gesellschaften in den USA und Indien erbracht werden. Mit diesen Auftragsverarbeitern wurden EU-Standard Vertragsklauseln abgeschlossen, um ein angemessenes Schutzniveau zu gewährleisten.
4. Dauer der Speicherung
Wir garantieren den Zugang zu Spotlight und den Teilnehmerdaten inkl. der Ergebnisse von Workshops, Trainings und eLearnings etc. für die Dauer von 3 Jahre ab Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde. Ihre Daten werden danach zeitnah gelöscht.
Stand: August/2020
T&C_Spotlight_final germany
Effective July 17th 2024
DownloadTable of Contents
NUTZUNGSBEDINGUNGEN | TERMS OF USE |
Spotlight | Spotlight |
SPOTLIGHT ist eine online-basiertes Software-Tool, das Sie im Rahmen der Outplacement-/Karriere-/Redeployment-Beratung/des Worklife Coachings von RANDSTAD RISESMART unterstützt und Ihnen zahlreiche Funktionalitäten bietet. Die Implementierung erfolgt durch einen von RANDSTAD RISESMART beauftragten Dritten. Sie haben das nicht-exklusive, beschränkte Recht, auf SPOTLIGHT gemäß den untenstehenden Bedingungen zuzugreifen. | SPOTLIGHT is an online-based software tool that supports you within the context of RANDSTAD RISESMART’s outplacement/career/redeployment counseling or worklife coaching and offers you numerous functionalities. Implementation is carried out by a third party commissioned by RANDSTAD RISESMART. You have the non-exclusive, limited right to access SPOTLIGHT in accordance with the terms outlined below. |
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1.1 In Deutschland wird Ihnen Spotlight von Randstad RiseSmart GmbH („RANDSTAD RISESMART“) angeboten. RANDSTAD RISESMART bietet Ihnen Spotlight unter diesen Nutzungsbedingungen ("Bedingungen") zur Nutzung an. Indem Sie diese Bedingungen akzeptieren oder auf Spotlight zugreifen oder Spotlight nutzen, bestätigen Sie, dass Sie diese Bedingungen gelesen und verstanden haben und erklären sich damit einverstanden, an sie gebunden zu sein. Wenn Sie mit diesen Bedingungen nicht einverstanden sind, dürfen Sie Spotlight nicht nutzen. | 1.1 In Germany, Spotlight is offered to you by Randstad RiseSmart GmbH (hereinafter referred to as “RANDSTAD RISESMART”). RANDSTAD RISESMART offers Spotlight for use under these Terms of Use (hereinafter referred to as “Terms”). By accepting these Terms or accessing or using Spotlight, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree with these Terms, you may not use Spotlight. |
1.2 RANDSTAD RISESMART kann diese Bedingungen jederzeit und ohne Vorankündigung ändern. Die geänderten Nutzungsbedingungen treten in Kraft, sobald sie Ihnen zur Kenntnis gebracht werden. Dies geschieht, wenn Sie sich in SPOTLIGHT mit den Ihnen zur Verfügung gestellten Zugangsdaten anmelden. Wenn Sie danach SPOTLIGHT benutzen, stellt Ihre Nutzung die Annahme der geänderten Bedingungen dar. | 1.2 RANDSTAD RISESMART may amend these Terms at any time and without prior notice. The amended Terms of use will enter into force as soon as they are brought to your attention. This happens when you log in to SPOTLIGHT with the access data provided to you. If you use SPOTLIGHT thereafter, your use constitutes acceptance of the amended Terms. |
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2.1 Der Begriff "Dienst" umfasst (a) die Applikation Spotlight, (b) die darin enthaltenen Outplacement- und Karrieremanagement-Dienste und andere verwandte Dienste (einschließlich Dateiverwaltungs- und Analysedienste) sowie verwandte Technologien und Anwendungen (einschließlich, aber nicht beschränkt auf Anwendungen und Dienste, auf die Sie über eine mobile oder andere Schnittstelle zugreifen können, die Ihnen den Zugriff auf solche Anwendungen und Dienste ermöglicht), und (c) alle sonstige enthaltene Software, Materialien, Portale, Empfehlungen, Job-Leads, Daten, Berichte, Texte, Bilder, Töne, Videos, Analysen und andere Inhalte (zusammenfassend als "Inhalt" bezeichnet). Alle neuen Funktionen, die dem Dienst hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls diesen Bedingungen. | 2.1 The term “Service” includes (a) the Spotlight application, (b) the outplacement and career management services and other related services (including file management and analytics services) contained therein and related technologies and applications (including, but not limited to, applications and services which you may access through a mobile interface or any other interface that allows you to access such applications and services), and (c) all other software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, videos, analytics and other content (referred to collectively as “Content”) contained therein. Any new features that are added to or enhance the Service are also subject to these Terms. |
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3.1 Im Rahmen dieser Bedingungen dürfen Sie auf den Dienst nur für rechtmäßige Zwecke zugreifen und ihn nutzen. Der Dienst ist nur für den persönlichen Gebrauch bestimmt. Alle Rechte am Dienst und seinen Komponenten verbleiben bei RANDSTAD RISESMART und gehören ausschließlich RANDSTAD RISESMART. Sie dürfen nicht (und dürfen dies auch Dritten nicht gestatten): | 3.1 Under these Terms, you may only access and use the Service for lawful purposes. The Service is intended for personal use only. All rights to the Service and its components remain with RANDSTAD RISESMART and belong exclusively to RANDSTAD RISESMART. You may not (and may not allow third parties to do so): |
3.1.1 den Dienst kopieren, reproduzieren, modifizieren, löschen, verteilen, herunterladen, speichern, übertragen, veröffentlichen, ein davon abgeleitetes Werk erstellen, zurückentwickeln, reassemblieren oder anderweitig direkt oder indirekt versuchen, den Quellcode des Dienstes zu ermitteln, ihn zu verkaufen, unterzulizenzieren, weiterzuverkaufen, zu vermieten, zu verpachten, zu übertragen, abzutreten oder den Dienst anderweitig kommerziell zu verwerten oder Dritten zur Verfügung zu stellen; | 3.1.1 copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work from, reverse engineer, reassemble or otherwise directly or indirectly attempt to discover the source code of the Service, sell, sublicense, resell, rent, lease, transfer, assign or otherwise commercially exploit the Service or make the Service available to any third party; |
3.1.2 den Dienst auf irgendeine ungesetzliche Art und Weise nutzen (einschließlich, aber nicht beschränkt auf die Verletzung von Daten-, Datenschutz- oder Exportkontrollgesetzen) oder auf irgendeine Art und Weise, die die Integrität oder Leistung des Dienstes oder seiner Komponenten stört oder unterbricht; | 3.1.2 use the Service in any unlawful manner (including, but not limited to, in violation of data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components; |
3.1.3 den Dienst modifizieren, anpassen oder hacken oder anderweitig zu versuchen, sich unberechtigten Zugang zum Dienst oder seinen zugehörigen Systemen oder Netzwerken zu verschaffen; oder | 3.1.3 modify, adapt or hack the Service or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or |
3.2 Sie sind verpflichtet, diese Nutzungsbedingungen, alle Gesetze und Vorschriften sowie alle Richtlinien oder sonstigen Hinweise einzuhalten, die RANDSTAD RISESMART Ihnen in Verbindung mit dem Dienst zur Verfügung stellt oder veröffentlicht, und Sie sind verpflichtet, RANDSTAD RISESMART unverzüglich zu benachrichtigen, wenn Sie von einer Sicherheitsverletzung im Zusammenhang mit dem Dienst erfahren. Darüber hinaus unterliegen Sie bei der Nutzung bestimmter Leistungen zusätzlichen Bedingungen, die für diese bestimmten Leistungen gelten und die von Zeit zu Zeit in Spotlight veröffentlicht werden. | 3.2 You must comply with these Terms of Use, all laws and regulations, and any policies or other notices RANDSTAD RISESMART provides or posts to you in connection with the Service, and you must notify RANDSTAD RISESMART immediately if you become aware of any breach of security in connection with the Service. In addition, your use of certain Services is subject to additional Terms applicable to those particular Services, which will be published on Spotlight from time to time. |
3.3 RANDSTAD RISESMART behält sich das Recht vor, den Dienst ohne vorherige Ankündigung zu beenden, wenn Sie diese Bedingungen oder irgendwelche Gesetze und/oder Vorschriften nicht einhalten. Darüber hinaus ist RANDSTAD RISESMART berechtigt, den Dienst zu beenden, wenn Sie den Dienst über einen Zeitraum von 24 Monaten nicht genutzt haben. | 3.3 RANDSTAD RISESMART reserves the right to terminate the Service without notice if you fail to comply with these Terms or any laws and/or regulations. In addition, RANDSTAD RISESMART is entitled to terminate the Service if you have not used the Service for a period of 24 months. |
3.4 Spotlight sowie jede andere von RANDSTAD RISESMART in Verbindung mit dem Dienst zur Verfügung gestellte Software ("Software") enthält proprietäre und vertrauliche Informationen, die durch geltende Gesetze über geistiges Eigentum und andere Gesetze geschützt sind. Vorbehaltlich dieser Bedingungen gewährt Ihnen RANDSTAD RISESMART hiermit ein persönliches, nicht übertragbares, nicht unterlizenzierbares und nicht exklusives Recht und die Lizenz, den Objektcode einer Software auf einem einzelnen Gerät ausschließlich in Verbindung mit dem Dienst zu verwenden, vorausgesetzt, Sie oder ein durch Sie beauftragter Dritter versuchen nicht, den Quellcode de Software zu ermitteln, zu kopieren, zu modifizieren, zu verwenden oder zu disassemblieren, um ein abgeleitetes Werk neu zu erstellen oder ein Recht an der Software zu verkaufen, zu gewähren, unterzulizenzieren oder anderweitig zu übertragen. Es wird Ihnen in Verbindung mit dem Dienst keine Lizenz oder kein Recht zur Nutzung einer Marke von RANDSTAD RISESMART oder eines Dritten gewährt. | 3.4 Spotlight and any other software provided by RANDSTAD RISESMART in connection with the Service (hereinafter referred to as “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to these Terms, RANDSTAD RISESMART hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you or a third party authorized by you do not attempt to discover, copy, modify, use or disassemble the source code of the Software to create a derivative work or sell, grant, sublicense or otherwise transfer any right in the Software. No license or right to use any trademark of RANDSTAD RISESMART or any third party is granted to you in connection with the Service. |
3.5 Sie erklären sich damit einverstanden, auf den Dienst nur über die Schnittstelle zuzugreifen, die von RANDSTAD RISESMART für den Zugriff auf den Dienst zur Verfügung gestellt wird. | 3.5 You agree to access the Service only through the interface provided by RANDSTAD RISESMART for access to the Service. |
3.6 Sie sind allein verantwortlich für alle Daten, Informationen, Rückmeldungen, Vorschläge, Texte, Inhalte und andere Materialien, die Sie hochladen, veröffentlichen, liefern, bereitstellen oder anderweitig übertragen oder speichern (nachfolgend "übertragen) in Verbindung mit oder in Bezug auf den Dienst ("Ihre Inhalte"). Sie erklären und garantieren hiermit, dass Ihre Inhalte, die von Ihnen übertragen werden: | 3.6 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereinafter referred to as “transmit”) in connection with or relating to the Service (hereinafter referred to as “Your Content”). You hereby declare and warrant that Your Content that is transmitted by you: |
3.6.1 wahrheitsgemäß und vollständig sind (insbesondere Lebenslauf, biographische Daten und Beschäftigungsinformationen) und | 3.6.1 is truthful and complete (in particular your curriculum vitae, biographical data and employment information) and |
3.6.2 frei von Bugs, Würmern oder Viren sind. | 3.6.2 that it is free of bugs, worms or viruses. |
3.7 RANDSTAD RISESMART kann Ihre Inhalte, die sich als unrichtig erweisen, ohne vorherige Ankündigung entfernen. Es ist nicht gestattet, Nachrichten zu senden oder zu posten und/oder Material mit irreführenden, beleidigenden, diskriminierenden oder anderweitig rechtswidrigen Inhalten oder unangemessenen oder unnötig anstößigen Inhalten hochzuladen. RANDSTAD RISESMART behält sich das Recht vor, solche Nachrichten und/oder Uploads nicht zu posten oder sie ohne vorherige Ankündigung zu entfernen. | 3.7 RANDSTAD RISESMART may remove Your Content if it proves to be incorrect without prior notice. It is not permitted to send or post messages and/or upload material with misleading, offensive, discriminatory or otherwise unlawful content or inappropriate or unnecessarily offensive content. RANDSTAD RISESMART reserves the right not to post such messages and/or uploads or to remove them without prior notice. |
3.8 Sie sind verantwortlich für die Wahrung der Vertraulichkeit Ihres Passworts und Kontos und für alle Aktivitäten, die unter Ihrem Login oder Konto stattfinden. RANDSTAD RISESMART behält sich das Recht vor, auf Ihr Konto zuzugreifen, um auf Ihre Anfragen nach technischer Unterstützung zu antworten. RANDSTAD RISESMART ergreift Sicherheitsmaßnahmen, um den unbefugten Zugang zu und die unbefugte Nutzung von Daten im Dienst zu verhindern. Sie sollten sich dennoch darüber im Klaren sein, dass es unmöglich ist, eine unbefugte und/oder unrechtmäßige Nutzung Ihrer Daten oder eine unbeabsichtigte Verschlechterung oder einen unbeabsichtigten Verlust vollständig auszuschließen. | 3.8 You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your login or account. RANDSTAD RISESMART reserves the right to access your account in order to respond to your requests for technical support. RANDSTAD RISESMART takes security measures to prevent unauthorized access to and use of data on the Service. You should nevertheless be aware that it is impossible to completely rule out unauthorized and/or unlawful use of your data or its unintentional deterioration or loss. |
3.9 Sie nehmen zur Kenntnis, dass der Betrieb des Dienstes, einschließlich Ihrer Inhalte, unverschlüsselt erfolgen kann bei: - Übertragungen über verschiedene Netzwerke; - Änderungen zur Konformität und Anpassung an die technischen Anforderungen der verbindenden Netzwerke oder Geräte; - Übertragungen an Drittanbieter und Hosting-Partner von RANDSTAD RISESMART, um die notwendige Hardware, Software, Netzwerk-, Speicher- und verwandte Technologie bereitzustellen, die für den Betrieb und die Wartung des Dienstes erforderlich ist, und; - die Übertragung an andere Dritte in Verbindung mit der Bereitstellung des Dienstes für Sie. | 3.9 You acknowledge that the operation of the Service, including Your Content, may be unencrypted in the following situations: – during transmission via various networks; – during changes regarding conformity and adaptation to the technical requirements of the connecting networks or devices; – during transfer to third party vendors and hosting partners of RANDSTAD RISESMART to provide the necessary hardware, software, network, storage and related technology required to operate and maintain the Service, and; - during transfer to other third parties in connection with the provision of the Service to you. |
3.10 Wenn Sie auf der Suche nach einem Arbeitsplatz oder einer Karriereentwicklung sind, erklären Sie sich ferner damit einverstanden, bei der Verwaltung von Stellenangeboten und anderen Informationen, die durch den Dienst angeboten oder durch diesen beschafft werden, Ihr eigenes Urteilsvermögen, Ihre Vorsicht und Ihren gesunden Menschenverstand walten zu lassen und dass Sie das alleinige Risiko des Vertrauens in oder der Nutzung von Inhalten (einschließlich aller Stellenangebote oder Karriereratschläge oder -empfehlungen), die durch den Dienst bereitgestellt werden, tragen. | 3.10 If you are seeking employment or career development, you further agree to exercise your own judgment, caution and common sense in managing job listings and other information offered or obtained through the Service and that you bear the sole risk of reliance on or use of any Content (including any job listings or career advice or recommendations) provided through the Service. |
3.11 Ihnen ist bekannt, dass ein Kunde von RANDSTAD RISESMART RANDSTAD RISESMART beauftragen kann, die gegenwärtigen und/oder ehemaligen Mitarbeiter des Kunden bei der Suche nach einer Beschäftigung zu unterstützen ("Kundenauftrag"). Wenn Sie die Dienstleistungen im Rahmen eines solchen Kundenauftrags in Anspruch nehmen, kann RANDSTAD RISESMART dem Kunden Fortschrittsberichte und andere Informationen zur Verfügung stellen, die Sie identifizieren und den Status Ihrer Nutzung der Dienstleistung, den Umfang Ihrer Nutzung der Dienstleistung, Ihren Meilenstein-Fortschritt und Status bei der Arbeitssuche, Ihre Zufriedenheit oder anderes Feedback in Bezug auf die Dienstleistung, einzeln oder in aggregierter Form, angeben. Weitere Informationen zur Erfassung, Verwendung und Weitergabe von Informationen, die Sie und Ihr (ehemaliger) Arbeitgeber im Zusammenhang mit Kundenaufträgen zur Verfügung stellen, finden Sie in der Datenschutzerklärung für RANDSTAD RISESMART (Outplacement, Karriereberatung, Redeployment, Worklife Coaching). | 3.11 You are aware that a client of RANDSTAD RISESMART may engage RANDSTAD RISESMART to assist the client’s current and/or former employees in finding employment (hereinafter referred to as “Client Assignment”). If you use the Services under such a Client Assignment, RANDSTAD RISESMART may provide the Client with progress reports and other information that identifies you and indicates the status of your use of the Service, the extent of your use of the Service, your milestone progress and job search status, your satisfaction or other feedback regarding the Service, individually or in aggregate form. For more information on the collection, use and disclosure of information that you and your (former) employer provide in connection with Client Assignments, please refer to the RANDSTAD RISESMART Data Privacy Statement (Outplacement, Career Counseling, Redeployment, Worklife Coaching). |
3.12 Sie erklären sich damit einverstanden, dass RANDSTAD RISESMART: - allgemeine Bedingungen bezüglich der Nutzung des Dienstes festlegen kann, einschließlich, aber nicht beschränkt auf die maximale Zeitspanne, während der Inhalte oder irgendwelche Ihrer Inhalte aufbewahrt werden und den maximalen Speicherplatz, der Ihrem Konto zugeteilt wird, - nicht verantwortlich oder haftbar ist für die Löschung oder das Versäumnis, einen Inhalt oder einen Ihrer Inhalte zu speichern, der von dem Dienst verwaltet oder auf den Dienst hochgeladen wird - den Inhalt und alle Ihre Inhalte aufbewahren und den Inhalt und Ihre Inhalte offenlegen kann, wenn dies gesetzlich oder durch das Gesetz verlangt wird: - diese Bedingungen durchsetzt; - auf Behauptungen reagiert, dass ein Inhalt oder einer Ihrer Inhalte die Rechte Dritter verletzt. | 3.12 You agree that RANDSTAD RISESMART: – may set general Terms regarding the use of the Service, including, but not limited to, the maximum period of time during which Content or any of Your Content will be retained and the maximum storage space allocated to your account, – is not responsible or liable for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, – may retain the Content and all of Your Content and may disclose the Content and Your Content if required to do so by law; – will enforce these Terms; – will respond to claims that any Content or any of Your Content infringes the rights of third parties. |
3.13 Beendigung Mit Beendigung des zwischen Ihnen und RANDSTAD RISESMART geschlossenen Vertrages oder im Falle einer separaten Kündigung Ihres Kontos haben Sie Zugriff auf die "Alumni-Version" von Spotlight und Sie können auf Ihren Account für einen unbegrenzten Zeitraum zugreifen. Ihre personenbezogenen Teilnehmerdaten werden für die Dauer von zwei Jahren beginnend mit dem Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde, von RANDSTAD RISESMART gespeichert. Ihre Daten werden danach zeitnah gelöscht. | 3.13 Termination Upon termination of the contract concluded between you and RANDSTAD RISESMART or in the event of a separate termination of your account, you will have access to the “alumni version” of Spotlight and you will be able to access your account for an unlimited period of time. Your personal subscriber data will be stored by RANDSTAD RISESMART for a period of two years starting at the end of the calendar year in which the contract ends or your account is terminated by you. Your data will then be deleted promptly. |
3.14 RANDSTAD RISESMART behält sich das Recht vor: | 3.14 RANDSTAD RISESMART reserves the right to: |
3.14.1 den Dienst (oder einen Teil davon) vorübergehend oder dauerhaft zu ändern oder einzustellen und | 3.14.1 temporarily or permanently modify or discontinue the Service (or any part thereof); and |
3.14.2 jegliche gegenwärtige und zukünftige Nutzung des Dienstes zu verweigern, Ihr Konto (oder einen Teil davon) oder die Nutzung des Dienstes zu sperren oder zu beenden und jeglichen Ihrer Inhalte im Dienst zu entfernen und zu verwerfen, wenn Sie gegen diese Bedingungen verstoßen haben und trotz vorheriger Abmahnung durch RANDSTAD RISESMART weiterhin gegen diese Bedingungen verstoßen. | 3.14.2 refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content on the Service if you have breached these Terms and continue to breach these Terms despite prior warning from RANDSTAD RISESMART. |
3.15 den Dienst anzupassen, z.B. im Zusammenhang mit technologischen Entwicklungen. Dabei können bestehende Funktionalitäten angepasst, ergänzt oder gelöscht werden. Soweit möglich, wird RANDSTAD RISESMART Sie im Voraus über alle Änderungen informieren, die einen wesentlichen Einfluss auf Ihre Nutzung des Dienstes haben. | 3.15 adapt the Service, e.g. in connection with technological developments. Existing functionalities can be adapted, supplemented or deleted. To the extent possible, RANDSTAD RISESMART will notify you in advance of any changes that have a material impact on your use of the Service. |
3.16 RANDSTAD RISESMART will take reasonable measures to ensure the availability and quality of the Service. RANDSTAD RISESMART is expressly not responsible for any failure or reduced availability of the Service due to force majeure (including internet outages, hacking, denial of service attacks) and/or acts or omissions by you or any third party engaged by you and excludes all liability in this respect. | 3.16 RANDSTAD RISESMART wird angemessene Maßnahmen ergreifen, die Verfügbarkeit und Qualität des Dienstes zu gewährleisten. RANDSTAD RISESMART ist ausdrücklich nicht verantwortlich für Ausfälle oder eingeschränkte Verfügbarkeit des Dienstes aufgrund höherer Gewalt (einschließlich Ausfällen im Internet, Hacking, Denial-of-Service-Angriffe) und/oder Handlungen oder Unterlassungen von Ihnen selbst oder von Ihnen eingeschalteten Dritten und schließt diesbezüglich jegliche Haftung aus. |
3.17 Links zu anderen Websites. | 3.17 Links to other websites. |
3.18 Der Dienst kann Links zu anderen Websites enthalten. Diese Links werden Ihnen nur als Dienstleistung zur Verfügung gestellt. Dies bedeutet nicht, dass der Inhalt auf den Websites Dritter von RANDSTAD RISESMART genehmigt wurde. RANDSTAD RISESMART ist nicht verantwortlich für den Inhalt verlinkter Websites Dritter und gibt keine Zusicherungen bezüglich des Inhalts oder der Genauigkeit der Materialien auf diesen Websites Dritter ab. Der Zugriff auf verlinkte Websites Dritter erfolgt auf Ihr eigenes Risiko. | 3.18 The Service may contain links to other websites. These links are provided to you as a service only. This does not mean that the content on third party websites has been approved by RANDSTAD RISESMART. RANDSTAD RISESMART is not responsible for the content of linked third-party websites and makes no representations regarding the content or accuracy of materials on such third-party websites. Access to linked third-party websites is at your own risk. |
3.19 Mobile Geräte. | 3.19 Mobile devices. |
3.20 Durch die Nutzung des Dienstes auf einem mobilen Gerät stimmen Sie zu, dass Informationen über Ihre Nutzung des Dienstes mit RANDSTAD RISESMART über Ihr mobiles Gerät und Ihren Provider, einschließlich Ihres Netzbetreibers, Ihres mobilen Geräts und Ihres physischen Standorts, ausgetauscht werden können. Darüber hinaus kann die Nutzung des Dienstes auf einem mobilen Gerät dazu führen, dass Daten auf und über Ihr mobiles Gerät angezeigt werden. Durch den Zugriff auf den Dienst von einem mobilen Gerät aus erklären Sie, dass Sie, wenn Sie RANDSTAD RISESMART-Daten auf Ihr mobiles Gerät importieren, die Berechtigung haben, die übertragenen Daten mit Ihrem mobilen Dienstanbieter oder einem anderen Dienstanbieter gemeinsam zu nutzen. Wenn Sie Ihr mobiles Gerät / Ihr Konto ändern oder deaktivieren, müssen Sie sicherstellen, dass andere Personen keinen Zugriff auf Ihr Konto (und ggf. auf zugehörige Nachrichten) haben. Sie sind für die Unterlassung von solchen Handlungen verantwortlich. Sie erkennen an, dass Sie für alle Kosten und Genehmigungen verantwortlich sind, die für den Zugriff auf den Dienst über Ihr mobiles Gerät und Ihren Provider erforderlich sind. Durch die Verwendung einer herunterladbaren Anwendung zur Nutzung des Dienstes erkennen Sie ausdrücklich an, dass Sie die Bedingungen der Endbenutzer-Lizenzvereinbarung für die Anwendung akzeptieren, die während des Herunterladens oder der Installation angezeigt werden können und die sich von Zeit zu Zeit ändern können. | 3.20 By using the Service on a mobile device, you agree that information about your use of the Service may be shared with RANDSTAD RISESMART through your mobile device and provider, including your network operator, mobile device and physical location. In addition, using the Service on a mobile device may result in data being displayed on and via your mobile device. By accessing the Service from a mobile device, you represent that if you import RANDSTAD RISESMART data to your mobile device, you have permission to share the transferred data with your mobile service provider or another service provider. If you change or deactivate your mobile device/account, you must ensure that other people do not have access to your account (and any associated messages). It is your responsibility to prevent any such access. You acknowledge that you are responsible for all charges and authorizations required to access the Service through your mobile device and provider. By using a downloadable application to use the Service, you expressly acknowledge that you accept the terms of the end user license agreement for the application, which may be displayed during download or installation and which may change from time to time. |
3.21 Haftung Die Haftung von RANDSTAD RISESMART aus diesem Vertrag sowie aus jedem Rechtsgrund (insbesondere gemäß §§ 280 ff. BGB oder wegen Rechten bei Mängeln oder unerlaubten Handlungen) ist auf Vorsatz, grobe Fahrlässigkeit, die fahrlässige Verletzung vertragswesentlicher Pflichten sowie auf Fälle der Verletzung des Körpers, des Lebens oder der Gesundheit beschränkt. Eine verschuldensunabhängige Haftung sowie die Haftung für Fahrlässigkeit im Übrigen ist ausgeschlossen. Soweit die Haftung von RANDSTAD RISESMART nicht ausgeschlossen ist, ist sie pro Kalenderjahr für alle Schadensfälle unabhängig von der Anzahl der Schadensfälle, die in diesem Kalenderjahr eintreten, insgesamt auf die Höhe der für den Dienst bezahlten Summe beschränkt. RANDSTAD RISESMART haftet nicht für Folgeschäden (insbesondere nicht für entgangenen Gewinn, Finanzierungsaufwendungen, Produktionsstillstand). Eine Übertragung nicht in Anspruch genommener Haftungsbeträge auf nachfolgende Kalenderjahre ist nicht möglich. Fälle zwingender gesetzlicher Haftung (bspw. bei Vorsatz) bleiben von diesen Vorschriften unberührt. Die Haftung von RANDSTAD RISESMART ist ausgeschlossen, sofern nicht innerhalb von 12 Kalendermonaten nach Schadenseintritt eine schriftliche Anmeldung des Schadensersatzanspruchs und – im Falle der Ablehnung durch RANDSTAD RISESMART – innerhalb von einem Kalendermonat eine gerichtliche Geltendmachung erfolgt (Ausschlussfrist). | 3.21 Liability RANDSTAD RISESMART’s liability under this Agreement and under any legal grounds (in particular according to Section 280 ff. of the German Civil Code [BGB], or due to rights in case of defects or tortuous acts) is limited to intent, gross negligence, the negligent breach of essential contractual obligations and cases of injury to body, life or health. No-fault liability and liability for negligence in other respects are excluded. Insofar as RANDSTAD RISESMART’s liability is not excluded, it is limited to the amount paid for the service per calendar year for all claims, irrespective of the number of claims that occur in that calendar year. RANDSTAD RISESMART is not liable for consequential damages (especially not for lost profit, financing expenses, production downtime). Unused liability amounts from a calendar year cannot be carried over to subsequent calendar years. Cases of mandatory legal liability (e.g. in case of intent) remain unaffected by these provisions. RANDSTAD RISESMART’s liability is excluded unless a written claim for damages is filed within 12 calendar months of the occurrence of the damage and—in the event of rejection by RANDSTAD RISESMART—a legal claim is made within one calendar month (exclusion period). |
3.22 Schadloshaltung. | 3.22 Indemnity. |
3.23 Sie sind verpflichtet, RANDSTAD RISESMART zu verteidigen, zu entschädigen und schadlos zu halten von allen und gegen alle Ansprüche, Klagen oder Forderungen, einschließlich angemessener Rechtsverfolgungskosten, die sich aus Ihrem Verstoß gegen diese Bedingungen, Ihren Inhalten oder Ihrem Zugang, Beitrag, Ihrer Nutzung oder Ihrem Missbrauch des Dienstes ergeben oder daraus resultieren. | You agree to defend, indemnify and hold RANDSTAD RISESMART harmless from and against any and all claims, actions or demands, including reasonable legal fees, arising out of or resulting from your violation of these Terms, Your Content or your access, contribution, use or misuse of the Service. |
3.24 Geltendes Recht | 3.24 Applicable law. |
3.25 Diese Bedingungen und Konditionen unterliegen dem Recht der Bundesrepublik Deutschland unter Ausschluss des deutschen internationalen Privatrechts. | 3.25 These terms and conditions are subject to the law of the Federal Republic of Germany to the exclusion of German international private law. |
3.26 Apple-aktivierte Software-Anwendungen. | 3.26 Apple-enabled software applications. |
3.27 RANDSTAD RISESMART bietet Softwareanwendungen an, die dazu bestimmt sind, in Verbindung mit Produkten betrieben zu werden, die von Apple Inc. kommerziell verfügbar gemacht werden. ("Apple") neben anderen Plattformen kommerziell verfügbar gemacht werden. In Bezug auf Software, die Ihnen in Verbindung mit einem Produkt der Marke Apple zur Verfügung gestellt wird (solche Software, "Apple-fähige Software"), erkennt RANDSTAD RISESMART an, dass diese Bedingungen nur zwischen RANDSTAD RISESMART und Ihnen und nicht mit Apple vereinbart werden. Wenn Sie Fragen, Beschwerden oder Schadenersatzforderungen im Zusammenhang mit der Apple-kompatiblen Software haben, können Sie diese wie folgt an RANDSTAD RISESMART richten: user.support@risesmart.com Randstad, Inc. 55 Almaden Boulevard, Suite 800 San Jose, CA 95113 United States of America | 3.27 RANDSTAD RISESMART offers software applications that are intended to be used in conjunction with products made commercially available by Apple Inc. (hereinafter referred to as “Apple”), among other platforms. With respect to any software provided to you in connection with an Apple-branded product (such software shall hereinafter be referred to as “Apple-compatible Software”), RANDSTAD RISESMART acknowledges that these Terms are agreed only between RANDSTAD RISESMART and you, and not with Apple. If you have any questions, complaints or claims in connection with the Apple-compatible Software, you can address them to RANDSTAD RISESMART as follows: user.support@risesmart.com Randstad, Inc. 55 Almaden Boulevard, Suite 800 San Jose, CA 95113 USA |
3.28 Sie und RANDSTAD RISESMART erkennen an und erklären sich damit einverstanden, dass Apple und seine Tochtergesellschaften Drittbegünstigte dieser Bedingungen in Bezug auf die Apple-kompatible Software sind und Apple aufgrund Ihrer Zustimmung zu den Bestimmungen dieser Bedingungen das Recht hat (akzeptiert), in seiner Eigenschaft als Drittbegünstigter diese Bedingungen in Bezug auf Apple-kompatible Software gegen Sie durchzusetzen. | 3.28 You and RANDSTAD RISESMART acknowledge and agree that Apple and its affiliates are third party beneficiaries of these Terms with respect to the Apple-compatible Software, and Apple has the right (accepts the right) to enforce these Terms against you in its capacity as a third party beneficiary with respect to Apple-compatible Software by virtue of your agreement to the provisions of these Terms. |
3.29 Datenschutz Vertrauliche Informationen, einschließlich personenbezogener Daten, werden durch den Dienst und bei der Erstellung eines Accounts für den Dienst verarbeitet. RANDSTAD RISESMART wird Ihre persönlichen Daten vertraulich behandeln. Weitere Informationen finden Sie in der Datenschutzerklärung für RANDSTAD RISESMART (Outplacement-, Karriere-, Redeployment-Beratung, Worklife Coaching). | 3.29 Data protection Confidential information, including personal data, is processed through the Service and when creating an account for the Service. RANDSTAD RISESMART will treat your personal data confidentially. For more information, please refer to the RANDSTAD RISESMART Data Privacy Statement (Outplacement, Career Counseling, Redeployment, Worklife Coaching). |
Stand: Januar 2024 | Last amended: January 2024 |
Effective July 17th 2024 to July 17th 2024
DownloadTable of Contents
NUTZUNGSBEDINGUNGEN | TERMS OF USE |
Spotlight | Spotlight |
SPOTLIGHT ist eine online-basiertes Software-Tool, das Sie im Rahmen der Outplacement-/Karriere-/Redeployment-Beratung/des Worklife Coachings von RANDSTAD RISESMART unterstützt und Ihnen zahlreiche Funktionalitäten bietet. Die Implementierung erfolgt durch einen von RANDSTAD RISESMART beauftragten Dritten. Sie haben das nicht-exklusive, beschränkte Recht, auf SPOTLIGHT gemäß den untenstehenden Bedingungen zuzugreifen. | SPOTLIGHT is an online-based software tool that supports you within the context of RANDSTAD RISESMART’s outplacement/career/redeployment counseling or worklife coaching and offers you numerous functionalities. Implementation is carried out by a third party commissioned by RANDSTAD RISESMART. You have the non-exclusive, limited right to access SPOTLIGHT in accordance with the terms outlined below. |
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1.1 In Deutschland wird Ihnen Spotlight von Randstad RiseSmart GmbH („RANDSTAD RISESMART“) angeboten. RANDSTAD RISESMART bietet Ihnen Spotlight unter diesen Nutzungsbedingungen ("Bedingungen") zur Nutzung an. Indem Sie diese Bedingungen akzeptieren oder auf Spotlight zugreifen oder Spotlight nutzen, bestätigen Sie, dass Sie diese Bedingungen gelesen und verstanden haben und erklären sich damit einverstanden, an sie gebunden zu sein. Wenn Sie mit diesen Bedingungen nicht einverstanden sind, dürfen Sie Spotlight nicht nutzen. | 1.1 In Germany, Spotlight is offered to you by Randstad RiseSmart GmbH (hereinafter referred to as “RANDSTAD RISESMART”). RANDSTAD RISESMART offers Spotlight for use under these Terms of Use (hereinafter referred to as “Terms”). By accepting these Terms or accessing or using Spotlight, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree with these Terms, you may not use Spotlight. |
1.2 RANDSTAD RISESMART kann diese Bedingungen jederzeit und ohne Vorankündigung ändern. Die geänderten Nutzungsbedingungen treten in Kraft, sobald sie Ihnen zur Kenntnis gebracht werden. Dies geschieht, wenn Sie sich in SPOTLIGHT mit den Ihnen zur Verfügung gestellten Zugangsdaten anmelden. Wenn Sie danach SPOTLIGHT benutzen, stellt Ihre Nutzung die Annahme der geänderten Bedingungen dar. | 1.2 RANDSTAD RISESMART may amend these Terms at any time and without prior notice. The amended Terms of use will enter into force as soon as they are brought to your attention. This happens when you log in to SPOTLIGHT with the access data provided to you. If you use SPOTLIGHT thereafter, your use constitutes acceptance of the amended Terms. |
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2.1 Der Begriff "Dienst" umfasst (a) die Applikation Spotlight, (b) die darin enthaltenen Outplacement- und Karrieremanagement-Dienste und andere verwandte Dienste (einschließlich Dateiverwaltungs- und Analysedienste) sowie verwandte Technologien und Anwendungen (einschließlich, aber nicht beschränkt auf Anwendungen und Dienste, auf die Sie über eine mobile oder andere Schnittstelle zugreifen können, die Ihnen den Zugriff auf solche Anwendungen und Dienste ermöglicht), und (c) alle sonstige enthaltene Software, Materialien, Portale, Empfehlungen, Job-Leads, Daten, Berichte, Texte, Bilder, Töne, Videos, Analysen und andere Inhalte (zusammenfassend als "Inhalt" bezeichnet). Alle neuen Funktionen, die dem Dienst hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls diesen Bedingungen. | 2.1 The term “Service” includes (a) the Spotlight application, (b) the outplacement and career management services and other related services (including file management and analytics services) contained therein and related technologies and applications (including, but not limited to, applications and services which you may access through a mobile interface or any other interface that allows you to access such applications and services), and (c) all other software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, videos, analytics and other content (referred to collectively as “Content”) contained therein. Any new features that are added to or enhance the Service are also subject to these Terms. |
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3.1 Im Rahmen dieser Bedingungen dürfen Sie auf den Dienst nur für rechtmäßige Zwecke zugreifen und ihn nutzen. Der Dienst ist nur für den persönlichen Gebrauch bestimmt. Alle Rechte am Dienst und seinen Komponenten verbleiben bei RANDSTAD RISESMART und gehören ausschließlich RANDSTAD RISESMART. Sie dürfen nicht (und dürfen dies auch Dritten nicht gestatten): | 3.1 Under these Terms, you may only access and use the Service for lawful purposes. The Service is intended for personal use only. All rights to the Service and its components remain with RANDSTAD RISESMART and belong exclusively to RANDSTAD RISESMART. You may not (and may not allow third parties to do so): |
3.1.1 den Dienst kopieren, reproduzieren, modifizieren, löschen, verteilen, herunterladen, speichern, übertragen, veröffentlichen, ein davon abgeleitetes Werk erstellen, zurückentwickeln, reassemblieren oder anderweitig direkt oder indirekt versuchen, den Quellcode des Dienstes zu ermitteln, ihn zu verkaufen, unterzulizenzieren, weiterzuverkaufen, zu vermieten, zu verpachten, zu übertragen, abzutreten oder den Dienst anderweitig kommerziell zu verwerten oder Dritten zur Verfügung zu stellen; | 3.1.1 copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work from, reverse engineer, reassemble or otherwise directly or indirectly attempt to discover the source code of the Service, sell, sublicense, resell, rent, lease, transfer, assign or otherwise commercially exploit the Service or make the Service available to any third party; |
3.1.2 den Dienst auf irgendeine ungesetzliche Art und Weise nutzen (einschließlich, aber nicht beschränkt auf die Verletzung von Daten-, Datenschutz- oder Exportkontrollgesetzen) oder auf irgendeine Art und Weise, die die Integrität oder Leistung des Dienstes oder seiner Komponenten stört oder unterbricht; | 3.1.2 use the Service in any unlawful manner (including, but not limited to, in violation of data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components; |
3.1.3 den Dienst modifizieren, anpassen oder hacken oder anderweitig zu versuchen, sich unberechtigten Zugang zum Dienst oder seinen zugehörigen Systemen oder Netzwerken zu verschaffen; oder | 3.1.3 modify, adapt or hack the Service or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or |
3.2 Sie sind verpflichtet, diese Nutzungsbedingungen, alle Gesetze und Vorschriften sowie alle Richtlinien oder sonstigen Hinweise einzuhalten, die RANDSTAD RISESMART Ihnen in Verbindung mit dem Dienst zur Verfügung stellt oder veröffentlicht, und Sie sind verpflichtet, RANDSTAD RISESMART unverzüglich zu benachrichtigen, wenn Sie von einer Sicherheitsverletzung im Zusammenhang mit dem Dienst erfahren. Darüber hinaus unterliegen Sie bei der Nutzung bestimmter Leistungen zusätzlichen Bedingungen, die für diese bestimmten Leistungen gelten und die von Zeit zu Zeit in Spotlight veröffentlicht werden. | 3.2 You must comply with these Terms of Use, all laws and regulations, and any policies or other notices RANDSTAD RISESMART provides or posts to you in connection with the Service, and you must notify RANDSTAD RISESMART immediately if you become aware of any breach of security in connection with the Service. In addition, your use of certain Services is subject to additional Terms applicable to those particular Services, which will be published on Spotlight from time to time. |
3.3 RANDSTAD RISESMART behält sich das Recht vor, den Dienst ohne vorherige Ankündigung zu beenden, wenn Sie diese Bedingungen oder irgendwelche Gesetze und/oder Vorschriften nicht einhalten. Darüber hinaus ist RANDSTAD RISESMART berechtigt, den Dienst zu beenden, wenn Sie den Dienst über einen Zeitraum von 24 Monaten nicht genutzt haben. | 3.3 RANDSTAD RISESMART reserves the right to terminate the Service without notice if you fail to comply with these Terms or any laws and/or regulations. In addition, RANDSTAD RISESMART is entitled to terminate the Service if you have not used the Service for a period of 24 months. |
3.4 Spotlight sowie jede andere von RANDSTAD RISESMART in Verbindung mit dem Dienst zur Verfügung gestellte Software ("Software") enthält proprietäre und vertrauliche Informationen, die durch geltende Gesetze über geistiges Eigentum und andere Gesetze geschützt sind. Vorbehaltlich dieser Bedingungen gewährt Ihnen RANDSTAD RISESMART hiermit ein persönliches, nicht übertragbares, nicht unterlizenzierbares und nicht exklusives Recht und die Lizenz, den Objektcode einer Software auf einem einzelnen Gerät ausschließlich in Verbindung mit dem Dienst zu verwenden, vorausgesetzt, Sie oder ein durch Sie beauftragter Dritter versuchen nicht, den Quellcode de Software zu ermitteln, zu kopieren, zu modifizieren, zu verwenden oder zu disassemblieren, um ein abgeleitetes Werk neu zu erstellen oder ein Recht an der Software zu verkaufen, zu gewähren, unterzulizenzieren oder anderweitig zu übertragen. Es wird Ihnen in Verbindung mit dem Dienst keine Lizenz oder kein Recht zur Nutzung einer Marke von RANDSTAD RISESMART oder eines Dritten gewährt. | 3.4 Spotlight and any other software provided by RANDSTAD RISESMART in connection with the Service (hereinafter referred to as “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to these Terms, RANDSTAD RISESMART hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you or a third party authorized by you do not attempt to discover, copy, modify, use or disassemble the source code of the Software to create a derivative work or sell, grant, sublicense or otherwise transfer any right in the Software. No license or right to use any trademark of RANDSTAD RISESMART or any third party is granted to you in connection with the Service. |
3.5 Sie erklären sich damit einverstanden, auf den Dienst nur über die Schnittstelle zuzugreifen, die von RANDSTAD RISESMART für den Zugriff auf den Dienst zur Verfügung gestellt wird. | 3.5 You agree to access the Service only through the interface provided by RANDSTAD RISESMART for access to the Service. |
3.6 Sie sind allein verantwortlich für alle Daten, Informationen, Rückmeldungen, Vorschläge, Texte, Inhalte und andere Materialien, die Sie hochladen, veröffentlichen, liefern, bereitstellen oder anderweitig übertragen oder speichern (nachfolgend "übertragen) in Verbindung mit oder in Bezug auf den Dienst ("Ihre Inhalte"). Sie erklären und garantieren hiermit, dass Ihre Inhalte, die von Ihnen übertragen werden: | 3.6 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereinafter referred to as “transmit”) in connection with or relating to the Service (hereinafter referred to as “Your Content”). You hereby declare and warrant that Your Content that is transmitted by you: |
3.6.1 wahrheitsgemäß und vollständig sind (insbesondere Lebenslauf, biographische Daten und Beschäftigungsinformationen) und | 3.6.1 is truthful and complete (in particular your curriculum vitae, biographical data and employment information) and |
3.6.2 frei von Bugs, Würmern oder Viren sind. | 3.6.2 that it is free of bugs, worms or viruses. |
3.7 RANDSTAD RISESMART kann Ihre Inhalte, die sich als unrichtig erweisen, ohne vorherige Ankündigung entfernen. Es ist nicht gestattet, Nachrichten zu senden oder zu posten und/oder Material mit irreführenden, beleidigenden, diskriminierenden oder anderweitig rechtswidrigen Inhalten oder unangemessenen oder unnötig anstößigen Inhalten hochzuladen. RANDSTAD RISESMART behält sich das Recht vor, solche Nachrichten und/oder Uploads nicht zu posten oder sie ohne vorherige Ankündigung zu entfernen. | 3.7 RANDSTAD RISESMART may remove Your Content if it proves to be incorrect without prior notice. It is not permitted to send or post messages and/or upload material with misleading, offensive, discriminatory or otherwise unlawful content or inappropriate or unnecessarily offensive content. RANDSTAD RISESMART reserves the right not to post such messages and/or uploads or to remove them without prior notice. |
3.8 Sie sind verantwortlich für die Wahrung der Vertraulichkeit Ihres Passworts und Kontos und für alle Aktivitäten, die unter Ihrem Login oder Konto stattfinden. RANDSTAD RISESMART behält sich das Recht vor, auf Ihr Konto zuzugreifen, um auf Ihre Anfragen nach technischer Unterstützung zu antworten. RANDSTAD RISESMART ergreift Sicherheitsmaßnahmen, um den unbefugten Zugang zu und die unbefugte Nutzung von Daten im Dienst zu verhindern. Sie sollten sich dennoch darüber im Klaren sein, dass es unmöglich ist, eine unbefugte und/oder unrechtmäßige Nutzung Ihrer Daten oder eine unbeabsichtigte Verschlechterung oder einen unbeabsichtigten Verlust vollständig auszuschließen. | 3.8 You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your login or account. RANDSTAD RISESMART reserves the right to access your account in order to respond to your requests for technical support. RANDSTAD RISESMART takes security measures to prevent unauthorized access to and use of data on the Service. You should nevertheless be aware that it is impossible to completely rule out unauthorized and/or unlawful use of your data or its unintentional deterioration or loss. |
3.9 Sie nehmen zur Kenntnis, dass der Betrieb des Dienstes, einschließlich Ihrer Inhalte, unverschlüsselt erfolgen kann bei: - Übertragungen über verschiedene Netzwerke; - Änderungen zur Konformität und Anpassung an die technischen Anforderungen der verbindenden Netzwerke oder Geräte; - Übertragungen an Drittanbieter und Hosting-Partner von RANDSTAD RISESMART, um die notwendige Hardware, Software, Netzwerk-, Speicher- und verwandte Technologie bereitzustellen, die für den Betrieb und die Wartung des Dienstes erforderlich ist, und; - die Übertragung an andere Dritte in Verbindung mit der Bereitstellung des Dienstes für Sie. | 3.9 You acknowledge that the operation of the Service, including Your Content, may be unencrypted in the following situations: – during transmission via various networks; – during changes regarding conformity and adaptation to the technical requirements of the connecting networks or devices; – during transfer to third party vendors and hosting partners of RANDSTAD RISESMART to provide the necessary hardware, software, network, storage and related technology required to operate and maintain the Service, and; - during transfer to other third parties in connection with the provision of the Service to you. |
3.10 Wenn Sie auf der Suche nach einem Arbeitsplatz oder einer Karriereentwicklung sind, erklären Sie sich ferner damit einverstanden, bei der Verwaltung von Stellenangeboten und anderen Informationen, die durch den Dienst angeboten oder durch diesen beschafft werden, Ihr eigenes Urteilsvermögen, Ihre Vorsicht und Ihren gesunden Menschenverstand walten zu lassen und dass Sie das alleinige Risiko des Vertrauens in oder der Nutzung von Inhalten (einschließlich aller Stellenangebote oder Karriereratschläge oder -empfehlungen), die durch den Dienst bereitgestellt werden, tragen. | 3.10 If you are seeking employment or career development, you further agree to exercise your own judgment, caution and common sense in managing job listings and other information offered or obtained through the Service and that you bear the sole risk of reliance on or use of any Content (including any job listings or career advice or recommendations) provided through the Service. |
3.11 Ihnen ist bekannt, dass ein Kunde von RANDSTAD RISESMART RANDSTAD RISESMART beauftragen kann, die gegenwärtigen und/oder ehemaligen Mitarbeiter des Kunden bei der Suche nach einer Beschäftigung zu unterstützen ("Kundenauftrag"). Wenn Sie die Dienstleistungen im Rahmen eines solchen Kundenauftrags in Anspruch nehmen, kann RANDSTAD RISESMART dem Kunden Fortschrittsberichte und andere Informationen zur Verfügung stellen, die Sie identifizieren und den Status Ihrer Nutzung der Dienstleistung, den Umfang Ihrer Nutzung der Dienstleistung, Ihren Meilenstein-Fortschritt und Status bei der Arbeitssuche, Ihre Zufriedenheit oder anderes Feedback in Bezug auf die Dienstleistung, einzeln oder in aggregierter Form, angeben. Weitere Informationen zur Erfassung, Verwendung und Weitergabe von Informationen, die Sie und Ihr (ehemaliger) Arbeitgeber im Zusammenhang mit Kundenaufträgen zur Verfügung stellen, finden Sie in der Datenschutzerklärung für RANDSTAD RISESMART (Outplacement, Karriereberatung, Redeployment, Worklife Coaching). | 3.11 You are aware that a client of RANDSTAD RISESMART may engage RANDSTAD RISESMART to assist the client’s current and/or former employees in finding employment (hereinafter referred to as “Client Assignment”). If you use the Services under such a Client Assignment, RANDSTAD RISESMART may provide the Client with progress reports and other information that identifies you and indicates the status of your use of the Service, the extent of your use of the Service, your milestone progress and job search status, your satisfaction or other feedback regarding the Service, individually or in aggregate form. For more information on the collection, use and disclosure of information that you and your (former) employer provide in connection with Client Assignments, please refer to the RANDSTAD RISESMART Data Privacy Statement (Outplacement, Career Counseling, Redeployment, Worklife Coaching). |
3.12 Sie erklären sich damit einverstanden, dass RANDSTAD RISESMART: - allgemeine Bedingungen bezüglich der Nutzung des Dienstes festlegen kann, einschließlich, aber nicht beschränkt auf die maximale Zeitspanne, während der Inhalte oder irgendwelche Ihrer Inhalte aufbewahrt werden und den maximalen Speicherplatz, der Ihrem Konto zugeteilt wird, - nicht verantwortlich oder haftbar ist für die Löschung oder das Versäumnis, einen Inhalt oder einen Ihrer Inhalte zu speichern, der von dem Dienst verwaltet oder auf den Dienst hochgeladen wird - den Inhalt und alle Ihre Inhalte aufbewahren und den Inhalt und Ihre Inhalte offenlegen kann, wenn dies gesetzlich oder durch das Gesetz verlangt wird: - diese Bedingungen durchsetzt; - auf Behauptungen reagiert, dass ein Inhalt oder einer Ihrer Inhalte die Rechte Dritter verletzt. | 3.12 You agree that RANDSTAD RISESMART: – may set general Terms regarding the use of the Service, including, but not limited to, the maximum period of time during which Content or any of Your Content will be retained and the maximum storage space allocated to your account, – is not responsible or liable for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, – may retain the Content and all of Your Content and may disclose the Content and Your Content if required to do so by law; – will enforce these Terms; – will respond to claims that any Content or any of Your Content infringes the rights of third parties. |
3.13 Beendigung Mit Beendigung des zwischen Ihnen und RANDSTAD RISESMART geschlossenen Vertrages oder im Falle einer separaten Kündigung Ihres Kontos haben Sie Zugriff auf die "Alumni-Version" von Spotlight und Sie können auf Ihren Account für einen unbegrenzten Zeitraum zugreifen. Ihre personenbezogenen Teilnehmerdaten werden für die Dauer von zwei Jahren beginnend mit dem Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde, von RANDSTAD RISESMART gespeichert. Ihre Daten werden danach zeitnah gelöscht. | 3.13 Termination Upon termination of the contract concluded between you and RANDSTAD RISESMART or in the event of a separate termination of your account, you will have access to the “alumni version” of Spotlight and you will be able to access your account for an unlimited period of time. Your personal subscriber data will be stored by RANDSTAD RISESMART for a period of two years starting at the end of the calendar year in which the contract ends or your account is terminated by you. Your data will then be deleted promptly. |
3.14 RANDSTAD RISESMART behält sich das Recht vor: | 3.14 RANDSTAD RISESMART reserves the right to: |
3.14.1 den Dienst (oder einen Teil davon) vorübergehend oder dauerhaft zu ändern oder einzustellen und | 3.14.1 temporarily or permanently modify or discontinue the Service (or any part thereof); and |
3.14.2 jegliche gegenwärtige und zukünftige Nutzung des Dienstes zu verweigern, Ihr Konto (oder einen Teil davon) oder die Nutzung des Dienstes zu sperren oder zu beenden und jeglichen Ihrer Inhalte im Dienst zu entfernen und zu verwerfen, wenn Sie gegen diese Bedingungen verstoßen haben und trotz vorheriger Abmahnung durch RANDSTAD RISESMART weiterhin gegen diese Bedingungen verstoßen. | 3.14.2 refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content on the Service if you have breached these Terms and continue to breach these Terms despite prior warning from RANDSTAD RISESMART. |
3.15 den Dienst anzupassen, z.B. im Zusammenhang mit technologischen Entwicklungen. Dabei können bestehende Funktionalitäten angepasst, ergänzt oder gelöscht werden. Soweit möglich, wird RANDSTAD RISESMART Sie im Voraus über alle Änderungen informieren, die einen wesentlichen Einfluss auf Ihre Nutzung des Dienstes haben. | 3.15 adapt the Service, e.g. in connection with technological developments. Existing functionalities can be adapted, supplemented or deleted. To the extent possible, RANDSTAD RISESMART will notify you in advance of any changes that have a material impact on your use of the Service. |
3.16 RANDSTAD RISESMART will take reasonable measures to ensure the availability and quality of the Service. RANDSTAD RISESMART is expressly not responsible for any failure or reduced availability of the Service due to force majeure (including internet outages, hacking, denial of service attacks) and/or acts or omissions by you or any third party engaged by you and excludes all liability in this respect. | 3.16 RANDSTAD RISESMART wird angemessene Maßnahmen ergreifen, die Verfügbarkeit und Qualität des Dienstes zu gewährleisten. RANDSTAD RISESMART ist ausdrücklich nicht verantwortlich für Ausfälle oder eingeschränkte Verfügbarkeit des Dienstes aufgrund höherer Gewalt (einschließlich Ausfällen im Internet, Hacking, Denial-of-Service-Angriffe) und/oder Handlungen oder Unterlassungen von Ihnen selbst oder von Ihnen eingeschalteten Dritten und schließt diesbezüglich jegliche Haftung aus. |
3.17 Links zu anderen Websites. | 3.17 Links to other websites. |
3.18 Der Dienst kann Links zu anderen Websites enthalten. Diese Links werden Ihnen nur als Dienstleistung zur Verfügung gestellt. Dies bedeutet nicht, dass der Inhalt auf den Websites Dritter von RANDSTAD RISESMART genehmigt wurde. RANDSTAD RISESMART ist nicht verantwortlich für den Inhalt verlinkter Websites Dritter und gibt keine Zusicherungen bezüglich des Inhalts oder der Genauigkeit der Materialien auf diesen Websites Dritter ab. Der Zugriff auf verlinkte Websites Dritter erfolgt auf Ihr eigenes Risiko. | 3.18 The Service may contain links to other websites. These links are provided to you as a service only. This does not mean that the content on third party websites has been approved by RANDSTAD RISESMART. RANDSTAD RISESMART is not responsible for the content of linked third-party websites and makes no representations regarding the content or accuracy of materials on such third-party websites. Access to linked third-party websites is at your own risk. |
3.19 Mobile Geräte. | 3.19 Mobile devices. |
3.20 Durch die Nutzung des Dienstes auf einem mobilen Gerät stimmen Sie zu, dass Informationen über Ihre Nutzung des Dienstes mit RANDSTAD RISESMART über Ihr mobiles Gerät und Ihren Provider, einschließlich Ihres Netzbetreibers, Ihres mobilen Geräts und Ihres physischen Standorts, ausgetauscht werden können. Darüber hinaus kann die Nutzung des Dienstes auf einem mobilen Gerät dazu führen, dass Daten auf und über Ihr mobiles Gerät angezeigt werden. Durch den Zugriff auf den Dienst von einem mobilen Gerät aus erklären Sie, dass Sie, wenn Sie RANDSTAD RISESMART-Daten auf Ihr mobiles Gerät importieren, die Berechtigung haben, die übertragenen Daten mit Ihrem mobilen Dienstanbieter oder einem anderen Dienstanbieter gemeinsam zu nutzen. Wenn Sie Ihr mobiles Gerät / Ihr Konto ändern oder deaktivieren, müssen Sie sicherstellen, dass andere Personen keinen Zugriff auf Ihr Konto (und ggf. auf zugehörige Nachrichten) haben. Sie sind für die Unterlassung von solchen Handlungen verantwortlich. Sie erkennen an, dass Sie für alle Kosten und Genehmigungen verantwortlich sind, die für den Zugriff auf den Dienst über Ihr mobiles Gerät und Ihren Provider erforderlich sind. Durch die Verwendung einer herunterladbaren Anwendung zur Nutzung des Dienstes erkennen Sie ausdrücklich an, dass Sie die Bedingungen der Endbenutzer-Lizenzvereinbarung für die Anwendung akzeptieren, die während des Herunterladens oder der Installation angezeigt werden können und die sich von Zeit zu Zeit ändern können. | 3.20 By using the Service on a mobile device, you agree that information about your use of the Service may be shared with RANDSTAD RISESMART through your mobile device and provider, including your network operator, mobile device and physical location. In addition, using the Service on a mobile device may result in data being displayed on and via your mobile device. By accessing the Service from a mobile device, you represent that if you import RANDSTAD RISESMART data to your mobile device, you have permission to share the transferred data with your mobile service provider or another service provider. If you change or deactivate your mobile device/account, you must ensure that other people do not have access to your account (and any associated messages). It is your responsibility to prevent any such access. You acknowledge that you are responsible for all charges and authorizations required to access the Service through your mobile device and provider. By using a downloadable application to use the Service, you expressly acknowledge that you accept the terms of the end user license agreement for the application, which may be displayed during download or installation and which may change from time to time. |
3.21 Haftung Die Haftung von RANDSTAD RISESMART aus diesem Vertrag sowie aus jedem Rechtsgrund (insbesondere gemäß §§ 280 ff. BGB oder wegen Rechten bei Mängeln oder unerlaubten Handlungen) ist auf Vorsatz, grobe Fahrlässigkeit, die fahrlässige Verletzung vertragswesentlicher Pflichten sowie auf Fälle der Verletzung des Körpers, des Lebens oder der Gesundheit beschränkt. Eine verschuldensunabhängige Haftung sowie die Haftung für Fahrlässigkeit im Übrigen ist ausgeschlossen. Soweit die Haftung von RANDSTAD RISESMART nicht ausgeschlossen ist, ist sie pro Kalenderjahr für alle Schadensfälle unabhängig von der Anzahl der Schadensfälle, die in diesem Kalenderjahr eintreten, insgesamt auf die Höhe der für den Dienst bezahlten Summe beschränkt. RANDSTAD RISESMART haftet nicht für Folgeschäden (insbesondere nicht für entgangenen Gewinn, Finanzierungsaufwendungen, Produktionsstillstand). Eine Übertragung nicht in Anspruch genommener Haftungsbeträge auf nachfolgende Kalenderjahre ist nicht möglich. Fälle zwingender gesetzlicher Haftung (bspw. bei Vorsatz) bleiben von diesen Vorschriften unberührt. Die Haftung von RANDSTAD RISESMART ist ausgeschlossen, sofern nicht innerhalb von 12 Kalendermonaten nach Schadenseintritt eine schriftliche Anmeldung des Schadensersatzanspruchs und – im Falle der Ablehnung durch RANDSTAD RISESMART – innerhalb von einem Kalendermonat eine gerichtliche Geltendmachung erfolgt (Ausschlussfrist). | 3.21 Liability RANDSTAD RISESMART’s liability under this Agreement and under any legal grounds (in particular according to Section 280 ff. of the German Civil Code [BGB], or due to rights in case of defects or tortuous acts) is limited to intent, gross negligence, the negligent breach of essential contractual obligations and cases of injury to body, life or health. No-fault liability and liability for negligence in other respects are excluded. Insofar as RANDSTAD RISESMART’s liability is not excluded, it is limited to the amount paid for the service per calendar year for all claims, irrespective of the number of claims that occur in that calendar year. RANDSTAD RISESMART is not liable for consequential damages (especially not for lost profit, financing expenses, production downtime). Unused liability amounts from a calendar year cannot be carried over to subsequent calendar years. Cases of mandatory legal liability (e.g. in case of intent) remain unaffected by these provisions. RANDSTAD RISESMART’s liability is excluded unless a written claim for damages is filed within 12 calendar months of the occurrence of the damage and—in the event of rejection by RANDSTAD RISESMART—a legal claim is made within one calendar month (exclusion period). |
3.22 Schadloshaltung. | 3.22 Indemnity. |
3.23 Sie sind verpflichtet, RANDSTAD RISESMART zu verteidigen, zu entschädigen und schadlos zu halten von allen und gegen alle Ansprüche, Klagen oder Forderungen, einschließlich angemessener Rechtsverfolgungskosten, die sich aus Ihrem Verstoß gegen diese Bedingungen, Ihren Inhalten oder Ihrem Zugang, Beitrag, Ihrer Nutzung oder Ihrem Missbrauch des Dienstes ergeben oder daraus resultieren. | You agree to defend, indemnify and hold RANDSTAD RISESMART harmless from and against any and all claims, actions or demands, including reasonable legal fees, arising out of or resulting from your violation of these Terms, Your Content or your access, contribution, use or misuse of the Service. |
3.24 Geltendes Recht | 3.24 Applicable law. |
3.25 Diese Bedingungen und Konditionen unterliegen dem Recht der Bundesrepublik Deutschland unter Ausschluss des deutschen internationalen Privatrechts. | 3.25 These terms and conditions are subject to the law of the Federal Republic of Germany to the exclusion of German international private law. |
3.26 Apple-aktivierte Software-Anwendungen. | 3.26 Apple-enabled software applications. |
3.27 RANDSTAD RISESMART bietet Softwareanwendungen an, die dazu bestimmt sind, in Verbindung mit Produkten betrieben zu werden, die von Apple Inc. kommerziell verfügbar gemacht werden. ("Apple") neben anderen Plattformen kommerziell verfügbar gemacht werden. In Bezug auf Software, die Ihnen in Verbindung mit einem Produkt der Marke Apple zur Verfügung gestellt wird (solche Software, "Apple-fähige Software"), erkennt RANDSTAD RISESMART an, dass diese Bedingungen nur zwischen RANDSTAD RISESMART und Ihnen und nicht mit Apple vereinbart werden. Wenn Sie Fragen, Beschwerden oder Schadenersatzforderungen im Zusammenhang mit der Apple-kompatiblen Software haben, können Sie diese wie folgt an RANDSTAD RISESMART richten: user.support@risesmart.com Randstad, Inc. 55 Almaden Boulevard, Suite 800 San Jose, CA 95113 United States of America | 3.27 RANDSTAD RISESMART offers software applications that are intended to be used in conjunction with products made commercially available by Apple Inc. (hereinafter referred to as “Apple”), among other platforms. With respect to any software provided to you in connection with an Apple-branded product (such software shall hereinafter be referred to as “Apple-compatible Software”), RANDSTAD RISESMART acknowledges that these Terms are agreed only between RANDSTAD RISESMART and you, and not with Apple. If you have any questions, complaints or claims in connection with the Apple-compatible Software, you can address them to RANDSTAD RISESMART as follows: user.support@risesmart.com Randstad, Inc. 55 Almaden Boulevard, Suite 800 San Jose, CA 95113 USA |
3.28 Sie und RANDSTAD RISESMART erkennen an und erklären sich damit einverstanden, dass Apple und seine Tochtergesellschaften Drittbegünstigte dieser Bedingungen in Bezug auf die Apple-kompatible Software sind und Apple aufgrund Ihrer Zustimmung zu den Bestimmungen dieser Bedingungen das Recht hat (akzeptiert), in seiner Eigenschaft als Drittbegünstigter diese Bedingungen in Bezug auf Apple-kompatible Software gegen Sie durchzusetzen. | 3.28 You and RANDSTAD RISESMART acknowledge and agree that Apple and its affiliates are third party beneficiaries of these Terms with respect to the Apple-compatible Software, and Apple has the right (accepts the right) to enforce these Terms against you in its capacity as a third party beneficiary with respect to Apple-compatible Software by virtue of your agreement to the provisions of these Terms. |
3.29 Datenschutz Vertrauliche Informationen, einschließlich personenbezogener Daten, werden durch den Dienst und bei der Erstellung eines Accounts für den Dienst verarbeitet. RANDSTAD RISESMART wird Ihre persönlichen Daten vertraulich behandeln. Weitere Informationen finden Sie in der Datenschutzerklärung für RANDSTAD RISESMART (Outplacement-, Karriere-, Redeployment-Beratung, Worklife Coaching). | 3.29 Data protection Confidential information, including personal data, is processed through the Service and when creating an account for the Service. RANDSTAD RISESMART will treat your personal data confidentially. For more information, please refer to the RANDSTAD RISESMART Data Privacy Statement (Outplacement, Career Counseling, Redeployment, Worklife Coaching). |
Stand: Januar 2024 | Last amended: January 2024 |
Effective July 16th 2024 to July 17th 2024
DownloadTable of Contents
NUTZUNGSBEDINGUNGEN | TERMS OF USE |
Spotlight | Spotlight |
SPOTLIGHT ist eine online-basiertes Software-Tool, das Sie im Rahmen der Outplacement-/Karriere-/Redeployment-Beratung/des Worklife Coachings von RANDSTAD RISESMART unterstützt und Ihnen zahlreiche Funktionalitäten bietet. Die Implementierung erfolgt durch einen von RANDSTAD RISESMART beauftragten Dritten. Sie haben das nicht-exklusive, beschränkte Recht, auf SPOTLIGHT gemäß den untenstehenden Bedingungen zuzugreifen. | SPOTLIGHT is an online-based software tool that supports you within the context of RANDSTAD RISESMART’s outplacement/career/redeployment counseling or worklife coaching and offers you numerous functionalities. Implementation is carried out by a third party commissioned by RANDSTAD RISESMART. You have the non-exclusive, limited right to access SPOTLIGHT in accordance with the terms outlined below. |
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1.1 In Deutschland wird Ihnen Spotlight von Randstad RiseSmart GmbH („RANDSTAD RISESMART“) angeboten. RANDSTAD RISESMART bietet Ihnen Spotlight unter diesen Nutzungsbedingungen ("Bedingungen") zur Nutzung an. Indem Sie diese Bedingungen akzeptieren oder auf Spotlight zugreifen oder Spotlight nutzen, bestätigen Sie, dass Sie diese Bedingungen gelesen und verstanden haben und erklären sich damit einverstanden, an sie gebunden zu sein. Wenn Sie mit diesen Bedingungen nicht einverstanden sind, dürfen Sie Spotlight nicht nutzen. | 1.1 In Germany, Spotlight is offered to you by Randstad RiseSmart GmbH (hereinafter referred to as “RANDSTAD RISESMART”). RANDSTAD RISESMART offers Spotlight for use under these Terms of Use (hereinafter referred to as “Terms”). By accepting these Terms or accessing or using Spotlight, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree with these Terms, you may not use Spotlight. |
1.2 RANDSTAD RISESMART kann diese Bedingungen jederzeit und ohne Vorankündigung ändern. Die geänderten Nutzungsbedingungen treten in Kraft, sobald sie Ihnen zur Kenntnis gebracht werden. Dies geschieht, wenn Sie sich in SPOTLIGHT mit den Ihnen zur Verfügung gestellten Zugangsdaten anmelden. Wenn Sie danach SPOTLIGHT benutzen, stellt Ihre Nutzung die Annahme der geänderten Bedingungen dar. | 1.2 RANDSTAD RISESMART may amend these Terms at any time and without prior notice. The amended Terms of use will enter into force as soon as they are brought to your attention. This happens when you log in to SPOTLIGHT with the access data provided to you. If you use SPOTLIGHT thereafter, your use constitutes acceptance of the amended Terms. |
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2.1 Der Begriff "Dienst" umfasst (a) die Applikation Spotlight, (b) die darin enthaltenen Outplacement- und Karrieremanagement-Dienste und andere verwandte Dienste (einschließlich Dateiverwaltungs- und Analysedienste) sowie verwandte Technologien und Anwendungen (einschließlich, aber nicht beschränkt auf Anwendungen und Dienste, auf die Sie über eine mobile oder andere Schnittstelle zugreifen können, die Ihnen den Zugriff auf solche Anwendungen und Dienste ermöglicht), und (c) alle sonstige enthaltene Software, Materialien, Portale, Empfehlungen, Job-Leads, Daten, Berichte, Texte, Bilder, Töne, Videos, Analysen und andere Inhalte (zusammenfassend als "Inhalt" bezeichnet). Alle neuen Funktionen, die dem Dienst hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls diesen Bedingungen. | 2.1 The term “Service” includes (a) the Spotlight application, (b) the outplacement and career management services and other related services (including file management and analytics services) contained therein and related technologies and applications (including, but not limited to, applications and services which you may access through a mobile interface or any other interface that allows you to access such applications and services), and (c) all other software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, videos, analytics and other content (referred to collectively as “Content”) contained therein. Any new features that are added to or enhance the Service are also subject to these Terms. |
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3.1 Im Rahmen dieser Bedingungen dürfen Sie auf den Dienst nur für rechtmäßige Zwecke zugreifen und ihn nutzen. Der Dienst ist nur für den persönlichen Gebrauch bestimmt. Alle Rechte am Dienst und seinen Komponenten verbleiben bei RANDSTAD RISESMART und gehören ausschließlich RANDSTAD RISESMART. Sie dürfen nicht (und dürfen dies auch Dritten nicht gestatten): | 3.1 Under these Terms, you may only access and use the Service for lawful purposes. The Service is intended for personal use only. All rights to the Service and its components remain with RANDSTAD RISESMART and belong exclusively to RANDSTAD RISESMART. You may not (and may not allow third parties to do so): |
3.1.1 den Dienst kopieren, reproduzieren, modifizieren, löschen, verteilen, herunterladen, speichern, übertragen, veröffentlichen, ein davon abgeleitetes Werk erstellen, zurückentwickeln, reassemblieren oder anderweitig direkt oder indirekt versuchen, den Quellcode des Dienstes zu ermitteln, ihn zu verkaufen, unterzulizenzieren, weiterzuverkaufen, zu vermieten, zu verpachten, zu übertragen, abzutreten oder den Dienst anderweitig kommerziell zu verwerten oder Dritten zur Verfügung zu stellen; | 3.1.1 copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work from, reverse engineer, reassemble or otherwise directly or indirectly attempt to discover the source code of the Service, sell, sublicense, resell, rent, lease, transfer, assign or otherwise commercially exploit the Service or make the Service available to any third party; |
3.1.2 den Dienst auf irgendeine ungesetzliche Art und Weise nutzen (einschließlich, aber nicht beschränkt auf die Verletzung von Daten-, Datenschutz- oder Exportkontrollgesetzen) oder auf irgendeine Art und Weise, die die Integrität oder Leistung des Dienstes oder seiner Komponenten stört oder unterbricht; | 3.1.2 use the Service in any unlawful manner (including, but not limited to, in violation of data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components; |
3.1.3 den Dienst modifizieren, anpassen oder hacken oder anderweitig zu versuchen, sich unberechtigten Zugang zum Dienst oder seinen zugehörigen Systemen oder Netzwerken zu verschaffen; oder | 3.1.3 modify, adapt or hack the Service or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or |
3.2 Sie sind verpflichtet, diese Nutzungsbedingungen, alle Gesetze und Vorschriften sowie alle Richtlinien oder sonstigen Hinweise einzuhalten, die RANDSTAD RISESMART Ihnen in Verbindung mit dem Dienst zur Verfügung stellt oder veröffentlicht, und Sie sind verpflichtet, RANDSTAD RISESMART unverzüglich zu benachrichtigen, wenn Sie von einer Sicherheitsverletzung im Zusammenhang mit dem Dienst erfahren. Darüber hinaus unterliegen Sie bei der Nutzung bestimmter Leistungen zusätzlichen Bedingungen, die für diese bestimmten Leistungen gelten und die von Zeit zu Zeit in Spotlight veröffentlicht werden. | 3.2 You must comply with these Terms of Use, all laws and regulations, and any policies or other notices RANDSTAD RISESMART provides or posts to you in connection with the Service, and you must notify RANDSTAD RISESMART immediately if you become aware of any breach of security in connection with the Service. In addition, your use of certain Services is subject to additional Terms applicable to those particular Services, which will be published on Spotlight from time to time. |
3.3 RANDSTAD RISESMART behält sich das Recht vor, den Dienst ohne vorherige Ankündigung zu beenden, wenn Sie diese Bedingungen oder irgendwelche Gesetze und/oder Vorschriften nicht einhalten. Darüber hinaus ist RANDSTAD RISESMART berechtigt, den Dienst zu beenden, wenn Sie den Dienst über einen Zeitraum von 24 Monaten nicht genutzt haben. | 3.3 RANDSTAD RISESMART reserves the right to terminate the Service without notice if you fail to comply with these Terms or any laws and/or regulations. In addition, RANDSTAD RISESMART is entitled to terminate the Service if you have not used the Service for a period of 24 months. |
3.4 Spotlight sowie jede andere von RANDSTAD RISESMART in Verbindung mit dem Dienst zur Verfügung gestellte Software ("Software") enthält proprietäre und vertrauliche Informationen, die durch geltende Gesetze über geistiges Eigentum und andere Gesetze geschützt sind. Vorbehaltlich dieser Bedingungen gewährt Ihnen RANDSTAD RISESMART hiermit ein persönliches, nicht übertragbares, nicht unterlizenzierbares und nicht exklusives Recht und die Lizenz, den Objektcode einer Software auf einem einzelnen Gerät ausschließlich in Verbindung mit dem Dienst zu verwenden, vorausgesetzt, Sie oder ein durch Sie beauftragter Dritter versuchen nicht, den Quellcode de Software zu ermitteln, zu kopieren, zu modifizieren, zu verwenden oder zu disassemblieren, um ein abgeleitetes Werk neu zu erstellen oder ein Recht an der Software zu verkaufen, zu gewähren, unterzulizenzieren oder anderweitig zu übertragen. Es wird Ihnen in Verbindung mit dem Dienst keine Lizenz oder kein Recht zur Nutzung einer Marke von RANDSTAD RISESMART oder eines Dritten gewährt. | 3.4 Spotlight and any other software provided by RANDSTAD RISESMART in connection with the Service (hereinafter referred to as “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to these Terms, RANDSTAD RISESMART hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you or a third party authorized by you do not attempt to discover, copy, modify, use or disassemble the source code of the Software to create a derivative work or sell, grant, sublicense or otherwise transfer any right in the Software. No license or right to use any trademark of RANDSTAD RISESMART or any third party is granted to you in connection with the Service. |
3.5 Sie erklären sich damit einverstanden, auf den Dienst nur über die Schnittstelle zuzugreifen, die von RANDSTAD RISESMART für den Zugriff auf den Dienst zur Verfügung gestellt wird. | 3.5 You agree to access the Service only through the interface provided by RANDSTAD RISESMART for access to the Service. |
3.6 Sie sind allein verantwortlich für alle Daten, Informationen, Rückmeldungen, Vorschläge, Texte, Inhalte und andere Materialien, die Sie hochladen, veröffentlichen, liefern, bereitstellen oder anderweitig übertragen oder speichern (nachfolgend "übertragen) in Verbindung mit oder in Bezug auf den Dienst ("Ihre Inhalte"). Sie erklären und garantieren hiermit, dass Ihre Inhalte, die von Ihnen übertragen werden: | 3.6 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereinafter referred to as “transmit”) in connection with or relating to the Service (hereinafter referred to as “Your Content”). You hereby declare and warrant that Your Content that is transmitted by you: |
3.6.1 wahrheitsgemäß und vollständig sind (insbesondere Lebenslauf, biographische Daten und Beschäftigungsinformationen) und | 3.6.1 is truthful and complete (in particular your curriculum vitae, biographical data and employment information) and |
3.6.2 frei von Bugs, Würmern oder Viren sind. | 3.6.2 that it is free of bugs, worms or viruses. |
3.7 RANDSTAD RISESMART kann Ihre Inhalte, die sich als unrichtig erweisen, ohne vorherige Ankündigung entfernen. Es ist nicht gestattet, Nachrichten zu senden oder zu posten und/oder Material mit irreführenden, beleidigenden, diskriminierenden oder anderweitig rechtswidrigen Inhalten oder unangemessenen oder unnötig anstößigen Inhalten hochzuladen. RANDSTAD RISESMART behält sich das Recht vor, solche Nachrichten und/oder Uploads nicht zu posten oder sie ohne vorherige Ankündigung zu entfernen. | 3.7 RANDSTAD RISESMART may remove Your Content if it proves to be incorrect without prior notice. It is not permitted to send or post messages and/or upload material with misleading, offensive, discriminatory or otherwise unlawful content or inappropriate or unnecessarily offensive content. RANDSTAD RISESMART reserves the right not to post such messages and/or uploads or to remove them without prior notice. |
3.8 Sie sind verantwortlich für die Wahrung der Vertraulichkeit Ihres Passworts und Kontos und für alle Aktivitäten, die unter Ihrem Login oder Konto stattfinden. RANDSTAD RISESMART behält sich das Recht vor, auf Ihr Konto zuzugreifen, um auf Ihre Anfragen nach technischer Unterstützung zu antworten. RANDSTAD RISESMART ergreift Sicherheitsmaßnahmen, um den unbefugten Zugang zu und die unbefugte Nutzung von Daten im Dienst zu verhindern. Sie sollten sich dennoch darüber im Klaren sein, dass es unmöglich ist, eine unbefugte und/oder unrechtmäßige Nutzung Ihrer Daten oder eine unbeabsichtigte Verschlechterung oder einen unbeabsichtigten Verlust vollständig auszuschließen. | 3.8 You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your login or account. RANDSTAD RISESMART reserves the right to access your account in order to respond to your requests for technical support. RANDSTAD RISESMART takes security measures to prevent unauthorized access to and use of data on the Service. You should nevertheless be aware that it is impossible to completely rule out unauthorized and/or unlawful use of your data or its unintentional deterioration or loss. |
3.9 Sie nehmen zur Kenntnis, dass der Betrieb des Dienstes, einschließlich Ihrer Inhalte, unverschlüsselt erfolgen kann bei: - Übertragungen über verschiedene Netzwerke; - Änderungen zur Konformität und Anpassung an die technischen Anforderungen der verbindenden Netzwerke oder Geräte; - Übertragungen an Drittanbieter und Hosting-Partner von RANDSTAD RISESMART, um die notwendige Hardware, Software, Netzwerk-, Speicher- und verwandte Technologie bereitzustellen, die für den Betrieb und die Wartung des Dienstes erforderlich ist, und; - die Übertragung an andere Dritte in Verbindung mit der Bereitstellung des Dienstes für Sie. | 3.9 You acknowledge that the operation of the Service, including Your Content, may be unencrypted in the following situations: – during transmission via various networks; – during changes regarding conformity and adaptation to the technical requirements of the connecting networks or devices; – during transfer to third party vendors and hosting partners of RANDSTAD RISESMART to provide the necessary hardware, software, network, storage and related technology required to operate and maintain the Service, and; - during transfer to other third parties in connection with the provision of the Service to you. |
3.10 Wenn Sie auf der Suche nach einem Arbeitsplatz oder einer Karriereentwicklung sind, erklären Sie sich ferner damit einverstanden, bei der Verwaltung von Stellenangeboten und anderen Informationen, die durch den Dienst angeboten oder durch diesen beschafft werden, Ihr eigenes Urteilsvermögen, Ihre Vorsicht und Ihren gesunden Menschenverstand walten zu lassen und dass Sie das alleinige Risiko des Vertrauens in oder der Nutzung von Inhalten (einschließlich aller Stellenangebote oder Karriereratschläge oder -empfehlungen), die durch den Dienst bereitgestellt werden, tragen. | 3.10 If you are seeking employment or career development, you further agree to exercise your own judgment, caution and common sense in managing job listings and other information offered or obtained through the Service and that you bear the sole risk of reliance on or use of any Content (including any job listings or career advice or recommendations) provided through the Service. |
3.11 Ihnen ist bekannt, dass ein Kunde von RANDSTAD RISESMART RANDSTAD RISESMART beauftragen kann, die gegenwärtigen und/oder ehemaligen Mitarbeiter des Kunden bei der Suche nach einer Beschäftigung zu unterstützen ("Kundenauftrag"). Wenn Sie die Dienstleistungen im Rahmen eines solchen Kundenauftrags in Anspruch nehmen, kann RANDSTAD RISESMART dem Kunden Fortschrittsberichte und andere Informationen zur Verfügung stellen, die Sie identifizieren und den Status Ihrer Nutzung der Dienstleistung, den Umfang Ihrer Nutzung der Dienstleistung, Ihren Meilenstein-Fortschritt und Status bei der Arbeitssuche, Ihre Zufriedenheit oder anderes Feedback in Bezug auf die Dienstleistung, einzeln oder in aggregierter Form, angeben. Weitere Informationen zur Erfassung, Verwendung und Weitergabe von Informationen, die Sie und Ihr (ehemaliger) Arbeitgeber im Zusammenhang mit Kundenaufträgen zur Verfügung stellen, finden Sie in der Datenschutzerklärung für RANDSTAD RISESMART (Outplacement, Karriereberatung, Redeployment, Worklife Coaching). | 3.11 You are aware that a client of RANDSTAD RISESMART may engage RANDSTAD RISESMART to assist the client’s current and/or former employees in finding employment (hereinafter referred to as “Client Assignment”). If you use the Services under such a Client Assignment, RANDSTAD RISESMART may provide the Client with progress reports and other information that identifies you and indicates the status of your use of the Service, the extent of your use of the Service, your milestone progress and job search status, your satisfaction or other feedback regarding the Service, individually or in aggregate form. For more information on the collection, use and disclosure of information that you and your (former) employer provide in connection with Client Assignments, please refer to the RANDSTAD RISESMART Data Privacy Statement (Outplacement, Career Counseling, Redeployment, Worklife Coaching). |
3.12 Sie erklären sich damit einverstanden, dass RANDSTAD RISESMART: - allgemeine Bedingungen bezüglich der Nutzung des Dienstes festlegen kann, einschließlich, aber nicht beschränkt auf die maximale Zeitspanne, während der Inhalte oder irgendwelche Ihrer Inhalte aufbewahrt werden und den maximalen Speicherplatz, der Ihrem Konto zugeteilt wird, - nicht verantwortlich oder haftbar ist für die Löschung oder das Versäumnis, einen Inhalt oder einen Ihrer Inhalte zu speichern, der von dem Dienst verwaltet oder auf den Dienst hochgeladen wird - den Inhalt und alle Ihre Inhalte aufbewahren und den Inhalt und Ihre Inhalte offenlegen kann, wenn dies gesetzlich oder durch das Gesetz verlangt wird: - diese Bedingungen durchsetzt; - auf Behauptungen reagiert, dass ein Inhalt oder einer Ihrer Inhalte die Rechte Dritter verletzt. | 3.12 You agree that RANDSTAD RISESMART: – may set general Terms regarding the use of the Service, including, but not limited to, the maximum period of time during which Content or any of Your Content will be retained and the maximum storage space allocated to your account, – is not responsible or liable for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, – may retain the Content and all of Your Content and may disclose the Content and Your Content if required to do so by law; – will enforce these Terms; – will respond to claims that any Content or any of Your Content infringes the rights of third parties. |
3.13 Beendigung Mit Beendigung des zwischen Ihnen und RANDSTAD RISESMART geschlossenen Vertrages oder im Falle einer separaten Kündigung Ihres Kontos haben Sie Zugriff auf die "Alumni-Version" von Spotlight und Sie können auf Ihren Account für einen unbegrenzten Zeitraum zugreifen. Ihre personenbezogenen Teilnehmerdaten werden für die Dauer von zwei Jahren beginnend mit dem Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde, von RANDSTAD RISESMART gespeichert. Ihre Daten werden danach zeitnah gelöscht. | 3.13 Termination Upon termination of the contract concluded between you and RANDSTAD RISESMART or in the event of a separate termination of your account, you will have access to the “alumni version” of Spotlight and you will be able to access your account for an unlimited period of time. Your personal subscriber data will be stored by RANDSTAD RISESMART for a period of two years starting at the end of the calendar year in which the contract ends or your account is terminated by you. Your data will then be deleted promptly. |
3.14 RANDSTAD RISESMART behält sich das Recht vor: | 3.14 RANDSTAD RISESMART reserves the right to: |
3.14.1 den Dienst (oder einen Teil davon) vorübergehend oder dauerhaft zu ändern oder einzustellen und | 3.14.1 temporarily or permanently modify or discontinue the Service (or any part thereof); and |
3.14.2 jegliche gegenwärtige und zukünftige Nutzung des Dienstes zu verweigern, Ihr Konto (oder einen Teil davon) oder die Nutzung des Dienstes zu sperren oder zu beenden und jeglichen Ihrer Inhalte im Dienst zu entfernen und zu verwerfen, wenn Sie gegen diese Bedingungen verstoßen haben und trotz vorheriger Abmahnung durch RANDSTAD RISESMART weiterhin gegen diese Bedingungen verstoßen. | 3.14.2 refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content on the Service if you have breached these Terms and continue to breach these Terms despite prior warning from RANDSTAD RISESMART. |
3.15 den Dienst anzupassen, z.B. im Zusammenhang mit technologischen Entwicklungen. Dabei können bestehende Funktionalitäten angepasst, ergänzt oder gelöscht werden. Soweit möglich, wird RANDSTAD RISESMART Sie im Voraus über alle Änderungen informieren, die einen wesentlichen Einfluss auf Ihre Nutzung des Dienstes haben. | 3.15 adapt the Service, e.g. in connection with technological developments. Existing functionalities can be adapted, supplemented or deleted. To the extent possible, RANDSTAD RISESMART will notify you in advance of any changes that have a material impact on your use of the Service. |
3.16 RANDSTAD RISESMART will take reasonable measures to ensure the availability and quality of the Service. RANDSTAD RISESMART is expressly not responsible for any failure or reduced availability of the Service due to force majeure (including internet outages, hacking, denial of service attacks) and/or acts or omissions by you or any third party engaged by you and excludes all liability in this respect. | 3.16 RANDSTAD RISESMART wird angemessene Maßnahmen ergreifen, die Verfügbarkeit und Qualität des Dienstes zu gewährleisten. RANDSTAD RISESMART ist ausdrücklich nicht verantwortlich für Ausfälle oder eingeschränkte Verfügbarkeit des Dienstes aufgrund höherer Gewalt (einschließlich Ausfällen im Internet, Hacking, Denial-of-Service-Angriffe) und/oder Handlungen oder Unterlassungen von Ihnen selbst oder von Ihnen eingeschalteten Dritten und schließt diesbezüglich jegliche Haftung aus. |
3.17 Links zu anderen Websites. | 3.17 Links to other websites. |
3.18 Der Dienst kann Links zu anderen Websites enthalten. Diese Links werden Ihnen nur als Dienstleistung zur Verfügung gestellt. Dies bedeutet nicht, dass der Inhalt auf den Websites Dritter von RANDSTAD RISESMART genehmigt wurde. RANDSTAD RISESMART ist nicht verantwortlich für den Inhalt verlinkter Websites Dritter und gibt keine Zusicherungen bezüglich des Inhalts oder der Genauigkeit der Materialien auf diesen Websites Dritter ab. Der Zugriff auf verlinkte Websites Dritter erfolgt auf Ihr eigenes Risiko. | 3.18 The Service may contain links to other websites. These links are provided to you as a service only. This does not mean that the content on third party websites has been approved by RANDSTAD RISESMART. RANDSTAD RISESMART is not responsible for the content of linked third-party websites and makes no representations regarding the content or accuracy of materials on such third-party websites. Access to linked third-party websites is at your own risk. |
3.19 Mobile Geräte. | 3.19 Mobile devices. |
3.20 Durch die Nutzung des Dienstes auf einem mobilen Gerät stimmen Sie zu, dass Informationen über Ihre Nutzung des Dienstes mit RANDSTAD RISESMART über Ihr mobiles Gerät und Ihren Provider, einschließlich Ihres Netzbetreibers, Ihres mobilen Geräts und Ihres physischen Standorts, ausgetauscht werden können. Darüber hinaus kann die Nutzung des Dienstes auf einem mobilen Gerät dazu führen, dass Daten auf und über Ihr mobiles Gerät angezeigt werden. Durch den Zugriff auf den Dienst von einem mobilen Gerät aus erklären Sie, dass Sie, wenn Sie RANDSTAD RISESMART-Daten auf Ihr mobiles Gerät importieren, die Berechtigung haben, die übertragenen Daten mit Ihrem mobilen Dienstanbieter oder einem anderen Dienstanbieter gemeinsam zu nutzen. Wenn Sie Ihr mobiles Gerät / Ihr Konto ändern oder deaktivieren, müssen Sie sicherstellen, dass andere Personen keinen Zugriff auf Ihr Konto (und ggf. auf zugehörige Nachrichten) haben. Sie sind für die Unterlassung von solchen Handlungen verantwortlich. Sie erkennen an, dass Sie für alle Kosten und Genehmigungen verantwortlich sind, die für den Zugriff auf den Dienst über Ihr mobiles Gerät und Ihren Provider erforderlich sind. Durch die Verwendung einer herunterladbaren Anwendung zur Nutzung des Dienstes erkennen Sie ausdrücklich an, dass Sie die Bedingungen der Endbenutzer-Lizenzvereinbarung für die Anwendung akzeptieren, die während des Herunterladens oder der Installation angezeigt werden können und die sich von Zeit zu Zeit ändern können. | 3.20 By using the Service on a mobile device, you agree that information about your use of the Service may be shared with RANDSTAD RISESMART through your mobile device and provider, including your network operator, mobile device and physical location. In addition, using the Service on a mobile device may result in data being displayed on and via your mobile device. By accessing the Service from a mobile device, you represent that if you import RANDSTAD RISESMART data to your mobile device, you have permission to share the transferred data with your mobile service provider or another service provider. If you change or deactivate your mobile device/account, you must ensure that other people do not have access to your account (and any associated messages). It is your responsibility to prevent any such access. You acknowledge that you are responsible for all charges and authorizations required to access the Service through your mobile device and provider. By using a downloadable application to use the Service, you expressly acknowledge that you accept the terms of the end user license agreement for the application, which may be displayed during download or installation and which may change from time to time. |
3.21 Haftung Die Haftung von RANDSTAD RISESMART aus diesem Vertrag sowie aus jedem Rechtsgrund (insbesondere gemäß §§ 280 ff. BGB oder wegen Rechten bei Mängeln oder unerlaubten Handlungen) ist auf Vorsatz, grobe Fahrlässigkeit, die fahrlässige Verletzung vertragswesentlicher Pflichten sowie auf Fälle der Verletzung des Körpers, des Lebens oder der Gesundheit beschränkt. Eine verschuldensunabhängige Haftung sowie die Haftung für Fahrlässigkeit im Übrigen ist ausgeschlossen. Soweit die Haftung von RANDSTAD RISESMART nicht ausgeschlossen ist, ist sie pro Kalenderjahr für alle Schadensfälle unabhängig von der Anzahl der Schadensfälle, die in diesem Kalenderjahr eintreten, insgesamt auf die Höhe der für den Dienst bezahlten Summe beschränkt. RANDSTAD RISESMART haftet nicht für Folgeschäden (insbesondere nicht für entgangenen Gewinn, Finanzierungsaufwendungen, Produktionsstillstand). Eine Übertragung nicht in Anspruch genommener Haftungsbeträge auf nachfolgende Kalenderjahre ist nicht möglich. Fälle zwingender gesetzlicher Haftung (bspw. bei Vorsatz) bleiben von diesen Vorschriften unberührt. Die Haftung von RANDSTAD RISESMART ist ausgeschlossen, sofern nicht innerhalb von 12 Kalendermonaten nach Schadenseintritt eine schriftliche Anmeldung des Schadensersatzanspruchs und – im Falle der Ablehnung durch RANDSTAD RISESMART – innerhalb von einem Kalendermonat eine gerichtliche Geltendmachung erfolgt (Ausschlussfrist). | 3.21 Liability RANDSTAD RISESMART’s liability under this Agreement and under any legal grounds (in particular according to Section 280 ff. of the German Civil Code [BGB], or due to rights in case of defects or tortuous acts) is limited to intent, gross negligence, the negligent breach of essential contractual obligations and cases of injury to body, life or health. No-fault liability and liability for negligence in other respects are excluded. Insofar as RANDSTAD RISESMART’s liability is not excluded, it is limited to the amount paid for the service per calendar year for all claims, irrespective of the number of claims that occur in that calendar year. RANDSTAD RISESMART is not liable for consequential damages (especially not for lost profit, financing expenses, production downtime). Unused liability amounts from a calendar year cannot be carried over to subsequent calendar years. Cases of mandatory legal liability (e.g. in case of intent) remain unaffected by these provisions. RANDSTAD RISESMART’s liability is excluded unless a written claim for damages is filed within 12 calendar months of the occurrence of the damage and—in the event of rejection by RANDSTAD RISESMART—a legal claim is made within one calendar month (exclusion period). |
3.22 Schadloshaltung. | 3.22 Indemnity. |
3.23 Sie sind verpflichtet, RANDSTAD RISESMART zu verteidigen, zu entschädigen und schadlos zu halten von allen und gegen alle Ansprüche, Klagen oder Forderungen, einschließlich angemessener Rechtsverfolgungskosten, die sich aus Ihrem Verstoß gegen diese Bedingungen, Ihren Inhalten oder Ihrem Zugang, Beitrag, Ihrer Nutzung oder Ihrem Missbrauch des Dienstes ergeben oder daraus resultieren. | You agree to defend, indemnify and hold RANDSTAD RISESMART harmless from and against any and all claims, actions or demands, including reasonable legal fees, arising out of or resulting from your violation of these Terms, Your Content or your access, contribution, use or misuse of the Service. |
3.24 Geltendes Recht | 3.24 Applicable law. |
3.25 Diese Bedingungen und Konditionen unterliegen dem Recht der Bundesrepublik Deutschland unter Ausschluss des deutschen internationalen Privatrechts. | 3.25 These terms and conditions are subject to the law of the Federal Republic of Germany to the exclusion of German international private law. |
3.26 Apple-aktivierte Software-Anwendungen. | 3.26 Apple-enabled software applications. |
3.27 RANDSTAD RISESMART bietet Softwareanwendungen an, die dazu bestimmt sind, in Verbindung mit Produkten betrieben zu werden, die von Apple Inc. kommerziell verfügbar gemacht werden. ("Apple") neben anderen Plattformen kommerziell verfügbar gemacht werden. In Bezug auf Software, die Ihnen in Verbindung mit einem Produkt der Marke Apple zur Verfügung gestellt wird (solche Software, "Apple-fähige Software"), erkennt RANDSTAD RISESMART an, dass diese Bedingungen nur zwischen RANDSTAD RISESMART und Ihnen und nicht mit Apple vereinbart werden. Wenn Sie Fragen, Beschwerden oder Schadenersatzforderungen im Zusammenhang mit der Apple-kompatiblen Software haben, können Sie diese wie folgt an RANDSTAD RISESMART richten: user.support@risesmart.com Randstad, Inc. 55 Almaden Boulevard, Suite 800 San Jose, CA 95113 United States of America | 3.27 RANDSTAD RISESMART offers software applications that are intended to be used in conjunction with products made commercially available by Apple Inc. (hereinafter referred to as “Apple”), among other platforms. With respect to any software provided to you in connection with an Apple-branded product (such software shall hereinafter be referred to as “Apple-compatible Software”), RANDSTAD RISESMART acknowledges that these Terms are agreed only between RANDSTAD RISESMART and you, and not with Apple. If you have any questions, complaints or claims in connection with the Apple-compatible Software, you can address them to RANDSTAD RISESMART as follows: user.support@risesmart.com Randstad, Inc. 55 Almaden Boulevard, Suite 800 San Jose, CA 95113 USA |
3.28 Sie und RANDSTAD RISESMART erkennen an und erklären sich damit einverstanden, dass Apple und seine Tochtergesellschaften Drittbegünstigte dieser Bedingungen in Bezug auf die Apple-kompatible Software sind und Apple aufgrund Ihrer Zustimmung zu den Bestimmungen dieser Bedingungen das Recht hat (akzeptiert), in seiner Eigenschaft als Drittbegünstigter diese Bedingungen in Bezug auf Apple-kompatible Software gegen Sie durchzusetzen. | 3.28 You and RANDSTAD RISESMART acknowledge and agree that Apple and its affiliates are third party beneficiaries of these Terms with respect to the Apple-compatible Software, and Apple has the right (accepts the right) to enforce these Terms against you in its capacity as a third party beneficiary with respect to Apple-compatible Software by virtue of your agreement to the provisions of these Terms. |
3.29 Datenschutz Vertrauliche Informationen, einschließlich personenbezogener Daten, werden durch den Dienst und bei der Erstellung eines Accounts für den Dienst verarbeitet. RANDSTAD RISESMART wird Ihre persönlichen Daten vertraulich behandeln. Weitere Informationen finden Sie in der Datenschutzerklärung für RANDSTAD RISESMART (Outplacement-, Karriere-, Redeployment-Beratung, Worklife Coaching). | 3.29 Data protection Confidential information, including personal data, is processed through the Service and when creating an account for the Service. RANDSTAD RISESMART will treat your personal data confidentially. For more information, please refer to the RANDSTAD RISESMART Data Privacy Statement (Outplacement, Career Counseling, Redeployment, Worklife Coaching). |
Stand: Januar 2024 | Last amended: January 2024 |
Effective June 1st 2022 to July 16th 2024
DownloadTable of Contents
NUTZUNGSBEDINGUNGEN
Spotlight
SPOTLIGHT ist eine online-basiertes Software-Tool, das Sie im Rahmen der Outplacement-/Karriere-/Redeployment-Beratung/des Worklife Coachings von RANDSTAD RISESMART unterstützt und Ihnen zahlreiche Funktionalitäten bietet. Die Implementierung erfolgt durch einen von RANDSTAD RISESMART beauftragten Dritten. Sie haben das nicht-exklusive, beschränkte Recht, auf SPOTLIGHT gemäß den untenstehenden Bedingungen zuzugreifen.
1.	Akzeptieren der Bedingungen
1.1.	In Deutschland wird Ihnen Spotlight von Randstad RiseSmart GmbH („RANDSTAD RISESMART“) angeboten. RANDSTAD RISESMART bietet Ihnen Spotlight unter diesen Nutzungsbedingungen ("Bedingungen") zur Nutzung an. Indem Sie diese Bedingungen akzeptieren oder auf Spotlight zugreifen oder Spotlight nutzen, bestätigen Sie, dass Sie diese Bedingungen gelesen und verstanden haben und erklären sich damit einverstanden, an sie gebunden zu sein. Wenn Sie mit diesen Bedingungen nicht einverstanden sind, dürfen Sie Spotlight nicht nutzen.
1.2.	RANDSTAD RISESMART kann diese Bedingungen jederzeit und ohne Vorankündigung ändern. Die geänderten Nutzungsbedingungen treten in Kraft, sobald sie Ihnen zur Kenntnis gebracht werden. Dies geschieht, wenn Sie sich in SPOTLIGHT mit den Ihnen zur Verfügung gestellten Zugangsdaten anmelden. Wenn Sie danach SPOTLIGHT benutzen, stellt Ihre Nutzung die Annahme der geänderten Bedingungen dar.
2.	Definition Dienst
2.1.	Der Begriff "Dienst" umfasst (a) die Applikation Spotlight, (b) die darin enthaltenen Outplacement- und Karrieremanagement-Dienste und andere verwandte Dienste (einschließlich Dateiverwaltungs- und Analysedienste) sowie verwandte Technologien und Anwendungen (einschließlich, aber nicht beschränkt auf Anwendungen und Dienste, auf die Sie über eine mobile oder andere Schnittstelle zugreifen können, die Ihnen den Zugriff auf solche Anwendungen und Dienste ermöglicht), und (c) alle sonstige enthaltene Software, Materialien, Portale, Empfehlungen, Job-Leads, Daten, Berichte, Texte, Bilder, Töne, Videos, Analysen und andere Inhalte (zusammenfassend als "Inhalt" bezeichnet). Alle neuen Funktionen, die dem Dienst hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls diesen Bedingungen.
3.	Allgemeine Nutzungsbedingungen/Lizenz
3.1.	Im Rahmen dieser Bedingungen dürfen Sie auf den Dienst nur für rechtmäßige Zwecke zugreifen und ihn nutzen. Der Dienst ist nur für den persönlichen Gebrauch bestimmt. Alle Rechte am Dienst und seinen Komponenten verbleiben bei RANDSTAD RISESMART und gehören ausschließlich RANDSTAD RISESMART. Sie dürfen nicht (und dürfen dies auch Dritten nicht gestatten):
3.1.1. den Dienst kopieren, reproduzieren, modifizieren, löschen, verteilen, herunterladen, speichern, übertragen, veröffentlichen, ein davon abgeleitetes Werk erstellen, zurückentwickeln, reassemblieren oder anderweitig direkt oder indirekt versuchen, den Quellcode des Dienstes zu ermitteln, ihn zu verkaufen, unterzulizenzieren, weiterzuverkaufen, zu vermieten, zu verpachten, zu übertragen, abzutreten oder den Dienst anderweitig kommerziell zu verwerten oder Dritten zur Verfügung zu stellen;
3.1.2. den Dienst auf irgendeine ungesetzliche Art und Weise nutzen (einschließlich, aber nicht beschränkt auf die Verletzung von Daten-, Datenschutz- oder Exportkontrollgesetzen) oder auf irgendeine Art und Weise, die die Integrität oder Leistung des Dienstes oder seiner Komponenten stört oder unterbricht;
3.1.3. den Dienst modifizieren, anpassen oder hacken oder anderweitig zu versuchen, sich unberechtigten Zugang zum Dienst oder seinen zugehörigen Systemen oder Netzwerken zu verschaffen; oder
3.1.4. Inhalte auf anderen Websites oder in anderen Medien (z.B. in einer Netzwerkumgebung) verwenden.
3.2.	Sie sind verpflichtet, diese Nutzungsbedingungen, alle Gesetze und Vorschriften sowie alle Richtlinien oder sonstigen Hinweise einzuhalten, die RANDSTAD RISESMART Ihnen in Verbindung mit dem Dienst zur Verfügung stellt oder veröffentlicht, und Sie sind verpflichtet, RANDSTAD RISESMART unverzüglich zu benachrichtigen, wenn Sie von einer Sicherheitsverletzung im Zusammenhang mit dem Dienst erfahren. Darüber hinaus unterliegen Sie bei der Nutzung bestimmter Leistungen zusätzlichen Bedingungen, die für diese bestimmten Leistungen gelten und die von Zeit zu Zeit in Spotlight veröffentlicht werden.
3.3.	RANDSTAD RISESMART behält sich das Recht vor, den Dienst ohne vorherige Ankündigung zu beenden, wenn Sie diese Bedingungen oder irgendwelche Gesetze und/oder Vorschriften nicht einhalten. Darüber hinaus ist RANDSTAD RISESMART berechtigt, den Dienst zu beenden, wenn Sie den Dienst über einen Zeitraum von 24 Monaten nicht genutzt haben.
3.4.	Spotlight sowie jede andere von RANDSTAD RISESMART in Verbindung mit dem Dienst zur Verfügung gestellte Software ("Software") enthält proprietäre und vertrauliche Informationen, die durch geltende Gesetze über geistiges Eigentum und andere Gesetze geschützt sind. Vorbehaltlich dieser Bedingungen gewährt Ihnen RANDSTAD RISESMART hiermit ein persönliches, nicht übertragbares, nicht unterlizenzierbares und nicht exklusives Recht und die Lizenz, den Objektcode einer Software auf einem einzelnen Gerät ausschließlich in Verbindung mit dem Dienst zu verwenden, vorausgesetzt, Sie oder ein durch Sie beauftragter Dritter versuchen nicht, den Quellcode de Software zu ermitteln, zu kopieren, zu modifizieren, zu verwenden oder zu disassemblieren, um ein abgeleitetes Werk neu zu erstellen oder ein Recht an der Software zu verkaufen, zu gewähren, unterzulizenzieren oder anderweitig zu übertragen. Es wird Ihnen in Verbindung mit dem Dienst keine Lizenz oder kein Recht zur Nutzung einer Marke von RANDSTAD RISESMART oder eines Dritten gewährt.
3.5.	Sie erklären sich damit einverstanden, auf den Dienst nur über die Schnittstelle zuzugreifen, die von RANDSTAD RISESMART für den Zugriff auf den Dienst zur Verfügung gestellt wird.
3.6.	Sie sind allein verantwortlich für alle Daten, Informationen, Rückmeldungen, Vorschläge, Texte, Inhalte und andere Materialien, die Sie hochladen, veröffentlichen, liefern, bereitstellen oder anderweitig übertragen oder speichern (nachfolgend "übertragen) in Verbindung mit oder in Bezug auf den Dienst ("Ihre Inhalte"). Sie erklären und garantieren hiermit, dass Ihre Inhalte, die von Ihnen übertragen werden:
3.6.1. wahrheitsgemäß und vollständig sind (insbesondere Lebenslauf, biographische Daten und Beschäftigungsinformationen) und
3.6.2. frei von Bugs, Würmern oder Viren sind.
3.7.	RANDSTAD RISESMART kann Ihre Inhalte, die sich als unrichtig erweisen, ohne vorherige Ankündigung entfernen. Es ist nicht gestattet, Nachrichten zu senden oder zu posten und/oder Material mit irreführenden, beleidigenden, diskriminierenden oder anderweitig rechtswidrigen Inhalten oder unangemessenen oder unnötig anstößigen Inhalten hochzuladen. RANDSTAD RISESMART behält sich das Recht vor, solche Nachrichten und/oder Uploads nicht zu posten oder sie ohne vorherige Ankündigung zu entfernen.
3.8.	Sie sind verantwortlich für die Wahrung der Vertraulichkeit Ihres Passworts und Kontos und für alle Aktivitäten, die unter Ihrem Login oder Konto stattfinden. RANDSTAD RISESMART behält sich das Recht vor, auf Ihr Konto zuzugreifen, um auf Ihre Anfragen nach technischer Unterstützung zu antworten. RANDSTAD RISESMART ergreift Sicherheitsmaßnahmen, um den unbefugten Zugang zu und die unbefugte Nutzung von Daten im Dienst zu verhindern. Sie sollten sich dennoch darüber im Klaren sein, dass es unmöglich ist, eine unbefugte und/oder unrechtmäßige Nutzung Ihrer Daten oder eine unbeabsichtigte Verschlechterung oder einen unbeabsichtigten Verlust vollständig auszuschließen.
3.9.	Sie nehmen zur Kenntnis, dass der Betrieb des Dienstes, einschließlich Ihrer Inhalte, unverschlüsselt erfolgen kann bei:
- Übertragungen über verschiedene Netzwerke;
- Änderungen zur Konformität und Anpassung an die technischen Anforderungen der verbindenden Netzwerke oder Geräte;
- Übertragungen an Drittanbieter und Hosting-Partner von RANDSTAD RISESMART, um die notwendige Hardware, Software, Netzwerk-, Speicher- und verwandte Technologie bereitzustellen, die für den Betrieb und die Wartung des Dienstes erforderlich ist, und;
- die Übertragung an andere Dritte in Verbindung mit der Bereitstellung des Dienstes für Sie.
3.10.	Wenn Sie auf der Suche nach einem Arbeitsplatz oder einer Karriereentwicklung sind, erklären Sie sich ferner damit einverstanden, bei der Verwaltung von Stellenangeboten und anderen Informationen, die durch den Dienst angeboten oder durch diesen beschafft werden, Ihr eigenes Urteilsvermögen, Ihre Vorsicht und Ihren gesunden Menschenverstand walten zu lassen und dass Sie das alleinige Risiko des Vertrauens in oder der Nutzung von Inhalten (einschließlich aller Stellenangebote oder Karriereratschläge oder -empfehlungen), die durch den Dienst bereitgestellt werden, tragen.
3.11.	Ihnen ist bekannt, dass ein Kunde von RANDSTAD RISESMART RANDSTAD RISESMART beauftragen kann, die gegenwärtigen und/oder ehemaligen Mitarbeiter des Kunden bei der Suche nach einer Beschäftigung zu unterstützen ("Kundenauftrag"). Wenn Sie die Dienstleistungen im Rahmen eines solchen Kundenauftrags in Anspruch nehmen, kann RANDSTAD RISESMART dem Kunden Fortschrittsberichte und andere Informationen zur Verfügung stellen, die Sie identifizieren und den Status Ihrer Nutzung der Dienstleistung, den Umfang Ihrer Nutzung der Dienstleistung, Ihren Meilenstein-Fortschritt und Status bei der Arbeitssuche, Ihre Zufriedenheit oder anderes Feedback in Bezug auf die Dienstleistung, einzeln oder in aggregierter Form, angeben. Weitere Informationen zur Erfassung, Verwendung und Weitergabe von Informationen, die Sie und Ihr (ehemaliger) Arbeitgeber im Zusammenhang mit Kundenaufträgen zur Verfügung stellen, finden Sie in der Datenschutzerklärung für RANDSTAD RISESMART (Outplacement, Karriereberatung, Redeployment, Worklife Coaching).
3.12.	Sie erklären sich damit einverstanden, dass RANDSTAD RISESMART:
- allgemeine Bedingungen bezüglich der Nutzung des Dienstes festlegen kann, einschließlich, aber nicht beschränkt auf die maximale Zeitspanne, während der Inhalte oder irgendwelche Ihrer Inhalte aufbewahrt werden und den maximalen Speicherplatz, der Ihrem Konto zugeteilt wird,
- nicht verantwortlich oder haftbar ist für die Löschung oder das Versäumnis, einen Inhalt oder einen Ihrer Inhalte zu speichern, der von dem Dienst verwaltet oder auf den Dienst hochgeladen wird
- den Inhalt und alle Ihre Inhalte aufbewahren und den Inhalt und Ihre Inhalte offenlegen kann, wenn dies gesetzlich oder durch das Gesetz verlangt wird:
- diese Bedingungen durchsetzt;
- auf Behauptungen reagiert, dass ein Inhalt oder einer Ihrer Inhalte die Rechte Dritter verletzt.
3.13.	Beendigung
Mit Beendigung des zwischen Ihnen und RANDSTAD RISESMART geschlossenen Vertrages oder im Falle einer separaten Kündigung Ihres Kontos haben Sie Zugriff auf die "Alumni-Version" von Spotlight und Sie können auf Ihren Account für einen unbegrenzten Zeitraum zugreifen. Ihre personenbezogenen Teilnehmerdaten werden für die Dauer von drei Jahren beginnend mit dem Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde, von RANDSTAD RISESMART gespeichert. Ihre Daten werden danach zeitnah gelöscht.
3.14.	RANDSTAD RISESMART behält sich das Recht vor:
3.14.1. den Dienst (oder einen Teil davon) vorübergehend oder dauerhaft zu ändern oder einzustellen und
3.14.2. jegliche gegenwärtige und zukünftige Nutzung des Dienstes zu verweigern, Ihr Konto (oder einen Teil davon) oder die Nutzung des Dienstes zu sperren oder zu beenden und jeglichen Ihrer Inhalte im Dienst zu entfernen und zu verwerfen, wenn Sie gegen diese Bedingungen verstoßen haben und trotz vorheriger Abmahnung durch RANDSTAD RISESMART weiterhin gegen diese Bedingungen verstoßen.
3.15.	den Dienst anzupassen, z.B. im Zusammenhang mit technologischen Entwicklungen. Dabei können bestehende Funktionalitäten angepasst, ergänzt oder gelöscht werden. Soweit möglich, wird RANDSTAD RISESMART Sie im Voraus über alle Änderungen informieren, die einen wesentlichen Einfluss auf Ihre Nutzung des Dienstes haben.
3.16.	RANDSTAD RISESMART wird angemessene Maßnahmen ergreifen, die Verfügbarkeit und Qualität des Dienstes zu gewährleisten. RANDSTAD RISESMART ist ausdrücklich nicht verantwortlich für Ausfälle oder eingeschränkte Verfügbarkeit des Dienstes aufgrund höherer Gewalt (einschließlich Ausfällen im Internet, Hacking, Denial-of-Service-Angriffe) und/oder Handlungen oder Unterlassungen von Ihnen selbst oder von Ihnen eingeschalteten Dritten und schließt diesbezüglich jegliche Haftung aus.
3.17.	Links zu anderen Websites.
3.18.	Der Dienst kann Links zu anderen Websites enthalten. Diese Links werden Ihnen nur als Dienstleistung zur Verfügung gestellt. Dies bedeutet nicht, dass der Inhalt auf den Websites Dritter von RANDSTAD RISESMART genehmigt wurde. RANDSTAD RISESMART ist nicht verantwortlich für den Inhalt verlinkter Websites Dritter und gibt keine Zusicherungen bezüglich des Inhalts oder der Genauigkeit der Materialien auf diesen Websites Dritter ab. Der Zugriff auf verlinkte Websites Dritter erfolgt auf Ihr eigenes Risiko.
3.19.	Mobile Geräte.
3.20.	Durch die Nutzung des Dienstes auf einem mobilen Gerät stimmen Sie zu, dass Informationen über Ihre Nutzung des Dienstes mit RANDSTAD RISESMART über Ihr mobiles Gerät und Ihren Provider, einschließlich Ihres Netzbetreibers, Ihres mobilen Geräts und Ihres physischen Standorts, ausgetauscht werden können. Darüber hinaus kann die Nutzung des Dienstes auf einem mobilen Gerät dazu führen, dass Daten auf und über Ihr mobiles Gerät angezeigt werden. Durch den Zugriff auf den Dienst von einem mobilen Gerät aus erklären Sie, dass Sie, wenn Sie RANDSTAD RISESMART-Daten auf Ihr mobiles Gerät importieren, die Berechtigung haben, die übertragenen Daten mit Ihrem mobilen Dienstanbieter oder einem anderen Dienstanbieter gemeinsam zu nutzen. Wenn Sie Ihr mobiles Gerät / Ihr Konto ändern oder deaktivieren, müssen Sie sicherstellen, dass andere Personen keinen Zugriff auf Ihr Konto (und ggf. auf zugehörige Nachrichten) haben. Sie sind für die Unterlassung von solchen Handlungen verantwortlich. Sie erkennen an, dass Sie für alle Kosten und Genehmigungen verantwortlich sind, die für den Zugriff auf den Dienst über Ihr mobiles Gerät und Ihren Provider erforderlich sind. Durch die Verwendung einer herunterladbaren Anwendung zur Nutzung des Dienstes erkennen Sie ausdrücklich an, dass Sie die Bedingungen der Endbenutzer-Lizenzvereinbarung für die Anwendung akzeptieren, die während des Herunterladens oder der Installation angezeigt werden können und die sich von Zeit zu Zeit ändern können.
3.21.	Haftung.
Die Haftung von RANDSTAD RISESMART aus diesem Vertrag sowie aus jedem Rechtsgrund (insbesondere gemäß §§ 280 ff. BGB oder wegen Rechten bei Mängeln oder unerlaubten Handlungen) ist auf Vorsatz, grobe Fahrlässigkeit, die fahrlässige Verletzung vertragswesentlicher Pflichten sowie auf Fälle der Verletzung des Körpers, des Lebens oder der Gesundheit beschränkt. Eine verschuldensunabhängige Haftung sowie die Haftung für Fahrlässigkeit im Übrigen ist ausgeschlossen.
Soweit die Haftung von RANDSTAD RISESMART nicht ausgeschlossen ist, ist sie pro Kalenderjahr für alle Schadensfälle unabhängig von der Anzahl der Schadensfälle, die in diesem Kalenderjahr eintreten, insgesamt auf die Höhe der für den Dienst bezahlten Summe beschränkt. RANDSTAD RISESMART haftet nicht für Folgeschäden (insbesondere nicht für entgangenen Gewinn, Finanzierungsaufwendungen, Produktionsstillstand). Eine Übertragung nicht in Anspruch genommener Haftungsbeträge auf nachfolgende Kalenderjahre ist nicht möglich.
Fälle zwingender gesetzlicher Haftung (bspw. bei Vorsatz) bleiben von diesen Vorschriften unberührt.
Die Haftung von RANDSTAD RISESMART ist ausgeschlossen, sofern nicht innerhalb von 12 Kalendermonaten nach Schadenseintritt eine schriftliche Anmeldung des Schadensersatzanspruchs und – im Falle der Ablehnung durch RANDSTAD RISESMART – innerhalb von einem Kalendermonat eine gerichtliche Geltendmachung erfolgt (Ausschlussfrist).
3.22.	Schadloshaltung.
3.23.	Sie sind verpflichtet, RANDSTAD RISESMART zu verteidigen, zu entschädigen und schadlos zu halten von allen und gegen alle Ansprüche, Klagen oder Forderungen, einschließlich angemessener Rechtsverfolgungskosten, die sich aus Ihrem Verstoß gegen diese Bedingungen, Ihren Inhalten oder Ihrem Zugang, Beitrag, Ihrer Nutzung oder Ihrem Missbrauch des Dienstes ergeben oder daraus resultieren.
3.24.	Geltendes Recht.
3.25.	Diese Bedingungen und Konditionen unterliegen dem Recht der Bundesrepublik Deutschland unter Ausschluss des deutschen internationalen Privatrechts.
3.26.	Apple-aktivierte Software-Anwendungen.
3.27.	RANDSTAD RISESMART bietet Softwareanwendungen an, die dazu bestimmt sind, in Verbindung mit Produkten betrieben zu werden, die von Apple Inc. kommerziell verfügbar gemacht werden. ("Apple") neben anderen Plattformen kommerziell verfügbar gemacht werden. In Bezug auf Software, die Ihnen in Verbindung mit einem Produkt der Marke Apple zur Verfügung gestellt wird (solche Software, "Apple-fähige Software"), erkennt RANDSTAD RISESMART an, dass diese Bedingungen nur zwischen RANDSTAD RISESMART und Ihnen und nicht mit Apple vereinbart werden. Wenn Sie Fragen, Beschwerden oder Schadenersatzforderungen im Zusammenhang mit der Apple-kompatiblen Software haben, können Sie diese wie folgt an RANDSTAD RISESMART richten:
United States of America
3.28. Sie und RANDSTAD RISESMART erkennen an und erklären sich damit einverstanden, dass Apple und seine Tochtergesellschaften Drittbegünstigte dieser Bedingungen in Bezug auf die Apple-kompatible Software sind und Apple aufgrund Ihrer Zustimmung zu den Bestimmungen dieser Bedingungen das Recht hat (akzeptiert), in seiner Eigenschaft als Drittbegünstigter diese Bedingungen in Bezug auf Apple-kompatible Software gegen Sie durchzusetzen.
3.29.	Datenschutz.
Vertrauliche Informationen, einschließlich personenbezogener Daten, werden durch den Dienst und bei der Erstellung eines Accounts für den Dienst verarbeitet. RANDSTAD RISESMART wird Ihre persönlichen Daten vertraulich behandeln. Weitere Informationen finden Sie in der Datenschutzerklärung für RANDSTAD RISESMART (Outplacement-, Karriere-, Redeployment-Beratung, Worklife Coaching).
Stand: Juni 2022
Effective October 6th 2021 to June 1st 2022
DownloadTable of Contents
NUTZUNGSBEDINGUNGEN
Spotlight
SPOTLIGHT ist eine online-basiertes Software-Tool, das Sie im Rahmen der Outplacement-/Redeployment-Beratung von MÜHLENHOFF unterstützt und Ihnen zahlreiche Funktionalitäten bietet. Die Implementierung erfolgt durch einen von MÜHLENHOFF beauftragten Dritten. Sie haben das nicht-exklusive, beschränkte Recht, auf SPOTLIGHT gemäß den untenstehenden Bedingungen zuzugreifen.
1.	Akzeptieren der Bedingungen
1.1.	In Deutschland wird Ihnen Spotlight von Mühlenhoff + Partner GmbH („MÜHLENHOFF“) angeboten. MÜHLENHOFF bietet Ihnen Spotlight unter diesen Nutzungsbedingungen ("Bedingungen") zur Nutzung an. Indem Sie diese Bedingungen akzeptieren oder auf Spotlight zugreifen oder Spotlight nutzen, bestätigen Sie, dass Sie diese Bedingungen gelesen und verstanden haben und erklären sich damit einverstanden, an sie gebunden zu sein. Wenn Sie mit diesen Bedingungen nicht einverstanden sind, dürfen Sie Spotlight nicht nutzen.
1.2.	MÜHLENHOFF kann diese Bedingungen jederzeit und ohne Vorankündigung ändern. Die geänderten Nutzungsbedingungen treten in Kraft, sobald sie Ihnen zur Kenntnis gebracht werden. Dies geschieht, wenn Sie sich in SPOTLIGHT mit den Ihnen zur Verfügung gestellten Zugangsdaten anmelden. Wenn Sie danach SPOTLIGHT benutzen, stellt Ihre Nutzung die Annahme der geänderten Bedingungen dar.
2.	Definition Dienst
2.1.	Der Begriff "Dienst" umfasst (a) die Applikation Spotlight, (b) die darin enthaltenen Outplacement- und Karrieremanagement-Dienste und andere verwandte Dienste (einschließlich Dateiverwaltungs- und Analysedienste) sowie verwandte Technologien und Anwendungen (einschließlich, aber nicht beschränkt auf Anwendungen und Dienste, auf die Sie über eine mobile oder andere Schnittstelle zugreifen können, die Ihnen den Zugriff auf solche Anwendungen und Dienste ermöglicht), und (c) alle sonstige enthaltene Software, Materialien, Portale, Empfehlungen, Job-Leads, Daten, Berichte, Texte, Bilder, Töne, Videos, Analysen und andere Inhalte (zusammenfassend als "Inhalt" bezeichnet). Alle neuen Funktionen, die dem Dienst hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls diesen Bedingungen.
3.	Allgemeine Nutzungsbedingungen/Lizenz
3.1.	Im Rahmen dieser Bedingungen dürfen Sie auf den Dienst nur für rechtmäßige Zwecke zugreifen und ihn nutzen. Der Dienst ist nur für den persönlichen Gebrauch bestimmt. Alle Rechte am Dienst und seinen Komponenten verbleiben bei MÜHLENHOFF und gehören ausschließlich MÜHLENHOFF. Sie dürfen nicht (und dürfen dies auch Dritten nicht gestatten):
3.1.1. den Dienst kopieren, reproduzieren, modifizieren, löschen, verteilen, herunterladen, speichern, übertragen, veröffentlichen, ein davon abgeleitetes Werk erstellen, zurückentwickeln, reassemblieren oder anderweitig direkt oder indirekt versuchen, den Quellcode des Dienstes zu ermitteln, ihn zu verkaufen, unterzulizenzieren, weiterzuverkaufen, zu vermieten, zu verpachten, zu übertragen, abzutreten oder den Dienst anderweitig kommerziell zu verwerten oder Dritten zur Verfügung zu stellen;
3.1.2. den Dienst auf irgendeine ungesetzliche Art und Weise nutzen (einschließlich, aber nicht beschränkt auf die Verletzung von Daten-, Datenschutz- oder Exportkontrollgesetzen) oder auf irgendeine Art und Weise, die die Integrität oder Leistung des Dienstes oder seiner Komponenten stört oder unterbricht;
3.1.3. den Dienst modifizieren, anpassen oder hacken oder anderweitig zu versuchen, sich unberechtigten Zugang zum Dienst oder seinen zugehörigen Systemen oder Netzwerken zu verschaffen; oder
3.1.4. Inhalte auf anderen Websites oder in anderen Medien (z.B. in einer Netzwerkumgebung) verwenden.
3.2.	Sie sind verpflichtet, diese Nutzungsbedingungen, alle Gesetze und Vorschriften sowie alle Richtlinien oder sonstigen Hinweise einzuhalten, die MÜHLENHOFF Ihnen in Verbindung mit dem Dienst zur Verfügung stellt oder veröffentlicht, und Sie sind verpflichtet, MÜHLENHOFF unverzüglich zu benachrichtigen, wenn Sie von einer Sicherheitsverletzung im Zusammenhang mit dem Dienst erfahren. Darüber hinaus unterliegen Sie bei der Nutzung bestimmter Leistungen zusätzlichen Bedingungen, die für diese bestimmten Leistungen gelten und die von Zeit zu Zeit in Spotlight veröffentlicht werden.
3.3.	MÜHLENHOFF behält sich das Recht vor, den Dienst ohne vorherige Ankündigung zu beenden, wenn Sie diese Bedingungen oder irgendwelche Gesetze und/oder Vorschriften nicht einhalten. Darüber hinaus ist MÜHLENHOFF berechtigt, den Dienst zu beenden, wenn Sie den Dienst über einen Zeitraum von 24 Monaten nicht genutzt haben.
3.4.	Spotlight sowie jede andere von MÜHLENHOFF in Verbindung mit dem Dienst zur Verfügung gestellte Software ("Software") enthält proprietäre und vertrauliche Informationen, die durch geltende Gesetze über geistiges Eigentum und andere Gesetze geschützt sind. Vorbehaltlich dieser Bedingungen gewährt Ihnen MÜHLENHOFF hiermit ein persönliches, nicht übertragbares, nicht unterlizenzierbares und nicht exklusives Recht und die Lizenz, den Objektcode einer Software auf einem einzelnen Gerät ausschließlich in Verbindung mit dem Dienst zu verwenden, vorausgesetzt, Sie oder ein durch Sie beauftragter Dritter versuchen nicht, den Quellcode de Software zu ermitteln, zu kopieren, zu modifizieren, zu verwenden oder zu disassemblieren, um ein abgeleitetes Werk neu zu erstellen oder ein Recht an der Software zu verkaufen, zu gewähren, unterzulizenzieren oder anderweitig zu übertragen. Es wird Ihnen in Verbindung mit dem Dienst keine Lizenz oder kein Recht zur Nutzung einer Marke von MÜHLENHOFF oder eines Dritten gewährt.
3.5.	Sie erklären sich damit einverstanden, auf den Dienst nur über die Schnittstelle zuzugreifen, die von MÜHLENHOFF für den Zugriff auf den Dienst zur Verfügung gestellt wird.
3.6.	Sie sind allein verantwortlich für alle Daten, Informationen, Rückmeldungen, Vorschläge, Texte, Inhalte und andere Materialien, die Sie hochladen, veröffentlichen, liefern, bereitstellen oder anderweitig übertragen oder speichern (nachfolgend "übertragen) in Verbindung mit oder in Bezug auf den Dienst ("Ihre Inhalte"). Sie erklären und garantieren hiermit, dass Ihre Inhalte, die von Ihnen übertragen werden:
3.6.1. wahrheitsgemäß und vollständig sind (insbesondere Lebenslauf, biographische Daten und Beschäftigungsinformationen) und
3.6.2. frei von Bugs, Würmern oder Viren sind.
3.7.	MÜHLENHOFF kann Ihre Inhalte, die sich als unrichtig erweisen, ohne vorherige Ankündigung entfernen. Es ist nicht gestattet, Nachrichten zu senden oder zu posten und/oder Material mit irreführenden, beleidigenden, diskriminierenden oder anderweitig rechtswidrigen Inhalten oder unangemessenen oder unnötig anstößigen Inhalten hochzuladen. MÜHLENHOFF behält sich das Recht vor, solche Nachrichten und/oder Uploads nicht zu posten oder sie ohne vorherige Ankündigung zu entfernen.
3.8.	Sie sind verantwortlich für die Wahrung der Vertraulichkeit Ihres Passworts und Kontos und für alle Aktivitäten, die unter Ihrem Login oder Konto stattfinden. MÜHLENHOFF behält sich das Recht vor, auf Ihr Konto zuzugreifen, um auf Ihre Anfragen nach technischer Unterstützung zu antworten. MÜHLENHOFF ergreift Sicherheitsmaßnahmen, um den unbefugten Zugang zu und die unbefugte Nutzung von Daten im Dienst zu verhindern. Sie sollten sich dennoch darüber im Klaren sein, dass es unmöglich ist, eine unbefugte und/oder unrechtmäßige Nutzung Ihrer Daten oder eine unbeabsichtigte Verschlechterung oder einen unbeabsichtigten Verlust vollständig auszuschließen.
3.9.	Sie nehmen zur Kenntnis, dass der Betrieb des Dienstes, einschließlich Ihrer Inhalte, unverschlüsselt erfolgen kann bei:
- Übertragungen über verschiedene Netzwerke;
- Änderungen zur Konformität und Anpassung an die technischen Anforderungen der verbindenden Netzwerke oder Geräte;
- Übertragungen an Drittanbieter und Hosting-Partner von MÜHLENHOFF, um die notwendige Hardware, Software, Netzwerk-, Speicher- und verwandte Technologie bereitzustellen, die für den Betrieb und die Wartung des Dienstes erforderlich ist, und;
- die Übertragung an andere Dritte in Verbindung mit der Bereitstellung des Dienstes für Sie.
3.10.	Wenn Sie auf der Suche nach einem Arbeitsplatz oder einer Karriereentwicklung sind, erklären Sie sich ferner damit einverstanden, bei der Verwaltung von Stellenangeboten und anderen Informationen, die durch den Dienst angeboten oder durch diesen beschafft werden, Ihr eigenes Urteilsvermögen, Ihre Vorsicht und Ihren gesunden Menschenverstand walten zu lassen und dass Sie das alleinige Risiko des Vertrauens in oder der Nutzung von Inhalten (einschließlich aller Stellenangebote oder Karriereratschläge oder -empfehlungen), die durch den Dienst bereitgestellt werden, tragen.
3.11.	Ihnen ist bekannt, dass ein Kunde von MÜHLENHOFF MÜHLENHOFF beauftragen kann, die gegenwärtigen und/oder ehemaligen Mitarbeiter des Kunden bei der Suche nach einer Beschäftigung zu unterstützen ("Kundenauftrag"). Wenn Sie die Dienstleistungen im Rahmen eines solchen Kundenauftrags in Anspruch nehmen, kann MÜHLENHOFF dem Kunden Fortschrittsberichte und andere Informationen zur Verfügung stellen, die Sie identifizieren und den Status Ihrer Nutzung der Dienstleistung, den Umfang Ihrer Nutzung der Dienstleistung, Ihren Meilenstein-Fortschritt und Status bei der Arbeitssuche, Ihre Zufriedenheit oder anderes Feedback in Bezug auf die Dienstleistung, einzeln oder in aggregierter Form, angeben. Weitere Informationen zur Erfassung, Verwendung und Weitergabe von Informationen, die Sie und Ihr (ehemaliger) Arbeitgeber im Zusammenhang mit Kundenaufträgen zur Verfügung stellen, finden Sie in der Datenschutzerklärung für MÜHLENHOFF (Outplacement, Karriereberatung, Redeployment).
3.12.	Sie erklären sich damit einverstanden, dass MÜHLENHOFF:
- allgemeine Bedingungen bezüglich der Nutzung des Dienstes festlegen kann, einschließlich, aber nicht beschränkt auf die maximale Zeitspanne, während der Inhalte oder irgendwelche Ihrer Inhalte aufbewahrt werden und den maximalen Speicherplatz, der Ihrem Konto zugeteilt wird,
- nicht verantwortlich oder haftbar ist für die Löschung oder das Versäumnis, einen Inhalt oder einen Ihrer Inhalte zu speichern, der von dem Dienst verwaltet oder auf den Dienst hochgeladen wird
- den Inhalt und alle Ihre Inhalte aufbewahren und den Inhalt und Ihre Inhalte offenlegen kann, wenn dies gesetzlich oder durch das Gesetz verlangt wird:
- diese Bedingungen durchsetzt;
- auf Behauptungen reagiert, dass ein Inhalt oder einer Ihrer Inhalte die Rechte Dritter verletzt.
3.13.	Beendigung
Mit Beendigung des zwischen Ihnen und MÜHLENHOFF geschlossenen Vertrages oder im Falle einer separaten Kündigung Ihres Kontos haben Sie Zugriff auf die "Alumni-Version" von Spotlight und Sie können auf Ihren Account für einen unbegrenzten Zeitraum zugreifen. Ihre personenbezogenen Teilnehmerdaten werden für die Dauer von drei Jahren beginnend mit dem Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde, von MÜHLENHOFF gespeichert. Ihre Daten werden danach zeitnah gelöscht.
3.14.	MÜHLENHOFF behält sich das Recht vor:
3.14.1. den Dienst (oder einen Teil davon) vorübergehend oder dauerhaft zu ändern oder einzustellen und
3.14.2. jegliche gegenwärtige und zukünftige Nutzung des Dienstes zu verweigern, Ihr Konto (oder einen Teil davon) oder die Nutzung des Dienstes zu sperren oder zu beenden und jeglichen Ihrer Inhalte im Dienst zu entfernen und zu verwerfen, wenn Sie gegen diese Bedingungen verstoßen haben und trotz vorheriger Abmahnung durch MÜHLENHOFF weiterhin gegen diese Bedingungen verstoßen.
3.15.	den Dienst anzupassen, z.B. im Zusammenhang mit technologischen Entwicklungen. Dabei können bestehende Funktionalitäten angepasst, ergänzt oder gelöscht werden. Soweit möglich, wird MÜHLENHOFF Sie im Voraus über alle Änderungen informieren, die einen wesentlichen Einfluss auf Ihre Nutzung des Dienstes haben.
3.16.	MÜHLENHOFF wird angemessene Maßnahmen ergreifen, die Verfügbarkeit und Qualität des Dienstes zu gewährleisten. MÜHLENHOFF ist ausdrücklich nicht verantwortlich für Ausfälle oder eingeschränkte Verfügbarkeit des Dienstes aufgrund höherer Gewalt (einschließlich Ausfällen im Internet, Hacking, Denial-of-Service-Angriffe) und/oder Handlungen oder Unterlassungen von Ihnen selbst oder von Ihnen eingeschalteten Dritten und schließt diesbezüglich jegliche Haftung aus.
3.17.	Links zu anderen Websites.
3.18.	Der Dienst kann Links zu anderen Websites enthalten. Diese Links werden Ihnen nur als Dienstleistung zur Verfügung gestellt. Dies bedeutet nicht, dass der Inhalt auf den Websites Dritter von MÜHLENHOFF genehmigt wurde. MÜHLENHOFF ist nicht verantwortlich für den Inhalt verlinkter Websites Dritter und gibt keine Zusicherungen bezüglich des Inhalts oder der Genauigkeit der Materialien auf diesen Websites Dritter ab. Der Zugriff auf verlinkte Websites Dritter erfolgt auf Ihr eigenes Risiko.
3.19.	Mobile Geräte.
3.20.	Durch die Nutzung des Dienstes auf einem mobilen Gerät stimmen Sie zu, dass Informationen über Ihre Nutzung des Dienstes mit MÜHLENHOFF über Ihr mobiles Gerät und Ihren Provider, einschließlich Ihres Netzbetreibers, Ihres mobilen Geräts und Ihres physischen Standorts, ausgetauscht werden können. Darüber hinaus kann die Nutzung des Dienstes auf einem mobilen Gerät dazu führen, dass Daten auf und über Ihr mobiles Gerät angezeigt werden. Durch den Zugriff auf den Dienst von einem mobilen Gerät aus erklären Sie, dass Sie, wenn Sie MÜHLENHOFF -Daten auf Ihr mobiles Gerät importieren, die Berechtigung haben, die übertragenen Daten mit Ihrem mobilen Dienstanbieter oder einem anderen Dienstanbieter gemeinsam zu nutzen. Wenn Sie Ihr mobiles Gerät / Ihr Konto ändern oder deaktivieren, müssen Sie sicherstellen, dass andere Personen keinen Zugriff auf Ihr Konto (und ggf. auf zugehörige Nachrichten) haben. Sie sind für die Unterlassung von solchen Handlungen verantwortlich. Sie erkennen an, dass Sie für alle Kosten und Genehmigungen verantwortlich sind, die für den Zugriff auf den Dienst über Ihr mobiles Gerät und Ihren Provider erforderlich sind. Durch die Verwendung einer herunterladbaren Anwendung zur Nutzung des Dienstes erkennen Sie ausdrücklich an, dass Sie die Bedingungen der Endbenutzer-Lizenzvereinbarung für die Anwendung akzeptieren, die während des Herunterladens oder der Installation angezeigt werden können und die sich von Zeit zu Zeit ändern können.
3.21.	Haftung.
Die Haftung von MÜHLENHOFF aus diesem Vertrag sowie aus jedem Rechtsgrund (insbesondere gemäß §§ 280 ff. BGB oder wegen Rechten bei Mängeln oder unerlaubten Handlungen) ist auf Vorsatz, grobe Fahrlässigkeit, die fahrlässige Verletzung vertragswesentlicher Pflichten sowie auf Fälle der Verletzung des Körpers, des Lebens oder der Gesundheit beschränkt. Eine verschuldensunabhängige Haftung sowie die Haftung für Fahrlässigkeit im Übrigen ist ausgeschlossen.
Soweit die Haftung von MÜHLENHOFF nicht ausgeschlossen ist, ist sie pro Kalenderjahr für alle Schadensfälle unabhängig von der Anzahl der Schadensfälle, die in diesem Kalenderjahr eintreten, insgesamt auf die Höhe der für den Dienst bezahlten Summe beschränkt. MÜHLENHOFF haftet nicht für Folgeschäden (insbesondere nicht für entgangenen Gewinn, Finanzierungsaufwendungen, Produktionsstillstand). Eine Übertragung nicht in Anspruch genommener Haftungsbeträge auf nachfolgende Kalenderjahre ist nicht möglich.
Fälle zwingender gesetzlicher Haftung (bspw. bei Vorsatz) bleiben von diesen Vorschriften unberührt.
Die Haftung von MÜHLENHOFF ist ausgeschlossen, sofern nicht innerhalb von 12 Kalendermonaten nach Schadeneintritt eine schriftliche Anmeldung des Schadensersatzanspruchs und – im Falle der Ablehnung durch MÜHLENHOFF – innerhalb von einem Kalendermonat eine gerichtliche Geltendmachung erfolgt (Ausschlussfrist).
3.22.	Schadloshaltung.
3.23.	Sie sind verpflichtet, MÜHLENHOFF zu verteidigen, zu entschädigen und schadlos zu halten von allen und gegen alle Ansprüche, Klagen oder Forderungen, einschließlich angemessener Rechtsverfolgungskosten, die sich aus Ihrem Verstoß gegen diese Bedingungen, Ihren Inhalten oder Ihrem Zugang, Beitrag, Ihrer Nutzung oder Ihrem Missbrauch des Dienstes ergeben oder daraus resultieren.
3.24.	Geltendes Recht.
3.25.	Diese Bedingungen und Konditionen unterliegen dem Recht der Bundesrepublik Deutschland unter Ausschluss des deutschen internationalen Privatrechts.
3.26.	Apple-aktivierte Software-Anwendungen.
3.27.	MÜHLENHOFF bietet Softwareanwendungen an, die dazu bestimmt sind, in Verbindung mit Produkten betrieben zu werden, die von Apple Inc. kommerziell verfügbar gemacht werden. ("Apple") neben anderen Plattformen kommerziell verfügbar gemacht werden. In Bezug auf Software, die Ihnen in Verbindung mit einem Produkt der Marke Apple zur Verfügung gestellt wird (solche Software, "Apple-fähige Software"), erkennt MÜHLENHOFF an, dass diese Bedingungen nur zwischen MÜHLENHOFF und Ihnen und nicht mit Apple vereinbart werden. Wenn Sie Fragen, Beschwerden oder Schadenersatzforderungen im Zusammenhang mit der Apple-kompatiblen Software haben, können Sie diese wie folgt an MÜHLENHOFF richten:
United States of America
3.28. Sie und MÜHLENHOFF erkennen an und erklären sich damit einverstanden, dass Apple und seine Tochtergesellschaften Drittbegünstigte dieser Bedingungen in Bezug auf die Apple-kompatible Software sind und Apple aufgrund Ihrer Zustimmung zu den Bestimmungen dieser Bedingungen das Recht hat (akzeptiert), in seiner Eigenschaft als Drittbegünstigter diese Bedingungen in Bezug auf Apple-kompatible Software gegen Sie durchzusetzen.
3.29.	Datenschutz.
Vertrauliche Informationen, einschließlich personenbezogener Daten, werden durch den Dienst und bei der Erstellung eines Accounts für den Dienst verarbeitet. MÜHLENHOFF wird Ihre persönlichen Daten vertraulich behandeln. Weitere Informationen finden Sie in der Datenschutzerklärung für MÜHLENHOFF (Outplacement, Karriereberatung, Redeployment).
Effective August 11th 2020 to October 6th 2021
DownloadTable of Contents
NUTZUNGSBEDINGUNGEN
Spotlight
SPOTLIGHT ist eine online-basiertes Software-Tool, das Sie im Rahmen der Outplacement-/Redeployment-Beratung von RANDSTAD RISESMART unterstützt und Ihnen zahlreiche Funktionalitäten bietet. Die Implementierung erfolgt durch einen von RANDSTAD beauftragten Dritten. Sie haben das nicht-exklusive, beschränkte Recht, auf SPOTLIGHT gemäß den untenstehenden Bedingungen zuzugreifen.
1.	Akzeptieren der Bedingungen
1.1.	In Deutschland wird Ihnen Spotlight von RANDSTAD Deutschland GmbH & Co. KG („RANDSTAD“) angeboten. RANDSTAD bietet Ihnen Spotlight unter diesen Nutzungsbedingungen ("Bedingungen") zur Nutzung an. Indem Sie diese Bedingungen akzeptieren oder auf Spotlight zugreifen oder Spotlight nutzen, bestätigen Sie, dass Sie diese Bedingungen gelesen und verstanden haben und erklären sich damit einverstanden, an sie gebunden zu sein. Wenn Sie mit diesen Bedingungen nicht einverstanden sind, dürfen Sie Spotlight nicht nutzen.
1.2.	RANDSTAD kann diese Bedingungen jederzeit und ohne Vorankündigung ändern. Die geänderten Nutzungsbedingungen treten in Kraft, sobald sie Ihnen zur Kenntnis gebracht werden. Dies geschieht, wenn Sie sich in SPOTLIGHT mit den Ihnen zur Verfügung gestellten Zugangsdaten anmelden. Wenn Sie danach SPOTLIGHT benutzen, stellt Ihre Nutzung die Annahme der geänderten Bedingungen dar.
2.	Definition Dienst
2.1.	Der Begriff "Dienst" umfasst (a) die Applikation Spotlight, (b) die darin enthaltenen Outplacement- und Karrieremanagement-Dienste und andere verwandte Dienste (einschließlich Dateiverwaltungs- und Analysedienste) sowie verwandte Technologien und Anwendungen (einschließlich, aber nicht beschränkt auf Anwendungen und Dienste, auf die Sie über eine mobile oder andere Schnittstelle zugreifen können, die Ihnen den Zugriff auf solche Anwendungen und Dienste ermöglicht), und (c) alle sonstige enthaltene Software, Materialien, Portale, Empfehlungen, Job-Leads, Daten, Berichte, Texte, Bilder, Töne, Videos, Analysen und andere Inhalte (zusammenfassend als "Inhalt" bezeichnet). Alle neuen Funktionen, die dem Dienst hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls diesen Bedingungen.
3.	Allgemeine Nutzungsbedingungen/Lizenz
3.1.	Im Rahmen dieser Bedingungen dürfen Sie auf den Dienst nur für rechtmäßige Zwecke zugreifen und ihn nutzen. Der Dienst ist nur für den persönlichen Gebrauch bestimmt. Alle Rechte am Dienst und seinen Komponenten verbleiben bei RANDSTAD und gehören ausschließlich RANDSTAD. Sie dürfen nicht (und dürfen dies auch Dritten nicht gestatten):
3.1.1. den Dienst kopieren, reproduzieren, modifizieren, löschen, verteilen, herunterladen, speichern, übertragen, veröffentlichen, ein davon abgeleitetes Werk erstellen, zurückentwickeln, reassemblieren oder anderweitig direkt oder indirekt versuchen, den Quellcode des Dienstes zu ermitteln, ihn zu verkaufen, unterzulizenzieren, weiterzuverkaufen, zu vermieten, zu verpachten, zu übertragen, abzutreten oder den Dienst anderweitig kommerziell zu verwerten oder Dritten zur Verfügung zu stellen;
3.1.2. den Dienst auf irgendeine ungesetzliche Art und Weise nutzen (einschließlich, aber nicht beschränkt auf die Verletzung von Daten-, Datenschutz- oder Exportkontrollgesetzen) oder auf irgendeine Art und Weise, die die Integrität oder Leistung des Dienstes oder seiner Komponenten stört oder unterbricht;
3.1.3. den Dienst modifizieren, anpassen oder hacken oder anderweitig zu versuchen, sich unberechtigten Zugang zum Dienst oder seinen zugehörigen Systemen oder Netzwerken zu verschaffen; oder
3.1.4. Inhalte auf anderen Websites oder in anderen Medien (z.B. in einer Netzwerkumgebung) verwenden.
3.2.	Sie sind verpflichtet, diese Nutzungsbedingungen, alle Gesetze und Vorschriften sowie alle Richtlinien oder sonstigen Hinweise einzuhalten, die RANDSTAD Ihnen in Verbindung mit dem Dienst zur Verfügung stellt oder veröffentlicht, und Sie sind verpflichtet, RANDSTAD unverzüglich zu benachrichtigen, wenn Sie von einer Sicherheitsverletzung im Zusammenhang mit dem Dienst erfahren. Darüber hinaus unterliegen Sie bei der Nutzung bestimmter Leistungen zusätzlichen Bedingungen, die für diese bestimmten Leistungen gelten und die von Zeit zu Zeit in Spotlight veröffentlicht werden.
3.3.	RANDSTAD behält sich das Recht vor, den Dienst ohne vorherige Ankündigung zu beenden, wenn Sie diese Bedingungen oder irgendwelche Gesetze und/oder Vorschriften nicht einhalten. Darüber hinaus ist RANDSTAD berechtigt, den Dienst zu beenden, wenn Sie den Dienst über einen Zeitraum von 24 Monaten nicht genutzt haben.
3.4.	Spotlight sowie jede andere von RANDSTAD in Verbindung mit dem Dienst zur Verfügung gestellte Software ("Software") enthält proprietäre und vertrauliche Informationen, die durch geltende Gesetze über geistiges Eigentum und andere Gesetze geschützt sind. Vorbehaltlich dieser Bedingungen gewährt Ihnen RANDSTAD hiermit ein persönliches, nicht übertragbares, nicht unterlizenzierbares und nicht exklusives Recht und die Lizenz, den Objektcode einer Software auf einem einzelnen Gerät ausschließlich in Verbindung mit dem Dienst zu verwenden, vorausgesetzt, Sie oder ein durch Sie beauftragter Dritter versuchen nicht, den Quellcode de Software zu ermitteln, zu kopieren, zu modifizieren, zu verwenden oder zu disassemblieren, um ein abgeleitetes Werk neu zu erstellen oder ein Recht an der Software zu verkaufen, zu gewähren, unterzulizenzieren oder anderweitig zu übertragen. Es wird Ihnen in Verbindung mit dem Dienst keine Lizenz oder kein Recht zur Nutzung einer Marke von RANDSTAD oder eines Dritten gewährt.
3.5.	Sie erklären sich damit einverstanden, auf den Dienst nur über die Schnittstelle zuzugreifen, die von RANDSTAD für den Zugriff auf den Dienst zur Verfügung gestellt wird.
3.6.	Sie sind allein verantwortlich für alle Daten, Informationen, Rückmeldungen, Vorschläge, Texte, Inhalte und andere Materialien, die Sie hochladen, veröffentlichen, liefern, bereitstellen oder anderweitig übertragen oder speichern (nachfolgend "übertragen) in Verbindung mit oder in Bezug auf den Dienst ("Ihre Inhalte"). Sie erklären und garantieren hiermit, dass Ihre Inhalte, die von Ihnen übertragen werden:
3.6.1. wahrheitsgemäß und vollständig sind (insbesondere Lebenslauf, biographische Daten und Beschäftigungsinformationen) und
3.6.2. frei von Bugs, Würmern oder Viren sind.
3.7.	RANDSTAD kann Ihre Inhalte, die sich als unrichtig erweisen, ohne vorherige Ankündigung entfernen. Es ist nicht gestattet, Nachrichten zu senden oder zu posten und/oder Material mit irreführenden, beleidigenden, diskriminierenden oder anderweitig rechtswidrigen Inhalten oder unangemessenen oder unnötig anstößigen Inhalten hochzuladen. RANDSTAD behält sich das Recht vor, solche Nachrichten und/oder Uploads nicht zu posten oder sie ohne vorherige Ankündigung zu entfernen.
3.8.	Sie sind verantwortlich für die Wahrung der Vertraulichkeit Ihres Passworts und Kontos und für alle Aktivitäten, die unter Ihrem Login oder Konto stattfinden. RANDSTAD behält sich das Recht vor, auf Ihr Konto zuzugreifen, um auf Ihre Anfragen nach technischer Unterstützung zu antworten. RANDSTAD ergreift Sicherheitsmaßnahmen, um den unbefugten Zugang zu und die unbefugte Nutzung von Daten im Dienst zu verhindern. Sie sollten sich dennoch darüber im Klaren sein, dass es unmöglich ist, eine unbefugte und/oder unrechtmäßige Nutzung Ihrer Daten oder eine unbeabsichtigte Verschlechterung oder einen unbeabsichtigten Verlust vollständig auszuschließen.
3.9.	Sie nehmen zur Kenntnis, dass der Betrieb des Dienstes, einschließlich Ihrer Inhalte, unverschlüsselt erfolgen kann bei:
- Übertragungen über verschiedene Netzwerke;
- Änderungen zur Konformität und Anpassung an die technischen Anforderungen der verbindenden Netzwerke oder Geräte;
- Übertragungen an Drittanbieter und Hosting-Partner von RANDSTAD, um die notwendige Hardware, Software, Netzwerk-, Speicher- und verwandte Technologie bereitzustellen, die für den Betrieb und die Wartung des Dienstes erforderlich ist, und;
- die Übertragung an andere Dritte in Verbindung mit der Bereitstellung des Dienstes für Sie.
3.10.	Wenn Sie auf der Suche nach einem Arbeitsplatz oder einer Karriereentwicklung sind, erklären Sie sich ferner damit einverstanden, bei der Verwaltung von Stellenangeboten und anderen Informationen, die durch den Dienst angeboten oder durch diesen beschafft werden, Ihr eigenes Urteilsvermögen, Ihre Vorsicht und Ihren gesunden Menschenverstand walten zu lassen und dass Sie das alleinige Risiko des Vertrauens in oder der Nutzung von Inhalten (einschließlich aller Stellenangebote oder Karriereratschläge oder -empfehlungen), die durch den Dienst bereitgestellt werden, tragen.
3.11.	Ihnen ist bekannt, dass ein Kunde von RANDSTAD RANDSTAD beauftragen kann, die gegenwärtigen und/oder ehemaligen Mitarbeiter des Kunden bei der Suche nach einer Beschäftigung zu unterstützen ("Kundenauftrag"). Wenn Sie die Dienstleistungen im Rahmen eines solchen Kundenauftrags in Anspruch nehmen, kann RANDSTAD dem Kunden Fortschrittsberichte und andere Informationen zur Verfügung stellen, die Sie identifizieren und den Status Ihrer Nutzung der Dienstleistung, den Umfang Ihrer Nutzung der Dienstleistung, Ihren Meilenstein-Fortschritt und Status bei der Arbeitssuche, Ihre Zufriedenheit oder anderes Feedback in Bezug auf die Dienstleistung, einzeln oder in aggregierter Form, angeben. Weitere Informationen zur Erfassung, Verwendung und Weitergabe von Informationen, die Sie und Ihr (ehemaliger) Arbeitgeber im Zusammenhang mit Kundenaufträgen zur Verfügung stellen, finden Sie in der Datenschutzerklärung für Randstad RiseSmart (Outplacement, Karriereberatung, Redeployment).
3.12.	Sie erklären sich damit einverstanden, dass RANDSTAD:
- allgemeine Bedingungen bezüglich der Nutzung des Dienstes festlegen kann, einschließlich, aber nicht beschränkt auf die maximale Zeitspanne, während der Inhalte oder irgendwelche Ihrer Inhalte aufbewahrt werden und den maximalen Speicherplatz, der Ihrem Konto zugeteilt wird,
- nicht verantwortlich oder haftbar ist für die Löschung oder das Versäumnis, einen Inhalt oder einen Ihrer Inhalte zu speichern, der von dem Dienst verwaltet oder auf den Dienst hochgeladen wird
- den Inhalt und alle Ihre Inhalte aufbewahren und den Inhalt und Ihre Inhalte offenlegen kann, wenn dies gesetzlich oder durch das Gesetz verlangt wird:
- diese Bedingungen durchsetzt;
- auf Behauptungen reagiert, dass ein Inhalt oder einer Ihrer Inhalte die Rechte Dritter verletzt.
3.13.	Beendigung
Mit Beendigung des zwischen Ihnen und RANDSTAD geschlossenen Vertrages oder im Falle einer separaten Kündigung Ihres Kontos haben Sie Zugriff auf die "Alumni-Version" von Spotlight und Sie können auf Ihren Account für einen unbegrenzten Zeitraum zugreifen. Ihre personenbezogenen Teilnehmerdaten werden für die Dauer von drei Jahren beginnend mit dem Ende des Kalenderjahres, in dem der Vertrag endet oder Ihr Konto von Ihnen gekündigt wurde, von RANDSTAD gespeichert. Ihre Daten werden danach zeitnah gelöscht.
3.14.	RANDSTAD behält sich das Recht vor:
3.14.1. den Dienst (oder einen Teil davon) vorübergehend oder dauerhaft zu ändern oder einzustellen und
3.14.2. jegliche gegenwärtige und zukünftige Nutzung des Dienstes zu verweigern, Ihr Konto (oder einen Teil davon) oder die Nutzung des Dienstes zu sperren oder zu beenden und jeglichen Ihrer Inhalte im Dienst zu entfernen und zu verwerfen, wenn Sie gegen diese Bedingungen verstoßen haben und trotz vorheriger Abmahnung durch RANDSTAD weiterhin gegen diese Bedingungen verstoßen.
3.15.	den Dienst anzupassen, z.B. im Zusammenhang mit technologischen Entwicklungen. Dabei können bestehende Funktionalitäten angepasst, ergänzt oder gelöscht werden. Soweit möglich, wird RANDSTAD Sie im Voraus über alle Änderungen informieren, die einen wesentlichen Einfluss auf Ihre Nutzung des Dienstes haben.
3.16.	RANDSTAD wird angemessene Maßnahmen ergreifen, die Verfügbarkeit und Qualität des Dienstes zu gewährleisten. RANDSTAD ist ausdrücklich nicht verantwortlich für Ausfälle oder eingeschränkte Verfügbarkeit des Dienstes aufgrund höherer Gewalt (einschließlich Ausfällen im Internet, Hacking, Denial-of-Service-Angriffe) und/oder Handlungen oder Unterlassungen von Ihnen selbst oder von Ihnen eingeschalteten Dritten und schließt diesbezüglich jegliche Haftung aus.
3.17.	Links zu anderen Websites.
3.18.	Der Dienst kann Links zu anderen Websites enthalten. Diese Links werden Ihnen nur als Dienstleistung zur Verfügung gestellt. Dies bedeutet nicht, dass der Inhalt auf den Websites Dritter von RANDSTAD genehmigt wurde. RANDSTAD ist nicht verantwortlich für den Inhalt verlinkter Websites Dritter und gibt keine Zusicherungen bezüglich des Inhalts oder der Genauigkeit der Materialien auf diesen Websites Dritter ab. Der Zugriff auf verlinkte Websites Dritter erfolgt auf Ihr eigenes Risiko.
3.19.	Mobile Geräte.
3.20.	Durch die Nutzung des Dienstes auf einem mobilen Gerät stimmen Sie zu, dass Informationen über Ihre Nutzung des Dienstes mit RANDSTAD über Ihr mobiles Gerät und Ihren Provider, einschließlich Ihres Netzbetreibers, Ihres mobilen Geräts und Ihres physischen Standorts, ausgetauscht werden können. Darüber hinaus kann die Nutzung des Dienstes auf einem mobilen Gerät dazu führen, dass Daten auf und über Ihr mobiles Gerät angezeigt werden. Durch den Zugriff auf den Dienst von einem mobilen Gerät aus erklären Sie, dass Sie, wenn Sie RANDSTAD-Daten auf Ihr mobiles Gerät importieren, die Berechtigung haben, die übertragenen Daten mit Ihrem mobilen Dienstanbieter oder einem anderen Dienstanbieter gemeinsam zu nutzen. Wenn Sie Ihr mobiles Gerät / Ihr Konto ändern oder deaktivieren, müssen Sie sicherstellen, dass andere Personen keinen Zugriff auf Ihr Konto (und ggf. auf zugehörige Nachrichten) haben. Sie sind für die Unterlassung von solchen Handlungen verantwortlich. Sie erkennen an, dass Sie für alle Kosten und Genehmigungen verantwortlich sind, die für den Zugriff auf den Dienst über Ihr mobiles Gerät und Ihren Provider erforderlich sind. Durch die Verwendung einer herunterladbaren Anwendung zur Nutzung des Dienstes erkennen Sie ausdrücklich an, dass Sie die Bedingungen der Endbenutzer-Lizenzvereinbarung für die Anwendung akzeptieren, die während des Herunterladens oder der Installation angezeigt werden können und die sich von Zeit zu Zeit ändern können.
3.21.	Haftung.
Die Haftung von RANDSTAD aus diesem Vertrag sowie aus jedem Rechtsgrund (insbesondere gemäß §§ 280 ff. BGB oder wegen Rechten bei Mängeln oder unerlaubten Handlungen) ist auf Vorsatz, grobe Fahrlässigkeit, die fahrlässige Verletzung vertragswesentlicher Pflichten sowie auf Fälle der Verletzung des Körpers, des Lebens oder der Gesundheit beschränkt. Eine verschuldensunabhängige Haftung sowie die Haftung für Fahrlässigkeit im Übrigen ist ausgeschlossen.
Soweit die Haftung von RANDSTAD nicht ausgeschlossen ist, ist sie pro Kalenderjahr für alle Schadensfälle unabhängig von der Anzahl der Schadensfälle, die in diesem Kalenderjahr eintreten, insgesamt auf die Höhe der für den Dienst bezahlten Summe beschränkt. RANDSTAD haftet nicht für Folgeschäden (insbesondere nicht für entgangenen Gewinn, Finanzierungsaufwendungen, Produktionsstillstand). Eine Übertragung nicht in Anspruch genommener Haftungsbeträge auf nachfolgende Kalenderjahre ist nicht möglich.
Fälle zwingender gesetzlicher Haftung (bspw. bei Vorsatz) bleiben von diesen Vorschriften unberührt.
Die Haftung von RANDSTAD ist ausgeschlossen, sofern nicht innerhalb von 12 Kalendermonaten nach Schadeneintritt eine schriftliche Anmeldung des Schadensersatzanspruchs und – im Falle der Ablehnung durch RANDSTAD – innerhalb von einem Kalendermonat eine gerichtliche Geltendmachung erfolgt (Ausschlussfrist).
3.22.	Schadloshaltung.
3.23.	Sie sind verpflichtet, RANDSTAD zu verteidigen, zu entschädigen und schadlos zu halten von allen und gegen alle Ansprüche, Klagen oder Forderungen, einschließlich angemessener Rechtsverfolgungskosten, die sich aus Ihrem Verstoß gegen diese Bedingungen, Ihren Inhalten oder Ihrem Zugang, Beitrag, Ihrer Nutzung oder Ihrem Missbrauch des Dienstes ergeben oder daraus resultieren.
3.24.	Geltendes Recht.
3.25.	Diese Bedingungen und Konditionen unterliegen dem Recht der Bundesrepublik Deutschland unter Ausschluss des deutschen internationalen Privatrechts.
3.26.	Apple-aktivierte Software-Anwendungen.
3.27.	Randstad bietet Softwareanwendungen an, die dazu bestimmt sind, in Verbindung mit Produkten betrieben zu werden, die von Apple Inc. kommerziell verfügbar gemacht werden. ("Apple") neben anderen Plattformen kommerziell verfügbar gemacht werden. In Bezug auf Software, die Ihnen in Verbindung mit einem Produkt der Marke Apple zur Verfügung gestellt wird (solche Software, "Apple-fähige Software"), erkennt RANDSTAD an, dass diese Bedingungen nur zwischen RANDSTAD und Ihnen und nicht mit Apple vereinbart werden. Wenn Sie Fragen, Beschwerden oder Schadenersatzforderungen im Zusammenhang mit der Apple-kompatiblen Software haben, können Sie diese wie folgt an RANDSTAD richten:
United States of America
3.28. Sie und RANDSTAD erkennen an und erklären sich damit einverstanden, dass Apple und seine Tochtergesellschaften Drittbegünstigte dieser Bedingungen in Bezug auf die Apple-kompatible Software sind und Apple aufgrund Ihrer Zustimmung zu den Bestimmungen dieser Bedingungen das Recht hat (akzeptiert), in seiner Eigenschaft als Drittbegünstigter diese Bedingungen in Bezug auf Apple-kompatible Software gegen Sie durchzusetzen.
3.29.	Datenschutz.
Vertrauliche Informationen, einschließlich personenbezogener Daten, werden durch den Dienst und bei der Erstellung eines Accounts für den Dienst verarbeitet. RANDSTAD wird Ihre persönlichen Daten vertraulich behandeln. Weitere Informationen finden Sie in der Datenschutzerklärung für Randstad Risesmart (Outplacement, Karriereberatung, Redeployment).
Terms and Conditions (Insight)
Effective June 1st 2022
DownloadTable of Contents
NUTZUNGSBEDINGUNGEN
Insight
INSIGHT ist ein online-basiertes Software-Tool, das Sie im Rahmen der Outplacement-/Karriere-/Redeployment-Beratung/des Worklife Coachings von RANDSTAD RISESMART unterstützt und Ihnen zahlreiche Funktionalitäten bietet. So können Sie unter anderem Mitarbeiter für die Outplacement-/Karriere-/Redeployment-Beratung/das Worklife Coaching vorsehen oder den Fortschritt dieser abfragen und auswerten. Die Implementierung erfolgt durch einen von RANDSTAD RISESMART beauftragten Dritten. Sie haben das nicht-exklusive, beschränkte Recht auf INSIGHT gemäß den nachstehenden Bedingungen zuzugreifen.
1.	Akzeptieren der Bedingungen
1.1.	In Deutschland wird Ihnen Insight von Randstad RiseSmart GmbH („RANDSTAD RISESMART“) angeboten. RANDSTAD RISESMART bietet Ihnen Insight unter diesen Nutzungsbedingungen ("Bedingungen") zur Nutzung an. Indem Sie diese Bedingungen akzeptieren oder auf Insight zugreifen oder Insight nutzen, bestätigen Sie, dass Sie diese Bedingungen gelesen und verstanden haben und erklären sich damit einverstanden, an sie gebunden zu sein. Wenn Sie mit diesen Bedingungen nicht einverstanden sind, dürfen Sie Insight nicht nutzen.
1.2.	RANDSTAD RISESMART kann diese Bedingungen jederzeit und ohne Vorankündigung ändern. Die geänderten Nutzungsbedingungen treten in Kraft, sobald sie Ihnen zur Kenntnis gebracht werden. Dies geschieht, wenn Sie sich in INSIGHT mit den Ihnen zur Verfügung gestellten Zugangsdaten anmelden. Wenn Sie danach INSIGHT benutzen, stellt Ihre Nutzung die Annahme der geänderten Bedingungen dar.
2.	Definition Dienst
2.1.	Der Begriff "Dienst" umfasst (a) die Applikation Insight, (b) die darin enthaltenen Dienste (einschließlich Dateiverwaltungs- und Analysedienste) sowie verwandte Technologien und Anwendungen (einschließlich, aber nicht beschränkt auf Anwendungen und Dienste, auf die Sie über eine mobile oder andere Schnittstelle zugreifen können, die Ihnen den Zugriff auf solche Anwendungen und Dienste ermöglicht), und (c) alle sonstige enthaltene Software, Materialien, Portale, Empfehlungen, Daten, Berichte, Texte, Bilder, Töne, Videos, Analysen und andere Inhalte (zusammenfassend als "Inhalt" bezeichnet). Alle neuen Funktionen, die dem Dienst hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls diesen Bedingungen.
3.	Allgemeine Nutzungsbedingungen/Lizenz
3.1.	Im Rahmen dieser Bedingungen dürfen Sie auf den Dienst nur für rechtmäßige Zwecke zugreifen und ihn nutzen. Alle Rechte am Dienst und seinen Komponenten verbleiben bei RANDSTAD RISESMART und gehören ausschließlich RANDSTAD RISESMART. Sie dürfen nicht (und dürfen dies auch Dritten nicht gestatten):
3.1.1. den Dienst kopieren, reproduzieren, modifizieren, löschen, verteilen, herunterladen, speichern, übertragen, veröffentlichen, ein davon abgeleitetes Werk erstellen, zurückentwickeln, reassemblieren oder anderweitig direkt oder indirekt versuchen, den Quellcode des Dienstes zu ermitteln, ihn zu verkaufen, unterzulizenzieren, weiterzuverkaufen, zu vermieten, zu verpachten, zu übertragen, abzutreten oder den Dienst anderweitig kommerziell zu verwerten oder Dritten zur Verfügung zu stellen;
3.1.2. den Dienst auf irgendeine ungesetzliche Art und Weise nutzen (einschließlich, aber nicht beschränkt auf die Verletzung von Daten-, Datenschutz- oder Exportkontrollgesetzen) oder auf irgendeine Art und Weise, die die Integrität oder Leistung des Dienstes oder seiner Komponenten stört oder unterbricht;
3.1.3. den Dienst modifizieren, anpassen oder hacken oder anderweitig zu versuchen, sich unberechtigten Zugang zum Dienst oder seinen zugehörigen Systemen oder Netzwerken zu verschaffen; oder
3.1.4. Inhalte auf anderen Websites oder in anderen Medien (z.B. in einer Netzwerkumgebung) verwenden.
3.2.	Sie sind verpflichtet, diese Nutzungsbedingungen, alle Gesetze und Vorschriften sowie alle Richtlinien oder sonstigen Hinweise einzuhalten, die RANDSTAD RISESMART Ihnen in Verbindung mit dem Dienst zur Verfügung stellt oder veröffentlicht, und Sie sind verpflichtet, RANDSTAD RISESMART unverzüglich zu benachrichtigen, wenn Sie von einer Verletzung von Gesetzen und Vorschriften im Zusammenhang mit dem Dienst erfahren. Darüber hinaus unterliegen Sie bei der Nutzung bestimmter Leistungen zusätzlichen Bedingungen, die für diese bestimmten Leistungen gelten und die von Zeit zu Zeit in Insight veröffentlicht werden.
3.3.	RANDSTAD RISESMART behält sich das Recht vor, den Dienst ohne vorherige Ankündigung zu beenden, wenn Sie diese Bedingungen oder irgendwelche Gesetze und/oder Vorschriften nicht einhalten. Darüber hinaus ist RANDSTAD RISESMART berechtigt, den Dienst zu beenden, wenn Sie den Dienst über einen Zeitraum von 24 Monaten nicht genutzt haben.
3.4.	Insight sowie jede andere von RANDSTAD RISESMART in Verbindung mit dem Dienst zur Verfügung gestellte Software ("Software") enthält Informationen, die durch geltende Gesetze über geistiges Eigentum und andere Gesetze geschützt sind.
Vorbehaltlich dieser Bedingungen gewährt Ihnen RANDSTAD RISESMART hiermit ein persönliches, nicht übertragbares, nicht unterlizenzierbares und nicht exklusives Recht und die Lizenz, den Objektcode der Software auf einem einzelnen Gerät ausschließlich in Verbindung mit dem Dienst zu verwenden, vorausgesetzt, Sie oder ein durch Sie beauftragter Dritter versuchen nicht, den Quellcode der Software zu ermitteln, zu kopieren, zu modifizieren, zu verwenden oder zu disassemblieren, um ein abgeleitetes Werk neu zu erstellen oder ein Recht an der Software zu verkaufen, zu gewähren, unterzulizenzieren oder anderweitig zu übertragen. Es wird Ihnen in Verbindung mit dem Dienst keine Lizenz oder kein Recht zur Nutzung einer Marke von RANDSTAD RISESMART oder eines Dritten gewährt.
3.5.	Sie erklären sich damit einverstanden, auf den Dienst nur über die Schnittstelle zuzugreifen, die von RANDSTAD RISESMART für den Zugriff auf den Dienst zur Verfügung gestellt wird und die ihnen bzw. den von Ihnen benannten Nutzern zugeordneten Nutzungs- und Zugangsberechtigungen sowie Identifikations- und Authentifikations-Sicherungen vor dem Zugriff durch Dritte schützen und nicht an unberechtigte Nutzer weitergeben.
3.6.	Sie sind verantwortlich für alle Daten, Informationen, Rückmeldungen, Vorschläge, Texte, Inhalte und andere Materialien, die Sie hochladen, veröffentlichen, liefern, bereitstellen oder anderweitig übertragen oder speichern (nachfolgend "übertragen) in Verbindung mit oder in Bezug auf den Dienst ("Ihre Inhalte"). Sie erklären und garantieren hiermit, dass Ihre Inhalte, die von Ihnen übertragen werden:
3.6.1. wahrheitsgemäß und vollständig sind (insbesondere Lebenslauf, biographische Daten und Beschäftigungsinformationen) und
3.6.2. frei von Bugs, Würmern oder Viren sind.
3.7.	RANDSTAD RISESMART kann Ihre Inhalte, die sich als unrichtig erweisen, ohne vorherige Ankündigung entfernen. Es ist nicht gestattet, Nachrichten zu senden oder zu posten und/oder Material mit irreführenden, beleidigenden, diskriminierenden oder anderweitig rechtswidrigen Inhalten oder unangemessenen oder unnötig anstößigen Inhalten hochzuladen. RANDSTAD RISESMART behält sich das Recht vor, solche Nachrichten und/oder Uploads nicht zu posten oder sie ohne vorherige Ankündigung zu entfernen.
3.8.	RANDSTAD RISESMART behält sich das Recht vor, auf Ihr Nutzerkonto zuzugreifen, um auf Ihre Anfragen nach technischer Unterstützung zu antworten. RANDSTAD RISESMART ergreift Sicherheitsmaßnahmen, um den unbefugten Zugang zu und die unbefugte Nutzung von Daten im Dienst zu verhindern.
3.9.	Sie nehmen zur Kenntnis, dass der Betrieb des Dienstes, einschließlich Ihrer Inhalte, unverschlüsselt erfolgen kann bei:
- Übertragungen über verschiedene Netzwerke;
- Änderungen zur Konformität und Anpassung an die technischen Anforderungen der verbindenden Netzwerke oder Geräte;
- Übertragungen an Drittanbieter und Hosting-Partner von RANDSTAD RISESMART, um die notwendige Hardware, Software, Netzwerk-, Speicher- und verwandte Technologie bereitzustellen, die für den Betrieb und die Wartung des Dienstes erforderlich ist, und;
- die Übertragung an andere Dritte in Verbindung mit der Bereitstellung des Dienstes für Sie.
3.10.	Sie erklären sich damit einverstanden, dass RANDSTAD RISESMART:
- allgemeine Bedingungen bezüglich der Nutzung des Dienstes festlegen kann, einschließlich, aber nicht beschränkt auf die maximale Zeitspanne, während der Inhalte oder irgendwelche Ihrer Inhalte aufbewahrt werden und den maximalen Speicherplatz, der Ihrem Konto zugeteilt wird,
- nicht verantwortlich oder haftbar ist für die Löschung oder das Versäumnis, einen Inhalt oder einen Ihrer Inhalte zu speichern, der von dem Dienst verwaltet oder auf den Dienst hochgeladen wird
- den Inhalt und alle Ihre Inhalte aufbewahren und den Inhalt und Ihre Inhalte offenlegen kann, wenn dies gesetzlich oder durch das Gesetz verlangt wird:
- diese Bedingungen durchsetzt;
- auf Behauptungen reagiert, dass ein Inhalt oder einer Ihrer Inhalte die Rechte Dritter verletzt.
3.11.	Beendigung
Mit Beendigung des zwischen Ihnen und RANDSTAD RISESMART geschlossenen Vertrages endet der Zugriff auf Insight. Ihre Daten werden danach zeitnah gelöscht.
3.12.	RANDSTAD RISESMART behält sich das Recht vor:
3.12.1. den Dienst (oder einen Teil davon) vorübergehend oder dauerhaft zu ändern oder einzustellen und
3.12.2. jegliche gegenwärtige und zukünftige Nutzung des Dienstes zu verweigern, Ihr Nutzerkonto (oder einen Teil davon) oder die Nutzung des Dienstes zu sperren oder zu beenden und jeglichen Ihrer Inhalte im Dienst zu entfernen und zu verwerfen, wenn Sie gegen diese Bedingungen verstoßen haben und trotz vorheriger Abmahnung durch RANDSTAD RISESMART weiterhin gegen diese Bedingungen verstoßen.
3.13.	den Dienst anzupassen, z.B. im Zusammenhang mit technologischen Entwicklungen. Dabei können bestehende Funktionalitäten angepasst, ergänzt oder gelöscht werden. Soweit möglich, wird RANDSTAD RISESMART Sie im Voraus über alle Änderungen informieren, die einen wesentlichen Einfluss auf Ihre Nutzung des Dienstes haben.
3.14.	RANDSTAD RISESMART wird angemessene Maßnahmen ergreifen, die Verfügbarkeit und Qualität des Dienstes zu gewährleisten. RANDSTAD RISESMART ist ausdrücklich nicht verantwortlich für Ausfälle oder eingeschränkte Verfügbarkeit des Dienstes aufgrund höherer Gewalt (einschließlich Ausfällen im Internet, Hacking, Denial-of-Service-Angriffe) und/oder Handlungen oder Unterlassungen von Ihnen selbst oder von Ihnen eingeschalteten Dritten und schließt diesbezüglich jegliche Haftung aus.
3.15.	Haftung von RANDSTAD RISESMART
Die Haftung von RANDSTAD RISESMART aus diesem Vertrag sowie aus jedem Rechtsgrund (insbesondere gemäß §§ 280 ff. BGB oder wegen Rechten bei Mängeln oder unerlaubten Handlungen) ist auf Vorsatz, grobe Fahrlässigkeit, die fahrlässige Verletzung vertragswesentlicher Pflichten sowie auf Fälle der Verletzung des Körpers, des Lebens oder der Gesundheit beschränkt. Eine verschuldensunabhängige Haftung sowie die Haftung für Fahrlässigkeit im Übrigen ist ausgeschlossen.
Soweit die Haftung von RANDSTAD RISESMART nicht ausgeschlossen ist, ist sie pro Kalenderjahr für alle Schadensfälle unabhängig von der Anzahl der Schadensfälle, die in diesem Kalenderjahr eintreten, insgesamt auf die Höhe der für den Dienst bezahlten Summe beschränkt. RANDSTAD RISESMART haftet nicht für Folgeschäden (insbesondere nicht für entgangenen Gewinn, Finanzierungsaufwendungen, Produktionsstillstand). Eine Übertragung nicht in Anspruch genommener Haftungsbeträge auf nachfolgende Kalenderjahre ist nicht möglich.
Fälle zwingender gesetzlicher Haftung (bspw. bei Vorsatz) bleiben von diesen Vorschriften unberührt.
Die Haftung von RANDSTAD RISESMART ist ausgeschlossen, sofern nicht innerhalb von 12 Kalendermonaten nach Schadenseintritt eine schriftliche Anmeldung des Schadensersatzanspruchs und – im Falle der Ablehnung durch RANDSTAD RISESMART – innerhalb von einem Kalendermonat eine gerichtliche Geltendmachung erfolgt (Ausschlussfrist).
3.16.	Schadloshaltung
Sie sind verpflichtet, RANDSTAD RISESMART zu verteidigen, zu entschädigen und schadlos zu halten von allen und gegen alle Ansprüche, Klagen oder Forderungen, einschließlich angemessener Rechtsverfolgungskosten, die sich aus Ihrem Verstoß gegen diese Bedingungen, Ihren Inhalten oder Ihrem Zugang, Beitrag, Ihrer Nutzung oder Ihrem Missbrauch des Dienstes ergeben oder daraus resultieren. Für das Verhalten Ihrer Mitarbeiter, freien Mitarbeiter und sonstigen Personen, denen Sie Zugang zu Insight gewähren, haften Sie wie für eigenes Verhalten.
3.17.	Geltendes Recht.
Diese Bedingungen und Konditionen unterliegen dem Recht der Bundesrepublik Deutschland unter Ausschluss des deutschen internationalen Privatrechts.
3.18.	Apple-aktivierte Software-Anwendungen.
RANDSTAD RISESMART bietet Softwareanwendungen an, die dazu bestimmt sind, in Verbindung mit Produkten betrieben zu werden, die von Apple Inc. ("Apple") neben anderen Plattformen kommerziell verfügbar gemacht werden. In Bezug auf Software, die Ihnen in Verbindung mit einem Produkt der Marke Apple zur Verfügung gestellt wird (solche Software, "Apple-fähige Software"), erkennt RANDSTAD RISESMART an, dass diese Bedingungen nur zwischen RANDSTAD RISESMART und Ihnen und nicht mit Apple vereinbart werden. Wenn Sie Fragen, Beschwerden oder Schadenersatzforderungen im Zusammenhang mit der Apple-kompatiblen Software haben, können Sie diese wie folgt an RANDSTAD RISESMART richten:
United States of America
Sie und RANDSTAD RISESMART erkennen an und erklären sich damit einverstanden, dass Apple und seine Tochtergesellschaften Drittbegünstigte dieser Bedingungen in Bezug auf die Apple-kompatible Software sind und Apple aufgrund Ihrer Zustimmung zu den Bestimmungen dieser Bedingungen das Recht hat (akzeptiert), in seiner Eigenschaft als Drittbegünstigter diese Bedingungen in Bezug auf Apple-kompatible Software gegen Sie durchzusetzen.
3.19.	Datenschutz.
Vertrauliche Informationen, einschließlich personenbezogener Daten, werden durch den Dienst und bei der Erstellung eines Accounts für den Dienst verarbeitet. RANDSTAD RISESMART wird Ihre persönlichen Daten vertraulich behandeln. Weitere Informationen finden Sie in der Datenschutzerklärung für RANDSTAD RISESMART (Outplacement-, Karriere-, Redeployment-Beratung, Worklife Coaching).
Stand: Juni 2022
Effective October 6th 2021 to June 1st 2022
DownloadTable of Contents
NUTZUNGSBEDINGUNGEN
Insight
INSIGHT ist ein online-basiertes Software-Tool, das Sie im Rahmen der Outplacement-/Redeployment-Beratung von MÜHLENHOFF unterstützt und Ihnen zahlreiche Funktionalitäten bietet. So können Sie unter anderem Mitarbeiter für die Outplacementberatung vorsehen oder den Fortschritt der Outplacementberatung abfragen und auswerten. Die Implementierung erfolgt durch einen von MÜHLENHOFF beauftragten Dritten. Sie haben das nicht-exklusive, beschränkte Recht auf INSIGHT gemäß den nachstehenden Bedingungen zuzugreifen.
1.	Akzeptieren der Bedingungen
1.1.	In Deutschland wird Ihnen Insight von Mühlenhoff + Partner GmbH („ MÜHLENHOFF“) angeboten. MÜHLENHOFF bietet Ihnen Insight unter diesen Nutzungsbedingungen ("Bedingungen") zur Nutzung an. Indem Sie diese Bedingungen akzeptieren oder auf Insight zugreifen oder Insight nutzen, bestätigen Sie, dass Sie diese Bedingungen gelesen und verstanden haben und erklären sich damit einverstanden, an sie gebunden zu sein. Wenn Sie mit diesen Bedingungen nicht einverstanden sind, dürfen Sie Insight nicht nutzen.
1.2.	MÜHLENHOFF kann diese Bedingungen jederzeit und ohne Vorankündigung ändern. Die geänderten Nutzungsbedingungen treten in Kraft, sobald sie Ihnen zur Kenntnis gebracht werden. Dies geschieht, wenn Sie sich in INSIGHT mit den Ihnen zur Verfügung gestellten Zugangsdaten anmelden. Wenn Sie danach INSIGHT benutzen, stellt Ihre Nutzung die Annahme der geänderten Bedingungen dar.
2.	Definition Dienst
2.1.	Der Begriff "Dienst" umfasst (a) die Applikation Insight, (b) die darin enthaltenen Dienste (einschließlich Dateiverwaltungs- und Analysedienste) sowie verwandte Technologien und Anwendungen (einschließlich, aber nicht beschränkt auf Anwendungen und Dienste, auf die Sie über eine mobile oder andere Schnittstelle zugreifen können, die Ihnen den Zugriff auf solche Anwendungen und Dienste ermöglicht), und (c) alle sonstige enthaltene Software, Materialien, Portale, Empfehlungen, Daten, Berichte, Texte, Bilder, Töne, Videos, Analysen und andere Inhalte (zusammenfassend als "Inhalt" bezeichnet). Alle neuen Funktionen, die dem Dienst hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls diesen Bedingungen.
3.	Allgemeine Nutzungsbedingungen/Lizenz
3.1.	Im Rahmen dieser Bedingungen dürfen Sie auf den Dienst nur für rechtmäßige Zwecke zugreifen und ihn nutzen. Alle Rechte am Dienst und seinen Komponenten verbleiben bei MÜHLENHOFF und gehören ausschließlich MÜHLENHOFF. Sie dürfen nicht (und dürfen dies auch Dritten nicht gestatten):
3.1.1. den Dienst kopieren, reproduzieren, modifizieren, löschen, verteilen, herunterladen, speichern, übertragen, veröffentlichen, ein davon abgeleitetes Werk erstellen, zurückentwickeln, reassemblieren oder anderweitig direkt oder indirekt versuchen, den Quellcode des Dienstes zu ermitteln, ihn zu verkaufen, unterzulizenzieren, weiterzuverkaufen, zu vermieten, zu verpachten, zu übertragen, abzutreten oder den Dienst anderweitig kommerziell zu verwerten oder Dritten zur Verfügung zu stellen;
3.1.2. den Dienst auf irgendeine ungesetzliche Art und Weise nutzen (einschließlich, aber nicht beschränkt auf die Verletzung von Daten-, Datenschutz- oder Exportkontrollgesetzen) oder auf irgendeine Art und Weise, die die Integrität oder Leistung des Dienstes oder seiner Komponenten stört oder unterbricht;
3.1.3. den Dienst modifizieren, anpassen oder hacken oder anderweitig zu versuchen, sich unberechtigten Zugang zum Dienst oder seinen zugehörigen Systemen oder Netzwerken zu verschaffen; oder
3.1.4. Inhalte auf anderen Websites oder in anderen Medien (z.B. in einer Netzwerkumgebung) verwenden.
3.2.	Sie sind verpflichtet, diese Nutzungsbedingungen, alle Gesetze und Vorschriften sowie alle Richtlinien oder sonstigen Hinweise einzuhalten, die MÜHLENHOFF Ihnen in Verbindung mit dem Dienst zur Verfügung stellt oder veröffentlicht, und Sie sind verpflichtet, MÜHLENHOFF unverzüglich zu benachrichtigen, wenn Sie von einer Verletzung von Gesetzen und Vorschriften im Zusammenhang mit dem Dienst erfahren. Darüber hinaus unterliegen Sie bei der Nutzung bestimmter Leistungen zusätzlichen Bedingungen, die für diese bestimmten Leistungen gelten und die von Zeit zu Zeit in Insight veröffentlicht werden.
3.3.	MÜHLENHOFF behält sich das Recht vor, den Dienst ohne vorherige Ankündigung zu beenden, wenn Sie diese Bedingungen oder irgendwelche Gesetze und/oder Vorschriften nicht einhalten. Darüber hinaus ist MÜHLENHOFF berechtigt, den Dienst zu beenden, wenn Sie den Dienst über einen Zeitraum von 24 Monaten nicht genutzt haben.
3.4.	Insight sowie jede andere von MÜHLENHOFF in Verbindung mit dem Dienst zur Verfügung gestellte Software ("Software") enthält Informationen, die durch geltende Gesetze über geistiges Eigentum und andere Gesetze geschützt sind.
Vorbehaltlich dieser Bedingungen gewährt Ihnen MÜHLENHOFF hiermit ein persönliches, nicht übertragbares, nicht unterlizenzierbares und nicht exklusives Recht und die Lizenz, den Objektcode der Software auf einem einzelnen Gerät ausschließlich in Verbindung mit dem Dienst zu verwenden, vorausgesetzt, Sie oder ein durch Sie beauftragter Dritter versuchen nicht, den Quellcode der Software zu ermitteln, zu kopieren, zu modifizieren, zu verwenden oder zu disassemblieren, um ein abgeleitetes Werk neu zu erstellen oder ein Recht an der Software zu verkaufen, zu gewähren, unterzulizenzieren oder anderweitig zu übertragen. Es wird Ihnen in Verbindung mit dem Dienst keine Lizenz oder kein Recht zur Nutzung einer Marke von MÜHLENHOFF oder eines Dritten gewährt.
3.5.	Sie erklären sich damit einverstanden, auf den Dienst nur über die Schnittstelle zuzugreifen, die von MÜHLENHOFF für den Zugriff auf den Dienst zur Verfügung gestellt wird und die ihnen bzw. den von Ihnen benannten Nutzern zugeordneten Nutzungs- und Zugangsberechtigungen sowie Identifikations- und Authentifikations-Sicherungen vor dem Zugriff durch Dritte schützen und nicht an unberechtigte Nutzer weitergeben.
3.6.	Sie sind verantwortlich für alle Daten, Informationen, Rückmeldungen, Vorschläge, Texte, Inhalte und andere Materialien, die Sie hochladen, veröffentlichen, liefern, bereitstellen oder anderweitig übertragen oder speichern (nachfolgend "übertragen) in Verbindung mit oder in Bezug auf den Dienst ("Ihre Inhalte"). Sie erklären und garantieren hiermit, dass Ihre Inhalte, die von Ihnen übertragen werden:
3.6.1. wahrheitsgemäß und vollständig sind (insbesondere Lebenslauf, biographische Daten und Beschäftigungsinformationen) und
3.6.2. frei von Bugs, Würmern oder Viren sind.
3.7.	MÜHLENHOFF kann Ihre Inhalte, die sich als unrichtig erweisen, ohne vorherige Ankündigung entfernen. Es ist nicht gestattet, Nachrichten zu senden oder zu posten und/oder Material mit irreführenden, beleidigenden, diskriminierenden oder anderweitig rechtswidrigen Inhalten oder unangemessenen oder unnötig anstößigen Inhalten hochzuladen. MÜHLENHOFF behält sich das Recht vor, solche Nachrichten und/oder Uploads nicht zu posten oder sie ohne vorherige Ankündigung zu entfernen.
3.8.	MÜHLENHOFF behält sich das Recht vor, auf Ihr Nutzerkonto zuzugreifen, um auf Ihre Anfragen nach technischer Unterstützung zu antworten. MÜHLENHOFF ergreift Sicherheitsmaßnahmen, um den unbefugten Zugang zu und die unbefugte Nutzung von Daten im Dienst zu verhindern.
3.9.	Sie nehmen zur Kenntnis, dass der Betrieb des Dienstes, einschließlich Ihrer Inhalte, unverschlüsselt erfolgen kann bei:
- Übertragungen über verschiedene Netzwerke;
- Änderungen zur Konformität und Anpassung an die technischen Anforderungen der verbindenden Netzwerke oder Geräte;
- Übertragungen an Drittanbieter und Hosting-Partner von MÜHLENHOFF, um die notwendige Hardware, Software, Netzwerk-, Speicher- und verwandte Technologie bereitzustellen, die für den Betrieb und die Wartung des Dienstes erforderlich ist, und;
- die Übertragung an andere Dritte in Verbindung mit der Bereitstellung des Dienstes für Sie.
3.10.	Sie erklären sich damit einverstanden, dass MÜHLENHOFF:
- allgemeine Bedingungen bezüglich der Nutzung des Dienstes festlegen kann, einschließlich, aber nicht beschränkt auf die maximale Zeitspanne, während der Inhalte oder irgendwelche Ihrer Inhalte aufbewahrt werden und den maximalen Speicherplatz, der Ihrem Konto zugeteilt wird,
- nicht verantwortlich oder haftbar ist für die Löschung oder das Versäumnis, einen Inhalt oder einen Ihrer Inhalte zu speichern, der von dem Dienst verwaltet oder auf den Dienst hochgeladen wird
- den Inhalt und alle Ihre Inhalte aufbewahren und den Inhalt und Ihre Inhalte offenlegen kann, wenn dies gesetzlich oder durch das Gesetz verlangt wird:
- diese Bedingungen durchsetzt;
- auf Behauptungen reagiert, dass ein Inhalt oder einer Ihrer Inhalte die Rechte Dritter verletzt.
3.11.	Beendigung
Mit Beendigung des zwischen Ihnen und MÜHLENHOFF geschlossenen Vertrages endet der Zugriff auf Insight. Ihre Daten werden danach zeitnah gelöscht.
3.12.	MÜHLENHOFF behält sich das Recht vor:
3.12.1. den Dienst (oder einen Teil davon) vorübergehend oder dauerhaft zu ändern oder einzustellen und
3.12.2. jegliche gegenwärtige und zukünftige Nutzung des Dienstes zu verweigern, Ihr Nutzerkonto (oder einen Teil davon) oder die Nutzung des Dienstes zu sperren oder zu beenden und jeglichen Ihrer Inhalte im Dienst zu entfernen und zu verwerfen, wenn Sie gegen diese Bedingungen verstoßen haben und trotz vorheriger Abmahnung durch MÜHLENHOFF weiterhin gegen diese Bedingungen verstoßen.
3.13.	den Dienst anzupassen, z.B. im Zusammenhang mit technologischen Entwicklungen. Dabei können bestehende Funktionalitäten angepasst, ergänzt oder gelöscht werden. Soweit möglich, wird MÜHLENHOFF Sie im Voraus über alle Änderungen informieren, die einen wesentlichen Einfluss auf Ihre Nutzung des Dienstes haben.
3.14.	MÜHLENHOFF wird angemessene Maßnahmen ergreifen, die Verfügbarkeit und Qualität des Dienstes zu gewährleisten. MÜHLENHOFF ist ausdrücklich nicht verantwortlich für Ausfälle oder eingeschränkte Verfügbarkeit des Dienstes aufgrund höherer Gewalt (einschließlich Ausfällen im Internet, Hacking, Denial-of-Service-Angriffe) und/oder Handlungen oder Unterlassungen von Ihnen selbst oder von Ihnen eingeschalteten Dritten und schließt diesbezüglich jegliche Haftung aus.
3.15.	Haftung von MÜHLENHOFF
Die Haftung von MÜHLENHOFF aus diesem Vertrag sowie aus jedem Rechtsgrund (insbesondere gemäß §§ 280 ff. BGB oder wegen Rechten bei Mängeln oder unerlaubten Handlungen) ist auf Vorsatz, grobe Fahrlässigkeit, die fahrlässige Verletzung vertragswesentlicher Pflichten sowie auf Fälle der Verletzung des Körpers, des Lebens oder der Gesundheit beschränkt. Eine verschuldensunabhängige Haftung sowie die Haftung für Fahrlässigkeit im Übrigen ist ausgeschlossen.
Soweit die Haftung von MÜHLENHOFF nicht ausgeschlossen ist, ist sie pro Kalenderjahr für alle Schadensfälle unabhängig von der Anzahl der Schadensfälle, die in diesem Kalenderjahr eintreten, insgesamt auf die Höhe der für den Dienst bezahlten Summe beschränkt. MÜHLENHOFF haftet nicht für Folgeschäden (insbesondere nicht für entgangenen Gewinn, Finanzierungsaufwendungen, Produktionsstillstand). Eine Übertragung nicht in Anspruch genommener Haftungsbeträge auf nachfolgende Kalenderjahre ist nicht möglich.
Fälle zwingender gesetzlicher Haftung (bspw. bei Vorsatz) bleiben von diesen Vorschriften unberührt.
Die Haftung von MÜHLENHOFF ist ausgeschlossen, sofern nicht innerhalb von 12 Kalendermonaten nach Schadeneintritt eine schriftliche Anmeldung des Schadensersatzanspruchs und – im Falle der Ablehnung durch MÜHLENHOFF – innerhalb von einem Kalendermonat eine gerichtliche Geltendmachung erfolgt (Ausschlussfrist).
3.16.	Schadloshaltung
Sie sind verpflichtet, MÜHLENHOFF zu verteidigen, zu entschädigen und schadlos zu halten von allen und gegen alle Ansprüche, Klagen oder Forderungen, einschließlich angemessener Rechtsverfolgungskosten, die sich aus Ihrem Verstoß gegen diese Bedingungen, Ihren Inhalten oder Ihrem Zugang, Beitrag, Ihrer Nutzung oder Ihrem Missbrauch des Dienstes ergeben oder daraus resultieren. Für das Verhalten Ihrer Mitarbeiter, freien Mitarbeiter und sonstigen Personen, denen Sie Zugang zu Insight gewähren, haften Sie wie für eigenes Verhalten.
3.17.	Geltendes Recht.
Diese Bedingungen und Konditionen unterliegen dem Recht der Bundesrepublik Deutschland unter Ausschluss des deutschen internationalen Privatrechts.
3.18.	Apple-aktivierte Software-Anwendungen.
MÜHLENHOFF bietet Softwareanwendungen an, die dazu bestimmt sind, in Verbindung mit Produkten betrieben zu werden, die von Apple Inc. ("Apple") neben anderen Plattformen kommerziell verfügbar gemacht werden. In Bezug auf Software, die Ihnen in Verbindung mit einem Produkt der Marke Apple zur Verfügung gestellt wird (solche Software, "Apple-fähige Software"), erkennt MÜHLENHOFF an, dass diese Bedingungen nur zwischen MÜHLENHOFF und Ihnen und nicht mit Apple vereinbart werden. Wenn Sie Fragen, Beschwerden oder Schadenersatzforderungen im Zusammenhang mit der Apple-kompatiblen Software haben, können Sie diese wie folgt an MÜHLENHOFF richten:
United States of America
Sie und MÜHLENHOFF erkennen an und erklären sich damit einverstanden, dass Apple und seine Tochtergesellschaften Drittbegünstigte dieser Bedingungen in Bezug auf die Apple-kompatible Software sind und Apple aufgrund Ihrer Zustimmung zu den Bestimmungen dieser Bedingungen das Recht hat (akzeptiert), in seiner Eigenschaft als Drittbegünstigter diese Bedingungen in Bezug auf Apple-kompatible Software gegen Sie durchzusetzen.
3.19.	Datenschutz.
Vertrauliche Informationen, einschließlich personenbezogener Daten, werden durch den Dienst und bei der Erstellung eines Accounts für den Dienst verarbeitet. MÜHLENHOFF wird Ihre persönlichen Daten vertraulich behandeln. Weitere Informationen finden Sie in der Datenschutzerklärung für MÜHLENHOFF (Outplacement, Karriereberatung, Redeployment).
Effective September 2nd 2020 to October 6th 2021
DownloadTable of Contents
NUTZUNGSBEDINGUNGEN
Insight
INSIGHT ist ein online-basiertes Software-Tool, das Sie im Rahmen der Outplacement-/Redeployment-Beratung von RANDSTAD RISESMART unterstützt und Ihnen zahlreiche Funktionalitäten bietet. So können Sie unter anderem Mitarbeiter für die Outplacementberatung vorsehen oder den Fortschritt der Outplacementberatung abfragen und auswerten. Die Implementierung erfolgt durch einen von RANDSTAD beauftragten Dritten. Sie haben das nicht-exklusive, beschränkte Recht auf INSIGHT gemäß den nachstehenden Bedingungen zuzugreifen.
1.	Akzeptieren der Bedingungen
1.1.	In Deutschland wird Ihnen Insight von RANDSTAD Deutschland GmbH & Co. KG („RANDSTAD“) angeboten. RANDSTAD bietet Ihnen Insight unter diesen Nutzungsbedingungen ("Bedingungen") zur Nutzung an. Indem Sie diese Bedingungen akzeptieren oder auf Insight zugreifen oder Insight nutzen, bestätigen Sie, dass Sie diese Bedingungen gelesen und verstanden haben und erklären sich damit einverstanden, an sie gebunden zu sein. Wenn Sie mit diesen Bedingungen nicht einverstanden sind, dürfen Sie Insight nicht nutzen.
1.2.	RANDSTAD kann diese Bedingungen jederzeit und ohne Vorankündigung ändern. Die geänderten Nutzungsbedingungen treten in Kraft, sobald sie Ihnen zur Kenntnis gebracht werden. Dies geschieht, wenn Sie sich in INSIGHT mit den Ihnen zur Verfügung gestellten Zugangsdaten anmelden. Wenn Sie danach INSIGHT benutzen, stellt Ihre Nutzung die Annahme der geänderten Bedingungen dar.
2.	Definition Dienst
2.1.	Der Begriff "Dienst" umfasst (a) die Applikation Insight, (b) die darin enthaltenen Dienste (einschließlich Dateiverwaltungs- und Analysedienste) sowie verwandte Technologien und Anwendungen (einschließlich, aber nicht beschränkt auf Anwendungen und Dienste, auf die Sie über eine mobile oder andere Schnittstelle zugreifen können, die Ihnen den Zugriff auf solche Anwendungen und Dienste ermöglicht), und (c) alle sonstige enthaltene Software, Materialien, Portale, Empfehlungen, Daten, Berichte, Texte, Bilder, Töne, Videos, Analysen und andere Inhalte (zusammenfassend als "Inhalt" bezeichnet). Alle neuen Funktionen, die dem Dienst hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls diesen Bedingungen.
3.	Allgemeine Nutzungsbedingungen/Lizenz
3.1.	Im Rahmen dieser Bedingungen dürfen Sie auf den Dienst nur für rechtmäßige Zwecke zugreifen und ihn nutzen. Alle Rechte am Dienst und seinen Komponenten verbleiben bei RANDSTAD und gehören ausschließlich RANDSTAD. Sie dürfen nicht (und dürfen dies auch Dritten nicht gestatten):
3.1.1. den Dienst kopieren, reproduzieren, modifizieren, löschen, verteilen, herunterladen, speichern, übertragen, veröffentlichen, ein davon abgeleitetes Werk erstellen, zurückentwickeln, reassemblieren oder anderweitig direkt oder indirekt versuchen, den Quellcode des Dienstes zu ermitteln, ihn zu verkaufen, unterzulizenzieren, weiterzuverkaufen, zu vermieten, zu verpachten, zu übertragen, abzutreten oder den Dienst anderweitig kommerziell zu verwerten oder Dritten zur Verfügung zu stellen;
3.1.2. den Dienst auf irgendeine ungesetzliche Art und Weise nutzen (einschließlich, aber nicht beschränkt auf die Verletzung von Daten-, Datenschutz- oder Exportkontrollgesetzen) oder auf irgendeine Art und Weise, die die Integrität oder Leistung des Dienstes oder seiner Komponenten stört oder unterbricht;
3.1.3. den Dienst modifizieren, anpassen oder hacken oder anderweitig zu versuchen, sich unberechtigten Zugang zum Dienst oder seinen zugehörigen Systemen oder Netzwerken zu verschaffen; oder
3.1.4. Inhalte auf anderen Websites oder in anderen Medien (z.B. in einer Netzwerkumgebung) verwenden.
3.2.	Sie sind verpflichtet, diese Nutzungsbedingungen, alle Gesetze und Vorschriften sowie alle Richtlinien oder sonstigen Hinweise einzuhalten, die RANDSTAD Ihnen in Verbindung mit dem Dienst zur Verfügung stellt oder veröffentlicht, und Sie sind verpflichtet, RANDSTAD unverzüglich zu benachrichtigen, wenn Sie von einer Verletzung von Gesetzen und Vorschriften im Zusammenhang mit dem Dienst erfahren. Darüber hinaus unterliegen Sie bei der Nutzung bestimmter Leistungen zusätzlichen Bedingungen, die für diese bestimmten Leistungen gelten und die von Zeit zu Zeit in Insight veröffentlicht werden.
3.3.	RANDSTAD behält sich das Recht vor, den Dienst ohne vorherige Ankündigung zu beenden, wenn Sie diese Bedingungen oder irgendwelche Gesetze und/oder Vorschriften nicht einhalten. Darüber hinaus ist RANDSTAD berechtigt, den Dienst zu beenden, wenn Sie den Dienst über einen Zeitraum von 24 Monaten nicht genutzt haben.
3.4.	Insight sowie jede andere von RANDSTAD in Verbindung mit dem Dienst zur Verfügung gestellte Software ("Software") enthält Informationen, die durch geltende Gesetze über geistiges Eigentum und andere Gesetze geschützt sind.
Vorbehaltlich dieser Bedingungen gewährt Ihnen RANDSTAD hiermit ein persönliches, nicht übertragbares, nicht unterlizenzierbares und nicht exklusives Recht und die Lizenz, den Objektcode der Software auf einem einzelnen Gerät ausschließlich in Verbindung mit dem Dienst zu verwenden, vorausgesetzt, Sie oder ein durch Sie beauftragter Dritter versuchen nicht, den Quellcode der Software zu ermitteln, zu kopieren, zu modifizieren, zu verwenden oder zu disassemblieren, um ein abgeleitetes Werk neu zu erstellen oder ein Recht an der Software zu verkaufen, zu gewähren, unterzulizenzieren oder anderweitig zu übertragen. Es wird Ihnen in Verbindung mit dem Dienst keine Lizenz oder kein Recht zur Nutzung einer Marke von RANDSTAD oder eines Dritten gewährt.
3.5.	Sie erklären sich damit einverstanden, auf den Dienst nur über die Schnittstelle zuzugreifen, die von RANDSTAD für den Zugriff auf den Dienst zur Verfügung gestellt wird und die ihnen bzw. den von Ihnen benannten Nutzern zugeordneten Nutzungs- und Zugangsberechtigungen sowie Identifikations- und Authentifikations-Sicherungen vor dem Zugriff durch Dritte schützen und nicht an unberechtigte Nutzer weitergeben.
3.6.	Sie sind verantwortlich für alle Daten, Informationen, Rückmeldungen, Vorschläge, Texte, Inhalte und andere Materialien, die Sie hochladen, veröffentlichen, liefern, bereitstellen oder anderweitig übertragen oder speichern (nachfolgend "übertragen) in Verbindung mit oder in Bezug auf den Dienst ("Ihre Inhalte"). Sie erklären und garantieren hiermit, dass Ihre Inhalte, die von Ihnen übertragen werden:
3.6.1. wahrheitsgemäß und vollständig sind (insbesondere Lebenslauf, biographische Daten und Beschäftigungsinformationen) und
3.6.2. frei von Bugs, Würmern oder Viren sind.
3.7.	RANDSTAD kann Ihre Inhalte, die sich als unrichtig erweisen, ohne vorherige Ankündigung entfernen. Es ist nicht gestattet, Nachrichten zu senden oder zu posten und/oder Material mit irreführenden, beleidigenden, diskriminierenden oder anderweitig rechtswidrigen Inhalten oder unangemessenen oder unnötig anstößigen Inhalten hochzuladen. RANDSTAD behält sich das Recht vor, solche Nachrichten und/oder Uploads nicht zu posten oder sie ohne vorherige Ankündigung zu entfernen.
3.8.	RANDSTAD behält sich das Recht vor, auf Ihr Nutzerkonto zuzugreifen, um auf Ihre Anfragen nach technischer Unterstützung zu antworten. RANDSTAD ergreift Sicherheitsmaßnahmen, um den unbefugten Zugang zu und die unbefugte Nutzung von Daten im Dienst zu verhindern.
3.9.	Sie nehmen zur Kenntnis, dass der Betrieb des Dienstes, einschließlich Ihrer Inhalte, unverschlüsselt erfolgen kann bei:
- Übertragungen über verschiedene Netzwerke;
- Änderungen zur Konformität und Anpassung an die technischen Anforderungen der verbindenden Netzwerke oder Geräte;
- Übertragungen an Drittanbieter und Hosting-Partner von RANDSTAD, um die notwendige Hardware, Software, Netzwerk-, Speicher- und verwandte Technologie bereitzustellen, die für den Betrieb und die Wartung des Dienstes erforderlich ist, und;
- die Übertragung an andere Dritte in Verbindung mit der Bereitstellung des Dienstes für Sie.
3.10.	Sie erklären sich damit einverstanden, dass RANDSTAD:
- allgemeine Bedingungen bezüglich der Nutzung des Dienstes festlegen kann, einschließlich, aber nicht beschränkt auf die maximale Zeitspanne, während der Inhalte oder irgendwelche Ihrer Inhalte aufbewahrt werden und den maximalen Speicherplatz, der Ihrem Konto zugeteilt wird,
- nicht verantwortlich oder haftbar ist für die Löschung oder das Versäumnis, einen Inhalt oder einen Ihrer Inhalte zu speichern, der von dem Dienst verwaltet oder auf den Dienst hochgeladen wird
- den Inhalt und alle Ihre Inhalte aufbewahren und den Inhalt und Ihre Inhalte offenlegen kann, wenn dies gesetzlich oder durch das Gesetz verlangt wird:
- diese Bedingungen durchsetzt;
- auf Behauptungen reagiert, dass ein Inhalt oder einer Ihrer Inhalte die Rechte Dritter verletzt.
3.11.	Beendigung
Mit Beendigung des zwischen Ihnen und RANDSTAD geschlossenen Vertrages endet der Zugriff auf Insight. Ihre Daten werden danach zeitnah gelöscht.
3.12.	RANDSTAD behält sich das Recht vor:
3.12.1. den Dienst (oder einen Teil davon) vorübergehend oder dauerhaft zu ändern oder einzustellen und
3.12.2. jegliche gegenwärtige und zukünftige Nutzung des Dienstes zu verweigern, Ihr Nutzerkonto (oder einen Teil davon) oder die Nutzung des Dienstes zu sperren oder zu beenden und jeglichen Ihrer Inhalte im Dienst zu entfernen und zu verwerfen, wenn Sie gegen diese Bedingungen verstoßen haben und trotz vorheriger Abmahnung durch RANDSTAD weiterhin gegen diese Bedingungen verstoßen.
3.13.	den Dienst anzupassen, z.B. im Zusammenhang mit technologischen Entwicklungen. Dabei können bestehende Funktionalitäten angepasst, ergänzt oder gelöscht werden. Soweit möglich, wird RANDSTAD Sie im Voraus über alle Änderungen informieren, die einen wesentlichen Einfluss auf Ihre Nutzung des Dienstes haben.
3.14.	RANDSTAD wird angemessene Maßnahmen ergreifen, die Verfügbarkeit und Qualität des Dienstes zu gewährleisten. RANDSTAD ist ausdrücklich nicht verantwortlich für Ausfälle oder eingeschränkte Verfügbarkeit des Dienstes aufgrund höherer Gewalt (einschließlich Ausfällen im Internet, Hacking, Denial-of-Service-Angriffe) und/oder Handlungen oder Unterlassungen von Ihnen selbst oder von Ihnen eingeschalteten Dritten und schließt diesbezüglich jegliche Haftung aus.
3.15.	Haftung von RANDSTAD
Die Haftung von RANDSTAD aus diesem Vertrag sowie aus jedem Rechtsgrund (insbesondere gemäß §§ 280 ff. BGB oder wegen Rechten bei Mängeln oder unerlaubten Handlungen) ist auf Vorsatz, grobe Fahrlässigkeit, die fahrlässige Verletzung vertragswesentlicher Pflichten sowie auf Fälle der Verletzung des Körpers, des Lebens oder der Gesundheit beschränkt. Eine verschuldensunabhängige Haftung sowie die Haftung für Fahrlässigkeit im Übrigen ist ausgeschlossen.
Soweit die Haftung von RANDSTAD nicht ausgeschlossen ist, ist sie pro Kalenderjahr für alle Schadensfälle unabhängig von der Anzahl der Schadensfälle, die in diesem Kalenderjahr eintreten, insgesamt auf die Höhe der für den Dienst bezahlten Summe beschränkt. RANDSTAD haftet nicht für Folgeschäden (insbesondere nicht für entgangenen Gewinn, Finanzierungsaufwendungen, Produktionsstillstand). Eine Übertragung nicht in Anspruch genommener Haftungsbeträge auf nachfolgende Kalenderjahre ist nicht möglich.
Fälle zwingender gesetzlicher Haftung (bspw. bei Vorsatz) bleiben von diesen Vorschriften unberührt.
Die Haftung von RANDSTAD ist ausgeschlossen, sofern nicht innerhalb von 12 Kalendermonaten nach Schadeneintritt eine schriftliche Anmeldung des Schadensersatzanspruchs und – im Falle der Ablehnung durch RANDSTAD – innerhalb von einem Kalendermonat eine gerichtliche Geltendmachung erfolgt (Ausschlussfrist).
3.16.	Schadloshaltung
Sie sind verpflichtet, RANDSTAD zu verteidigen, zu entschädigen und schadlos zu halten von allen und gegen alle Ansprüche, Klagen oder Forderungen, einschließlich angemessener Rechtsverfolgungskosten, die sich aus Ihrem Verstoß gegen diese Bedingungen, Ihren Inhalten oder Ihrem Zugang, Beitrag, Ihrer Nutzung oder Ihrem Missbrauch des Dienstes ergeben oder daraus resultieren. Für das Verhalten Ihrer Mitarbeiter, freien Mitarbeiter und sonstigen Personen, denen Sie Zugang zu Insight gewähren, haften Sie wie für eigenes Verhalten.
3.17.	Geltendes Recht.
Diese Bedingungen und Konditionen unterliegen dem Recht der Bundesrepublik Deutschland unter Ausschluss des deutschen internationalen Privatrechts.
3.18.	Apple-aktivierte Software-Anwendungen.
Randstad bietet Softwareanwendungen an, die dazu bestimmt sind, in Verbindung mit Produkten betrieben zu werden, die von Apple Inc. kommerziell verfügbar gemacht werden. ("Apple") neben anderen Plattformen kommerziell verfügbar gemacht werden. In Bezug auf Software, die Ihnen in Verbindung mit einem Produkt der Marke Apple zur Verfügung gestellt wird (solche Software, "Apple-fähige Software"), erkennt RANDSTAD an, dass diese Bedingungen nur zwischen RANDSTAD und Ihnen und nicht mit Apple vereinbart werden. Wenn Sie Fragen, Beschwerden oder Schadenersatzforderungen im Zusammenhang mit der Apple-kompatiblen Software haben, können Sie diese wie folgt an RANDSTAD richten:
United States of America
Sie und RANDSTAD erkennen an und erklären sich damit einverstanden, dass Apple und seine Tochtergesellschaften Drittbegünstigte dieser Bedingungen in Bezug auf die Apple-kompatible Software sind und Apple aufgrund Ihrer Zustimmung zu den Bestimmungen dieser Bedingungen das Recht hat (akzeptiert), in seiner Eigenschaft als Drittbegünstigter diese Bedingungen in Bezug auf Apple-kompatible Software gegen Sie durchzusetzen.
3.19.	Datenschutz.
Vertrauliche Informationen, einschließlich personenbezogener Daten, werden durch den Dienst und bei der Erstellung eines Accounts für den Dienst verarbeitet. RANDSTAD wird Ihre persönlichen Daten vertraulich behandeln. Weitere Informationen finden Sie in der Datenschutzerklärung für Randstad Risesmart (Outplacement, Karriereberatung, Redeployment).
China
Singapore TNC
Effective December 14th 2020
DownloadTable of Contents
TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 Randstad Solutions Limited t/a Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.co.uk) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorised access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy/Statement.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your curriculum vitae, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorised access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
4.1 Client Paid Participants: In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorised RiseSmart to provide to you (i.e., you will not be charged for the specific Service package they have authorized RiseSmart to provide to you.)
4.2 Direct Consumers: In the event Section 4.1 immediately above does not apply to your use of the Service (i.e. you have chosen to purchase RiseSmart services yourself), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorise RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any applicable laws and legislation of any jurisdiction, including, but not limited to, local export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your curriculum vitae, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set out on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment (if applicable) and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
The Service, including the site, content (including, without limitation, job and career development leads, recommendations and analytics) and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind.
To the extent permitted by law, RiseSmart expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
You acknowledge that RiseSmart does not warrant that the Service will be uninterrupted, timely, secure, error-free or virus-free and no information, advice or services obtained by you from RiseSmart or through the Service shall create any warranty not expressly stated in these TOS.
Without limiting the generality of the foregoing, if you are a job seeker or career development seeker, (a) you acknowledge and agree that job leads that RiseSmart may post to your account are received from third parties with no vetting whatsoever and (b) RiseSmart does not warrant or guarantee that any job leads or other information will be accurate or legitimate, you will successfully obtain employment or career development through the use of the Service, or that any employment or career development you find through the use of the Service will fit your needs or be appropriate for you.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
Under no circumstances shall RiseSmart be liable for any indirect or consequential losses, expenses, damages, delays, costs or compensation which may be suffered or incurred by you arising from or in any way connected with the Services.
RiseSmart’s total liability under this TOS for any loss, expense, damage, delay, costs or compensation however caused to you shall in no event be greater than the fees paid directly by you in the 6 months preceding the event giving rise to your claim or if no fees were paid then SGD 200.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of Singapore. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of Singapore for the purpose of resolving any dispute relating to your access to or use of the Service.
12. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows (insert email address):
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Malaysia
Effective December 14th 2020
DownloadTable of Contents
TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 Randstad Solutions Limited t/a Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.co.uk) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorised access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy/Statement.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your curriculum vitae, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorised access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
4.1 Client Paid Participants: In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorised RiseSmart to provide to you (i.e., you will not be charged for the specific Service package they have authorized RiseSmart to provide to you.)
4.2 Direct Consumers: In the event Section 4.1 immediately above does not apply to your use of the Service (i.e. you have chosen to purchase RiseSmart services yourself), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorise RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any applicable laws and legislation of any jurisdiction, including, but not limited to, local export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your curriculum vitae, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set out on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment (if applicable) and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
The Service, including the site, content (including, without limitation, job and career development leads, recommendations and analytics) and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind.
To the extent permitted by law, RiseSmart expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
You acknowledge that RiseSmart does not warrant that the Service will be uninterrupted, timely, secure, error-free or virus-free and no information, advice or services obtained by you from RiseSmart or through the Service shall create any warranty not expressly stated in these TOS.
Without limiting the generality of the foregoing, if you are a job seeker or career development seeker, (a) you acknowledge and agree that job leads that RiseSmart may post to your account are received from third parties with no vetting whatsoever and (b) RiseSmart does not warrant or guarantee that any job leads or other information will be accurate or legitimate, you will successfully obtain employment or career development through the use of the Service, or that any employment or career development you find through the use of the Service will fit your needs or be appropriate for you.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
Under no circumstances shall RiseSmart be liable for any indirect or consequential losses, expenses, damages, delays, costs or compensation which may be suffered or incurred by you arising from or in any way connected with the Services.
RiseSmart’s total liability under this TOS for any loss, expense, damage, delay, costs or compensation however caused to you shall in no event be greater than the fees paid directly by you in the 6 months preceding the event giving rise to your claim or if no fees were paid then RM 500.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of Malaysia. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of Malaysia for the purpose of resolving any dispute relating to your access to or use of the Service.
12. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows (insert email address):
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Hong Kong TNC
Effective December 14th 2020
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TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 Randstad Solutions Limited t/a Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.co.uk) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorised access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy/Statement.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your curriculum vitae, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorised access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
4.1 Client Paid Participants: In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorised RiseSmart to provide to you (i.e., you will not be charged for the specific Service package they have authorized RiseSmart to provide to you.)
4.2 Direct Consumers: In the event Section 4.1 immediately above does not apply to your use of the Service (i.e. you have chosen to purchase RiseSmart services yourself), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorise RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any applicable laws and legislation of any jurisdiction, including, but not limited to, local export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your curriculum vitae, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set out on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment (if applicable) and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
The Service, including the site, content (including, without limitation, job and career development leads, recommendations and analytics) and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind.
To the extent permitted by law, RiseSmart expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
You acknowledge that RiseSmart does not warrant that the Service will be uninterrupted, timely, secure, error-free or virus-free and no information, advice or services obtained by you from RiseSmart or through the Service shall create any warranty not expressly stated in these TOS.
Without limiting the generality of the foregoing, if you are a job seeker or career development seeker, (a) you acknowledge and agree that job leads that RiseSmart may post to your account are received from third parties with no vetting whatsoever and (b) RiseSmart does not warrant or guarantee that any job leads or other information will be accurate or legitimate, you will successfully obtain employment or career development through the use of the Service, or that any employment or career development you find through the use of the Service will fit your needs or be appropriate for you.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
Under no circumstances shall RiseSmart be liable for any indirect or consequential losses, expenses, damages, delays, costs or compensation which may be suffered or incurred by you arising from or in any way connected with the Services.
RiseSmart’s total liability under this TOS for any loss, expense, damage, delay, costs or compensation however caused to you shall in no event be greater than the fees paid directly by you in the 6 months preceding the event giving rise to your claim or if no fees were paid then HKD 500.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of Hong Kong. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of Hong Kong for the purpose of resolving any dispute relating to your access to or use of the Service.
12. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows (insert email address):
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Cookie policy
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TERMOS E CONDIÇÕES
Effective October 30th 2020
DownloadTable of Contents
TERMOS E CONDIÇÕES
1.Aceitação dos Termos.
1.1 A RiseSmart, Inc. e a suas afiliadas (designadas coletivamente por “RiseSmart”) fornecem o seu Serviço (conforme definido infra) ao Utilizador através de sites controlados pela RiseSmart (incluindo, sem restrições, o site situado em http://www.RiseSmart.com) (coletivamente, o “Site”), sujeito a os presentes Termos de Serviço (os presentes “TDS”). Ao aceitar os presentes TDS ou ao aceder ou usar o Serviço ou Site, o Utilizador reconhece que leu, compreende e aceita vincular-se aos presentes TDS. Se o Utilizador não concordar com os presentes TDS, não deverá aceitar os presentes TDS e não poderá usar o Serviço.
1.2 A RiseSmart poderá alterar os presentes TDS periodicamente sem aviso prévio. Os termos e condições revistos entrarão em vigor no momento da sua publicação, se o Utilizador usar o Serviço após essa publicação, esse uso constituirá aceitação dos termos e condições revistos. Qualquer alteração dos presentes TDS não aceite pelo Utilizador implica que este deixe de aceder e usar o Serviço.
2.Descrição do Serviço.
O “Serviço” incluindo (a) o Site, (b) os serviços de recolocação e gestão de carreira da RiseSmart, e outros serviços relacionados (incluindo serviços de gestão de ficheiros e analítica), e tecnologias e aplicações relacionadas (incluindo, sem restrições, aplicações e serviços acedidos através de qualquer interface de dispositivo móvel ou de outro tipo que permita ao Utilizador aceder a tais aplicações e serviços)), e (c) todo o software (incluindo o Software, conforme definido infra), materiais, portais, recomendações, anúncios de emprego, dados, relatórios, texto, imagens, sons, vídeo,
analítica e outros conteúdos disponibilizados através de qualquer um dos meios referidos supra (designados coletivamente de “Conteúdos”). Quaisquer novas funcionalidades adicionadas a ou que alarguem o Serviço estão igualmente sujeitos aos presentes TDS.
3. Condições Gerais/Acesso e Uso do Serviço.
3.1 Sujeitos aos termos e condições dos presentes TDS, o Utilizador apenas poderá aceder e usar o Serviço para fins legítimos. Todos os direitos, pretensões e títulos em relação ao Serviço e os seus componentes pertencem exclusivamente à RiseSmart. O Utilizador não deverá (e não deverá permitir que quaisquer terceiros venham a):
(a) copiar, reproduzir, modificar, eliminar, distribuir, transferir, armazenar, transmitir, publicar, criar uma obra derivada, efetuar engenharia inversa, efetuar assemblagem inversa do Serviço ou tentar, de qualquer outra forma, direta ou indiretamente, descobrir qualquer código-fonte, vender, sublicenciar, revender, alugar, dar em leasing, transferir, atribuir ou dar o Serviço em timesharing, ou explorar o mesmo de outro modo para fins comerciais ou disponibilizar o Serviço a qualquer terceiro;
(b) usar o Serviço de uma forma ilegítima (incluindo, sem restrições, formas que constituam infração de quaisquer leis de dados, privacidade ou controlo de exportação) ou de um modo que interfira ou afete a integridade ou desempenho do Serviço ou dos seus componentes;
(c) modificar, adaptar ou "hackear" o Serviço, ou tentar de qualquer outra forma obter acesso não autorizado ao Serviço ou aos seus sistemas ou redes relacionados; ou
(d) usar quaisquer Conteúdos noutros sites ou em qualquer outro suporte (por exemplo, um ambiente de rede).
Deverá obedecer a quaisquer códigos de conduta, políticas ou outros notificações que a RiseSmart forneça ao Utilizador ou publique em relação ao Serviço, e o Utilizador deverá notificar a RiseSmart prontamente se souber de uma violação de segurança relacionada com o Serviço.
Para além disso, quando usar determinados serviços, o Utilizador estará sujeito a quaisquer termos adicionais aplicáveis a tais serviços que poderão ser publicados no periodicamente, incluindo, sem restrições, a Política de Privacidade da RiseSmart.
3.2 Qualquer software que possa ser disponibilizado pela RiseSmart em relação ao Serviço (“Software”) contém informações proprietárias e confidenciais protegidas por leis de propriedade intelectual e outras leis aplicáveis. Sujeito aos termos e condições dos presentes TDS, a RiseSmart concede ao Utilizador: o direito e licença, não transferíveis, não sublicenciáveis e não exclusivos de usar o código de qualquer Software num único dispositivo relacionado com o Serviço.
O Utilizador concorda em não aceder ao Serviço de outra forma que não seja através da interface fornecida pela RiseSmart para o uso no acesso ao Serviço. Quaisquer direitos não concedidos expressamente no presente documento encontram-se reservados e nenhuma licença ou direito de usar qualquer marca comercial da RiseSmart ou de qualquer terceiro são concedidos ao Utilizador em relação ao Serviço.
3.3 O Utilizador é o único responsável por todos os dados, informações, feedback, sugestões, texto, conteúdos e outros materiais que o Utilizador carregar, publicar, entregar, fornecer ou transmitir ou armazenar de qualquer outro modo (doravante “transmitir/transmissão”) em relação ao Serviço (“Conteúdos do Utilizador”). O Utilizador confirma e garante que os Conteúdos do Utilizador transmitidos por ele em relação ao Serviço:
(a) são corretos, verdadeiros, legítimos, decentes, honestos e completos (incluindo, sem restrições, em relação ao seu currículo, dados biográficos e informações de emprego, se o Utilizador estiver a usar o Serviço como candidato a emprego ou candidato a desenvolvimento de carreira), e
está isento de bugs, worms ou vírus. O Utilizador aceita que a RiseSmart possa remover Conteúdos do Utilizador do Serviço se considerar que o Utilizador esteja a violar as condições supra ou quaisquer outros termos do presente TDS. O Utilizador é responsável por assegurar a confidencialidade dos seus dados de início de sessão, da sua palavra-passe e da sua conta e por todas as atividades que ocorram sob utilização dos seus dados de início de sessão ou da sua conta. A RiseSmart reserva o direito de aceder à conta do Utilizador para responder aos seus pedidos de apoio técnico. Ao transmitir Conteúdos do Utilizador através do Serviço, o Utilizador concede à RiseSmart uma licença mundial, não exclusiva, perpétua, irrevogável, isenta de royalties, integralmente paga, sublicenciável e transferível para usar, modificar, reproduzir, distribuir, apresentar, publicar e efetuar Conteúdos do Utilizador em relação ao Serviço. RiseSmart tem o direito, mas não a obrigação, de escrutinar ou monitorizar o Serviço ou os Conteúdos do Utilizador. O Utilizador aceita também que a RiseSmart possa remover ou desativar quaisquer Conteúdos em qualquer momento por qualquer motivo (incluindo, mas não limitado a, aquando da receção de alegações de terceiros ou autoridades relacionadas com esses Conteúdos), ou por nenhum motivo específico.
3.4 O Utilizador compreende que o funcionamento do Serviço, incluindo dos Conteúdos do Utilizador, poderá não ter encriptação e envolver:
(a) transmissões através de diferentes redes;
(b) alterações para satisfazer e adaptar-se aos requisitos técnicos das redes ou dispositivos que lhe acedam;
transmissão para fornecedores e parceiros de alojamento da RiseSmart para fornecer as tecnologias de hardware, software, rede, armazenamento e necessárias para operar e conservar o Serviço, e
(d) transmissão para terceiros em relação ao fornecimento do Serviço. Como tal, o Utilizador reconhece que é o único responsável pela segurança, proteção e cópias de segurança adequadas dos Conteúdos do Utilizador. A RiseSmart não assume responsabilidade perante o Utilizador por qualquer acesso ou uso não autorizado de quaisquer Conteúdos do Utilizador, ou qualquer dano, eliminação, destruição ou perda de quaisquer Conteúdos do Utilizador.
3.5 Se o Utilizador for candidato a emprego ou candidato a desenvolvimento de carreira, aceita também usar o seu próprio discernimento, prudência e bom senso ao gerir as oportunidades de emprego e outras informações oferecidas ou obtidas através do Serviço, aceitando adicionalmente que assume todo o risco de qualquer confiança ou uso de quaisquer Conteúdos (incluindo quaisquer anúncios de emprego ou aconselhamento ou recomendações de emprego) fornecidos através do Serviço.
3.6 Na eventualidade de a RiseSmart não exercer qualquer direito ao abrigo dos presentes TDS, tal não constituirá renúncia desse direito. O Utilizador reconhece que os presentes TDS constituem um contrato entre o Utilizador e a RiseSmart, mesmo que estejam em formato eletrónico e não possuam assinatura física do Utilizador e da RiseSmart, e que os mesmos determinam esse uso do Serviço, substituindo quaisquer semelhantes acordos anteriores entre o Utilizador e a RiseSmart.
3.7 O Utilizador reconhece que uma empresa cliente da RiseSmart poderá interagir com a RiseSmart para prestar assistência:
(a) a colaboradores atuais e/ou antigos do cliente empresarial, que tenham cessado ou venham a cessar as suas funções na empresa cliente, na sua procura de emprego através do Serviço (“Assistência à Recolocação”); ou
(b) colaboradores atuais do cliente da empresa com desenvolvimento de carreira através do Serviço (“Assistência ao Desenvolvimento de Carreira”), ((a) e (b) designados coletivamente de “Interações de Empresa Cliente”). Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência à Recolocação, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e o estado atual do uso do Serviço pelo Utilizador, o volume do seu uso do Serviço, o seu progresso por etapas e o seu estado atual na procura de emprego, a satisfação dos seus clientes ou outro feedback relacionado com o Serviço, de forma individual para ou de um modo agregado. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência ao Desenvolvimento de Carreira, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e indicar o estado atual do uso do Serviço pelo Utilizador, o âmbito do seu uso do Serviço, o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira, a satisfação dos seus clientes ou outro feedback relacionados com o Serviço, de forma individual para cada caso ou de um modo agregado. Consulte a Política de Privacidade da RiseSmart para mais informações sobre a forma como RiseSmart recolhe, usa e partilha as informações fornecidas pelo Utilizador e empresas clientes em relação às Interações de Empresa Cliente.
3.8 Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente, o Utilizador reconhece que o Serviço que lhe é disponibilizado não irá em nenhum caso exceder o âmbito, a duração ou outros limites da Interação de Empresa Cliente em cujo âmbito é concedido ao Utilizador o acesso ao Serviço.
3.9 O Utilizador aceita que a RiseSmart:
(a) pode estabelecer práticas e limites gerais relativamente ao uso do Serviço,
incluindo, sem restrições, o período máximo durante o qual quaisquer Conteúdos do Utilizador serão retidos pelo Serviço e o espaço de armazenamento máximo que será atribuído em nome do Utilizador;
(b) a RiseSmart não assume qualquer responsabilidade pela eliminação ou pelo facto de não serem armazenados quaisquer Conteúdos do Utilizador mantidos pelo Serviço ou carregados no mesmo; e
(c) pode conservar quaisquer Conteúdos do Utilizador, podendo também divulgar Conteúdos do Utilizador caso a lei obrigue a tal ou se tal conservação ou divulgação for razoavelmente necessária para:
(i) um processo jurídico, leis aplicáveis ou solicitações administrativas;
(ii) aplicar os presentes TDS;
(iii) responder a alegações de que quaisquer Conteúdos do Utilizador estejam a violar os direitos de terceiros; ou
(iv) proteger os direitos, propriedade ou segurança pessoal da RiseSmart, dos seus utilizadores e do público.
O Utilizador aceita que a RiseSmart pode remover ou desativar quaisquer Conteúdos do Utilizador em qualquer momento por qualquer motivo (incluindo, mas não limitado a: receção de alegações de terceiros, ou autoridades, relacionados com tais Conteúdos do Utilizador), ou por nenhum motivo específico.
4. Pagamento.
Na medida em que o Serviço ou qualquer parte do mesmo seja disponibilizado contra qualquer taxa (e que não seja pago de outro modo por uma empresa cliente da
RiseSmart), o Utilizador terá de selecionar um plano de pagamento e fornecer à RiseSmart informações sobre o seu cartão de crédito ou outro meio de pagamento. O Utilizador declara e garante à RiseSmart que tais informações são verdadeiras e que o Utilizador está autorizado a usar o meio de pagamento. O Utilizador atualizará prontamente as informações da sua conta com quaisquer alterações (por exemplo, alteração da morada para faturação ou da data de validade do cartão de crédito) que possa ocorrer. O Utilizador aceita pagar à RiseSmart o valor especificado no plano de pagamento de acordo com os termos desse plano e os presentes TDS. O Utilizador autoriza a RiseSmart pela presente a debitar o valor especificado no meio de pagamento do Utilizador de forma antecipada e periódica de acordo com os termos do plano de pagamento aplicável até o Utilizador terminar a sua conta, e o Utilizador aceita também pagar quaisquer taxas adicionais em que tenha incorrido. Se o Utilizador não concordar com alguma taxa, deverá informar a RiseSmart num prazo de sessenta (60) dias a contar da data em que a RiseSmart faturar o valor ao Utilizador. A RiseSmart reserva o direito de alterar os preços da RiseSmart em qualquer momento. Se a RiseSmart alterar os seus preços, a RiseSmart indicará a alteração no Site ou num e-mail ao Utilizador, à discrição da RiseSmart, com uma antecedência mínima de 30 dias antes da alteração entrar em vigor. O uso continuado do Serviço pelo Utilizador após a alteração do preço entrar em vigor consubstancia aceitação dos novos valores. No caso de o Utilizador usar o Serviço no âmbito de uma Interação de Empresa Cliente, será cobrado à empresa cliente o valor do pacote de Serviço específico que a empresa cliente autorizou a RiseSmart a fornecer ao Utilizador.
5. Promessas e Garantias.
Em relação uso, o Utilizador aceita NÃO: infringir quaisquer regulamentos locais, estatais e federais, regulamentos e decretos de qualquer sistema jurídico, incluindo, mas não limitado a, leis e regulamentos de exportação dos Estados Unidos, leis contra a discriminação ou a igualdade de oportunidades no emprego; infringir quaisquer direitos de propriedade intelectual e privacidade, incluindo, mas não
limitado a, patentes, direitos de autor, marcas comerciais ou segredos comerciais de qualquer terceiro; carregar, publicar, transmitir ou armazenar quaisquer materiais que sejam ilícitos, ofensivos, difamatórios, fraudulentos, enganadores, perniciosos, ameaçadores, assediantes, obscenos ou repreensíveis; violem quaisquer obrigações contratuais ou de confidencialidade do Utilizador; afetem ou interfiram com o funcionamento normal do Serviço, tais como a publicação ou transmissão de vírus, worms, scripts, macros ou código malicioso de qualquer tipo, a publicação contínua de materiais repetidos, ou publicação de quantidades anormalmente grandes de dados; ou que não sejam permitidos pela RiseSmart, incluindo, mas não limitado a, quaisquer materiais publicitários não autorizados, materiais publicitários não solicitados, correio “junk”, “spam”, cartas em cadeia, esquemas em pirâmide, franchisings, sociedades distribuidoras, associações a clubes, acordos de vendas ou materiais de outro modo inaceitáveis; infringir os direitos de privacidade ou direitos pessoais de outros através do abuso do Serviço, incluindo, mas não limitado ao assédio ou fazer “stalking” a outra pessoa, o envio de e-mails não solicitados, e a recolha de informações pessoais de outras pessoas; violar ou a tentativa de violar quaisquer medidas de segurança do Serviço; usar qualquer dispositivo, processo ou mecanismo para monitorizar, obter, pesquisar ou obter acesso a, por exemplo, por "spider" ou "bot", o Serviço sem consentimento prévio por escrito da RiseSmart; aceder ou tentar aceder a qualquer conta ou dados de início de sessão de qualquer terceiro listado no Serviço; ou publicar ou submeter quaisquer informações incorretas, falsas ou incompletas, tais como o currículo, os dados biográficos ou informações de emprego do Utilizador; fazer-se passar por qualquer pessoa ou entidade; falsificar quaisquer informações de cabeçalho em qualquer publicação eletrónica ou correio eletrónico; ou deturpar a sua identidade, a sua afiliação com qualquer terceiro ou a sua entidade.
6. Rescisão.
O Utilizador tem o direito de terminar a sua conta, em qualquer momento, de acordo
com os procedimentos definidos no Site ou fornecidos ao Utilizador separadamente, quando aplicáveis. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente, o Utilizador reconhece que o seu acesso a esse Serviço terminará aquando do término ou da rescisão da Interação de Empresa Cliente. A RiseSmart reserva o direito de:
(i) modificar ou descontinuar, de forma temporária ou definitiva, o Serviço (ou qualquer parte do mesmo); e
(ii) rejeitar qualquer e todo o uso atual e futuro do Serviço, suspender ou rescindir a conta do Utilizador (qualquer parte do mesmo) ou o uso do Serviço e remover e eliminar quaisquer Conteúdos do Utilizador do Serviço, por qualquer motivo, incluindo se a RiseSmart julgar que o Utilizador violou os presentes TDS. A RiseSmart não se responsabiliza perante o Utilizador nem qualquer terceiro por qualquer modificação, suspensão ou descontinuação do Serviço. A RiseSmart envidará esforços de boa-fé para contactar o Utilizador e avisá-lo antes da suspensão ou rescisão da sua conta por parte da RiseSmart. Todos os Conteúdos do Utilizador no Serviço (se existirem) poderão ser eliminados definitivamente pela RiseSmart aquando da rescisão da conta do Utilizador, à sua discrição. Se a RiseSmart terminar a conta do Utilizador sem justa causa e o Utilizador se tiver inscrito para um serviço que implique o pagamento de uma taxa, caso aplicável (excluindo uma Interação de Empresa Cliente), a RiseSmart restituirá a parte proporcional, não utilizada, de qualquer montante que o Utilizador tenha pago previamente à RiseSmart por tal Serviço. Contudo, todos os direitos a pagamento acumulados e os termos da secção 4-12 perdurarão para além da rescisão dos presentes TDS.
7. LIMITAÇÕES DE RESPONSABILIDADE.
O SERVIÇO, INCLUINDO O SITE, OS CONTEÚDOS (INCLUINDO, SEM LIMITAÇÃO, ANÚNCIOS DE EMPREGO E DESENVOLVIMENTO DE CARREIRA, RECOMENDAÇÕES E ANALÍTICA) E TODOS OS COMPONENTES DE SERVIDOR E REDE SÃO FORNECIDOS
“CONFORME ESTÃO” E “CONFORME DISPONÍVEIS” SEM QUAISQUER GARANTIAS DE QUALQUER TIPO, E A RISESMART RENUNCIA EXPRESSAMENTE A QUAISQUER E TODAS AS GARANTIAS, SEJAM ELAS EXPRESSAS OU IMPLÍCITAS, INCLUINDO, MAS NÃO LIMITADO A, GARANTIAS IMPLÍCITAS DE COMERCIABILIDADE, TÍTULO, APTIDÃO PARA UMA FINALIDADE ESPECÍFICA E NÃO INFRAÇÃO. O UTILIZADOR ACEITA QUE A RISESMART NÃO GARANTE QUE O SERVIÇO SERÁ ININTERRUPTO, PONTUAL, SEGURO, ISENTO DE ERROS OU DE VÍRUS, E NENHUMA INFORMAÇÃO, ACONSELHAMENTO OU SERVIÇOS OBTIDOS PELO UTILIZADOR DA RISESMART OU ATRAVÉS DO SERVIÇO IRÃO CONSTITUIR QUALQUER GARANTIA NÃO EXPRESSAMENTE IDENTIFICADA NOS PRESENTES TDS. SEM LIMITAR A GENERALIDADE DO EXPOSTO SUPRA, SE O UTILIZADOR FOR CANDIDATO A EMPREGO OU CANDIDATO A DESENVOLVIMENTO DE CARREIRA, (A) O UTILIZADOR ACEITA QUE OS ANÚNCIOS DE EMPREGO QUE A RISESMART POSSA PUBLICAR NUMA CONTA DO UTILIZADOR SÃO RECEBIDOS DE TERCEIROS SEM QUALQUER ANÁLISE, E (B) A RISESMART NÃO GARANTE QUE QUAISQUER ANÚNCIOS DE EMPREGO OU OUTRAS INFORMAÇÕES SEJAM CORRETAS OU LEGÍTIMAS, QUE O UTILIZADOR CONSIGA OBTER EMPREGO OU DESENVOLVIMENTO DE CARREIRA AO USAR O SERVIÇO, OU QUE QUALQUER EMPREGO OU DESENVOLVIMENTO DE CARREIRA QUE O UTILIZADOR ENCONTRE AO USAR O SERVIÇO SEJA ADEQUADO ÀS NECESSIDADES DO UTILIZADOR OU APROPRIADO PARA O UTILIZADOR. Em nenhum caso, a RiseSmart será responsabilizada, de qualquer forma, por quaisquer conteúdos ou materiais de terceiros (incluindo utilizadores), incluindo, mas não limitado a, por quaisquer erros ou omissões em quaisquer conteúdos, ou por qualquer perda ou danos de algum tipo incorridos em resultado do uso de quaisquer desses conteúdos. O Utilizador reconhece que a RiseSmart não filtra os conteúdos previamente, mas que a RiseSmart e os seus mandatários têm o direito (mas não a obrigação) à sua discrição exclusiva de rejeitar ou remover quaisquer conteúdos que estejam disponíveis através do Serviço. O Utilizador concorda que deve avaliar e assumir todos os riscos associados ao uso de quaisquer conteúdos, incluindo qualquer dependência da precisão, integralidade ou utilidade desses conteúdos.
8. LIMITAÇÃO DA RESPONSABILIDADE CIVIL
8.1 EM NENHUM CASO E NENHUM REGIME JURÍDICO (QUER SEJA POR CONTRATO, ATO ILÍCITO OU DE OUTRA FORMA) IRÁ A RISESMART RESPONSABILIZAR-SE PERANTE O UTILIZADOR OU QUALQUER TERCEIRO POR:
(A) QUAISQUER DANOS INDIRETOS, ACIDENTAIS, ESPECIAIS, ECONÓMICOS, EXEMPLIFICATIVOS, CONSEQUÊNCIAIS OU PUNITIVOS, INCLUINDO PERDA DE LUCROS, PERDA DE VENDAS OU NEGÓCIO, PERDA DE DADOS OU INTERRUPÇÃO DA ATIVIDADE COMERCIAL; OU
(B) POR QUAISQUER DANOS DIRETOS, DESPESAS, PERDAS OU RESPONSABILIDADES PARA ALÉM DAS TAXAS ATUALMENTE PAGAS PELO UTILIZADOR NOS SEIS (6) MESES ANTERIORES AO EVENTO QUE RESULTOU NA ALEGAÇÃO DO UTILIZADOR OU, NÃO HAVENDO TAXAS APLICÁVEIS, CEM (100) DÓLARES NORTE-AMERICANOS. AS DISPOSIÇÕES DA PRESENTE SECÇÃO DISTRIBUEM OS RISCOS INERENTES AOS PRESENTES TDS ENTRE AS PARTES, E AS PARTES BASEARAM-SE NESTAS LIMITAÇÕES PARA DETERMINAR A SUA VINCULAÇÃO AOS TDS.
8.2 Alguns estados não permitem a limitação ou exclusão de garantias implícitas ou limitação de responsabilidade civil nos acidentais ou consequenciais, de forma que algumas das limitações supra nas Secções 7 (Limitações de Responsabilidade) e 8 (Limitação de Responsabilidade Civil) poderão não ser aplicáveis ou ser implementáveis em relação ao Utilizador. NESTES ESTADOS, A RESPONSABILIDADE DA RISESMART LIMITA-SE A À MAIOR EXTENSÃO PERMITIDA PELA LEI. SE O UTILIZADOR FOR DA NOVA JÉRSIA, AS SECÇÕES 7 (LIMITAÇÕES DE RESPONSABILIDADE) E 8 (LIMITAÇÃO DE RESPONSABILIDADE CIVIL) TÊM POR OBJETIVO SEREM TÃO LATAS COMO PERMITIDO PELA LEI APLICÁVEL. SE QUALQUER PARTE DAS PRESENTES SECÇÕES FOR CONSIDERADA INVÁLIDA SEGUNDO AS LEIS DA NOVA JÉRSIA, A INVALIDADE DESSA PARTE NÃO AFETARÁ A VALIDADE DAS RESTANTES PARTES DA SECÇÃO APLICÁVEL.
Indemnização.
O Utilizador concorda em defender, indemnizar e proteger a RiseSmart de e contra quaisquer pretensões, ações ou exigências, incluindo, sem restrições, taxas legais e contabilísticas razoáveis que resultem da violação dos presentes TDS pelo Utilizador, de quaisquer Conteúdos do Utilizador, ou de outro acesso, contribuição para, uso ou abuso do Serviço por parte do Utilizador. A RiseSmart notificará o Utilizador de qualquer pretensão, ação jurídica ou exigência desse género. A RiseSmart reserva o direito de assumir a defesa e o controlo exclusivos de qualquer assunto que esteja sujeito a indemnização nos termos da presente secção. Num destes casos, o Utilizador aceita colaborar em quaisquer pedidos razoáveis para assistir a RiseSmart na defesa de tal assunto. Não obstante o exposto supra, o Utilizador não terá qualquer obrigação de indemnizar, defender ou proteger a RiseSmart de ou contra quaisquer alegações, ações jurídicas ou exigências na medida que resultem de qualquer ação ou omissão de ação da RiseSmart.
Atribuição.
O Utilizador não pode atribuir os presentes TDS sem o consentimento prévio por escrito da RiseSmart, mas a RiseSmart pode atribuir ou transferir os presentes TDS, na íntegra ou em parte, sem restrição.
Direito Aplicável.
Os presentes TOS regem-se pelo direito do Estado da Califórnia independentemente dos princípios dos conflitos de direito. Exceto quando for outra opção escolhida pela RiseSmart, para um caso específico, o Utilizador aceita expressamente vincular-se à jurisdição pessoal exclusiva dos tribunais federais e estatais do Estado da Califórnia para a resolução de qualquer litígio relacionado com o acesso ou uso do Serviço por parte do Utilizador.
12. DMCA.
A Digital Millennium Direitos de autor Act (a “DMCA”, Lei dos Direitos de Autor do Millennium Digital) de 1998 proporciona recursos a proprietários de direitos de autor que detenham materiais na Internet contra aqueles que infrinjam os seus direitos ao abrigo dos direitos de autor norte-americanos. A RiseSmart irá processar e investigar prontamente notificações de infração e tomará medidas adequadas ao abrigo da DMCA e outras leis de propriedade intelectual aplicáveis em relação a qualquer infração alegada ou factual. Uma notificação de alegada infração de direitos de autor deve ser enviada por e-mail para o Responsável de Direitos de Autor da RiseSmart através do endereço user.support@risesmart.com (assunto: “DMCA Takedown Request”). O Utilizador poderá também contactar a RiseSmart por correio:
A/C: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 -EUA
Aviso: Para vigorar, a notificação deve ser enviada por escrito e conter as seguintes informações:
assinatura eletrónica ou física da pessoa autorizada a agir em nome do detentor dos direitos de autor ou outros interesses de propriedade intelectual;
descrição da obra com direitos de autor ou outra propriedade intelectual que o Utilizador alega terem sido infringidos;
descrição da localização do material que o Utilizador alega ser infrator do Site, com pormenor suficiente para a RiseSmart poder encontrá-lo no Site;
morada, número de telefone e endereço de e-mail do Utilizador;
declaração do Utilizador de que acredita, em boa-fé, que o uso contestado não foi autorizado pelo detentor dos direitos de autor ou da propriedade intelectual, pelo seu agente ou pela lei;
declaração do Utilizador, efetuada sob pena de falsas declarações, de que as informações supra no aviso do Utilizador são corretas e que o Utilizador é o detentor dos direitos de autor ou de propriedade intelectual ou está autorizado a agir em nome do detentor dos direitos de autor ou de propriedade intelectual.
13. Aplicações de software compatíveis com Apple.
A RiseSmart oferece aplicações de software destinadas ao funcionamento relacionado com produtos criados para fins comerciais disponibilizados pela Apple Inc. (“Apple”), entre outras plataformas. Relativamente a Software, disponibilizado uso em um produto da marca Apple (tal Software, “Software Compatível com Apple”), para além dos termos e condições definidos nos presentes TDS, acrescem os seguintes:
A RiseSmart e o Utilizador reconhecem que os presentes TDS se aplicam apenas entre a RiseSmart e o Utilizador, e não com a Apple, e que, entre a RiseSmart e a Apple, é a RiseSmart, e não a Apple, a única responsável pelo Software Compatível com Apple e os conteúdos do mesmo.
O Utilizador não pode usar o Software Compatível com Apple de um modo que infrinja ou seja inconsistente com as Regras de Utilização definidas para o Software Compatível com Apple nos Termos de Serviço da App Store, nem poderá estar de outro modo em conflito com os mesmos.
A licença do Utilizador para usar o Software Compatível com Apple limita-se a uma licença não transferível para usar o Software Compatível com Apple num
Produto iOS que o Utilizador possua ou controle, conforme permitido pelas Regras de Utilização definidas nos Termos de Serviço da App Store.
A Apple não tem qualquer obrigação de fornecer quaisquer serviços de manutenção ou suporte em relação ao Software Compatível com Apple.
A Apple não é responsável por quaisquer garantias de produto, sejam elas expressas ou implícitas por lei. No caso de o Software Compatível com Apple não estar em conformidade com qualquer garantia aplicável, o Utilizador poderá notificar a Apple, e a Apple restituirá ao Utilizador o preço de aquisição do Software Compatível com Apple, caso exista; e, até à máxima extensão permitida pela lei aplicável, a Apple não terá qualquer outra obrigação de garantia em relação ao Software Compatível com Apple, ou quaisquer outras reivindicações, perdas, responsabilidades, danos, custos ou despesas atribuíveis a qualquer inconformidade com qualquer garantia, que será da responsabilidade exclusiva da RiseSmart, desde que não possa ser renunciada ao abrigo da lei aplicável.
A RiseSmart e o Utilizador reconhecem que a RiseSmart, e não a Apple, é responsável por resolver quaisquer alegações do Utilizador ou de qualquer terceiro relacionadas com o Software Compatível com Apple ou a posse e/ou uso desse Software Compatível com Apple por parte do Utilizador, incluindo, mas não limitado a:
reivindicações de responsabilidade de um produto;
qualquer alegação de o Software Compatível com Apple não estar em conformidade com qualquer requisito legal ou regulamentar aplicável; e
reivindicações resultantes de leis de proteção do consumidor ou semelhantes.
No caso de um terceiro alegar que o Software Compatível com Apple ou a posse e o
uso desse Software Compatível com Apple por parte do utilizador final infringe os direitos de propriedade intelectual desse terceiro, entre a RiseSmart e a Apple, é a RiseSmart e não a Apple que é o único responsável pela investigação, defesa, resolução e anulação de tal alegação de infração de propriedade intelectual.
O Utilizador declara e garante que:
não está localizado num país sujeito a um embargo do Governo dos EUA ou que tenha sido designado pelo Governo dos EUA como país “apoiante do terrorismo”; e
não se encontra identificado em qualquer lista do Governo dos EUA de entidades proibidas ou restritas.
Quaisquer perguntas, reclamações ou reivindicações que o Utilizador tenha em relação ao Software Compatível com Apple, deverão ser enviadas para a RiseSmart para os seguintes endereços:
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 -EUA
San Jose, CA 95113 -EUA
A RiseSmart e o Utilizador reconhecem e aceitam que a Apple e as subsidiárias da Apple são beneficiários terceiros dos presentes TDS em relação ao Software Compatível com Apple, e que, após aceitação dos termos e condições dos presentes TDS por parte do Utilizador, a Apple terá o direito (e considerar-se-á que aceitou o direito) de aplicar os presentes TDS contra o Utilizador em relação ao Software Compatível com Apple como beneficiário terceiro do mesmo.
Ligações a Outros Sites.
O Serviço poderá conter ligações a sites externos. Estas ligações são fornecidas unicamente para conveniência do Utilizador e não como aval da RiseSmart desses conteúdos em tais sites externos. A RiseSmart não se responsabiliza pelos conteúdos de sites externos nas suas ligações e não fornece quaisquer promessas relativamente aos conteúdos ou precisão dos materiais nesses sites externos. Se o Utilizador optar por aceder a sites externos através das ligações, fá-lo-á por sua própria conta e risco.
Dispositivos Móveis.
Se o Utilizador usar o Serviço através de um dispositivo móvel, aceita que informações sobre o seu uso do Serviço através do seu dispositivo móvel e da sua operadora poderão ser comunicadas à RiseSmart, incluindo, mas não limitado à sua operadora de rede móvel, o seu dispositivo móvel ou a sua localização física. Para além disso, o uso do Serviço através de um dispositivo móvel poderá fazer com que dados sejam apresentados através do dispositivo móvel do Utilizador. Ao aceder ao Serviço através de um dispositivo móvel, o Utilizador declara que, ao importar quaisquer dados seus da RiseSmart para o seu dispositivo móvel, está autorizado a partilhar os dados transferidos com a sua operadora de rede móvel ou outro fornecedor de acesso. No caso de alterar ou desativar o seu dispositivo móvel/conta de rede móvel, o Utilizador deverá assegurar que a sua conta (e quaisquer mensagens relacionadas (conforme aplicável)), não sejam acedidas por outros (ou enviadas para outros), assumindo plena responsabilidade se não o fizer. O Utilizador reconhece que é responsável por todas as taxas e permissões necessárias relacionadas com o acesso ao Serviço através do seu dispositivo móvel e fornecedor de rede móvel. Como tal, o
Utilizador deverá solicitar ao fornecedor os termos desses serviços para o seu dispositivo móvel específico. Ao usar qualquer aplicação transferível para possibilitar esse uso do Serviço, o Utilizador confirma explicitamente a sua aceitação dos termos do Contrato de Licença de Utilizador Final associado à aplicação fornecida durante a transferência ou instalação, ou conforme atualizado periodicamente.
Entra em vigor a 18 de janeiro de 2019
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O Utilizador pode definir que o seu browser deve bloquear ou alertar o Utilizador relativamente a estes cookies, mas algumas partes do site não funcionarão. Estes cookies não armazenam quaisquer informações que permitam uma identificação pessoal.
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Todas as informações que estes cookies recolhem são agregadas e, como tal, anónimas. Se o Utilizador não permitir estes cookies, não saberemos quando o Utilizador visitou o nosso site, e não poderemos monitorizar o desempenho do site.
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bing.com MUID
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POLÍTICA DE PRIVACIDADE DA RISESMART
A RiseSmart, Inc. e a suas afiliadas (designadas coletivamente de “RiseSmart”) fornece o seu Serviço (conforme definido infra) ao Utilizador através de sites controlados pela RiseSmart (incluindo, sem restrições, o site situado em http://www.RiseSmart.com) (coletivamente, o “Site”), sujeito aos presentes Termos de Serviço (localizados em http://www.RiseSmart.com/terms-conditions) (os “TDS”) e a presente Política de Privacidade. O “Serviço” inclui:
o Site,
os serviços de recolocação e gestão de carreira da RiseSmart, e outros serviços relacionados (incluindo serviços de gestão de arquivos e analítica), e tecnologias relacionadas, e
todo o software (incluindo o Software, conforme definido infra), materiais, portais, recomendações, anúncios de emprego, dados, relatórios, texto, imagens, sons, vídeo, analítica e outros conteúdos disponibilizados através de qualquer um dos meios referidos supra (designados coletivamente de “Conteúdos”).
A RiseSmart é o controlador de dados para todas as informações recolhidas e processadas através do serviço. Quaisquer novas funcionalidades adicionadas ou que aumentem o serviço estão igualmente sujeitas aos presentes TDS e à presente Política de Privacidade. A presente Política de Privacidade estabelece a política da RiseSmart relativamente a dados que permitam a identificação pessoal (“Dados Pessoais”) e outras informações que são recolhidas, transmitidas e de outro modo usadas em relação ao serviço. Os dados anónimos, que poderão ser recolhidos durante o uso do serviço por parte do Utilizador, não estão incluídos nos “Dados Pessoais.”
Consentimento do Utilizador
Ao fornecer voluntariamente à RiseSmart Dados Pessoais ou usar o serviço de outro modo, o Utilizador aceita e consente que a RiseSmart recolha, transmita e use os Dados Pessoais e outras informações do Utilizador conforme resumido abaixo na presente Política de Privacidade e quaisquer outros avisos que a RiseSmart possa fornecer ao Utilizador periodicamente em relação ao serviço. O Utilizador tem o direito de revogar este consentimento e solicitar que as informações que forneceu à RiseSmart sejam eliminadas.
Dados Pessoais Recebidos do Utilizador
Se o Utilizador optar por usar o serviço, a RiseSmart poderá pedir e exigir ao Utilizador que forneça Dados Pessoais diretamente à RiseSmart. A RiseSmart poderá receber do Utilizador:
o seu nome, título do cargo atual ou mais recente, nome da empresa, números de telefone, morada, endereço de e-mail e outras informações de identificação ou contacto;
percurso profissional do Utilizador e outras experiências, escolaridade e formação, outras qualificações, objetivos de emprego, expectativas salariais, interesses e outras informações de carreira e biográficas;
informações sobre o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira; e
informações sobre a satisfação dos clientes do Utilizador ou outro feedback sobre o desenvolvimento de carreira do Utilizador, a pesquisa de emprego do Utilizador e o Serviço.
Para além disso, quando o Utilizador interage com a RiseSmart através do Serviço, a RiseSmart poderá recolher outros Dados Pessoais e informações do Utilizador, nomeadamente quando o Utilizador contactar a RiseSmart com perguntas ou responder a um dos inquéritos da RiseSmart.
Será pedido ao Utilizador que forneça os seus Dados Pessoais através de diferentes canais do Serviço, incluindo através da ativação da sua conta para o Serviço, via registo online ou em papel, do seu currículo, de listas de verificação e questionários que o Utilizador preencha para a RiseSmart, sessões de formação e aconselhamento, debates, troca de e-mail e outros canais. O Serviço poderá também recolher o endereço IP (Protocolo da Internet) do Utilizador.
Para a conta web pessoal que o Utilizador poderá estabelecer no Serviço, a RiseSmart poderá pedir ao Utilizador para estabelecer um nome de utilizador exclusivo, uma palavra-chave e pergunta de segurança e usar estas informações de início de sessão para entrar na sua conta. O Utilizador aceita guardar sigilo das informações de nome de utilizador, palavra-chave e pergunta de segurança do Utilizador, e se o Utilizador não guardar sigilo, será plenamente responsável por qualquer uso, roubo, modificação, uso incorreto, divulgação ou outra perda relacionada com os Dados Pessoais ou outras informações do Utilizador.
O Utilizador tem o direito de acesso aos dados que forneceu à RiseSmart. Os pedidos de acesso podem ser enviados para user.support@risesmart.com. A RiseSmart responderá aos pedidos de acesso num prazo de 30 dias.
Dados Pessoais Recebidos de uma Empresa Cliente
O Utilizador reconhece que uma empresa cliente da RiseSmart poderá interagir com a RiseSmart para prestar assistência:
a colaboradores atuais e/ou antigos do cliente empresarial, que tenham cessado ou venham a cessar as suas funções na empresa cliente, na sua procura de emprego através do Serviço (“Assistência à Recolocação”); ou
colaboradores atuais do cliente da empresa com desenvolvimento de carreira através do Serviço (“Assistência ao Desenvolvimento de Carreira”), ((a) e (b)) designados coletivamente de “Interações de Empresa Cliente”).
Nas Interações de Empresa Cliente, a RiseSmart recebe da empresa cliente uma lista de pessoas elegíveis para o Serviço. Se o Utilizador for elegível, a lista da empresa cliente poderá incluir o nome do Utilizador, a designação do seu cargo atual ou recente, morada, número de telefone, endereço de e-mail, departamento ou unidade de negócio e outros Dados Pessoais.
A RiseSmart processa os dados do Utilizador desta forma para o seu interesse legítimo em fornecer ao Utilizador um serviço disponibilizado pelo empregador, atual, ou anterior do mesmo. A RiseSmart usa os Dados Pessoais recebidos de empresas cliente apenas para contactar participantes elegíveis.
Transferências Internacionais de Dados Pessoais
Se o Utilizador ou a empresa cliente fornecerem Dados Pessoais em relação ao Serviço, o Utilizador reconhece e aceita que esses Dados Pessoais poderão ser transferidos da localização atual do Utilizador ou da empresa cliente para os escritórios e servidores da RiseSmart e dos terceiros autorizados, referidos no presente documento, localizados nos Estados Unidos ou outros países.
Outras Informações e Uso de Cookies
Quando o Utilizador interage com RiseSmart através do Serviço, a RiseSmart recebe e armazena determinadas informações que não permitem uma identificação pessoal.
Tais informações, recolhidas de forma passiva através de diversas tecnologias, não podem atualmente ser usadas para identificar concretamente o Utilizador. Para além disso, o Serviço poderá recolher outras informações que não permitem uma identificação pessoal como parte da funcionalidade do Serviço (por exemplo, o levantamento de respostas a questionários que não contêm informações que permitam uma identificação pessoal). A RiseSmart poderá armazenar essas informações ela própria ou essas informações poderão ser incluídas em bases de dados detidas e mantidas por agentes ou fornecedores de serviço da RiseSmart. O Serviço poderá usar essas informações e agregá-las com outras informações para monitorizar, por exemplo, o número total de visitantes do Site ou Serviço, o número de visitantes em cada página do Site ou Serviço e os nomes de domínio dos fornecedores de serviços e internet dos visitantes da RiseSmart. É importante notar que não estão disponíveis nem são usados Dados Pessoais neste processo, exceto quando o Utilizador ou a empresa cliente os fornecer voluntariamente, conforme definido supra.
Ao operar o Serviço, a RiseSmart poderá usar uma tecnologia chamada "cookies". Um cookie contém informações que o computador que aloja o Serviço fornece ao browser do Utilizador quando esse acede o Serviço. Os cookies da RiseSmart ajudam a fornecer funcionalidades adicionais ao Serviço e ajudam a RiseSmart a analisar a utilização do Serviço de forma mais concisa. Por exemplo, o Serviço poderá definir um cookie no browser do Utilizador que permite ao Utilizador aceder ao Serviço sem ter que introduzir uma palavra-chave mais do que uma vez durante a sua visita ao Serviço. Em todos os casos em que a RiseSmart utiliza cookies, a RiseSmart não irá recolher dados pessoais, exceto com a permissão do Utilizador.
A RiseSmart poderá (permitir fornecedores de serviço externos) usar tais cookies ou tecnologias semelhantes para recolher informações sobre as atividades de navegação do Utilizador ao longo do tempo e em diferentes sites, ao seguir o uso por parte do Utilizador do Serviço. O nosso Serviço não responde atualmente a sinais DNT (Do Not Track - Não Controlar) e funciona conforme descrito na presente Política de Privacidade, quer um sinal DNT seja recebido ou não. Se a RiseSmart o fizer no futuro, será incluída uma descrição de como o fará, na presente Política de Privacidade.
Partilha de Informações com Empresas Cliente
Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência à Recolocação, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e o estado atual do uso do Serviço pelo Utilizador, o volume do seu uso do Serviço, o seu progresso por etapas e o seu estado atual na procura de emprego, a satisfação dos seus clientes ou outro feedback relacionado com o Serviço, de forma individual para cada caso ou de um modo agregado. Periodicamente, a RiseSmart poderá disponibilizar ao Utilizador ferramentas que permitam o ajuste dos Dados de Progresso de Recolocação que a RiseSmart tenha permissão para partilhar com a empresa cliente. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência ao Desenvolvimento de Carreira, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e indiquem o estado atual do uso do Serviço pelo Utilizador, o âmbito do seu uso do Serviço, o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira, a satisfação dos seus clientes ou outro feedback relacionados com o Serviço, de forma individual para cada caso ou de um modo agregado. Periodicamente, a RiseSmart poderá disponibilizar ao Utilizador ferramentas que permitam o ajuste dos Dados de Progresso de Desenvolvimento de Carreira, para os quais a RiseSmart tenha permissão para partilhar com a empresa cliente. Se o Utilizador tiver perguntas ou questões relativas aos Dados de Progresso de Recolocação ou Dados de Progresso de Assistência à Carreira que a RiseSmart possa partilhar com a empresa cliente, deverá contactar user.support@risesmart.com (ver informações infra).
Outros Usos e Compartilhamento dos Dados do Utilizador
No âmbito do Serviço, a RiseSmart poderá recolher, transmitir e usar os Dados
Pessoais e outras informações do Utilizador para o fim de fornecer o Serviço ao Utilizador, incluindo, sem limitação, para determinar a assistência específica que o Utilizador pretende obter do Serviço e, se o Utilizador for candidato a emprego, para fornecer ao Utilizador anúncios de emprego, formação de pesquisa de emprego, assistência na redação de currículos e/ou outra assistência. A RiseSmart poderá também usar os Dados Pessoais e outras informações do Utilizador:
para identificar e autenticar o Utilizador, por exemplo, para o acesso do Utilizador à sua conta do Serviço e a sua comunicação com colaboradores da RiseSmart; ou
internamente para escalar ou ajustar a atividade do Serviço da RiseSmart para a conta do Utilizador, reportar o desempenho do Serviço internamente à administração da RiseSmart, realizar ações de formação interna e gerir de outro modo a atividade da RiseSmart.
Ademais, se o Utilizador fornecer Dados Pessoais ou outras informações por uma determinada razão, a RiseSmart poderá usar os Dados Pessoais ou outras informações em relação à razão para a qual foram fornecidos. Por exemplo, se o Utilizador contactar a RiseSmart por e-mail, a RiseSmart irá usar os Dados Pessoais que o Utilizador fornecer para responder à pergunta do Utilizador ou resolver o seu problema.
A RiseSmart poderá também usar e partilhar os Dados Pessoais e outras informações do Utilizador recolhidas através do Serviço, da seguinte forma:
A RiseSmart poderá usar os Dados Pessoais e outras informações do Utilizador para ajudar a RiseSmart a melhorar o Conteúdo e a funcionalidade do Serviço, compreender melhor os utilizadores da RiseSmart e melhorar o Serviço.
À medida que a RiseSmart desenvolve o seu negócio, a RiseSmart poderá vender ou adquirir empresas ou recursos. No evento de uma venda de empresa, de uma fusão, reorganização, dissolução ou semelhante evento, os Dados Pessoais e outras informações poderão fazer parte dos recursos transferidos.
A RiseSmart poderá partilhar os Dados Pessoais e outras informações do Utilizador com os afiliados da RiseSmart, para fins consistentes com a presente Política de Privacidade.
Como muitas empresas, a RiseSmart interage pontualmente com outras empresas para a realização de determinadas funções relacionadas com a sua atividade, incluindo funções analíticas. Quando a RiseSmart interage com outra empresa para a realização de uma função em seu nome, a RiseSmart poderá fornecer a essa empresa Dados Pessoais e outras informações do Utilizador até à extensão necessária ou útil para que a empresa possa realizar a sua função específica. Estes fornecedores de serviço incluem empresas que alojam os nossos servidores, fornecem as nossas ferramentas para a administração de clientes, fornecem ferramentas de comunicação e fornecem serviços para ajudar a detetar e prevenir fraudes.
A RiseSmart poderá divulgar os Dados Pessoais e outras informações do Utilizador se for obrigada a tal por lei ou se tal for necessário para:
cumprimento de obrigação jurídica;
proteger e defender os direitos ou a propriedade da RiseSmart;
agir em circunstâncias urgentes para proteger a segurança pessoal de utilizadores do Serviço ou o público; ou
proteger de responsabilidade jurídica.
Dados Pessoais Agregados
Como parte de um esforço contínuo para compreender e servir melhor os utilizadores do Serviço, a RiseSmart realiza com frequência estudos da demografia, interesses, resultados e comportamento dos seus utilizadores com base nos Dados Pessoais e outras informações fornecidas à RiseSmart. Estes estudos e outros indicadores ou análises do comportamento, resultados, ou críticas dos utilizadores poderão ser compilados e analisados de forma agregada, e a RiseSmart poderá compartilhar estes dados agregados com os seus afiliados, agentes e parceiros comerciais. Estes dados agregados não identificam o Utilizador pessoalmente. A RiseSmart poderá também divulgar estatísticas agregadas sobre os utilizadores para descrever os serviços da RiseSmart a parceiros comerciais atuais e potenciais, e a terceiros para outros fins legítimos.
Gestão das Informações
A RiseSmart poderá receber ou introduzir todos os Dados Pessoais ou outras informações do Utilizador em forma digital. A RiseSmart poderá combinar todos os Dados Pessoais e outras informações de ou sobre o Utilizador num único registo de base de dados proprietário, e poderá armazená-los em servidores alojados nos Estados Unidos ou em outros países. O Utilizador tem o direito que os Dados Pessoais que a RiseSmart possuir sobre si estejam corretos. Para assegurar esse direito, a RiseSmart poderá pedir e exigir que o Utilizador confirme o resumo dos Dados Pessoais e outras informações do Utilizador na sua conta, e confirme ou corrija as informações.
Os colaboradores da RiseSmart poderão aceder à conta do Utilizador, determinar necessidades de ação e, se o Utilizador for candidato a emprego, publicar anúncios de emprego na conta do Utilizador, a partir de qualquer localização do escritório, em viagem ou em trabalho.
A RiseSmart toma medidas razoáveis para proteger os Dados Pessoais e outras informações fornecidas através do Serviço de: perda, uso incorreto e acesso não autorizado, divulgação, modificação ou destruição. Contudo, não existem transmissões pela Internet ou por e-mail que sejam totalmente seguras ou isentas de erros. Especialmente, as transmissões por e-mail ou outros meios para ou pelo Serviço poderão não ser seguras. Como tal, o Utilizador deverá ponderar atentamente quando escolher o tipo de informações que enviar à RiseSmart por e-mail ou qualquer outro meio de transmissão.
Ligações a Outros Sites
A presente Política de Privacidade aplica-se apenas ao Serviço. O Serviço poderá conter ligações a sites externos. As políticas e procedimentos aqui descritas não se aplicam aos Sites Externos. As ligações a partir do Serviço não implicam que a RiseSmart aprove ou tenha revisto os sites externos. A RiseSmart sugere contactar esses sites diretamente para informações sobre as suas políticas de privacidade.
Informações Públicas
Se o Utilizador fornecer dados pessoais não solicitados à RiseSmart através do Serviço ou através de qualquer outro meio, por exemplo, ao publicar informações em áreas públicas do Serviço, essas informações não solicitadas são consideradas não confidenciais. A RiseSmart poderá reproduzir, usar, divulgar e distribuir tais informações não solicitadas a outros sem limitação ou atribuição. Quaisquer informações publicadas numa área pública poderão ser acedidas e guardadas por qualquer pessoa no mundo que tenha acesso ao site.
Menores
A RiseSmart não se destina a menores de 13 anos e a RiseSmart não irá recolher as suas informações.
Alterações à presente Política de Privacidade
O Serviço e a atividade da RiseSmart poderão mudar periodicamente. Como tal, por vezes poderá ser necessário que a RiseSmart faça alterações à presente Política de Privacidade. A RiseSmart reserva o direito de atualizar ou modificar a presente Política de Privacidade em qualquer altura e periodicamente sem aviso prévio. O Utilizador deve conferir a presente política periodicamente, nomeadamente antes de fornecer
quaisquer Dados Pessoais. A presente Política de Privacidade foi atualizada pela última vez à data indicada infra. O uso contínuo do Serviço por parte do Utilizador após quaisquer alterações ou revisões da presente Política de Privacidade indicará que o Utilizador concorda com os termos da Política de Privacidade revista.
Contactar a RiseSmart
Para assegurar que os Dados Pessoais do Utilizador estão corretos, atuais e completos, o Utilizador deve contactar a RiseSmart conforme especificado infra. A RiseSmart tomará as medidas razoáveis para atualizar ou corrigir os Dados Pessoais que estejam na sua posse e que o Utilizador tenha submetido anteriormente através do Serviço.
No caso do Utilizador ter problemas ou perguntas relacionadas com a presente Política de Privacidade ou assuntos de privacidade relacionados, poderá contactar o responsável da RiseSmart pela privacidade através da seguinte endereço:
Privacy Office RiseSmart Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113 - EUA
Os utilizadores no Espaço Econômico Europeu (EEE) e na Suíça têm o direito de apresentar uma queixa à autoridade supervisora para a proteção de dados no seu país.
POLÍTICA DE PRIVACIDADE DA RISESMART
Effective October 30th 2020
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POLÍTICA DE PRIVACIDADE DA RISESMART
A RiseSmart, Inc. e a suas afiliadas (designadas coletivamente de “RiseSmart”) fornece o seu Serviço (conforme definido infra) ao Utilizador através de sites controlados pela RiseSmart (incluindo, sem restrições, o site situado em http://www.RiseSmart.com) (coletivamente, o “Site”), sujeito aos presentes Termos de Serviço (localizados em http://www.RiseSmart.com/terms-conditions) (os “TDS”) e a presente Política de Privacidade. O “Serviço” inclui:
- o Site,
- os serviços de recolocação e gestão de carreira da RiseSmart, e outros serviços relacionados (incluindo serviços de gestão de arquivos e analítica), e tecnologias relacionadas, e
- todo o software (incluindo o Software, conforme definido infra), materiais, portais, recomendações, anúncios de emprego, dados, relatórios, texto, imagens, sons, vídeo, analítica e outros conteúdos disponibilizados através de qualquer um dos meios referidos supra (designados coletivamente de “Conteúdos”).
A RiseSmart é o controlador de dados para todas as informações recolhidas e processadas através do serviço. Quaisquer novas funcionalidades adicionadas ou que aumentem o serviço estão igualmente sujeitas aos presentes TDS e à presente Política de Privacidade. A presente Política de Privacidade estabelece a política da RiseSmart relativamente a dados que permitam a identificação pessoal (“Dados Pessoais”) e outras informações que são recolhidas, transmitidas e de outro modo usadas em relação ao serviço. Os dados anónimos, que poderão ser recolhidos durante o uso do serviço por parte do Utilizador, não estão incluídos nos “Dados Pessoais.”
Consentimento do Utilizador
Ao fornecer voluntariamente à RiseSmart Dados Pessoais ou usar o serviço de outro modo, o Utilizador aceita e consente que a RiseSmart recolha, transmita e use os Dados Pessoais e outras informações do Utilizador conforme resumido abaixo na presente Política de Privacidade e quaisquer outros avisos que a RiseSmart possa fornecer ao Utilizador periodicamente em relação ao serviço. O Utilizador tem o direito de revogar este consentimento e solicitar que as informações que forneceu à RiseSmart sejam eliminadas.
Dados Pessoais Recebidos do Utilizador
Se o Utilizador optar por usar o serviço, a RiseSmart poderá pedir e exigir ao Utilizador que forneça Dados Pessoais diretamente à RiseSmart. A RiseSmart poderá receber do Utilizador:
o seu nome, título do cargo atual ou mais recente, nome da empresa, números de telefone, morada, endereço de e-mail e outras informações de identificação ou contacto;
percurso profissional do Utilizador e outras experiências, escolaridade e formação, outras qualificações, objetivos de emprego, expectativas salariais, interesses e outras informações de carreira e biográficas;
informações sobre o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira; e
informações sobre a satisfação dos clientes do Utilizador ou outro feedback sobre o desenvolvimento de carreira do Utilizador, a pesquisa de emprego do Utilizador e o Serviço.
Para além disso, quando o Utilizador interage com a RiseSmart através do Serviço, a RiseSmart poderá recolher outros Dados Pessoais e informações do Utilizador, nomeadamente quando o Utilizador contactar a RiseSmart com perguntas ou responder a um dos inquéritos da RiseSmart.
Será pedido ao Utilizador que forneça os seus Dados Pessoais através de diferentes canais do Serviço, incluindo através da ativação da sua conta para o Serviço, via registo online ou em papel, do seu currículo, de listas de verificação e questionários que o Utilizador preencha para a RiseSmart, sessões de formação e aconselhamento, debates, troca de e-mail e outros canais. O Serviço poderá também recolher o endereço IP (Protocolo da Internet) do Utilizador.
Para a conta web pessoal que o Utilizador poderá estabelecer no Serviço, a RiseSmart poderá pedir ao Utilizador para estabelecer um nome de utilizador exclusivo, uma palavra-chave e pergunta de segurança e usar estas informações de início de sessão para entrar na sua conta. O Utilizador aceita guardar sigilo das informações de nome de utilizador, palavra-chave e pergunta de segurança do Utilizador, e se o Utilizador não guardar sigilo, será plenamente responsável por qualquer uso, roubo, modificação, uso incorreto, divulgação ou outra perda relacionada com os Dados Pessoais ou outras informações do Utilizador.
O Utilizador tem o direito de acesso aos dados que forneceu à RiseSmart. Os pedidos de acesso podem ser enviados para user.support@risesmart.com. A RiseSmart responderá aos pedidos de acesso num prazo de 30 dias.
Dados Pessoais Recebidos de uma Empresa Cliente
O Utilizador reconhece que uma empresa cliente da RiseSmart poderá interagir com a RiseSmart para prestar assistência:
- a colaboradores atuais e/ou antigos do cliente empresarial, que tenham cessado ou venham a cessar as suas funções na empresa cliente, na sua procura de emprego através do Serviço (“Assistência à Recolocação”); ou
- colaboradores atuais do cliente da empresa com desenvolvimento de carreira através do Serviço (“Assistência ao Desenvolvimento de Carreira”), ((a) e (b)) designados coletivamente de “Interações de Empresa Cliente”).
Nas Interações de Empresa Cliente, a RiseSmart recebe da empresa cliente uma lista de pessoas elegíveis para o Serviço. Se o Utilizador for elegível, a lista da empresa cliente poderá incluir o nome do Utilizador, a designação do seu cargo atual ou recente, morada, número de telefone, endereço de e-mail, departamento ou unidade de negócio e outros Dados Pessoais.
A RiseSmart processa os dados do Utilizador desta forma para o seu interesse legítimo em fornecer ao Utilizador um serviço disponibilizado pelo empregador, atual, ou anterior do mesmo. A RiseSmart usa os Dados Pessoais recebidos de empresas cliente apenas para contactar participantes elegíveis.
Transferências Internacionais de Dados Pessoais
Se o Utilizador ou a empresa cliente fornecerem Dados Pessoais em relação ao Serviço, o Utilizador reconhece e aceita que esses Dados Pessoais poderão ser transferidos da localização atual do Utilizador ou da empresa cliente para os escritórios e servidores da RiseSmart e dos terceiros autorizados, referidos no presente documento, localizados nos Estados Unidos ou outros países.
Outras Informações e Uso de Cookies
Quando o Utilizador interage com RiseSmart através do Serviço, a RiseSmart recebe e armazena determinadas informações que não permitem uma identificação pessoal.
Tais informações, recolhidas de forma passiva através de diversas tecnologias, não podem atualmente ser usadas para identificar concretamente o Utilizador. Para além disso, o Serviço poderá recolher outras informações que não permitem uma identificação pessoal como parte da funcionalidade do Serviço (por exemplo, o levantamento de respostas a questionários que não contêm informações que permitam uma identificação pessoal). A RiseSmart poderá armazenar essas informações ela própria ou essas informações poderão ser incluídas em bases de dados detidas e mantidas por agentes ou fornecedores de serviço da RiseSmart. O Serviço poderá usar essas informações e agregá-las com outras informações para monitorizar, por exemplo, o número total de visitantes do Site ou Serviço, o número de visitantes em cada página do Site ou Serviço e os nomes de domínio dos fornecedores de serviços e internet dos visitantes da RiseSmart. É importante notar que não estão disponíveis nem são usados Dados Pessoais neste processo, exceto quando o Utilizador ou a empresa cliente os fornecer voluntariamente, conforme definido supra.
Ao operar o Serviço, a RiseSmart poderá usar uma tecnologia chamada "cookies". Um cookie contém informações que o computador que aloja o Serviço fornece ao browser do Utilizador quando esse acede o Serviço. Os cookies da RiseSmart ajudam a fornecer funcionalidades adicionais ao Serviço e ajudam a RiseSmart a analisar a utilização do Serviço de forma mais concisa. Por exemplo, o Serviço poderá definir um cookie no browser do Utilizador que permite ao Utilizador aceder ao Serviço sem ter que introduzir uma palavra-chave mais do que uma vez durante a sua visita ao Serviço. Em todos os casos em que a RiseSmart utiliza cookies, a RiseSmart não irá recolher dados pessoais, exceto com a permissão do Utilizador.
A RiseSmart poderá (permitir fornecedores de serviço externos) usar tais cookies ou tecnologias semelhantes para recolher informações sobre as atividades de navegação do Utilizador ao longo do tempo e em diferentes sites, ao seguir o uso por parte do Utilizador do Serviço. O nosso Serviço não responde atualmente a sinais DNT (Do Not Track - Não Controlar) e funciona conforme descrito na presente Política de Privacidade, quer um sinal DNT seja recebido ou não. Se a RiseSmart o fizer no futuro, será incluída uma descrição de como o fará, na presente Política de Privacidade.
Partilha de Informações com Empresas Cliente
Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência à Recolocação, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e o estado atual do uso do Serviço pelo Utilizador, o volume do seu uso do Serviço, o seu progresso por etapas e o seu estado atual na procura de emprego, a satisfação dos seus clientes ou outro feedback relacionado com o Serviço, de forma individual para cada caso ou de um modo agregado. Periodicamente, a RiseSmart poderá disponibilizar ao Utilizador ferramentas que permitam o ajuste dos Dados de Progresso de Recolocação que a RiseSmart tenha permissão para partilhar com a empresa cliente. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência ao Desenvolvimento de Carreira, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e indiquem o estado atual do uso do Serviço pelo Utilizador, o âmbito do seu uso do Serviço, o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira, a satisfação dos seus clientes ou outro feedback relacionados com o Serviço, de forma individual para cada caso ou de um modo agregado. Periodicamente, a RiseSmart poderá disponibilizar ao Utilizador ferramentas que permitam o ajuste dos Dados de Progresso de Desenvolvimento de Carreira, para os quais a RiseSmart tenha permissão para partilhar com a empresa cliente. Se o Utilizador tiver perguntas ou questões relativas aos Dados de Progresso de Recolocação ou Dados de Progresso de Assistência à Carreira que a RiseSmart possa partilhar com a empresa cliente, deverá contactar user.support@risesmart.com (ver informações infra).
Outros Usos e Compartilhamento dos Dados do Utilizador
No âmbito do Serviço, a RiseSmart poderá recolher, transmitir e usar os Dados
Pessoais e outras informações do Utilizador para o fim de fornecer o Serviço ao Utilizador, incluindo, sem limitação, para determinar a assistência específica que o Utilizador pretende obter do Serviço e, se o Utilizador for candidato a emprego, para fornecer ao Utilizador anúncios de emprego, formação de pesquisa de emprego, assistência na redação de currículos e/ou outra assistência. A RiseSmart poderá também usar os Dados Pessoais e outras informações do Utilizador:
- para identificar e autenticar o Utilizador, por exemplo, para o acesso do Utilizador à sua conta do Serviço e a sua comunicação com colaboradores da RiseSmart; ou
- internamente para escalar ou ajustar a atividade do Serviço da RiseSmart para a conta do Utilizador, reportar o desempenho do Serviço internamente à administração da RiseSmart, realizar ações de formação interna e gerir de outro modo a atividade da RiseSmart.
Ademais, se o Utilizador fornecer Dados Pessoais ou outras informações por uma determinada razão, a RiseSmart poderá usar os Dados Pessoais ou outras informações em relação à razão para a qual foram fornecidos. Por exemplo, se o Utilizador contactar a RiseSmart por e-mail, a RiseSmart irá usar os Dados Pessoais que o Utilizador fornecer para responder à pergunta do Utilizador ou resolver o seu problema.
A RiseSmart poderá também usar e partilhar os Dados Pessoais e outras informações do Utilizador recolhidas através do Serviço, da seguinte forma:
A RiseSmart poderá usar os Dados Pessoais e outras informações do Utilizador para ajudar a RiseSmart a melhorar o Conteúdo e a funcionalidade do Serviço, compreender melhor os utilizadores da RiseSmart e melhorar o Serviço.
À medida que a RiseSmart desenvolve o seu negócio, a RiseSmart poderá vender ou adquirir empresas ou recursos. No evento de uma venda de empresa, de uma fusão, reorganização, dissolução ou semelhante evento, os Dados Pessoais e outras informações poderão fazer parte dos recursos transferidos.
A RiseSmart poderá partilhar os Dados Pessoais e outras informações do Utilizador com os afiliados da RiseSmart, para fins consistentes com a presente Política de Privacidade.
Como muitas empresas, a RiseSmart interage pontualmente com outras empresas para a realização de determinadas funções relacionadas com a sua atividade, incluindo funções analíticas. Quando a RiseSmart interage com outra empresa para a realização de uma função em seu nome, a RiseSmart poderá fornecer a essa empresa Dados Pessoais e outras informações do Utilizador até à extensão necessária ou útil para que a empresa possa realizar a sua função específica. Estes fornecedores de serviço incluem empresas que alojam os nossos servidores, fornecem as nossas ferramentas para a administração de clientes, fornecem ferramentas de comunicação e fornecem serviços para ajudar a detetar e prevenir fraudes.
A RiseSmart poderá divulgar os Dados Pessoais e outras informações do Utilizador se for obrigada a tal por lei ou se tal for necessário para:
- cumprimento de obrigação jurídica;
- proteger e defender os direitos ou a propriedade da RiseSmart;
- agir em circunstâncias urgentes para proteger a segurança pessoal de utilizadores do Serviço ou o público; ou
- proteger de responsabilidade jurídica.
Dados Pessoais Agregados
Como parte de um esforço contínuo para compreender e servir melhor os utilizadores do Serviço, a RiseSmart realiza com frequência estudos da demografia, interesses, resultados e comportamento dos seus utilizadores com base nos Dados Pessoais e outras informações fornecidas à RiseSmart. Estes estudos e outros indicadores ou análises do comportamento, resultados, ou críticas dos utilizadores poderão ser compilados e analisados de forma agregada, e a RiseSmart poderá compartilhar estes dados agregados com os seus afiliados, agentes e parceiros comerciais. Estes dados agregados não identificam o Utilizador pessoalmente. A RiseSmart poderá também divulgar estatísticas agregadas sobre os utilizadores para descrever os serviços da RiseSmart a parceiros comerciais atuais e potenciais, e a terceiros para outros fins legítimos.
Gestão das Informações
A RiseSmart poderá receber ou introduzir todos os Dados Pessoais ou outras informações do Utilizador em forma digital. A RiseSmart poderá combinar todos os Dados Pessoais e outras informações de ou sobre o Utilizador num único registo de base de dados proprietário, e poderá armazená-los em servidores alojados nos Estados Unidos ou em outros países. O Utilizador tem o direito que os Dados Pessoais que a RiseSmart possuir sobre si estejam corretos. Para assegurar esse direito, a RiseSmart poderá pedir e exigir que o Utilizador confirme o resumo dos Dados Pessoais e outras informações do Utilizador na sua conta, e confirme ou corrija as informações.
Os colaboradores da RiseSmart poderão aceder à conta do Utilizador, determinar necessidades de ação e, se o Utilizador for candidato a emprego, publicar anúncios de emprego na conta do Utilizador, a partir de qualquer localização do escritório, em viagem ou em trabalho.
A RiseSmart toma medidas razoáveis para proteger os Dados Pessoais e outras informações fornecidas através do Serviço de: perda, uso incorreto e acesso não autorizado, divulgação, modificação ou destruição. Contudo, não existem transmissões pela Internet ou por e-mail que sejam totalmente seguras ou isentas de erros. Especialmente, as transmissões por e-mail ou outros meios para ou pelo Serviço poderão não ser seguras. Como tal, o Utilizador deverá ponderar atentamente quando escolher o tipo de informações que enviar à RiseSmart por e-mail ou qualquer outro meio de transmissão.
Ligações a Outros Sites
A presente Política de Privacidade aplica-se apenas ao Serviço. O Serviço poderá conter ligações a sites externos. As políticas e procedimentos aqui descritas não se aplicam aos Sites Externos. As ligações a partir do Serviço não implicam que a RiseSmart aprove ou tenha revisto os sites externos. A RiseSmart sugere contactar esses sites diretamente para informações sobre as suas políticas de privacidade.
Informações Públicas
Se o Utilizador fornecer dados pessoais não solicitados à RiseSmart através do Serviço ou através de qualquer outro meio, por exemplo, ao publicar informações em áreas públicas do Serviço, essas informações não solicitadas são consideradas não confidenciais. A RiseSmart poderá reproduzir, usar, divulgar e distribuir tais informações não solicitadas a outros sem limitação ou atribuição. Quaisquer informações publicadas numa área pública poderão ser acedidas e guardadas por qualquer pessoa no mundo que tenha acesso ao site.
Menores
A RiseSmart não se destina a menores de 13 anos e a RiseSmart não irá recolher as suas informações.
Alterações à presente Política de Privacidade
O Serviço e a atividade da RiseSmart poderão mudar periodicamente. Como tal, por vezes poderá ser necessário que a RiseSmart faça alterações à presente Política de Privacidade. A RiseSmart reserva o direito de atualizar ou modificar a presente Política de Privacidade em qualquer altura e periodicamente sem aviso prévio. O Utilizador deve conferir a presente política periodicamente, nomeadamente antes de fornecer
quaisquer Dados Pessoais. A presente Política de Privacidade foi atualizada pela última vez à data indicada infra. O uso contínuo do Serviço por parte do Utilizador após quaisquer alterações ou revisões da presente Política de Privacidade indicará que o Utilizador concorda com os termos da Política de Privacidade revista.
Contactar a RiseSmart
Para assegurar que os Dados Pessoais do Utilizador estão corretos, atuais e completos, o Utilizador deve contactar a RiseSmart conforme especificado infra. A RiseSmart tomará as medidas razoáveis para atualizar ou corrigir os Dados Pessoais que estejam na sua posse e que o Utilizador tenha submetido anteriormente através do Serviço.
No caso do Utilizador ter problemas ou perguntas relacionadas com a presente Política de Privacidade ou assuntos de privacidade relacionados, poderá contactar o responsável da RiseSmart pela privacidade através da seguinte endereço:
Privacy Office RiseSmart Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113 - EUA
E-mail: user.support@risesmart.com
Os utilizadores no Espaço Econômico Europeu (EEE) e na Suíça têm o direito de apresentar uma queixa à autoridade supervisora para a proteção de dados no seu país.
Entra em vigor em 18 de janeiro de 2019
Cookies Rigorosamente Necessários
Effective October 30th 2020
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Cookies Rigorosamente Necessários
Estes cookies são necessários para o site funcionar e não podem ser desativados nos nossos sistemas. Geralmente, são definidos apenas em resposta a ações efetuadas pelo Utilizador que se traduzam num pedido de serviços, tais como definir as preferências de privacidade do Utilizador, iniciar sessão ou preencher formulários.
O Utilizador pode definir que o seu browser bloqueie estes cookies ou o alerte relativamente a eles, mas algumas partes do site deixarão de funcionar. Estes cookies não armazenam quaisquer informações que permitam uma identificação pessoal.
Cookies usados
OptanonConsent OptanonAlertBoxClosed AWSELB
JSESSIONID
cfduid
Cookies de Desempenho
Estes cookies permitem contar as visitas e origens do tráfego para que possamos medir e melhorar o desempenho do site. Ajudam-nos a identificar as páginas que são mais e menos populares, e conhecer a forma como os visitantes se deslocam no site.
Todas as informações que os cookies recolhem são agregadas e, como tal, anónimas. Se o Utilizador não os permitir, não será possível saber quando o site foi visitado e não poderemos monitorizar o desempenho do site.
Cookies usados
hs_ab_test_4028162507
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Categorias app.listenloop.com hs-analytics.net hubspot.net hubspot.com hs-scripts.com hsstatic.net Cookies ll_u431_vid fk_u431_vid cfduid cfduid cfduid cfduid cfduid
Cookies Funcionais
Estes cookies permitem que o site forneça mais funcionalidades e personalização. Podem ser definidos por nós ou por fornecedores externos cujos serviços tenhamos
adicionado às nossas páginas.
Se o Utilizador não permitir estes cookies, alguns ou todos os serviços poderão não
funcionar corretamente.
Cookies usados
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Estes cookies poderão ser definidos através do site pelos nossos parceiros de publicidade. Poderão ser usados por essas empresas para criar um perfil dos interesses do Utilizador e apresentar-lhe anúncios relevantes em outros sites.
Não armazenam dados pessoais diretamente, mas baseiam-se na identificação exclusiva do browser e dispositivo de Internet do Utilizador. Se o Utilizador não permitir estes cookies, verá anúnci os menos relevantes.
Cookies usados
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Cookies datr lu Cb |
Demdex
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Tuuid
AWSELB
AWSELB
tuuid_last_update iuuid
tuuid
tuuid
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didts nnls did
adsnative.com	_uuid
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everesttech.net	everest_g_v2
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dpm.demdex.net	Dpm
pro-market.net	anProfile anHistory
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bizrate.com	br
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insightexpressai.com	DW
match.rundsp.com	RUN_INDEX RUN_ID
netseer.com	netseer_v3_vi
shareaholic.com	c_id
viglink.com	vglnk.Agent.p
ibeu2.mookie1.com	ASP.NET_SessionId
jivox.com	Jvxsync
myvisualiq.net	tuuid_last_update tuuid
ml314.com	Pi
media6degrees.com	Clid
tidaltv.com	tidal_ttid sync-his
adkernel.com	ADKUID
criteo.com	Uid
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bing.com	MUID
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rubiconproject.com	Khaos
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3lift.com	Tluid
bizographics.com	BizoUserMatchHistory
bidr.io	Bito
casalemedia.com	CMPRO CMID CMDD CMST CMPS
CMSC
RCID2
RCID2
SID HSID
demographics VISITOR_INFO1_LIVE PREF
APISID SSID
LOGIN_INFO SAPISID YSC
TDID TDCPM
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Effective September 16th 2024
DownloadTable of Contents
条款和条件
- 接受条款。
- RiseSmart, Inc.及其关联方(统称为“RiseSmart”)并根据本服务条款(“服务条款”) 并通过RiseSmart控制的网站(包括但不限于http://www.RiseSmart.com,统称为“网站”) 向您提供服务(定义见下文)。当您接受本服务条款或者访问、使用服务或网站时,即表明您承认已阅读、理解和同意受本服务条款的约束。如果您不同意本服务条款,请勿接受该等条款,亦不得使用服务。
- 您接受RiseSmart可能不时更改本服务条款,恕不另行通知。修订后的条款和条件在发布后即生效力,如果在发布日期之后您使用服务,则表明您接受修订后的条款和条件。如果您不接受本服务条款的任何更改,必须停止访问和使用服务。
服务说明。
“服务”包括(a)网站,(b)RiseSmart的新职介绍、职业管理服务以及其他相关服务
(包括文件管理和分析服务)和相关技术和应用程序(包括但不限于通过移动设备访问的应用程序和服务,以及允许您访问此类应用程序和服务的其他界面),和(c)所有软件(包括下文定义的软件)、材料、门户网站、建议、工作机会、数据、报告、文本、图像、声频、视频、分析和通过上述各项提供的其他内容(统称为“内容”)。向服务添加或增加的任何新功能也应符合本服务条款的规定。
一般条款/访问和使用服务。
- 根据本服务条款中的条款和条件,您只能ft于合法目的访问和使用服务。服务及其 组成部分的所有权利、所有权和利益始终完全归RiseSmart所有。您不得(并且不得允许任何第三方)(a)直接或间接地对服务进行复制、修改、删除、分发、下载、存储、传输、发布、创建衍生作品、反向工程、反向汇编或以其他方式尝试发现任何源代码、ft 售、再许可、转售、ft租、租赁、转让、让与或分时共享,或者以其他方式商业性利用服务或向任何第三方提供服务;(b)以任何非法方式使用服务(包括但不限于违反任何数据、隐私或ft口管制法律)或者以任何干扰或破坏服务或其组成部分之完整性或性能的方式使用服务;(c)修改、改编或破解服务或者以其他方式试图在未经授权的情况下访问服务或其相关系统、网络;或者(d)在其他网站或任何媒介(例如网络环境) 上使用任何内容。您应遵守RiseSmart提供或发布的有关服务的任何行为准则、政策或其他通知,如果您了解到与服务相关的安全漏洞,应立即通知RiseSmart。此外,在使用某些服务时,您应遵守可能不时发布的适用于该等服务的其他任何条款,包括但不限于RiseSmart隐私政策。
- RiseSmart可能提供的有关服务的任何软件(“软件”)中载有受适用知识产权和其他法律保护的专有和机密信息。根据本服务条款中的条款和条件,RiseSmart特此向您授予个人、不可转让、不可再许可和非独占的权利和许可,以便您在只与服务相关的单个设备上使用任何软件的目标代码。您同意除了通过RiseSmart提供的用于访问服务的界面以外,不得采用其他任何方式访问服务。本条款和条件中未明确授予的权利均予保留,并未向您授予使用RiseSmart或任何第三方的与服务相关之商标的任何许可或权利。
- 您应自行对上传、发布、传递、提供或以其他方式传输或存储(“传输”)的与服务相关的所有数据、信息、反馈、建议、文本、内容和其他材料(“您的内容”)承担责任。您在此声明和保证,您就服务传输的您的内容(a)是准确、真实、合法、得体、诚实和完整的(包括但不限于有关您的简历、履历数据和就业信息(倘若您作为一名求职者或职业发展者正在使用服务)),和(b)没有任何漏洞、蠕虫病毒或其他病毒。您同意如果RiseSmart认为您违反上一句规定或者违反本服务条款的其他条款,则可从服务中删除您的内容。您有责任对您的登录名、密码、账户以及登录名或账户项下发生的所有活动进行保密。RiseSmart有权访问您的账户以回复您的技术支持请求。当您在服务上或通过服务传输您的内容,即表明您向RiseSmart授予非独占、永久、不可撤销、免版税、已缴足、可分许可和可转让的全球性许可,以供其使用、修改、复制、分发、展示、发布和实施与服务相关的您的内容。RiseSmart有权(但没有义务)筛查或监控服务、内容或您的内容。您进一步同意RiseSmart可以ft于任何原因或者在无任何原因的情况下随时删除或禁用任何内容(包括但不限于收到与此类内容相关的第三方或当局的索赔或指控 时)。您认识到服务的运行(包括您的内容)可能未予加密,并涉及(a)通过各种网络进行传输,(b)进行变更以符合和适应连接网络或设备的技术要求,(c)传输给RiseSmart的第三方供应商和托管合作伙伴,以提供运营和维护服务时所需的必要硬件、软件、网络、存储和相关技术,和(d)传输给与向您提供服务相关的其他第三方。因此,您承认您应自行对您的内容的安全、保护和备份承担全部责任。如果您的内容遭到未经授权访问或使用或者该等内容发生任何损坏、删除、破坏或丢失,RiseSmart就此不会向您承担任何责任。
- 如果您是一名求职者或职业发展者,您进一步同意针对通过服务提供或获得的工作机会和其他信息,应基于自身的判断、谨慎和常识进行管理,如果依赖于或使用通过服务提供的任何内容(包括任何工作机会或职业建议),应自行承担相关风险。
- 如果RiseSmart未行使或执行本服务条款中的任何权利或条款,并不构成对该等权利的放弃。您承认本服务条款构成您与RiseSmart签订的合同(即使采用电子格式并且您和RiseSmart未在纸质文件上签字),本服务条款适用于您对服务的使用,并取代您和RiseSmart先前达成的类似协议。
您承认RiseSmart的公司客户可以聘请RiseSmart以协助(a)已经或将要从该公司客户处离职的当前和/或前雇员通过该服务寻找工作( “新职介绍协助”)或(b)该公司客户的现有员工通过服务实施职业发展(“职业发展协助”)(第(a)和(b)项统称为“公司客户参与计划”)。如果您根据公司客户的新职介绍协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关工作搜索的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均可单独或汇总地予以提供。如果您根据公司客户的职业发展协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关工作搜索或职业发展的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均汇总地予以提供。有关RiseSmart收集、使用和共享您和公司客户提供的与公司客户参与计划相关之信息的更多内容,请参阅RiseSmart隐私政策。
- 如果您根据公司客户参与计划使用服务,则表明您承认向您提供的服务在任何情况下均不会超ft您据以有权访问服务之公司客户参与计划的范围、期限或其他限制。
- 您同意RiseSmart(a)可以制定有关使用服务的一般惯例和限制,包括但不限于该服务保存内容/您的内容的最长期间以及向您分配的最大存储空间,(b)如果删除或者未存储该服务维护或上传至该服务的任何内容/您的内容,RiseSmart对此不承担任何责任或义务,和(c)如果ft于法律要求或者善意地相信为了下述目的存在合理必要性,也可能保存内容/您的内容或者予以披露:(i)遵守法律程序、适用法律或政府要求;(ii)执行本服务条款;(iii)针对声称任何内容/您的内容侵犯第三方权利作ft回应;或(iv) 保护RiseSmart、其用户和公众的权利、财产或人身安全。
您进一步同意RiseSmart可以ft于任何原因或者在无任何原因的情况下随时删除或禁用任何内容/您的内容(包括但不限于收到与此类内容相关的第三方或当局的索赔或指控
时)。
付款。
如果就提供的服务或任何部分服务应支付任何费用(RiseSmart的公司客户未另行支
付),您必须选择付款计划并向RiseSmart提供有关您的信用卡或其他支付工具的信息。您向RiseSmart声明和保证此类信息属实,并且您有权使用该等付款方式。您应及时更新账户信息,包括可能发生的任何更改(例如您的帐单邮寄地址或信用卡到期日的更
改)。您同意根据付款计划的条款和本服务条款向RiseSmart支付该等计划中指定的金 额。您在此授权RiseSmart根据适用的付款计划条款定期向您的付款工具开具账单,直至您终止账户为止,您还同意支付因此产生的任何费用。如果您对任何费用提ft异议,则必须在RiseSmart向您开具发票之日起的六十(60)天内将该异议告知RiseSmart。RiseSmart保留随时变更服务价格的权利。如果RiseSmart变更价格,则应至少在变更生效的30天之前在本网站上发布变更通知或者就此向您发送电子邮件(按RiseSmart的选择)。如果在价格变更生效后您继续使用服务,即表明您同意支付更改后的金额。如果您根据公司客户参与计划使用服务,则该公司客户应就其授权RiseSmart向您提供的特定服务包支付费用。
声明和保证
在您使用服务时,您同意不得:违反任何司法管辖区的任何地方、州和联邦规则、法规和制定法,包括但不限于美国ft口法律法规、反歧视或平等机会就业法;侵犯任何第三方的任何知识产权和隐私权,包括但不限于专利、版权、商标或商业秘密;上传、发 布、传播或存储任何非法、冒犯、诽谤、欺诈、欺骗、误导、有害、威胁、骚扰、淫秽或令人反感的材料;违反您的任何合同或保密义务;破坏或干扰服务的正常运行,例如发布或传播任何类型的病毒、蠕虫病毒、脚本、宏或有害代码,连续发布重复材料、异常的大量数据或者RiseSmart不允许发布或传播的信息,包括但不限于任何未经授权的广告材料、未经请求的宣传材料、“垃圾邮件”、“连锁信”、金字塔计划、特许经营、分
销、俱乐部会员资格、销售安排或其他不可接受的材料;通过滥用服务而侵犯他人的隐私权或个人权利,包括但不限于骚扰或“跟踪”他人、发送未经请求的电子邮件以及收集其他人的个人信息;违反或企图违反有关服务的任何安全措施;在未事先征得RiseSmart 书面同意的情况下,使用任何设备、程序或机制(例如爬虫程序或机器人)来监控、检索、搜索或访问服务;访问或尝试访问服务中载列的任何第三方账户或登录名;发布或提交任何不准确、虚假或不完整的信息,例如有关您的简历、履历数据或就业的信息; 冒充任何其他人或实体;伪造任何电子信息或邮件中的任何标题;或者歪曲自身或关联方与任何第三方的关系。
终止。
您有权根据网站上规定的程序或者单独向您提供的程序(若适用)随时终止您的账户。如果您根据公司客户参与计划使用服务,即表明您承认您对此类服务的访问权限将在公司客户参与计划期满或终止时到期。RiseSmart有权ft于任何原因(包括RiseSmart认为您违反了本服务条款)(i)暂时或永久性修改或终止服务(或其任何部分)和(ii)拒绝当前和将来对服务的使用,暂停或终止您的账户(其任何部分)或对服务的使用,删除和弃置服务中的您的内容。如果RiseSmart修改、暂停或终止服务,其无需就此向您或任何第三方承担任何责任。在暂停或终止您的账户之前,RiseSmart将善意地联系您并向您告知该等情形。RiseSmart可自行决定终止您的账户,或者永久删除服务上所有的您的内容(若有)。如果RiseSmart无故终止您的账户,而您已注册付费服务(若适用,不包括公司客户参与计划),RiseSmart将按比例向您退还已预付但尚未消费的任何金额。但 是,在本服务条款终止后,累积的所有付款权以及第4-12条仍然有效。
免责声明。
包括网站、内容(包括但不限于工作和职业发展机会、推荐和分析)和所有服务器、网络组件在内的服务均按“现状”和“现有”的基础提供,未附有任何形式的保证, RISESMART在此明确说明其未作ft任何明示或暗示的保证,包括但不限于对适销性、所有权、特定用途的适用性和非侵权的暗示保证。您承认RISESMART未保证及时、安全、无错误或无病毒地提供服务,亦未保证该等服务不会发生中断,您从RISESMART 或通过服务获得任何信息、建议或服务时,除服务条款中明确规定者以外,均未创设任何保证。在不限制上述规定一般性的情况下,如果您是一名求职者或职业发展者,(A)您承认和同意RISESMART可能向您的账户发布的工作机会系从第三方收到的,并且未就此进行任何审查,和(B)RISESMART未保证任何工作机会或其他信息的准确性或合法性,亦未保证您通过服务能够成功就业或获得职业发展,或者通过服务找到的任何工作或职业发展均适于您的需要或适合您。在任何情况下,RiseSmart均不对任何第三方(包括用户)的任何内容或材料承担任何责任,包括但不限于任何内容中的任何错误或遗漏,或者由于使用任何此类内容而遭受任何类型的损失或损害。您承认RiseSmart不会对内容进行预先筛查,但是RiseSmart及其指定人员有权(但没有义务)自行决定拒绝或删除通过服务提供的任何内容。您同意必须评估和承担与使用任何内容相关的所有风险,包括依赖于此类内容的准确性、完整性或有用性的风险。
责任限制。
- 无论在任何情况下或根据任何法律理论(无论是基于合同、侵权或其他依据),针对(a)任何间接、偶然、特殊、惩戒、后果或惩罚性损害(包括利润损失、销售或业务损失、数据丢失或业务中断)或者(b)任何直接损害、成本、损失或负债RISESMART向您或任何第三方承担的责任不得超过在引致相关索赔的事件发生之前的六(6)个月内您实际支付的费用,如果未支付任何费用,则不得超过一百(100)美元。本条款向双方分配本服务条款项下的风险,双方在决定是否签订本服务条款时依赖于这些限制。
- 某些州不允许就暗示保证予以免责或排除,或者限制有关偶然或间接损害的责任, 这意味着第7条(免责声明)和第8条(责任限制)中规定的某些限制可能不适用于您或者无法对您强制执行。在这些州,RISESMART的责任应限制在法律允许的最大范围
内。如果您是一名来自新泽西州的用户,则第7条(免责声明)和第8条(责任限制)仅在新泽西法律允许的范围内予以适用。如果根据新泽西法律的规定这些条款的任何部分归于无效,则该部分的无效性不会影响剩余部分条款的效力。
赔偿。
如果由于您违反本服务条款、您的内容或者您对服务的其他访问、提交、使用或滥用而产生任何索赔、诉讼或要求(包括但不限于合理的法律和会计费用),则应向RiseSmart 进行赔偿,为其辩护并使其免受损害。RiseSmart会向您发ft有关此类索赔、诉讼或要求的通知。RiseSmart保留对本条项下赔偿所涉的任何事项单独进行辩护和控制的权利。在这种情况下,您同意就任何合理请求提供配合,并协助RiseSmart对此类事项进行辩护。尽管有上述规定,如果由于RiseSmart的任何作为或不作为而产生任何索赔、诉讼或要 求,则您没有义务向RiseSmart进行赔偿,为其辩护或使其免受损害。
转让。
未经RiseSmart事先的书面同意,您不得转让本服务条款,您同意 RiseSmart可以不受限制地全部或部分让与或转让本服务条款。
适用法律。
本服务条款受合同履行地法律管辖。除非RiseSmart在特定情况下另行决定,否则您在此明确同意接受合同履行地法院的专属管辖权,以解决与您访问或使用服务有关的任何争议。
《数字千年版权法案》。
如果版权所有者认为互联网上ft现的材料侵犯其根据美国版权法享有的权利,1998年
《数字千年版权法案》为其提供追索权。RiseSmart将及时处理和调查涉嫌侵权的通知, 并根据《数字千年版权法案》和其他适用的知识产权法律对任何涉嫌或实际发生的侵权行为采取适当行动。声称侵犯版权的通知应通过电子邮件(user.support@risesmart.com) 发送给RiseSmart的版权代理人(主题栏: “《数字千年版权法案》删除请求”)。您也可以通过寄送邮件来联系RiseSmart:
收件人:版权代理人
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113
通知: 为使通知生效,必须采用书面形式并载列以下信息:
代表版权或其他知识产权权益所有者行事的被授权人作ft的电子签字或亲签;
有关您声称遭到侵权的受版权保护的作品或其他知识产权的说明;
有关您声称正在侵权的材料在网站上所处位置的说明,并附上RiseSmart在网站上如何找到该等材料的足够详情;
您的地址、电话号码和电子邮件地址;
您作ft的一项声明,其中说明您基于充分的理由认为相关使用未征得版权或知识产权所有者、其代理机构或法律的授权;
您作ft的一项声明,其中说明该通知中的上述信息是准确的,并且您是版权或知识产权所有者或经授权而代表该等所有者行事的人员,否则将受到伪证罪的处罚。
1.Apple支持的软件应用程序。
RiseSmart提供各种软件应用程序,它们能够在Apple Inc.(“Apple”)商业化提供的产品及其他平台上运行。对于您在Apple品牌产品(此类软件简称“Apple支持软件”)上使用的软件,除了本服务条款中规定的其他条款和条件外,还应适用以下条款和条件:
RiseSmart和您承认本服务条款只由RiseSmart和您签订,而非与Apple签订,就RiseSmart和Apple而言,应由RiseSmart(而非Apple)对Apple支持的软件及其内容承担全部责任。
如果违反或不符合App Store服务条款中就Apple支持的软件规定的使用规则,或者以其他方式与该等服务条款相冲突,则您不得以该等方式使用Apple支持的软件。
在App Store服务条款中规定的使用规则允许的情况下,您使用Apple支持的软件的许可仅限于在您拥有或控制的iOS产品上使用该等软件的不可转让许可。
Apple没有义务为Apple支持的软件提供任何维护或支持服务。
Apple依法未对任何产品作ft任何明示或暗示的保证。如果Apple支持的软件未遵守任何适用保证,您可以通知Apple,Apple将向您退还Apple支持软件的购买价格
(若有);在适用法律允许的最大范围内,Apple对于Apple支持的软件或者未遵守任何保证所导致的其他任何索赔、损失、责任、损害、成本或费用(如果根据适用法律无法予以免责,则在该等范围内完全由RiseSmart承担全部责任)不承担其他任何保证义务。
RiseSmart和您承认应由RiseSmart(而非Apple)负责解决您或任何第三方就Apple支持的软件或者您拥有和/或使用该等Apple软件有关的任何索赔,包括但不限于:
(i)产品责任索赔;(ii)Apple支持的软件不符合任何适用法律或监管要求而产生的任何索赔;(iii)根据消费者保护或类似法律提ft的索赔。
如果任何第三方声称Apple支持软件或最终用户拥有和使用该等软件侵犯了第三方知识产权,就RiseSmart和Apple而言,应由RiseSmart(而非Apple)就任何该等知识产权侵权索赔的调查、辩护、解决和解除承担全部责任。
您声明和保证:(i)您所在的国家不受美国政府禁运,或者未被美国政府指定 为“支持恐怖主义”国家;和(ii)您未被列入任何美国政府禁止或限制方的名单。
如果您对Apple支持的软件有任何问题、投诉或索赔,请按下列地址将其发送给
RiseSmart:
user.support@risesmart.com RiseSmart, Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113
RiseSmart和您承认并同意Apple及其子公司是本服务条款的第三方受益人,在您接受本服务条款的条款和条件后,Apple将作为第三方受益人拥有就Apple支持的软件向您强制执行本服务条款的权利(并视为已接受该等权利)。
与其他网站的链接。
服务中可能包含指向第三方网站的链接。这些链接仅供参考,RiseSmart并未认可此类第三方网站上的内容。RiseSmart不对链接的第三方网站上的内容承担责任,亦未对此类第三方网站上材料的内容或准确性作ft任何声明。如果您决定访问链接的第三方网站,应自行承担风险。
移动设备。
如果您通过移动设备使用服务,则表明您同意通过移动设备和运营商使用服务的信息可能会传送给RiseSmart,包括但不限于您的移动运营商、移动设备或您的实际位置。此 外,通过移动设备使用服务可能导致在移动设备上或通过移动设备显示相关数据。在您通过移动设备访问服务时,即表明您声明在您将任何RiseSmart数据导入移动设备的范围内,您有权向移动运营商或其他访问提供商共享传输的数据。如果您更改或停用移动设备/账户,则必须确保其他方无法访问(或者不会向另一方发送)您的账户(以及任何相关消息(如适用)),否则您须就此承担全部责任。您承认应自行对通过移动设备和提供商访问服务的所有相关费用和必要许可承担责任。因此,您应该咨询提供商以了解您的特定移动设备就该等服务所规定的条款。当您通过任何可下载应用程序来使用服务
时,即表明您明确承认您接受在下载或安装时或者可能不时更新时与所提供应用程序相关的最终用户许可协议的条款。
自2019年1月18日
Effective December 2nd 2020 to September 16th 2024
DownloadTable of Contents
条款和条件
- 接受条款。
- RiseSmart, Inc.及其关联方(统称为“RiseSmart”)并根据本服务条款(“服务条款”) 并通过RiseSmart控制的网站(包括但不限于http://www.RiseSmart.com,统称为“网站”) 向您提供服务(定义见下文)。当您接受本服务条款或者访问、使用服务或网站时,即表明您承认已阅读、理解和同意受本服务条款的约束。如果您不同意本服务条款,请勿接受该等条款,亦不得使用服务。
- 您接受RiseSmart可能不时更改本服务条款,恕不另行通知。修订后的条款和条件在发布后即生效力,如果在发布日期之后您使用服务,则表明您接受修订后的条款和条件。如果您不接受本服务条款的任何更改,必须停止访问和使用服务。
服务说明。
“服务”包括(a)网站,(b)RiseSmart的新职介绍、职业管理服务以及其他相关服务
(包括文件管理和分析服务)和相关技术和应用程序(包括但不限于通过移动设备访问的应用程序和服务,以及允许您访问此类应用程序和服务的其他界面),和(c)所有软件(包括下文定义的软件)、材料、门户网站、建议、工作机会、数据、报告、文本、图像、声频、视频、分析和通过上述各项提供的其他内容(统称为“内容”)。向服务添加或增加的任何新功能也应符合本服务条款的规定。
一般条款/访问和使用服务。
- 根据本服务条款中的条款和条件,您只能ft于合法目的访问和使用服务。服务及其 组成部分的所有权利、所有权和利益始终完全归RiseSmart所有。您不得(并且不得允许任何第三方)(a)直接或间接地对服务进行复制、修改、删除、分发、下载、存储、传输、发布、创建衍生作品、反向工程、反向汇编或以其他方式尝试发现任何源代码、ft 售、再许可、转售、ft租、租赁、转让、让与或分时共享,或者以其他方式商业性利用服务或向任何第三方提供服务;(b)以任何非法方式使用服务(包括但不限于违反任何数据、隐私或ft口管制法律)或者以任何干扰或破坏服务或其组成部分之完整性或性能的方式使用服务;(c)修改、改编或破解服务或者以其他方式试图在未经授权的情况下访问服务或其相关系统、网络;或者(d)在其他网站或任何媒介(例如网络环境) 上使用任何内容。您应遵守RiseSmart提供或发布的有关服务的任何行为准则、政策或其他通知,如果您了解到与服务相关的安全漏洞,应立即通知RiseSmart。此外,在使用某些服务时,您应遵守可能不时发布的适用于该等服务的其他任何条款,包括但不限于RiseSmart隐私政策。
- RiseSmart可能提供的有关服务的任何软件(“软件”)中载有受适用知识产权和其他法律保护的专有和机密信息。根据本服务条款中的条款和条件,RiseSmart特此向您授予个人、不可转让、不可再许可和非独占的权利和许可,以便您在只与服务相关的单个设备上使用任何软件的目标代码。您同意除了通过RiseSmart提供的用于访问服务的界面以外,不得采用其他任何方式访问服务。本条款和条件中未明确授予的权利均予保留,并未向您授予使用RiseSmart或任何第三方的与服务相关之商标的任何许可或权利。
- 您应自行对上传、发布、传递、提供或以其他方式传输或存储(“传输”)的与服务相关的所有数据、信息、反馈、建议、文本、内容和其他材料(“您的内容”)承担责任。您在此声明和保证,您就服务传输的您的内容(a)是准确、真实、合法、得体、诚实和完整的(包括但不限于有关您的简历、履历数据和就业信息(倘若您作为一名求职者或职业发展者正在使用服务)),和(b)没有任何漏洞、蠕虫病毒或其他病毒。您同意如果RiseSmart认为您违反上一句规定或者违反本服务条款的其他条款,则可从服务中删除您的内容。您有责任对您的登录名、密码、账户以及登录名或账户项下发生的所有活动进行保密。RiseSmart有权访问您的账户以回复您的技术支持请求。当您在服务上或通过服务传输您的内容,即表明您向RiseSmart授予非独占、永久、不可撤销、免版税、已缴足、可分许可和可转让的全球性许可,以供其使用、修改、复制、分发、展示、发布和实施与服务相关的您的内容。RiseSmart有权(但没有义务)筛查或监控服务、内容或您的内容。您进一步同意RiseSmart可以ft于任何原因或者在无任何原因的情况下随时删除或禁用任何内容(包括但不限于收到与此类内容相关的第三方或当局的索赔或指控 时)。您认识到服务的运行(包括您的内容)可能未予加密,并涉及(a)通过各种网络进行传输,(b)进行变更以符合和适应连接网络或设备的技术要求,(c)传输给RiseSmart的第三方供应商和托管合作伙伴,以提供运营和维护服务时所需的必要硬件、软件、网络、存储和相关技术,和(d)传输给与向您提供服务相关的其他第三方。因此,您承认您应自行对您的内容的安全、保护和备份承担全部责任。如果您的内容遭到未经授权访问或使用或者该等内容发生任何损坏、删除、破坏或丢失,RiseSmart就此不会向您承担任何责任。
- 如果您是一名求职者或职业发展者,您进一步同意针对通过服务提供或获得的工作机会和其他信息,应基于自身的判断、谨慎和常识进行管理,如果依赖于或使用通过服务提供的任何内容(包括任何工作机会或职业建议),应自行承担相关风险。
- 如果RiseSmart未行使或执行本服务条款中的任何权利或条款,并不构成对该等权利的放弃。您承认本服务条款构成您与RiseSmart签订的合同(即使采用电子格式并且您和RiseSmart未在纸质文件上签字),本服务条款适用于您对服务的使用,并取代您和RiseSmart先前达成的类似协议。
您承认RiseSmart的公司客户可以聘请RiseSmart以协助(a)已经或将要从该公司客户处离职的当前和/或前雇员通过该服务寻找工作( “新职介绍协助”)或(b)该公司客户的现有员工通过服务实施职业发展(“职业发展协助”)(第(a)和(b)项统称为“公司客户参与计划”)。如果您根据公司客户的新职介绍协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关工作搜索的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均可单独或汇总地予以提供。如果您根据公司客户的职业发展协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关工作搜索或职业发展的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均汇总地予以提供。有关RiseSmart收集、使用和共享您和公司客户提供的与公司客户参与计划相关之信息的更多内容,请参阅RiseSmart隐私政策。
- 如果您根据公司客户参与计划使用服务,则表明您承认向您提供的服务在任何情况下均不会超ft您据以有权访问服务之公司客户参与计划的范围、期限或其他限制。
- 您同意RiseSmart(a)可以制定有关使用服务的一般惯例和限制,包括但不限于该服务保存内容/您的内容的最长期间以及向您分配的最大存储空间,(b)如果删除或者未存储该服务维护或上传至该服务的任何内容/您的内容,RiseSmart对此不承担任何责任或义务,和(c)如果ft于法律要求或者善意地相信为了下述目的存在合理必要性,也可能保存内容/您的内容或者予以披露:(i)遵守法律程序、适用法律或政府要求;(ii)执行本服务条款;(iii)针对声称任何内容/您的内容侵犯第三方权利作ft回应;或(iv) 保护RiseSmart、其用户和公众的权利、财产或人身安全。
您进一步同意RiseSmart可以ft于任何原因或者在无任何原因的情况下随时删除或禁用任何内容/您的内容(包括但不限于收到与此类内容相关的第三方或当局的索赔或指控
时)。
付款。
如果就提供的服务或任何部分服务应支付任何费用(RiseSmart的公司客户未另行支
付),您必须选择付款计划并向RiseSmart提供有关您的信用卡或其他支付工具的信息。您向RiseSmart声明和保证此类信息属实,并且您有权使用该等付款方式。您应及时更新账户信息,包括可能发生的任何更改(例如您的帐单邮寄地址或信用卡到期日的更
改)。您同意根据付款计划的条款和本服务条款向RiseSmart支付该等计划中指定的金 额。您在此授权RiseSmart根据适用的付款计划条款定期向您的付款工具开具账单,直至您终止账户为止,您还同意支付因此产生的任何费用。如果您对任何费用提ft异议,则必须在RiseSmart向您开具发票之日起的六十(60)天内将该异议告知RiseSmart。RiseSmart保留随时变更服务价格的权利。如果RiseSmart变更价格,则应至少在变更生效的30天之前在本网站上发布变更通知或者就此向您发送电子邮件(按RiseSmart的选择)。如果在价格变更生效后您继续使用服务,即表明您同意支付更改后的金额。如果您根据公司客户参与计划使用服务,则该公司客户应就其授权RiseSmart向您提供的特定服务包支付费用。
声明和保证
在您使用服务时,您同意不得:违反任何司法管辖区的任何地方、州和联邦规则、法规和制定法,包括但不限于美国ft口法律法规、反歧视或平等机会就业法;侵犯任何第三方的任何知识产权和隐私权,包括但不限于专利、版权、商标或商业秘密;上传、发 布、传播或存储任何非法、冒犯、诽谤、欺诈、欺骗、误导、有害、威胁、骚扰、淫秽或令人反感的材料;违反您的任何合同或保密义务;破坏或干扰服务的正常运行,例如发布或传播任何类型的病毒、蠕虫病毒、脚本、宏或有害代码,连续发布重复材料、异常的大量数据或者RiseSmart不允许发布或传播的信息,包括但不限于任何未经授权的广告材料、未经请求的宣传材料、“垃圾邮件”、“连锁信”、金字塔计划、特许经营、分
销、俱乐部会员资格、销售安排或其他不可接受的材料;通过滥用服务而侵犯他人的隐私权或个人权利,包括但不限于骚扰或“跟踪”他人、发送未经请求的电子邮件以及收集其他人的个人信息;违反或企图违反有关服务的任何安全措施;在未事先征得RiseSmart 书面同意的情况下,使用任何设备、程序或机制(例如爬虫程序或机器人)来监控、检索、搜索或访问服务;访问或尝试访问服务中载列的任何第三方账户或登录名;发布或提交任何不准确、虚假或不完整的信息,例如有关您的简历、履历数据或就业的信息; 冒充任何其他人或实体;伪造任何电子信息或邮件中的任何标题;或者歪曲自身或关联方与任何第三方的关系。
终止。
您有权根据网站上规定的程序或者单独向您提供的程序(若适用)随时终止您的账户。如果您根据公司客户参与计划使用服务,即表明您承认您对此类服务的访问权限将在公司客户参与计划期满或终止时到期。RiseSmart有权ft于任何原因(包括RiseSmart认为您违反了本服务条款)(i)暂时或永久性修改或终止服务(或其任何部分)和(ii)拒绝当前和将来对服务的使用,暂停或终止您的账户(其任何部分)或对服务的使用,删除和弃置服务中的您的内容。如果RiseSmart修改、暂停或终止服务,其无需就此向您或任何第三方承担任何责任。在暂停或终止您的账户之前,RiseSmart将善意地联系您并向您告知该等情形。RiseSmart可自行决定终止您的账户,或者永久删除服务上所有的您的内容(若有)。如果RiseSmart无故终止您的账户,而您已注册付费服务(若适用,不包括公司客户参与计划),RiseSmart将按比例向您退还已预付但尚未消费的任何金额。但 是,在本服务条款终止后,累积的所有付款权以及第4-12条仍然有效。
免责声明。
包括网站、内容(包括但不限于工作和职业发展机会、推荐和分析)和所有服务器、网络组件在内的服务均按“现状”和“现有”的基础提供,未附有任何形式的保证, RISESMART在此明确说明其未作ft任何明示或暗示的保证,包括但不限于对适销性、所有权、特定用途的适用性和非侵权的暗示保证。您承认RISESMART未保证及时、安全、无错误或无病毒地提供服务,亦未保证该等服务不会发生中断,您从RISESMART 或通过服务获得任何信息、建议或服务时,除服务条款中明确规定者以外,均未创设任何保证。在不限制上述规定一般性的情况下,如果您是一名求职者或职业发展者,(A)您承认和同意RISESMART可能向您的账户发布的工作机会系从第三方收到的,并且未就此进行任何审查,和(B)RISESMART未保证任何工作机会或其他信息的准确性或合法性,亦未保证您通过服务能够成功就业或获得职业发展,或者通过服务找到的任何工作或职业发展均适于您的需要或适合您。在任何情况下,RiseSmart均不对任何第三方(包括用户)的任何内容或材料承担任何责任,包括但不限于任何内容中的任何错误或遗漏,或者由于使用任何此类内容而遭受任何类型的损失或损害。您承认RiseSmart不会对内容进行预先筛查,但是RiseSmart及其指定人员有权(但没有义务)自行决定拒绝或删除通过服务提供的任何内容。您同意必须评估和承担与使用任何内容相关的所有风险,包括依赖于此类内容的准确性、完整性或有用性的风险。
责任限制。
- 无论在任何情况下或根据任何法律理论(无论是基于合同、侵权或其他依据),针对(a)任何间接、偶然、特殊、惩戒、后果或惩罚性损害(包括利润损失、销售或业务损失、数据丢失或业务中断)或者(b)任何直接损害、成本、损失或负债RISESMART向您或任何第三方承担的责任不得超过在引致相关索赔的事件发生之前的六(6)个月内您实际支付的费用,如果未支付任何费用,则不得超过一百(100)美元。本条款向双方分配本服务条款项下的风险,双方在决定是否签订本服务条款时依赖于这些限制。
- 某些州不允许就暗示保证予以免责或排除,或者限制有关偶然或间接损害的责任, 这意味着第7条(免责声明)和第8条(责任限制)中规定的某些限制可能不适用于您或者无法对您强制执行。在这些州,RISESMART的责任应限制在法律允许的最大范围
内。如果您是一名来自新泽西州的用户,则第7条(免责声明)和第8条(责任限制)仅在新泽西法律允许的范围内予以适用。如果根据新泽西法律的规定这些条款的任何部分归于无效,则该部分的无效性不会影响剩余部分条款的效力。
赔偿。
如果由于您违反本服务条款、您的内容或者您对服务的其他访问、提交、使用或滥用而产生任何索赔、诉讼或要求(包括但不限于合理的法律和会计费用),则应向RiseSmart 进行赔偿,为其辩护并使其免受损害。RiseSmart会向您发ft有关此类索赔、诉讼或要求的通知。RiseSmart保留对本条项下赔偿所涉的任何事项单独进行辩护和控制的权利。在这种情况下,您同意就任何合理请求提供配合,并协助RiseSmart对此类事项进行辩护。尽管有上述规定,如果由于RiseSmart的任何作为或不作为而产生任何索赔、诉讼或要 求,则您没有义务向RiseSmart进行赔偿,为其辩护或使其免受损害。
转让。
未经RiseSmart事先的书面同意,您不得转让本服务条款,您同意 RiseSmart可以不受限制地全部或部分让与或转让本服务条款。
适用法律。
本服务条款受合同履行地法律管辖。除非RiseSmart在特定情况下另行决定,否则您在此明确同意接受合同履行地法院的专属管辖权,以解决与您访问或使用服务有关的任何争议。
《数字千年版权法案》。
如果版权所有者认为互联网上ft现的材料侵犯其根据美国版权法享有的权利,1998年
《数字千年版权法案》为其提供追索权。RiseSmart将及时处理和调查涉嫌侵权的通知, 并根据《数字千年版权法案》和其他适用的知识产权法律对任何涉嫌或实际发生的侵权行为采取适当行动。声称侵犯版权的通知应通过电子邮件(user.support@risesmart.com) 发送给RiseSmart的版权代理人(主题栏: “《数字千年版权法案》删除请求”)。您也可以通过寄送邮件来联系RiseSmart:
收件人:版权代理人
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113
通知: 为使通知生效,必须采用书面形式并载列以下信息:
代表版权或其他知识产权权益所有者行事的被授权人作ft的电子签字或亲签;
有关您声称遭到侵权的受版权保护的作品或其他知识产权的说明;
有关您声称正在侵权的材料在网站上所处位置的说明,并附上RiseSmart在网站上如何找到该等材料的足够详情;
您的地址、电话号码和电子邮件地址;
您作ft的一项声明,其中说明您基于充分的理由认为相关使用未征得版权或知识产权所有者、其代理机构或法律的授权;
您作ft的一项声明,其中说明该通知中的上述信息是准确的,并且您是版权或知识产权所有者或经授权而代表该等所有者行事的人员,否则将受到伪证罪的处罚。
1.Apple支持的软件应用程序。
RiseSmart提供各种软件应用程序,它们能够在Apple Inc.(“Apple”)商业化提供的产品及其他平台上运行。对于您在Apple品牌产品(此类软件简称“Apple支持软件”)上使用的软件,除了本服务条款中规定的其他条款和条件外,还应适用以下条款和条件:
RiseSmart和您承认本服务条款只由RiseSmart和您签订,而非与Apple签订,就RiseSmart和Apple而言,应由RiseSmart(而非Apple)对Apple支持的软件及其内容承担全部责任。
如果违反或不符合App Store服务条款中就Apple支持的软件规定的使用规则,或者以其他方式与该等服务条款相冲突,则您不得以该等方式使用Apple支持的软件。
在App Store服务条款中规定的使用规则允许的情况下,您使用Apple支持的软件的许可仅限于在您拥有或控制的iOS产品上使用该等软件的不可转让许可。
Apple没有义务为Apple支持的软件提供任何维护或支持服务。
Apple依法未对任何产品作ft任何明示或暗示的保证。如果Apple支持的软件未遵守任何适用保证,您可以通知Apple,Apple将向您退还Apple支持软件的购买价格
(若有);在适用法律允许的最大范围内,Apple对于Apple支持的软件或者未遵守任何保证所导致的其他任何索赔、损失、责任、损害、成本或费用(如果根据适用法律无法予以免责,则在该等范围内完全由RiseSmart承担全部责任)不承担其他任何保证义务。
RiseSmart和您承认应由RiseSmart(而非Apple)负责解决您或任何第三方就Apple支持的软件或者您拥有和/或使用该等Apple软件有关的任何索赔,包括但不限于:
(i)产品责任索赔;(ii)Apple支持的软件不符合任何适用法律或监管要求而产生的任何索赔;(iii)根据消费者保护或类似法律提ft的索赔。
如果任何第三方声称Apple支持软件或最终用户拥有和使用该等软件侵犯了第三方知识产权,就RiseSmart和Apple而言,应由RiseSmart(而非Apple)就任何该等知识产权侵权索赔的调查、辩护、解决和解除承担全部责任。
您声明和保证:(i)您所在的国家不受美国政府禁运,或者未被美国政府指定 为“支持恐怖主义”国家;和(ii)您未被列入任何美国政府禁止或限制方的名单。
如果您对Apple支持的软件有任何问题、投诉或索赔,请按下列地址将其发送给
RiseSmart:
user.support@risesmart.com RiseSmart, Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113
RiseSmart和您承认并同意Apple及其子公司是本服务条款的第三方受益人,在您接受本服务条款的条款和条件后,Apple将作为第三方受益人拥有就Apple支持的软件向您强制执行本服务条款的权利(并视为已接受该等权利)。
与其他网站的链接。
服务中可能包含指向第三方网站的链接。这些链接仅供参考,RiseSmart并未认可此类第三方网站上的内容。RiseSmart不对链接的第三方网站上的内容承担责任,亦未对此类第三方网站上材料的内容或准确性作ft任何声明。如果您决定访问链接的第三方网站,应自行承担风险。
移动设备。
如果您通过移动设备使用服务,则表明您同意通过移动设备和运营商使用服务的信息可能会传送给RiseSmart,包括但不限于您的移动运营商、移动设备或您的实际位置。此 外,通过移动设备使用服务可能导致在移动设备上或通过移动设备显示相关数据。在您通过移动设备访问服务时,即表明您声明在您将任何RiseSmart数据导入移动设备的范围内,您有权向移动运营商或其他访问提供商共享传输的数据。如果您更改或停用移动设备/账户,则必须确保其他方无法访问(或者不会向另一方发送)您的账户(以及任何相关消息(如适用)),否则您须就此承担全部责任。您承认应自行对通过移动设备和提供商访问服务的所有相关费用和必要许可承担责任。因此,您应该咨询提供商以了解您的特定移动设备就该等服务所规定的条款。当您通过任何可下载应用程序来使用服务
时,即表明您明确承认您接受在下载或安装时或者可能不时更新时与所提供应用程序相关的最终用户许可协议的条款。
自2019年1月18日
China -CP
Malaysia (PP)
Effective December 14th 2020
DownloadTable of Contents
privacy statement
At Agensi Pekerjaan Randstad Sdn. Bhd. and Randstad Talent Sdn. Bhd. (“Randstad”), protecting your personal data is important to us. We are committed to ensuring that your privacy is respected and maintained at all times. This privacy statement is issued in compliance with the Personal Data Protection Act 2010 (“PDPA”) as well as our existing obligations of confidentiality (“Privacy Statement”).
“personal data” means any information about an individual who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access. The following are some examples of personal data: name, address, telephone number, NRIC/passport number and e-mail address.
1. what does this Privacy Statement cover?
This Privacy Statement explains how Randstad collects personal data and how we maintain, use and disclose that information. It also provides details about your rights with respect to data protection laws, along with our general rights and obligations in relation to the personal data we keep on record.
By continuing to use our services via our website or by providing personal data to us, you agree to the collection, use and disclosure of your personal data in the manner set out in this Privacy Statement.
Please read the Privacy Statement for Malaysia below.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
- candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
- clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
- referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment;
- participants - include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to; and
- website users – includes all individuals who engage with us on our website and/or our online platforms/tools.
We may also collect personal data from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
2.1 candidates
If you are a candidate we collect your personal data as reasonably necessary for us to determine your suitability for work with us or through us. Some examples of personal data that we may collect about you as a candidate are:
- your name and contact details, including your address, email address and phone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Malaysia /other countries;
- your tax file number and related details;
- your current and/or desired salary/remuneration package;
- details of your current and/or previous employment, including the responsibilities undertaken and skills required in your current and/or previous role;
- information documenting your work history with or through us (including bank account details, salary and work performance information);
- aptitude and psychological assessment results;
- the results of background checks; and
- other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Randstad only processes personal data with your consent or as otherwise permitted under the PDPA or other applicable laws and regulations.
2.2 clients
If you are our client, we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organisational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our candidates.
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
- your contact details including your address and telephone numbers;
- details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you career transition services, career management services, change programs, coaching or other services provided by us. The main types of personal data we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
3. who will be collecting your personal data
Your personal data will be collected by Randstad. We use a number of brands/business names, as set out below.
The table below shows which of our companies is the data controller in respect of your data.
Legal Entity | Brands/Business Names |
Agensi Pekerjaan Randstad Sdn. Bhd. | Randstad Malaysia |
Randstad Talent Sdn. Bhd. | Randstad Talent RiseSmart |
4. how your personal data will be collected
4.1 candidates
Personal data will be collected from you directly when you attend an interview with one of our staff
members. At this time or prior to such interview, you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal data will also be collected when:
- we receive any reference about you;
- we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
- we receive the results of your work rights status;
- we receive the results of any competency or medical test;
- we receive performance feedback (whether positive or negative);
- we receive any complaint from or about you in the workplace;
- we receive any information about a workplace accident in which you are involved;
- we receive a response from a job advertisement – either written, verbal or email;
- we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
- you provide us with any additional information about you (including information that you provide to us online via our website).
4.2 clients
If you are a client the ways in which we collect information about you are when:
- we meet you or communicate with you in any way; or
- you provide your opinion or feedback regarding one of our candidates.
4.3 referees
If you are a referee the ways in which we collect personal data about you are when:
- a candidate provides us with your contact details and informs us that you have consented to such collection; and
- we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
4.4 participants
If you are a participant the ways in which we collect personal data about you are when you:
- complete a survey or form requesting information from us;
- either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by us; or
- otherwise provide us with personal data in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
4.5 general - visiting our web site & online
You can visit our web site and browse without the need to disclose any personal data.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you (i) visit the Candidate Registration web site and register on-line for employment opportunities, (ii) engage with us on any of our online platforms/tools (including but not limited to the Salary Benchmark Online Tool at https://randstad.salaryboard.com/landing), or (iii) visit the client resources site to register a vacancy, we do collect some personal data about you, which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by a Randstad staff only for the purposes for which it was intended. By submitting your personal data in this way, you acknowledge and accept our Privacy Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal data until you have completed the time sheet and submit it to Randstad for processing.
You can also view our advertisements on authorized third party recruitment websites which may either direct you to the Randstad website for you to log in and submit your application with personal data, or allow you to submit such data via the submit function of the third party website. If you submit your information to us through a third party website, please ensure that you read their privacy statement. Any personal data we receive we will assume that you have consented to allow us to collect, use, and disclose (as described in this Privacy Statement) your personal data for the purposes of evaluating your candidacy in relation to the vacancy posted or other vacancies which we may decide to engage in the future.
5. use of your personal data
5.1 candidates
Your personal data may be processed for:
- your actual or possible work placement;
- checking your work rights status with any government department or body (or their agents);
- where legally permitted, to undertake directly or through agents a criminal reference check with relevant government agencies, background checks or credit checks;
- payment for work completed on a temporary/contract assignment;
- to follow up with you to offer you work or ascertain your availability for work;
- your performance appraisals;
- our assessment of your ongoing performance and prospects;
- any test or assessment (including medical tests and assessments) that you might be required to undergo;
- our identification of your training needs;
- any workplace rehabilitation;
- our management of any complaint, investigation or inquiry in which you are involved;
- any insurance claim or proposal that requires disclosure of your personal data;
- to tell you about the other services that we may provide;
- analysing your data to share job opportunities which are of a better fit or which matches your requirements closer; and
- ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
5.2 clients
Personal data that we process about clients are typically for:
- client and business relationship management;
- recruitment functions;
- marketing services to you;
- statistical purposes and statutory compliance requirements; and
- risk management.
5.3 referees
Personal data that we process about referees are typically for:
- to confirm identity and authority to provide references;
- candidate suitability assessment; and
- recruitment functions.
5.4 participants
Your personal data may be processed in connection with (as relevant):
- to communicate with and provide information requested by you;
- outplacement or redeployment;
- provision of career management programs and associated services;
- provision of services in connection with change programs; and
- executive coaching and associated services.
6. sensitive information
By signifying your consent to us, you give us your explicit consent to process your sensitive personal data such as your mental or physical health and condition, religious beliefs and misconducts (if any) for the purposes described above or as required by law.
We may also obtain your sensitive personal data from other parties when it is allowed by law.
7. disclosure of your information
7.1 candidates
Your personal data may be disclosed to the following parties (including those within and outside of Malaysia. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations):
- potential and/or actual clients of Randstad;
- potential and/or actual parties that you may be assigned to work for;
- referees;
- other members of Randstad;
- a professional association or registration body that has a proper interest in the disclosure of your personal data;
- our insurers;
- any government department or body (or their agents) to verify your work rights status;
- a designated, registered training provider in relation to training and personal development opportunities;
- any person with a lawful entitlement to obtain the information;
- select third parties including suppliers and sub-contractors for the performance of any contract we enter into with them;
- (where permitted by law) third party providers of criminal, background or credit checking services;
- your agents and advisors and any other person notified by and authorised by you; and
- our assignnees or potential assignees, acquirers or potential acquirers and successors-in-title.
We will advise you of our intentions and gain consent before we refer your personal data to our clients for possible work opportunities.
We may also disclose your personal data (within and outside Malaysia) in good faith, (i) to comply with requirements of the government, law enforcement agency, any authorities to whom Randstad is subject to or any orders of court; (ii) as is necessary or relevant in relation to any legal process; or (iii) if required or authorised by law.
7.2 participants
Your personal data may be disclosed for the purpose for which it is collected. That is, generally, we will only disclose your personal data for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal data to clients who may be your potential or actual employer. We may also disclose your personal data to the parties listed in section 7.1.
7.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal data.
Typically our CSPs would include:
- software solutions providers;
- I.T. contractors and database designers and Internet service suppliers;
- legal and other professional advisors;
- insurance brokers, loss assessors and underwriters;
- background checking and screening agents; and
- talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the PDPA to protect the privacy of your personal data and that they will not do anything that would cause us to breach those obligations.
Once we establish and maintain an employment, staffing or placement relationship with you, we use the data you provided to us, to comply with laws and regulations, including but not limited to employment law, tax and social security and national and international sanctions regulation compliance. For the purposes mentioned above, Randstad may transfer your personal data to other Randstad entities that provide services on behalf of Randstad.
8. personal data of referees (relevant to candidates)
The submission of references is essential to the recruitment process as we give critical consideration to any input provided to us by your referees.
In submitting your application, you shall be required to submit the names and other personal data of referees you wish us to contact. Before you give us any personal data about your referees, you must notify each referee with the purpose of Randstad’s use of their personal data and obtain their permission to disclose to us their data for the purposes of evaluating your candidacy for current or future vacancies that we may engage with you from time to time.
9. if you do not give us the information we seek
Unless otherwise stated, all information requested by Randstad is obligatory.
You can refuse to provide us with your personal data. However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
10. direct marketing
We may sometimes use personal data for marketing purposes but only in the following ways:
- we will contact candidates and participants (where relevant) while they are registered with us with updates in relation to employment opportunities, career tips, industry/market insights from time to time;
- we will send subscribers to our website news and job alerts to which they have subscribed; and
- we will contact clients with whom we have a relationship with industry/market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications. We usually use email, phone, WhatsApp, and/or SMS.
11. how does Randstad protect the security of your information
We take all reasonable steps to protect your personal data from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal data is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information. Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
As our information technology storage facilities and servers may be located in other jurisdictions, your personal data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia. You understand and consent to the transfer of your personal data out of Malaysia as described herein and under sections 7.1 and 7.3.
Where we transfer your personal data to a country outside of Malaysia, we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
12. accuracy of personal data
We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
13. your rights - withdrawing your consent
You are entitled to withdraw your consent for the processing of your personal data by giving Randstad reasonable notice by sending a written request to our Data Protection Officer at the contact details provided below.
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the implications of such withdrawal.
We may also ask you to verify your identity and for more information about your request.
14. your rights – correcting information you have provided
14.1 general
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within twenty-one (21) days after receiving your request, we will inform you in writing days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
14.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
15. retention of personal data
We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
16. using our website
As with most websites, when you visit our website, we may record anonymous information such as IP address (where not used to identify a specific individual), time, date, referring URL, pages accessed and documents downloaded, type of browser and operating system.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
17. external sites
Our website or communications may contain links to or from other websites. External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their privacy statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
18. changes to this Privacy Statement
Our Privacy Statement is reviewed and updated regularly, and the updated details will always be available on our web site.
19. how to contact us about this Privacy Statement
If you would like to make any inquiries or complaints or requests to access, correct or limit our processing of your personal data, please contact:
Randstad Malaysia Data Privacy Officer
email: privacy@randstad.com.my
telephone number: +603 2036 6608 / 6637
address: Suite 22.02, Level 22, The Gardens North Tower, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur, Malaysia.
In the event of any inconsistencies between the English version and the Bahasa Malaysia version of this Privacy Statement, the English version shall prevail.
kenyataan privasi
Di Agensi Pekerjaan Randstad Sdn. Bhd. dan Randstad Talent Sdn. Bhd. (“Randstad”), perlindungan data peribadi anda adalah penting kepada kami. Kami komited untuk memastikan bahawa privasi anda dihormati dan dipelihara pada setiap masa. Kenyataan privasi ini dikeluarkan mengikut Akta Perlindungan Data Peribadi 2010 (“APDP”) serta kewajipan kerahsiaan kami yang sedia ada (“Kenyataan Privasi”).
“data peribadi” ertinya apa-apa maklumat yang berkenaan dengan seorang individu yang boleh dikenal pasti: (a) daripada maklumat itu; atau (b) daripada maklumat itu dan maklumat lain dalam milikan kami atau yang kami mungkin mempunyai akses kepada. Berikut adalah beberapa contoh data peribadi: nama, alamat, nombor telefon, nombor kad pengenalan / passport dan alamat e-mel.
Sila membaca Kenyataan Privasi untuk Malaysia ini di bawah.
1. apakah yang diliputi oleh Kenyataan Privasi ini?
Kenyataan Privasi ini menjelaskan bagaimana Randstad mengumpul data peribadi dan bagaimana kami mengekal, mengguna dan menzahir maklumat tersebut. Ia juga memberikan butiran tentang hak-hak anda berkenaan dengan undang-undang perlindungan data, bersama-sama dengan hak dan kewajipan umum kami berhubung dengan data peribadi yang disimpan oleh kami.
Dengan terus menggunakan perkhidmatan kami melalui laman web kami atau dengan memberi data peribadi anda kepada kami, anda bersetuju untuk pengumpulan, penggunaan dan penzahiran data peribadi anda mengikut cara yang dinyatakan dalam Kenyataan Privasi ini.
2. jenis maklumat yang dikumpul dan dipegang oleh kami
Jenis maklumat yang biasa dikumpul dan dipegang oleh kami akan berubah bergantung kepada hubungan kami dengan anda. Hubungan ini secara umumnya dikategorikan sebagai:
- calon - termasuk semua individu yang mendekati kami, atau yang terlibat dengan kami dalam proses mencari atau yang melaksanakan bekerja dengan kami atau pelanggan kami;
- pelanggan - termasuk semua individu / syarikat yang kami berurusan dengan tujuan menyediakan penyelesaian dan perkhidmatan pengambilan pekerja untuk perniagaan mereka;
- perujuk - termasuk semua individu yang kami hubungi dalam penilaian keupayaan dan kesesuaian calon-calon kami untuk diambil kerja;
- peserta - termasuk semua individu di mana perkhidmatan peralihan kerjaya, perkhidmatan pengurusan kerjaya, program perubahan, bimbingan atau perkhidmatan lain diberikan kepada; dan
- pengguna laman web - merangkumi semua individu yang berinteraksi dengan kami di laman web kami dan/atau platform/alat dalam talian kami.
Kami juga mungkin mengumpul data peribadi daripada anda jika anda menghubungi kami, contohnya melalui telefon atau e-mel, dan anda tidak termasuk dalam mana-mana kategori di atas.
2.1 calon
Sekiranya anda seorang calon, kami akan mengumpul data peribadi anda yang secara munsabahnya perlu untuk kami menentukan kesesuaian anda untuk bekerja untuk kami atau diambil kerja melalui kami. Contoh-contoh data peribadi yang mungkin kami mengumpul mengenai anda sebagai seorang calon adalah:
- nama dan butiran perhubungan anda, termasuk alamat, alamat e-mel dan nombor telefon anda;
- tarikh lahir anda;
- jantina anda;
- maklumat dalam cover letter, resume dan borang permohonan termasuk kemahiran, kelayakan, sejarah kerja, rujukan, matlamat dan minat anda;
- butiran hak kerja anda di Malaysia / negara lain;
- nombor fail cukai anda dan butiran yang berkaitan;
- pakej gaji/saraan semasa dan/atau yang anda mahukan;
- butir-butir pekerjaan anda sekarang dan/atau sebelumnya, termasuk tanggungjawab yang dilakukan dan kemahiran yang diperlukan dalam peranan anda sekarang dan/atau sebelumnya;
- maklumat yang mendokumenkan sejarah kerja anda dengan kami atau melalui kami (termasuk butiran akaun bank, maklumat gaji dan prestasi kerja);
- hasil penilaian bakat dan psikologi;
- hasil pemeriksaan latar belakang; dan
- maklumat lain yang anda, perujuk atau pelanggan kami yang berikan kepada kami, termasuk maklum balas peribadi dan nota interaksi kami dengan anda dan / atau orang lain yang berkaitan dengan kesesuaian anda untuk bekerja dengan kami atau diambil kerja melalui kami.
Randstad hanya memproses data peribadi anda dengan persetujuan anda atau sepertimana yang dibenarkan di bawah APDP atau mana-mana undang-undang dan peraturan-peraturan lain yang berkenaan.
2.2 pelanggan
Sekiranya anda merupakan pelanggan kami, kami mengumpulkan maklumat yang secara munasabahnya perlu supaya kami boleh memberi penyelesaian pengambilan pekerja yang terbaik kepada anda bergantung kepada keperluan perniagaan anda. Jenis utama maklumat yang dikumpulkan oleh kami mengenai anda sebagai pelanggan kami adalah:
- butir-butir perhubungan anda termasuk alamat anda dan nombor-nombor telefon;
- butiran mengenai tajuk atau penerangan pekerjaan anda dan keperluan organisasi anda; dan
- rekod interaksi kami dengan anda dan maklum balas sulit yang anda mungkin memberi kepada kami mengenai calon kami.
2.3 perujuk
Sekiranya anda seorang perujuk, kami mengumpul maklumat yang secara munsabahnya perlu untuk kami mengenal pasti kesesuaian calon kami untuk bekerja dengan kami atau diambil kerja melalui kami. Jenis utama maklumat yang dikumpul mengenai perujuk adalah:
- butir-butir perhubungan anda termasuk alamat dan nombor-nombor telefon anda;
- butir-butir mengenai tajuk dan pekerjaan anda; dan
- pendapat sulit anda mengenai seseorang calon dan kesesuian mereka untuk bekerja dengan kami atau diambil kerja melalui kami.
2.4 peserta
Sekiranya anda seorang peserta, kami mengumpul maklumat yang secara munasabahnya perlu untuk kami menyediakan kepada anda, perkhidmatan peralihan kerjaya, perkhidmatan pengurusan kerjaya, program perubahan, bimbingan atau perkhidmatan lain yang disediakan oleh kami. Jenis utama data peribadi yang dikumpul oleh kami mengenai anda adalah serupa dengan maklumat yang dikumpulkan mengenai calon (seperti yang diuraikan dalm seksyen 2.1).
3. pihak yang akan mengumpul data peribadi anda
Data peribadi anda akan dikumpulkan oleh Randstad. Kami menggunakan sebilangan jenama/nama perniagaan, seperti yang dinyatakan di bawah.
Jadual di bawah menunjukkan syarikat mana yang merupakan pengawal data berkenaan dengan data anda.
Syarikat | Jenama/Nama Perniagaan |
Agensi Pekerjaan Randstad Sdn. Bhd. | Randstad Malaysia |
Randstad Talent Sdn. Bhd. | Randstad Talent RiseSmart |
4. cara data peribadi anda dikumpulkan
Data peribadi akan dikumpulkan dari anda secara langsung apabila anda menghadiri temuduga dengan salah seorang kakitangan kami. Pada masa ini atau sebelum temuduga sedemikian, anda akan menyelesaikan kertas kerja pendaftaran kami atau sebarang maklumat lain yang berkaitan dengan permohonan anda kepada kami untuk pendaftaran.
Data peribadi juga akan dikumpul apabila:
- kami menerima sebarang rujukan mengenai anda;
- kami menerima keputusan penyelidikan yang mungkin dibuat oleh kami dengan bekas majikan anda, rakan sekerja anda, persatuan profesional atau badan pendaftaran;
- kami menerima keputusan status hak kerja anda;
- kami menerima keputusan mana-mana ujian kemampuan atau ujian perubatan;
- kami menerima maklum balas prestasi (sama ada positif atau negatif);
- kami menerima apa-apa aduan daripada atau mengenai anda di tempat kerja;
- kami menerima sebarang maklumat mengenai kemalangan di tempat kerja di mana anda terlibat;
- kami menerima respons daripada iklan pekerjaan - sama ada dalam bentuk bertulis, lisan atau e-mel;
- kami menerima apa-apa maklumat mengenai sebarang siasatan insurans, litigasi, pendaftaran atau perkara disiplin profesional, perkara jenayah, inkues atau pertanyaan yang anda terlibat; dan
- anda memberi kami maklumat tambahan mengenai anda (termasuk maklumat yang anda berikan kepada kami dalam talian melalui laman web kami).
4.2 pelanggan
Sekiranya anda pelanggan, cara-cara di mana kami mengumpulkan maklumat mengenai anda adalah apabila:
- kami bertemu dengan anda atau berkomunikasi dengan anda dalam apa jua cara; atau
- anda memberi pendapat atau maklum balas anda mengenai salah satu calon kami.
4.3 perujuk
Sekiranya anda seorang perujuk, cara-cara di mana kami mengumpulkan data peribadi mengenai anda adalah apabila:
- seseorang calon memberi butiran perhubungan anda kepada kami dan memaklumkan kepada kami bahawa anda telah bersetuju dengan pengumpulan tersebut; dan
- kami mengambil nota mengenai urusan kami dengan anda termasuk pendapat anda tentang kesesuaian calon untuk bekerja dengan kami atau diambil melalui kami.
4.4 peserta
Sekiranya anda seorang peserta, cara-cara di mana kami mengumpulkan data peribadi mengenai anda adalah apabila anda:
- melengkapkan kaji selidik atau borang yang meminta maklumat daripada kami;
- sama ada memohon atau dikemukakan untuk perkhidmatan peralihan kerjaya, perkhidmatan pengurusan kerjaya, program perubahan, bimbingan atau perkhidmatan lain yang disediakan oleh kami; atau
- memberi kepada kami data peribadi anda secara peribadi atau melalui telefon, e-mel, faks, pos atau cara-cara lain, sama ada atas permintaan kami atau atas inisiatif anda sendiri.
4.5 umum – pelawatan laman web kami & online
Anda boleh melawat laman web kami dan menyemak imbas tanpa perlu menzahirkan sebarang data peribadi.
Apabila anda melawati laman web Randstad, kami merekodkan maklumat tanpa nama seperti tarikh dan waktu lawatan anda, alamat pelayan / IP, laman web yang dilawati dan maklumat yang dilihat dan / atau dimuat turun. Maklumat yang dikumpulkan ini tidak dapat secara langsung, dipadankan kepada seseorang individu dan hanya digunakan untuk tujuan pentadbiran dan statistik seperti error logging. Maklumat itu tidak dapat memberitahu kami apa-apa mengenai anda; ia hanya boleh memberitahu kami tentang cara anda menggunakan laman web kami. Maklumat ini dapat membantu kami menentukan bahagian-bahagian laman web kami yang paling bermanfaat kepada pelawat kami. Tiada percubaan dibuat oleh Randstad untuk mengenal pasti pengguna atau aktiviti penyemakan imbas mereka.
Jika anda (i) melawat laman web Pendaftaran Calon dan mendaftar secara on-line untuk peluang pekerjaan, (ii) berinteraksi dengan kami di mana-mana platform/alat dalam talian kami (termasuk tetapi tidak terhad kepada Alat Perbandingan Gaji di https://randstad.salaryboard.com/landing), atau (iii)melawati laman sumber pelanggan untuk mendaftar (mengisi) kekosongan jawatan, kami mengumpul data peribadi tentang anda, yang anda secara sukarela memberi dengan mengisi butiran anda. Maklumat yang diperlukan mungkin termasuk butiran peribadi asas seperti nama, alamat, nombor telefon dan alamat e-mel anda dll. Anda juga boleh menyerahkan resume anda atau suatu keterangan jawatan. Maklumat yang dikumpulkan pada masa ini disimpan dalam pangkalan data kami untuk didapatkan semula dan digunakan oleh kakitangan Randstad hanya untuk tujuan yang dimaksudkan. Dengan menyerahkan data peribadi anda dengan cara ini, anda mengakui dan menerima Kenyataan Privasi kami.
Dengan mengemukakan lembaran masa melalui laman web kami, maklumat itu akan dihantar terus ke bahagian penggajian kami, di mana ia hanya digunakan untuk tujuan yang dimaksudkan dan tidak dizahirkan kepada sesiapa di luar organisasi kami. Tiada pengumpulan data peribadi dijalankan sehingga anda telah menyelesaikan lembaran masa dan menyerahkannya kepada Randstad untuk diproses.
Anda juga boleh melihat iklan kami di laman web pihak ketiga pengambilan pekerja yang disahkan, yang mungkin menujukan anda ke laman web Randstad untuk anda log masuk dan menghantar permohonan anda dengan data peribadi, atau membolehkan anda menghantar data tersebut melalui fungsi hantar dari laman web pihak ketiga. Sekiranya anda menyerahkan maklumat anda kepada kami melalui laman web pihak ketiga, pastikan anda membaca kenyataan privasi mereka. Sebarang data peribadi yang diterima oleh kami, kami akan mengandaikan bahawa anda telah memberikan kebenaran kepada kami untuk mengumpul, menggunakan, dan menzahirkan (seperti yang diterangkan dalam Kenyataan Privasi ini) data peribadi anda untuk tujuan menilai pencalonan anda berhubung kekosongan yang dimuat naik atau kekosongan lain yang kami mungkin memutuskan untuk melibatkan diri pada masa akan datang.
5. penggunaan data peribadi anda
5.1 calon
Data peribadi anda mungkin diproses untuk:
- penempatan kerja anda yang sebenar atau yang potensi;
- penyemakan status hak kerja anda dengan mana-mana jabatan atau badan kerajaan (atau ejennya);
- di mana dibenarkan di bawah undang-undang, untuk menjalankan secara langsung atau melalui ejen pemeriksaan rujukan jenayah dengan agensi kerajaan yang berkaitan, pemeriksaan latar belakang atau pemeriksaan kredit;
- bayaran untuk kerja yang diselesaikan pada tugasan sementara / kontrak;
- untuk membuat susulan dengan anda untuk menawarkan anda pekerjaan atau memastikan ketersediaan anda untuk bekerja;
- penilaian prestasi anda;
- penilaian kami tentang prestasi dan prospek anda yang berterusan;
- apa-apa ujian atau penilaian (termasuk ujian perubatan dan penilaian) yang anda mungkin perlu menjalani;
- mengenal pasti keperluan latihan anda;
- sebarang pemulihan tempat kerja;
- pengurusan kami tentang apa-apa aduan, siasatan atau siasatan di mana anda terlibat;
- sebarang tuntutan atau cadangan insurans yang memerlukan penzahiran data peribadi anda;
- untuk memberitahu anda tentang perkhidmatan lain yang kami mungkin disediakan; dan
- menganalisis data anda untuk berkongsi peluang pekerjaan yang lebih sesuai atau yang sesuai dengan keperluan anda; dan
- memastikan proses dalaman perniagaan kami berjalan lancar yang mungkin termasuk audit jaminan kualiti, penilaian kualiti dan perkhidmatan, memenuhi keperluan undang-undang dan menjalankan penyelenggaraan dan pengujian sistem sulit.
5.2 pelanggan
Data peribadi yang kami proses mengenai pelanggan biasanya adalah untuk:
- pengurusan hubungan pelanggan dan perniagaan;
- fungsi pengambilan pekerja;
- perkhidmatan pemasaran kepada anda;
- keperluan statistik dan keperluan pematuhan statutori; dan
- pengurusan risiko.
5.3 perujuk
Data peribadi yang kami proses mengenai perujuk biasanya adalah untuk:
- untuk mengesahkan identiti dan hak untuk memberikan rujukan;
- penilaian kesesuaian calon; dan
- fungsi pengambilan pekerja.
5.4 peserta
Data peribadi anda mungkin diproses berkaitan dengan (sepertimana yang berkaitan):
- untuk berkomunikasi dan memberi maklumat yang diminta oleh anda;
- penempatan atau penempatan semula;
- menyediakan program pengurusan kerjaya dan perkhidmatan berkaitan;
- penyediaan perkhidmatan berkaitan dengan program perubahan; dan
- bimbingan eksekutif dan perkhidmatan yang berkaitan.
6. maklumat sensitif
Dengan menandakan persetujuan anda, anda memberikan kami persetujuan nyata anda untuk kami memproses data peribadi sensitif anda seperti maklumat kesihatan mental dan fizikal anda, kepercayaan agama dan apa-apa pelakuan kesalahan (jika ada) bagi tujuan-tujuan yang dinyatakan di atas atau seperti yang diperlukan oleh undang-undang.
Kami juga mungkin akan mendapatkan data peribadi sensitif anda tanpa persetujuan nyata anda dalam keadaan-keadaan yang dibenarkan di bawah undang-undang.
7. penzahiran maklumat anda
7.1 calon
Data peribadi anda mungkin dizahirkan kepada pihak-pihak berikut (termasuk pihak-pihak yang terletak di dalam dan di luar Malaysia. Senarai lokasi-lokasi tersebut tersedia di: http://www.randstad.com/about-us/worldwide-operations):
- pelanggan berpotensi dan/atau sebenar Randstad;
- pihak ketiga yang anda mungkin atau akan ditugaskan untuk berkerja dengan;
- perujuk;
- ahli-ahli Randstad yang lain;
- persatuan profesional atau badan pendaftaran yang mempunyai kepentingan yang wajar dalam penzahiran data peribadi anda;
- penanggung insurans kami;
- mana-mana jabatan atau badan kerajaan (atau agen mereka) untuk mengesahkan status hak kerja anda;
- pembekal latihan berdaftar yang ditetapkan berhubung dengan latihan dan peluang pembangunan peribadi;
- mana-mana orang yang mempunyai kelayakan yang sah untuk mendapatkan maklumat itu;
- pihak ketiga tertentu, termasuk pembekal dan subkontrakor untuk tujuan pelaksanaan melaksanakan apa-apa kontrak yang telah kami masuk dengan mereka;
- (Jika dibenarkan di bawah undang-undang) pembekal pihak ketiga bagi perkhidmatan pemeriksaan jenayah, latar belakang atau kredit;
- ejen dan penasihat anda dan mana-mana orang lain yang diberitahu dan diberi kuasa oleh anda; dan
- pemegang serah hak atau pemegang serah hak berpotensi kami, pemeroleh atau pemeroleh berpotensi kami.
Kami akan menasihati anda tentang niat kami dan mendapatkan persetujuan anda sebelum kami merujuk data peribadi anda kepada pelanggan kami untuk peluang pekerjaan.
Kami mungkin akan mendedahkan data peribadi (di dalam dan di luar Malaysia) secara suci hati, (i) untuk mematuhi keperluan kerajaan, agensi penguatkuasaan undang-undang, dan mana-mana pihak berkuasa yang Randstad tertakluk dibawah atau apa-apa perintah mahkamah atau (ii) seperti yang diperlukan atau relevan kepada apa-apa proses perundangan; atau (iii) jika diperlukan atau dikuatkuasakan undang-undang.
7.2 peserta
Data peribadi anda mungkin dizahirkan untuk tujuan yang dikumpulkan. Secara umum, kami hanya akan menzahirkan data peribadi anda untuk tujuan yang berkaitan dengan penyediaan perkhidmatan peralihan kerjaya, perkhidmatan pengurusan kerjaya, pembinaan, program perubahan atau perkhidmatan lain. Ini mungkin termasuk menzahirkan data peribadi anda kepada pelanggan yang mungkin menjadi majikan anda yang berpotensi atau sebenar. Kami juga mungkin menzahirkan data peribadi anda kepada pihak yang disenaraikan dalam seksyen 7.1.
7.3 penzahiran untuk tujuan berkaitan (berkaitan untuk calon, pelanggan, perujuk dan peserta)
Sejumlah perkhidmatan kami di-outsource kepada penyedia perkhidmatan berkontrak (PPB) dari semasa ke semasa. PPB tersebut munkin terletak di luar negara. Sebgai sebahagian daripada pengaturan outsourcing dengan PPB, merekan mungkin memerlukan akses kepada data peribadi anda.
Biasanya PPB kami termasuk:
- penyedia perisian penyelesaian;
- kontraktor I.T. dan pereka pangkalan data dan pembekal perkhidmatan Internet;
- penasihat undang-undang dan profesional lain;
- broker insurans, penilai kerugian dan penaja jamin;
- ejen pemeriksaan latar belakang; dan
- pelantar pemasaran bakat.
Kami mengambil langkah yang munasabah untuk memastikan syarat-syarat perkhidmatan dengan PPB kami mengakui bahawa kami terikat dengan kewajipan di bawah APDP untuk melindungi privasi data peribadi anda dan bahawa mereka tidak akan melakukan apa pun yang akan menyebabkan kami melanggar kewajipan tersebut.
Sebaik sahaja kami menubuhkan dan mengekalkan hubungan pekerjaan, kakitangan atau hubungan penempatan dengan anda, kami menggunakan data yang anda berikan kepada kami, untuk mematuhi undang-undang dan peraturan, termasuk tetapi tidak terhad kepada undang-undang pekerjaan, cukai dan keselamatan sosial dan peraturan sanction kebangsaan dan antarabangsa. Untuk tujuan yang disebutkan di atas, Randstad mungkin memindahkan data peribadi anda kepada entiti Randstad lain yang menyediakan perkhidmatan bagi pihak Randstad.
8. data peribadi perujuk (berkenaan kepada calon)
Penghantaran rujukan adalah penting untuk proses pengambilan pekerja kerana kami memberi pertimbangan kritikal terhadap sebarang input yang diberikan kepada kami daripada perujuk.
Dengan mengemukakan permohonan anda, anda dikehendaki menyerahkan nama dan data peribadi perujuk yang anda ingin hubungi. Sebelum anda memberi kami sebarang data peribadi mengenai perujuk anda, anda mesti memberitahu setiap perujuk tujuan penggunaan data peribadi (mereka) oleh Randstad dan mendapatkan kebenaran mereka untuk menzahirkan kepada kami data mereka untuk tujuan menilai pencalonan anda untuk kekosongan semasa atau masa depan yang kami mungking terlibat dengan anda dari semasa ke semasa.
9. sekiranya anda tidak memberi maklumat yang diperlu
Melainkan jika dinyatakan, semua maklumat yang diminta oleh Randstad adalah wajib.
Anda berhak untuk tidak memberi data peribadi anda kepada kami. Namun, sekiranya anda tidak memberikan maklumat ini kepada kami, kami mungkin tidak berupaya untuk menyediakan perkhidmatan kami kepada anda. Sebagai contoh, jika anda seorang calon kami mungkin terhad dalam keupayaan kami untuk mencari pekerjaan yang sesuai untuk anda.
10. pemasaran langsung
Kami mungkin memproses data peribadi anda untuk tujuan pemasaran tetapi hanya melalui cara berikutan:
- kami akan menghubungi calon dan peserta (jika berkaitan) semasa mereka berdaftar dengan kami dengan berita terkini berhubung dengan peluang pekerjaan, petua kerjaya, pandangan industri/pasaran dari semasa ke semasa;
- kami akan menghantar pelanggan laman web, berita kami dan makluman kerja yang telah dilanggan; dan
- kami akan menghubungi pelanggan yang kami mempunyai hubungan, dengan maklumat pasaran/industri dan promosi dari semasa ke semasa.
Apabila menghantar bahan pemasaran langsung kami akan memberi anda pilihan sama ada anda ingin menerima komunikasi pemasaran lebih lanjut atau tidak. Kami biasanya menggunakan e-mel, telefon, WhatsApp dan/atau SMS.
11. cara Randstad melindungi sekuriti maklumat anda
Kami mengambil semua langkah yang munasabah untuk melindungi data peribadi anda daripada penyalahgunaan, kehilangan, akses tidak sah, pengubahsuaian dan penzahiran.
Kami mempunyai beberapa langkah keselamatan untuk melindungi maklumat anda. Sebagai contoh, data peribadi anda disimpan di pejabat yang terjamin aman dan dalam pangkalan data berkomputer yang memerlukan log masuk dan kata laluan untuk mendapat akses. Akses kepada pangkalan data hanya tersedia kepada mereka yang memerlukan akses tersebut. Semua kakitangan terikat dengan perjanjian kerahsiaan mengenai maklumat syarikat dan pelanggan. Pengunjung ke premis kami sentiasa diiringi oleh seorang kakitangan untuk tempoh lawatan.
Oleh kerana kemudahan penyimpanan dan pelayan teknologi maklumat kami terletak di negara lain, data peribadi anda boleh dipindahkan ke, disimpan, digunakan dan diproses dalam bidang kuasa selain dari Malaysia. Anda memahami dan bersetuju dengan pemindahan data peribadi anda dari Malaysia seperti yang diterangkan di sini dan di bawah seksyen 7.1 dan 7.3.
Di mana kami memindahkan data peribadi anda ke negara di luar Malaysia, kami akan mengambil langkah-langkah untuk memastikan bahawa data peribadi anda terus menerima standard perlindungan yang sekurang-kurangnya sebanding dengan yang diberikan di bawah APDP.
12. ketepatan data peribadi
Secara amnya, kami bergantung kepada data peribadi yang diberi oleh anda (atau wakil anda yang diberi kuasa). Untuk memastikan data peribadi anda adalah terkini, lengkap dan tepat, sila memberi kemasi kini kepada kami jika terdapat perubahan pada data peribadi anda dengan memaklumkan Pegawai Perlindungan Data secara bertulis atau melalui e-mel di butiran hubungan yang disediakan di bawah.
13. hak anda – penarikan balik persetujuan anda
Anda berhak untuk menarik balik persetujuan anda untuk pemprosesan data peribadi anda dengan memberi notis yang munasabah kepada Randstad dengan menghantar permintaan bertulis kepada Pegawai Perlindungan Data kami di butiran hubungan yang disediakan di bawah.
Setelah menerima permintaan bertulis anda untuk menarik balik persetujuan anda, kami mungkin memerlukan masa yang berpatutan (bergantung kepada kerumitan permintaan dan kesannya terhadap hubungan kami dengan anda) untuk permintaan anda diproses dan untuk kami memaklumkan anda tentang implikasi penarikan balik persetujuan anda.
Kami juga mungkin meminta anda untuk mengesahkan identiti anda dan meminta maklumat lanjut mengenai permintaan anda.
14. hak anda – pembetulan maklumat yang diberi
14.1 maklumat umum
Jika anda ingin membuat (a) permintaan akses untuk mendapatkan salinan data peribadi yang kami pegang tentang anda atau maklumat mengenai cara kami menggunakan atau menzahirkan data peribadi anda, atau (b) permintaan pembetulan untuk membetulkan atau mengemas kini mana-mana data peribadi anda yang kami pegang tentang anda, anda boleh menghantar permintaan anda secara bertulis atau melalui e-mel kepada Pegawai Perlindungan Data kami di butiran hubungan yang disediakan di bawah.
Sila ambil perhatian bahawa bayaran yang munasabah mungkin dikenakan untuk permintaan akses. Jika berkenaan, kami akan memaklumkan anda tentang bayaran sebelum memproses permintaan anda.
Kami akan bertindak balas terhadap permintaan anda secepat mungkin. Jika kami tidak dapat menjawab permintaan anda dalam masa dua puluh satu (21) hari selepas menerima permintaan anda, kami akan memaklumkan anda secara bertulis berkenaan masa yang mana kami akan dapat menjawab permintaan anda. Sekiranya kami tidak dapat memberikan data peribadi anda atau membuat pembetulan yang diminta oleh anda, secara amnya kami akan memberitahu anda tentang sebab-sebab mengapa kami tidak dapat melakukannya (melainkan jika kami tidak diwajibkan di bawah APDP).
14.2 calon
Jika anda seorang calon, maklumat yang diberikan oleh perujuk atau dari pelanggan tentang anda sering kali diberikan secara rahsia. Oleh itu, penzahiran pendapat yang diberikan oleh perujuk atau pelanggan mungkin mempunyai kesan yang tidak munasabah terhadap privasi individu tersebut. Jika perujuk atau pelanggan memberikan maklumat mengenai anda secara rahsia, anda tidak boleh mengakses maklumat ini, dan kami tidak akan dapat memberinya tanpa kebenaran perujuk atau pelanggan (seperti yang berkenaan).
15. pengekalan data peribadi
Kami boleh mengekalkan data peribadi anda selagi perlu untuk memenuhi tujuan yang dikumpulkan, atau seperti yang diperlukan atau dibenarkan oleh undang-undang yang terpakai. Kami akan berhenti mengekalkan data peribadi anda, atau mengeluarkan cara di mana data tersebut boleh dikaitkan dengan anda, dengan seberapa segera munasabah untuk menganggap bahawa pengekalan itu tidak lagi berfungsi dengan tujuan yang mana data peribadi dikumpulkan, dan tidak lagi diperlukan untuk tujuan undang-undang atau perniagaan.
16. penggunaan laman web kami
Seperti kebanyakan laman web, apabila anda melawati laman web kami, kami boleh merakam maklumat tanpa nama seperti alamat IP (di mana tidak digunakan untuk mengenal pasti individu tertentu), masa, tarikh, merujuk URL, halaman yang diakses dan dokumen yang dimuat turun, jenis pelayar dan sistem pengendalian.
Kami juga menggunakan "cookies" dan alat penjejakan yang lain. Cookie adalah fail kecil yang tinggal di komputer anda sehingga, bergantung kepada sama ada ia adalah cookie sessional atau berterusan, anda mematikan komputer anda atau ia tamat tempoh. Cookie boleh mengumpul dan menyimpan data peribadi anda. Anda boleh melaraskan penyemak imbas internet anda untuk melumpuhkan cookie. Sekiranya cookies dilumpuhkan, anda masih boleh menggunakan laman web kami, tetapi mungkin terhad pada penggunaan beberapa ciri. Untuk mendapatkan maklumat lanjut tentang cookie di laman web kami, sila periksa penyataan cookie di www.randstad.com/cookies.
17. laman web luaran
Laman web atau perkomunikasian kami mungkin mengandungi pautan ke atau dari laman web lain. Laman web luaran yang dikaitkan dengan atau dari laman web Randstad tidak berada di bawah kawalan kami dan anda dinasihatkan untuk menyemak kenyataan privasi mereka. Pengguna perlu ambil perhatian bahawa terdapat risiko yang berkaitan dengan penghantaran maklumat melalui Internet dan oleh itu, anda harus membuat penilaian anda sendiri tentang potensi risiko terhadap keselamatan maklumat anda.
18. perubahan terhadap Kenyataan Privasi ini
Kenyataan Privasi kami dikaji dan dikemas kini dengan kerap, dan butiran terkini akan sentiasa tersedia di laman web kami.
19. cara menghubungi kami
Jika anda ingin membuat sebarang pertanyaan atau aduan atau permintaan untuk mengakses, membetulkan atau mengehadkan pemprosesan data peribadi kamu, sila hubungi:
Pegawai Privasi Data Randstad Malaysia
No. telefon: +603 2036 6608 / 6637
e-mel: privacy@randstad.com.my
alamat: Suite 22.02, Level 22, The Gardens North Tower, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur, Malaysia.
Sekiranya terdapat sebarang percanggahan di antara versi Bahasa Inggeris dan versi Bahasa Malaysia notis ini, versi Bahasa Inggeris akan diguna pakai.
Singapore PP
Effective December 14th 2020
DownloadTable of Contents
At Randstad, protecting your personal data is important to us. We are committed to ensuring that your privacy is respected and maintained at all times and have based this Privacy Statement on applicable privacy laws as well as our existing obligations of confidentiality.
“personal data” means data, whether true or not, about an individual who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access. The following are some examples of personal data: name, address, telephone number, and e-mail address.
1. what does this privacy statement cover?
This Privacy Statement explains how Randstad Pte. Limited collects personal data and how we maintain, use and disclose that information. It also provides details about your privacy rights, along with our general rights and obligations in relation to the personal data we keep on record.
By continuing to use our services via our website or by providing personal data to us, you agree to the collection, use and disclosure of your personal data in the manner set out in this Privacy Statement.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
- candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
- clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
- referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment;
- participants - include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to; and
- website users – includes all individuals who engage with us on our website and/or our online platforms/tools.
We may also collect personal data from you if you contact us (for example by phone or email) and do not fall into one of the above categories.
- candidates
If you are a candidate we collect your personal data as reasonably necessary for us to determine your suitability for work with us or through us. Some examples of personal data that we may collect about you as a candidate are:
- your name and contact details, including your address, email address and phone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Singapore/other countries;
- your tax file number and related details;
- your current and/or desired salary/remuneration package;
- details of your current and/or previous employment, including the responsibilities undertaken and skills required in your current and/or previous role;
- information documenting your work history with or through us (including bank account details, salary and work performance information);
- aptitude and psychological assessment results;
- the results of background checks; and
- other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Randstad only collects, uses and discloses personal data with your consent or deemed consent or as otherwise permitted under the Personal Data Protection Act 2012 (PDPA) or other applicable laws and regulations.
2.2 clients
If you are our client, we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organisational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our candidates.
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
- your contact details including your address and telephone numbers;
- details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you with career transition services, career management services, change programs, coaching or other services provided by us. The main types of personal data we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
2.5 website users
a. General
For general information with regard to visiting our website, please refer to section 4.1a below.
For general information with regard to visiting our website, please refer to section 4.1a below.
b. Salary Benchmark Online Tool
On our website, we have an online salary survey tool (https://randstad.salaryboard.com/landing) that allows a user to input data to generate a free personalised compensation benchmark report (“Salary Benchmark Online Tool”). This allows a user to, amongst others, benchmark his/her current pay, variable components and level of responsibilities.
On our website, we have an online salary survey tool (https://randstad.salaryboard.com/landing) that allows a user to input data to generate a free personalised compensation benchmark report (“Salary Benchmark Online Tool”). This allows a user to, amongst others, benchmark his/her current pay, variable components and level of responsibilities.
We collect your personal data as reasonably necessary for us to provide you with the free service of the Salary Benchmark Online Tool. Some examples of personal data that we may collect about you when you request for your free personalised compensation benchmark report on the Salary Benchmark Online Tool include:
- Your name;
- Your contact details;
- Your salary and compensation information;
- Your Job title and industry;
- Years of experience;
- Your education level;
- Your Role and Responsibilities of your current and/or previous job;
- Your skills; and
- Any other information that you provide to us.
3. who will be collecting your personal data
Your personal data will be collected by Randstad Pte. Limited. We use a number of brands/business names, as set out below.
Legal Entity | Brands/Business Names |
Randstad Pte. Limited | Randstad Singapore Randstad Technologies Randstad Sourceright RiseSmart |
4. how your personal data will be collected
4.1 candidates
Personal data will be collected from you directly when you attend an interview with one of our staff members. At this time or prior to such interview, you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal data will also be collected when:
- we receive any reference about you;
- we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
- we receive the results of your work rights status;
- we receive the results of any competency or medical test;
- we receive performance feedback (whether positive or negative);
- we receive any complaint from or about you in the workplace;
- we receive any information about a workplace accident in which you are involved;
- we receive a response from a job advertisement – either written, verbal or email;
- we receive information on job and/or market surveys in which you participate in and volunteer information for;
- we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
- you provide us with any additional information about you (including information that you provide to us online via our website).
4.2 clients
If you are a client the ways in which we collect information about you are when:
- we meet you or communicate with you in any way; or
- you provide your opinion or feedback regarding one of our candidates.
4.3 referees
If you are a referee the ways in which we collect personal data about you are when:
- a candidate provides us with your contact details and informs us that you have consented to such collection; and
- we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
4.4 participants
If you are a participant the ways in which we collect personal data about you are when you:
- complete a survey or form requesting information from us;
- either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by us; or
- otherwise provide us with personal data in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
4.5 website users
a. general - visiting our web site
You can visit our web site and browse without the need to disclose any personal data.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you (i) visit the Candidate Registration web site and register on-line for employment opportunities, (ii) engage with us on any of our online platforms/tools (including but not limited to the Salary Benchmark Online Tool at https://randstad.salaryboard.com/landing) or (iii) visit the client resources site to register a vacancy, we do collect some personal data about you, which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by a Randstad staff only for the purposes for which it was intended. By submitting your personal data in this way, you acknowledge and accept our Privacy Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal data until you have completed the time sheet and submit it to Randstad for processing.
You can also view our advertisements on authorized third party recruitment websites which may either direct you to the Randstad website for you to log in and submit your application with personal data, or allow you to submit such data via the submit function of the third party website. If you submit your information to us through a third party website, please ensure that you read their privacy statement. Any personal data we receive we will assume that you have consented to allow us to collect, use, and disclose (as described in this Privacy Statement) your personal data for the purposes of evaluating your candidacy in relation to the vacancy posted or other vacancies which we may decide to engage in the future.
b. Salary Benchmark Online Tool
We collect your personal data when you use our Salary Benchmark Online Tool.
5. use of your personal data
5.1 candidates
Your personal data may be used in connection with:
- your actual or possible work placement;
- checking your work rights status with any government department or body (or their agents);
- where legally permitted, to undertake directly or through agents a criminal reference check with relevant government agencies, background checks or credit checks;
- payment for work completed on a temporary/contract assignment;
- to follow up with you to offer you work or ascertain your availability for work;
- your performance appraisals;
- our analysis and/or assessment of your ongoing performance and/or prospects;
- any test or assessment (including medical tests and assessments) that you might be required to undergo;
- our identification of your training needs;
- any workplace rehabilitation;
- our management of any complaint, investigation or inquiry in which you are involved;
- any insurance claim or proposal that requires disclosure of your personal data;
- to tell you about the other services that we may provide;
- analysing your data to share job opportunities which are of a better fit or which matches your requirements closer; and
- ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
5.2 clients
Personal data that we collect, hold, use and disclose about clients is typically used for:
- client and business relationship management;
- recruitment functions;
- marketing services to you;
- statistical purposes and statutory compliance requirements; and
- risk management.
5.3 referees
Personal data that we collect, hold, use and disclose about referees is typically used for:
- to confirm identity and authority to provide references;
- candidate suitability assessment; and
- recruitment functions.
5.4 participants
Your personal data may be used in connection with (as relevant):
- to communicate with and provide information requested by you;
- outplacement or redeployment;
- provision of career management programs and associated services;
- provision of services in connection with change programs; and
- executive coaching and associated services.
5.5 website users – Salary Benchmark Online Tool
Your personal data may be used in connection with:
- providing you with your free personalised compensation benchmark report on the Salary Benchmark Online Tool;
- activities which are ancillary to the provision of and your use of the Salary Benchmark Online Tool;
- analysis of your salary/compensation data and related data that you have provided to us to enable us to provide and increase the accuracy of the Salary Benchmark Online Tool; and
- compliance with any requirements by an authority, regulator and/or Government body and/or requirement of applicable law.
6. disclosure of your information
6.1 candidates
Your personal data may be disclosed to:
- potential and actual employers and clients of Randstad;
- potential and/or actual parties that you may be assigned to work for;
- referees;
- other members of Randstad, clients and third party service providers and suppliers located in Randstad’s worldwide locations. A list of these locations is available at: www.randstad.com/find-randstad-in-your-country;
- a professional association or registration body that has a proper interest in the disclosure of your personal data;
- our insurers;
- any government department or body (or their agents) to verify your work rights status;
- a designated, registered training provider in relation to training and personal development opportunities;
- any person with a lawful entitlement to obtain the information; and
- select third parties including suppliers and sub-contractors for the performance of any contract we enter into with them;
- (where permitted by law) third party providers of criminal, background or credit checking services;
- your agents and advisors and any other person notified by and authorised by you; and
- our assignnees or potential assignees, acquirers or potential acquirers and successors-in-title.
We will advise you of our intentions and gain consent before we refer your personal data to our clients for possible work opportunities.
We may also disclose your personal data (within and outside Singapore) in good faith, (i) to comply with requirements of the government, law enforcement agency, any authorities to whom Randstad is subject to or any orders of court; (ii) as is necessary or relevant in relation to any legal process; or (iii) if required or authorised by law.
6.2 participants
Your personal data may be disclosed for the purpose for which it is collected. That is, generally, we will only disclose your personal data for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal data to clients who may be your potential or actual employer. We may also disclose your personal data to the parties listed in section 6.1.
6.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal data.
Typically our CSPs would include:
- software solutions providers;
- I.T. contractors and database designers and Internet service suppliers;
- legal and other professional advisors;
- insurance brokers, loss assessors and underwriters;
- background checking and screening agents; and
- talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the PDPA to protect the privacy of your personal data and that they will not do anything that would cause us to breach those obligations.
Once we establish and maintain an employment, staffing or placement relationship with you, we use the data you provided to us, to comply with laws and regulations, including but not limited to employment law, tax and social security and national and international sanctions regulation compliance. For the purposes mentioned above, Randstad may transfer your personal data to other Randstad entities that provide services on behalf of Randstad.
6.4 website users - Salary Benchmark Online Tool
Your personal data may be disclosed to:
- other members of Randstad, and third party service providers and suppliers located in Randstad’s worldwide locations. A list of these locations is available at: www.randstad.com/find-randstad-in-your-country;
- any person or authority (including a government department/body) with a lawful entitlement to obtain the information; and
- select third parties including suppliers and sub-contractors for the performance of any contract we enter into with them.
7. personal data of referees (relevant to candidates)
The submission of references is essential to the recruitment process as we give critical consideration to any input provided to us by your referees.
In submitting your application, you shall be required to submit the names and other personal data of referees you wish us to contact. Before you give us any personal data about your referees, you must notify each referee with the purpose of Randstad’s use of their personal data and obtain their permission to disclose to us their data for the purposes of evaluating your candidacy for current or future vacancies that we may engage with you from time to time.
8. if you do not give us the information we seek
You can refuse to provide us with your personal data. However if you do not give us this information, we may not be able to provide our services to you. For example:
- if you are a candidate we may be limited in our ability to locate suitable work for you; or
- if you are a website user engaging with us on our Salary Benchmark Online Tool, we will not be able to provide the free personalised compensation benchmark report to you).
9. direct marketing
We may sometimes use personal data for marketing purposes but only in the following ways:
- we will contact candidates and participants (where relevant) while they are registered with us with updates in relation to employment opportunities, career tips, industry/market insights from time to time;
- we will send subscribers to our website news and job alerts to which they have subscribed; and
- we will contact clients with whom we have a relationship with industry/market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications. We usually use email, phone, WhatsApp, and/or SMS.
10. how does randstad protect the security of your information
We take all reasonable steps to protect your personal data from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal data is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information. Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
As our information technology storage facilities and servers may be located in other jurisdictions, your personal data may be transferred to, stored, used and processed in a jurisdiction other than Singapore. You understand and consent to the transfer of your Personal Data out of Singapore as described herein and under sections 6.1 and 6.3.
Where we transfer your personal data to a country outside of Singapore, we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
11. accuracy of personal data
We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
12. your rights – withdrawing your consent
You are entitled to withdraw your consent for the collection, use and disclosure of your personal data by giving Randstad reasonable notice by sending a written request to our Data Protection Officer at the contact details provided below.
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the implications of such withdrawal.
We may also ask you to verify your identity and for more information about your request.
In general (and provided you have given us sufficient information for us to process your request), we shall seek to respond/process your request within ten (10) business days of receiving it.
In general (and provided you have given us sufficient information for us to process your request), we shall seek to respond/process your request within ten (10) business days of receiving it.
Please note that withdrawing your consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is required/permitted under applicable laws.
13. your rights – correcting information you have provided
13.1 general
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
13.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
14. retention of personal data
We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
15. using our website
As with most websites, when you visit our website, we may record anonymous information such as IP address (where not used to identify a specific individual), time, date, referring URL, pages accessed and documents downloaded, type of browser and operating system.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
16. external sites
Our website or communications may contain links to or from other websites. External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their privacy statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
17. changes to this privacy statement
Our Privacy Statement is reviewed and updated regularly, and the updated details will always be available on our web site.
18. how to contact us about this privacy statement
If you wish to contact us about any concerns or queries in relation to your personal data or this Privacy Statement, please contact:
Randstad Singapore Data Privacy Officer
email: privacy@randstad.com.sg
address: Randstad Pte Ltd, 50 Raffles Place, #17-02 Singapore Land Tower, Singapore, 048623
email: privacy@randstad.com.sg
address: Randstad Pte Ltd, 50 Raffles Place, #17-02 Singapore Land Tower, Singapore, 048623
Hong Kong PP
Effective December 14th 2020
DownloadTable of Contents
privacy policy statement – Hong Kong
At Randstad Hong Kong Limited (“Randstad”), protecting your personal data is important to us. We are committed to protecting the privacy, confidentiality, and security of the personal data we hold by complying with the Personal Data (Privacy) Ordinance (“PDPO”) with respect to the management of personal data. We are equally committed to ensuring that all our employees and agents uphold these obligations.
“personal data” means any information relating directly or indirectly to a living individual from which it is practicable for the identity of the individual to be directly or indirectly ascertained and in a form which access to or processing is practicable. The following are some examples of personal data: name, address, telephone number, NRIC/passport number and e-mail address.
1. what does this privacy policy statement cover?
This privacy policy statement explains how Randstad collects personal data and how we maintain, use and disclose that information. It also provides details about your rights with respect to data protection laws, along with our general rights and obligations in relation to the personal data we keep on record (“Privacy Statement”).
By continuing to use our services via our website or by providing personal data to us, you agree to the collection, use and disclosure of your personal data in the manner set out in this Privacy Statement.
2. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
- candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
- clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
- referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment;
- participants - include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to; and
- website users – includes all individuals who engage with us on our website and/or our online platforms/tools.
We may also collect personal data from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
2.1 candidates
If you are a candidate we collect your personal data as reasonably necessary for us to determine your suitability for work with us or through us. Some examples of personal data that we may collect about you as a candidate are:
- your name and contact details, including your address, email address and phone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Hong Kong /other countries;
- your tax file number and related details;
- your current and/or desired salary/remuneration package;
- details of your current and/or previous employment, including the responsibilities undertaken and skills required in your current and/or previous role;
- information documenting your work history with or through us (including bank account details, salary and work performance information);
- aptitude and psychological assessment results;
- the results of background checks; and
- other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Randstad only processes personal data with your consent or as otherwise permitted under the PDPO or other applicable laws and regulations.
2.2 clients
If you are our client, we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organisational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our candidates.
2.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
- your contact details including your address and telephone numbers;
- details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
2.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you career transition services, career management services, change programs, coaching or other services provided by us. The main types of personal data we collect about you are similar to the information we collect about candidates (outlined in section 2.1).
3. who will be collecting your personal data
Your personal data will be collected by Randstad Hong Kong Limited. We use a number of brands/business names, as set out below.
Legal Entity | Brands/Business Names |
Randstad Hong Kong Limited | Randstad Hong Kong Randstad Sourceright RiseSmart |
4. how your personal data will be collected
4.1 candidates
Personal data will be collected from you directly when you attend an interview with one of our staff
members. At this time or prior to such interview, you will complete our registration paperwork or any other information in connection with your application to us for registration.
Personal data will also be collected when:
- we receive any reference about you;
- we receive results of inquiries that we might make with your former employers, work colleagues, professional associations or registration body;
- we receive the results of your work rights status;
- we receive the results of any competency or medical test;
- we receive performance feedback (whether positive or negative);
- we receive any complaint from or about you in the workplace;
- we receive any information about a workplace accident in which you are involved;
- we receive a response from a job advertisement – either written, verbal or email;
- we receive information on job and/or market surveys in which you participate in and volunteer information for;we receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
- you provide us with any additional information about you (including information that you provide to us online via our website).
4.2 clients
If you are a client the ways in which we collect information about you are when:
- we meet you or communicate with you in any way; or
- you provide your opinion or feedback regarding one of our candidates.
4.3 referees
If you are a referee the ways in which we collect personal data about you are when:
- a candidate provides us with your contact details and informs us that you have consented to such collection; and
- we take notes of our dealings with you including your opinions of the suitability of a candidate for work with or through us.
4.4 participants
If you are a participant the ways in which we collect personal data about you are when you:
- complete a survey or form requesting information from us;
- either apply or are put forward for career transition services, career management services, change programs, coaching or other services provided by us; or
- otherwise provide us with personal data in person or via telephone, email, fax, post or other means, whether at our request or at your own initiative.
4.5 website users
a. general - visiting our web site
You can visit our web site and browse without the need to disclose any personal data.
When you visit the Randstad web site, we record anonymous information such as the date and time of your visit, the server/IP address, which site was visited and the information viewed and/or downloaded. The information gathered cannot be directly matched to an individual and is only used for administration and statistical purposes such as error logging. The information cannot tell us anything about you; it can only tell us about how you used our web site. This information can help us determine what areas of our web site are most beneficial to our visitors. No attempt is made by Randstad to identify users or their browsing activities.
If you (i) visit the Candidate Registration web site and register on-line for employment opportunities, (ii) engage with us on any of our online platforms/tools (including but not limited to the Salary Benchmark Online Tool at https://randstad.salaryboard.com/landing) or, (iii) visit the client resources site to register a vacancy, we do collect some personal data about you, which you volunteer by filling in your details. The information required may include providing basic personal details such as your name, address, phone number and email address etc. You may also submit your resume or a position description. The information gathered at this point is stored in our database for retrieval and use by a Randstad staff only for the purposes for which it was intended. By submitting your personal data in this way, you acknowledge and accept our Privacy Statement.
When submitting a time sheet via our web site, the information is transmitted directly to our payroll division, where it is only used for the intended purpose and is not disclosed to anyone outside the organisation. There is no collection of personal data until you have completed the time sheet and submit it to Randstad for processing.
You can also view our advertisements on authorized third party recruitment websites which may either direct you to the Randstad website for you to log in and submit your application with personal data, or allow you to submit such data via the submit function of the third party website. If you submit your information to us through a third party website, please ensure that you read their privacy statement. Any personal data we receive we will assume that you have consented to allow us to collect, use, and disclose (as described in this Privacy Statement) your personal data for the purposes of evaluating your candidacy in relation to the vacancy posted or other vacancies which we may decide to engage in the future.
b. Salary Benchmark Online Tool
We collect your personal data when you use our Salary Benchmark Online Tool.
5. use of your personal data
5.1 candidates
Your personal data may be used in connection with:
- your actual or possible work placement;
- checking your work rights status with any government department or body (or their agents);
- where legally permitted, to undertake directly or through agents a criminal reference check with relevant government agencies, background checks or credit checks;
- payment for work completed on a temporary/contract assignment;
- to follow up with you to offer you work or ascertain your availability for work;
- your performance appraisals;
- our analysis and/or assessment of your ongoing performance and prospects;
- any test or assessment (including medical tests and assessments) that you might be required to undergo;
- our identification of your training needs;
- any workplace rehabilitation;
- our management of any complaint, investigation or inquiry in which you are involved;
- any insurance claim or proposal that requires disclosure of your personal data;
- to tell you about the other services that we may provide;
- analysing your data to share job opportunities which are of a better fit or which matches your requirements closer; and
- ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
5.2 clients
Personal data that we process about clients are typically for:
- client and business relationship management;
- recruitment functions;
- marketing services to you;
- statistical purposes and statutory compliance requirements; and
- risk management.
5.3 referees
Personal data that we process about referees are typically for:
- to confirm identity and authority to provide references;
- candidate suitability assessment; and
- recruitment functions.
5.4 participants
Your personal data may be processed in connection with (as relevant):
- to communicate with and provide information requested by you;
- outplacement or redeployment;
- provision of career management programs and associated services;
- provision of services in connection with change programs; and
- executive coaching and associated services.
6. disclosure of your information
6.1 candidates
Your personal data may be disclosed to the following parties (including those within and outside of Hong Kong. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations):
- potential and actual clients of Randstad;
- referees;
- other members of Randstad;
- a professional association or registration body that has a proper interest in the disclosure of your personal data;
- our insurers;
- any government department or body (or their agents) to verify your work rights status;
- a designated, registered training provider in relation to training and personal development opportunities;
- any person with a lawful entitlement to obtain the information;
- Select third parties including suppliers and sub-contractors for the performance of any contract we enter into with them;
- (Where permitted by law) third party providers of criminal, background or credit checking services;
- Your agents and advisors and any other person notified by and authorised by you; and
- Our assignnees or potential assignees, acquirers or potential acquirers and successors-in-title.
We will advise you of our intentions and gain consent before we refer your personal data to our clients for possible work opportunities.
We may also disclose your personal data (within and outside Hong Kong) in good faith, (i) to comply with requirements of the government, law enforcement agency, any authorities to whom Randstad is subject to or any orders of court; (ii) as is necessary or relevant in relation to any legal process; or (iii) if required or authorised by law.
6.2 participants
Your personal data may be disclosed for the purpose for which it is collected. That is, generally, we will only disclose your personal data for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal data to clients who may be your potential or actual employer. We may also disclose your personal data to the parties listed in section 6.1.
6.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal data.
Typically our CSPs would include:
- software solutions providers;
- I.T. contractors and database designers and Internet service suppliers;
- legal and other professional advisors;
- insurance brokers, loss assessors and underwriters;
- background checking and screening agents; and
- talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the PDPO to protect the privacy of your personal data and that they will not do anything that would cause us to breach those obligations.
Once we establish and maintain an employment, staffing or placement relationship with you, we use the data you provided to us, to comply with laws and regulations, including but not limited to employment law, tax and social security and national and international sanctions regulation compliance. For the purposes mentioned above, Randstad may transfer your personal data to other Randstad entities that provide services on behalf of Randstad.
7. personal data of referees (relevant to candidates)
The submission of references is essential to the recruitment process as we give critical consideration to any input provided to us by your referees.
In submitting your application, you shall be required to submit the names and other personal data of referees you wish us to contact. Before you give us any personal data about your referees, you must notify each referee with the purpose of Randstad’s use of their personal data and obtain their permission to disclose to us their data for the purposes of evaluating your candidacy for current or future vacancies that we may engage with you from time to time.
8. if you do not give us the information we seek
Unless otherwise stated, all information requested by Randstad is obligatory.
You can refuse to provide us with your personal data. However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
9. direct marketing
We may sometimes use personal data for marketing purposes but only in the following ways:
- we will contact candidates and participants (where relevant) while they are registered with us with updates in relation to employment opportunities, career tips, industry/market insights from time to time;
- we will send subscribers to our website news and job alerts to which they have subscribed; and
- we will contact clients with whom we have a relationship with industry/market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications. We usually use email, phone, WhatsApp, and/or SMS.
10. how does Randstad protect the security of your information
We take all reasonable steps to protect your personal data from misuse, loss, unauthorised access, modification and disclosure.
We have a number of safety measures in place to protect your information. For example, your personal data is stored in secured offices and in computerised databases which require a log in and password to gain access. Access to the database is only available to those who require such access. All staff are bound by a confidentiality agreement regarding company and customer information. Visitors to our premises are always accompanied by a member of staff for the duration of the visit.
As our information technology storage facilities and servers may be located in other jurisdictions, your personal data may be transferred to, stored, used and processed in a jurisdiction other than Hong Kong. You understand and consent to the transfer of your personal data out of Hong Kong as described herein and under sections 6.1 and 6.3.
Where we transfer your personal data to a country outside of Hong Kong, we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPO.
11. accuracy of personal data
We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
12. your rights - withdrawing your consent
You are entitled to withdraw your consent for the processing of your personal data by giving Randstad reasonable notice by sending a written request to our Data Protection Officer at the contact details provided below.
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the implications of such withdrawal.
We may also ask you to verify your identity and for more information about your request.
13. your rights – correcting information you have provided
13.1 general
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within fourty (40) days after receiving your request, we will inform you in writing days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPO).
13.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
14. retention of personal data
We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
15. using our website
As with most websites, when you visit our website, we may record anonymous information such as IP address (where not used to identify a specific individual), time, date, referring URL, pages accessed and documents downloaded, type of browser and operating system.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
We also use “cookies” and other tracking tools. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but may be limited in the use of some of the features. For more information about the cookies on our website, please check the cookie statement at www.randstad.com/cookies.
16. external sites
Our website or communications may contain links to or from other websites. External sites that are linked to or from the Randstad web site are not under our control and you are advised to review their privacy statement. Users should note there are inherent risks associated with the transmission of information via the Internet and you should therefore make your own assessment of the potential risk to the security of your information.
17. changes to this Privacy Statement
Our Privacy Statement is reviewed and updated regularly, and the updated details will always be available on our web site.
18. how to contact us about this Privacy Statement
If you would like to make any inquiries or complaints or requests to access, correct or limit our processing of your personal data, please contact:
Randstad Hong Kong Data Privacy Officer
email: privacy@randstad.com.hk
address: Room 2903, 29/F, Hysan Place, 500 Hennessy Road, Causeway Bay, Hong Kong.
personal information collection statement – Hong Kong
This personal information collection statement is intended to notify you why personal data is collected by Randstad Hong Kong Limited Randstad”), how it will be used and to whom data access or correction requests are to be addressed (“PICS”).
“personal data” means any information relating directly or indirectly to a living individual from which it is practicable for the identify of the individual to be directly or indirectly ascertained and in a form in which access to or processing of the data is practicable. The following are some examples of personal data: name, address, telephone number, NRIC/passport number and e-mail address.
1. types of information that we collect and hold
The type of information that we typically collect and hold will vary depending on our relationship with you. These relationships are generally categorised as:
- candidates - include all individuals who approach us, or who are engaged by us in the process of seeking or performing work with us or our clients;
- clients - include all individuals/companies who we deal with for the purpose of providing recruitment solutions and services for their business;
- referees - include all individuals who we contact in evaluating our candidates’ capabilities and suitability for employment;
- participants - include all individuals to whom career transition services, career management services, change programs, coaching or other services are provided to; and
- website users – includes all individuals who engage with us on our website and/or our online platforms/tools.
We may also collect personal data from you if you contact us, for example by phone or email, and do not fall into one of the above categories.
1.1 candidates
If you are a candidate we collect your personal data as reasonably necessary for us to determine your suitability for work with us or through us. Some examples of personal data that we may collect about you as a candidate are:
- your name and contact details, including your address, email address and phone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Hong Kong /other countries;
- your tax file number and related details;
- your current and/or desired salary/remuneration package;
- details of your current and/or previous employment, including the responsibilities undertaken and skills required in your current and/or previous role;
- information documenting your work history with or through us (including bank account details, salary and work performance information);
- aptitude and psychological assessment results;
- the results of background checks; and
- other information that you, your referees or our clients provide to us, including personal feedback and notes of our interactions with you and/or others in relation to your suitability for work with us or through us.
Randstad only processes personal data with your consent or as otherwise permitted under the Personal Data (Privacy) Ordinance (“PDPO”) or other applicable laws and regulations.
1.2 clients
If you are our client, we collect information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of information we collect about you as our client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organisational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our candidates.
1.3 referees
If you are a referee we collect information that is reasonably necessary for us to determine a candidate’s suitability for work with us or through us. The main types of information we collect about referees are:
- your contact details including your address and telephone numbers;
- details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
1.4 participants
If you are a participant we collect information that is reasonably necessary for us to provide you with career transition services, career management services, change programs, coaching or other services provided by us. The main types of personal data we collect about you are similar to the information we collect about candidates (outlined in section 1.1).
2. purpose of use of your personal data
2.1 candidates
Your personal data may be processed for:
- your actual or possible work placement;
- checking your work rights status with any government department or body (or their agents);
- Where legally permitted, to undertake directly or through agents a criminal reference check with relevant government agencies, background checks or credit checks;
- payment for work completed on a temporary/contract assignment;
- to follow up with you to offer you work or ascertain your availability for work;
- your performance appraisals;
- our assessment of your ongoing performance and prospects;
- any test or assessment (including medical tests and assessments) that you might be required to undergo;
- our identification of your training needs;
- any workplace rehabilitation;
- our management of any complaint, investigation or inquiry in which you are involved;
- any insurance claim or proposal that requires disclosure of your personal data;
- to tell you about the other services that we may provide; and
- ensuring our internal business processes are running smoothly which may include quality assurance audits, quality and services evaluations, fulfilling legal requirements and conducting confidential systems maintenance and testing.
2.2 clients
Personal data that we process about clients are typically for:
- client and business relationship management;
- recruitment functions;
- marketing services to you;
- statistical purposes and statutory compliance requirements; and
- risk management.
2.3 referees
Personal data that we process about referees are typically for:
- to confirm identity and authority to provide references;
- candidate suitability assessment; and
- recruitment functions.
2.4 participants
Your personal data may be processed in connection with (as relevant):
- to communicate with and provide information requested by you;
- outplacement or redeployment;
- provision of career management programs and associated services;
- provision of services in connection with change programs; and
- executive coaching and associated services.
3. disclosure of your information
3.1 candidates
Your personal data may be disclosed to the following parties (including those within and outside of Hong Kong. A list of these locations is available at: http://www.randstad.com/about-us/worldwide-operations):
- potential and actual clients of Randstad;
- referees;
- other members of Randstad;
- a professional association or registration body that has a proper interest in the disclosure of your personal data;
- our insurers;
- any government department or body (or their agents) to verify your work rights status;
- a designated, registered training provider in relation to training and personal development opportunities;
- any person with a lawful entitlement to obtain the information;
- Select third parties including suppliers and sub-contractors for the performance of any contract we enter into with them;
- (Where permitted by law) third party providers of criminal, background or credit checking services;
- Your agents and advisors and any other person notified by and authorised by you; and
- Our assignnees or potential assignees, acquirers or potential acquirers and successors-in-title.
We will advise you of our intentions and gain consent before we refer your personal data to our clients for possible work opportunities.
We may also disclose your personal data (within and outside Hong Kong) in good faith, (i) to comply with requirements of the government, law enforcement agency, any authorities to whom Randstad is subject to or any orders of court; (ii) as is necessary or relevant in relation to any legal process; or (iii) if required or authorised by law.
3.2 participants
Your personal data may be disclosed for the purpose for which it is collected. That is, generally, we will only disclose your personal data for a purpose related to the provision of career transition services, career management service, coaching, change programs or other services. This may include disclosing your personal data to clients who may be your potential or actual employer. We may also disclose your personal data to the parties listed in section 3.1.
3.3 related purpose disclosures (relevant for candidates, clients, referee and participants)
We outsource a number of services to contracted service suppliers (CSPs) from time to time. Such CSPs may be located overseas. As part of the outsourcing arrangement with a CSP, they may need access to some of your personal data.
Typically our CSPs would include:
- software solutions providers;
- I.T. contractors and database designers and Internet service suppliers;
- legal and other professional advisors;
- insurance brokers, loss assessors and underwriters;
- background checking and screening agents; and
- talent marketplace platforms.
We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations under the PDPO to protect the privacy of your personal data and that they will not do anything that would cause us to breach those obligations.
Once we establish and maintain an employment, staffing or placement relationship with you, we use the data you provided to us, to comply with laws and regulations, including but not limited to employment law, tax and social security and national and international sanctions regulation compliance. For the purposes mentioned above, Randstad may transfer your personal data to other Randstad entities that provide services on behalf of Randstad.
3.4. personal data of referees (relevant to candidates)
The submission of references is essential to the recruitment process as we give critical consideration to any input provided to us by your referees.
In submitting your application, you shall be required to submit the names and other personal data of referees you wish us to contact. Before you give us any personal data about your referees, you must notify each referee with the purpose of Randstad’s use of their personal data and obtain their permission to disclose to us their data for the purposes of evaluating your candidacy for current or future vacancies that we may engage with you from time to time.
4. if you do not give us the information we seek
Unless otherwise stated, all information requested by Randstad is obligatory.
You can refuse to provide us with your personal data. However if you do not give us this information, we may not be able to provide our services to you. For example, if you are a candidate we may be limited in our ability to locate suitable work for you.
5. direct marketing
We may sometimes use personal data for marketing purposes but only in the following ways:
- we will contact candidates and participants (where relevant) while they are registered with us with updates in relation to employment opportunities, career tips, industry/market insights from time to time;
- we will send subscribers to our website news and job alerts to which they have subscribed; and
- we will contact clients with whom we have a relationship with industry/market information and promotions from time to time.
When sending direct marketing material we will give you the option as to whether or not you wish to receive further marketing communications. We usually use email, phone, WhatsApp, and/or SMS.
6. your rights – accessing and correcting information you have provided
6.1 general
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within fourty (40) days after receiving your request, we will inform you in writing days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPO).
6.2 candidates
If you are a candidate, information provided by referees or from clients about you is often given on a confidential basis. Accordingly, disclosing the opinions given by a referee or client may have an unreasonable impact on the privacy of those individuals. If referees or clients provide information about you on a confidential basis, you may not access this information, and we will not be able to share it with you without the consent of the referee or client (as applicable).
7. how to contact us about this PICS
If you would like to make any inquiries or complaints or requests to access, correct or limit our processing of your personal data, please contact:
Randstad Hong Kong Data Privacy Officer
email: privacy@randstad.com.hk
address: Room 2903, 29/F, Hysan Place, 500 Hennessy Road, Causeway Bay, Hong Kong.
POLÍTICA DE PRIVACIDAD DE RISESMART (ES_ES)
Effective December 17th 2020
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POLÍTICA DE PRIVACIDAD
En Randstad nos tomamos muy en serio los datos personales que nos facilitas al usar nuestros servicios y nos comprometemos a mantener tus datos personales completamente a salvo.
De conformidad con el Reglamento Europeo 2016/679 del Parlamento Europeo y del Consejo de 27 de abril de 2016, el Reglamento General de Protección de Datos de la Unión Europea y la Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales, te informamos que tus datos personales serán tratados de acuerdo con los requisitos establecidos en la referida normativa.
A continuación podrás encontrar más información sobre nuestro compromiso con tu privacidad.
¿Quién es el Responsable del tratamiento de tus datos?
El Grupo Randstad (o Randstad), compuesto por las siguientes entidades:
- Randstad España, S.L.U., CIF B-85536134
- Randstad Empleo Empresa de Trabajo Temporal, S.A.U., CIF A-80652928
- Randstad Project Services, S.L.U., CIF B-84425131
- Vexter Outsourcing, S.A.U., CIF A-79492286
- Randstad Technologies, S.A.U., CIF A-81989360
- Randstad Consultores y Soluciones de Recursos Humanos, S.L.U., CIF B-81500043
- Fundación Randstad, CIF G-83844316
Domicilio social: Calle Vía de los Poblados, nº 9, Edificio B, 28033 Madrid.
Los datos de contacto del Delegado de Protección de Datos (DPO) que centralizará la gestión de la protección de datos de Randstad son: proteccion.datos@randstad.es.
¿De dónde proceden tus datos?
Tus datos personales nos han sido proporcionados por ti directamente. También es posible que tus datos de contacto nos hayan sido proporcionados por un Cliente en el contexto del desarrollo del programa de outplacement encargado a Randstad. Asimismo, en aquellos procesos de selección donde sea necesario obtener referencias, tus datos nos serán proporcionados por las empresas en las que hayas trabajado a lo largo de tu carrera profesional.
¿Con qué finalidades tratamos tus datos?
Es necesario que facilites a Randstad datos de carácter identificativo y de contacto, relativos a las características personales, académicos y profesionales, de empleo y y demás datos complementarios (permisos y titulaciones, aficiones, conocimientos de idiomas y otras materias disciplinarias…) para la valoración de tu perfil profesional y para que Randstad pueda orientarte en tu futuro desarrollo laboral, o incluso facilitar tu candidatura para las eventuales ofertas de trabajo tanto del propio Grupo Randstad como de terceras empresas, que puedan surgir durante el desarrollo del programa de recolocación y de las que Randstad tenga conocimiento. La comunicación de tus datos es un requisito necesario para poder participar en el programa de outplacement y, en caso de no consentirlo, no podrás participar en el mismo.
Asimismo, es posible que en determinados procesos de selección se necesite solicitar referencias a las empresas en las que hayas trabajado a lo largo de tu carrera profesional. Con la aceptación de esta Política de Privacidad autorizas a Randstad expresamente para solicitar y obtener esas referencias.
Tus datos personales también serán tratados para informarte, incluso por vía electrónica, de todo lo que tenga relación directa o indirecta con el programa de reorientación profesional en el que participas y las candidaturas a las que optes dentro del mismo.
Garantizas que los datos facilitados son ciertos, haciéndote expresamente responsable de las posibles consecuencias que tuvieran causa en la falsedad de dicha información. Por su parte, Randstad ha adoptado las medidas técnicas y organizativas necesarias para garantizar la seguridad e integridad de tus datos, así como para evitar su alteración, pérdida, tratamiento o acceso no autorizados.
El plazo de conservación de tus datos será por el tiempo necesario para satisfacer la finalidad para la cual nos los has facilitado, así como para atender las responsabilidades del Grupo Randstad que se pudieran derivar de los datos facilitados o de cualquier otra exigencia legal.
¿Cuál es la legitimación para el tratamiento de tus datos?
La base legal para el tratamiento de tus datos es el consentimiento que prestas al aceptar esta Política de Privacidad antes de enviarnos/facilitarnos tus datos.
¿A qué destinatarios se comunicarán tus datos?
Tus datos se comunicarán a aquellas empresas (Clientes) que, por su propia iniciativa o a propuesta específica de Randstad, pudieran estar interesadas en la valoración de tu candidatura para un determinado puesto de trabajo.
Asimismo, se podrán comunicar los datos de progreso al Cliente en el contexto del desarrollo del programa de outplacement encargado a Randstad. Adicionalmente, y únicamente si has prestado de forma previa tu consentimiento, podemos compartir tus comentarios acerca de Randstad Risesmart con tu empresa con el objetivo de mejorar nuestros servicios y procesos.
Finalmente, Randstad podrá comunicar igualmente tu datos a las Administraciones Públicas, Jueces y Tribunales con motivo del cumplimiento de las obligaciones legales que le correspondan. Igualmente Randstad podrá comunicar los datos a terceros, pertenezcan o no al grupo Randstad, que presten servicios en nombre de Randstad en relación con las finalidades de tratamiento indicadas (ya sea en su condición de corresponsables o encargados del tratamiento). Tal comunicación podrá producirse desde el mismo momento en que prestes tu consentimiento con la aceptación de esta Política de Privacidad.
¿Realizamos transferencias internacionales de datos?
Los proveedores contratados por el Grupo Randstad para la prestación de distintos servicios, pueden llegar a tratar tus datos personales y realizar transferencias internacionales de tus datos fuera del Espacio Económico Europeo (EEE) y a países con respecto de los cuales no exista una decisión de adecuación por parte de la Comisión Europea, las cuales se llevan a cabo estableciendo los marcos jurídicos adecuados.
Para más información sobre las transferencias internacionales de datos realizadas por Randstad accede al siguiente enlace.
¿Cuáles son tus derechos cuando nos facilitas tus datos?
Tienes garantizados los derechos que se establecen en la legislación en materia de protección de datos personales, y podrás ejercer, gratuitamente y cuando lo estimes oportuno, los derechos de acceso, rectificación, supresión, oposición, limitación de su tratamiento, de portabilidad y el derecho a revocar el consentimiento prestado en lo concerniente a su tratamiento, sin que ello afecte a la licitud de tratamiento basado en el consentimiento previo a su retirada. Para obtener información más detallada sobre tus derechos, puedes acceder a la guía de la Agencia Española de Protección de Datos.
Para el ejercicio de cualquiera de los derechos aludidos podrás remitir la solicitud por correo electrónico a proteccion.datos@randstad.es o bien dirigir una comunicación escrita, a la siguiente dirección postal: GRUPO Randstad - Protección de datos, Calle Vía de los Poblados nº 9, Edificio “Trianon”, Bloque B, planta 4ª, 28033, Madrid, adjuntando en todos los casos copia del documento acreditativo de tu identidad.
Cuando entiendas que no se ha atendido adecuadamente al ejercicio de tus derechos o consideres que tus datos no son tratados correctamente, podrás dirigir tus reclamaciones a la Agencia Española de Protección de Datos, www.agpd.es.
En todo caso, finalizado el periodo de retención o solicitada la cancelación por tu parte, Randstad se reserva el derecho a conservar, debidamente bloqueados, tus datos en los casos en que ello fuera necesario para dar cumplimiento a las obligaciones y responsabilidades impuestas por las leyes o normas de obligado cumplimiento, o cuando fuera requerida para ello por mandato de autoridad competente con arreglo a derecho.
Privacy Policy (En_US)
Effective November 21st 2024
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RISESMART’S PRIVACY POLICY
Last Updated on December 30, 2020
Last Updated on December 30, 2020
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at
https://www. randstadenterprise.com/your- privacy-explained/ ) (collectively, the “Site”), subject to its Terms of Service (located at
https://www. randstadenterprise.com/terms- and-conditions/ ) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit
https://www. randstadenterprise.com/dsar.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective September 5th 2024 to November 21st 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on December 30, 2020
Last Updated on December 30, 2020
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at
https://www. randstadenterprise.com/your- privacy-explained/ ) (collectively, the “Site”), subject to its Terms of Service (located at
https://www. randstadenterprise.com/terms- and-conditions/ ) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit
https://www. randstadenterprise.com/dsar.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you. For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective September 5th 2024 to September 5th 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on December 30, 2020
Last Updated on December 30, 2020
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at
https://www. randstadenterprise.com/your- privacy-explained/ ) (collectively, the “Site”), subject to its Terms of Service (located at
https://www. randstadenterprise.com/terms- and-conditions/ ) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit
https://www. randstadenterprise.com/dsar.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you. For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective September 22nd 2023 to September 5th 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on December 30, 2020
Last Updated on December 30, 2020
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you. For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective December 30th 2020 to September 22nd 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on December 30, 2020
Last Updated on December 30, 2020
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@risesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@risesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
T&C 61 Default
CP New RSE Apac KO_KR
Effective March 1st 2021
DownloadTable of Contents
필수 쿠키
이 쿠키는 웹사이트 작동에 필수적이며 당사의 시스템에서는 사용을 중지할 수 없습니다. 필수 쿠키는 일반적으로 개인정보 보호 환경설정, 로그인 또는 양식 작성과 같이 본건 서비스 요청 범위에 해당되는 사용자 행동에 대해 응답하는 경우에만 설정됩니다.
사용자는 이 쿠키를 차단하거나 쿠키 알림이 울리도록 브라우저를 설정할 수 있으나, 이 경우 사이트의 일부 기능이 작동되지 않을 수도 있습니다. 이 쿠키에는 어떠한 개인식별정보도 저장되지 않습니다.
사용자는 이 쿠키를 차단하거나 쿠키 알림이 울리도록 브라우저를 설정할 수 있으나, 이 경우 사이트의 일부 기능이 작동되지 않을 수도 있습니다. 이 쿠키에는 어떠한 개인식별정보도 저장되지 않습니다.
사용된 쿠키
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
성능 쿠키
당사는 이 쿠키를 사용해 방문자수와 트래픽 소스를 집계하여 사이트의 성능을 측정하고 개선할 수 있습니다. 성능 쿠키를 사용하면 사이트에서 가장 있기 있는 페이지와 인기가 없는 페이지, 사이트 내 방문자의 이동 방식을 파악할 수 있습니다.
성능 쿠키를 통해 수집되는 모든 정보는 통합된 익명의 형태로 수집됩니다. 이 쿠키를 허용하지 않은, 경우 당사는 사용자가 당사의 사이트에 방문한 시기를 알 수 없으며 사이트의 성능을 모니터링할 수 없게 됩니다.
성능 쿠키를 통해 수집되는 모든 정보는 통합된 익명의 형태로 수집됩니다. 이 쿠키를 허용하지 않은, 경우 당사는 사용자가 당사의 사이트에 방문한 시기를 알 수 없으며 사이트의 성능을 모니터링할 수 없게 됩니다.
사용된 쿠키
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
카테고리 | 쿠키 |
app.listenloop.com |
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hs-analytics.net |
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hubspot.net |
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hubspot.com |
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hs-scripts.com |
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hsstatic.net | __cfduid |
기능 쿠키
이 쿠키를 사용하면 웹사이트에서 향상된 기능 및 맞춤 서비스를 제공할 수 있습니다. 기능 쿠키는 당사 또는 당사의 페이지에 서비스를 추가한 타사 제공업체에서 설정할 수 있습니다.
이 쿠키를 허용하지 않을 경우 이 서비스의 일부 또는 전부가 제대로 작동하지 않을 수 있습니다.
이 쿠키를 허용하지 않을 경우 이 서비스의 일부 또는 전부가 제대로 작동하지 않을 수 있습니다.
사용된 쿠키
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
카테고리 | 쿠키 |
hsforms.net |
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io.narrative.io |
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dpmsrv.com |
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ndg.io |
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v12group.com |
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match.adsby.bidtheatre.com |
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img.webmd.com |
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dmp.truoptik.com |
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cdn.viglink.com |
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visiblemeasures.com |
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pool.admedo.com |
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entitytag.co.uk |
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truoptik.com |
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newton.newtonsoftware.com |
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api.at.getsocial.io |
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mmsho.com |
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lkqd.net |
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linksynergy.com |
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dlx.addthis.com |
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nextinsure.com |
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rezync.com |
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dsp.io |
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live.rezync.com |
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p.mmsho.com |
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choozle.com |
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cs.popwal.it |
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postrelease.com |
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adventori.com |
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tags.rd.linksynergy.com |
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secure.insightexpressai.com |
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prf.hn |
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trkn.us |
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popwal.it |
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accounts.google.com |
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marchex.io |
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fzlnk.com |
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links.services.disqus.com |
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view.vzaar.com |
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타겟팅 쿠키
이 쿠키는 당사의 광고 파트너가 사이트에서 설정할 수 있습니다. 당사의 광고 파트너는 타겟팅 쿠키를 사용해 사용자의 관심영역 프로필을 작성하고 다른 사이트에서 사용자에게 관련 광고를 표시할 수 있습니다.
타켓팅 쿠키에는 어떠한 개인정보도 직접적으로 저장되지 않으나, 사용자의 브라우저 및 인터넷 기기를 고유하게 식별하는 것을 근거로 합니다. 사용자가 이 쿠키를 허용하지 않을 경우 타겟팅된 광고는 감소됩니다.
타켓팅 쿠키에는 어떠한 개인정보도 직접적으로 저장되지 않으나, 사용자의 브라우저 및 인터넷 기기를 고유하게 식별하는 것을 근거로 합니다. 사용자가 이 쿠키를 허용하지 않을 경우 타겟팅된 광고는 감소됩니다.
사용된 쿠키
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
카테고리 | 쿠키 |
facebook.com |
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openx.net |
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clickagy.com |
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demdex.net |
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simpli.fi |
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turn.com |
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domdex.com |
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exelator.com |
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addthis.com |
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hlserve.com |
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videoamp.com |
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gwallet.com |
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adbrn.com |
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tag.crsspxl.com |
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company-target.com |
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krxd.net |
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pippio.com |
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adsnative.com |
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w55c.net |
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everesttech.net |
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advertising.com |
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pubmatic.com |
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ru4.com |
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dpm.demdex.net |
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pro-market.net |
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mxptint.net |
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bizrate.com |
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insightexpressai.com |
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match.rundsp.com |
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netseer.com |
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shareaholic.com |
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viglink.com |
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ibeu2.mookie1.com |
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jivox.com |
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myvisualiq.net |
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ml314.com |
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media6degrees.com |
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tidaltv.com |
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adkernel.com |
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criteo.com |
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bing.com |
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crsspxl.com |
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weborama.fr |
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rubiconproject.com |
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c.bing.com |
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global.ib-ibi.com |
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s.thebrighttag.com |
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3lift.com |
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bizographics.com |
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bidr.io |
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casalemedia.com |
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reson8.com |
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youtube.com |
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adsrvr.org |
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linkedin.com |
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tapad.com |
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crwdcntrl.net |
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disqus.com |
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ads.linkedin.com |
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vmweb.net |
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videostat.com |
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google.com |
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rlcdn.com |
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google.co.uk |
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bluekai.com |
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rfihub.com |
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t.sharethis.com |
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sharethis.com |
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scorecardresearch.com |
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adnxs.com |
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Effective March 1st 2021
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서비스 약관
1. 약관의 수락.
1.1 RiseSmart, Inc. 및 그 계열사(통칭하여, ‘당사’라 함)는 본 서비스 약관(본 ‘약관’이라 함)에 의거하여 당사가 관리하는 웹사이트(http://www.RiseSmart.com에 있는 사이트를 포함하되 이에 한정되지 않음)(통칭하여, ‘사이트’라 함)를 통해 사용자에게 당사의 서비스(아래 정의됨)를 제공합니다. 본 약관을 수락하거나 서비스 또는 사이트에 액세스 또는 이를 이용하면 사용자는 본 약관을 읽고 이해했으며 이에 구속되는 데 동의함을 확인하게 됩니다. 본 약관에 동의하지 않을 경우 사용자는 본 약관을 수락해서는 안되며 서비스를 이용할 수 없습니다.
1.2 당사는 사전 고지 없이 본 약관을 수시로 변경할 수 있습니다. 개정된 약관은 게시일로부터 효력이 발생하며, 사용자가 효력 발생일 이후에 서비스를 이용하는 경우 사용자가 개정된 약관을 수락한 것으로 간주됩니다. 본 약관에 대한 변경사항을 수락할 수 없는 경우, 사용자의 유일한 구제 조치는 서비스에 대한 액세스 및 이용을 중지하는 것입니다.
2. 서비스에 대한 설명.
‘서비스’에는 (a) 사이트, (b) 당사의 재취업 알선 및 경력 관리 서비스, 기타 관련 서비스(파일 관리 및 분석 서비스 포함), 관련 기술 및 애플리케이션(애플리케이션 및 서비스에 액세스할 수 있도록 허용하는 모바일 또는 기타 인터페이스를 통해 액세스한 애플리케이션 및 서비스를 포함하되 이에 한정되지 않음), 및 (c) 모든 소프트웨어(이하 정의에 따른 소프트웨어 포함), 자료, 포털, 추천, 직업 안내, 데이터, 보고서, 텍스트, 이미지, 사운드, 비디오, 분석 및 전술한 사항을 통해 제공된 기타 콘텐츠(통칭하여, ‘콘텐츠’라 함)가 포함됩니다. 서비스에 추가되거나 이를 보강하는 새로운 기능도 본 약관의 적용을 받습니다.
3. 일반 조건/서비스에 대한 액세스 및 이용
3.1 본 약관의 조건에 따라 사용자는 합법적인 목적에 한하여 서비스에 액세스하고 이를 이용할 수 있습니다. 서비스 및 그 구성요소에 대한 모든 권리, 소유권 및 이권은 당사에게 있으며 당사가 전적으로 소유합니다. 사용자는 다음과 같은 행위를 하지 않으며 제3자에게 이러한 행위를 허용해서는 안됩니다. (a) 서비스의 소스 코드를 복사, 복제, 수정, 삭제, 배포, 다운로드, 저장, 전송, 발행, 2차 저작물 생성, 리버스 엔지니어링, 리버스 어셈블하거나 직접 또는 간접적으로 달리 검색을 시도하는 행위, 서비스를 판매, 재이용 허가, 재판매, 임대, 이전, 양도 또는 타임 셰어링하거나 달리 상업적으로 활용 또는 제3자에게 제공하는 행위, (b) 서비스를 불법적인 방식(데이터, 개인정보 또는 수출 규제법의 위반을 포함하되 이에 한정되지 않음)으로 또는 서비스 또는 그 구성요소의 무결성 또는 성능을 저해하거나 방해하는 방식으로 이용하는 행위, (c) 서비스를 수정, 개조 또는 해킹하거나 달리 서비스 또는 관련 시스템이나 네트워크에 무단 액세스를 시도하는 행위, 또는 (d) 다른 웹사이트 또는 미디어(예: 네트워킹 환경)에서 콘텐츠를 사용하는 행위. 사용자는 서비스와 관련하여 당사가 사용자에게 제공하거나 발행하는 윤리 강령, 정책 또는 기타 고지 사항을 준수해야 하며, 서비스와 관련된 보안 위반 사실을 알게 되는 즉시 당사에 이를 알려야 합니다. 또한 사용자는 특정 서비스 이용 시 해당 서비스에 적용되는 추가 조건(당사의 개인정보보호방침을 포함하되 이에 한정되지 않고 서비스에 수시로 게시될 수 있음)을 준수해야 합니다.
3.2 서비스와 관련하여 당사가 제공할 수 있는 소프트웨어(‘소프트웨어’)에는 관련 지적재산 및 기타 법률의 보호를 받는 독점적인 기밀 정보가 포함됩니다. 본 약관의 조건에 따라 당사는 서비스와 관련된 경우에 한하여 단일 기기에서 소프트웨어의 오브젝트 코드(object code)를 사용할 수 있는 개인적이고 양도와 재판매가 불가능하며 비독점적인 권리와 라이선스를 사용자에 부여합니다. 사용자는 서비스에 액세스 시 사용하도록 당사가 제공한 인터페이스를 제외한 기타 방법으로는 서비스에 액세스하지 않기로 동의합니다. 본 약관에서 명시적으로 부여되지 않은 모든 권리는 유보되며, 서비스와 관련하여 당사 또는 제3자의 상표를 사용할 어떠한 라이선스 또는 권리도 사용자에게 부여되지 않습니다.
3.3 서비스와 관련하여 사용자가 업로드, 게시, 전달, 제공 또는 다른 방법으로 전송 또는 저장(이하 ‘전송’)하는 모든 데이터, 정보, 의견, 제안, 텍스트, 콘텐츠 및 기타 자료(‘사용자의 콘텐츠’)에 대한 책임은 전적으로 사용자에게 있습니다. 사용자는 서비스와 관련하여 사용자가 전송한 사용자의 콘텐츠가 (a) 정확하고, 진실하며, 합법적이고, 적절하며, 정직하고, 완전하며(사용자가 구직자 또는 경력 개발자로서 서비스를 이용하는 경우 사용자의 이력서, 신상 자료 및 고용 정보와 관련된 사항을 포함하되 이에 한정되지 않음), (b) 버그, 웜 또는 바이러스가 없음을 진술 및 보증합니다. 사용자는 사용자가 상기 내용을 위반한 것으로 간주되는 경우 또는 본 약관의 기타 조건에 따라 당사가 사용자의 콘텐츠를 서비스에서 삭제할 수 있음에 동의합니다. 사용자는 사용자의 로그인, 비밀번호 및 계정의 비밀 유지와 사용자의 로그인 또는 계정에서 발생하는 모든 활동에 대한 책임이 있습니다. 당사는 사용자의 기술 지원 요청에 응답할 수 있도록 사용자의 계정에 액세스할 권리를 보유합니다. 사용자는 서비스를 통해 사용자의 콘텐츠를 전송함으로써 서비스와 관련하여 사용자의 콘텐츠를 사용, 수정, 복제, 배포, 전시, 발행, 및 수행할 수 있는 전 세계적, 비독점적, 영구적, 취소불능, 저작권 사용료 없는, 완납된 서브라이선스 및 양도 가능한 라이선스를 당사에 부여합니다. 당사는 서비스, 콘텐츠 또는 사용자의 콘텐츠를 선별 또는 모니터링할 권리(의무는 아님)를 보유합니다. 사용자는 당사가 어떠한 이유로든(해당 콘텐츠와 관련하여 제3자 또는 당국으로부터 소송이나 주장을 수령한 경우를 포함하되 이에 한정되지 않음) 또는 이유 없이 언제든지 콘텐츠를 삭제하거나 사용 중지할 수 있음에 동의합니다.
3.4 사용자는 사용자의 콘텐츠를 포함한 서비스의 운영이 암호화되지 않을 수 있고, (a) 다양한 네트워크를 통한 전송, (b) 네트워크 또는 기기 연결의 기술 요구사항을 준수하고 적용하기 위한 변경, (c) 필요한 하드웨어, 소프트웨어, 네트워킹, 스토리지 및 서비스의 운영 및 유지 관리에 필요한 관련 기술을 제공하기 위한 당사의 타사 공급업체 및 호스팅 파트너에 대한 전송 및 (d) 사용자에게 서비스를 제공하는 것과 관련된 다른 제3자에 대한 전송과 관련될 수 있음을 이해합니다. 따라서 사용자는 사용자의 콘텐츠에 대한 적절한 보안, 보호 및 백업에 대한 책임은 전적으로 사용자에게 있음을 인정합니다. 당사는 사용자의 콘텐츠에 대한 무단 액세스 또는 사용, 사용자의 콘텐츠 손상, 삭제, 파기 또는 손실에 대해 사용자에게 어떠한 책임도 지지 않습니다.
3.5 사용자가 구직자 또는 경력 개발자인 경우, 사용자는 서비스를 통해 제공되거나 획득한 직업 기회 및 기타 정보를 관리하는 데 있어 본인의 판단, 주의 및 상식을 활용하기로 하며, 서비스를 통해 제공된 모든 콘텐츠(직업 안내 또는 경력 조언 또는 추천 포함)를 신뢰하고 사용하는 데 대한 책임은 전적으로 사용자에게 있음에 동의합니다.
3.6 당사가 본 약관의 권리 또는 조항을 행사 또는 집행하지 못하는 경우에도 해당 권리를 포기하는 것으로 간주되지 않습니다. 사용자는 본 약관이 사용자와 당사가 자필로 서명한 약관이 아닌 전자 서명에 의한 약관임에도 불구하고 사용자와 당사 간의 계약이며, 사용자의 서비스 이용을 규율하며 이전에 사용자와 당사 간에 체결된 유사한 계약을 대체함을 인정합니다.
3.7 사용자는 당사의 기업 고객이 당사와 계약을 체결하여 (a) 해당 기업 고객과 고용관계가 해제되었거나 해제될 예정인 직원들 중 서비스를 이용해 직업을 탐색하고 있는 법인 기업의 현직 및/또는 전직 직원을 지원(‘재취업 알선 지원’)하거나 (b) 서비스를 이용해 경력을 개발 중인 기업 고객의 현직 직원을 지원(‘경력 개발 지원’), ((a)와 (b)를 통칭하여, ‘기업 고객 약정사항’이라 함)하도록 할 수 있음을 인정합니다. 사용자가 재취업 알선 지원을 위해 기업 고객 약정에 따라 서비스를 사용할 경우, 당사는 진행상황 보고서는 물론 사용자를 식별하고 사용자의 서비스 이용이나 서비스 이용 범위, 주요 진행상황 및 직업 탐색 상황, 서비스와 관련된 고객만족이나 기타 피드백을 알 수 있는 정보를 각각 또는 통합하여 기업 고객 측에 제공할 수 있습니다. 사용자가 경력 개발 지원을 위해 기업 고객 약정에 따라 서비스를 사용할 경우, 당사는 진행상황 보고서는 물론 사용자를 식별하고 사용자의 서비스 이용이나 서비스 이용 범위, 주요 진행상황 및 직업 탐색 상황, 서비스와 관련된 고객만족이나 기타 피드백을 알 수 있는 정보를 통합하여 기업 고객 측에 제공할 수 있습니다. 기업 고객 약정과 관련하여 사용자와 기업 고객이 제공한 정보에 관한 당사의 수집, 이용 및 공유에 관한 자세한 정보는 당사의 개인정보보호방침을 참고하시기 바랍니다.
3.8 기업 고객 약정에 따라 서비스를 이용하는 경우, 사용자는 사용자에게 제공된 서비스가 어떤 경우에도 서비스에 대한 액세스 권한을 사용자에게 부여한 기업 고객 약정의 범위, 기간 또는 기타 제한을 벗어나지 않을 것을 인정합니다.
사용자는 당사가 (a) 서비스의 사용에 관한 일반 관행 및 제한(콘텐츠 또는 사용자의 콘텐츠가 서비스에 의해 보관되는 최대 기간 및 사용자를 위해 할당된 최대 저장 공간을 포함하되 이에 한정되지 않음)을 설정할 수 있고, (b) 당사는 서비스에 의해 유지 관리되거나 서비스에 업로드된 콘텐츠 또는 사용자의 콘텐츠가 삭제되거나 저장되지 않은 경우 이에 대해 어떠한 책임도 지지 않으며, (c) 법률에 의해 요구되거나 보존 또는 공개가 (i) 법적 절차, 관련 법률 또는 정부 요청을 준수하기 위해, (ii) 본 약관을 이행하기 위해, (iii) 콘텐츠 또는 사용자의 콘텐츠가 제3자의 권리를 위반한다는 주장에 대응하기 위해, 또는 (iv) 당사, 그 사용자 및 대중의 권리, 재산 또는 개인 안전을 보호하기 위해 합리적으로 필요하다고 확신하는 경우 콘텐츠 또는 사용자의 콘텐츠를 보존할 수 있고, 이를 공개할 수도 있음에 동의합니다. 사용자는 당사가 언제든지 어떠한 이유(콘텐츠 또는 사용자의 콘텐츠와 관련한 제3자 또는 당국으로부터의 소송 또는 주장을 수령한 경우를 포함하되 이에 한정되지 않음)로 또는 아무런 이유 없이 콘텐츠 또는 사용자의 콘텐츠를 삭제 또는 사용 중지할 수 있음에 동의합니다.
4. 결제
서비스 또는 그 일부가 유료로 제공되는 경우(당사의 기업 고객이 달리 결제하지 않는 경우), 사용자는 요금제를 선택하고 신용 카드 또는 기타 결제 수단에 관한 정보를 당사에 제공해야 합니다. 사용자는 당사에 이와 같은 정보가 사실이며 사용자가 결제 수단을 사용할 권한을 가지고 있음을 진술 및 보증합니다. 사용자는 발생 가능성이 있는 변경 사항(예: 청구서 수신 주소 또는 신용 카드 만기일의 변경)을 포함하여 계정 정보를 신속하게 업데이트해야 합니다. 사용자는 결제 방법 및 본 약관의 조건에 따라 요금제에 명시된 금액을 당사에 지급하는 데 동의합니다. 사용자는 사용자가 계정을 해지할 때까지 당사가 해당 요금제의 조건에 따라 사용자의 결제 수단에 정기적으로 사전 청구할 수 있는 것을 승인하며, 사용자는 이와 같이 발생한 요금을 지불하는 데 동의합니다. 요금에 이의가 있는 경우 당사가 사용자에게 청구서를 발급한 날로부터 60일 내에 당사에 알려야 합니다. 당사는 언제라도 당사의 가격을 변경할 수 있는 권리를 보유합니다. 당사가 가격을 변경하는 경우 당사는 변경 사항이 효력을 발생하기 최소 30일 전에 당사의 선택에 따라 사이트 또는 이메일로 변경 사항에 대해 고지할 것입니다. 가격 변경이 효력을 발생한 후 서비스를 계속 사용하는 경우 이는 사용자가 변경된 요금을 지불하는 데 동의함을 의미합니다. 기업 고객 약정에 따라 서비스를 이용하는 경우 해당 기업 고객은 당사가 사용자에게 제공하는 것을 승인한 특정 서비스 패키지에 대한 요금을 청구받습니다.
5. 진술 및 보증.
사용자의 이용과 관련하여 사용자는 다음과 같은 행위를 하지 않기로 합니다. 모든 지역, 주 및 연방 규칙, 규정 및 법령(미국 수출법 및 규정, 차별 반대 또는 평등 고용법을 포함하되 이에 한정되지 않음)을 위반하는 행위, 특허, 저작권, 상표 또는 영업 비밀을 포함하되 이에 한정되지 않고 제3자의 지적 재산권 및 사생활 보호권을 침해하는 행위, 불법적이고, 불쾌하며, 명예를 훼손하는, 허위, 사기성, 오해의 소지가 있는, 유해하고, 위협적인, 괴롭히는, 외설적 또는 불쾌감을 주는 자료를 업로드, 게시, 전송 또는 저장하는 행위, 사용자의 계약상 또는 기밀 유지 의무를 위반하는 행위, 바이러스, 웜, 스크립트, 매크로 또는 유형을 불문한 유해한 코드의 게시 또는 전송, 반복적인 자료의 지속적인 게시 또는 비정상적으로 많은 양의 데이터 또는 허가받지 않은 광고 자료, 요청하지 않은 홍보 자료, ‘정크 메일, ‘스팸 메일’, ‘연쇄 편지(chain letters)’, 피라미드 방식, 프랜차이즈, 판매 대리점, 클럽 멤버십, 판매 약정 또는 달리 허용되지 않는 자료를 포함하되 이에 한정되지 않고 RiseSmart가 허용하지 않은 자료의 게시와 같이 서비스의 정상적인 운영을 방해하거나 중단시키는 행위, 다른 사람을 괴롭히거나 ‘스토킹’하거나, 요청하지 않은 이메일을 보내고, 다른 사람의 개인 정보를 수집하는 것을 포함하되 이에 한정되지 않고 서비스를 악용하여 타인의 사생활 보호권 또는 개인적인 권리를 침해하는 행위, 서비스의 보안 조치를 위반하거나 위반을 시도하는 행위, 당사의 사전 서면 동의 없이 기기, 프로세스 또는 메커니즘(예: 스파이더 또는 로봇)을 사용하여 서비스를 모니터링, 검색, 탐색 또는 액세스하는 행위, 서비스에 나열된 제3자의 계정 또는 로그인에 액세스하거나 액세스를 시도하는 행위, 이력서, 신상 자료 또는 고용 정보와 같은 자료에 대해 부정확하거나 허위이거나 불완전한 정보를 게시하거나 제출하는 행위, 개인 또는 법인의 신원을 도용하는 행위, 전자 우편이나 우편의 헤더 정보를 위조하는 행위. 또는 본인, 제3자와의 제휴 또는 사용자의 법인에 대해 허위 진술하는 행위.
6. 해지.
사용자는 사이트에 명시되거나 해당하는 경우 사용자에게 별도로 제공되는 절차에 따라 사용자의 계정을 언제든지 해지할 권리가 있습니다. 기업 고객 약정에 따라 서비스를 사용하는 경우 사용자는 기업 고객 약정의 만료 또는 해지 시 해당 서비스에 대한 사용자의 액세스 권한이 만료됨을 인정합니다. 당사는 (i) 서비스(또는 그 일부)를 일시적 또는 영구적으로 수정 또는 중단하고 (ii) 서비스의 현재 및 향후의 모든 사용을 거부하고, 사용자 계정(또는 그 일부) 또는 서비스의 사용을 일시 중지하거나 해지하고, 사용자가 본 약관을 위반했다고 당사가 판단하는 경우를 포함하여 어떤 이유로든 사용자의 콘텐츠를 서비스에서 삭제하고 취소할 수 있는 권리를 보유합니다. 당사는 서비스의 수정, 일시 중지 또는 중단에 대해 사용자 또는 제3자에게 책임을 지지 않습니다. 당사가 사용자의 계정을 일시 중지 또는 해지하기 전에 당사는 사용자에게 연락을 취해 알려드리도록 선의의 노력을 기울일 것입니다. 사용자의 계정이 해지되는 경우 당사는 단독 재량에 따라 서비스상의 사용자의 콘텐츠 전부(있는 경우)를 영구적으로 삭제할 수 있습니다. 당사가 사용자의 계정을 이유 없이 해지하고 사용자가 유료 서비스(기업 고객 약정 제외)(해당 경우)에 가입한 경우, 당사는 사용자가 해당 서비스에 대해 당사에 선지불한 금액 중 미발생 부분을 비율로 환산하여 환불합니다. 단, 결제와 관련된 모든 권리 및 제4조 내지 제12조의 조건은 본 약관의 해지 이후에도 존속합니다.
7. 책임의 부인.
사이트, 콘텐츠(직업 및 경력 개발 안내, 추천 및 분석을 포함하되 이에 한정되지 않음) 및 모든 서버 및 네트워크 구성요소를 포함한 서비스는 어떤 형태의 보증도 없이 ‘현재 상태 그대로’ 또한 ‘사용 가능한 범위 내에서’ 제공되며, 당사는 상품성, 소유권, 특정 목적에의 적합성 및 비침해성에 대한 묵시적인 보증을 포함하되 이에 한정되지 않고 어떠한 명시적 또는 묵시적인 보증도 명백히 부인합니다. 사용자는 당사가 중단 없이, 적시에, 안전하게, 오류 없이 또는 바이러스 없이 서비스가 제공될 것임을 보증하지 않으며, 사용자가 당사로부터 또는 서비스를 통해 획득한 정보, 조언 또는 서비스는 본 약관에 명시적으로 기술된 보증 이외에 어떠한 보증도 구성하지 않음을 인정합니다. 상기 내용의 보편성을 제한하지 않고 사용자가 구직자 또는 경력 개발자인 경우, (A) 사용자는 당사가 사용자의 계정에 게시할 수 있는 직업 안내는 어떠한 점검 절차도 거치지 않은 제3자로부터 수령한 것임을 인정하고 이에 동의하며, (B) 당사는 직업 안내나 다른 정보가 정확하거나 합법적이며, 사용자가 서비스 이용을 통해 성공적으로 취직이나 경력 개발을 할 것이며, 또한 사용자가 서비스의 이용을 통해 찾은 채용 또는 경력 개발이 사용자의 필요에 부합하거나 사용자에게 적절할 것임을 보증 또는 보장하지 않습니다. 어떠한 경우에도 당사는 제3자(사용자 포함)의 모든 콘텐츠 또는 자료(콘텐츠의 오류나 누락 또는 해당 콘텐츠의 사용의 결과로 발생한 손실이나 손해를 포함하되 이에 한정되지 않음)에 대해 어떠한 책임도 지지 않습니다. 사용자는 당사가 콘텐츠를 사전 검열하지는 않으나 당사 및 그 지정인이 단독 재량으로 서비스를 통해 제공되는 어떠한 콘텐츠도 거부 또는 삭제할 권리(의무는 아님)가 있음을 인정합니다. 사용자는 사용자가 해당 콘텐츠의 정확성, 완전성 또는 유용성에 대한 신뢰를 포함하여 콘텐츠의 사용과 관련된 모든 위험을 평가하고 이에 대한 책임을 부담해야 함에 동의합니다.
8. 책임의 제한.
8.1 어떠한 경우에도 어떠한 법률 이론상으로도(계약, 불법 행위 등의 여부를 불문함) 당사는 사용자 또는 제3자에게 (A) 간접적, 우발적, 특별, 징계적, 파생적 또는 징벌적 손해(이익 손실, 판매 또는 영업 손실, 데이터 분실 또는 영업 중단을 포함함) 또는 (B) 사용자의 청구 사유 발생 전 6개월 동안 사용자가 실제 지급한 수수료 또는 미화 100달러(비용이 적용되지 않는 경우)를 초과하는 직접 손해, 비용, 손실 또는 채무에 대해 책임을 지지 않습니다. 본 조의 규정은 당사자들 간에 본 약관에 따른 위험을 배분하며, 당사자들은 본 약관의 체결 여부를 결정함에 있어 이와 같은 제한사항을 신뢰했습니다.
8.2 일부 주에서는 묵시적 보증의 면책이나 제외 또는 우발적 또는 파생적 손해에 대한 책임의 제한을 허용하지 않으며, 이는 제7조(책임의 부인) 및 제8조(책임의 제한)의 상기 제한사항 중 일부가 사용자에 대하여 적용되지 않거나 집행될 수 없음을 의미합니다. 이와 같은 주에서 당사의 책임은 법률이 허용하는 최대 범위로 제한됩니다. 뉴저지주 사용자인 경우, 제7조(책임의 부인) 및 제8조(책임의 제한)는 뉴저지주 법률에 따라 허용되는 범위 내에서만 적용됩니다. 본 조항들 중 일부가 뉴저지주 법률에 따라 무효한 것으로 간주되는 경우, 해당 부분의 무효성은 해당 조항의 나머지 부분의 유효성에 영향을 미치지 않습니다.
9. 면책.
사용자는 사용자의 본 약관의 위반, 사용자의 콘텐츠 또는 서비스에 대한 사용자의 기타 액세스, 기여, 사용 또는 요용에 따른 또는 그 결과로 발생한 모든 청구, 조치 또는 요구(합리적인 법률 및 회계 비용을 포함하되 이에 한정되지 않음)로부터 당사를 방어 및 면책하며 그로부터 손해를 입지 않도록 해야 합니다. 당사는 이와 같은 청구, 소송 또는 요구에 대해 사용자에게 고지해야 합니다. 당사는 본 조에 따라 면책의 대상이 되는 사안에 대해 배타적 방어권 및 통제권을 보유합니다. 이러한 경우 사용자는 당사가 해당 사안을 방어하는 데 도움이 되는 합리적인 요청에 협력하기로 합니다. 상기 내용에도 불구하고, 당사의 작위 또는 부작위의 결과로 발생한 경우에 한하여 사용자는 모든 청구, 조치 또는 요구로부터 당사를 면책 또는 방어하며 그로부터 손해를 입지 않도록 할 의무를 부담하지 않습니다.
10. 양도.
당사의 사전 서면 동의 없이 사용자는 본 약관을 양도할 수 없으나, 당사는 본 약관의 전부 또는 일부를 제한 없이 양도하거나 이전할 수 있습니다.
11. 준거법.
본 약관은 법률 조항의 상충 여부와 관계없이 캘리포니아주 법률에 의해 규율됩니다. 특정한 경우 당사가 달리 선택하지 않는 한, 사용자는 서비스에 대한 액세스 또는 이용과 관련한 분쟁을 해결하기 위하여 연방 및 캘리포니아주 법원의 전속 인적 관할권을 따를 것에 명시적으로 동의합니다.
12. DMCA.
1998년 디지털 밀레니엄 저작권법(‘DMCA’)에 따라 인터넷에 게재된 자료가 미국 저작권법에 따른 자신의 권리를 침해한다고 판단하는 저작권 소유자는 소구권을 갖습니다. 침해 주장에 대한 통지가 있는 경우 당사는 이를 즉시 처리및 조사하며, 침해 주장 또는 실제 침해에 대해 DMCA 및 기타 관련 지적 재산권법에 따라 적절한 조치를 취할 것입니다. 저작권 침해 주장 통지는 당사의 저작권 대리인(user.support@risesmart.com)에게 이메일로 전송해야 합니다. (제목: ‘DMCA 중단 요청’) 당사에 우편으로 보낼 수도 있습니다.
수신: 저작권 대리인
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
통지. 효력을 발생하려면 통지는 서면으로 작성되고 다음 정보를 포함해야 합니다.
- 저작권 소유자 또는 기타 지적 재산권자를 대리할 권한을 위임받은 자의 전자 서명 또는 자필 서명
- 사용자가 침해당했다고 주장하는 저작물 또는 기타 지적 재산에 대한 설명
- 침해를 주장하는 자료가 소재한 사이트의 위치 대한 설명(당사가 사이트에서 찾을 수 있도록 충분한 세부정보를 포함함)
- 사용자의 주소, 전화번호, 이메일 주소
- 분쟁 대상 사용이 저작권 또는 지적 재산 소유자, 그 대리인 또는 법률에 의해 승인되지 않았음을 확신하는 사용자의 진술
- 위증 시 처벌을 받는다는 조건 하에 상기와 같은 통지에 포함된 정보는 정확하며, 사용자가 저작권 또는 지적 재산 소유자이거나 저작권 또는 지적 재산 소유자를 대리할 권한을 위임받았다는 사용자의 진술.
13. 1. 애플 지원 소프트웨어 애플리케이션.
당사는 다른 플랫폼 중에서 Apple Inc.(‘Apple’)가 상업적으로 제공한 제품과 관련하여 작동하도록 고안된 소프트웨어 애플리케이션을 제공합니다. Apple 브랜드 제품(해당 소프트웨어를 ‘Apple 지원 소프트웨어’라 함)과 관련하여 사용자의 이용을 위해 제공된 소프트웨어의 경우 본 약관에 명시된 기타 조건에 부가하여 다음과 같은 조건이 적용됩니다.
- 당사와 사용자는 본 약관이 Apple이 아닌 당사와 사용자 사이에서만 체결되며, 당사와 Apple 간에 Apple 지원 소프트웨어 및 그 콘텐츠에 대한 단독 책임은 Apple이 아닌 당사에게 있음을 인정합니다.
- 사용자는 App Store 서비스 약관에 명시된 Apple 지원 소프트웨어 관련 사용 규칙을 위반하거나 이에 부합하지 않는 방식 또는 달리 App Store 서비스 약관과 상충하는 방식으로 Apple 지원 소프트웨어를 사용할 수 없습니다.
- Apple 지원 소프트웨어를 사용하기 위한 사용자의 라이선스는 App Store 서비스 약관에 명시된 사용 규칙에 의해 허용되는, 사용자가 소유 또는 관리하는 iOS 제품에서 Apple 지원 소프트웨어를 사용할 수 있는 양도 불가능한 라이선스로 제한됩니다.
- Apple은 Apple 지원 소프트웨어와 관련하여 유지 관리 또는 지원 서비스를 제공할 의무가 없습니다.
- Apple은 법에 의한 명시적 또는 묵시적인 제품 보증에 대해 어떠한 책임도 부담하지 않습니다. Apple 지원 소프트웨어가 관련 보증을 준수하지 못하는 경우, 사용자는 Apple에 통지할 수 있으며, Apple은 사용자에게 Apple 지원 소프트웨어의 구입 가격(해당하는 경우)을 환불하며, 관련 법률에서 허용하는 최대 한도내에서 Apple은 Apple 지원 소프트웨어 또는 보증을 준수하지 못하여 발생한 기타 청구, 손실, 채무, 손해, 비용 또는 경비와 관련하여 다른 보증 의무를 부담하지 않습니다. 이에 대한 책임은 해당 법률에 따라 책임을 부인할 수 없는 경우에 한하여 전적으로 당사에게 있습니다.
- 당사와 사용자는 (i) 제조물 책임 소송, (ii) Apple 지원 소프트웨어가 관련 법적 또는 규제 요건을 준수하지 않는다는 소송, (iii) 소비자 보호법 또는 이와 유사한 법률에 따라 제기되는 소송을 포함하되 이에 한정되지 않고, Apple 지원 소프트웨어 또는 사용자의 Apple 지원 소프트웨어 소유 및/또는 사용과 관련한 사용자 또는 제3자의 소송을 해결할 책임은 Apple이 아닌 당사에게 있음을 인정합니다.
- Apple 지원 소프트웨어 또는 최종 사용자의 해당 Apple 지원 소프트웨어 소유 및 사용으로 인해 제3자의 지적 재산권이 침해되었다는 제3자의 소송이 있을 경우, 당사와 Apple 간에 해당 지적 재산권 침해 소송에 대한 조사, 방어, 해결 및 면제에 대한 단독 책임은 Apple이 아닌 당사에게 있습니다.
- 사용자는 (i) 사용자가 미국 정부의 통상 금지령이 적용되는 국가, 또는 미국 정부가 ‘테러 지원국’으로 지정한 바 있는 국가에 거주하지 않으며, (ii) 사용자가 미국 정부의 금지되거나 제한된 당사자 명단에 포함되어 있지 않음을 진술 및 보증합니다.
- Apple 지원 소프트웨어와 관련하여 질문, 불만 사항 또는 청구가 있을 경우 다음 연락처로 당사에 문의해야 합니다.
당사와 사용자는 Apple 및 Apple의 자회사가 Apple 지원 소프트웨어와 관련하여 본 약관의 제3자 수혜자이며, 사용자가 본 약관의 조건을 수락하면 Apple은 제3자 수혜자로서 Apple 지원 소프트웨어와 관련하여 사용자를 상대로 본 약관을 집행할 권리가 있음(또한 해당 권리를 수락한 것으로 간주됨)을 인정하고 이에 동의합니다.
- http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf에서 자세히 알아보시기 바랍니다.
14. 다른 사이트 링크.
서비스에는 타사 웹사이트에 대한 링크가 포함될 수 있습니다. 이러한 링크는 해당 타사 웹사이트의 내용에 대한 당사의 보증으로써 제공되는 것이 아니라 사용자의 편의를 위해서만 제공됩니다. 당사는 링크된 타사 사이트의 내용에 대해 책임을 지지 않으며 해당 타사 웹사이트 자료의 내용이나 정확성에 대해 어떠한 진술도 하지 않습니다. 링크된 타사 웹사이트에 액세스하기로 결정한 경우 이에 대한 책임은 사용자에게 있습니다.
15. 휴대기기.
사용자가 휴대기기를 통해 서비스를 사용하는 경우 사용자는 사용자의 휴대기기 및 이동 통신사를 통한 서비스 사용에 관한 정보(사용자의 이동 통신사, 사용자의 휴대기기 또는 사용자의 실제 위치를 포함하되 이에 한정되지 않음)가 당사에 전달될 수 있음에 동의합니다. 또한 휴대기기를 통해 서비스를 사용하면 사용자의 휴대기기에 또는 휴대기기를 통해 데이터가 표시될 수 있습니다. 휴대기기를 사용하여 서비스에 액세스하면 사용자는 당사 데이터를 사용자의 휴대기기로 가져오는 경우에 한하여 사용자에게 이동 통신사 또는 다른 액세스 제공업체와 전송된 데이터를 공유할 수 있는 권한이 있음을 진술합니다. 사용자의 휴대기기/계정을 변경 또는 비활성화하는 경우 사용자는 사용자의 계정 및 관련 메시지(해당하는 경우)를 다른 당사자가 액세스하지 않는지 또는 다른 당사자가 수신하지 않는지 확인해야 하며, 이를 이행하지 않을 경우 이에 대한 책임은 사용자에게 있습니다. 사용자는 사용자의 휴대기기 및 제공업체를 통해 서비스에 액세스하는 것과 관련된 모든 요금 및 필요한 권한에 대한 책임이 사용자에게 있음을 인정합니다. 따라서 사용자는 제공업체에 문의하여 특정 휴대기기에 대한 서비스 약관을 확인해야 합니다. 서비스를 이용할 수 있는 다운로드 가능한 애플리케이션을 사용함으로써 사용자는 다운로드 또는 설치 시 제공된 애플리케이션과 관련된 최종 사용자 라이선스 계약의 조건(또는 수시로 업데이트되는 조건)에 대한 수락을 명시적으로 확인하게 됩니다.
시행일 2019년 1월 18일
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Cookie Policy - IMEA 70
Effective March 15th 2021
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TERMS & CONDITIONS - IMEA - 70
Effective March 15th 2021
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TERMINI e CONDIZIONI
1. Accettazione dei Termini.
1.1 RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (come denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai presenti Termini di servizio (qui di seguito denominati “TOS”, Terms Of Service in inglese). Accettando i presenti TOS, o accedendo o utilizzando il Servizio o il Sito, l’Utente accetta di aver letto e compreso i presenti TOS, e di approvare di esserne vincolato. Qualora l’Utente non sia d’accordo con i presenti TOS, lo invitiamo a non accettarli e pertanto non potrà utilizzare il Servizio.
1.2 RiseSmart è autorizzata a modificare tali TOS quando necessario, senza alcun preavviso. I termini e condizioni modificati entrano in vigore a decorrere dal momento della loro pubblicazione e se l’Utente utilizza il Servizio dopo tale data, tale utilizzo verrà considerato come un’accettazione tacita dei termini e delle condizioni modificati. Se l’Utente non considera accettabili alcune modifiche dei TOS, l’unica soluzione è la cessazione dell’accesso e dell’utilizzo del Servizio.
2. Descrizione del servizio.
Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (inclusa la gestione dei file e i servizi analitici), le tecnologie connesse e le applicazioni (tra cui, senza limitazioni, le applicazioni e i servizi a cui è possibile accedere tramite tutte le interfacce mobili o meno, che permettono l’accesso a tali servizi e applicazioni), e (c) tutti i software (incluso il Software, come denominato di seguito) i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (collettivamente denominati “Contenuti”). Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai presenti TOS.
3. Condizioni generali/Accesso e utilizzo del Servizio.
3.1 In conformità con i termini e condizioni dei presenti TOS, l’accesso dei nostri Utenti al Servizio e il suo utilizzo sono ammessi unicamente per scopi leciti. Tutti i diritti, i titoli e gli interessi all’interno e per il Servizio e le sue componenti verranno conservati e rimarranno proprietà esclusiva di RiseSmart. Non sono autorizzati (e questo vale per l’Utente e per le terze parti) (a) la copia, la riproduzione, la modifica, la cancellazione, la distribuzione, il download, la conservazione, la trasmissione, la pubblicazione, la creazione di opere derivate, la decompilazione e l’assemblaggio inverso o qualunque tentativo, diretto o indiretto, di scoprire qualsiasi codice sorgente, la vendita, la sublicenza, la rivendita, l’affitto, la concessione, il trasferimento, l’assegnazione o la condivisione di proprietà del Servizio, nonché lo sfruttamento a scopo commerciale di questo e la messa a disposizione del Servizio a terzi; (b) l’utilizzo del Servizio per scopi non conformi con la legge (incluso, senza limitazioni, il suo utilizzo in violazione di qualsiasi legge sui dati, sulla privacy o sul controllo dell’esportazione) in qualsivoglia maniera che interferisca con o che sia in opposizione con l’integrità o con le prestazioni del servizio o dei suoi componenti, (c) la modifica, l’adattamento o il pirataggio del Servizio avente come obiettivo l’ottenimento di un accesso non autorizzato al Servizio o ai sistemi e alle reti ad esso connesse; o (d) l’utilizzo di qualsiasi Contenuto in altri siti o media (e.g., ambienti di networking). I nostri Utenti sono tenuti a confermarsi a tutti i codici di condotta e a tutte le politiche o notifiche fornite da RiseSmart in rapporto con il Servizio. Sono tenuti inoltre a notificare immediatamente a RiseSmart qualsiasi breccia relativa alla scurezza in relazione con il Servizio. Inoltre, utilizzando alcuni servizi, i nostri Utenti saranno soggetti a ulteriori termini, applicabili ai servizi che potrebbero essere pubblicati puntualmente nel Servizio, tra i quali è inclusa, senza limitazioni, la Politica sulla privacy di RiseSmart.
3.2 Qualsiasi software reso disponibile da RiseSmart in rapporto con il Servizio (“Software”) contiene informazioni di proprietà riservata e confidenziali, protette dalle leggi applicabili sulla proprietà intellettuale e da altre leggi. Nel rispetto dei termini de condizioni di questi TOS, RiseSmart garantisce con la Presente diritto e licenza personali, non trasferibili, non concedibili in sublicenza e non esclusivi, di utilizzare il codice oggetto di qualsiasi Software in un singolo dispositivo, unicamente se in rapporto con il Servizio. I nostri Utenti accettano di non accedere al Servizio con qualsivoglia mezzo che non sia l’interfaccia fornita da RiseSmart per un utilizzo finalizzato all’accesso al Servizio. Tutti i diritti non espressamente garantiti nel presente documento sono riservati e non sono garantiti ai nostri Utenti nessun diritto e nessuna licenza di utilizzare marchi di proprietà di RiseSmart o qualsiasi terza parte in relazione con il Servizio.
3.3 Ogni Utente è l’unico responsabile di tutti i dati, le informazioni, i riscontri, le suggestioni, i testi, i contenuti e altri materiali da esso scaricati, pubblicati, forniti, consegnati o trasmessi in qualsivoglia maniera o conservati (qui di seguito “trasmessi” /“trasmissione”) in relazione o in rapporto con il Servizio (“Il Contenuto Utente”). Ogni Utente si porta con la Presente rappresentante e garante del fatto che il proprio Contenuto da esso trasmesso nel rispetto del Servizio (a) sia attendibile, corretto, legale, decente, onesto e completo (incluso, senza limitazioni, per quanto riguarda il suo curriculum, i suoi dati anagrafici e le sue informazioni occupazionali, se l’Utente utilizza il Servizio come cercatore di lavoro o cercatore di un’evoluzione della carriera), e (b) sia esente da errori, worm o virus. L’Utente approva che RiseSmart possa procedere a rimozione del suo Contenuto dal Servizio qualora ritenga che l’Utente agisce in violazione di quanto detto in precedenza o di altri termini dei presenti TOS. L’Utente ha la responsabilità di mantenere la confidenzialità dei propri login, password e account, nonché di tutte le attività effettuate all’interno del suo login o account. RiseSmart si riserva il diritto di accedere all’account dell’Utente al fine di rispondere alle sue richieste di assistenza tecnica. Trasmettendo il proprio Contenuto nel o tramite il Servizio, l’Utente è tenuto a garantire e garantisce di fatto con la Presente a RiseSmart la licenza non esclusiva, perenne, irrevocabile, senza royalty, interamente pagata, concedibile in sublicenza e trasferibile, di utilizzare, modificare, riprodurre, distribuire, visualizzare, pubblicare ed eseguire il suo Contenuto in relazione con il Servizio. RiseSmart ha il diritto, ma non l’obbligo, di vagliare o monitorare il Servizio, il Contenuto o il Contenuto Utente. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto), o per ragioni non precisate.
3.4 L’Utente prende conoscenza del fatto che la gestione del Servizio, incluso del suo Contenuto, potrebbe essere non cifrato e che comprende (a) la trasmissione attraverso diverse reti, (b) cambiamenti volti a conformare o adattare le prescrizioni tecniche di connessione di reti o dispositivi, (c) la trasmissione a venditori esterni di RiseSmart e l’hosting di partner per fornire gli hardware, i software, il networking, la conservazione e le relative tecnologie necessarie per l’esecuzione e il mantenimento del Servizio, e (d) la trasmissione ad altri terzi in relazione con l’erogazione del Servizio all’Utente. Analogamente, l’Utente riconosce di avere la responsabilità esclusiva delle misure di sicurezza, di protezione e di backup del suo Contenuto. RiseSmart non sarà ritenuto in alcun caso responsabile per qualsiasi accesso o utilizzo non autorizzato di Contenuti di sua proprietà, o per qualsiasi danneggiamento, cancellazione, distruzione o perdita di Contenuti di sua proprietà.
3.5 Qualora l’Utente sia un richiedente di lavoro o di evoluzione della carriera, egli è tenuto ad accettare di agire in coscienza, facendo prova di prudenza e buon senso nel gestire le opportunità di lavoro e altre informazioni offerte da o ottenute tramite il Servizio, nonché ad assumersi il rischio di qualsivoglia affidamento o utilizzo di tutti i Contenuti (il che include qualsiasi suggestione di lavoro o consiglio relativo alla carriera o raccomandazione) fornito tramite il Servizio.
3.6 L’incapacità da parte di RiseSmart di esercitare o applicare qualsiasi diritto o erogazione dei presenti TOS non costituisce deroga a questo diritto. L’Utente prende conoscenza del fatto che i presenti TOS hanno valore di contratto tra esso e RiseSmart, quantunque questi siano stati firmati per via elettronica e non fisica da parte dell’Utente e di RiseSmart, e che questi disciplinano l’utilizzo del Servizio da parte dell’Utente, sostituendosi a qualsivoglia accordo simile finalizzato in precedenza tra l’Utente e RiseSmart.
3.7 L’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi e/o gli ex dipendentidel cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) qui di seguito collettivamente denominati “Impegni verso il Cliente dell’Impresa). Qualora l’Utente utilizzi il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata. Qualora l’Utente utilizzi il Servizio conformemente agli Impegni verso il Cliente dell’Impresa per Assistenza all’Evoluzione della Carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro o in evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in forma aggregata per ogni singolo caso. Invitiamo i gentili Utenti a consultare la Politica sulla privacy di RiseSmart per ulteriori informazioni in merito alla raccolta, all’utilizzo e alla condivisione delle informazioni fornite dagli Utenti stessi o dai clienti dell’impresa, da parte di RiseSmart, in relazione con gli Impegni verso il Cliente dell’Impresa.
3.8 Qualora l’Utente utilizzi il Servizio conformemente a uno degli Impegni verso il Cliente dell’Impresa, costui è tenuto ad accettare che il Servizio ad esso erogato non ecceda i limiti del campo di applicazione, della durata o di altre restrizioni dell’Impegno verso i Clienti dell’Impresa, il cui rispetto costituisce condizione sine qua non dell’accesso al Servizio.
3.9 L’Utente accetta che RiseSmart (a) stabilisca una serie di pratiche e di limiti attinenti all’utilizzo del Servizio, incluso senza limitazioni il lasso di tempo massimo durante il quale il Contenuto o qualsiasi contenuto dell’Utente verrà conservato dal Servizio e i limiti di spazio di conservazione che verranno concessi a suo nome, (b) RiseSmart non si assuma nessuna responsabilità o assoggettamento per la soppressione o l’impossibilità di conservare qualsiasi Contenuto o qualsiasi contenuto dell’Utente conservato o caricato nel Servizio, e (c) abbia il diritto di conservare del Contenuto o qualsiasi Contenuto dell’Utente nonché di divulgare del Contenuto o il Contenuto dell’Utente qualora questo dovesse esser prescritto per legge o qualora lo ritenga in buona fede necessario al fine di: (i) conformarsi con qualsiasi processo di natura legale, o con le leggi o le normative applicabili che lo impongono; (ii) applicare le presenti TOS; (iii) rispondere ad eventuali reclami relativi alla presunta violazione dei diritti di terzi da parte di un Contenuto o di qualsiasi Contenuto dell’Utente; o (iv) proteggere i diritti, la proprietà o l’incolumità personale di RiseSmart, dei suoi Utenti e del pubblico. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto o di qualsiasi Contenuto imputabile all’Utente, in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto o del Contenuto dell’Utente), o per ragioni non precisate.
4. Pagamento.
Nella misura in cui il Servizio o qualsiasi parte dello stesso è disponibile a pagamento (e qualora non sia pagato da un’impresa cliente di RiseSmart), l’Utente è tenuto a selezionare un piano di pagamento e a fornire a RiseSmart le informazioni relative alla sua carta di credito o di un’altra modalità di pagamento. L’Utente garantisce a RiseSmart che le informazioni fornite sono veritiere che si è autorizzati ad utilizzare lo strumento di pagamento indicato. L’Utente procederà quanto prima all’inserimento delle proprie informazioni bancarie includendo le eventuali modifiche (ad esempio, una modifica dell’indirizzo di fatturazione o della data di scadenza della propria carta di credito). L’Utente accetta di pagare a RiseSmart l’importo specificato nel piano di pagamento in conformità con i termini di tale piano e dei presenti TOS. Con la Presente l’Utente autorizza RiseSmart a procedere all’addebito sul metodo di pagamento indicato in anticipo a scadenza regolare, conformemente ai termini del piano di pagamento applicabile, fino alla chiusura dell’account dell’Utente in questione, il quale accetta inoltre di pagare eventuali costi aggiuntivi se necessario. Qualora l’Utente desideri fare opposizione ad eventuali costi aggiuntivi, egli è tenuto ad avvisare RiseSmart entro sessanta (60) giorni a decorrere dalla data della fattura emessa da RiseSmart. RiseSmart si riserva il diritto di modificare i prezzi dei servizi erogati in qualsiasi momento. Qualora RiseSmart dovesse procedere a modifica delle tariffe relative ai servizi erogati, RiseSmart ne avvertirà gli Utenti tramite notifica sul Sito o via e-mail individuale, nelle opzioni di RiseSmart, con minimo 30 giorni di anticipo rispetto alla data di entrata in vigore della modifica. Il proseguimento dell’utilizzo del Servizio dopo l’entrata in vigore della modifica del prezzo è considerato come tacita accettazione del pagamento dell’importo modificato. Qualora l’Utente utilizzi il Servizio conformemente a un Impegno verso il Cliente dell’Impresa, tale cliente dell’impresa verrà addebitato per il package del Servizio specifico che ha autorizzato RiseSmart ad erogare all’Utente in questione.
5. Dichiarazioni e garanzie.
Nell’ambito dell’utilizzo dell’Utente, questi accetta di NON: violare qualsivoglia regolamento locale, statale e federale, regolamento e statuto di qualsivoglia giurisdizione, tra cui, a titolo non esaustivo, leggi e regolamenti americani relativi alle esportazioni e alle leggi relative alle pari opportunità in materia di lavoro; violare qualsivoglia diritto relativo alla proprietà individuale e alla privacy, incluso, ma non limitato a brevetti, copyright, marchio di fabbrica o segreti industriali, di terze parti; caricare, pubblicare, trasmettere o conservare qualsivoglia materiale contrario alla legge, di natura offensiva, diffamatoria, fraudolenta, ingannevole, fallace, dannosa, minacciosa, molesta, oscena o riprovevole; che costituisca violazione di qualsivoglia obbligo contrattuale o di natura confidenziale; che pregiudichi o interferisca con le operazioni normali del Servizio, come la pubblicazione o la trasmissione di virus, worm, script, macro o codici di natura dannosa di qualsiasi tipo, la pubblicazione continua di contenuti ripetitivi o la pubblicazione di quantità anormali di dati; o che non siano consentiti da RiseSmart, tra cui, a titolo non esaustivo, qualsiasi materiale di natura pubblicitaria, materiale promozionale indesiderato, “junk mail”, “spam mail”, “chain letter”, schemi piramidali, franchise, distributori, affiliazioni a club, accordi commerciali, o qualsivoglia materiale non accettabile; violare altri diritti relativi alla privacy o alla persona, mandando e-mail indesiderate e raccogliendo informazioni personali di terzi; infrangere o tentare di infrangere qualsiasi misura di sicurezza relativa al Servizio; utilizzare qualsiasi dispositivo, processo o meccanismo al fine di monitorare, recuperare, cercare o accedere al Servizio, e.g. spider o robot, senza previo consenso; accedere o tentare di accedere a qualsiasi account o login di terzi registrati al Servizio; o pubblicare o inoltrare qualsiasi informazione falsa, inattendibile o incompleta, come il proprio curriculum, le proprie informazioni anagrafiche o occupazionali; usurpare l’identità di un’altra persona o di un’altra entità; falsificare qualsiasi intestazione di posta elettronica o mail; o falsificare la propria identità, la propria affiliazione con qualsiasi terza parte, o la propria entità.
6. Cessazione.
L’Utente ha il diritto di chiudere il proprio account in qualsiasi momento in conformità con le procedure stabilite sul Sito o fornite separatamente, ove applicabile. Qualora l’Utente utilizzi il Servizio in conformità con un Impegno verso il Cliente dell’Impresa, costui è tenuto ad accettare che l’accesso a tale Servizio arrivi a scadenza al momento della cessazione di tale Impegno verso un Cliente dell’Impresa. RiseSmart si riserva il diritto di (i) modificare o interrompere, in via temporaria o definitiva, il Servizio (o parte dello stesso) e di (ii) rifiutare l’utilizzo corrente o futuro, parziale o completo, del Servizio, di sospendere o chiudere l’account (o parte dello stesso) di un Utente e rimuovere e eliminare qualsiasi Contenuto dell’Utente in questione all’interno del Servizio, per qualsivoglia ragione, incluso qualora RiseSmart ritenga che tale Utente abbia violato i presenti TOS. RiseSmart non potrà essere considerata in alcun modo responsabile nei confronti dei suoi Utenti per qualsiasi modifica, sospensione o interruzione del Servizio. RiseSmart si impegna a sforzarsi in buona fede a contattare ogni Utente per avvisarlo prima di procedere a sospensione o chiusura del suo account da parte di RiseSmart. Tutti i Contenuti del Servizio (se del caso) potranno essere cancellati definitivamente da parte di RiseSmart al momento della chiusura dell’account di un Utente, a sua esclusiva discrezione. Qualora RiseSmart dovesse procedere a chiusura di un account senza precisarne le ragioni, e qualora l’Utente abbia sottoscritto a un servizio a pagamento, se applicabile (esclusivamente in caso di Impegno verso il Cliente dell’Impresa) RiseSmart provvederà al rimborso proporzionale della quota non acquisita di qualsiasi importo prepagato a RiseSmart per tale servizio. Ciononostante, tutti i diritti di pagamento maturati e i termini della Sezione 4-12 vanno applicati indipendentemente dalla cessazione dei presenti TOS.
7. ESONERI.
IL SERVIZIO, INCLUSI IL SITO, IL CONTENUTO (INCLUSO, SENZA LIMITAZIONI, PROPOSTE DI LAVORO E DI EVOLUZIONE DELLA CARRIERA, LE RACCOMANDAZIONI E LE STATISTICHE) E TUTTI I COMPONENTI DEI SERVER E DELLA RETE SONO FORNITI SULLA BASE DELLE DISPONIBILITÀ E DELLE POSSIBILITÀ, SENZA GARANZIE DI NESSUN TIPO, E RISESMART SI DICHIARA ESENTE DALLA RESPONSABILITÀ DI FORNIRE GARANZIE IN MERITO, SIANO ESSE ESPLICITE O IMPLICITE, TRA CUI, A TITOLO NON ESCLUSIVO, LE GARANZIE IMPLICITE DI COMMERCIABILITÀ, TITOLI O IDONEITÀ PER FINALITÀ SPECIFICHE, E LA NON-VIOLAZIONE. L’UTENTE ACCETTA LA DECISIONE DI RISESMART DI NON GARANTIRE CHE IL SERVIZIO NON SIA SOGGETTO A INTERRUZIONI, O CHE NON SIA SUFFICIENTEMENTE RAPIDO, SICURO, INDENNE DA ERRORI O VIRUS E CHE NESSUNA INFORMAZIONE, NOTIFICA O SERVIZIO OTTENUTI DALL’UTENTE DA PARTE DI RISESMART O TRAMITE IL SERVIZIO SIA ALL’ORIGINE DI GARANZIE NON ESPRESSAMENTE ENUNCIATE NEI PRESENTI TOS. SENZA PERTANTO LIMITARE IL CARATTERE GENERALE DI QUANTO PRECEDE, QUALORA L’UTENTE SIA UN RICHIEDENTE DI LAVORO O DI UN’EVOLUZIONE DELLA CARRIERA, (A) L’UTENTE IN QUESTIONE PRENDE ATTO E ACCETTA CHE EVENTUALI PROPOSTE DI LAVORO PUBBLICATE DA RISESMART SUL SUO ACCOUNT POSSANO ESSERE RICEVUTE ANCHE DA ALTRE PARTI, SENZA ALCUN TIPO DI ESAME SPECIFICO E CHE (B) RISESMART NON AUTORIZZA O GARANTISCE LA LEGITTIMITÀ O LA CORRETTEZZA DELLE OFFERTE DI LAVORO O DELLE INFORMAZIONI, NÉ GARANTISCE L’OTTENIMENTO REALE DI UN POSTO DI LAVORO, DI UN’EVOLUZIONE DELLA CARRIERA GRAZIE AL SERVIZIO O CHE I POSTI DI LAVORO O EVOLUZIONI DELLA CARRIERA OTTENUTI TRAMITE IL SERVIZIO SIANO ADATTI ALLE NECESSITA DELL’UTENTE O CORRISPONDANO ALLE SUE ASPETTATIVE. RiseSmart non può essere ritenuta responsabile in nessun caso e in qualsivoglia maniera per qualsiasi contenuto o materiale di terzi (inclusi gli utenti), tra cui, a titolo non esclusivo, per qualsiasi errore o omissione presenti nei contenuti, né per perdite o danneggiamenti di qualsiasi natura relativi all’utilizzo di tali contenuti. L’Utente riconosce che RiseSmart non preseleziona i contenuti. Nondimeno, RiseSmart e relativi designati hanno il diritto (ma non l’obbligo), a loro esclusiva discrezione, di rifiutare o rimuovere qualsiasi contenuto disponibile via il Servizio. L’Utente accetta di valutare e assumersi tutti i rischi associati all’uso di qualsiasi contenuto, incluso quelli relativi all’affidabilità relativa all’esattezza, all’esaustività o all’utilità di tale contenuto.
8. LIMITAZIONI DI RESPONSABILITÀ.
8.1. IN NESSUN CASO E SECONDO NESSUNA TEORIA LEGALE (IN CASO DI CONTRATTO, DI TORTO O ALTRO) RISESMART POTRÀ ESSERE TENUTA RESPONSABILE NEI CONFRONTI DEI PROPRI UTENTI PER (A) EVENTUALI DANNI INDIRETTI, ACCIDENTALI, SPECIALI, ESEMPLARI, CONSEQUENZIALI O PUNITIVI, INCLUSI GUADAGNI PERSI, VENDITE O AFFARI MANCATI, PERDITA DI DATI O INTERRUZIONE DI AFFARI, O (B) PER EVENTUALI DANNI, COSTI, PERDITE O PASSIVITÀ IN ECCESSO RISPETTO ALLE TARIFFE PAGATE DALL’UTENTE DURANTE I SEI (6) MESI CHE PRECEDONO GLI EVENTI CHE HANNO DATO LUOGO AL RECLAMO EFFETTUATO DA UN UTENTE, O, IN CASO DI MANCATO PAGAMENTO DELL’IMPORTO DOVUTO, AL PAGAMENTO DI CENTO ($100) DOLLARI AMERICANI. LE DISPOSIZIONI DI CUI ALLA PRESENTE SEZIONE DEFINISCONO I RISCHI STABILITI DAI PRESENTI TOS TRA LE PARTI, E LE PARTI IN QUESTIONE HANNO ACCETTATO DI SOTTOMETTERSI A TALI LIMITAZIONI NELL’ACCETTARE DI SOTTOSCRIVERE AI PRESENTI TOS.
8.2 Alcuni Stati non consentono l’applicazione degli esoneri, l’esenzione dalle garanzie implicite o la limitazione delle responsabilità in caso di danni consequenziali o accidentali, il che implica la possibilità che alcune delle limitazioni enumerate nella Sezione 7 (Esoneri) e 8 (Limitazione delle responsabilità) risultino non applicabili o vincolanti per l’Utente. IN QUESTI STATI, LA RESPONSABILITÀ DI RISESMART SARÀ LIMITATA NELLA MASSIMA MISURA PERMESSA DALLA LEGGE IN VIGORE. SE L’UTENTE È UN RESIDENTE DEL NEW JERSEY, LE DISPOSIZIONI ENUMERATE NELLE SEZIONI 7 (ESONERI) E 8 (LIMITAZIONI DELLE RESPONSABILITÀ) SONO APPLICABILI NEI LIMITI DELLE LEGGI DEL NEW JERSEY. SE UNA QUALSIASI DELLE PARTI CHE COMPONGONO TALI SEZIONI NON RISULTA VALIDA SECONDO LA LEGGE DEL NEW JERSEY, IL CARATTERE NON VALIDO DI TALI PARTI NON PREGIUDICA LA VALIDITÀ DELLE PARTI RIMANENTI DELLA SEZIONE APPLICABILE.
9. Indennizzo.
L’Utente è tenuto a difendere, rimborsare e indennizzare RiseSmart da e contro eventuali rivendicazioni, azioni o richieste, incluso, e senza limitazioni, spese contabili e legali, causate o risultanti da qualunque violazione da parte sua dei presenti TOS, qualsiasi Contenuto di cui è responsabile o qualsiasi altro accesso, contribuzione all’uso e l’uso improprio del Servizio per un ammontare non eccedente, in ogni caso, il valore delle fee pagate a Risesmart in base al contratto. RiseSmart provvederà a notificare ogni Utente di tali reclami, cause o richieste. RiseSmart si riserva il diritto di assumersi la difesa e il controllo esclusivi di qualsiasi problema soggetto a indennizzo relativo alla presente sezione. Qualora si dovesse verificare tale situazione, l’Utente accetta di cooperare rispondendo a qualsiasi ragionevole richiesta, e di portare il proprio sostegno alla difesa di RiseSmart in merito a tale problema. A prescindere da quanto detto, l’Utente non è nell’obbligo di indennizzare, difendere o manlevare RiseSmart da o contro eventuali reclami, azioni o richieste nella misura risultante da tutte le azioni o inazioni di RiseSmart.
10. Attribuzione.
L’Utente non è autorizzato ad attribuire i presenti TOS senza previo consenso di RiseSmart. Cionondimeno, RiseSmart può attribuire o trasferire i presenti TOS, interamente o parzialmente, senza restrizione alcuna.
11. Diritto applicabile.
I presenti TOS sono regolati dalla legge italiana, a prescindere dai conflitti di legge. Salvo disposizioni contrarie impartite da RiseSmart per casi particolari, l’Utente acconsente espressamente a sottomettersi alla giurisdizione del Tribunale di Milano per la risoluzione di qualsiasi controversia relativa all’accesso o all’utilizzo del Servizio.
12. DMCA.
Il Digital Millennium Copyright Act del 1998 (il “DMCA”, legge americana sulla proprietà intellettuale) prevede la possibilità di fare ricorso per chiunque consideri che del materiale presente su internet infranga i propri diritti, protetti dalla legge americana sul copyright (proprietà intellettuale). RiseSmart si impegna a prendere in considerazione e a indagare su eventuali notifiche di presunta violazione della legge in questione e ad intraprendere le azioni necessarie, conformemente alla legge DMCA e a tutte le leggi applicabili in merito alla proprietà intellettuale nei confronti di qualsiasi presunta o effettiva violazione di queste. Le notifiche di pretesa violazione della proprietà intellettuale vanno inviate all’operatore addetto alle questioni di copyright di RiseSmart, all’indirizzo user.support@risesmart.com(con oggetto: “DMCA Takedown Request”, ovvero “Denuncia per violazione della legge DMCA”). L’Utente può inoltre contattare RiseSmart via e-mail all’indirizzo:
Attenzione: Operatore addetto alle questioni di copyright
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notifica: Al fine di garantire l’efficacia della notifica, questa va stilata per iscritto e deve contenere le seguenti informazioni:
una firma a mano o elettronica della persona autorizzata ad agire per conto del detentore del copyright o di altri interessi di proprietà intellettuale;
una descrizione del materiale soggetto a copyright o ad altre clausole di proprietà intellettuale che l’Utente ritiene siano stati violati;
una descrizione dell’ubicazione nel sito del materiale che l’Utente considera imputabile di violazione, contenente tutti i dettagli necessari per permettere a RiseSmart di individuarlo nel Sito;
l’indirizzo, il numero di telefono e l’e-mail dell’Utente che inoltra la richiesta;
una dichiarazione scritta dall’Utente, il quale deve esplicitare, in buona fede, che l’azione in causa non è autorizzata dal proprietario del copyright o della proprietà intellettuale, dal suo agente o dalla legge;
una dichiarazione sull’onore effettuata dall’Utente, pena l’accusa di falsa testimonianza, in cui deve confermare che le informazioni precedentemente trasmesse nella notifica sono esatte, e che è il detentore della proprietà intellettuale, o la persona autorizzata ad agire per conto del detentore della proprietà intellettuale o del copyright di cui è questione.
13. 1. Applicazioni del software compatibili con Apple.
RiseSmart offre una serie di applicazioni volte a operare in connessione con prodotti commercializzati da Apple Inc. (“Apple”), oltre ad altre piattaforme. Per quanto concerne il Software commercializzato per l’utilizzo in connessione con prodotti del marchio Apple (come i Software “Software compatibili Apple”), oltre agli altri termini e condizioni stabiliti per i presenti TOS, si applicano anche i seguenti termini e condizioni:
RiseSmart e i suoi Utenti riconoscono che le presenti TOS sono oggetto di contratto unicamente tra RiseSmart e ogni Utente, e non con Apple, e che tra RiseSmart e Apple, RiseSmart, e non Apple, è l’unica responsabile per il Software compatibile con Apple, e per il contenuto dello stesso.
È vietato utilizzare il Software compatibile con Apple in qualsivoglia maniera che costituisca violazione delle disposizioni di utilizzo per il Software compatibile con Apple enunciate nei Termini di Servizio dell’App Store, o che sia non conforme o in conflitto con queste.
L’autorizzazione di utilizzare il Software compatibile con Apple è limitata a una licenza non trasferibile di utilizzo del Software compatibile con Apple per un dispositivo iOS di proprietà o di controllo dell’Utente, come stabilito dai Termini di Servizio dell’App Store.
Apple non ha in alcun caso l’obbligo di fornire servizi di assistenza o manutenzione per quanto concerne il Software compatibile con Apple.
Apple non è responsabile per le garanzie prodotto, esplicite o implicite che siano. Qualora il Software compatibile con Apple dovesse riscontrare problemi di conformità con la garanzia applicabile, l’Utente è invitato a notificare Apple, e Apple provvederà a rimborsare il prezzo di acquisto, se del caso, del Software compatibile con Apple all’Utente interessato; inoltre, nella massima misura di quanto previsto dalla legge applicabile, Apple non ha obblighi di garanzia di nessun tipo nei confronti del Software compatibile con Apple, o in caso di reclami, perdite, responsabilità, danni, costi o spese imputabili all’impossibilità di conformarsi a qualsiasi garanzia, la cui responsabilità sarà attribuibile unicamente a RiseSmart, salvo esoneri previsti dalla legge applicabile.
RiseSmart e l’Utente riconoscono che RiseSmart, e non Apple, è l’unica responsabile per eventuali reclami effettuati dall’Utente o da terzi, concernenti un Software compatibile con Apple di proprietà di un Utente e/o dell’utilizzo di tale Software compatibile con Apple, tra cui, a titolo non esaustivo: (i) reclami relativi alla responsabilità per il prodotto; (ii) qualsiasi reclamo relativo all’impossibilità del Software compatibile con Apple di conformarsi a prescrizioni legali o regolamentari ; e (iii) reclami in rapporto con la protezione del consumatore o con simili normative.
Qualora una terza parte venga a rivendicare una violazione dei propri diritti di proprietà intellettuale imputabili al Software compatibile con Apple o al possesso e all’utilizzo dei questo da parte dell’utilizzatore finale, nel contenzioso che implica RiseSmart e Apple, RiseSmart, e non Apple sarà da considerarsi come responsabile per l’indagine, la difesa, la risoluzione e l’appuramento di tale rivendicazione di violazione della proprietà intellettuale.
L’utente dichiara e garantisce che non si risiede in Paesi soggetti a embargo da parte del Governo degli Stati Uniti, o designati dal Governo degli Stati Uniti come un Paese che “sostiene il terrorismo”; e (iii) che non fa parte di nessuna lista dei soggetti sottomessi a restrizioni o divieti del Governo statunitense.
Per qualsiasi domanda, lamentela o reclamo in merito al Software compatibile con Apple, invitiamo i nostri Utenti a rivolgersi a RiseSmart al seguente indirizzo:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart e l’Utente riconoscono e accettano che Apple e delle società affiliate di Apple sono terze parti beneficiarie di questi TOS per quanto concerne il Software compatibile con Apple, e che, in virtù dell’accettazione dei termini e condizioni contenuti nel presente TOS, Apple è in diritto (e verrà considerato che ha accettato tale diritto) di sottomettere l’Utente all’applicazione dei seguenti TOS per quanto concerne il Software compatibile con Apple in quanto terza parte beneficiaria degli stessi.
- Per maggiori informazioni, consultare: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Link verso altri siti.
Il Servizio potrebbe contenere link verso siti internet di proprietà di terze parti. Tali link sono forniti all’Utente esclusivamente per motivi di praticità, e non costituiscono adesione di RiseSmart ai contenuti di tali siti internet appartenenti a terze parti. RiseSmart non è responsabile per i contenuti dei siti correlati appartenenti a terze parti e non prende posizione in merito ai contenuti o all’esattezza dei materiali contenuti in tali siti appartenenti a terze parti. Qualora l’Utente desideri accedere ai siti correlati appartenenti a terze parti, lo fa a suo rischio e pericolo.
15. Dispositivi mobili.
Se l’Utente utilizza il Servizio a partire da dispositivi mobili, egli è tenuto ad accettare che le informazioni riguardanti l’utilizzo che fa del Servizio tramite dispositivo e supporto mobile vengano comunicate a RiseSmart, tra cui e a titolo non esaustivo il supporto mobile, il dispositivo mobile o la posizione fisica dell’Utente. Inoltre, l’utilizzo del Servizio via dispositivo mobile potrebbe comportare la visualizzazione dei dati nel o tramite il dispositivo mobile dell’Utente. Accendendo al Servizio tramite dispositivo mobile, l’Utente è cosciente che, nella misura in cui importa informazioni di RiseSmart che lo concernono sul proprio dispositivo mobile, è libero di condividere tali informazioni con il proprio supporto mobile e con altri fornitori di accesso. Qualora l’Utente sostituisca o disattivi il proprio dispositivo o account mobile, egli è tenuto ad accertarsi che il proprio account (e tutti i messaggi ad esso correlati (ove applicabile)), non siano accessibili per altre parti (o trasmessi ad altre parti) e il mancato rispetto di questa raccomandazione è sua esclusiva responsabilità. L’Utente riconosce di essere responsabile per eventuali spese e permessi necessari relativi all’accesso al Servizio tramite il proprio dispositivo mobile e fornitore di accesso. Pertanto, invitiamo i gentili Utenti a contattare il proprio fornitore per venire a conoscenza dei termini specifici relativi a questi servizi per i loro dispositivi mobili. Utilizzando qualsiasi applicazione disponibile per il download utile ad abilitare l’utilizzo del Servizio, l’Utente conferma implicitamente l’accettazione dei termini dell’End User Agreement (Accordo relativo alla licenza con l’utente finale) associato all’applicazione ottenuta al momento del download o dell’installazione, o di qualsiasi eventuale aggiornamento puntuale.
Entrata in vigore in data 18 gennaio 2019
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PRIVACY POLICY - IMEA - 70
Effective March 15th 2021
DownloadTable of Contents
POLITICA SULLA PRIVACY DI RISESMART
RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (così denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai relativi Termini di servizio (ubicati all’indirizzo http://www.RiseSmart.com/terms-conditions) (i “TOS”) e alla presente Politica sulla privacy. Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (tra cui la gestione dei file e i servizi analitici), le tecnologie connesse e (c) tutti i software i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (qui di seguito generalmente denominati “Contenuti”).
RiseSmart effettua il controllo dati per tutte le informazioni raccolte e trattate tramite il Servizio. Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai TOS e alla presente Politica sulla privacy. La presente Politica sulla privacy stabilisce la politica di RiseSmart concernente il rispetto delle informazioni personali identificabili (“Dati personali”) e altre informazioni raccolte, trasmesse o comunque utilizzate in rapporto con il Servizio. I dati anonimi, che potrebbero essere raccolti durante l’utilizzo del Servizio da parte dell’Utente, non sono inclusi nella categoria “Dati personali.”
Il consenso dell’Utente
Fornendo volontariamente e RiseSmart dati personali o comunque usufruendo del Servizio, l’Utente riconosce e acconsente che RiseSmart raccolga, trasmetta e utilizzi i suoi Dati personali e altre informazioni come descritto qui di seguito in questa Politica sulla privacy e in tutte le altre segnalazioni fornite puntualmente da RiseSmart in relazione con in Servizio. L’Utente ha la facoltà di revocare tale autorizzazione e di esigere che l’informazione de esso fornita a RiseSmart venga eliminata.
Dati personali ricevuti dal cliente
Qualora l’Utente desideri usufruire del Servizio, RiseSmart gli richiederà di fornire direttamente a RiseSmart i propri Dati personali. RiseSmart riceverà da ogni Utente:
nome, professione attuale o recente, nome dell’azienda, numero di telefono, indirizzo, indirizzo e-mail e altre informazioni identificative o di contatto;
la cronologia del percorso professionale, educativo e formativo dell’Utente, altre qualifiche, obiettivi di impiego, aspettative di retribuzione, interessi e altre informazioni anagrafiche e relative alla carriera;
le informazioni relative alla progressione dei milestone e all’avanzamento della carriera e delle ricerche di impiego; e
informazioni relative al livello di soddisfazione cliente dell’Utente, o ad altri riscontri relativi all’evoluzione della carriera, alla ricerca di un impiego e al Servizio.
Inoltre, quando l’Utente interagisce con RiseSmart tramite il Servizio, RiseSmart è autorizzata a raccogliere Dati personali e informazioni che lo riguardano, quando queste sono fornite volontariamente da parte dell’Utente, come nel caso in cui egli contatti RiseSmart per qualsiasi richiesta o compili uno dei sondaggi di RiseSmart.
Ad ogni Utente verrà richiesto di fornire Dati personali tramite svariati canali in relazione con il Servizio, incluso tramite attivazione del suo account per il Servizio, via registrazione online o su carta stampata, come il suo curriculum, la sua checklist e i questionari completati per RiseSmart, le formazioni, le sessioni di counseling, le discussioni, gli scambi via e-mail e altri canali. Il Servizio è autorizzato inoltre a raccogliere l’indirizzo IP (Internet Protocol) dell’Utente.
Per l’account personale che ogni Utente può creare sul Servizio, RiseSmart è autorizzata a chiedere di impostare un unico nome utente, un’unica password e domanda di sicurezza, nonché a utilizzare queste informazioni di accesso al fine di accedere al suo account. L’Utente accetta di proteggere la segretezza del nome utente, della password e della domanda di sicurezza, e qualora l’Utente non possa più garantire tale segretezza, egli verrà tenuto come unico responsabile per qualsiasi utilizzo che ne risulti, e per qualsiasi furto, alterazione, uso improprio, divulgazione o altri danni in rapporto con i suoi Dati personali e altre informazioni.
L’Utente è autorizzato a esigere l’accesso ai dati forniti a RiseSmart. La richiesta di accesso va inviata al seguente indirizzo: user.support@risesmart.com. RiseSmart si impegna a rispondere a tale richiesta di accesso entro 30 giorni.
Dati personali ricevuti da un cliente dell’impresa
L’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi o gli ex dipendenti del cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) successivamente indicati come “Impegni verso il Cliente dell’Impresa) . RiseSmart, in adeguamento con gli Impegni verso il Cliente dell’impresa, riceve dal cliente dell’impresa una lista di persone ammissibili al Servizio. Se ammissibile, la lista cliente dell’impresa deve includere il nome dell’Utente, la sua professione attuale o recente, l’indirizzo postale, il numero di telefono, l’indirizzo e-mail, l’unità o il dipartimento aziendale, e altri Dati personali.
RiseSmart elabora come descritto le informazioni relative ad ogni Utente per il suo legittimo interesse, fornendogli un servizio resogli accessibile dal suo datore di lavoro o ex datore di lavoro. RiseSmart utilizza i Dati personali ricevuti dai clienti di un’impresa al fine di contattare i partecipanti ammissibili.
Trasferimenti internazionali dei Dati personali
Se l’Utente o il cliente di un’impresa fornisce Dati personali in relazione con il Servizio, l’Utente riconosce e accetta che tali Dati personali possano essere trasferiti dalla posizione del cliente dell’Utente o dell’impresa verso le sedi e i server di RiseSmart e verso terze parti autorizzate qui citate, sul territorio degli Stati Uniti o di altri Paesi.
Informazioni complementari e Uso dei cookie
Quando un utente interagisce con RiseSmart tramite il Servizio, RiseSmart riceve e conserva alcune informazioni personalmente non identificabili. Tali informazioni, raccolte passivamente a mezzo di svariate tecnologie, non possono essere utilizzate per identificare personalmente l’Utente. Inoltre, il Servizio è autorizzato a raccogliere altre informazioni personalmente non identificabili, a fini funzionali per il Servizio (e.g. la raccolta di risposte ai questionari che non contengono informazioni personalmente identificabili). RiseSmart è autorizzata a conservare tali informazioni o queste informazioni potrebbero essere inserite in un database di proprietà e gestione di RiseSmart o di fornitori d’accesso. Il Servizio è autorizzato a utilizzare tali informazioni e riunirle insieme ad altre informazioni al fine di individuare, ad esempio, il numero totale di visitatori del Sito o del Servizio, il numero di visitatori per ogni pagina del Sito o del Servizio e i nomi di dominio dei fornitori d’accesso internet dei visitatori di RiseSmart. È importante notare che nessun Dato personale è disponibile o utilizzato in questo processo, salvo qualora l’Utente o il cliente di un’impresa lo fornisca volontariamente, come sopra esposto.
A scopi funzionali per il Servizio, RiseSmart potrebbe fare ricorso a una tecnologia chiamata “cookie.” Un cookie consiste in un’informazione che il computer che ospita il Servizio trasmette al browser dell’utente quando accede al Servizio. I cookie di RiseSmart migliorano la funzionalità del Servizio e contribuiscono a rendere più attendibili le analisi del Servizio da parte di RiseSmart. Ad esempio, il Servizio potrebbe installare un cookie sul navigatore dell’utente, che gli permette di accedere al Servizio senza che sia necessario inserire la password più volte durante la visita al Servizio. Qualora RiseSmart utilizzi dei cookie, RiseSmart si impegna a raccogliere informazioni personali unicamente con il permesso dell’Utente.
RiseSmart è autorizzata (ed è autorizzata ugualmente a permettere a fornitori di terze parti) ad utilizzare tali cookie o tecnologie simili al fine di raccogliere informazioni in merito alle attività di navigazione dell’Utente nel tempo e attraverso diversi siti internet durate l’utilizzo del Servizio. Il nostro Servizio attualmente non risponde ai segnali “Do not Track” (DNT) ed opera come descritto nella presente Politica sulla privacy, indipendentemente dalla ricezione o meno di segnali DNT. Qualora RiseSmart dovesse decidere di farlo in futuro, verrà fornita una descrizione completa delle modalità di tale decisione nella presente Politica sulla privacy.
Condivisione di informazioni con i Clienti dell’impresa
Se l’Utente utilizza il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che potrebbero comportare l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo all’evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata che sia (qui di seguito generalmente denominati “Dati relativi all’evoluzione dell’outplacement”). Puntualmente, RiseSmart potrebbe mettere a disposizione dell’Utente alcuni strumenti volti a permettergli di modificare i Dati relativi all’evoluzione dell’outplacement, che RiseSmart è autorizzata a condividere con il cliente dell’impresa. Se l’Utente utilizza il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’evoluzione della carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che potrebbero comportare l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo all’evoluzione della ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in tutti i casi in forma aggregata (qui di seguito collettivamente denominati “Dati relativi all’evoluzione della carriera”). Puntualmente, RiseSmart potrebbe mettere a disposizione dell’Utente alcuni strumenti volti a permettergli di modificare i Dati relativi all’evoluzione della carriera, che RiseSmart è autorizzata a condividere con il cliente dell’impresa. Per qualsiasi domanda o dubbio in merito ai Dati relativi all’evoluzione dell’outplacement o ai dati relativi all’assistenza alla carriera che RiseSmart è autorizzata a condividere con il cliente dell’impresa, invitiamo i gentil Utenti a contattare user.support@risesmart.com(informazioni dettagliate di seguito).
Altri usi e condivisione delle informazioni Utente
Nei limiti del campo di applicazione del Servizio, RiseSmart è autorizzata a raccogliere, trasmettere e utilizzare i dati personali dei propri utenti al fine di garantire l’erogazione del suo Servizio, incluso senza limitazioni al fine di determinare il tipo di assistenza particolare che l’Utente desidera ottenere da parte del Servizio, e, qualora l’Utente in questione sia un cercatore di lavoro, di offrirgli suggestioni di lavoro, formazioni sulla ricerca di lavoro, assistenza alla redazione del curriculum e/o altri tipi di assistenza. RiseSmart è inoltre autorizzata ad utilizzare i Dati personali e altre informazioni (a) per identificare e autenticare l’Utente, e.g. per permettergli l’accesso all’account del Servizio e la comunicazione dell’Utente con il personale di RiseSmart, o (b) a livello interno al fine di intensificare o migliorare l’attività del Servizio di RiseSmart per l’account dell’Utente, effettuare rapporti interni sull’efficienza del Servizio al management RiseSmart, svolgere formazioni a livello interno e in generale gestire le attività di RiseSmart.
Inoltre, qualora l’Utente fornisca Dati personali o altre informazioni per ragioni specifiche, RiseSmart è autorizzata a utilizzare i dati personali o altre informazioni in rapporto con la ragione per cui tali informazioni sono state fornite. Ad esempio, qualora l’Utente contatti RiseSmart via e-mail, RiseSmart sarà autorizzata ad utilizzare i Dati personali forniti al fine di rispondere alle domande dell’Utente o a risolvere il problema de egli sollevato.
RiseSmart è inoltre autorizzata a utilizzare e a condividere i Dati personali dell’Utente e altre informazioni raccolte durante il Servizio, secondo le seguenti modalità:
RiseSmart è autorizzata a utilizzare i Dati personali e altre informazioni al fine di migliorare il Contenuto e la funzionalità del Servizio, migliorare la sua comprensione degli Utenti di RiseSmart e migliorare il Servizio.
Poiché RiseSmart sviluppa le proprie attività, è probabile che RiseSmart proceda alla vendita o all’acquisto di attività o capitali. Nell’eventualità di un’acquisizione aziendale, di una fusione, di una riorganizzazione, dissoluzione o evento simile, i Dati personali e altre informazioni potrebbero essere far parte dei beni trasferiti.
RiseSmart è autorizzata a condividere i Dati personali e altre informazioni con gli affiliati di RiseSmart, per fini coerenti con la sua Politica sulla privacy.
RiseSmart, come molte altre imprese, ingaggia puntualmente altre aziende al fine di eseguire alcune funzioni relative all’attività, incluse le statistiche. Nell’ingaggiare altre aziende al fine di eseguire funzioni specifiche per suo conto, RiseSmart è autorizzata a fornire loro i Dati personali dei suoi utenti e altre informazioni nella misura necessaria o utile al fine di eseguire tali funzioni specifiche. Questi fornitori di servizi includono aziende che ospitano i nostri server, forniscono ai nostri clienti strumenti di gestione, strumenti di comunicazione, e servizi volti a individuare e prevenire la frode.
RiseSmart è autorizzata a divulgare i Dati personali dell’Utente e altre informazioni se richiesto dalla legge o in buona fede se ritiene che tale azione sia necessaria al fine di (i) conformarsi a qualsiasi obbligo legale, (ii) proteggere e difendere i diritti o la proprietà di RiseSmart, (iii) agire in circostanze urgenti al fine di proteggere la sicurezza personale degli utenti del Servizio o del pubblico, o (iv) proteggere da eventuali responsabilità legali.
Dati personali aggregati
In un continuo sforzo per comprendere al meglio ed erogare un migliore Servizio possibile ai propri Utenti, RiseSmart conduce regolarmente ricerche sulle informazioni demografiche, gli interessi e i comportamenti dei propri Utenti, basandosi sui Dati personali o su altre informazioni da essi fornite a RiseSmart. Questa ricerca e le altre misurazioni o analisi sui comportamenti, i risultati o le recensioni dell’Utente possono essere compilati e analizzati su base aggregata, e RiseSmart è autorizzata a condividere tali dati aggregati con i suoi affiliati, agenti o partner commerciali. Queste informazioni aggregate non permettono l’identificazione personale dell’Utente a cui appartengono. RiseSmart è inoltre autorizzata a divulgare le statistiche che concernono l’Utente, al fine di descrivere i servizi di RiseSmart ai propri partner commerciai attuali o potenziali, e a terze parti per altri fini leciti.
Gestione delle informazioni
RiseSmart è autorizzata a ricevere o inserire tutte le informazioni personali dell’Utente o altre informazioni in forma digitale. RiseSmart è autorizzata a riunire tutti i Dati personali e altre informazioni che riguardano l’Utente in unico un record di database proprietario, nonché a conservarli in server ospitati negli Stati Uniti o in altri Paesi. L’Utente ha il diritto di accertarsi che i dati personali in possesso di RiseSmart siano attendibili. Con l’obiettivo di garantire tale attendibilità, RiseSmart è autorizzata a suggerire o a esigere da parte dell’Utente la revisione di un riassunto dei propri dati personali e di altre informazioni presenti sul suo account, e a confermare o a correggere eventualmente tali informazioni.
Il personale di RiseSmart è autorizzato ad accedere all’account dell’Utente, a determinare bisogni e punti di azione, e, se l’Utente è un cercatore di lavoro, a pubblicare suggestioni di lavoro da qualsiasi ufficio o luogo di lavoro o di viaggio.
RiseSmart adotta ragionevoli provvedimenti per proteggere i Dati personali e altre informazioni fornite via il Servizio da perdite, uso improprio e accesso non autorizzato, divulgazione, alterazione o distruzione. Cionondimeno, nessuna trasmissione via internet o e-mail può essere considerata sempre completamente sicura e protetta da eventuali errori. In particolare, le e-mail o altre trasmissioni inviate a o dal Servizio potrebbero non essere sicure. Pertanto, invitiamo il gentile Utente a prendere le dovute precauzioni nel decidere quali informazioni inviare a RiseSmart via e-mail o tramite qualsiasi altro mezzo di trasmissione.
Link verso altri siti web
La presente Politica sulla privacy si applica unicamente al Servizio. Il Servizio potrebbe contenere link verso altri siti web non gestiti né controllati da RiseSmart (i “Siti di terze parti”). Le politiche e le procedure qui descritte non si applicano ai Siti di terze parti. I link presenti sul Servizio non implicano che RiseSmart appoggi o abbiano verificato i Siti di terze parti. RiseSmart consiglia ai gentili Utenti di contattare direttamente questi siti per maggiori informazioni in merito alle loro politiche sulla privacy.
Informazioni pubbliche
Qualora l’Utente fornisca informazioni personali non richieste a RiseSmart attraverso il Servizio o altri mezzi, quali la pubblicazione di informazioni in zone pubbliche del Servizio, tali informazioni verranno ritenute non confidenziali. RiseSmart è libera di riprodurre, divulgare e distribuire tali informazioni non richieste a terzi senza limitazioni o attribuzioni alcune. Qualsiasi informazione pubblicata in zone pubbliche è accessibile e può essere registrata da chiunque acceda al Sito da qualunque parte del mondo.
Bambini
RiseSmart non è un servizio destinato ai bambini al di sotto dei 13 anni, e RiseSmart non è autorizzata a raccogliere informazioni su si essi.
Modifiche della presente Politica sulla privacy
Il Servizio e le attività di RiseSmart potrebbero cambiare occasionalmente. Pertanto, RiseSmart potrebbe necessitare di modificare puntualmente la presente Politica sulla privacy. RiseSmart si riserva il diritto di aggiornare o modificare la presente Politica sulla privacy in qualsiasi momento e occasionalmente senza previa notifica. Invitiamo i gentili Utenti a consultare la presente Politica regolarmente, e in particolare prima di fornire qualsiasi dato personale. La presente Politica sulla privacy è stata aggiornata per l’ultima volta alla data indicata di seguito. L’uso prolungato del Servizio dopo qualsiasi modifica o revisione della presente Politica sulla privacy verrà considerata come una tacita accettazione dei termini di tale Politica sulla privacy modificata.
Contattare RiseSmart
Al fine di garantire l’attendibilità, la completezza dei dati personali e di mantenerli aggiornati, invitiamo il gentile Utente a contattare RiseSmart come segue. RiseSmart prenderà ragionevoli provvedimenti volti ad aggiornare o correggere dati personali in nostro possesso, forniti precedentemente dall’Utente attraverso il Servizio.
Qualora sorgano domande o dubbi in merito alla presente Politica sulla privacy o ad altre questioni relative alla privacy, invitiamo l’Utente a contattare l’agente responsabile delle questioni di privacy di RiseSmart, al seguente indirizzo:
Ufficio privacy
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
E-mail: user.support@risesmart.com
Gli utenti residenti nell’area economica europea (SEE) e in Svizzera hanno il diritto di sporgere denuncia presso l’autorità di vigilanza preposta alla protezione dei dati nel proprio Paese.
Entrata in vigore in data 18 gennaio 2019
TERMINI E CONDIZIONI
TERMINI e CONDIZIONI
1. Accettazione dei Termini.
1.1 RiseSmart, Inc. e i suoi affiliati (qui di seguito collettivamente denominati “RiseSmart”) forniscono un Servizio (come denominato qui di seguito) ai propri Utenti attraverso siti internet controllati da RiseSmart (tra i quali, senza limitazione alcuna, il sito ubicato all’indirizzo http://www.RiseSmart.com) (qui di seguito collettivamente nominato “Sito”) sottomesso ai presenti Termini di servizio (qui di seguito denominati “TOS”, Terms Of Service in inglese). Accettando i presenti TOS, o accedendo o utilizzando il Servizio o il Sito, l’Utente accetta di aver letto e compreso i presenti TOS, e di approvare di esserne vincolato. Qualora l’Utente non sia d’accordo con i presenti TOS, lo invitiamo a non accettarli e pertanto non potrà utilizzare il Servizio.
1.2 RiseSmart è autorizzata a modificare tali TOS quando necessario, senza alcun preavviso. I termini e condizioni modificati entrano in vigore a decorrere dal momento della loro pubblicazione e se l’Utente utilizza il Servizio dopo tale data, tale utilizzo verrà considerato come un’accettazione tacita dei termini e delle condizioni modificati. Se l’Utente non considera accettabili alcune modifiche dei TOS, l’unica soluzione è la cessazione dell’accesso e dell’utilizzo del Servizio.
2. Descrizione del servizio.
Il “Servizio” include (a) il Sito, (b) I servizi di outplacement e di gestione della carriera di RiseSmart, nonché altri servizi connessi (inclusa la gestione dei file e i servizi analitici), le tecnologie connesse e le applicazioni (tra cui, senza limitazioni, le applicazioni e i servizi a cui è possibile accedere tramite tutte le interfacce mobili o meno, che permettono l’accesso a tali servizi e applicazioni), e (c) tutti i software (incluso il Software, come denominato di seguito) i materiali, i portali, le raccomandazioni, le suggestioni di lavoro, le informazioni, i rapporti, il testo, le immagini, i suoni, i video, i contenuti analitici o meno disponibili tramite qualsiasi mezzo fra quelli elencati (collettivamente denominati “Contenuti”). Tutte le nuove funzionalità aggiunte o volte a migliorare il Servizio sono anch’esse soggette ai presenti TOS.
3. Condizioni generali/Accesso e utilizzo del Servizio.
3.1 In conformità con i termini e condizioni dei presenti TOS, l’accesso dei nostri Utenti al Servizio e il suo utilizzo sono ammessi unicamente per scopi leciti. Tutti i diritti, i titoli e gli interessi all’interno e per il Servizio e le sue componenti verranno conservati e rimarranno proprietà esclusiva di RiseSmart. Non sono autorizzati (e questo vale per l’Utente e per le terze parti) (a) la copia, la riproduzione, la modifica, la cancellazione, la distribuzione, il download, la conservazione, la trasmissione, la pubblicazione, la creazione di opere derivate, la decompilazione e l’assemblaggio inverso o qualunque tentativo, diretto o indiretto, di scoprire qualsiasi codice sorgente, la vendita, la sublicenza, la rivendita, l’affitto, la concessione, il trasferimento, l’assegnazione o la condivisione di proprietà del Servizio, nonché lo sfruttamento a scopo commerciale di questo e la messa a disposizione del Servizio a terzi; (b) l’utilizzo del Servizio per scopi non conformi con la legge (incluso, senza limitazioni, il suo utilizzo in violazione di qualsiasi legge sui dati, sulla privacy o sul controllo dell’esportazione) in qualsivoglia maniera che interferisca con o che sia in opposizione con l’integrità o con le prestazioni del servizio o dei suoi componenti, (c) la modifica, l’adattamento o il pirataggio del Servizio avente come obiettivo l’ottenimento di un accesso non autorizzato al Servizio o ai sistemi e alle reti ad esso connesse; o (d) l’utilizzo di qualsiasi Contenuto in altri siti o media (e.g., ambienti di networking). I nostri Utenti sono tenuti a confermarsi a tutti i codici di condotta e a tutte le politiche o notifiche fornite da RiseSmart in rapporto con il Servizio. Sono tenuti inoltre a notificare immediatamente a RiseSmart qualsiasi breccia relativa alla scurezza in relazione con il Servizio. Inoltre, utilizzando alcuni servizi, i nostri Utenti saranno soggetti a ulteriori termini, applicabili ai servizi che potrebbero essere pubblicati puntualmente nel Servizio, tra i quali è inclusa, senza limitazioni, la Politica sulla privacy di RiseSmart.
3.2 Qualsiasi software reso disponibile da RiseSmart in rapporto con il Servizio (“Software”) contiene informazioni di proprietà riservata e confidenziali, protette dalle leggi applicabili sulla proprietà intellettuale e da altre leggi. Nel rispetto dei termini de condizioni di questi TOS, RiseSmart garantisce con la Presente diritto e licenza personali, non trasferibili, non concedibili in sublicenza e non esclusivi, di utilizzare il codice oggetto di qualsiasi Software in un singolo dispositivo, unicamente se in rapporto con il Servizio. I nostri Utenti accettano di non accedere al Servizio con qualsivoglia mezzo che non sia l’interfaccia fornita da RiseSmart per un utilizzo finalizzato all’accesso al Servizio. Tutti i diritti non espressamente garantiti nel presente documento sono riservati e non sono garantiti ai nostri Utenti nessun diritto e nessuna licenza di utilizzare marchi di proprietà di RiseSmart o qualsiasi terza parte in relazione con il Servizio.
3.3 Ogni Utente è l’unico responsabile di tutti i dati, le informazioni, i riscontri, le suggestioni, i testi, i contenuti e altri materiali da esso scaricati, pubblicati, forniti, consegnati o trasmessi in qualsivoglia maniera o conservati (qui di seguito “trasmessi” /“trasmissione”) in relazione o in rapporto con il Servizio (“Il Contenuto Utente”). Ogni Utente si porta con la Presente rappresentante e garante del fatto che il proprio Contenuto da esso trasmesso nel rispetto del Servizio (a) sia attendibile, corretto, legale, decente, onesto e completo (incluso, senza limitazioni, per quanto riguarda il suo curriculum, i suoi dati anagrafici e le sue informazioni occupazionali, se l’Utente utilizza il Servizio come cercatore di lavoro o cercatore di un’evoluzione della carriera), e (b) sia esente da errori, worm o virus. L’Utente approva che RiseSmart possa procedere a rimozione del suo Contenuto dal Servizio qualora ritenga che l’Utente agisce in violazione di quanto detto in precedenza o di altri termini dei presenti TOS. L’Utente ha la responsabilità di mantenere la confidenzialità dei propri login, password e account, nonché di tutte le attività effettuate all’interno del suo login o account. RiseSmart si riserva il diritto di accedere all’account dell’Utente al fine di rispondere alle sue richieste di assistenza tecnica. Trasmettendo il proprio Contenuto nel o tramite il Servizio, l’Utente è tenuto a garantire e garantisce di fatto con la Presente a RiseSmart la licenza non esclusiva, perenne, irrevocabile, senza royalty, interamente pagata, concedibile in sublicenza e trasferibile, di utilizzare, modificare, riprodurre, distribuire, visualizzare, pubblicare ed eseguire il suo Contenuto in relazione con il Servizio. RiseSmart ha il diritto, ma non l’obbligo, di vagliare o monitorare il Servizio, il Contenuto o il Contenuto Utente. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto), o per ragioni non precisate.
3.4 L’Utente prende conoscenza del fatto che la gestione del Servizio, incluso del suo Contenuto, potrebbe essere non cifrato e che comprende (a) la trasmissione attraverso diverse reti, (b) cambiamenti volti a conformare o adattare le prescrizioni tecniche di connessione di reti o dispositivi, (c) la trasmissione a venditori esterni di RiseSmart e l’hosting di partner per fornire gli hardware, i software, il networking, la conservazione e le relative tecnologie necessarie per l’esecuzione e il mantenimento del Servizio, e (d) la trasmissione ad altri terzi in relazione con l’erogazione del Servizio all’Utente. Analogamente, l’Utente riconosce di avere la responsabilità esclusiva delle misure di sicurezza, di protezione e di backup del suo Contenuto. RiseSmart non sarà ritenuto in alcun caso responsabile per qualsiasi accesso o utilizzo non autorizzato di Contenuti di sua proprietà, o per qualsiasi danneggiamento, cancellazione, distruzione o perdita di Contenuti di sua proprietà.
3.5 Qualora l’Utente sia un richiedente di lavoro o di evoluzione della carriera, egli è tenuto ad accettare di agire in coscienza, facendo prova di prudenza e buon senso nel gestire le opportunità di lavoro e altre informazioni offerte da o ottenute tramite il Servizio, nonché ad assumersi il rischio di qualsivoglia affidamento o utilizzo di tutti i Contenuti (il che include qualsiasi suggestione di lavoro o consiglio relativo alla carriera o raccomandazione) fornito tramite il Servizio.
3.6 L’incapacità da parte di RiseSmart di esercitare o applicare qualsiasi diritto o erogazione dei presenti TOS non costituisce deroga a questo diritto. L’Utente prende conoscenza del fatto che i presenti TOS hanno valore di contratto tra esso e RiseSmart, quantunque questi siano stati firmati per via elettronica e non fisica da parte dell’Utente e di RiseSmart, e che questi disciplinano l’utilizzo del Servizio da parte dell’Utente, sostituendosi a qualsivoglia accordo simile finalizzato in precedenza tra l’Utente e RiseSmart.
3.7 L’Utente riconosce che qualsiasi cliente di RiseSmart ha il diritto di richiedere l’intervento di RiseSmart al fine di assistere (a) i dipendenti attivi e/o gli ex dipendentidel cliente dell’impresa che siano stati o che saranno esonerati dall’assunzione di tale cliente dell’impresa, nella loro ricerca di lavoro tramite il Servizio (“Assistenza all’outplacement”) o (b) i dipendenti attivi del cliente dell’impresa con sviluppo di carriera tramite il Servizio (“Assistenza all’evoluzione della carriera”), ((a) e (b) qui di seguito collettivamente denominati “Impegni verso il Cliente dell’Impresa). Qualora l’Utente utilizzi il Servizio conformemente all’Impegno verso i Clienti dell’Impresa per Assistenza all’outplacement, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, su scala individuale o in forma aggregata. Qualora l’Utente utilizzi il Servizio conformemente agli Impegni verso il Cliente dell’Impresa per Assistenza all’Evoluzione della Carriera, RiseSmart può rendere accessibile al cliente dell’impresa rapporti sullo stato di avanzamento e altre informazioni che comportano l’identificazione dell’Utente in questione, nonché indicare lo statuto dell’utilizzo del Servizio da parte dell’Utente, il campo di applicazione dell’utilizzo che egli fa del Servizio, l’evoluzione dei milestone e lo statuto relativo alla ricerca di lavoro o in evoluzione della carriera, il livello di soddisfazione del cliente dell’Utente o altri riscontri in relazione con il Servizio, in forma aggregata per ogni singolo caso. Invitiamo i gentili Utenti a consultare la Politica sulla privacy di RiseSmart per ulteriori informazioni in merito alla raccolta, all’utilizzo e alla condivisione delle informazioni fornite dagli Utenti stessi o dai clienti dell’impresa, da parte di RiseSmart, in relazione con gli Impegni verso il Cliente dell’Impresa.
3.8 Qualora l’Utente utilizzi il Servizio conformemente a uno degli Impegni verso il Cliente dell’Impresa, costui è tenuto ad accettare che il Servizio ad esso erogato non ecceda i limiti del campo di applicazione, della durata o di altre restrizioni dell’Impegno verso i Clienti dell’Impresa, il cui rispetto costituisce condizione sine qua non dell’accesso al Servizio.
3.9 L’Utente accetta che RiseSmart (a) stabilisca una serie di pratiche e di limiti attinenti all’utilizzo del Servizio, incluso senza limitazioni il lasso di tempo massimo durante il quale il Contenuto o qualsiasi contenuto dell’Utente verrà conservato dal Servizio e i limiti di spazio di conservazione che verranno concessi a suo nome, (b) RiseSmart non si assuma nessuna responsabilità o assoggettamento per la soppressione o l’impossibilità di conservare qualsiasi Contenuto o qualsiasi contenuto dell’Utente conservato o caricato nel Servizio, e (c) abbia il diritto di conservare del Contenuto o qualsiasi Contenuto dell’Utente nonché di divulgare del Contenuto o il Contenuto dell’Utente qualora questo dovesse esser prescritto per legge o qualora lo ritenga in buona fede necessario al fine di: (i) conformarsi con qualsiasi processo di natura legale, o con le leggi o le normative applicabili che lo impongono; (ii) applicare le presenti TOS; (iii) rispondere ad eventuali reclami relativi alla presunta violazione dei diritti di terzi da parte di un Contenuto o di qualsiasi Contenuto dell’Utente; o (iv) proteggere i diritti, la proprietà o l’incolumità personale di RiseSmart, dei suoi Utenti e del pubblico. L’Utente accetta inoltre che RiseSmart rimuova o disattivi qualsiasi Contenuto o di qualsiasi Contenuto imputabile all’Utente, in qualsiasi momento e per qualsivoglia motivo (incluso, ma non limitato a questo, in seguito a ricezione eventuale di reclami o allegazioni da parte di terzi o delle autorità competenti in materia di tale Contenuto o del Contenuto dell’Utente), o per ragioni non precisate.
4. Pagamento.
Nella misura in cui il Servizio o qualsiasi parte dello stesso è disponibile a pagamento (e qualora non sia pagato da un’impresa cliente di RiseSmart), l’Utente è tenuto a selezionare un piano di pagamento e a fornire a RiseSmart le informazioni relative alla sua carta di credito o di un’altra modalità di pagamento. L’Utente garantisce a RiseSmart che le informazioni fornite sono veritiere che si è autorizzati ad utilizzare lo strumento di pagamento indicato. L’Utente procederà quanto prima all’inserimento delle proprie informazioni bancarie includendo le eventuali modifiche (ad esempio, una modifica dell’indirizzo di fatturazione o della data di scadenza della propria carta di credito). L’Utente accetta di pagare a RiseSmart l’importo specificato nel piano di pagamento in conformità con i termini di tale piano e dei presenti TOS. Con la Presente l’Utente autorizza RiseSmart a procedere all’addebito sul metodo di pagamento indicato in anticipo a scadenza regolare, conformemente ai termini del piano di pagamento applicabile, fino alla chiusura dell’account dell’Utente in questione, il quale accetta inoltre di pagare eventuali costi aggiuntivi se necessario. Qualora l’Utente desideri fare opposizione ad eventuali costi aggiuntivi, egli è tenuto ad avvisare RiseSmart entro sessanta (60) giorni a decorrere dalla data della fattura emessa da RiseSmart. RiseSmart si riserva il diritto di modificare i prezzi dei servizi erogati in qualsiasi momento. Qualora RiseSmart dovesse procedere a modifica delle tariffe relative ai servizi erogati, RiseSmart ne avvertirà gli Utenti tramite notifica sul Sito o via e-mail individuale, nelle opzioni di RiseSmart, con minimo 30 giorni di anticipo rispetto alla data di entrata in vigore della modifica. Il proseguimento dell’utilizzo del Servizio dopo l’entrata in vigore della modifica del prezzo è considerato come tacita accettazione del pagamento dell’importo modificato. Qualora l’Utente utilizzi il Servizio conformemente a un Impegno verso il Cliente dell’Impresa, tale cliente dell’impresa verrà addebitato per il package del Servizio specifico che ha autorizzato RiseSmart ad erogare all’Utente in questione.
5. Dichiarazioni e garanzie.
Nell’ambito dell’utilizzo dell’Utente, questi accetta di NON: violare qualsivoglia regolamento locale, statale e federale, regolamento e statuto di qualsivoglia giurisdizione, tra cui, a titolo non esaustivo, leggi e regolamenti americani relativi alle esportazioni e alle leggi relative alle pari opportunità in materia di lavoro; violare qualsivoglia diritto relativo alla proprietà individuale e alla privacy, incluso, ma non limitato a brevetti, copyright, marchio di fabbrica o segreti industriali, di terze parti; caricare, pubblicare, trasmettere o conservare qualsivoglia materiale contrario alla legge, di natura offensiva, diffamatoria, fraudolenta, ingannevole, fallace, dannosa, minacciosa, molesta, oscena o riprovevole; che costituisca violazione di qualsivoglia obbligo contrattuale o di natura confidenziale; che pregiudichi o interferisca con le operazioni normali del Servizio, come la pubblicazione o la trasmissione di virus, worm, script, macro o codici di natura dannosa di qualsiasi tipo, la pubblicazione continua di contenuti ripetitivi o la pubblicazione di quantità anormali di dati; o che non siano consentiti da RiseSmart, tra cui, a titolo non esaustivo, qualsiasi materiale di natura pubblicitaria, materiale promozionale indesiderato, “junk mail”, “spam mail”, “chain letter”, schemi piramidali, franchise, distributori, affiliazioni a club, accordi commerciali, o qualsivoglia materiale non accettabile; violare altri diritti relativi alla privacy o alla persona, mandando e-mail indesiderate e raccogliendo informazioni personali di terzi; infrangere o tentare di infrangere qualsiasi misura di sicurezza relativa al Servizio; utilizzare qualsiasi dispositivo, processo o meccanismo al fine di monitorare, recuperare, cercare o accedere al Servizio, e.g. spider o robot, senza previo consenso; accedere o tentare di accedere a qualsiasi account o login di terzi registrati al Servizio; o pubblicare o inoltrare qualsiasi informazione falsa, inattendibile o incompleta, come il proprio curriculum, le proprie informazioni anagrafiche o occupazionali; usurpare l’identità di un’altra persona o di un’altra entità; falsificare qualsiasi intestazione di posta elettronica o mail; o falsificare la propria identità, la propria affiliazione con qualsiasi terza parte, o la propria entità.
6. Cessazione.
L’Utente ha il diritto di chiudere il proprio account in qualsiasi momento in conformità con le procedure stabilite sul Sito o fornite separatamente, ove applicabile. Qualora l’Utente utilizzi il Servizio in conformità con un Impegno verso il Cliente dell’Impresa, costui è tenuto ad accettare che l’accesso a tale Servizio arrivi a scadenza al momento della cessazione di tale Impegno verso un Cliente dell’Impresa. RiseSmart si riserva il diritto di (i) modificare o interrompere, in via temporaria o definitiva, il Servizio (o parte dello stesso) e di (ii) rifiutare l’utilizzo corrente o futuro, parziale o completo, del Servizio, di sospendere o chiudere l’account (o parte dello stesso) di un Utente e rimuovere e eliminare qualsiasi Contenuto dell’Utente in questione all’interno del Servizio, per qualsivoglia ragione, incluso qualora RiseSmart ritenga che tale Utente abbia violato i presenti TOS. RiseSmart non potrà essere considerata in alcun modo responsabile nei confronti dei suoi Utenti per qualsiasi modifica, sospensione o interruzione del Servizio. RiseSmart si impegna a sforzarsi in buona fede a contattare ogni Utente per avvisarlo prima di procedere a sospensione o chiusura del suo account da parte di RiseSmart. Tutti i Contenuti del Servizio (se del caso) potranno essere cancellati definitivamente da parte di RiseSmart al momento della chiusura dell’account di un Utente, a sua esclusiva discrezione. Qualora RiseSmart dovesse procedere a chiusura di un account senza precisarne le ragioni, e qualora l’Utente abbia sottoscritto a un servizio a pagamento, se applicabile (esclusivamente in caso di Impegno verso il Cliente dell’Impresa) RiseSmart provvederà al rimborso proporzionale della quota non acquisita di qualsiasi importo prepagato a RiseSmart per tale servizio. Ciononostante, tutti i diritti di pagamento maturati e i termini della Sezione 4-12 vanno applicati indipendentemente dalla cessazione dei presenti TOS.
7. ESONERI.
IL SERVIZIO, INCLUSI IL SITO, IL CONTENUTO (INCLUSO, SENZA LIMITAZIONI, PROPOSTE DI LAVORO E DI EVOLUZIONE DELLA CARRIERA, LE RACCOMANDAZIONI E LE STATISTICHE) E TUTTI I COMPONENTI DEI SERVER E DELLA RETE SONO FORNITI SULLA BASE DELLE DISPONIBILITÀ E DELLE POSSIBILITÀ, SENZA GARANZIE DI NESSUN TIPO, E RISESMART SI DICHIARA ESENTE DALLA RESPONSABILITÀ DI FORNIRE GARANZIE IN MERITO, SIANO ESSE ESPLICITE O IMPLICITE, TRA CUI, A TITOLO NON ESCLUSIVO, LE GARANZIE IMPLICITE DI COMMERCIABILITÀ, TITOLI O IDONEITÀ PER FINALITÀ SPECIFICHE, E LA NON-VIOLAZIONE. L’UTENTE ACCETTA LA DECISIONE DI RISESMART DI NON GARANTIRE CHE IL SERVIZIO NON SIA SOGGETTO A INTERRUZIONI, O CHE NON SIA SUFFICIENTEMENTE RAPIDO, SICURO, INDENNE DA ERRORI O VIRUS E CHE NESSUNA INFORMAZIONE, NOTIFICA O SERVIZIO OTTENUTI DALL’UTENTE DA PARTE DI RISESMART O TRAMITE IL SERVIZIO SIA ALL’ORIGINE DI GARANZIE NON ESPRESSAMENTE ENUNCIATE NEI PRESENTI TOS. SENZA PERTANTO LIMITARE IL CARATTERE GENERALE DI QUANTO PRECEDE, QUALORA L’UTENTE SIA UN RICHIEDENTE DI LAVORO O DI UN’EVOLUZIONE DELLA CARRIERA, (A) L’UTENTE IN QUESTIONE PRENDE ATTO E ACCETTA CHE EVENTUALI PROPOSTE DI LAVORO PUBBLICATE DA RISESMART SUL SUO ACCOUNT POSSANO ESSERE RICEVUTE ANCHE DA ALTRE PARTI, SENZA ALCUN TIPO DI ESAME SPECIFICO E CHE (B) RISESMART NON AUTORIZZA O GARANTISCE LA LEGITTIMITÀ O LA CORRETTEZZA DELLE OFFERTE DI LAVORO O DELLE INFORMAZIONI, NÉ GARANTISCE L’OTTENIMENTO REALE DI UN POSTO DI LAVORO, DI UN’EVOLUZIONE DELLA CARRIERA GRAZIE AL SERVIZIO O CHE I POSTI DI LAVORO O EVOLUZIONI DELLA CARRIERA OTTENUTI TRAMITE IL SERVIZIO SIANO ADATTI ALLE NECESSITA DELL’UTENTE O CORRISPONDANO ALLE SUE ASPETTATIVE. RiseSmart non può essere ritenuta responsabile in nessun caso e in qualsivoglia maniera per qualsiasi contenuto o materiale di terzi (inclusi gli utenti), tra cui, a titolo non esclusivo, per qualsiasi errore o omissione presenti nei contenuti, né per perdite o danneggiamenti di qualsiasi natura relativi all’utilizzo di tali contenuti. L’Utente riconosce che RiseSmart non preseleziona i contenuti. Nondimeno, RiseSmart e relativi designati hanno il diritto (ma non l’obbligo), a loro esclusiva discrezione, di rifiutare o rimuovere qualsiasi contenuto disponibile via il Servizio. L’Utente accetta di valutare e assumersi tutti i rischi associati all’uso di qualsiasi contenuto, incluso quelli relativi all’affidabilità relativa all’esattezza, all’esaustività o all’utilità di tale contenuto.
8. LIMITAZIONI DI RESPONSABILITÀ.
8.1. IN NESSUN CASO E SECONDO NESSUNA TEORIA LEGALE (IN CASO DI CONTRATTO, DI TORTO O ALTRO) RISESMART POTRÀ ESSERE TENUTA RESPONSABILE NEI CONFRONTI DEI PROPRI UTENTI PER (A) EVENTUALI DANNI INDIRETTI, ACCIDENTALI, SPECIALI, ESEMPLARI, CONSEQUENZIALI O PUNITIVI, INCLUSI GUADAGNI PERSI, VENDITE O AFFARI MANCATI, PERDITA DI DATI O INTERRUZIONE DI AFFARI, O (B) PER EVENTUALI DANNI, COSTI, PERDITE O PASSIVITÀ IN ECCESSO RISPETTO ALLE TARIFFE PAGATE DALL’UTENTE DURANTE I SEI (6) MESI CHE PRECEDONO GLI EVENTI CHE HANNO DATO LUOGO AL RECLAMO EFFETTUATO DA UN UTENTE, O, IN CASO DI MANCATO PAGAMENTO DELL’IMPORTO DOVUTO, AL PAGAMENTO DI CENTO ($100) DOLLARI AMERICANI. LE DISPOSIZIONI DI CUI ALLA PRESENTE SEZIONE DEFINISCONO I RISCHI STABILITI DAI PRESENTI TOS TRA LE PARTI, E LE PARTI IN QUESTIONE HANNO ACCETTATO DI SOTTOMETTERSI A TALI LIMITAZIONI NELL’ACCETTARE DI SOTTOSCRIVERE AI PRESENTI TOS.
8.2 Alcuni Stati non consentono l’applicazione degli esoneri, l’esenzione dalle garanzie implicite o la limitazione delle responsabilità in caso di danni consequenziali o accidentali, il che implica la possibilità che alcune delle limitazioni enumerate nella Sezione 7 (Esoneri) e 8 (Limitazione delle responsabilità) risultino non applicabili o vincolanti per l’Utente. IN QUESTI STATI, LA RESPONSABILITÀ DI RISESMART SARÀ LIMITATA NELLA MASSIMA MISURA PERMESSA DALLA LEGGE IN VIGORE. SE L’UTENTE È UN RESIDENTE DEL NEW JERSEY, LE DISPOSIZIONI ENUMERATE NELLE SEZIONI 7 (ESONERI) E 8 (LIMITAZIONI DELLE RESPONSABILITÀ) SONO APPLICABILI NEI LIMITI DELLE LEGGI DEL NEW JERSEY. SE UNA QUALSIASI DELLE PARTI CHE COMPONGONO TALI SEZIONI NON RISULTA VALIDA SECONDO LA LEGGE DEL NEW JERSEY, IL CARATTERE NON VALIDO DI TALI PARTI NON PREGIUDICA LA VALIDITÀ DELLE PARTI RIMANENTI DELLA SEZIONE APPLICABILE.
9. Indennizzo.
L’Utente è tenuto a difendere, rimborsare e indennizzare RiseSmart da e contro eventuali rivendicazioni, azioni o richieste, incluso, e senza limitazioni, spese contabili e legali, causate o risultanti da qualunque violazione da parte sua dei presenti TOS, qualsiasi Contenuto di cui è responsabile o qualsiasi altro accesso, contribuzione all’uso e l’uso improprio del Servizio. RiseSmart provvederà a notificare ogni Utente di tali reclami, cause o richieste. RiseSmart si riserva il diritto di assumersi la difesa e il controllo esclusivi di qualsiasi problema soggetto a indennizzo relativo alla presente sezione. Qualora si dovesse verificare tale situazione, l’Utente accetta di cooperare rispondendo a qualsiasi ragionevole richiesta, e di portare il proprio sostegno alla difesa di RiseSmart in merito a tale problema. A prescindere da quanto detto, l’Utente non è nell’obbligo di indennizzare, difendere o manlevare RiseSmart da o contro eventuali reclami, azioni o richieste nella misura risultante da tutte le azioni o inazioni di RiseSmart.
10. Attribuzione.
L’Utente non è autorizzato ad attribuire i presenti TOS senza previo consenso di RiseSmart. Cionondimeno, RiseSmart può attribuire o trasferire i presenti TOS, interamente o parzialmente, senza restrizione alcuna.
11. Diritto applicabile.
I presenti TOS sono regolati dalle leggi dello Stato della California, a prescindere dai conflitti di legge. Salvo disposizioni contrarie impartite da RiseSmart per casi particolari, l’Utente acconsente espressamente a sottomettersi alla giurisdizione personale esclusiva dei tribunali federali e statali dello Stato della California per la risoluzione di qualsiasi controversia relativa all’accesso o all’utilizzo del Servizio.
12. DMCA.
Il Digital Millennium Copyright Act del 1998 (il “DMCA”, legge americana sulla proprietà intellettuale) prevede la possibilità di fare ricorso per chiunque consideri che del materiale presente su internet infranga i propri diritti, protetti dalla legge americana sul copyright (proprietà intellettuale). RiseSmart si impegna a prendere in considerazione e a indagare su eventuali notifiche di presunta violazione della legge in questione e ad intraprendere le azioni necessarie, conformemente alla legge DMCA e a tutte le leggi applicabili in merito alla proprietà intellettuale nei confronti di qualsiasi presunta o effettiva violazione di queste. Le notifiche di pretesa violazione della proprietà intellettuale vanno inviate all’operatore addetto alle questioni di copyright di RiseSmart, all’indirizzo user.support@risesmart.com(con oggetto: “DMCA Takedown Request”, ovvero “Denuncia per violazione della legge DMCA”). L’Utente può inoltre contattare RiseSmart via e-mail all’indirizzo:
Attenzione: Operatore addetto alle questioni di copyright
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notifica: Al fine di garantire l’efficacia della notifica, questa va stilata per iscritto e deve contenere le seguenti informazioni:
una firma a mano o elettronica della persona autorizzata ad agire per conto del detentore del copyright o di altri interessi di proprietà intellettuale;
una descrizione del materiale soggetto a copyright o ad altre clausole di proprietà intellettuale che l’Utente ritiene siano stati violati;
una descrizione dell’ubicazione nel sito del materiale che l’Utente considera imputabile di violazione, contenente tutti i dettagli necessari per permettere a RiseSmart di individuarlo nel Sito;
l’indirizzo, il numero di telefono e l’e-mail dell’Utente che inoltra la richiesta;
una dichiarazione scritta dall’Utente, il quale deve esplicitare, in buona fede, che l’azione in causa non è autorizzata dal proprietario del copyright o della proprietà intellettuale, dal suo agente o dalla legge;
una dichiarazione sull’onore effettuata dall’Utente, pena l’accusa di falsa testimonianza, in cui deve confermare che le informazioni precedentemente trasmesse nella notifica sono esatte, e che è il detentore della proprietà intellettuale, o la persona autorizzata ad agire per conto del detentore della proprietà intellettuale o del copyright di cui è questione.
13. 1. Applicazioni del software compatibili con Apple.
RiseSmart offre una serie di applicazioni volte a operare in connessione con prodotti commercializzati da Apple Inc. (“Apple”), oltre ad altre piattaforme. Per quanto concerne il Software commercializzato per l’utilizzo in connessione con prodotti del marchio Apple (come i Software “Software compatibili Apple”), oltre agli altri termini e condizioni stabiliti per i presenti TOS, si applicano anche i seguenti termini e condizioni:
RiseSmart e i suoi Utenti riconoscono che le presenti TOS sono oggetto di contratto unicamente tra RiseSmart e ogni Utente, e non con Apple, e che tra RiseSmart e Apple, RiseSmart, e non Apple, è l’unica responsabile per il Software compatibile con Apple, e per il contenuto dello stesso.
È vietato utilizzare il Software compatibile con Apple in qualsivoglia maniera che costituisca violazione delle disposizioni di utilizzo per il Software compatibile con Apple enunciate nei Termini di Servizio dell’App Store, o che sia non conforme o in conflitto con queste.
L’autorizzazione di utilizzare il Software compatibile con Apple è limitata a una licenza non trasferibile di utilizzo del Software compatibile con Apple per un dispositivo iOS di proprietà o di controllo dell’Utente, come stabilito dai Termini di Servizio dell’App Store.
Apple non ha in alcun caso l’obbligo di fornire servizi di assistenza o manutenzione per quanto concerne il Software compatibile con Apple.
Apple non è responsabile per le garanzie prodotto, esplicite o implicite che siano. Qualora il Software compatibile con Apple dovesse riscontrare problemi di conformità con la garanzia applicabile, l’Utente è invitato a notificare Apple, e Apple provvederà a rimborsare il prezzo di acquisto, se del caso, del Software compatibile con Apple all’Utente interessato; inoltre, nella massima misura di quanto previsto dalla legge applicabile, Apple non ha obblighi di garanzia di nessun tipo nei confronti del Software compatibile con Apple, o in caso di reclami, perdite, responsabilità, danni, costi o spese imputabili all’impossibilità di conformarsi a qualsiasi garanzia, la cui responsabilità sarà attribuibile unicamente a RiseSmart, salvo esoneri previsti dalla legge applicabile.
RiseSmart e l’Utente riconoscono che RiseSmart, e non Apple, è l’unica responsabile per eventuali reclami effettuati dall’Utente o da terzi, concernenti un Software compatibile con Apple di proprietà di un Utente e/o dell’utilizzo di tale Software compatibile con Apple, tra cui, a titolo non esaustivo: (i) reclami relativi alla responsabilità per il prodotto; (ii) qualsiasi reclamo relativo all’impossibilità del Software compatibile con Apple di conformarsi a prescrizioni legali o regolamentari ; e (iii) reclami in rapporto con la protezione del consumatore o con simili normative.
Qualora una terza parte venga a rivendicare una violazione dei propri diritti di proprietà intellettuale imputabili al Software compatibile con Apple o al possesso e all’utilizzo dei questo da parte dell’utilizzatore finale, nel contenzioso che implica RiseSmart e Apple, RiseSmart, e non Apple sarà da considerarsi come responsabile per l’indagine, la difesa, la risoluzione e l’appuramento di tale rivendicazione di violazione della proprietà intellettuale.
L’utente dichiara e garantisce che non si risiede in Paesi soggetti a embargo da parte del Governo degli Stati Uniti, o designati dal Governo degli Stati Uniti come un Paese che “sostiene il terrorismo”; e (iii) che non fa parte di nessuna lista dei soggetti sottomessi a restrizioni o divieti del Governo statunitense.
Per qualsiasi domanda, lamentela o reclamo in merito al Software compatibile con Apple, invitiamo i nostri Utenti a rivolgersi a RiseSmart al seguente indirizzo:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart e l’Utente riconoscono e accettano che Apple e delle società affiliate di Apple sono terze parti beneficiarie di questi TOS per quanto concerne il Software compatibile con Apple, e che, in virtù dell’accettazione dei termini e condizioni contenuti nel presente TOS, Apple è in diritto (e verrà considerato che ha accettato tale diritto) di sottomettere l’Utente all’applicazione dei seguenti TOS per quanto concerne il Software compatibile con Apple in quanto terza parte beneficiaria degli stessi.
- Per maggiori informazioni, consultare: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Link verso altri siti.
Il Servizio potrebbe contenere link verso siti internet di proprietà di terze parti. Tali link sono forniti all’Utente esclusivamente per motivi di praticità, e non costituiscono adesione di RiseSmart ai contenuti di tali siti internet appartenenti a terze parti. RiseSmart non è responsabile per i contenuti dei siti correlati appartenenti a terze parti e non prende posizione in merito ai contenuti o all’esattezza dei materiali contenuti in tali siti appartenenti a terze parti. Qualora l’Utente desideri accedere ai siti correlati appartenenti a terze parti, lo fa a suo rischio e pericolo.
15. Dispositivi mobili.
Se l’Utente utilizza il Servizio a partire da dispositivi mobili, egli è tenuto ad accettare che le informazioni riguardanti l’utilizzo che fa del Servizio tramite dispositivo e supporto mobile vengano comunicate a RiseSmart, tra cui e a titolo non esaustivo il supporto mobile, il dispositivo mobile o la posizione fisica dell’Utente. Inoltre, l’utilizzo del Servizio via dispositivo mobile potrebbe comportare la visualizzazione dei dati nel o tramite il dispositivo mobile dell’Utente. Accendendo al Servizio tramite dispositivo mobile, l’Utente è cosciente che, nella misura in cui importa informazioni di RiseSmart che lo concernono sul proprio dispositivo mobile, è libero di condividere tali informazioni con il proprio supporto mobile e con altri fornitori di accesso. Qualora l’Utente sostituisca o disattivi il proprio dispositivo o account mobile, egli è tenuto ad accertarsi che il proprio account (e tutti i messaggi ad esso correlati (ove applicabile)), non siano accessibili per altre parti (o trasmessi ad altre parti) e il mancato rispetto di questa raccomandazione è sua esclusiva responsabilità. L’Utente riconosce di essere responsabile per eventuali spese e permessi necessari relativi all’accesso al Servizio tramite il proprio dispositivo mobile e fornitore di accesso. Pertanto, invitiamo i gentili Utenti a contattare il proprio fornitore per venire a conoscenza dei termini specifici relativi a questi servizi per i loro dispositivi mobili. Utilizzando qualsiasi applicazione disponibile per il download utile ad abilitare l’utilizzo del Servizio, l’Utente conferma implicitamente l’accettazione dei termini dell’End User Agreement (Accordo relativo alla licenza con l’utente finale) associato all’applicazione ottenuta al momento del download o dell’installazione, o di qualsiasi eventuale aggiornamento puntuale.
Entrata in vigore in data 18 gennaio 2019
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Privacy Policy - PT_70
Effective March 15th 2021
DownloadTable of Contents
POLÍTICA DE PRIVACIDADE DA RISESMART
A RiseSmart, Inc. e a suas afiliadas (designada coletivamente de “RiseSmart”) fornece o seu Serviço (conforme definido infra) ao Utilizador através de sites controlados pela RiseSmart (incluindo, sem restrições, o site situado em http://www.RiseSmart.com) (coletivamente, o “Site”), sujeito aos presentes Termos de Serviço (localizados em http://www.RiseSmart.com/terms-conditions) (os “TDS”) e a presente Política de Privacidade. O “Serviço” incluindo
- o Site,
- os serviços de recolocação e gestão de carreira da RiseSmart, e outros serviços relacionados (incluindo serviços de gestão de arquivos e analítica), e tecnologias relacionadas, e
- todo o software (incluindo o Software, conforme definido infra), materiais, portais, recomendações, anúncios de emprego, dados, relatórios, texto, imagens, sons, vídeo, analítica e outros conteúdos disponibilizados através de qualquer um dos meios referidos supra (designados coletivamente de “Conteúdos”).
A RiseSmart é o controlador de dados para todas as informações recolhidas e processadas através do serviço. Qualquer novas funcionalidades adicionadas a ou que aumentem o serviço estão igualmente sujeitos aos presentes TOS e a presente Política de Privacidade. A presente Política de Privacidade estabelece a política da RiseSmart relativamente a dados que permitam a identificação pessoal (“Dados Pessoais”) e outras informações que são recolhidas, transmitidas e de outro modo usadas em relação ao serviço. Os dados anônimos, que poderão ser recolhidos durante o uso do serviço por parte do Utilizador, não estão incluidos nos “Dados Pessoais.”
Consentimento do Utilizador
Ao fornecer à RiseSmart voluntariamente Dados Pessoais ou usar o serviço de outro modo, o Utilizador aceita e consente com o fato de a RiseSmart recolher, transmitir e usar os Dados Pessoais e outras informações do Utilizador conforme resumido abaixo na presente Política de Privacidade e quaisquer outros avisos que a RiseSmart possa fornecer ao Utilizador periodicamente em relação ao serviço. O Utilizador tem o direito de revogar este consentimento e solicitar que as informações que forneceu à RiseSmart sejam eliminadas.
Dados Pessoais Recebidos do Utilizador
Se o Utilizador optar por usar o serviço, a RiseSmart poderá pedir e exigir ao Utilizador que forneça Dados Pessoais diretamente à RiseSmart. A RiseSmart poderá receber do Utilizador:
o seu nome, título do seu cargo atual ou recente, nome da empresa, números de telefone, endereço, endereço de e-mail e outras informações de identificação ou contato;
histórico de emprego do Utilizador e outras experiências, escolaridade e formação, outras qualificações, objetivos de emprego, expectativas salariais, interesses e outras informações de carreira e biográficas;
informações sobre o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira; e
informações sobre a satisfação dos clientes do Utilizador ou outro feedback sobre o desenvolvimento de carreira do Utilizador, a pesquisa de emprego do Utilizador e o Serviço.
Para além disso, quando o Utilizador interage com a RiseSmart através do Serviço, a RiseSmart poderá recolher outros Dados Pessoais e informações do Utilizador quando o Utilizador fornecer tais informações voluntariamente, tal como quando o Utilizador
contactar a RiseSmart com perguntas ou responder a um dos inquéritos da RiseSmart.
Será pedido ao Utilizador que forneça os seus Dados Pessoais através de diferentes canais em relação ao Serviço, incluindo através da ativação da sua conta para o Serviço, quer via registro online ou em papel, do seu currículo, de listas de verificação e questionários que o Utilizador preencha para a RiseSmart, sessões de formação e aconselhamento, debates, troca de e-mail e outros canais. O Serviço poderá também recolher o endereço IP (Protocolo da Internet) do Utilizador.
Para a conta web pessoal que o Utilizador poderá estabelecer no Serviço, a RiseSmart poderá pedir ao Utilizador para estabelecer um nome de usuário exclusivo, uma palavra-chave e pergunta de segurança e usar estas informações de início de sessão para entrar na sua conta. O Utilizador aceita proteger o sigilo das informações de nome de utilizador, palavra-chave e pergunta de segurança do Utilizador, e se o Utilizador não guardar esse sigilo, o Utilizador será plenamente responsável por qualquer uso, roubo, modificação, uso incorreto, divulgação ou outra perda resultantes relacionadas com os Dados Pessoais ou outras informações do Utilizador.
O Utilizador tem o direito de solicitar acesso aos dados que optou por fornecer à RiseSmart. Os pedidos de acesso podem ser enviados para user.support@risesmart.com. A RiseSmart responderá aos pedidos de acesso num prazo de 30 dias.
Dados Pessoais Recebidos de uma Empresa Cliente
O Utilizador reconhece que um empresa cliente da RiseSmart poderá interagir com a RiseSmart para dar assistência
- a colaboradores atuais e/ou antigos do cliente empresarial, que tenham cessado
ou venham a cessar as suas funções no empresa cliente, na sua procura de emprego através do Serviço (“Assistência à Recolocação”) ou
- colaboradores atuais do cliente da empresa com desenvolvimento de carreira através do Serviço (“Assistência ao Desenvolvimento de Carreira”), ((a) e (b) designados coletivamente de “Interações de Empresa Cliente”). Nas Interações de Empresa Cliente, a RiseSmart recebe da empresa cliente uma lista de pessoas elegíveis para o Serviço. Se o Utilizador for elegível, a lista da empresa cliente poderá incluir o nome do Utilizador, a designação do seu cargo atual ou recente, endereço, número de telefone, endereço de e-mail, departamento ou unidade de negócio e outros Dados Pessoais.
A RiseSmart processa os dados do Utilizador desta forma para o seu interesse legítimo em fornecer ao Utilizador um serviço disponibilizado pelo empregador, atual, ou anterior do mesmo. A RiseSmart usa os Dados Pessoais recebidos de empresas cliente apenas para contactar participantes elegíveis.
Transferências Internacionais de Dados Pessoais
Se o Utilizador ou a empresa cliente fornecerem Dados Pessoais em relação ao Serviço, o Utilizador reconhece e aceita que esses Dados Pessoais poderão ser transferidos da localização atual do Utilizador ou da empresa cliente para os escritórios e servidores da RiseSmart e dos terceiros autorizados, referidos no presente documento localizados nos Estados Unidos ou outros países.
Outras Informações e Uso de Cookies
Quando o Utilizador interage com RiseSmart através do Serviço, a RiseSmart recebe e armazena determinadas informações que não permitem uma identificação pessoal.
Tais informações, que são recolhidas passivamente através de diversas tecnologias,
não podem atualmente ser usadas para identificar o Utilizador concretamente. Para além disso, o Serviço poderá recolher outras informações que não permitem uma identificação pessoal como parte da funcionalidade do Serviço (por exemplo, o levantamento de respostas a questionários que não contêm informações que permitam uma identificação pessoal). A RiseSmart poderá armazenar essas informações ela própria ou essas informações poderão ser incluídas em bases de dados detidas e mantidas por agentes ou fornecedores de serviço da RiseSmart. O Serviço poderá usar essas informações e agregá-las com outras informações para monitorizar, por exemplo, o número total de visitantes no Site ou Serviço, o número de visitantes em cada página do Site ou Serviço e os nomes de domínio dos fornecedores de serviços, internet dos visitantes da RiseSmart. É importante notar que não estão disponíveis nem são usados Dados Pessoais neste processo, exceto quando o Utilizador ou a empresa cliente fornecer as voluntariamente, conforme definido supra.
Ao operar o Serviço, a RiseSmart poderá usar uma tecnologia chamada "cookies". Um cookie contém informações que o computador que aloja o Serviço fornece ao browser do Utilizador quando esse acessa ao Serviço. Os cookies da RiseSmart ajudam a fornecer funcionalidade adicional ao Serviço e ajudam a RiseSmart a analisar a utilização do Serviço de forma mais concisa. Por exemplo, o Serviço poderá definir um cookie no browser do Utilizador que permite ao Utilizador acessar ao Serviço sem ter que introduzir uma palavra-chave, mais do que uma vez durante a sua visita ao Serviço. Em todos os casos em que a RiseSmart usa cookies, a RiseSmart não irá recolher dados pessoais, exceto com a permissão do Utilizador.
A RiseSmart poderá ( permitir fornecedores de serviço externos) usar tais cookies ou tecnologias semelhantes para recolher informações sobre as atividades de navegação do Utilizador ao longo do tempo e em diferentes sites, ao seguir o uso por parte do Utilizador do Serviço. O nosso Serviço não responde atualmente a sinais DNT (Do Not Track - Não Controlar) e funciona conforme descrito na presente Política de Privacidade, quer um sinal DNT seja recebido ou não. Se a RiseSmart o fizer no futuro, será incluída uma descrição de como o fará, na presente
Política de Privacidade.
Partilha de Informações com Empresas Cliente
Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência à Recolocação, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e o estado atual do uso do Serviço pelo Utilizador, o volume do seu uso do Serviço, o seu progresso por etapas e o seu estado atual na procura de emprego, a satisfação dos seus clientes ou outro feedback relacionado com o Serviço, de forma individual para cada caso ou de um modo agregado. Periodicamente, a RiseSmart poderá disponibilizar ao Utilizador ferramentas para permitir que o mesmo ajuste os Dados de Progresso de Recolocação para os quais a RiseSmart tem permissão para compartilhar com a empresa cliente. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência ao Desenvolvimento de Carreira, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e indicaram o estado atual do uso do Serviço pelo Utilizador, o âmbito do seu uso do Serviço, o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira, a satisfação dos seus clientes ou outro feedback relacionados com o Serviço, de forma individual para cada caso ou de um modo agregado. Periodicamente, a RiseSmart poderá disponibilizar ao Utilizador ferramentas para permitir que o mesmo ajuste os Dados de Progresso de Desenvolvimento de Carreira para os quais a RiseSmart tem permissão para compartilhar com a empresa cliente. Se o Utilizador tiver perguntas ou questões relativamente aos Dados de Progresso de Recolocação ou Dados de Progresso de Assistência à Carreira que a RiseSmart possa compartilhar com a empresa cliente, deverá contactar user.support@risesmart.com (ver informações infra).
Outros Usos e Compartilhamento dos Dados do Utilizador
No âmbito do Serviço, a RiseSmart poderá recolher, transmitir e usar os Dados
Pessoais e outras informações do Utilizador para o fim de fornecer o Serviço ao Utilizador, incluindo sem limitação para determinar a assistência específica que o Utilizador pretende obter do Serviço e, se o Utilizador for candidato a emprego, para fornecer ao Utilizador anúncios de emprego, formação de pesquisa de emprego, assistência na redação de currículos e/ou outra assistência. A RiseSmart poderá também usar os Dados Pessoais e outras informações do Utilizador
- para identificar e autenticar o Utilizador, por exemplo, para o acesso do Utilizador à sua conta do Serviço e a sua comunicação com colaboradores da RiseSmart, ou
- internamente para escalação ou ajuste atividade do Serviço da RiseSmart para a conta do Utilizador, reportar o desempenho do Serviço internamente à administração da RiseSmart, realizar ações de formação interna e gerir de outro modo a atividade da RiseSmart.
Para além disso, se o Utilizador fornecer Dados Pessoais ou outras informações por uma determinada razão, a RiseSmart poderá usar os Dados Pessoais ou outras informações em relação à razão para a qual foram fornecidos. Por exemplo, se o Utilizador contactar RiseSmart por e-mail, a RiseSmart irá usar os Dados Pessoais que o Utilizador fornecer para responder à pergunta do Utilizador ou resolver o seu problema.
A RiseSmart poderá também usar e compartilhar os Dados Pessoais e outras informações do Utilizador recolhidas através do Serviço, da seguinte forma:
A RiseSmart poderá usar os Dados Pessoais e outras informações do Utilizador para ajudar a RiseSmart a melhorar o Conteúdo e a funcionalidade do Serviço, compreender melhor os utilizadores da RiseSmart e melhorar o Serviço.
À medida que a RiseSmart desenvolve o seu negócio, a RiseSmart poderá vender ou adquirir empresas ou recursos. No evento de uma venda de empresa, de uma fusão, reorganização, dissolução ou semelhante evento, os Dados Pessoais e outras informações poderão fazer parte dos recursos transferidos.
A RiseSmart poderá compartilhar os Dados Pessoais e outras informações do Utilizador com os afiliados da RiseSmart para fins consistentes, com a presente Política de Privacidade.
Como muitas empresas, a RiseSmart interage pontualmente com outras empresas para a realização de determinadas funções relacionadas com a sua atividade, incluindo funções analíticas. Quando a RiseSmart interage com outra empresa para a realização de uma função em seu nome, a RiseSmart poderá fornecer a essa empresa Dados Pessoais e outras informações do Utilizador até à extensão necessária ou útil para que a empresa possa realizar a sua função específica. Estes fornecedores de serviço incluem empresas que alojam os nossos servidores, fornecem as nossas ferramentas para a administração de clientes, fornecem ferramentas de comunicação e fornecem serviços para ajudar a detectar e previnir fraudes.
A RiseSmart poderá divulgar os Dados Pessoais e outras informações do Utilizador se for obrigada a tal por lei ou na crença de boa-fé de que tal ação é necessária para
- observar uma obrigação jurídico,
- proteger e defender os direitos ou a propriedade da RiseSmart,
- agir em circunstâncias urgentes para proteger a segurança pessoal de utilizadores do Serviço ou o público, ou
- proteger de responsabilidade jurídica.
Dados Pessoais Agregados
Como parte de um esforço contínuo para compreender e servir melhor os utilizadores do Serviço, a RiseSmart realiza com frequência estudos da demografia, interesses, resultados e comportamento dos seus utilizadores com base nos Dados Pessoais e outras informações fornecidos à RiseSmart. Estes estudos e outros indicadores ou análises do comportamento, resultados, ou críticas dos utilizadores poderão ser compilados e analisados de forma agregada, e a RiseSmart poderá compartilhar estes dados agregados com os seus afiliados, agentes e parceiros comerciais. Estes dados agregados não identificam o Utilizador pessoalmente. A RiseSmart poderá também divulgar estatísticas agregadas sobre os utilizadores para descrever os serviços da RiseSmart a parceiros comerciais atuais e potenciais, e a outros terceiros para outros fins legítimos.
Gestão das Informações
A RiseSmart poderá receber ou introduzir todos os Dados Pessoais ou outras informações do Utilizador em forma digital. A RiseSmart poderá combinar todos os Dados Pessoais e outras informações de ou sobre o Utilizador num único registro de base de dados proprietário, e poderá armazená-los em servidores alojados nos Estados Unidos ou em outros países. O Utilizador tem o direito de assegurar que os Dados Pessoais que RiseSmart possui sobre o Utilizador estejam corretos. Para assegurar esse direito, a RiseSmart poderá pedir e exigir que o Utilizador confira o resumo dos Dados Pessoais e outras informações do Utilizador na sua conta, e confirme ou corrija as informações.
Os colaboradores da RiseSmart poderão acessar à conta do Utilizador online,
determinar necessidades itens de ação e, se o Utilizador for candidato a emprego, publicar anúncios de emprego na conta do Utilizador a partir de qualquer localização de escritório, em viagem ou de trabalho.
A RiseSmart toma medidas razoáveis para proteger os Dados Pessoais e outras informações fornecidos através do Serviço de perda, uso incorreto e acesso não autorizado, divulgação, modificação ou destruição. Contudo, não existem transmissões pela Internet ou por e-mail que sejam totalmente seguras ou isentas de erros. Especialmente, as transmissões por e-mail ou outros meios para ou pelo Serviço poderão não ser seguras. Como tal, o Utilizador deverá ponderar atentamente quando escolher o tipo de informações que enviar à RiseSmart por e-mail ou qualquer outro meio de transmissão.
Ligações a Outros Sites
A presente Política de Privacidade aplica-se apenas ao Serviço. O Serviço poderá conter ligações a sites externos. As políticas e procedimentos aqui descritas não se aplicam aos Sites Externos. As ligações a partir do Serviço não implicam que a RiseSmart aprove ou tenha revisto os sites externos. A RiseSmart sugere contactar esses sites diretamente para informações sobre as suas políticas de privacidade.
Informações Públicas
Se o Utilizador fornecer quaisquer dados pessoais não solicitados à RiseSmart através do Serviço ou através de qualquer outro meio, por exemplo, ao publicar informações em áreas públicas do Serviço, essas informações não solicitadas consideram-se não confidenciais. A RiseSmart poderá reproduzir, usar, divulgar e distribuir tais informações não solicitadas a outros sem limitação ou atribuição. Quaisquer informações publicadas numa área pública poderão ser acedidas e guardadas por qualquer pessoa no mundo que tenha acesso ao site.
Menores
A RiseSmart não se destina a, e a RiseSmart não recolhe informações de, menores de 13 anos.
Alterações à presente Política de Privacidade
O Serviço e a atividade da RiseSmart poderão mudar periodicamente. Como tal, por vezes poderá ser necessário que a RiseSmart faça alterações à presente Política de Privacidade. A RiseSmart reserva o direito de atualizar ou modificar a presente Política de Privacidade em qualquer altura e periodicamente sem aviso prévio. O Utilizador deve conferir a presente política periodicamente, nomeadamente antes de fornecer quaisquer Dados Pessoais. A presente Política de Privacidade foi atualizada pela última vez à data indicada infra. O uso contínuo do Serviço por parte do Utilizador após quaisquer alterações ou revisões da presente Política de Privacidade indicará que o Utilizador concorda com os termos da Política de Privacidade revista.
Contactar a RiseSmart
Para assegurar que os Dados Pessoais do Utilizador sejam corretos, atuais e completos, o Utilizador deve contactar a RiseSmart conforme especificado infra. A RiseSmart tomará as medidas razoáveis para atualizar ou corrigir os Dados Pessoais na sua posse que o Utilizador tenha submetido anteriormente através do Serviço.
No caso de o Utilizador ter problemas ou perguntas relacionadas com a presente Política de Privacidade ou assuntos de privacidade relacionados, poderá contactar o responsável da RiseSmart pela privacidade através da seguinte endereço:
Privacy Office RiseSmart Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113 - EUA
E-mail: user.support@risesmart.com
Os utilizadores no Espaço Econômico Europeu (EEE) e na Suíça têm o direito de apresentar uma queixa à autoridade supervisora para a proteção de dados no seu país.
Entra em vigor em 18 de janeiro de 2019
Cookie Policy - IMEA - PT - 70
Effective March 15th 2021
DownloadTable of Contents
Cookies Rigorosamente Necessários
Estes cookies são necessários para o site funcionar e não podem ser desativados nos nossos sistemas. Geralmente, são definidos apenas em resposta a ações efetuadas pelo Utilizador que se traduzam em um pedido de serviços, tais como definir as preferências de privacidade do Utilizador, iniciar sessão ou preencher formulários.
O Utilizador pode definir que o seu browser deve bloquear ou alertar o Utilizador relativamente a estes cookies, mas algumas partes do site não funcionarão. Estes cookies não armazenam quaisquer informações que permitam uma identificação pessoal.
Cookies usados
OptanonConsent OptanonAlertBoxClosed AWSELB
JSESSIONID
cfduid
Cookies de Desempenho
Estes cookies nos permitem contar as visitas e origens do tráfego para podermos medir e melhorar o desempenho do nosso site. Nos ajudam a identificar as páginas que são mais populares e menos populares, e conhecer a forma como os visitantes se deslocam no site.
Todas as informações que estes cookies recolhem são agregadas e, como tal, anônimas. Se o Utilizador não permitir estes cookies, não saberemos quando o Utilizador visitou o nosso site, e não poderemos monitorar o desempenho do site.
Cookies usados
hs_ab_test_4028162507
_ga
_mkto_trk
hstc
hssrc hsfirstvisit
_gid
hssc
_gat
_hjIncludedInSample hs_ab_test
Categorias | Cookies |
app.listenloop.com | ll_u431_vid fk_u431_vid |
hs-analytics.net | cfduid |
hubspot.net | cfduid |
hubspot.com | cfduid |
hs-scripts.com | cfduid |
hsstatic.net | cfduid |
Cookies Funcionais
Estes cookies permitem que o site forneça maior funcionalidade e personalização. Podem ser definidos por nós ou por fornecedores externos cujos serviços tenhamos adicionado às nossas páginas.
Se o Utilizador não permitir estes cookies, alguns ou todos estes serviços poderão não funcionar corretamente.
Cookies usados
_zcookie_
leadinmigrated
leadinutk
unam has_js SnapABugRef hubspotutk
SnapABugHistory SnapABugVisit SnapABugChatWindow
Categorias | Cookies |
hsforms.net | cfduid |
io.narrative.io | io.narrative.guid.v2 |
dpmsrv.com | dpm_pxl |
ndg.io | sessionid |
v12group.com | mc |
match.adsby.bidtheatre.com | kuid |
img.webmd.com | cfduid |
dmp.truoptik.com | cflb |
cdn.viglink.com | cfduid |
visiblemeasures.com | sid uid |
pool.admedo.com | tuuid_last_update tuuid |
entitytag.co.uk | json |
truoptik.com | cfduid |
newton.newtonsoftware.com | csrf-token BNI_persistence AWSELB NSESSIONID |
api.at.getsocial.io | _smb_api_session LSW_WEB |
gs_user_id gs_pvid | |
mmsho.com | mdxuid |
lkqd.net | lkqdid |
linksynergy.com | rmuid icts |
dlx.addthis.com | na_sc_x |
nextinsure.com | uid |
rezync.com | zync-uuid |
dsp.io | IOID EXID |
live.rezync.com | sd-session-id |
p.mmsho.com | medicx_temp |
choozle.com | chzdpsync |
cs.popwal.it | pw-cid |
postrelease.com | visitor has_data |
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TERMS AND CONDITIONS - IMEA - ES - 70
Effective March 15th 2021
DownloadTable of Contents
TÉRMINOS Y CONDICIONES
1. Aceptación de las condiciones.
1.1 RiseSmart, Inc. y sus filiales (conjuntamente, “RiseSmart”) le proporcionan su Servicio (tal y como se define a continuación) a través de sitios web bajo el control de RiseSmart (incluido, sin limitación, el sitio que se encuentra en la página http://www.RiseSmart.com) (conjuntamente, el “Sitio”), de conformidad con estas Condiciones de servicio (“CDS”). Mediante la aceptación de estas CDS o al acceder a o utilizar el Servicio o el Sitio, reconoce que ha leído, comprendido y acepta cumplir estas CDS. Si no está de acuerdo con las CDS, no deberá aceptarlas ni utilizar el Servicio.
1.2 RiseSmart puede cambiar estas CDS ocasionalmente sin previo aviso. Los términos y condiciones revisados entrarán en vigor tras su publicación, por lo que si utiliza el Servicio después de esta fecha, su uso constituirá la aceptación de los términos y condiciones revisados. Si alguno de los cambios realizados en las CDS no le resulta aceptable, la única medida que podrá tomar será dejar de acceder al Servicio y utilizarlo.
2. Descripción del servicio.
El “Servicio” incluye (a) el Sitio, (b) los servicios de recolocación laboral y gestión de carreras profesionales de RiseSmart, así como otros servicios (incluidos los servicios de gestión de archivos y análisis) y tecnologías y aplicaciones relacionados (incluidos, sin limitación, aplicaciones y servicios a los que se accede a través de dispositivos móviles u otras interfaces que le permitan el acceso), y (c) todo el software (incluido el Software, tal y como se define a continuación), materiales, portales, recomendaciones, ofertas de empleo, datos, informes, textos, imágenes, sonido, vídeo, estadísticas y otros contenidos facilitados a través de alguno de los medios indicados anteriormente (conjuntamente, “Contenido”). Todas las funciones nuevas que se añadan al Servicio o sirvan para ampliarlo también estarán sujetas a estas CDS.
3. Condiciones generales/acceso y uso del Servicio.
3.1 De conformidad con los términos y condiciones de estas CDS, solamente podrá acceder al Servicio y utilizarlo con fines lícitos. Todos los derechos, la titularidad y los intereses relacionados con el Servicio y sus componentes seguirán siendo propiedad exclusiva de RiseSmart. Usted no podrá (ni permitirá a ningún tercero)
(a) copiar, reproducir, modificar, eliminar, distribuir, descargar, almacenar, transmitir, publicar, crear un trabajo derivado, utilizar técnicas de ingeniería inversa, desensamblar o intentar, directa o indirectamente, descubrir el código fuente, vender, sublicenciar, revender, alquilar, arrendar, transferir, ceder, compartir el Servicio temporalmente, explotar comercialmente el Servicio o ponerlo a disposición de un tercero;
(b) utilizar el Servicio de manera ilegal (por ejemplo, de modo que infrinja cualquier ley de control de exportaciones, privacidad o protección de datos) o de manera que interfiera o altere la integridad o el rendimiento del Servicio o sus componentes,
(c) modificar, adaptar o hackear el Servicio, o intentar acceder de manera no autorizada al Servicio o a sus sistemas o redes relacionados; o
(d) utilizar cualquier Contenido de otros sitios web o medios (por ejemplo, un entorno de red). Usted deberá cumplir con los códigos de conducta, las políticas y demás avisos que RiseSmart le proporcione o publique en relación con el Servicio, y notificará puntualmente a RiseSmart si descubre que se ha cometido una infracción de seguridad relacionada con el Servicio. Además, cuando utilice determinados servicios, estará sujeto a cualquier condición adicional aplicable a estos que se publique ocasionalmente en el Servicio, incluida, entre otras, la Política de privacidad de RiseSmart.
3.2 Cualquier software que facilite RiseSmart en relación con el Servicio (“Software”) contiene información confidencial y exclusiva protegida por las leyes de propiedad intelectual y demás leyes aplicables. De conformidad con los términos y condiciones de estas CDS, RiseSmart le concede en virtud del presente un derecho y una licencia personales, intransferibles, no sublicenciables y no exclusivos para utilizar el código objeto de cualquier Software en un solo dispositivo en lo relacionado exclusivamente con el Servicio. Usted se compromete a no acceder al Servicio a través de un medio distinto de la interfaz que RiseSmart proporciona para acceder al Servicio. Todos los derechos no concedidos de manera expresa en virtud de este documento quedan reservados y no se le concederá ninguna licencia ni derecho para utilizar ninguna marca comercial de RiseSmart o de terceros en relación con el Servicio.
3.3 Usted es el único responsable de todos los datos, información, comentarios, sugerencias, texto, contenido y demás materiales que cargue, publique, entregue, proporcione, transmita o almacene (en adelante, “transmisión”) en relación con el Servicio (“su Contenido”). En virtud del presente documento afirma y garantiza que el Contenido que transmita con respecto al Servicio
(a) es preciso, verdadero, legal, decente, honesto y completo (incluidos, sin limitación, los aspectos relacionados con su currículum, sus datos biográficos e información laboral, si está utilizando el Servicio para la búsqueda de empleo o el desarrollo de su carrera profesional) y
(b) está libre de errores, gusanos o virus. Usted acepta que es posible que RiseSmart elimine su Contenido del Servicio si considera que ha incumplido la disposición anterior o de conformidad con otras disposiciones de estas CDS. Usted es responsable de mantener la confidencialidad de sus datos de inicio de sesión, su contraseña y su cuenta en todas las actividades que se desarrollen durante su sesión o con su cuenta. RiseSmart se reserva el derecho de acceder a su cuenta para responder a sus solicitudes de asistencia técnica. Mediante la transmisión de su Contenido en el Servicio o a través de este, usted concede en virtud del presente documento a RiseSmart una licencia mundial, no exclusiva, perpetua, irrevocable, sin regalías, completamente pagada, sublicenciable y transferible para utilizar, modificar, reproducir, distribuir, mostrar, publicar y representar su Contenido en relación con el Servicio. RiseSmart tiene el derecho, pero no la obligación, de filtrar o supervisar el Servicio, el Contenido o su Contenido. Asimismo, usted acepta que RiseSmart puede eliminar o desactivar cualquier Contenido en cualquier momento y por cualquier motivo (incluida, sin limitación, la remisión de reclamaciones o alegaciones de terceros o de autoridades relacionadas con dicho Contenido) o por ningún motivo en absoluto.
3.4 Usted entiende que el funcionamiento del Servicio, incluido su Contenido, puede no ser cifrado e implicar
(a) transmisiones a través de varias redes,
(b) cambios para cumplir y adaptarse a requisitos técnicos de redes o dispositivos de conexión,
(c) transmisiones a proveedores externos y socios de hospedaje de RiseSmart para proporcionar el hardware, el software, la red, el almacenamiento y la tecnología relacionada que son necesarios para utilizar y mantener el Servicio y
(d) transmisiones a otros terceros en relación con la distribución del Servicio. Por consiguiente, reconoce que la responsabilidad de mantener la seguridad, la protección y las copias de seguridad adecuadas de su Contenido recae exclusivamente en usted. RiseSmart no tendrá ninguna responsabilidad ante usted por el uso o acceso no autorizado de su Contenido o por cualquier daño, eliminación, destrucción o pérdida de su Contenido.
3.5 Asimismo, si busca empleo u oportunidades de desarrollo profesional, acepta aplicar su propio criterio, medidas de precaución y sentido común para gestionar las ofertas de empleo y demás información que se ofrezca a través del Servicio, y asumir todos los riesgos derivados de utilizar o confiar en el Contenido (incluida cualquier oferta, recomendación u orientación profesional) proporcionado a través del Servicio.
3.6 En caso de que RiseSmart no logre ejercer ni aplicar algún derecho o disposición de estas CDS, ello no supondrá una renuncia a ese derecho. Usted reconoce que estas CDS son un contrato entre usted y RiseSmart, aunque estén en formato electrónico y no estén firmadas físicamente por usted y RiseSmart, que rigen su uso del Servicio y que tienen prioridad sobre acuerdos similares anteriores establecidos entre usted y RiseSmart.
3.7 Usted reconoce que una empresa cliente de RiseSmart puede contratar a RiseSmart para ayudar a
(a) los empleados actuales y/o anteriores de la empresa cliente que hayan cesado o vayan a cesar su relación laboral con esta en su búsqueda de empleo a través del Servicio (“Asistencia para la recolocación laboral”) o a
(b) los empleados actuales de la empresa cliente a encontrar oportunidades de desarrollo profesional a través del Servicio (“Asistencia para el desarrollo profesional”), ((a) y (b) conjuntamente, “Compromisos con la empresa cliente”). Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en la recolocación laboral, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con la búsqueda de empleo, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera individual o de manera global. Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en el desarrollo profesional, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con la búsqueda de empleo o el desarrollo profesional, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera global. Consulte la Política de privacidad de RiseSmart para obtener más información acerca de la recopilación, el uso y el intercambio por RiseSmart de la información proporcionada por usted y empresas cliente en relación con los Compromisos con la empresa cliente.
3.8 Si está utilizando el Servicio de conformidad con un Compromiso con una empresa cliente, reconoce que el Servicio proporcionado no deberá superar el ámbito, la duración u otros límites de dicho Compromiso con la empresa cliente en virtud del cual se le concede acceso al Servicio.
3.9 Usted acepta que RiseSmart
(a) puede establecer prácticas generales y límites relacionados con el uso del Servicio, incluidos, sin limitación, el período de tiempo máximo por el que el Servicio puede conservar el Contenido o cualquier parte de su Contenido y el espacio de almacenamiento máximo que se asignará en su nombre,
(b) RiseSmart no asume ninguna responsabilidad por la eliminación o la incapacidad de almacenar Contenido o cualquier parte de su Contenido que se cargue o mantenga en el Servicio y
(c) podrá conservar el Contenido y cualquier parte de su Contenido, además de revelarlos si así lo exige la ley o si cree de buena fe que dicha conservación o revelación es necesaria para:
(i) cumplir con procesos legales, leyes aplicables o solicitudes gubernamentales;
(ii) hacer cumplir estas CDS;
(iii) responder a reclamaciones conforme a las cuales el Contenido o cualquier parte de su Contenido infringen los derechos de terceros; o
(iv) proteger los derechos, la propiedad o la seguridad personal de RiseSmart, sus usuarios y el público. Asimismo, usted acepta que RiseSmart puede eliminar o deshabilitar cualquier Contenido o parte de su Contenido en cualquier momento y por cualquier motivo (incluida, sin limitación, la remisión de reclamaciones o alegaciones de terceros o de autoridades relacionadas con dicho Contenido o su Contenido) o por ningún motivo en absoluto.
4. Pago.
En la medida en que el Servicio o parte de este se proporcione a cambio de alguna tarifa (que no sea abonada por una empresa cliente de RiseSmart), se le solicitará que seleccione un plan de pago y proporcione información a RiseSmart relacionada con su tarjeta de crédito u otro instrumento de pago. Usted afirma y garantiza a RiseSmart que dicha información es verdadera y que está autorizado a utilizar dicho instrumento de pago. Usted deberá actualizar puntualmente la información de su cuenta en cuanto se produzca alguna modificación (por ejemplo, un cambio en la dirección de facturación o en la fecha de caducidad de la tarjeta de crédito). Usted acepta pagar a RiseSmart la cantidad especificada en el plan de pago conforme a los términos de dicho plan y de estas CDS. En virtud del presente documento, usted autoriza a RiseSmart a cargar todos los cobros en su instrumento de pago por adelantado y de manera periódica, de conformidad con los términos del plan de pago aplicable, hasta que se cancele su cuenta, y se compromete a abonar todos los pagos contraídos. Si desea rebatir algún pago, deberá notificárselo a RiseSmart en el plazo de sesenta (60) días a contar desde la fecha de facturación de RiseSmart. RiseSmart se reserva el derecho a cambiar sus precios en cualquier momento. Si RiseSmart desea cambiar sus precios, deberá publicar un aviso del cambio en el Sitio web o enviarle un correo electrónico, a criterio de RiseSmart, con un período de antelación de 30 días respecto a la fecha en que se produzca el cambio. Si sigue utilizando el Servicio después de que se haga efectivo el cambio de precios, significará que acepta pagar el nuevo importe. En caso de que esté utilizando el Servicio conforme a un Compromiso con una empresa cliente, a dicha empresa se le cobrará el paquete de Servicio específico que haya autorizado a RiseSmart para proporcionárselo a usted.
5. Declaraciones y garantías.
En lo relacionado con su uso, usted se compromete a no infringir ninguna normativa, regulación o estatuto local, estatal y federal de ninguna jurisdicción, incluidas, entre otras, las leyes y normativas de exportación de Estados Unidos, las leyes antidiscriminación o de igualdad de oportunidades en el acceso al empleo; a no infringir ningún derecho de propiedad intelectual y privacidad, incluidos, entre otros, patentes, derechos de autor, marcas comerciales o secretos comerciales de terceros; a no cargar, publicar, transmitir o almacenar materiales ilegales, ofensivos, difamatorios, fraudulentos, engañosos, confusos, dañinos, amenazantes, intimidatorios, obscenos u objetables; a no incumplir sus obligaciones contractuales o de confidencialidad; a no alterar o interferir en las operaciones normales del Servicio, por ejemplo, mediante la publicación o transmisión de virus, gusanos, scripts, macros o códigos dañinos de cualquier tipo, la publicación continua de materiales repetitivos o la publicación de cantidades anormalmente grandes de datos; a no realizar actividades no permitidas por RiseSmart, como la promoción no autorizada de materiales, el envío de materiales promocionales no solicitados, “correo basura”, “spam”, “cartas en cadena”, estafas piramidales, acuerdos de franquicia o distribución, suscripción a clubes, acuerdos de ventas y demás materiales inaceptables; a no infringir los derechos de privacidad o personales de los demás haciendo un uso inadecuado del Servicio, como, por ejemplo, intimidar o acosar a otra persona, enviar correos electrónicos no deseados o recopilar información personal de otros usuarios; a no traspasar o intentar traspasar las medidas de seguridad del Servicio; a no utilizar ningún dispositivo, proceso o mecanismo para supervisar, recuperar, realizar búsquedas u obtener acceso al Servicio, por ejemplo, mediante un spider o un robot, sin el consentimiento previo por escrito de RiseSmart; a no acceder o intentar acceder a una cuenta o datos de inicio de sesión de un tercero que figure en el Servicio; a no publicar o enviar información imprecisa, falsa o incompleta, como su currículum, sus datos biográficos o su información laboral; a no hacerse pasar por otra persona o entidad; a no falsificar información de encabezados de publicaciones electrónicas o correos; a no dar una imagen falsa sobre usted, su afiliación a un tercero o su entidad.
6. Cancelación.
Tiene derecho a cancelar su cuenta en cualquier momento, según a los procedimientos establecidos en el Sitio o facilitados por separado, según corresponda. Si está utilizando el Servicio conforme a un Compromiso con una empresa cliente, reconoce que su acceso a dicho Servicio caducará una vez superada la fecha de terminación o tras la cancelación de dicho compromiso. RiseSmart se reserva el derecho de
(i) modificar o suspender el Servicio (o cualquier parte de este) de manera temporal o permanente y
(ii) rechazar todos los usos actuales o futuros del Servicio, suspender o cancelar su cuenta (y cualquier parte de esta) o utilizar el Servicio y eliminar y descartar cualquier parte de su Contenido en el Servicio por el motivo que sea, como, por ejemplo, si RiseSmart cree que ha infringido estas CDSS. RiseSmart no tendrá responsabilidad alguna ante usted ni ante ningún tercero por la modificación, suspensión o interrupción del Servicio.
RiseSmart tomará todas las medidas necesarias para ponerse en contacto con usted antes de suspender o cancelar su cuenta. RiseSmart podrá eliminar permanentemente todo su Contenido del Servicio (si dispone de alguno) tras la cancelación de su cuenta a su entera discreción. Si RiseSmart cancela su cuenta sin motivo alguno y se ha registrado a cambio del pago de una tarifa de servicio si corresponde (exclusivo de un compromiso con una empresa cliente), RiseSmart reembolsará la parte prorrateada y no ofrecida en el Servicio de todas las cantidades que haya abonado previamente por este. No obstante, todos los derechos de pago devengados y las condiciones de la Sección 4-12 continuarán en vigencia tras la finalización de estas CDS.
7. EXENCIÓN DE RESPONSABILIDAD.
EL SERVICIO, EL SITIO, EL CONTENIDO (INCLUIDOS, ENTRE OTROS, LOS ANÁLISIS, LAS RECOMENDACIONES, LAS OPORTUNIDADES DE DESARROLLO PROFESIONAL Y LAS OFERTAS DE EMPLEO) Y TODOS LOS COMPONENTES DEL SERVIDOR Y DE LA RED SE PROPORCIONAN «TAL CUAL» Y «EN FUNCIÓN DE LA DISPONIBILIDAD», SIN GARANTÍA DE NINGÚN TIPO, Y RISESMART RENUNCIA DE MANERA EXPRESA A OFRECER GARANTÍA ALGUNA, EXPRESA O IMPLÍCITA, INCLUIDAS, ENTRE OTRAS, A LAS GARANTÍAS IMPLÍCITAS DE COMERCIABILIDAD, TITULARIDAD, ADECUACIÓN A UN FIN EN PARTICULAR Y NO INFRACCIÓN. USTED RECONOCE QUE RISESMART NO GARANTIZA QUE EL SERVICIO SE PROPORCIONE SIN INTERRUPCIONES, DE MANERA PUNTUAL, SEGURA, SIN ERRORES O VIRUS Y QUE NINGUNA INFORMACIÓN, ASESORAMIENTO O SERVICIO OBTENIDO POR USTED DE RISESMART O A TRAVÉS DEL SERVICIO CONSTITUIRÁ GARANTÍA ALGUNA QUE NO SE HAYA ESTABLECIDO DE MANERA EXPRESA EN ESTAS TOS. SIN PERJUICIO DE LO ESTABLECIDO ANTERIORMENTE, SI ESTÁ BUSCANDO EMPLEO O UNA OPORTUNIDAD DE DESARROLLO PROFESIONAL,
(A) RECONOCE Y ACEPTA QUE LAS OFERTAS DE TRABAJO QUE RISESMART PUEDA PUBLICAR EN SU CUENTA SE RECIBEN DE TERCEROS SIN INVESTIGACIÓN PREVIA DE NINGÚN TIPO Y
(B) RISESMART NO GARANTIZA QUE LAS OFERTAS DE TRABAJO U OTRA INFORMACIÓN SEAN PRECISAS O LEGÍTIMAS, QUE USTED VAYA A TENER ÉXITO A LA HORA DE ENCONTRAR TRABAJO O UNA OPORTUNIDAD DE DESARROLLO PROFESIONAL GRACIAS AL USO DEL SERVICIO, O QUE CUALQUIER OFERTA DE EMPLEO O DESARROLLO PROFESIONAL QUE ENCUENTRE AL UTILIZAR EL SERVICIO SE ADAPTE A SUS NECESIDADES O RESULTE ADECUADA PARA USTED.
RiseSmart no será responsable bajo ninguna circunstancia por ningún contenido o material de terceros (incluidos usuarios), incluidos errores u omisiones en cualquier contenido, ni por ninguna pérdida o daño de ningún tipo que se produzca como resultado del uso de dicho contenido. Usted reconoce que RiseSmart no filtra previamente el contenido, pero que tanto RiseSmart como sus personal designado tendrán derecho (pero no la obligación), a su entera discreción, de rechazar o eliminar el contenido disponible a través del Servicio. Usted se compromete a evaluar y asumir todos los riesgos asociados con el uso del contenido, incluida su confianza en la precisión, integridad o utilidad de dicho contenido.
8. LIMITACIÓN DE LA RESPONSABILIDAD.
8.1 RISESMART NO SERÁ RESPONSABLE BAJO NINGUNA CIRCUNSTANCIA NI FUNDAMENTO JURÍDICO (YA SEA POR CONTRATO, RESPONSABILIDAD EXTRACONTRACTUAL, ETC.) ANTE USTED O UN TERCERO POR
(A) NINGÚN DAÑO INDIRECTO, ACCIDENTAL, ESPECIAL, EJEMPLAR, CONSECUENTE O PUNITIVO, COMO LA PÉRDIDA DE BENEFICIOS, DE VENTAS O DE ACTIVIDAD EMPRESARIAL, LA PÉRDIDA DE DATOS O LA INTERRUPCIÓN DE LA ACTIVIDAD EMPRESARIAL, NI POR
(B) NINGÚN DAÑO DIRECTO, COSTE, PÉRDIDA O RESPONSABILIDAD QUE SUPERE LAS TARIFAS EFECTIVAMENTE ABONADAS POR USTED DURANTE LOS SEIS (6) MESES ANTERIORES AL QUE HAYA DADO LUGAR A SU RECLAMACIÓN O, SI NO SE APLICAN TARIFAS, CIEN (100 $) DÓLARES ESTADOUNIDENSES. EN LAS DISPOSICIONES DE ESTA SECCIÓN SE REPARTEN LOS RIESGOS DERIVADOS DE ESTAS CDS ENTRE LAS PARTES Y ESTAS HAN CONFIADO EN LAS LIMITACIONES ESTABLECIDAS A LA HORA DE DETERMINAR SI FIRMAN ESTAS CDS.
8.2 Algunos estados no permiten la exención de responsabilidad, la exclusión de garantías implícitas ni la limitación de la responsabilidad por daños accidentales o consecuentes, lo cual implica que es posible que algunas de las limitaciones anteriores de las secciones 7 (Exención de responsabilidad) y 8 (Limitación de la responsabilidad) no se apliquen a su caso. EN ESTOS ESTADOS, LA RESPONSABILIDAD DE RISESMART SE LIMITARÁ AL LÍMITE MÁXIMO PERMITIDO POR LA LEY. SI USTED ES UN USUARIO DE NUEVA JERSEY, LAS SECCIONES 7 (EXENCIÓN DE RESPONSABILIDAD) Y 8 (LIMITACIÓN DE LA RESPONSABILIDAD) SE INTERPRETARÁN EN EL ALCANCE MÁXIMO QUE PERMITA LA LEGISLACIÓN DE NUEVA JERSEY. SI ALGUNA PARTE DE ESTAS SECCIONES SE CONSIDERA NO VÁLIDA DE CONFORMIDAD CON LA LEGISLACIÓN DE NUEVA JERSEY, LA INVALIDEZ DE DICHA PARTE NO AFECTARÁ A LA VALIDEZ DE LAS DEMÁS PARTES DE LA SECCIÓN CORRESPONDIENTE.
9. Indemnización.
Usted deberá defender, indemnizar y exonerar a RiseSmart frente a toda reclamación, acción o demanda, incluidas, entre otras, las costas legales y contables razonables que se deriven del incumplimiento de estas CDS, de su Contenido, de su acceso o contribución al Servicio, o del uso o uso indebido de este. RiseSmart le enviará una notificación sobre dicha reclamación, denuncia o demanda. RiseSmart se reserva el derecho a asumir la defensa y el control exclusivos de cualquier asunto sujeto a indemnización de conformidad con esta sección. En tal caso, acepta cooperar con cualquier solicitud razonable para ayudar a RiseSmart en la defensa de dicho asunto. Sin perjuicio de lo anterior, usted no tendrá obligación alguna de indemnizar, defender ni exonerar a RiseSmart ante reclamaciones, acciones o demandas derivadas de acciones u omisiones por parte de RiseSmart.
10. Cesión.
Usted no podrá ceder estas CDS sin el consentimiento previo por escrito de RiseSmart, pero es posible que RiseSmart ceda o transfiera estas CDS total o parcialmente sin restricción alguna.
11. Legislación aplicable.
Estas CDS se regirán por las leyes del estado de California sin considerar los principios de conflictos de leyes. Salvo en los casos particulares en que RiseSmart decida lo contrario, en virtud del presente documento, usted acepta quedar sujeto de manera expresa a la jurisdicción personal exclusiva de los tribunales federales y estatales del estado de California con el fin de resolver cualquier disputa relacionada con el acceso al Servicio o su uso.
12. DMCA.
La Ley sobre Derechos de Autor en el Milenio Digital («DMCA») de 1998 ofrece a los propietarios de derechos de autor recursos legales en caso de que un material que aparece en Internet infrinja sus derechos de conformidad con la Ley estadounidense de derechos de autor. RiseSmart procesará e investigará puntualmente todos los avisos de supuestas infracciones y llevará a cabo las acciones correspondientes de conformidad con la DMCA y otras leyes de propiedad intelectual aplicables en relación con cualquier infracción supuesta o real. Las notificaciones sobre reclamaciones por infracciones de derechos de autor se deben enviar por correo electrónico al agente de derechos de autor de RiseSmart, a la dirección user.support@risesmart.com (línea de asunto: “Solicitud de retirada conforme a la DMCA”). También puede ponerse en contacto con RiseSmart mediante correo electrónico a través de la dirección:
Atención: Agente de derechos de autor
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
Aviso: Para que resulte efectiva, la notificación debe enviarse por escrito y contener la siguiente información:
- una firma física o electrónica de la persona autorizada para actuar en nombre del propietario de los derechos de autor o de otros intereses de propiedad intelectual;
- una descripción de la obra protegida mediante derechos de autor u otra propiedad intelectual respecto de las cuales reclama una infracción;
- una descripción de la ubicación del Sitio en la que se encuentra el material respecto del cual reclama una infracción, con información suficiente para que RiseSmart pueda encontrarla en el Sitio;
- su dirección, número de teléfono y dirección de correo electrónico;
- una declaración suya conforme cree de buena fe que el uso objeto de disputa no está autorizado por el propietario de los derechos de autor o de la propiedad intelectual, su agente o la legislación pertinente;
- una declaración suya, realizada bajo pena de perjurio, de que la información especificada en su aviso es precisa y que usted es el propietario de la propiedad intelectual o los derechos de autor, o que está autorizado para actuar en nombre de dicho propietario.
13.1. Aplicaciones de software compatibles con Apple.
RiseSmart ofrece aplicaciones de Software diseñadas para utilizarse con productos comercializados por Apple In. (“Apple”), entre otras plataformas. En relación con el Software facilitado para utilizarse con un producto de marca Apple (“Software compatible con Apple”), además de los demás términos y condiciones establecidos en estas CDS, se aplicarán los siguientes términos y condiciones:
- RiseSmart y usted reconocen que estas CDS se han formalizado entre ambas partes únicamente y no con Apple, y que entre RiseSmart y Apple, es RiseSmart y no Apple la única responsable del Software compatible con Apple y del contenido correspondiente.
- Usted no podrá utilizar el Software compatible con Apple de modo que infrinja o no cumpla con las normas de uso establecidas para este, o que entre en conflicto con las Condiciones de servicio de la Apple Store.
- Su licencia para utilizar el Software compatible con Apple está limitada a una licencia intransferible para utilizar dicho software en un producto iOS de su propiedad o controlado por usted, de conformidad con las normas de uso establecidas en las Condiciones de servicio de la App Store.
- Apple no tiene ninguna obligación de proporcionar servicios de mantenimiento o asistencia para el Software compatible con Apple.
- Apple no será responsable de ninguna garantía de producto, ya sea expresa o establecida por ley. En caso de que el Software compatible con Apple no cumpla con una garantía aplicable, podrá notificarle dicha circunstancia a Apple y Apple le reembolsará el precio de compra del Software compatible con Apple, si ha abonado alguno, y en el alcance máximo permitido por la ley aplicable, Apple no tendrá ninguna otra obligación de prestación de garantía con respecto al Software compatible con Apple, ni con ninguna otra reclamación, pérdida, responsabilidad, daño, coste o gasto atribuible al incumplimiento de cualquier garantía, lo cual será responsabilidad exclusiva de RiseSmart, en la medida en que no se pueda renunciar a estas conforme a la legislación aplicable.
- RiseSmart y usted reconocen que RiseSmart, y no Apple, es responsable de atender las reclamaciones que usted o un tercero presenten en relación con el Software compatible con Apple o con su posesión y/o uso de este, incluidas, entre otras, (i) reclamaciones por responsabilidades de responsabilidad civil por productos defectuosos; (ii) reclamaciones por la no conformidad del Software compatible con Apple con cualquier requisito legal o normativo aplicable; y (iii) reclamaciones derivadas de la legislación de protección al consumidor o leyes similares.
- En caso de que un tercero reclame que el Software compatible con Apple o la posesión y el uso de este por el usuario final infringe los derechos de propiedad intelectual de dicho tercero, RiseSmart será el responsable exclusivo de la investigación, la defensa, el pago y liquidación de dicha reclamación por infracción de la propiedad intelectual.
- Usted garantiza que (i) no reside en un país sujeto a un embargo por parte del Gobierno de Estados Unidos o que haya sido designado por este como un país que “apoya el terrorismo”; y (ii) que no figura en ninguna lista de entidades prohibidas o restringidas por el Gobierno de Estados Unidos.
- Si tiene alguna pregunta, queja o reclamación relacionada con el Software compatible con Apple, deberá remitirla a RiseSmart a la siguiente dirección:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San José, CA 95113
RiseSmart y usted reconocen y acuerdan que Apple y las filiales de Apple son terceras partes beneficiarias de estas CDS en lo relacionado con el Software compatible con Apple y que, tras su aceptación de los términos y condiciones de estas CDS, Apple tendrá derecho (y se considerará que ha aceptado el derecho) a hacer cumplir estas CDS ante usted con respecto al Software compatible con Apple como tercera beneficiaria de este.
- Más información: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Vínculos a otros sitios.
El Servicio puede contener vínculos a sitios web de terceros. Estos vínculos se proporcionan únicamente para comodidad del usuario y no a modo de respaldo de los contenidos de dichos sitios web de terceros por parte de RiseSmart. RiseSmart no es responsable del contenido de los sitios de terceros vinculados y no ofrece ninguna garantía relacionada con el contenido o la precisión de los materiales de dichos sitios web de terceros. Si decide acceder a sitios web de terceros vinculados mediante un enlace, lo hará bajo su cuenta y riesgo.
15. Dispositivos móviles.
Si utiliza el Servicio a través de un dispositivo móvil, acepta que se envíe a RiseSmart la información acerca de su uso del Servicio a través de su dispositivo móvil y operador, así como de su operador móvil, su dispositivo móvil o su ubicación física. Además, el uso del Servicio a través de un dispositivo móvil puede provocar que se muestren datos en y a través de su dispositivo móvil. Al acceder al Servicio mediante un dispositivo móvil, garantiza que en la medida en que importe sus datos de RiseSmart a su dispositivo móvil, está autorizado para compartir los datos transferidos con su operador móvil u otro proveedor de acceso. En caso de que cambie o desactive su dispositivo móvil/cuenta, deberá asegurarse de que su cuenta o cualquier mensaje relacionado (según corresponda) no se envíen a ningún tercero ni sean accesibles por este. De lo contrario, usted asumirá la responsabilidad. Usted reconoce que es responsable de abonar todos los cargos y de los permisos necesarios relacionados con el acceso al Servicio a través de su dispositivo móvil y su proveedor. Por lo tanto, deberá consultar a su proveedor para obtener las condiciones de estos servicios para su dispositivo móvil específico. Al utilizar aplicaciones descargables para habilitar el uso del Servicio, confirma de manera explícita su aceptación de las condiciones del Contrato de licencia de usuario final asociado con la aplicación proporcionada tras la descarga o la instalación o cuando se actualice periódicamente.
Fecha de entrada en vigor: 18 de enero de 2019
Terms & Conditions - PT - 70
Effective March 15th 2021
DownloadTable of Contents
TERMOS E CONDIÇÕES
1. Aceitação dos Termos.
1.1 A RiseSmart, Inc. e a suas afiliadas (designada coletivamente de “RiseSmart”) fornece o seu Serviço (conforme definido infra) ao Utilizador através de sites controlados pela RiseSmart (incluindo, sem restrições, o site situado em http://www.RiseSmart.com) (coletivamente, o “Site”), sujeito a os presentes Termos de Serviço (os presentes “TDS”). Ao aceitar os presentes TDS ou ao aceder ou usar o Serviço ou Site, o Utilizador reconhece que leu, compreende e aceita vincular-se aos presentes TDS. Se o Utilizador não concordar com os presentes TDS, não deverá aceitar os presentes TDS e não poderá usar o Serviço.
1.2 A RiseSmart poderá alterar os presentes TOS periodicamente sem aviso prévio. Os termos e condições revistos entrarão em vigor no momento da sua publicação e se o Utilizador usar o Serviço após essa dados, esse uso constituirá aceitação dos termos e condições revistos. Se qualquer alteração dos presentes TOS não for aceitável ao Utilizador, o seu único recurso consistirá em deixar de aceder e usar o Serviço.
2. Descrição do Serviço.
O “Serviço” incluindo (a) o Site, (b) os serviços de recolocação e gestão de carreira da RiseSmart, e outros serviços relacionados (incluindo serviços de gestão de ficheiros e analítica), e tecnologias e aplicações relacionadas (incluindo, sem restrições, aplicações e serviços acedidos através de qualquer interface de dispositivo móvel ou de outro tipo que permita ao Utilizador aceder a tais aplicações e serviços)), e (c) todo o software (incluindo o Software, conforme definido infra), materiais, portais, recomendações, anúncios de emprego, dados, relatórios, texto, imagens, sons, vídeo, analítica e outros conteúdos disponibilizados através de qualquer um dos meios referidos supra (designados coletivamente de “Conteúdos”). Quaisquer novas funcionalidades adicionadas a ou que alarguem o Serviço estão igualmente sujeitos aos presentes TOS.
3. Condições Gerais/Acesso e Uso do Serviço.
3.1 Sujeitos aos termos e condições dos presentes TOS, o Utilizador apenas poderá aceder a e usar o Serviço para fins legítimos. Todos os direitos, pretensões e títulos em relação ao Serviço e os seus componentes serão da e pertencerão exclusivamente à RiseSmart. O Utilizador não deverá (e não deverá permitir que quaisquer terceiros venham a)
(a) copiar, reproduzir, modificar, eliminar, distribuir, transferir, armazenar, transmitir, publicar, criar uma obra derivada, efetuar engenharia inversa, efetuar assemblagem inversa do Serviço ou tentar, de qualquer outra forma, direta ou indiretamente, descobrir qualquer código-fonte de, vender, sublicenciar, revender, alugar, dar em leasing, transferir, atribuir ou dar o Serviço em timesharing, ou explorar o mesmo de outro modo para fins comerciais ou disponibilizar o Serviço a qualquer terceiro;
(b) usar o Serviço de uma forma ilegítima (incluindo, sem restrições, formas que constituam infração de quaisquer leis de dados, privacidade ou controlo de exportação) ou ou de um modo que interfira com ou afete a integridade ou desempenho do Serviço ou dos seus componentes,
(c) modificar, adaptar ou "hackear" o Serviço para, ou tentar de qualquer outra forma obter acesso não autorizado ao Serviço ou os seus sistemas ou redes relacionados; ou (d) usar quaisquer Conteúdos noutros sites ou em qualquer outro suporte (por exemplo, um ambiente de rede).ou deverá obedecer a quaisquer códigos de conduta, políticas ou outros notificações que a RiseSmart forneça ao Utilizador ou publique em relação ao Serviço, e o Utilizador deverá notificar a RiseSmart prontamente se souber de uma violação de segurança relacionada com o Serviço. You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. Para além disso, quando usar determinados serviços, o Utilizador estará sujeito a quaisquer termos adicionais aplicáveis a tais serviços que poderão ser publicados no Serviço periodicamente, incluindo, sem restrições, a Política de Privacidade da RiseSmart.
3.2 Qualquer software que possa ser disponibilizado pela RiseSmart em relação ao Serviço (“Software”) contém informações proprietárias e confidenciais protegidas por leis de propriedade intelectual e outras leis aplicáveis. Sujeito aos termos e condições dos presentes TOS, a RiseSmart concede ao Utilizador pela presente a pessoal, o direito e licença não transferível, não sublicenciável e não exclusivo de usar o código de objeto de qualquer Software num único dispositivo unicamente em relação ao Serviço. O Utilizador concorda em não aceder ao Serviço de alguma forma que não seja através da interface fornecida pela RiseSmart para o uso no acesso ao Serviço. Quaisquer direitos não concedidos expressamente no presente documento encontram-se reservados e nenhuma licença ou direito de usar qualquer marca comercial da RiseSmart ou de qualquer terceiro são concedidos ao Utilizador em relação ao Serviço.
3.3 O Utilizador é o único responsável por todos os dados, informações, feedback, sugestões, texto, conteúdos e outros materiais que o Utilizador carregar, publicar, entregar, fornecer ou transmitir ou armazenar de qualquer outro modo (doravante “transmitir/transmissão”) em relação ao ou relacionados com o Serviço (“Conteúdos do Utilizador”). O Utilizador confirma e garante pela presente que os Conteúdos do Utilizador transmitidos por ele em relação ao Serviço
(a) são e estão corretos, verdadeiros, legítimos, decentes, honestos e completos (incluindo, sem restrições, em relação ao seu currículo, dados biográficos e informações de emprego, se o Utilizador estiver a usar o Serviço como candidato a emprego ou candidato a desenvolvimento de carreira), e
(b) está isento de bugs, worms ou vírus. O Utilizador aceita que a RiseSmart possa remover Conteúdos do Utilizador do Serviço se considerar que o Utilizador esteja a violar a frase supra ou em relação a outros termos dos presentes TOS. O Utilizador é responsável por assegurar a confidencialidade dos seus dados de início de sessão, da sua palavra-passe e da sua conta e por todas as atividades que ocorram sob utilização dos seus dados de início de sessão ou da sua conta. A RiseSmart reserva o direito de aceder à conta do Utilizador para responder aos seus pedidos de apoio técnico. Ao transmitir Conteúdos do Utilizador no, ou através do, Serviço, o Utilizador concede pela presente à RiseSmart uma licença mundial, não exclusiva, perpétua, irrevogável, isenta de royalties, integralmente paga, sublicenciável e transferível para usar, modificar, reproduzir, distribuir, apresentar, publicar e efetuar Conteúdos do Utilizador em relação ao Serviço. RiseSmart tem o direito, mas não a obrigação, de escrutinar ou monitorizar o Serviço, Conteúdos ou os Conteúdos do Utilizador. O Utilizador aceita também que a RiseSmart possa remover ou desativar quaisquer Conteúdos em qualquer momento por qualquer motivo (incluindo, mas não limitado a, aquando da receção de alegações de terceiros ou autoridades relacionadas com esses Conteúdos), ou por nenhum motivo específico.
3.4 O Utilizador compreende que o funcionamento do Serviço, incluindo dos Conteúdos do Utilizador, poderá não ter encriptação e envolver
(a) transmissões através de diferentes redes,
(b) alterações para satisfazer e adaptar-se aos requisitos técnicos das redes ou dispositivos que lhe acedam,
(c) transmissão para fornecedores e parceiros de alojamento da RiseSmart para fornecer as tecnologias de hardware, software, rede, armazenamento e relacionadas necessárias para operar e conservar o Serviço, e
(d) transmissão para outros terceiros em relação ao fornecimento do Serviço ao Utilizador. Como tal, o Utilizador reconhece que é o único responsável pela segurança, proteção e cópias de segurança adequadas dos Conteúdos do Utilizador. A RiseSmart não assume responsabilidade perante o Utilizador por qualquer acesso ou uso de não autorizados de quaisquer Conteúdos do Utilizador, ou qualquer danificação, eliminação, destruição ou perda de quaisquer Conteúdos do Utilizador.
3.5 Se o Utilizador for candidato a emprego ou candidato a desenvolvimento de carreira, aceita também usar o seu próprio discernimento, prudência e bom senso ao gerir as oportunidades de emprego e outras informações oferecidas ou obtidas através do Serviço, aceitando adicionalmente que assume todo o risco de qualquer confiança em ou uso de quaisquer Conteúdos (incluindo quaisquer anúncios de emprego ou aconselhamento ou recomendações de emprego) fornecidos através do Serviço.
3.6 A eventualidade de a RiseSmart não exercer ou aplicar qualquer direito ou fornecimento dos presentes TOS não constituirá renúncia desse direito. O Utilizador reconhece que os presentes TOS constituem um contrato entre o Utilizador e a RiseSmart, mesmo que estejam em formato eletrónico e não possuam assinatura física do Utilizador e da RiseSmart, e que os mesmos determinam esse uso do Serviço, substituindo quaisquer semelhantes acordos anteriores entre o Utilizador e a RiseSmart.
3.7 O Utilizador reconhece que um empresa cliente da RiseSmart poderá interagir com a RiseSmart para dar assistência
(a) a colaboradores atuais e/ou antigos do cliente empresarial, que tenham cessado ou venham a cessar as suas funções no empresa cliente, na sua procura de emprego através do Serviço (“Assistência à Recolocação”) ou
(b) colaboradores atuais do cliente da empresa com desenvolvimento de carreira através do Serviço (“Assistência ao Desenvolvimento de Carreira”), ((a) e (b) designados coletivamente de “Interações de Empresa Cliente”). Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência à Recolocação, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e o estado atual do uso do Serviço pelo Utilizador, o volume do seu uso do Serviço, o seu progresso por etapas e o seu estado atual na procura de emprego, a satisfação dos seus clientes ou outro feedback relacionado com o Serviço, de forma individual para cada caso ou de um modo agregado. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente para fins de Assistência ao Desenvolvimento de Carreira, a RiseSmart poderá disponibilizar ao cliente relatórios de progresso empresarial e outras informações que identificam o Utilizador e indicar o estado atual do uso do Serviço pelo Utilizador, o âmbito do seu uso do Serviço, o seu progresso por etapas e estado atual na procura de emprego ou desenvolvimento de carreira, a satisfação dos seus clientes ou outro feedback relacionados com o Serviço, de forma individual para cada caso ou de um modo agregado. Consulte a Política de Privacidade da RiseSmart para mais informações sobre a forma como RiseSmart recolhe, usa e partilha as informações fornecidas pelo Utilizador e empresas clientes em relação às Interações de Empresa Cliente.
3.8 Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente, o Utilizador reconhece que o Serviço que lhe é disponibilizado não irá em nenhum caso exceder o âmbito, a duração ou outros limites da Interação de Empresa Cliente em cujo âmbito é concedido ao o Utilizador acesso ao Serviço.
3.9 O Utilizador aceita que a RiseSmart
(a) pode estabelecer práticas e limites gerais relativamente ao uso do Serviço, incluindo sem restrições o período máximo durante o qual Conteúdos ou quaisquer Conteúdos do Utilizador serão retidos pelo Serviço e o espaço de armazenamento máximo que será atribuído em nome do Utilizador,
(b) a RiseSmart não assume qualquer responsabilidade pela eliminação ou pelo fato de não serem armazenados quaisquer Conteúdos ou quaisquer Conteúdos do Utilizador mantidos pelo Serviço ou carregados no mesmo, e
(c) pode conservar Conteúdos e quaisquer Conteúdos do Utilizador, podendo também divulgar Conteúdos e Conteúdos do Utilizador caso a lei obrigue a tal ou na crença de boa-fé de que tal conservação ou divulgação seja razoavelmente necessária para:
(i) cumprir um processo jurídico, leis aplicáveis ou solicitações governamentais;
(ii) aplicar os presentes TOS;
(iii) responder a alegações de que quaisquer Conteúdos ou quaisquer Conteúdos do Utilizador estejam a violar os direitos de terceiros; ou
(iv) proteger os direitos, propriedade ou segurança pessoal da RiseSmart, dos seus utilizadores e do público.O Utilizador aceita também que a RiseSmart pode remover ou desativar quaisquer Conteúdos ou quaisquer Conteúdos do Utilizador em qualquer momento por qualquer motivo (incluindo, mas não limitado a, aquando da receção de alegações de terceiros ou autoridades relacionados com tais Conteúdos ou Conteúdos do Utilizador), ou por nenhum motivo específico. O Utilizador aceita também que a RiseSmart possa remover ou desativar quaisquer Conteúdos em qualquer momento por qualquer motivo (incluindo, mas não limitado a, aquando da receção de alegações de terceiros ou autoridades relacionadas com esses Conteúdos), ou por nenhum motivo específico.
4. Pagamento.
Na medida em que o Serviço ou qualquer parte do mesmo seja disponibilizado contra qualquer taxa (e que não seja pago de outro modo por uma empresa cliente da RiseSmart), o Utilizador terá de selecionar um plano de pagamento e fornecer à RiseSmart informações sobre o seu cartão de crédito ou outro meio de pagamento. O Utilizador declara e garante à RiseSmart que tais informações são verdadeiras e que o Utilizador está autorizado a usar o meio de pagamento. O Utilizador atualizará prontamente as informações da sua conta com quaisquer alterações (por exemplo, alteração da morada para faturação ou da data de validade do cartão de crédito) que possa ocorrer. O Utilizador aceita pagar à RiseSmart o valor especificado no plano de pagamento de acordo com os termos desse plano e os presentes TOS. O Utilizador autoriza a RiseSmart pela presente a debitar o valor especificado no meio de pagamento do Utilizador de forma antecipada e periódica de acordo com os termos do plano de pagamento aplicável até o Utilizador terminar a sua conta, e o Utilizador aceita também pagar quaisquer taxas que tenham sido incorridos. Se o Utilizador contestar quaisquer taxas, deverá informar a RiseSmart num prazo de sessenta (60) dias a contar da data em que a RiseSmart faturar o valor ao Utilizador. A RiseSmart reserva o direito de alterar os preços da RiseSmart em qualquer momento. Se a RiseSmart alterar os seus preços, a RiseSmart indicará a alteração no Site ou num e-mail ao Utilizador, à discreção da RiseSmart, com uma antecedência mínima de 30 dias antes de a alteração entrar em vigor. O uso continuado do Serviço pelo Utilizador após a alteração do preço entrar em vigor constitui a aceitação do utilizador de pagar o valor alterado. No caso de o Utilizador usar o Serviço no âmbito de uma Interação de Empresa Cliente, será cobrado à empresa cliente o valor do pacote de Serviço específico que a empresa cliente autorizado a RiseSmart a fornecer ao Utilizador.
5. Promessas e Garantias.
Em relação ao esse uso, o Utilizador aceita NÃO: infringir qualquer regulamentos locais, estatais e federais, regulamentos e decretos de qualquer sistema jurídico, incluindo, mas não limitado a, leis e regulamentos de exportação dos Estados Unidos, leis contra a discriminação ou a desigualdade de oportunidades no emprego; infringir quaisquer direitos de propriedade intelectual e privacidade, incluindo, mas não limitado a, patentes, direitos de autor, marcas comerciais ou segredos comerciais de qualquer terceiro; carregar, publicar, transmitir ou armazenar quaisquer materiais que sejam ilícitos, ofensivos, difamatórios, fraudulentos, enganadores, perniciosos, ameaçadores, assediantes, obscenos ou repreensíveis; violem quaisquer obrigações contratuais ou de confidencialidade do Utilizador; afetem ou interfiram com o funcionamento normal do Serviço, tais como a publicação ou transmissão de vírus, worms, scripts, macros ou código malicioso de qualquer tipo, a publicação contínua de materiais repetitiva, ou publicação de quantidades anormalmente grandes de dados; ou que não sejam permitidos pela RiseSmart, incluindo, mas não limitado a, quaisquer materiais publicitários não autorizados, materiais publicitários não solicitados, correio “junk”, “spam”, cartas em cadeia, esquemas em pirâmide, franchisings, sociedades distribuidoras, associações a clubes, acordos de vendas ou materiais de outro modo inaceitáveis; infringir os direitos de privacidade ou direitos pessoais de outros através do abuso do Serviço, incluindo, mas não limitado ao assédio ou fazer “stalking” a outra pessoa, o envio de e-mails não solicitados, e a recolha de informações pessoais de outras pessoas; violar ou a tentativa de violar quaisquer medidas de segurança do Serviço; usar qualquer dispositivo, processo ou mecanismo para monitorizar, obter, pesquisar ou obter acesso a, por exemplo, por "spider" ou "bot", o Serviço sem consentimento prévio por escrito da RiseSmart; aceder ou tentar aceder a qualquer conta ou dados de início de sessão de qualquer terceiro listado no Serviço; ou publicar ou submeter quaisquer informações incorretas, falsas ou incompletas, tais como o currículo, os dados biográficos ou informações de emprego do Utilizador; fazer-se passar por qualquer pessoa ou entidade; falsificar quaisquer informações de cabeçalho em qualquer publicação eletrónica ou correio eletrónico; ou deturpar a sua identidade, a sua afiliação com qualquer terceiro ou a sua entidade.
6. Rescisão.
O Utilizador tem o direito de rescindir a sua conta em qualquer momento de acordo com os procedimentos definidos no Site ou fornecidos ao Utilizador separadamente, quando aplicáveis. Se o Utilizador estiver a usar o Serviço no âmbito de uma Interação de Empresa Cliente, o Utilizador reconhece que o seu acesso a esse Serviço terminará aquando do término ou da rescisão da Interação de Empresa Cliente. A RiseSmart reserva o direito de
(i) modificar ou descontinuar, de forma temporária ou definitiva, o Serviço (ou qualquer parte do mesmo) e
(ii) rejeitar qualquer e todo o uso atual e futuro do Serviço, suspender ou rescindir a conta do Utilizador (qualquer parte do mesmo) ou o uso do Serviço e remover e eliminar quaisquer Conteúdos do Utilizador do Serviço, por qualquer motivo, incluindo se a RiseSmart julgar que o Utilizador violou os presentes TOS. A RiseSmart não se responsabiliza perante o Utilizador nem qualquer terceiro por qualquer modificação, suspensão ou descontinuação do Serviço. A RiseSmart envidará esforços de boa-fé para contactar o Utilizador para avisá-lo antes da suspensão ou rescisão da sua conta por parte da RiseSmart. Todos os Conteúdos do Utilizador no Serviço (se houver) poderão ser eliminados definitivamente pela RiseSmart aquando da rescisão da conta do Utilizador à sua discrição. Se a RiseSmart terminar a conta do Utilizador sem causa e o Utilizador se tiver inscrito para um serviço que implique o pagamento de uma taxa, caso aplicável (excluindo uma Interação de Empresa Cliente), a RiseSmart restituirá a parte proporcional, não utilizada de qualquer montante que o Utilizador tenha pago previamente à RiseSmart por tal Serviço. Contudo, todos os direitos a pagamento acumulados e os termos da secção 4-12 perdurarão para além da rescisão dos presentes TOS.
7. LIMITAÇÕES DE RESPONSABILIDADE.
O SERVIÇO, INCLUINDO O SITE, OS CONTEÚDOS (INCLUINDO, SEM LIMITAÇÃO, ANÚNCIOS DE EMPREGO E DESENVOLVIMENTO DE CARREIRA, RECOMENDAÇÕES E ANALÍTICA) E TODOS OS COMPONENTES DE SERVIDOR E REDE SÃO FORNECIDOS “CONFORME ESTÃO” E “CONFORME DISPONÍVEIS” SEM QUAISQUER GARANTIAS DE QUALQUER TIPO, E A RISESMART RENUNCIA EXPRESSAMENTE QUAISQUER E TODAS AS GARANTIAS, SEJAM ELAS EXPRESSAS OU IMPLÍCITAS, INCLUINDO, MAS NÃO LIMITADO A, AS GARANTIAS IMPLÍCITAS DE COMERCIABILIDADE, TÍTULO, APTIDÃO PARA UMA FINALIDADE ESPECÍFICA E NÃO INFRAÇÃO. O UTILIZADOR ACEITA QUE A RISESMART NÃO GARANTE QUE O SERVIÇO SERÁ ININTERRUPTO, PONTUAL, SEGURO, ISENTO DE ERROS OU DE VÍRUS, E NENHUMA INFORMAÇÃO, ACONSELHAMENTO OU SERVIÇOS OBTIDOS PELO UTILIZADOR DA RISESMART OU ATRAVÉS DO SERVIÇO IRÃO CONSTITUIR QUALQUER GARANTIA NÃO EXPRESSAMENTE IDENTIFICADA NOS PRESENTES TOS. SEM LIMITAR THE GENERALIDADE DO EXPOSTO SUPRA, SE O UTILIZADOR FOR CANDIDATO A EMPREGO OU CANDIDATO A DESENVOLVIMENTO DE CARREIRA, (A) O UTILIZADOR ACEITA QUE OS ANÚNCIOS DE EMPREGO QUE A RISESMART POSSA PUBLICAR NUMA CONTA DO UTILIZADOR SÃO RECEBIDOS DE TERCEIROS SEM QUALQUER ANÁLISE E (B) A RISESMART NÃO GARANTE QUE QUAISQUER ANÚNCIOS DE EMPREGO OU OUTRAS INFORMAÇÕES SEJAM CORRETAS OU LEGÍTIMAS, QUE O UTILIZADOR CONSIGA OBTER EMPREGO OU DESENVOLVIMENTO DE CARREIRA AO USAR O SERVIÇO, OU QUE QUALQUER EMPREGO OU DESENVOLVIMENTO DE CARREIRA QUE O UTILIZADOR ENCONTRE AO USAR O SERVIÇO SEJA ADEQUADO ÀS NECESSIDADES DO UTILIZADOR OU APROPRIADO PARA O UTILIZADOR. Em nenhum caso, a RiseSmart responsabilizar-se-á de alguma forma por quaisquer conteúdos ou materiais de quaisquer terceiros (incluindo utilizadores), incluindo, mas não limitado a, por quaisquer erros ou omissões em quaisquer conteúdos, ou por qualquer perda ou danos de algum tipo incorridos em resultado do uso de quaisquer desses conteúdos. O Utilizador reconhece que a RiseSmart não filtra os conteúdos previamente, mas que a RiseSmart e os seus mandatários tem o direito (mas não a obrigação) à sua discrição exclusiva de rejeitar ou remover quaisquer conteúdos que estejam disponíveis através do Serviço. O Utilizador concorda que deve avaliar e assumir todos os riscos associados ao uso de quaisquer conteúdos, incluindo qualquer dependência da precisão, integralidade ou utilidade desses conteúdos.
8. LIMITAÇÃO DA RESPONSABILIDADE CIVIL
8.1 EM NENHUM CASO E NENHUM REGIME JURÍDICO (QUER SEJA POR CONTRATO, ATO ILÍCITO OU DE OUTRA FORMA) IRÁ A RISESMART RESPONSABILIZAR-SE PERANTE O UTILIZADOR OU QUALQUER TERCEIRO POR
(A) QUAISQUER INDIRETOS, ACIDENTAIS, ESPECIAIS ECONÓMICOS, EXEMPLIFICATIVOS, CONSEQUENCIAIS OU PUNITIVOS, INCLUINDO PERDA DE LUCROS, PERDA DE VENDAS OU NEGÓCIO, PERDA DE DADOS OU INTERRUPÇÃO DA ATIVIDADE COMERCIAL, OU
(B) POR QUAISQUER DANOS DIRETOS, DESPESAS, PERDAS OU RESPONSABILIDADES PARA ALÉM DAS TAXAS ATUALMENTE PAGAS PELO UTILIZADOR NOS SEIS (6) MESES ANTERIORES AO EVENTO QUE RESULTOU NA ALEGAÇÃO DO UTILIZADOR OU, NÃO HAVENDO TAXAS APLICÁVEIS, CEM (100) DÓLARES NORTE-AMERICANOS. DÓLARES. AS DISPOSIÇÕES DA PRESENTE SECÇÃO ATRIBUEM OS RISCOS INERENTES AOS PRESENTES TOS ENTRE AS PARTES, E AS PARTES BASEARAM-SE NESTAS LIMITAÇÕES PARA DETERMINAR SE VINCULAR-SE AOS PRESENTES TOS.
8.2 Alguns estados não permitem a limitação ou exclusão de garantias implícitas ou limitação de responsabilidade civil nos acidentais ou consequenciais, de forma que algumas das limitações supra nas Secções 7 (Limitações de Responsabilidade) e 8 (Limitação de Responsabilidade Civil) poderão não aplicar-se ou ser implementáveis em relação ao Utilizador. NESTES ESTADOS, A RESPONSABILIDADE DA RISESMART LIMITA-SE A À MAIOR EXTENSÃO PERMITIDA PELA LEI. SE UTILIZADOR FOR DA NOVA JÉRSIA, AS SECÇÕES 7 (LIMITAÇÕES DE RESPONSABILIDADE) E 8 (LIMITAÇÃO DE RESPONSABILIDADE CIVIL) TÊM POR OBJETIVO SEREM TO BE PENAS TÃO LATOS COMO PERMITEM AS LEIS DA NOVA JÉRSIA. SE QUALQUER PARTE DAS PRESENTES SECÇÕES FOR CONSIDERADA INVÁLIDA SEGUNDO AS LEIS DA NOVA JÉRSIA, A INVALIDADE DESSA PARTE NÃO AFETARÁ A VALIDADE DAS RESTANTES PARTES DA SECÇÃO APLICÁVEL.
9. Indemnização.
O Utilizador concorda em defender, indemnizar e proteger a RiseSmart de e contra quaisquer pretensões, ações ou exigências, incluindo sem restrições taxas legais e contabilísticas razoáveis que resultem da violação dos presentes TOS pelo Utilizador, de quaisquer Conteúdos do Utilizador, ou de outro acesso, contribuição para, uso ou abuso do Serviço por parte do pelo Utilizador. A RiseSmart notificará o Utilizador de qualquer pretensão, ação jurídica ou exigência desse género. A RiseSmart reserva o direito de assumir a defesa e o controlo exclusivos de qualquer assunto que esteja sujeito a indemnização nos termos da presente secção. Num caso destes, o Utilizador aceita colaborar em quaisquer pedidos razoáveis para assistir a RiseSmart na defesa em tal assunto. Não obstante o exposto supra, o Utilizador não terá qualquer obrigação de indemnizar, defender ou proteger a RiseSmart de ou contra quaisquer alegações, ações jurídicas ou exigências na medida que resultem de qualquer ação ou omissão de ação da RiseSmart.
10. Atribuição.
O Utilizador não pode atribuir os presentes TOS sem o consentimento prévio por escrito da RiseSmart, mas a RiseSmart pode atribuir ou transferir os presentes TOS, na íntegra ou em parte, sem restrição.
11. Direito Aplicável.
Os presentes TOS regem-se pelo direito do Estado da Califórnia independentemente dos princípios dos conflitos de direito. Exceto quando por outra opção escolhida pela RiseSmart para um caso específico, o Utilizador aceite pela presente expressamente vincular-se à jurisdição pessoal exclusiva dos tribunais federais e estatais do Estado da Califórnia para a resolução de qualquer litígio relacionado com o acesso ou uso do Serviço por parte do Utilizador.
12. DMCA.
A Digital Millennium Direitos de autor Act (a “DMCA”, Lei dos Direitos Autorais do Milénio Digital) de 1998 proporciona recursos a detentores de direitos de autor que existam materiais na Internet que infrinjam os seus direitos ao abrigo dos direitos de autor norte-americanos. A RiseSmart irá processar e investigar prontamente notificações de infração alegada e tomará medidas adequadas ao abrigo da DMCA e outras leis de propriedade intelectual aplicáveis em relação a qualquer infração alegada ou factual. Uma notificação de alegada infração de direitos de autor deve ser enviada por e-mail para o Responsável de Direitos de Autor da RiseSmart através do endereço user.support@risesmart.com (assunto: “DMCA Takedown Request”). O Utilizador poderá também contactar a RiseSmart por correio:
A/C: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
Aviso: Para vigorar, a notificação deve ser enviada por escrito e conter as seguintes informações:
- assinatura eletrónica ou física da pessoa autorizada a agir em nome do detentor dos direitos de autor ou outros interesses de propriedade intelectual;
- descrição da obra com direitos de autor ou outra propriedade intelectual que o Utilizador alega terem sido infringidos;
- descrição da localização do material que o Utilizador alega ser infrator no Site, com pormenor suficiente para a RiseSmart poder encontrá-lo no Site;
- morada, número de telefone e endereço de e-mail do Utilizador;
- declaração do Utilizador de que acredita em boa-fé que o uso contestado não foi autorizado pelo detentor dos direitos de autor ou da propriedade intelectual, pelo seu agente ou pela lei;
- declaração do Utilizador, efetuada sob pena de perjúrio, de que as informações supra no aviso do Utilizador são corretas e que o Utilizador é o detentor dos direitos de autor ou de propriedade intelectual ou está autorizado a agir em nome do detentor dos direitos de autor ou de propriedade intelectual.
13. 1. Aplicações de software compatíveis com Apple.
A RiseSmart oferece aplicações de software destinadas ao funcionamento relacionado com produtos criados para fins comerciais disponibilizados pela Apple Inc. (“Apple”), entre outas plataformas. Relativamente a Software que é disponibilizado para esse uso em relação a um produto da marca Apple (tal Software, “Software Compatível com Apple”), para além dos outros termos e condições definidos nos presentes TOS, aplicam-se os seguintes termos e condições:
- A RiseSmart e o Utilizador reconhecem que os presentes TOS se aplicam apenas entre a RiseSmart e o Utilizador, e não com a Apple, e que, entre a RiseSmart e a Apple, é a RiseSmart, e não a Apple, a única responsável pelo Software Compatível com Apple e os conteúdos do mesmo.
- O Utilizador não pode usar o Software Compatível com Apple de um modo que infrinja ou seja inconsistente com as Regras de Utilização definidas para o Software Compatível com Apple nos Termos de Serviço da App Store, nem poderá estar de outro modo em conflito com os mesmos.
- A licença do Utilizador para usar o Software Compatível com Apple limita-se a uma licença não transferível para usar o Software Compatível com Apple num Produto iOS que o Utilizador possua ou controle, conforme permitido pelas Regras de Utilização definidas nos Termos de Serviço da App Store.
- A Apple não tem qualquer obrigação de fornecer quaisquer serviços de manutenção ou suporte em relação ao Software Compatível com Apple.
- A Apple não é responsável por quaisquer garantias de produto, sejam elas expressas ou implícitas por lei. No caso de o Software Compatível com Apple não estar em conformidade com qualquer garantia aplicável, o Utilizador poderá notificar a Apple, e a Apple restituirá ao Utilizador o preço de aquisição do Software Compatível com Apple, caso exista; e, até à máxima extensão permitida pela lei aplicável, a Apple não terá qualquer outra obrigação de garantia em relação ao Software Compatível com Apple, ou quaisquer outras reivindicações, perdas, responsabilidades, danos, custos ou despesas atribuíveis a qualquer inconformidade com qualquer garantia, que será da responsabilidade exclusiva da RiseSmart, desde que não possa ser renunciada ao abrigo da lei aplicável.
- A RiseSmart e o Utilizador reconhecem que a RiseSmart, e não a Apple, é responsável por resolver quaisquer alegações do Utilizador ou de qualquer terceiro relacionadas com o Software Compatível com Apple ou a posse e/ou uso desse Software Compatível com Apple por parte do Utilizador, incluindo, mas não limitado a:
(i) reivindicações de responsabilidade de um produto;
(ii) qualquer alegação de o Software Compatível com Apple não estar em conformidade com qualquer requisito legal ou regulamentar aplicável; e
(iii) reivindicações resultantes de leis de proteção do consumidor ou semelhantes.
No caso de um terceiro alegar que o Software Compatível com Apple ou a posse e o uso desse Software Compatível com Apple por parte do utilizador final infringe os direitos de propriedade intelectual desse terceiro, entre a RiseSmart e a Apple, é a RiseSmart e não a Apple que é o único responsável pela investigação, defesa, resolução e anulação de tal alegação de infração de propriedade intelectual.
- O Utilizador declara e garante que
(i) não está localizado num país country sujeito a um embargo do Governo dos EUA ou que tenha sido designado pelo Governo dos EUA como país “apoiante do terrorismo”; e
(ii) não se encontra identificado em qualquer lista do Governo dos EUA de entidades proibidas ou restritas.
- Quais perguntas, reclamações ou reivindicações que o Utilizador tenha em relação ao Software Compatível com Apple, deverão ser enviadas para a RiseSmart da seguinte forma:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113 - EUA
A RiseSmart e o Utilizador reconhecem e aceitam que a Apple e as subsidiárias da Apple são beneficiários terceiros dos presentes TOS em relação ao Software Compatível com Apple, e que, após aceitação dos termos e condições dos presentes TOS por parte do Utilizador, a Apple terá o direito (e considerar-se-á que aceitou direito) de aplicar os presentes TOS contra o Utilizador em relação ao Software Compatível com Apple como beneficiário terceiro do mesmo.
- Veja mais em: http://www.risesmart.com/terms-condições#sthash.IZMwxrh4.dpuf
14. Ligações a Outros Sites.
O Serviço poderá conter ligações a sites externos. Estas ligações são fornecidas unicamente para conveniência do Utilizador e não como aval da RiseSmart desses conteúdos em tais sites externos. A RiseSmart não se responsabiliza pelos conteúdos de sites externos nas suas ligações e não fornece quaisquer promessas relativamente aos conteúdos ou precisão dos materiais nesses sites externos. Se o Utilizador optar por aceder a sites externos através das ligações, fá-lo-á por sua própria conta e risco.
15. Dispositivos Móveis.
Se o Utilizador usar o Serviço através de um dispositivo móvel, aceita que informações sobre o seu uso do Serviço através do seu dispositivo móvel e da sua operadora poderão ser comunicadas à RiseSmart, incluindo mas não limitado à sua operadora de rede móvel, o seu dispositivo móvel ou a sua localização física. Para além disso, o uso do Serviço através de um dispositivo móvel poderá fazer com que dados sejam apresentados no e através do dispositivo móvel do Utilizador. Ao aceder ao Serviço através de um dispositivo móvel, o Utilizador declara que, ao importar quaisquer dados seus da RiseSmart para o seu dispositivo móvel, que está autorizado a partilhar os dados transferidos com a sua operadora de rede móvel ou outro fornecedor de acesso. No caso de alterar ou desativar o seu dispositivo móvel/conta de rede móvel, o Utilizador deverá assegurar que a sua conta (e quaisquer mensagens relacionadas (conforme aplicável)), não sejam acedidas por outros (ou enviadas para outros), assumindo plena responsabilidade se não o fizer. O Utilizador reconhece que é responsável por todas as taxas e permissões necessárias relacionadas com o acesso ao Serviço através do seu dispositivo móvel e fornecedor de rede móvel. Como tal, o Utilizador deverá solicitar ao fornecedor os termos desses serviços para o seu dispositivo móvel específico. Ao usar qualquer aplicação transferível para possibilitar esse uso do Serviço, o Utilizador confirma explicitamente a sua aceitação dos termos do Contrato de Licença de Utilizador Final associado à aplicação fornecida durante a transferência ou instalação, ou conforme atualizado periodicamente.
Entra em vigor a 18 de janeiro de 2019
Privacy Policy - ES - 70 & 72
Effective March 15th 2021
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RISESMART PRIVACY POLICY
RiseSmart, Inc. and its subsidiaries (collectively, “RiseSmart”) provide their Service (as defined below) through RiseSmart control websites (including, without limitation, the site that is found on the page http://www.RiseSmart.com ) (jointly, the “Site”), in accordance with their Service Conditions (which can be found on the http://www.RiseSmart.com/terms-conditions page ) (las “ CDS ”) and this Privacy Policy. The “Servicio” includes
(a) the site,
(b) RiseSmart professional replacement and management services, as well as other services (including file management and analysis services) and related technologies, and
(c) all the software, materials, portals, recommendations, sample offers, data, reports, texts, images, sound, video, statistics and other content facilitated through a previously specified media player (collectively, the “Content” ).
RiseSmart is responsible for handling data in relation to all the information collected and processed through the Service. All new functions that are added to the Service to extend it will also be subject to the CDS and Privacy Policy. In this Privacy Policy, the RiseSmart policy is established in relation to the personal identification data (“Personal data”) and other information collected, transmitted and used in relation to the Service. Anonymous data, which can be compiled during the use of the Service, are not included among the “Personal data”.
Your consent
In order to provide RiseSmart voluntarily Datos personales allow the use of the Service, accept and authorize the collection, transmission and use by RiseSmart of their Datos personales and other information summarized the continuation of this Privacy Policy, as well as any notice that it provides. RiseSmart occasionally in relation to the Service. You have to revoke this consent and request that the information provided to RiseSmart be deleted.
Personal data received from us
If you choose to use the Service, RiseSmart can ask you to facilitate Datos personales directly to RiseSmart. RiseSmart can receive from you:
- your name, your current job title, your company name, phone numbers, your address, your email address and other methods of identification or contact information;
- your work history and other experiences, your training and training, other qualifications, goals of achievement, expectations of remuneration, interests and other biographical and professional data;
- information about your progress and status in terms of your professional development and job search, and
- information about the degree of satisfaction of their customers and other comments on their professional development, their job search and the service.
Además, cuando interactúe con RiseSmart a través del Servicio, RiseSmart podrá recopilar otros Datos personales e información sobre usted cuando proporcione dicha información de manera voluntaria, por ejemplo, cuando se ponga en contacto con RiseSmart para formular consultas o para responder a una de sus encuestas.
Se le solicitará que proporcione sus Datos personales a través de varios canales relacionados con el Servicio, por ejemplo, durante la activación de la cuenta del Servicio, ya sea mediante registro en línea o en papel, mediante su currículum, listas de comprobación, cuestionarios que complete para RiseSmart, sesiones de formación y asesoramiento, debates, intercambio de correos electrónicos y otros canales. Es posible que el Servicio obtenga también su dirección del protocolo de Internet (IP).
Respecto a la cuenta web personal que puede establecer en el Servicio, RiseSmart puede solicitarle que establezca un nombre de usuario único, una contraseña y una pregunta de recordatorio, y que utilice esta información de inicio de sesión para acceder a su cuenta. Usted acepta proteger la confidencialidad de su nombre de usuario, contraseña y pregunta de recordatorio, y en caso de que no la proteja, será totalmente responsable del uso, robo, alteración, uso indebido, revelación o demás pérdidas resultantes en relación con sus Datos personales u otra información.
Tiene derecho a solicitar acceso a los datos que decida proporcionar a RiseSmart. Las solicitudes de acceso pueden efectuarse a través de la dirección de correo electrónico siguiente: user.support@risesmart.com. RiseSmart le enviará una respuesta a dichas solicitudes de acceso en un plazo de 30 días.
Datos personales recibidos de una empresa cliente
Usted reconoce que una empresa cliente de RiseSmart puede contratar a RiseSmart para ayudar a
(a) los empleados actuales y/o anteriores de la empresa cliente que hayan cesado o vayan a cesar su relación laboral con esta en su búsqueda de empleo a través del Servicio (“Asistencia para la recolocación laboral”) o a
(b) los empleados actuales de la empresa cliente a encontrar oportunidades de desarrollo profesional a través del Servicio (“Asistencia para el desarrollo profesional”), ((a) y (b) conjuntamente, “Compromisos con la empresa cliente”). Respecto a los Compromisos con la empresa cliente, RiseSmart recibirá de dicha empresa una lista de personas aptas para el Servicio. Si usted es una persona apta, es posible que la lista de la empresa cliente incluya su nombre, cargo actual o reciente, domicilio, número de teléfono, dirección de correo electrónico, departamento o unidad de negocio y otros Datos personales.
RiseSmart tratará su información de esta manera para sus intereses legítimos con el fin de proporcionarle un servicio facilitado por su empresa actual o anterior. RiseSmart solamente utiliza Datos personales recibidos de empresas cliente para ponerse en contacto con participantes aptos.
Transferencias internacionales de datos personales
En caso de que usted o la empresa cliente proporcionen Datos personales relacionados con el Servicio, reconoce y acepta que es posible que estos se transfieran desde su ubicación actual o la de la empresa cliente a las oficinas y servidores de RiseSmart y a terceros autorizados a los que se hace referencia en el presente documento y que están establecidos en Estados Unidos u otros países.
Otra información y uso de las cookies
Cuando interactúe con RiseSmart a través del Servicio, RiseSmart recibirá y almacenará determinada información que no es de identificación personal. Esta información, que se recopila de manera pasiva mediante varias tecnologías, no puede utilizarse actualmente para identificarlo de manera específica. Además, el Servicio puede recopilar otra información que no es de identificación personal como parte de la funcionalidad del mismo (por ejemplo, la recopilación de respuestas a cuestionarios que no contienen información de identificación personal). Es posible que RiseSmart almacene dicha información por sí sola o que tal información se incluya en bases de datos que mantienen y son propiedad de los agentes o proveedores de servicios de RiseSmart. El Servicio puede utilizar dicha información y agruparla con otra información para realizar un seguimiento, por ejemplo, del número total de visitantes del Sitio o al Servicio, del número de visitantes de cada página del Sitio o Servicio y de los nombres de dominio de los proveedores de servicios de Internet de los visitantes de RiseSmart. Es importante destacar que en este proceso no se facilitarán ni utilizarán Datos personales, a no ser que usted o una empresa cliente los facilite voluntariamente, tal y como se establece anteriormente.
Para el funcionamiento del Servicio, RiseSmart puede utilizar una tecnología denominada "cookies". Una cookie es información que el ordenador encargado de alojar el Servicio le facilita a su navegador al acceder a dicho Servicio. Las cookies de RiseSmart le ayudan a proporcionar una funcionalidad adicional al Servicio y ayudan a RiseSmart a analizar el uso del Servicio de una manera más precisa. Por ejemplo, el Servicio puede enviar a su navegador una cookie que le permita acceder al Servicio sin necesidad de introducir una contraseña más de una vez durante una visita al Servicio. En todos los casos en los que RiseSmart utilice cookies, no se recopilarán Datos personales sin su permiso.
Es posible que RiseSmart utilice dichas cookies o tecnologías similares para recopilar información acerca de sus actividades de navegación con el tiempo y en diferentes sitios web tras su uso del Servicio (y que permita a proveedores de servicios externos utilizarlas). Actualmente, nuestro Servicio no responde a señales de “No rastrear” (DNT, por sus siglas en inglés) y funciona del modo descrito en esta Política de privacidad, tanto si se ha recibido una señal DNT como si no. Si RiseSmart llega a responder a estas señales en el futuro, se incluirá una descripción acerca de dicho procedimiento en esta Política de privacidad.
Intercambio de información con empresas cliente
Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en la recolocación laboral, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y estado en relación con el desarrollo profesional, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera individual o de manera global (conjuntamente, “Datos de progreso en la recolocación laboral”). Es posible que RiseSmart le facilite ocasionalmente herramientas para permitirle ajustar los Datos de progreso en la recolocación laboral para los que disponga de autorización para compartir con la empresa cliente. Si va a utilizar el Servicio de acuerdo con un Compromiso con una empresa cliente para ofrecer asistencia en el desarrollo profesional, RiseSmart podrá facilitar a dicha empresa informes sobre el progreso y otra información que le identifique y que indique el estado de su uso del Servicio, el ámbito de su uso del Servicio, su progreso y su estado en relación con la búsqueda de empleo, su grado de satisfacción del cliente y otros datos relacionados con el Servicio, en cada caso de manera global (conjuntamente, los “Datos de progreso en el desarrollo profesional”). Es posible que RiseSmart le facilite ocasionalmente herramientas para permitirle ajustar los Datos de progreso en el desarrollo profesional para los que disponga de autorización para compartir con la empresa cliente. Si tiene alguna pregunta o duda acerca de los Datos de progreso en la recolocación laboral o de los Datos de progreso en la asistencia para el desarrollo profesional que RiseSmart puede compartir con la empresa cliente, póngase en contacto con user.support@risesmart.com (consulte la información a continuación).
Otros usos y uso compartido de su información
Dentro del ámbito del Servicio, RiseSmart podrá recopilar, transmitir y utilizar sus datos personales y otra información para proporcionarle el Servicio, así como para determinar qué asistencia en particular desea obtener del Servicio y, si está buscando empleo, para enviarle ofertas de trabajo, formación para la búsqueda de trabajo, asistencia en la redacción del currículum y otro tipo de ayuda. RiseSmart también podrá utilizar sus Datos personales y otra información
(a) para identificarle y autenticarle, por ejemplo, para acceder a su cuenta del Servicio y para comunicarse con el personal de RiseSmart,
(b) internamente para escalar o ajustar la actividad del Servicio de RiseSmart para su cuenta, elaborar informes sobre el rendimiento del Servicio internamente para la Dirección de RiseSmart, impartir cursos de formación interna y gestionar la actividad comercial de RiseSmart.
Además, si proporciona Datos personales u otra información por un motivo determinado, RiseSmart podrá utilizarlos para fines relacionados con el motivo por el que se han proporcionado. Por ejemplo, si se pone en contacto con RiseSmart mediante correo electrónico, RiseSmart podrá utilizar los Datos personales que proporcione para responder a su pregunta o resolver su problema.
RiseSmart también podrá utilizar y compartir sus Datos personales y otra información recopiladas a través del Servicio del modo indicado a continuación:
- RiseSmart podrá utilizar sus Datos personales y otra información para ayudar a mejorar el Contenido y la funcionalidad del Servicio, comprender mejor a los usuarios y mejorar el Servicio.
- A medida que RiseSmart vaya avanzando en su actividad empresarial, es posible que venda o compre empresas o activos. En caso de que se produzca una venta, fusión, reorganización o disolución corporativas o un evento similar, es posible que los Datos personales y otra información formen parte de los activos transferidos.
- RiseSmart podrá compartir sus Datos personales y otra información con sus filiales para fines conformes a esta Política de privacidad.
- En ocasiones, RiseSmart, al igual que muchas otras empresas, se asocia con otras para ofrecer determinadas funciones relacionadas con la empresa, incluidos los análisis. En caso de que RiseSmart se asocie con otra empresa para ofrecer una función en su nombre, podrá proporcionar sus Datos personales y otra información relacionada con usted en la medida necesaria o mínimamente útil para ofrecer su función específica. Entre estos proveedores de servicios se incluyen las empresas que alojan nuestros servidores, que proporcionan nuestras herramientas de administración de clientes, que proporcionan herramientas de comunicación y que proporcionan servicios para ayudar a detectar y prevenir el fraude.
- RiseSmart podrá revelar sus Datos personales y otra información si así lo exige la ley o siempre que considere de buena fe que dicha acción resulta necesaria para
(i) cumplir con una obligación legal,
(ii) proteger y defender los derechos o la propiedad de RiseSmart,
(iii) actuar en circunstancias urgentes para proteger la seguridad personal de los usuarios del Servicio o del público, o bien
(iv) ofrecer protección ante responsabilidades legales.
Datos personales globales
En un esfuerzo continuo por comprender mejor y servir a los usuarios del Servicio, RiseSmart a menudo lleva a cabo investigaciones sobre las estadísticas demográficas de sus usuarios, sus intereses, sus resultados y sus comportamientos en función de los Datos personales y demás información que se proporcionan a RiseSmart. Es posible que esta investigación y otras estadísticas o métricas relacionadas con el comportamiento de los usuarios, sus resultados o sus críticas se recopilen y analicen de manera global, y que RiseSmart comparta estos datos globales con sus filiales, agentes y socios comerciales. Esta información global no le identificará de manera personal. RiseSmart también puede revelar estadísticas de usuario globales para describir los servicios de RiseSmart a socios comerciales actuales y potenciales, así como a terceros, para otros fines lícitos.
Gestión de la información
RiseSmart puede recibir o introducir todos sus Datos personales u otra información en formato digital. RiseSmart puede combinar todos los Datos personales y otra información relacionada con usted en un registro de base de datos propio y almacenarlos en servidores alojados en Estados Unidos o en otros países. Usted tiene derecho a asegurarse de que los datos personales que RiseSmart tenga sobre usted sean correctos. Con el fin de garantizar esta precisión, es posible que RiseSmart le solicite y exija que revise un resumen de sus Datos personales y otra información de su cuenta, y confirme o corrija dicha información.
El personal de RiseSmart puede acceder a su cuenta en línea, determinar las necesidades y medidas requeridas, y, si está buscando empleo, publicar ofertas en su cuenta desde cualquier oficina o lugar de viaje o de trabajo.
RiseSmart tomará las medidas necesarias para proteger los Datos personales y otra información que se proporcionen a través del Servicio frente a la pérdida, el uso indebido y la revelación, la modificación, la destrucción o el acceso no autorizados. No obstante, ninguna transmisión a través de Internet o de correo electrónico es completamente segura o libre de errores. En particular, los mensajes de correo electrónico u otras transmisiones enviadas al Servicio o desde este pueden no ser seguros. Por lo tanto, deberá tener especial cuidado a la hora de decidir qué información envía a RiseSmart a través de correo electrónico o cualquier otro método de transmisión.
Vínculos a otros sitios web
Esta Política de privacidad solamente se aplica al Servicio. El Servicio puede contener vínculos a otros sitios web no gestionados o controlados por RiseSmart (los “Sitios de terceros”). Las políticas y procedimientos descritos en este documento no se aplican a los Sitios de terceros. Los vínculos del Servicio no implican que RiseSmart apruebe o haya revisado dichos Sitios de terceros. RiseSmart sugiere ponerse en contacto con dichos sitios directamente para obtener información acerca de sus políticas de privacidad.
Información pública
Si proporciona información personal no solicitada a RiseSmart a través del Servicio o de otros medios, por ejemplo, mediante la publicación de información en áreas públicas del Servicio, dicha información no solicitada se considerará no confidencial. RiseSmart podrá reproducir, utilizar, revelar y distribuir dicha información no solicitada a otras personas sin limitación o atribución alguna. Cualquier usuario del mundo con acceso al Sitio podrá acceder a toda la información publicada en un área pública.
Niños
El servicio de RiseSmart no está destinado a menores de 13 años ni recopila información de manera intencionada sobre estos.
Cambios en esta Política de privacidad
El Servicio y la actividad comercial de RiseSmart pueden cambiar ocasionalmente. Como resultado, puede que RiseSmart deba realizar cambios en esta Política de privacidad. RiseSmart se reserva el derecho a actualizar o modificar esta Política de privacidad en cualquier momento y de manera ocasional sin previo aviso. Revise esta Política de manera periódica, especialmente antes de proporcionar Datos personales. Esta Política de privacidad se actualizó por última vez en la fecha indicada a continuación. Su uso continuado del Servicio tras los cambios o revisiones efectuados en esta Política de privacidad indican que está de acuerdo con las condiciones de la Política de privacidad revisada.
Contacto con RiseSmart
In order to guarantee the accuracy, updating and integrity of your personal data, you can contact RiseSmart in the manner specified below. RiseSmart will take all the corresponding measures to update the personal data corrections that it has previously sent through the Service.
In the event that a question is raised by the question regarding this Privacy Policy or the questions related to privacy, you should contact the RiseSmart Privacy Director in the next direction:
RiseSmart Inc. Privacy Workshop
55 Almaden Boulevard, Suite 800
San José, CA 95113
E-mail: user.support@risesmart.com
The users of the European Economic Space (EEA) and Switzerland have had to submit a complaint to the supervisory authority responsible for the protection of their country's data.
Closing date for entry into force: January 18, 2019
Cookie Policy - DE - 70 & 72
Effective March 15th 2021
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Terms & Conditions - DE - 70 & 72
Effective March 15th 2021
DownloadTable of Contents
ALLGEMEINE GESCHÄFTSBEDINGUNGEN
1. Annahme der Bedingungen.
1.1 RiseSmart, Inc. und seine Tochtergesellschaften (zusammen „RiseSmart“) erbringen ihre Services (wie unten definiert) für Sie über Websites, die der Kontrolle von RiseSmart unterliegen (darunter die Website unter der Adresse http://www.RiseSmart.com) (zusammen die „Website“), gemäß diesen Servicebedingungen. Durch Annahme dieser Servicebedingungen oder durch Aufruf oder Verwendung des Services oder der Website bestätigen Sie, dass Sie diese Servicebedingungen gelesen und verstanden haben und daran gebunden sind. Wenn Sie mit diesen Servicebedingungen nicht einverstanden sind, dürfen Sie diese Servicebedingungen nicht annehmen und können die Website nicht verwenden.
1.2 RiseSmart kann diese Servicebedingungen jederzeit ohne vorherige Ankündigung ändern. Die geänderten allgemeinen Geschäftsbedingungen treten in Kraft, sobald sie veröffentlicht werden. Wenn Sie den Service nach diesem Datum verwenden, stellt Ihre Verwendung die Annahme der geänderten Bedingungen dar. Wenn bestimmte Änderungen an diesen Servicebedingungen für Sie nicht akzeptabel sind, besteht Ihre einzige Abhilfemaßnahme darin, den Service nicht mehr aufzurufen oder zu verwenden.
2. Servicebeschreibung.
Der Begriff „Service“ umfasst
(a) die Website,
(b) die Outplacement- und Karrieremanagementservices von RiseSmart und weitere zugehörige Services (darunter Dateiverwaltungs- und Analyseservices) sowie zugehörige Technologien und Anwendungen (darunter Anwendungen und Services, die über mobile oder andere Schnittstellen aufgerufen werden, über die ein Zugriff auf solche Anwendungen und Services möglich ist) und
(c) jegliche Software (darunter die unten definierte Software), Materialien, Portale, Empfehlungen, Stellenanzeigen, Daten, Berichte, Texte, Bilder, Sounds, Videos, Analysen und sonstige Inhalte, die über eines der vorstehenden Medien zugänglich gemacht werden (zusammen „Inhalte“). Jegliche neue Funktionen, die zum Service hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls diesen Servicebedingungen.
3. Allgemeine Bedingungen/Aufruf und Nutzung des Service.
3.1 Gemäß den allgemeinen Geschäftsbedingungen dieser Servicebedingungen dürfen Sie den Service nur zu rechtmäßigen Zwecken aufrufen und nutzen. Alle Rechte, Titel und Interessen an und bezüglich des Service und seiner Komponenten verbleiben exklusiv bei RiseSmart. Es ist Ihnen untersagt (und Sie dürfen keinem Dritten gestatten),
(a) den Service zu kopieren, zu reproduzieren, zu modifizieren, zu löschen, zu verteilen, herunterzuladen, zu speichern, zu übertragen, zu veröffentlichen, davon abgeleitete Werke zu erstellen, zurückzuentwickeln, zu zerlegen oder auf sonstige Weise zu versuchen, direkt oder indirekt den Quellcode zu entschlüsseln, zu verkaufen, unterzulizenzieren, wiederzuverkaufen, zu vermieten, zu verleasen, zu übertragen, abzutreten oder zeitweise freizugeben oder auf andere Weise kommerziell zu verwerten oder für Dritte zur Verfügung zu stellen,
(b) den Service auf unrechtmäßige Weise (darunter unter Verstoß gegen Daten-, Datenschutz- oder Ausfuhrkontrollgesetze) oder in jeglicher Weise zu nutzen, die die Integrität oder Leistung des Service oder seiner Komponenten beeinträchtigt oder stört,
(c) durch Modifizierung, Anpassung oder Hacking oder auf andere Weise zu versuchen, unbefugten Zugriff auf den Service und zugehörige Systeme oder Netzwerke zu erlangen und
(d) die Inhalte auf anderen Websites oder Medien (z. B. in einer Netzwerkumgebung) zu verwenden. Sie halten jeglichen Verhaltenskodex, Richtlinien und andere von RiseSmart bereitgestellte oder in Verbindung mit dem Service veröffentlichte Hinweise ein und informieren RiseSmart umgehend, falls Sie Kenntnis von einem Sicherheitsverstoß in Bezug auf den Service erlangen. Darüber hinaus unterliegen Sie bei der Nutzung bestimmter Services zusätzlichen Bedingungen für diese Services, die gelegentlich im Service veröffentlicht werden, darunter die RiseSmart-Datenschutzrichtlinie.
3.2 Jegliche Software, die von RiseSmart in Zusammenhang mit dem Service zur Verfügung gestellt wird („Software“), enthält unternehmenseigene und vertrauliche Informationen, die durch entsprechende geistige Eigentumsrechte und andere Gesetze geschützt sind. Gemäß den allgemeinen Geschäftsbedingungen in diesen Servicebedingungen gewährt RiseSmart Ihnen hiermit das persönliche, nicht übertragbare, nicht unterlizenzierbare und nicht exklusive Recht und die Lizenz, den Objektcode jeglicher Software auf einem einzigen Gerät und nur in Zusammenhang mit dem Service zu verwenden. Sie erklären sich damit einverstanden, den Service nicht über andere Schnittstellen als die von RiseSmart für den Zugriff auf den Service bereitgestellte aufzurufen. Alle Rechte, die hierin nicht ausdrücklich gewährt werden, sind vorbehalten und Ihnen werden keine Lizenzen oder Rechte zur Verwendung einer Handelsmarke von RiseSmart oder einem Drittanbieter in Verbindung mit dem Service gewährt.
3.3 Sie allein sind für Daten, Informationen, Feedback, Vorschläge, Text, Inhalte und sonstige Materialien verantwortlich, die Sie in Verbindung mit oder in Bezug auf den Service hochladen, veröffentlichen, einsenden, bereitstellen oder anderweitig übertragen oder speichern (im Folgenden als „übertragen/Übertragung“ bezeichnet) („Ihre Inhalte“). Hiermit erklären und garantieren Sie, dass Ihre Inhalte, die Sie in Hinblick auf den Service übertragen,
(a) korrekt, wahr, legal, angemessen, ehrlich und vollständig sind (darunter in Hinblick auf Lebenslauf, biografische Daten und Informationen zur Anstellung, sofern Sie den Service für die Suche nach Stellen oder beruflicher Entwicklung nutzen) und
(b) frei von Programmfehlern, Würmern und Viren sind. Sie erklären sich damit einverstanden, dass RiseSmart Ihre Inhalte aus dem Service entfernen darf, wenn Grund zu der Annahme besteht, dass Sie gegen das Vorstehende oder sonstige Bedingungen dieser Servicebedingungen verstoßen. Sie tragen die Verantwortung für den Schutz Ihrer Anmeldedaten, Ihres Kennworts und Ihres Kontos sowie für alle Aktivitäten, die mit Ihren Anmeldedaten oder Ihrem Konto vorgenommen werden. RiseSmart behält sich das Recht vor, auf Ihr Konto zuzugreifen, um technische Supportanfragen Ihrerseits zu bearbeiten. Durch die Übertragung Ihrer Inhalte im oder über den Service gewähren Sie RiseSmart hiermit eine weltweite, nicht exklusive, unbefristete, unwiderrufliche, lizenzfreie, voll bezahlte, unterlizenzierbare und übertragbare Lizenz, Ihre Inhalte in Verbindung mit dem Service zu nutzen, zu modifizieren, zu reproduzieren, zu verteilen, anzuzeigen, zu veröffentlichen und auszuführen. RiseSmart hat das Recht, jedoch nicht die Pflicht, den Service, die Inhalte oder Ihre Inhalte zu prüfen oder zu überwachen. Darüber hinaus stimmen Sie zu, dass RiseSmart jegliche Inhalte jederzeit und aus beliebigem Grund (darunter nach Erhalt von Forderungen oder Anschuldigungen von Dritten oder Behörden bezüglich solcher Inhalte) oder gänzlich ohne Grund entfernen oder deaktivieren darf.
3.4 Sie erkennen an, dass der Betrieb des Service, einschließlich Ihrer Inhalte, unverschlüsselt erfolgen und
(a) Übertragungen über verschiedene Netzwerke,
(b) Änderungen zur Konformität und Anpassung an technische Anforderungen zur Verbindung von Netzwerken oder Geräten,
(c) die Übertragung an Drittanbieter und Hostingpartner von RiseSmart zur Bereitstellung der notwendigen Hardware, Software, Networking-Funktionen, Speicherung und zugehöriger Technologie für Betrieb und Wartung des Service und (d) die Übertragung an andere Dritte in Verbindung mit der Bereitstellung des Service für Sie involvieren kann. Dementsprechend erkennen Sie an, dass Sie allein die Verantwortung für die adäquate Sicherheit, den Schutz und die Datensicherung Ihrer Inhalte tragen. RiseSmart übernimmt Ihnen gegenüber keine Haftung für den unbefugten Zugriff auf oder die Nutzung Ihrer Inhalte oder jegliche Beschädigung, Löschung, Vernichtung oder den Verlust Ihrer Inhalte.
3.5 Wenn Sie auf der Suche nach einer Stelle oder beruflichen Entwicklung sind, stimmen Sie außerdem zu, beim Umgang mit Stellenangeboten und anderen Informationen, die über den Service bereitgestellt oder abgerufen werden, Ihr eigenes Urteilsvermögen, angemessene Vorsicht und gesunden Menschenverstand walten zu lassen, und erklären sich damit einverstanden, dass Sie das alleinige Risiko für ein Vertrauen auf oder die Nutzung jeglicher Inhalte (darunter Stellenanzeigen oder Karrieretipps oder -empfehlungen), die über den Service bereitgestellt werden, tragen.
3.6 Ein Versäumnis von RiseSmart, ein Recht oder eine Bestimmung dieser Servicebedingungen auszuüben oder durchzusetzen, stellt keinen Verzicht auf dieses Recht dar. Sie erkennen an, dass diese Servicebedingungen einen Vertrag zwischen Ihnen und RiseSmart darstellen, selbst wenn sie in elektronischer Form vorliegen und nicht physisch von Ihnen und RiseSmart unterzeichnet wurden, und dass sie Ihre Nutzung des Service bestimmen und alle früheren, ähnlichen Vereinbarungen zwischen Ihnen und RiseSmart außer Kraft setzen.
3.7 Sie erkennen an, dass ein RiseSmart-Unternehmenskunde RiseSmart damit beauftragen kann,
(a) die derzeitigen und/oder ehemaligen Mitarbeiter des Unternehmenskunden, deren Beschäftigungsverhältnis mit diesem Unternehmenskunden beendet wurde oder wird, bei der Suche nach einer neuen Stelle durch den Service zu unterstützen („Outplacement-Unterstützung“), oder
(b) die derzeitigen Mitarbeiter des Unternehmenskunden bei der beruflichen Entwicklung über den Service zu unterstützen („Unterstützung bei der beruflichen Entwicklung“), (zusammen sind (a) und (b) „Aufträge des Unternehmenskunden“). Wenn Sie den Service im Rahmen eines Auftrags eines Unternehmenskunden für
Outplacement-Unterstützung nutzen, kann RiseSmart dem Unternehmenskunden Statusberichte und andere Informationen zur Verfügung stellen, die Sie möglicherweise identifizieren und Aufschluss über den Status sowie den Umfang Ihrer Nutzung des Service, Ihren Fortschritt bei der Erreichung von Etappenzielen sowie den Status Ihrer Stellensuche, Ihre Kundenzufriedenheit oder sonstiges Feedback im Zusammenhang mit dem Service geben können, jeweils einzeln oder in zusammengefasster Form. Wenn Sie den Service im Rahmen eines Auftrags eines Unternehmenskunden für Unterstützung bei der beruflichen Entwicklung nutzen, kann RiseSmart dem Unternehmenskunden Statusberichte und andere Informationen zur Verfügung stellen, die Sie möglicherweise identifizieren und Aufschluss über den Status sowie den Umfang Ihrer Nutzung des Service, Ihren Fortschritt bei der Erreichung von Etappenzielen sowie den Status Ihrer Stellensuche oder beruflichen Entwicklung, Ihre Kundenzufriedenheit oder sonstiges Feedback im Zusammenhang mit dem Service geben können, jeweils einzeln oder in zusammengefasster Form. Weitere Informationen zur Erfassung, Nutzung und Weitergabe von Informationen, die Sie und Unternehmenskunden in Verbindung mit Aufträgen von Unternehmenskunden bereitgestellt haben, durch RiseSmart, finden Sie in der RiseSmart-Datenschutzrichtlinie.
3.8 Wenn Sie den Service gemäß eines Auftrags eines Unternehmenskunden nutzen, erkennen Sie an, dass der Service, der Ihnen zur Verfügung gestellt wird, keinesfalls den Umfang, die Dauer oder sonstige Beschränkungen des Auftrags eines Unternehmenskunden, aufgrund dessen Ihnen Zugriff auf den Service gewährt wird, überschreiten wird.
3.9 Sie erklären sich damit einverstanden, dass RiseSmart
(a) allgemeine Praktiken und Beschränkungen bezüglich der Nutzung des Service auferlegen kann, darunter die maximale Dauer, für die Inhalte oder Ihre Inhalte durch den Service aufbewahrt werden, und die maximale Speicherkapazität, die Ihnen zugeteilt wird,
(b) keine Verantwortung oder Haftung für die Löschung oder fehlgeschlagene Speicherung von Inhalten oder Ihren Inhalten übernimmt, die vom Service aufbewahrt oder in den Service hochgeladen werden, und
(c) Inhalte und Ihre Inhalte aufbewahren kann und außerdem Inhalte und Ihre Inhalte offenlegen kann, sofern dies gesetzlich erforderlich ist oder im guten Glauben erfolgt, dass eine solche Aufbewahrung oder Offenlegung vernünftigerweise notwendig ist, um:
(i) rechtlichen Verfahren, geltenden Gesetzen oder Regierungsanfragen nachzukommen,
(ii) diese Servicebedingungen durchzusetzen,
(iii) auf Anschuldigungen zu reagieren, dass jegliche Inhalte oder Ihre Inhalte gegen die Rechte Dritter verstoßen, oder
(iv) die Rechte, das Eigentum oder die persönliche Sicherheit von RiseSmart, seinen Nutzern und der Öffentlichkeit zu schützen. Darüber hinaus stimmen Sie zu, dass RiseSmart jegliche Inhalte oder Ihre Inhalte jederzeit und aus beliebigem Grund (darunter nach Erhalt von Forderungen oder Anschuldigungen von Dritten oder Behörden bezüglich solcher Inhalte oder Ihrer Inhalte) oder gänzlich ohne Grund entfernen oder deaktivieren darf.
4. Zahlung.
Sofern der Service oder ein Teil davon gegen eine Gebühr bereitgestellt wird (und nicht anderweitig von einem RiseSmart-Unternehmenskunden bezahlt wird), müssen Sie einen Zahlungsplan wählen und RiseSmart Kreditkartendaten oder ein sonstiges Zahlungsmittel zur Verfügung stellen. Sie erklären und garantieren gegenüber RiseSmart, dass diese Angaben wahr und Sie dazu befugt sind, das Zahlungsmittel zu verwenden. Sie aktualisieren Ihre Kontodaten umgehend bei Änderungen (beispielsweise einer Änderung Ihrer Rechnungsadresse oder des Ablaufdatums der Kreditkarte). Sie stimmen zu, RiseSmart den im Zahlungsplan angegebenen Betrag gemäß den Bestimmungen dieses Plans und dieser Servicebedingungen zu zahlen. Hiermit autorisieren Sie RiseSmart, Ihr Zahlungsmittel gemäß den Bestimmungen des geltenden Zahlungsplans regelmäßig im Voraus zu belasten, bis Sie Ihr Konto kündigen, und Sie stimmen weiterhin zu, aufgelaufene Gebühren zu begleichen. Wenn Sie Gebühren widersprechen, müssen Sie RiseSmart dies innerhalb von sechzig (60) Tagen nach Rechnungsdatum von RiseSmart mitteilen. RiseSmart behält sich das Recht vor, die Preise von RiseSmart jederzeit zu ändern. Sollte RiseSmart seine Preise ändern, weist RiseSmart Sie im eigenen Ermessen mindestens 30 Tage vor Inkrafttreten der Änderung durch eine Mitteilung auf der Website oder per E-Mail an Sie auf diese Änderung hin. Sollten Sie Ihre Nutzung des Service fortsetzen, nachdem die Preisänderung in Kraft getreten ist, stellt dies Ihre Zustimmung zur Zahlung des neuen Betrags dar. Sollten Sie den Service gemäß einem Auftrag eines Unternehmenskunden nutzen, wird diesem Unternehmenskunden das Servicepaket in Rechnung gestellt, das RiseSmart Ihnen in dessen Auftrag bereitstellt.
5. Erklärungen und Garantieren.
Im Zusammenhang mit Ihrer Nutzung erklären Sie sich damit einverstanden, dass Sie KEINESFALLS: gegen örtliche, landes- oder bundesweit geltende Regeln, Vorschriften und Gesetze jeglicher Gerichtsbarkeit verstoßen, darunter US-amerikanische Exportgesetze und -vorschriften, Gesetze gegen Diskriminierung oder für Chancengleichheit auf dem Arbeitsmarkt; gegen geistige Eigentumsrechte und Datenschutzrechte Dritter verstoßen, darunter Patent-, Urheber- und Markenrechte sowie Handelsgeheimnisse; Inhalte hochladen, veröffentlichen, übertragen oder speichern, die illegal, beleidigend, diffamierend, betrügerisch, täuschend, irreführend, schädlich, bedrohend, belästigend, anrüchig oder anstößig sind, die gegen jegliche vertragliche oder Vertraulichkeitsverpflichtungen verstoßen, die den normalen Betrieb des Service stören oder unterbrechen, beispielsweise die Veröffentlichung oder Übertragung von Viren, Würmern, Skripten, Makros oder jeglichem Schadcode, die kontinuierliche Veröffentlichung von sich wiederholenden Inhalten oder die Veröffentlichung von ungewöhnlich großen Datenmengen, oder die nicht von RiseSmart gestattet sind, darunter unzulässige Werbematerialien, unerwünschte Werbematerialien, „Junk-Mails“, „Spam-Mails“, „Kettenbriefe“, Schneeballsysteme, Franchise, Vertrieb, Clubmitgliedschaften, Vertriebsvereinbarungen oder sonstige nicht akzeptable Materialien; gegen die Datenschutzrechte oder Persönlichkeitsrechte anderer verstoßen, indem Sie den Service missbrauchen, darunter Belästigung oder Stalking anderer Personen, Versenden unerwünschter E-Mails und Erfassen der personenbezogenen Daten anderer; Sicherheitssysteme des Service umgehen oder versuchen zu umgehen; Geräte, Vorgehensweisen oder Mechanismen einsetzen, um den Service ohne die vorherige schriftliche Zustimmung von RiseSmart zu überwachen, abzurufen, zu durchsuchen oder aufzurufen, z. B. Spider- oder Robot-Programme; auf Konten oder Anmeldeinformationen im Service genannter Dritter zugreifen oder versuchen zuzugreifen; ungenaue, falsche oder unvollständige Informationen veröffentlichen oder übermitteln, beispielsweise Lebenslauf, biografische Daten oder Informationen zur Anstellung; sich als eine andere Person oder ein Unternehmen ausgeben; Header-Informationen in elektronischen Beiträgen oder E-Mails fälschen; oder sich selbst, Ihre Verbindung zu einem Dritten oder Ihr Unternehmen falsch darstellen.
6. Kündigung.
Sie haben das Recht, Ihr Konto jederzeit gemäß der Vorgehensweise, die auf der Website dargelegt ist oder Ihnen separat zur Verfügung gestellt wurde (sofern zutreffend), zu kündigen. Wenn Sie den Service gemäß eines Auftrags eines Unternehmenskunden nutzen, erkennen Sie an, dass Ihr Zugriff auf den Service abläuft, sobald der Auftrag des Unternehmenskunden abläuft oder gekündigt wird. RiseSmart behält sich das Recht vor, den Service (oder Teile davon) vorübergehend oder dauerhaft zu modifizieren oder einzustellen und
(ii) jegliche aktuelle und künftige Nutzung des Service abzulehnen, Ihr Konto (oder Teile davon) oder Ihre Nutzung des Service auszusetzen oder zu kündigen und Ihre Inhalte im Service zu entfernen und zu verwerfen, und zwar aus beliebigem Grund, unter anderem, wenn RiseSmart der Meinung ist, dass Sie gegen diese Servicebedingungen verstoßen haben. RiseSmart übernimmt keine Haftung gegenüber Ihnen oder Dritten für Modifizierungen, Aussetzung oder Einstellung des Service. RiseSmart bemüht sich nach Treu und Glauben um eine Kontaktaufnahme mit Ihnen, um Sie vor einer solchen Aussetzung oder Kündigung Ihres Kontos durch RiseSmart zu informieren. All Ihre Inhalte im Service (sofern vorhanden) können von RiseSmart nach eigenem Ermessen bei Kündigung Ihres Kontos dauerhaft gelöscht werden. Wenn RiseSmart Ihr Konto ohne Grund kündigt und Sie sich, sofern zutreffend, für einen kostenpflichtigen
Service angemeldet haben (exklusiv bei einem Auftrag eines Unternehmenskunden), erstattet RiseSmart Ihnen den nicht fällig gewordenen Betrag, den Sie bereits im Voraus an RiseSmart gezahlt haben, anteilig. Alle entstandenen Rechte auf Zahlung und die Bedingungen in Abschnitt 4–12 haben jedoch auch nach Kündigung dieser Servicebedingungen weiterhin Gültigkeit.
7. HAFTUNGSAUSSCHLUSS.
DER SERVICE, DARUNTER DIE WEBSITE (EINSCHLIESSLICH STELLENANZEIGEN UND BERUFLICHER ENTWICKLUNGSMÖGLICHKEITEN, EMPFEHLUNGEN UND ANALYSEN) UND ALLE SERVER- UND NETZWERKKOMPONENTEN, WERDEN „WIE VORLIEGEND“ UND „WIE VERFÜGBAR“ UND OHNE JEDWEDE GARANTIEN ZUR VERFÜGUNG GESTELLT UND RISESMART SCHLIESST JEGLICHE AUSDRÜCKLICHEN ODER STILLSCHWEIGENDEN GARANTIEN AUS, DARUNTER DIE STILLSCHWEIGENDE GARANTIE DER MARKTGÄNGIGKEIT, MANGELFREIHEIT, EIGNUNG FÜR EINEN BESTIMMTEN ZWECK UND NICHTVERLETZUNG. SIE ERKENNEN AN, DASS RISESMART KEINERLEI GARANTIE GEWÄHRT, DASS DER SERVICE UNTERBRECHUNGSFREI, ZEITGERECHT, SICHER, FEHLERFREI ODER VIRENFREI LÄUFT, UND KEINE INFORMATIONEN, RATSCHLÄGE ODER SERVICES, DIE SIE VON RISESMART ODER ÜBER DEN SERVICE BEZIEHEN, STELLEN EINE GARANTIE DAR, DIE IN DIESEN SERVICEBEDINGUNGEN NICHT AUSDRÜCKLICH ANGEGEBEN IST. OHNE EINSCHRÄNKUNG DES VORSTEHENDEN GILT: WENN SIE AUF DER SUCHE NACH EINER STELLE ODER EINER BERUFLICHEN ENTWICKLUNG SIND,
(A) ERKENNEN SIE AN UND STIMMEN ZU, DASS STELLENANZEIGEN, DIE RISESMART IN IHREM KONTO VERÖFFENTLICHEN KANN, VON DRITTEN STAMMEN UND KEINERLEI PRÜFUNG UNTERZOGEN WERDEN, UND
(B) GARANTIERT RISESMART NICHT, DASS STELLENANZEIGEN ODER SONSTIGE INFORMATIONEN KORREKT ODER RECHTMÄSSIG SIND, DASS SIE ÜBER DEN SERVICE GARANTIERT EINE STELLE ODER BERUFLICHE ENTWICKLUNG ERHALTEN ODER DASS EINE STELLE ODER BERUFLICHE ENTWICKLUNG, DIE SIE DURCH DIE NUTZUNG DES SERVICE FINDEN, IHREN ANFORDERUNGEN ENTSPRICHT ODER FÜR SIE GEEIGNET IST. Unter keinen Umständen haftet RiseSmart für Inhalte oder Materialien von Dritten (einschließlich Nutzern), darunter für Fehler oder Auslassungen in Inhalten oder für Verluste oder Schäden, die als Folge der Verwendung solcher Inhalte auftreten. Sie erkennen an, dass RiseSmart Inhalte nicht zuvor prüft, dass RiseSmart und seine Beauftragten im eigenen Ermessen jedoch das Recht (aber nicht die Pflicht) haben, Inhalte, die über den Service zur Verfügung stehen, abzulehnen oder zu entfernen. Sie stimmen zu, dass Sie die Nutzung von Inhalten abwägen müssen und alle damit verbundenen Risiken tragen, darunter das Vertrauen auf Richtigkeit, Vollständigkeit oder Verwendbarkeit solcher Inhalte.
8. HAFTUNGSBESCHRÄNKUNG.
8.1 UNTER KEINEN UMSTÄNDEN UND BASIEREND AUF KEINER RECHTSTHEORIE (OB VERTRAGSHAFTUNG, SCHADENERSATZRECHT ODER SONSTIGES) IST RISESMART GEGENÜBER IHNEN ODER DRITTEN HAFTBAR FÜR
(A) INDIREKTE, ZUFÄLLIGE, SPEZIELLE, EXEMPLARISCHE, FOLGE- ODER STRAFSCHADENERSATZZAHLUNGEN, DARUNTER FÜR ENTGANGENE GEWINNE, ENTGANGENE VERKÄUFE ODER GESCHÄFTE, VERLORENE DATEN ODER GESCHÄFTSUNTERBRECHUNGEN ODER
(B) FÜR DIREKTE SCHÄDEN, KOSTEN, VERLUSTE ODER HAFTUNGSANSPRÜCHE, DIE ÜBER DIE VON IHNEN TATSÄCHLICH GEZAHLTEN GEBÜHREN IN DEN SECHS (6) MONATEN VOR DEM EREIGNIS, AUF DAS SICH IHR ANSPRUCH BEGRÜNDET, ODER, SOFERN KEINE GEBÜHREN GALTEN, EINHUNDERT (100) US-DOLLAR HINAUSGEHEN. DIE BESTIMMUNGEN DIESES ABSCHNITTS ORDNEN DIE RISIKEN GEMÄSS DIESER SERVICEBEDINGUNGEN BEIDEN VERTRAGSPARTEIEN ZU UND DIE VERTRAGSPARTEIEN HABEN SICH BEI DER ENTSCHEIDUNG, OB SIE DIESE SERVICEBEDINGUNGEN EINGEHEN, AUF DIESE EINSCHRÄNKUNGEN VERLASSEN.
8.2 Einige Staaten erlauben keinen Haftungsausschluss oder den Ausschluss stillschweigender Garantien oder die Haftungsbeschränkung für zufällige oder Folgeschäden, was bedeutet, dass einige der oben genannten Einschränkungen in Abschnitt 7 (Haftungsausschluss) und 8 (Haftungsbeschränkung) möglicherweise nicht für Sie zutreffen oder nicht durchsetzbar sind. IN DIESEN STAATEN WIRD DIE HAFTUNG VON RISESMART IM GRÖSSTMÖGLICHEN GESETZLICH ZULÄSSIGEN RAHMEN BESCHRÄNKT. WENN SIE IN NEW JERSEY ANSÄSSIG SIND, GELTEN DIE ABSCHNITTE 7 (HAFTUNGSAUSSCHLUSS) UND 8 (HAFTUNGSBESCHRÄNKUNG) NUR SO WEIT, WIE GEMÄSS DEN GESETZEN VON NEW JERSEY ZULÄSSIG. WENN EIN TEIL DIESER ABSCHNITTE GEMÄSS DEN GESETZEN VON NEW JERSEY ALS UNGÜLTIG ANGESEHEN WIRD, HAT DIE UNGÜLTIGKEIT DIESES TEILS KEINE AUSWIRKUNG AUF DIE GÜLTIGKEIT DER VERBLEIBENDEN TEILE DES ENTSPRECHENDEN ABSCHNITTS.
9. Schadenersatz.
Sie verpflichten sich, RiseSmart schadlos zu halten von jeglichen Ansprüchen, Klagen oder Forderungen, darunter angemessene Rechts- und Buchhaltungskosten, die durch Ihren Verstoß gegen diese Servicebedingungen, Ihre Inhalte oder Ihre sonstigen Zugriffe auf, Beiträge zum, Nutzung oder Missbrauch des Service entstehen oder daraus resultieren. RiseSmart informiert Sie über solche Ansprüche, Klagen oder Forderungen. RiseSmart behält sich das Recht vor, exklusiv die Verteidigung und Kontrolle über Belange zu übernehmen, die gemäß diesem Abschnitt Schadenersatz unterliegen. In einem solchen Fall stimmen Sie zu, bei angemessenen Anfragen zu kooperieren, um die Verteidigung durch RiseSmart in solchen Belangen zu unterstützen. Ungeachtet des Vorstehenden sind Sie nicht verpflichtet, RiseSmart von Ansprüchen, Klagen oder Forderungen schadlos zu halten, die aus Handlungen oder Untätigkeit von RiseSmart resultieren.
10. Abtretung.
Sie dürfen diese Servicebedingungen nicht ohne die vorherige schriftliche Zustimmung von RiseSmart abtreten, aber RiseSmart kann diese Servicebedingungen vollständig oder teilweise ohne Einschränkung abtreten oder übertragen.
11. Geltendes Recht.
Diese Servicebedingungen unterliegen den Gesetzen des Bundesstaates Kalifornien, nach denen sie auch ohne Rücksicht auf Konflikte von Rechtsgrundsätzen ausgelegt werden. Sofern nicht von RiseSmart in einem bestimmten Fall anders vorgegeben, stimmen Sie hiermit ausdrücklich zu, sich zur Lösung von Streitigkeiten bezüglich Ihres Aufrufs oder Ihrer Nutzung des Service an die ausschließliche persönliche Gerichtsbarkeit der Bundes- und Landesgerichte des Bundesstaates Kalifornien zu wenden.
12. DMCA.
Der Digital Millennium Copyright Act aus dem Jahr 1998 (der „DMCA“) ermöglicht Regressansprüche für Urheberrechtsinhaber, die der Meinung sind, dass im Internet veröffentlichte Inhalte ihre Rechte gemäß US-amerikanischem Urheberrechtsgesetz verletzen. RiseSmart bearbeitet und untersucht Hinweise auf einen vermuteten Verstoß unverzüglich und ergreift bei vermuteten oder tatsächlichen Verstößen entsprechende Maßnahmen gemäß dem DMCA und anderen geltenden Gesetzen zum geistigen Eigentum. Benachrichtigungen zu vermuteten Urheberrechtsverletzungen sind per E-Mail an den Urheberrechtsbeauftragten von RiseSmart zu melden unter user.support@risesmart.com (Betreff: „Aufforderung zur Entfernung gemäß DMCA“). Sie können RiseSmart auch per Post unter folgender Adresse kontaktieren:
Attention: Copyright Agent
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113, USA
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113, USA
Hinweis: Diese Benachrichtigung muss schriftlich erfolgen und folgende Informationen enthalten:
- eine elektronische oder physische Unterschrift der Person, die im Namen des Inhabers des Urheberrechts oder sonstigen geistigen Eigentumsrechts handeln darf;
- eine Beschreibung der Werke, für die das Urheberrecht oder geistige Eigentumsrecht gilt, das mutmaßlich verletzt wurde;
- eine Beschreibung, wo auf der Website die mutmaßlich rechtsverletzenden Inhalte zu finden sind, die ausreichend detailliert ist, sodass RiseSmart die Inhalte auf der Website finden kann;
- Ihre Adresse, Telefonnummer und E-Mail-Adresse;
- eine Erklärung Ihrerseits, dass Sie guten Grund zu der Annahme haben, dass die fragliche Nutzung nicht durch den Inhaber des Urheberrechts oder geistigen Eigentumsrechts, seinen Vertreter oder das Gesetz gestattet wurde;
- eine eidesstattliche Erklärung Ihrerseits, dass die oben stehenden Informationen in Ihrer Benachrichtigung korrekt sind und dass Sie der Inhaber des Urheberrechts oder geistigen Eigentumsrechts oder befugt sind, im Namen des Inhabers des Urheberrechts oder geistigen Eigentumsrechts zu handeln.
13.1. Apple-fähige Softwareanwendungen.
RiseSmart bietet Softwareanwendungen an, die in Verbindung mit Produkten betrieben werden sollen, die unter anderem von Apple Inc. („Apple“) vermarktet werden. In Bezug auf Software, die zur Nutzung mit einem Apple-Produkt bereitgestellt wird (sogenannte „Apple-fähige Software“), gelten zusätzlich zu den anderen allgemeinen Geschäftsbedingungen, die in diesen Servicebedingungen dargelegt sind, folgende Bedingungen:
- RiseSmart und Sie erkennen an, dass diese Servicebedingungen ausschließlich zwischen RiseSmart und Ihnen, nicht jedoch mit Apple geschlossen werden, und dass aufgrund der Vereinbarung zwischen RiseSmart und Apple RiseSmart allein für die Apple-fähige Software und die entsprechenden Inhalte verantwortlich ist, nicht Apple.
- Sie dürfen die Apple-fähige Software nicht in einer Weise nutzen, die gegen die Nutzungsregeln für die Apple-fähige Software verstößt oder anderweitig in Konflikt mit den Servicebedingungen des App Store steht.
- Ihre Lizenz für die Nutzung der Apple-fähigen Software ist auf eine nicht übertragbare Lizenz für die Nutzung der Apple-fähigen Software auf einem iOS-Produkt beschränkt, das Sie besitzen oder kontrollieren, soweit durch die Nutzungsregeln in den Servicebedingungen des App Store zulässig.
- Apple ist in keiner Weise verpflichtet, Wartungs- oder Supportservices in Hinblick auf die Apple-fähige Software bereitzustellen.
- Apple ist nicht für Produktgarantien, ob ausdrücklich oder stillschweigend, verantwortlich. Sollte die Apple-fähige Software eine geltende Garantie nicht erfüllen, können Sie Apple darüber informieren. Apple erstattet Ihnen dann den Kaufpreis für die Apple-fähige Software, sofern zutreffend, und soweit gesetzlich zulässig hat Apple keine weiteren Garantieverpflichtungen in Bezug auf die Apple-fähige Software und trägt auch sonst keine Verantwortung für Ansprüche, Verluste, Haftung, Schäden, Kosten oder Ausgaben im Zusammenhang mit einer Nichterfüllung einer Garantie, die die alleinige Verantwortung von RiseSmart ist, sofern diese nicht gemäß geltendem Recht ausgeschlossen werden kann.
- RiseSmart und Sie erkennen an, dass RiseSmart und nicht Apple dafür verantwortlich ist, durch Sie oder einen Dritten gestellte Forderungen bezüglich der Apple-fähigen Software oder Ihres Besitzes und/oder Ihrer Nutzung der Apple-fähigen Software zu bearbeiten, darunter:
(i) Forderungen zur Produkthaftung,
(ii) Reklamationen, dass die Apple-fähige Software eine geltende rechtliche oder behördliche Anforderung nicht erfüllt, und
(iii) Ansprüche, die sich aus dem Verbraucherschutz oder ähnlichen Gesetzen ergeben.
- Sollte ein Dritter beanstanden, dass die Apple-fähige Software oder der Besitz und die Nutzung dieser Apple-fähigen Software durch den Endbenutzer gegen die geistigen Eigentumsrechte dieses Dritten verstößt, trägt gemäß der Vereinbarung zwischen RiseSmart und Apple RiseSmart die alleinige Verantwortung für die Untersuchung, Verteidigung, Beilegung und Erfüllung für einen solchen Anspruch bezüglich Verstoßes gegen geistige Eigentumsrechte, nicht Apple.
- Sie erklären und garantieren, dass (i) Sie nicht in einem Land ansässig sind, für das ein Embargo der US- Regierung vorliegt oder das von der US- Regierung als „Terrorismus unterstützendes“ Land eingestuft wurde, und (ii) Sie nicht von der US- Regierung als verbotene oder eingeschränkte Vertragspartei geführt werden.
- Bei Frage, Beschwerden oder Forderungen in Bezug auf die Apple-fähige Software wenden Sie sich wie folgt an RiseSmart:
user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113, USA
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113, USA
RiseSmart und Sie erkennen an und stimmen zu, dass Apple und die Tochterunternehmen von Apple Drittbegünstigte dieser Servicebedingungen in Bezug auf die Apple-fähige Software sind und dass Apple mit Ihrer Annahme der allgemeinen Geschäftsbedingungen dieser Servicebedingungen das Recht hat (und dieses Recht wird als angenommen erachtet), diese Servicebedingungen Ihnen gegenüber in Bezug auf die Apple-fähige Software als entsprechender Drittbegünstigter durchzusetzen.
- Weitere Informationen finden Sie unter: http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpuf
14. Links auf andere Websites.
Der Service kann Links zu anderen Websites enthalten. Diese Links werden Ihnen lediglich als Service zur Verfügung gestellt. Dies bedeutet nicht, dass die Inhalte der Drittanbieter-Websites von RiseSmart gebilligt wurden. RiseSmart trägt keine Verantwortung für die Inhalte der verlinkten Drittanbieter-Websites und macht keinerlei Zusicherungen bezüglich der Inhalte oder Richtigkeit der Materialien auf diesen Drittanbieter-Websites. Der Aufruf von verlinkten Drittanbieter-Websites erfolgt auf Ihr Risiko.
15. Mobilgeräte.
Wenn Sie den Service über ein Mobilgerät nutzen, stimmen Sie zu, dass Informationen zu Ihrer Nutzung des Service über Ihr Mobilgerät und Ihren Anbieter an RiseSmart weitergegeben werden dürfen, darunter Ihr Netzanbieter, Ihr Mobilgerät und Ihr physischer Standort. Darüber hinaus kann die Nutzung des Service über ein Mobilgerät dazu führen, dass Daten auf und über Ihr Mobilgerät angezeigt werden. Durch den Aufruf des Service über ein Mobilgerät erklären Sie, dass Sie, sofern Sie RiseSmart-Daten auf Ihr Mobilgerät importieren, die Befugnis haben, die übertragenen Daten mit Ihrem Mobilfunkanbieter oder sonstigem Dienstanbieter zu teilen. Sollten Sie Ihr Mobilgerät/Ihr Konto ändern oder deaktivieren, müssen Sie sicherstellen, dass andere Personen nicht auf Ihr Konto (und zugehörige Nachrichten (sofern zutreffend)) zugreifen (oder Inhalte an andere Personen senden) können. Sie tragen die Verantwortung bei Unterlassung. Sie erkennen an, dass Sie für alle Kosten und notwendigen Berechtigungen in Hinblick auf den Abruf des Service über Ihr Mobilgerät und Ihren Anbieter verantwortlich sind. Erkundigen Sie sich bei Ihrem Anbieter nach den Bedingungen für diese Services auf Ihrem Mobilgerät. Durch Verwendung einer herunterladbaren Anwendung zur Nutzung des Service bestätigen Sie ausdrücklich, dass Sie die Bestimmungen der Endbenutzer-Lizenzvereinbarung für die Anwendung akzeptieren, die beim Download oder der Installation angezeigt werden und sich gelegentlich ändern können.
Gültig ab dem 18. Januar 2019
Privacy Policy - DE - 70 & 72
Effective March 15th 2021
DownloadTable of Contents
RISESMART-DATENSCHUTZRICHTLINIE
RiseSmart, Inc. und seine Tochtergesellschaften (zusammen „RiseSmart“) erbringen ihre Services (wie unten definiert) für Sie über Websites, die der Kontrolle von RiseSmart unterliegen (darunter die Website unter der Adresse http://www.RiseSmart.com) (zusammen die „Website“), gemäß den Servicebedingungen (zu finden unter http://www.RiseSmart.com/terms-conditions) und dieser Datenschutzrichtlinie. Der Begriff „Service“ umfasst (a) die Website, (b) die Outplacement- und Karrieremanagementservices von RiseSmart und weitere zugehörige Services (darunter Dateiverwaltungs- und Analyseservices) sowie zugehörige Technologien und (c) jegliche Software, Materialien, Portale, Empfehlungen, Stellenanzeigen, Daten, Berichte, Texte, Bilder, Sounds, Videos, Analysen und sonstige Inhalte, die über eines der vorstehenden Medien zugänglich gemacht werden (zusammen die „Inhalte“).
RiseSmart ist der Datenverantwortliche für alle über den Service erfassten und verarbeiteten Daten. Jegliche neue Funktionen, die zum Service hinzugefügt werden oder ihn erweitern, unterliegen ebenfalls den Servicebedingungen und dieser Datenschutzrichtlinie. Diese Datenschutzrichtlinie legt die RiseSmart-Richtlinie in Bezug auf persönlich identifizierbare Daten („personenbezogene Daten“) und andere Informationen dar, die in Verbindung mit dem Service erfasst, übertragen oder anderweitig genutzt werden. Anonyme Daten, die während Ihrer Nutzung des Service erfasst werden, sind nicht in den „personenbezogenen Daten“ enthalten.
Ihre Zustimmung
Wenn Sie RiseSmart freiwillig personenbezogene Daten zur Verfügung stellen oder die Services auf andere Weise nutzen, stimmen Sie zu, dass RiseSmart Ihre personenbezogenen Daten und andere Informationen, wie weiter unten in dieser Datenschutzrichtlinie und anderen Hinweisen zusammengefasst, die RiseSmart gelegentlich in Zusammenhang mit dem Service bereitstellt, erfasst, überträgt und nutzt. Sie haben das Recht, diese Zustimmung zu widerrufen und die Löschung der Daten, die Sie RiseSmart zur Verfügung gestellt haben, zu verlangen.
Von Ihnen bereitgestellte personenbezogene Daten
Wenn Sie den Service nutzen, bittet RiseSmart Sie möglicherweise, RiseSmart direkt personenbezogene Daten zur Verfügung zu stellen. RiseSmart kann folgende Daten von Ihnen erhalten:
- Name, aktuelle oder letzte Stellenbezeichnung, Firmenname, Telefonnummern, Anschrift, E-Mail-Adresse und weitere Identifikations- oder Kontaktinformationen;
- Beruflicher Werdegang und sonstige Erfahrung, Ausbildung und Schulungen, weitere Qualifikationen, Beschäftigungsziele, Gehaltsvorstellungen, Interessen und sonstige Informationen zu Karriere oder Biografie;
- Informationen zur Erreichung Ihrer Etappenziele und zum Status in Ihrer beruflichen Entwicklung und Stellensuche und
- Informationen zur Zufriedenheit Ihrer Kunden oder sonstiges Feedback über Ihre berufliche Entwicklung, Ihre Stellensuche und den Service.
Wenn Sie über den Service mit RiseSmart interagieren, kann RiseSmart außerdem andere personenbezogene Daten und Informationen von Ihnen erfassen, wenn Sie diese Informationen freiwillig zur Verfügung stellen, beispielsweise wenn Sie sich bei Fragen an RiseSmart wenden oder an einer Umfrage von RiseSmart teilnehmen.
Sie werden über verschiedene Kanäle in Verbindung mit dem Service aufgefordert, Ihre personenbezogenen Daten anzugeben, unter anderem durch Aktivierung Ihres Kontos für den Service, ob bei der Online-Registrierung oder in Papierform, auf Ihrem Lebenslauf, in Checklisten und Fragebögen, die Sie für RiseSmart ausfüllen, bei Schulungs- und Beratungssitzungen, Diskussionen, in E-Mails und über andere Kanäle. Möglicherweise erfasst der Service auch Ihre IP-Adresse (Internetprotokoll-Adresse).
RiseSmart kann Sie auffordern, für Ihr persönliches Web-Konto, das Sie im Service einrichten, einen eindeutigen Benutzernamen, ein Kennwort sowie eine Erinnerungsfrage festzulegen und diese Anmeldedaten für den Zugriff auf Ihr Konto zu verwenden. Sie erklären sich damit einverstanden, Ihren Benutzernamen, Ihr Kennwort und die Erinnerungsfrage geheim zu halten, und wenn Sie diese Informationen nicht geheim halten, übernehmen Sie die volle Verantwortung für die dadurch bedingte Nutzung, den Diebstahl, die Änderung, den Missbrauch, die Offenlegung oder den sonstigen Verlust in Verbindung mit Ihren personenbezogenen Daten oder sonstigen Informationen.
Sie haben das Recht, den Zugriff auf die Daten zu verlangen, die Sie RiseSmart zur Verfügung stellen. Zugriffsanfragen können an folgende Adresse gestellt werden: user.support@risesmart.com. RiseSmart reagiert innerhalb von 30 Tagen auf diese Zugriffsanfragen.
Personenbezogene Daten, die wir von einem Unternehmenskunden erhalten
Sie erkennen an, dass ein RiseSmart-Unternehmenskunde RiseSmart damit beauftragen kann, (a) die derzeitigen und/oder ehemaligen Mitarbeitern des Unternehmenskunden, deren Beschäftigungsverhältnis mit diesem Unternehmenskunden beendet wurde oder wird, bei der Suche nach einer neuen Stelle durch den Service zu unterstützen („Outplacement-Unterstützung“) oder (b) die derzeitigen Mitarbeiter des Unternehmenskunden bei der beruflichen Entwicklung über den Service zu unterstützen („Unterstützung bei der beruflichen Entwicklung“), (zusammen sind (a) und (b) „Aufträge des Unternehmenskunden“). In Verbindung mit Aufträgen des Unternehmenskunden erhält RiseSmart vom Unternehmenskunden eine Liste mit Personen, die für den Service in Frage kommen. Wenn Sie berechtigt sind, stehen Daten wie Ihr Name, Ihre aktuelle oder letzte Stellenbezeichnung, Ihre Privatanschrift, Telefonnummer, E-Mail-Adresse, Abteilung oder Geschäftsbereich sowie andere personenbezogene Daten möglicherweise auf der Liste des Unternehmenskunden.
RiseSmart verarbeitet Ihre Informationen auf diese Weise für sein berechtigtes Interesse, Ihnen im Auftrag Ihres derzeitigen oder früheren Arbeitgebers Service zur Verfügung zu stellen. RiseSmart verwendet von Unternehmenskunden erhaltene personenbezogene Daten nur zur Kontaktaufnahme mit berechtigten Teilnehmern.
Internationale Übermittlungen von personenbezogenen Daten
Wenn Sie oder der Unternehmenskunde in Verbindung mit dem Service personenbezogene Daten bereitstellen, erkennen Sie an und erklären sich damit einverstanden, dass diese personenbezogenen Daten von Ihrem aktuellen Standort bzw. dem aktuellen Standort des Unternehmenskunden an die Niederlassungen und Server von RiseSmart und der hierin genannten autorisierten Parteien mit Sitz in den Vereinigte Staaten von Amerika oder anderen Ländern übermittelt werden können.
Sonstige Informationen und Verwendung von Cookies
Wenn Sie über den Service mit RiseSmart interagieren, erhält RiseSmart bestimmte nicht personenbezogene Informationen und speichert diese. Diese Informationen, die passiv mithilfe verschiedener Technologien erfasst werden, können derzeit nicht dazu verwendet werden, Sie persönlich zu identifizieren. Darüber hinaus kann der Service im Rahmen seiner Funktionalität andere nicht personenbezogene Informationen erfassen (z. B. durch Erfassung von Antworten in Fragebögen, die keine personenbezogenen Informationen enthalten). RiseSmart kann diese Informationen selbst speichern, oder sie können in Datenbanken enthalten sein, die Erfüllungsgehilfen oder Dienstanbietern von RiseSmart gehören oder von diesen verwaltet werden. Der Service kann diese Informationen nutzen und mit anderen Informationen kombinieren, um beispielsweise die Gesamtzahl der Besucher der Website oder des Service, die Anzahl der Besucher einzelner Seiten der Website oder des Service oder die Domänennamen der Internetdienstanbieter der RiseSmart-Besucher zu verfolgen. Wir weisen ausdrücklich darauf hin, dass personenbezogene Daten nur dann verfügbar sind oder verwendet werden, wenn Sie oder ein Unternehmenskunde sie freiwillig zur Verfügung stellen, wie oben dargelegt.
Beim Betrieb des Service kann RiseSmart eine Technologie namens „Cookies“ einsetzen. Bei einem Cookie handelt es sich um eine Information, die der den Service hostende Computer an Ihren Browser sendet, wenn Sie auf den Service zugreifen. Die Cookies von RiseSmart stellen zusätzliche Funktionen für den Service bereit und ermöglichen RiseSmart eine genauere Analyse der Servicenutzung. Beispiel: Der Service richtet einen Cookie in Ihrem Browser ein, mit dem Sie auf den Service zugreifen können, ohne dass Sie während der Nutzung des Service Ihr Kennwort mehrmals eingeben müssen. Bei jeder Verwendung von Cookies durch RiseSmart werden personenbezogene Daten nur mit Ihrer Genehmigung von RiseSmart erfasst.
RiseSmart ist berechtigt, Cookies oder ähnliche Technologien zur Erfassung von Informationen zu Ihren Browser-Aktivitäten im Laufe der Zeit und auf verschiedenen Websites nach Ihrer Nutzung des Service einzusetzen (und kann externen Dienstanbietern dies erlauben). Derzeit reagiert unser Service nicht auf „Do Not Track“-Signale (DNT) und funktioniert unabhängig davon, ob er ein DNT-Signal erhält, wie in dieser Datenschutzrichtlinie beschrieben. Sollte RiseSmart in Zukunft auf diese Signale reagieren, wird diese Datenschutzrichtlinie eine Beschreibung enthalten, wie RiseSmart dabei vorgeht.
Austausch von Informationen mit Unternehmenskunden
Wenn Sie den Service im Rahmen eines Auftrags eines Unternehmenskunden für Outplacement-Unterstützung nutzen, kann RiseSmart dem Unternehmenskunden Statusberichte und andere Informationen zur Verfügung stellen, die Sie möglicherweise identifizieren und Aufschluss über den Status sowie den Umfang Ihrer Nutzung des Service, Ihren Etappenzielfortschritt sowie den Status Ihrer beruflichen Entwicklung, Ihre Kundenzufriedenheit oder sonstiges Feedback im Zusammenhang mit dem Service geben können, jeweils einzeln oder in zusammengefasster Form (zusammen „Daten zum Outplacement-Fortschritt“). Von Zeit zu Zeit kann RiseSmart Ihnen Hilfsmittel zur Verfügung stellen, mit denen Sie anpassen können, welche Daten zum Outplacement-Fortschritt RiseSmart an den Unternehmenskunden weitergeben darf. Wenn Sie den Service im Rahmen eines Auftrags eines Unternehmenskunden für Unterstützung bei der beruflichen Entwicklung nutzen, kann RiseSmart dem Unternehmenskunden Statusberichte und andere Informationen zur Verfügung stellen, die Sie möglicherweise identifizieren und Aufschluss über den Status sowie den Umfang Ihrer Nutzung des Service, Ihren Etappenzielfortschritt sowie den Status Ihrer Stellensuche, Ihre Kundenzufriedenheit oder sonstiges Feedback im Zusammenhang mit dem Service geben können, jeweils einzeln oder in zusammengefasster Form (zusammen „Daten zum Fortschritt der beruflichen Entwicklung“). Von Zeit zu Zeit kann RiseSmart Ihnen Hilfsmittel zur Verfügung stellen, mit denen Sie anpassen können, welche Daten zum Fortschritt der beruflichen Entwicklung RiseSmart an den Unternehmenskunden weitergeben darf. Falls Sie Fragen oder Bedenken hinsichtlich der Daten zum Outplacement-Fortschritt bzw. der Daten zum Fortschritt der beruflichen Entwicklung haben, die RiseSmart an den Unternehmenskunden weitergeben darf, kontaktieren Sie user.support@risesmart.com (siehe Kontaktdaten unten).
Sonstige Verwendungszwecke und Weitergabe Ihrer Informationen
Im Rahmen des Service ist RiseSmart berechtigt, Ihre personenbezogenen Daten und sonstige Informationen zur Bereitstellung des Service an Sie zu erfassen, zu übermitteln und zu verwenden, unter anderem um festzustellen, welche Unterstützung Sie konkret von dem Service wünschen und, sofern Sie ein Stellensuchender sind, um Ihnen Job Leads, Schulungen für die Stellensuche, Unterstützung beim Schreiben Ihres Lebenslaufs und/oder sonstige Unterstützung zukommen zu lassen. RiseSmart ist außerdem berechtigt, Ihre personenbezogenen Daten und sonstige Informationen zu verwenden, (a) um Sie zu identifizieren und zu authentifizieren, z. B. für Ihren Zugriff auf Ihr Service-Konto und Ihre Kommunikation mit RiseSmart-Mitarbeitern, oder (b) um die Service-Aktivität für Ihr Konto intern zu eskalieren oder anzupassen, einen internen Bericht über die Service-Leistung für das RiseSmart-Management zu erstellen, interne Schulungen durchzuführen oder für anderweitige geschäftliche Aktivitäten von RiseSmart.
Wenn Sie personenbezogen Daten oder sonstige Informationen aus einem bestimmten Grund zur Verfügung stellen, ist RiseSmart zudem berechtigt, die personenbezogenen Daten oder sonstigen Informationen in Verbindung mit dem Grund zu nutzen, für den sie zur Verfügung gestellt wurden. Sollten Sie beispielsweise RiseSmart per E-Mail kontaktieren, verwendet RiseSmart die personenbezogenen Daten, die Sie angeben, um Ihre Frage zu beantworten oder Ihr Problem zu lösen.
RiseSmart kann darüber hinaus Ihre personenbezogenen Daten und sonstige Informationen, die über den Service erfasst wurden, wie folgt verwenden und weitergeben:
- RiseSmart kann Ihre personenbezogenen Daten und sonstige Informationen zur Verbesserung des Inhalts und der Funktionen des Service, zur besseren Einschätzung der RiseSmart-Benutzer sowie zur Optimierung des Service verwenden.
- Im Rahmen seiner geschäftlichen Entwicklung kann RiseSmart Geschäftsbereiche oder Vermögenswerte verkaufen oder erwerben. Im Falle eines Unternehmensverkaufs, einer Fusion, Umstrukturierung, Auflösung oder eines ähnlichen Ereignisses sind personenbezogene Daten und sonstige Informationen möglicherweise Bestandteil der übertragenen Vermögenswerte.
- RiseSmart ist berechtigt, Ihre personenbezogenen Daten und sonstige Informationen für Zwecke, die dieser Datenschutzrichtlinie entsprechen, an verbundene Unternehmen von RiseSmart weiterzugeben.
- Wie viele Unternehmen beauftragt RiseSmart bisweilen andere Firmen damit, bestimmte geschäftsbezogene Funktionen wahrzunehmen, darunter Analysen. Wenn RiseSmart eine andere Firma damit beauftragt, eine Funktion in ihrem Namen wahrzunehmen, stellt RiseSmart dieser Firma ggf. Ihre personenbezogenen Daten und sonstige Informationen zur Verfügung, soweit dies für die jeweilige Funktion notwendig oder nützlich ist. Zu diesen Dienstanbietern gehören Unternehmen, die unsere Server hosten, Tools für unsere Kundenadministration sowie zur Kommunikation bereitstellen und Dienstleistungen zur Erkennung und Verhinderung von Betrug erbringen.
- RiseSmart ist berechtigt, Ihre personenbezogenen Daten und sonstige Informationen offenzulegen, wenn dies gesetzlich erforderlich ist oder wenn RiseSmart in gutem Glauben davon überzeugt ist, dass dies notwendig ist, um (i) eine rechtliche Verpflichtung zu erfüllen, (ii) die Eigentumsrechte von RiseSmart zu schützen und zu verteidigen, (iii) unter dringenden Umständen zum Schutz der persönlichen Sicherheit der Benutzer des Service oder der Öffentlichkeit tätig zu werden oder (iv) RiseSmart vor gesetzlicher Haftung zu schützen.
Zusammengefasste personenbezogene Daten
Wir bemühen uns kontinuierlich, die Benutzer des Service besser einzuschätzen und ihnen bessere Dienste zu leisten. Aus diesem Grund führt RiseSmart häufig Studien zur demografischen Zusammensetzung der Benutzer, zu deren Interessen, Ergebnissen und Verhaltensweisen anhand der personenbezogenen Daten und sonstigen Informationen durch, die RiseSmart zur Verfügung gestellt wurden. Diese Studienergebnisse sowie andere Kennzahlen oder Analysen des Benutzerverhaltens, der Ergebnisse oder Bewertungen können zusammengestellt und in zusammengefasster Form analysiert werden, und RiseSmart kann diese zusammengefassten Daten an seine verbundenen Unternehmen, Erfüllungsgehilfen und Geschäftspartner weitergeben. Mit diesen zusammengefassten Informationen können Sie nicht persönlich identifiziert werden. RiseSmart ist außerdem berechtigt, zusammengefasste Benutzerstatistiken offenzulegen, um die Services von RiseSmart aktuellen und potenziellen Geschäftspartnern zu beschreiben, sowie gegenüber anderen Dritten für andere rechtmäßige Zwecke.
Verwaltung der Informationen
RiseSmart kann Ihre personenbezogenen Daten oder sonstige Informationen in digitaler Form erhalten oder eingeben. RiseSmart ist berechtigt, alle personenbezogenen Daten und sonstige Informationen von Ihnen oder über Sie in einem einzelnen vertraulichen Datenbankeintrag zusammenzufassen und diesen auf Servern zu speichern, die in den Vereinigte Staaten von Amerika oder anderen Ländern gehostet werden. Sie haben das Recht sicherzustellen, dass die personenbezogenen Daten, die RiseSmart über Sie besitzt, korrekt sind. Zu diesem Zweck kann RiseSmart Sie auffordern und von Ihnen verlangen, dass Sie eine Zusammenfassung Ihrer personenbezogenen Daten und sonstigen Informationen in Ihrem Konto prüfen und deren Richtigkeit bestätigen bzw. sie korrigieren.
Die Mitarbeiter von RiseSmart können von jeder Niederlassung, jedem Arbeitsort und von unterwegs online auf Ihr Konto zugreifen, Anforderungen und zu ergreifende Maßnahmen ermitteln und, sofern Sie Stellensuchender sind, Job Leads an Ihr Konto senden.
RiseSmart ergreift angemessene Maßnahmen zum Schutz der über den Service bereitgestellten personenbezogenen Daten und sonstigen Informationen vor Verlust, Missbrauch und dem Zugriff, der Offenlegung, Änderung oder Vernichtung durch Unbefugte. Allerdings kann die absolute Sicherheit oder Fehlerfreiheit bei keiner Datenübertragung über das Internet oder per E-Mail garantiert werden. Insbesondere sind E-Mail- oder andere Übermittlungen, die an oder von dem Service gesendet werden, möglicherweise nicht sicher. Daher sollten Sie sich genau überlegen, welche Informationen Sie per E-Mail oder mit einem anderen Übermittlungsverfahren an RiseSmart senden.
Links zu anderen Websites
Diese Datenschutzrichtlinie gilt nur für den Service. Der Service kann Links zu anderen Websites enthalten, die nicht von RiseSmart betrieben oder kontrolliert werden (die „Websites Dritter“). Die in dieser Datenschutzrichtlinie beschriebenen Richtlinien und Verfahren gelten nicht für die Websites Dritter. Die Links aus dem Service implizieren nicht, dass RiseSmart die Websites Dritter unterstützt oder geprüft hat. RiseSmart empfiehlt, sich direkt mit den Betreibern dieser Websites in Verbindung zu setzen, um Informationen zu deren Datenschutzrichtlinien zu erhalten.
Öffentliche Informationen
Wenn Sie RiseSmart über den Service oder auf anderem Wege unverlangt personenbezogene Daten zur Verfügung gestellt haben, beispielsweise durch Posten von Informationen in öffentlichen Bereichen des Service, gelten diese unverlangt bereitgestellten Informationen als nicht vertraulich. Es steht RiseSmart frei, diese unverlangt bereitgestellten Informationen ohne Einschränkung oder Zuordnung zu reproduzieren, zu verwenden, offenzulegen und an andere zu verbreiten. Auf Informationen, die in einem öffentlichen Bereich gepostet wurden, kann jeder zugreifen, der Zugriff auf die Website hat, und diese außerdem speichern.
Kinder
RiseSmart ist nicht für Kinder unter 13 Jahren vorgesehen, und RiseSmart erfasst wissentlich keine Informationen von diesen.
Änderungen an dieser Datenschutzrichtlinie
Der Service und die Geschäfte von RiseSmart können sich gelegentlich ändern. Daher ist es bisweilen notwendig, dass RiseSmart Änderungen an dieser Datenschutzrichtlinie vornimmt. RiseSmart behält sich das Recht vor, diese Datenschutzrichtlinie jederzeit und gelegentlich ohne Vorankündigung zu aktualisieren oder zu ändern. Bitte lesen Sie sich diese Richtlinie regelmäßig und insbesondere vor der Bereitstellung personenbezogener Daten durch. Diese Datenschutzrichtlinie wurde zuletzt am unten angegebenen Datum geändert. Wenn Sie den Service im Anschluss an Änderungen oder Überarbeitungen an dieser Datenschutzrichtlinie weiterhin nutzen, stimmen Sie damit den Bedingungen der überarbeiteten Datenschutzrichtlinie zu.
Kontaktaufnahme mit RiseSmart
Wenden Sie sich unter der unten genannten Adresse an RiseSmart, damit Ihre personenbezogenen Daten stets korrekt, aktuell und vollständig sind. RiseSmart ergreift angemessene Maßnahmen, um die personenbezogenen Daten in unserem Besitz, die Sie uns zuvor über den Service zur Verfügung gestellt haben, zu aktualisieren oder zu korrigieren.
Bei Problemen oder Fragen im Zusammenhang mit dieser Datenschutzrichtlinie oder zugehörigen Datenschutzangelegenheiten können Sie sich unter der folgenden Adresse an den Datenschutzbeauftragten von RiseSmart wenden:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113, USA
E-Mail-Adresse: user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113, USA
E-Mail-Adresse: user.support@risesmart.com
Benutzer im Europäischen Wirtschaftsraum (EWR) und in der Schweiz haben das Recht, bei der in ihrem Land zuständigen Datenschutzbehörde eine Beschwerde einzureichen.
Gültig ab dem 18. Januar 2019
T&C ja_JP revised
Effective May 25th 2021
DownloadTable of Contents
1. 条件の承諾
1.1 RiseSmart(ランスタッド株式会社)およびその関連会社(「RiseSmart」と総称)は、RiseSmartが管理するウェブサイト(http://www.RiseSmart.comなど)(「本サイト」と総称)を通じ、この利用規約(「本利用規約」)に従ってサービス(「本サービス」と総称、下記で定義)を利用者に提供します。本利用規約を承諾し、または本サービスおよび本サイトにアクセスすることにより、利用者は本利用規約を読み理解したうえで法的に拘束されることを承諾したことになります。本利用規約に同意していただけない場合は、本サービスはご利用いただけません。
1.2 RiseSmartは随時、予告なく本利用規約を変更できるものとします。変更後の利用条件は、掲載された時点から有効となります。利用者が掲載日以降に本サービスを利用した場合、変更後の利用条件を承諾したことになります。本利用規約の変更を承諾していただけない場合は、本サービスへのアクセスおよび利用が中止されます。
2. サービスの説明
本サービスには、(a)本サイト、(b)RiseSmartの再就職支援サービスおよびキャリア管理サービス、その他の関連サービス(ファイル管理サービスおよび分析サービスを含む)、ならびに関連の技術およびアプリケーション(モバイルまたはその他のインターフェイスを介してアクセスするアプリケーションやサービスを含むが、これに限定されない)、(c)すべてのソフトウェア(「本ソフトウェア」と総称、下記に定義するソフトウェアを含む)、素材、ポータル、助言、求人情報、データ、レポート、テキスト、画像、音声、動画、解析およびこれらのいずれかを通じて提供されるその他のコンテンツ(「本コンテンツ」と総称)が含まれます。本サービスに関して新たな機能が追加または拡張された場合にも、本利用規約が適用されます。
3. 一般条件/サービスへのアクセスおよび利用
3.1 利用者は、適法な目的においてのみ、そして、本利用規約の条件に従うことによって、本サービスにアクセスし利用することができます。本サービスおよびその構成要素に関するあらゆる権利、権原および権益は、引き続きRiseSmartに帰属し、RiseSmartが単独でその権利を有するものとします。
利用者は、次に掲げる行為を、自らまたは第三者に行わせてはならないものとします。
(a)本サービスをコピー、複製、変更、削除、配布、ダウンロード、保存、送信、公開、二次的著作物の作成、リバースエンジニアリング(分解し自社製品に利用すること)、逆アセンブル(ソースコードの復元を目的とした変換)、もしくは(直接または間接を問わず)その他の方法によるソースコード抽出の試み、販売、サブライセンス、再販売、貸与、リース、移転、譲渡もしくはタイムシェアを行い、またはその他の方法で本サービスを商用利用し、もしくは第三者に提供すること。
(b)違法な方法(データ、プライバシーもしくは輸出管理に関する法律の違反を含む)により、または本サービスもしくはその構成要素の完全性もしくは性能を妨害もしくは阻害する方法により本サービスを利用すること。
(c)本サービスを変更、翻案もしくはハッキングすること、またはその他の方法で本サービスもしくは関連のシステムもしくはネットワークへの不正アクセスを試みること。
(d)他のウェブサイトもしくはメディア(ネットワーク環境など)で本コンテンツを利用すること。
利用者は、RiseSmartが利用者に提供するか本サービスに関して公開する行動規範、ポリシーまたはその他の通知を遵守するものとします。また利用者は、本サービスに関するセキュリティ違反に気付いた場合、すみやかにRiseSmartに通知するものとします。上記に加え、特定のサービスを利用する場合、利用者は、当該サービスに対して併せて適用される規程(本サービス上に随時掲載され、RiseSmartの個人情報保護方針を含む)に従うものとします。
3.2 本サービスに関連してRiseSmartが提供する本ソフトウェアには、適用される知的財産法またはその他法律により保護される専有情報および秘密情報が含まれます。
RiseSmartは、本利用規約に定める条件に従うことによって、本利用規約により、本ソフトウェアのオブジェクトコードを利用(ただし、専ら本サービスに関連して、かつ1台のデバイス上で利用する場合に限る)する個人的、譲渡不可かつサブライセンス不可の非独占的権利およびライセンスを利用者に付与します。利用者は、本サービスへのアクセス時に利用することを目的としてRiseSmartが提供するインターフェイス以外の手段を通じて本サービスにアクセスしないことに同意します。本利用規約で明示的に付与されていない権利は、留保されます。また本サービスに関して、RiseSmartまたは第三者の商標を利用するライセンスまたは権利が利用者に付与されることはありません。
3.3 本サービスに関連して利用者がアップロード、掲載、交付、提供またはその他の方法で送信もしくは保存(「送信」と総称)するあらゆるデータ、情報、フィードバック、提案、テキスト、コンテンツおよびその他の資料(「利用者コンテンツ」)については、利用者が単独でその責任を負います。
利用者は、本サービスに関して送信した利用者コンテンツが(a)利用者が求職またはキャリア開発のために本サービスを利用する場合は、履歴書、経歴データおよび職歴情報などが、正確、真実、適法、適切、誠実かつ完全であること、ならびに(b)バグ、ワームまたはウィルスが含まれていないことを本利用規約により表明し、保証します。利用者が上記の規定に違反しているとRiseSmartが判断した場合、または本利用規約に違反している場合、利用者は、RiseSmartが本サービスから利用者コンテンツを削除できることについて同意します。
利用者は、ログイン、パスワードおよびアカウントに関する秘密性、ならびにログイン中またはアカウント上で生じるすべての活動に関する秘密性を維持する責任を負います。
RiseSmartは、利用者の技術サポートリクエストに対応するために利用者のアカウントにアクセスする権利を留保します。利用者は、利用者コンテンツを本サービス上でまたは本サービスを通じて送信することにより、本サービスに関して利用者コンテンツを利用、変更、複製、配布、展示、公開および実行するための、全世界での、非独占的、永続、取消不可、使用料無料、全額支払済み、サブライセンス可能かつ移転可能なライセンスを本利用規約によりRiseSmartに付与します。
RiseSmartは、本サービス、本コンテンツまたは利用者コンテンツを検査またはモニタリングする権利を有するものとします。ただし、これらを行う義務を負うものではありません。また利用者は、理由の如何を問わず(本コンテンツについて第三者もしくは行政機関から請求もしくは申立てを受けた場合など)、または何らの理由が存在しない場合であっても、RiseSmartがいつでも当該本コンテンツを削除またはその提供を中止できることに同意します。
3.4 利用者は、本サービス(利用者コンテンツを含む)が暗号化されずに運営される場合があること、また、かかる運営の内容として、(a)さまざまなネットワーク上での送信、(b)ネットワークもしくはデバイスに接続するための技術的要件を確認し、これらに適応させるための変更、(c)本サービスの運営維持に必要なハードウェア、ソフトウェア、ネットワーク、ストレージおよび必要な関連技術を提供することを目的として行うRiseSmartの第三者ベンダーおよびホスティングパートナーへの送信、ならびに(d)利用者に対する本サービス提供に関するその他の第三者への送信が行われる場合があることについて了承します。よって利用者は、利用者コンテンツのセキュリティ、保護およびバックアップを自ら適切に行う責任を単独で負うことについて承諾します。RiseSmartは、利用者コンテンツの不正アクセスもしくは不正利用、または利用者コンテンツの破損、削除、破壊もしくは消失について利用者に対する責任を一切負わないものとします。
3.5 求職者またはキャリア開発希望者に関しては、上記に加え、本サービスを通じて提供を受けまたは取得した求人情報およびその他の情報を管理するにあたり、自身の意見、注意力および判断力を用いること、ならびに、本サービスを通じて提供を受けた本コンテンツ(求人またはキャリアアドバイスもしくは提言を含む)を信頼または利用する際のリスクについては、利用者が負うことに同意します。
3.6 RiseSmartが本利用規約に定めるいずれかの権利または規定を行使または執行しない場合であっても、当該権利の放棄には該当しないものとします。利用者は、本利用規約が電子形式であり利用者およびRiseSmartの署名が物理的に付されていないことにかかわらず、本利用規約が利用者とRiseSmartとの間における契約であること、ならびに、本利用規約は本サービスを利用する際に適用されるものであり、利用者とRiseSmartとの間で従前に交わされた類似の契約に置き換わることについて承諾します。
3.7 利用者は、次に定める場合にRiseSmartのクライアントがRiseSmartを活用することがあることについて承諾します。
(a)クライアントの現在および/もしくは過去の従業員のうち、クライアントに雇用される、もしくは解雇が予定されるの者による本サービスを通じた転職活動を支援する場合(「再就職支援」)、または
(b)クライアントの現在の従業員による本サービスを通じたキャリア開発を支援する場合(「キャリア開発支援」)
((a)および(b)を「クライアントエンゲージメント」と総称)。
((a)および(b)を「クライアントエンゲージメント」と総称)。
利用者がクライアントエンゲージメントに基づく再就職支援を受けることを目的として本サービスを利用するものである場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況や利用範囲、求職に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報を、いずれも個別的または集約的な形式でクライアントに提供することがあります。
利用者がクライアントエンゲージメントに基づくキャリア開発支援を受けることを目的として本サービスを利用するものである場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況や利用範囲、求職もしくはキャリア開発に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報を、いずれも集約的な形式で当該クライアントに提供することがあります。
クライアントエンゲージメントに関して利用者およびクライアントから提供を受けた情報をRiseSmartが収集、利用および共有する場合の詳細については、RiseSmartの個人情報保護方針をご覧ください。
3.8 利用者がクライアントエンゲージメントに基づき本サービスを利用するものである場合、いかなる場合にも、利用者は、提供されるサービスが利用者に対するアクセス権付与を基礎付ける当該クライアントエンゲージメントの範囲、期間またはその他の制限を超えないことを承諾します。
3.9 利用者は、次に定める事項について同意します。
(a)RiseSmartが、本サービスの利用に関する一般的な慣行および制限(本サービスにより本コンテンツまたは利用者コンテンツが保有される最長期間に関する制限、および利用者のために割り当てられる最小のストレージスペースなど)を設けることができること。
(b)本サービスを通じて維持またはアップロードされた本コンテンツまたは利用者コンテンツが削除され、または保存されなかった場合であっても、RiseSmartが一切の責任を負わないこと。
(c)RiseSmartが、(i)法的手続、適用法もしくは政府要請を遵守し、(ii)本利用規約を執行し、(iii)本コンテンツもしくは利用者コンテンツが第三者の権利を侵害しているとの請求に対応し、または(iv)RiseSmart、そのユーザーおよび公共の権利、財産もしくは個人の安全を保護するために、RiseSmartが法律に基づき要求された場合、または保存または開示が合理的に必要であると誠実に判断した場合、RiseSmartが本コンテンツおよび利用者コンテンツを保全するか、また本コンテンツおよび利用者コンテンツを開示することができること。
また利用者は、理由の如何を問わず(本コンテンツもしくは利用者コンテンツについて第三者もしくは行政機関から請求もしくは申立てを受けた場合など)、または何らの理由が存在しない場合であっても、RiseSmartがいつでも本コンテンツまたは利用者コンテンツを削除またはその提供を中止できることに同意します。
4. 支払
本サービスまたはその一部の提供に料金が必要となる場合(かつRiseSmartのクライアントが支払を行わない場合)、利用者は、支払方式を選択し、クレジットカードまたはその他の支払手段に関する情報をRiseSmartに提供する義務を負います。利用者は、かかる情報が真実であること、また当該支払手段を利用する権限を有することをRiseSmartに表明し、保証します。アカウント情報に何らかの変更(請求先住所またはクレジットカードの有効期限に関する変更など)が生じた場合、利用者はすみやかに情報を更新するものとします。
利用者は、支払方式および本利用規約の規定に従い、当該支払方法に定める金額をRiseSmartに支払うことに同意します。利用者は、本利用規約により、アカウントが失効するまでの間、適用される支払方式の規定に従い、RiseSmartが利用者の支払手段に対して定期的に前払金の請求を行うことを許可するとともに、関連の手数料を支払うことにも同意します。手数料の支払をご了承いただけない場合、RiseSmartからの請求があった日から60日以内にその旨をRiseSmartに通知する必要があります。
RiseSmartは、料金をいつでも変更する権利を留保します。RiseSmartが料金変更を行う場合は、当該変更が有効となる30日以上前に、(RiseSmartの選択するところにより)本サイトまたは利用者宛のメールにて変更を通知します。価格変更後に引き続き本サービスを利用した場合、当該変更後の金額について同意したものとみなされます。利用者がクライアントエンゲージメントに基づき本サービスを利用するものである場合、RiseSmartから利用者に提供することをクライアントが許可した特定の本サービスパッケージに要する費用をクライアントに対して請求します。
5. 表明および保証
利用者は、利用に際して次のとおり同意します。
いずれかの法域の地域、州および連邦などの法令および制定法(米国の輸出法令、差別禁止法または雇用機会均等法など)に違反しないこと。第三者の知的財産権およびプライバシー権(特許、著作権、商標または営業秘密など)を侵害しないこと。違法、侮辱、中傷、詐欺、不正、誤解、有害、脅迫、嫌がらせ、わいせつ、あるいは不快にあたる資料をアップロード、掲載、送信または保存しないこと。利用者に課せられた契約上の義務または秘密保持義務に違反しないこと。ウィルス、ワーム、スクリプト、マクロもしくはあらゆる種類の有害コードを掲載もしくは送信する、何度も繰り返し掲載する、または異常に大量の、もしくはRiseSmartが認めていないデータ(許可されていない広告資料、未承諾の宣伝資料、ジャンクメール、スパムメール、チェーンメール、ネズミ講、フランチャイズ、販売権、クラブメンバーシップ、販売契約もしくは認められていないその他の資料など)を掲載するといった方法で、本サービスの通常の運営を阻害または妨害しないこと。本サービスを悪用して他人のプライバシー権または個人の権利を侵害(他人に対する嫌がらせもしくはストーキング、未承諾メールの送信および他人の個人情報収集など)しないこと。本サービスのセキュリティ対策に違反したり、違反を試みたりしないこと。RiseSmartから書面による事前の承諾を得ることなく、本サービスをモニタリング、回復、検索またはアクセスするデバイス、プロセスまたは仕組み(スパイダーもしくはロボットなど)を利用しないこと。本サービスに記載されている第三者のアカウントにアクセスもしくはログインしたり、アクセスを試みたりしないこと。履歴書、経歴データまたは職歴情報などに関して不正確、虚偽または不完全な情報を掲載したり、送信したりしないこと。個人または団体への成りすましを行わないこと。電子的な投稿メッセージまたはメールのヘッダー情報を偽造しないこと。利用者自身、利用者と第三者との関係性または所属団体を偽らないこと。
6. 失効
利用者は、本サイトに定める手続または利用者に別途交付する手続(いずれか該当する方)に従い、いつでも利用者アカウントを失効させる権利を有するものとします。利用者がクライアントエンゲージメントに基づき本サービスを利用するものである場合、本サービスへの利用者のアクセス権は、当該クライアントエンゲージメントが満了または解除となった時点で失効することを承諾します。RiseSmartは、利用者が本利用規約に違反したとRiseSmartが判断する場合を含め、理由の如何を問わず、(i)本サービス(またはその一部)を一次的または永続的に変更もしくは提供中止する権利、ならびに(ii)現在および将来における本サービスの利用をすべて拒否し、利用者のアカウント(またはその一部)または本サービスの利用を停止もしくは失効させ、本サービス内の利用者コンテンツを削除および破棄することができます。RiseSmartは、本サービスの変更、停止または提供中止に関して、利用者または第三者のいずれに対しても一切責任を負いません。RiseSmartは、利用者のアカウントを停止または失効させる前に誠意をもって利用者に連絡して警告するよう努めるものとします。本サービス内のすべての利用者コンテンツ(ある場合)は、利用者アカウントが失効した際、RiseSmartの単独の裁量により永久に削除できるものとします。RiseSmartが何らの理由に基づかず利用者のアカウントを失効させ、かつ、利用者が料金負担を伴うサービス(クライアントエンゲージメントは除く)に登録していた場合、RiseSmartは、当該サービスに対して利用者がRiseSmartに支払った金額のうち、未使用の部分を日割計算して返金するものとします。ただし、支払に関して生じたすべての権利および第4条から第12条の規定は、本利用規約の解除後も存続するものとします。
7. 免責事項
本サイト、本コンテンツ(求人、キャリア開発リード、推薦および分析など)ならびにすべてのサーバーおよびネットワークコンポーネントを含む本サービスは、何らの保証なく「現状のまま」かつ「提供可能な限度」で提供されるものであり、RiseSmartは、明示または暗示を問わず、あらゆる保証責任(商品性、権利、特定の目的への適合性および非侵害性に関する暗示の保証など)を負いません。利用者は、本サービスに中断がなく、適時かつ安全で、エラーもしくはウィルスがないことをRiseSmartが保証するものではないこと、および利用者がRiseSmartまたは本サービスを通じて取得した情報、アドバイスまたはサービスは、本利用規約に明示されていない保証責任が生じるものではないことを承諾します。
求職者またはキャリア開発希望者に関しては、上記規定の一般性を制限することなく、次に定めるとおりとします。(a)利用者は、RiseSmartが利用者のアカウントに掲載する求人が何らの審査を経ることなく第三者から提供されたものであることについて承諾し、同意します。(b)RiseSmartは、求人もしくはその他の情報が正確かつ適法であること、利用者が本サービスを利用することにより確実に職もしくはキャリア開発を得られること、または、本サービスを利用することにより利用者が発見した職もしくはキャリア開発が利用者のニーズに適合し、もしくは利用者にとって適切であることを保証するものではありません。RiseSmartは、いかなる状況においても、第三者(ユーザーを含む)のコンテンツまたは資料(コンテンツ内のエラーもしくは漏れ、または当該コンテンツを利用した結果として生じるあらゆる種類の損失もしくは損害など)に関して何らの責任を負いません。利用者は、RiseSmartがコンテンツに対する事前検査を行わないこと、また、RiseSmartおよびその代理者は自らの裁量で本サービスを介して提供されるコンテンツを拒否または削除できる権利を有すること(ただし、義務ではない)について承諾します。利用者は、コンテンツを評価し、その利用(当該コンテンツの正確性、完全性または有用性に対する信頼を含む)に関するすべてのリスクを負担する義務を負うことに同意します。
8. 責任の限定
いかなる場合においても、またいかなる法理に基づいても(契約、不法行為またはその他のいずれに基づく場合を問わない)、RiseSmartは、利用者または第三者に対して(a)間接的損害、付随的損害、特別的損害、過重的損害、派生的または懲罰的損害(逸失利益、販売機会の喪失、事業機会の喪失、データ喪失、事業中断を含む)、または(b)利用者が請求を申し立てる原因となった事由の発生前6か月間に利用者が実際に支払った料金(料金が発生していない場合は100米ドル)を超える直接損害、費用負担、損害賠償に関する責任を負わないものとします。本条の規定は、本利用規約に基づくリスクを両当事者間で分配するものであり、両当事者は、これらを理解したうえで、本利用規約を締結するものとします。
9. 補償
利用者は、利用者による本利用規約違反、利用者コンテンツまたは本サービスに対するその他のアクセス、寄与、利用もしくは不正利用に起因または関連する請求、訴訟または要求(相当の弁護士費用および会計処理手数料を含む)からRiseSmartを防御し、補償し、損害を被らせないようにするものとします。かかる請求、訴訟または要求が申し立てられた場合、RiseSmartは利用者にその旨を通知するものとします。RiseSmartは、本条に基づく補償の適用を受ける問題について、単独で防御および管理を行う権利を留保します。この場合、利用者は、RiseSmartによる当該問題の防御に対する合理的な支援要請に協力することに同意します。上記規定にかかわらず、利用者は、RiseSmartに対する請求、訴訟または要求がRiseSmartの作為または不作為の結果として申し立てられたものである場合、RiseSmartを補償し、防御し、損害を被らせないようにする責任を負わないものとします。
10. 譲渡
利用者は、RiseSmartから書面による事前の同意を得ることなく本利用規約を譲渡してはなりません。ただし、RiseSmartは、何らの制限を受けることなく本利用規約の全部または一部を譲渡または移転できるものとします。
11. 準拠法
本利用規約は、抵触法の原則に拘わらず、米国カリフォルニア州法に準拠するものとします。RiseSmartが特定の事件において特段の選択をした場合を除き、利用者は本利用規約により、利用者による本サービスへのアクセスまたは利用に関する紛争を解決する目的においては、カリフォルニア州の連邦裁判所および州裁判所を第一審の専属的合意管轄裁判所とすることに明示的に同意します。
12. DMCA
1998年デジタルミレニアム著作権法(「DMCA」)とは、米国の著作権法に基づく自らの権利がインターネット上に表示された素材によって侵害されていると確信する著作権者の償還請求権を規定するものです。RiseSmartは、侵害が疑われるとの通知に対してすみやかに対処および調査を行うとともに、侵害の疑いまたは現実の侵害に関して、DMCAおよび適用されるその他の知的財産権法に基づき適切な処置を講じるものとします。著作権侵害が疑われることの通知は、(件名を「DMCAに基づく削除リクエスト」としたうえで)RiseSmartの著作権エージェント(user.support@risesmart.com)宛てにメールしてください。または、下記に郵送してRiseSmartに連絡することもできます。
Attention:Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
注記: 有効な通知は、書面により、次に掲げる情報を記載して行う必要があります。
- 当該著作権または知的財産に関するその他の権益の権利者を代表して行為をなすための権限を付与された者の電子的または物理的署名。
- 侵害を受けていると主張する著作物またはその他知的財産に関する説明。
- 侵害性を主張する素材が本サイト上のいずれの場所に表示されているのかに関する説明(RiseSmartが本サイト上で発見できる程度に十分詳細であること)。
- 住所、電話番号およびメールアドレス。
- 侵害性が疑われる利用に対しては当該著作権または知的財産の権利者、そのエージェントまたは法律による許可が付されていないことを確信している旨の申述書。
- 通知に記載された上記情報が正確である旨、また、当該著作権または知的財産の権利者である旨、当該著作権または知的財産の権利者を代表して行為をなす権限を付された者である旨の申述書(虚偽である場合は偽証罪に問われることを条件として申述すること)。
13. Apple用ソフトウェアアプリケーション
RiseSmartは、プラットフォームの中でも、特にApple Inc.(「Apple」)が市販品として提供する製品に関連して操作することが意図されたソフトウェアアプリケーションを提供しています。Appleブランドの製品に関連して利用するために提供するソフトウェア(かかるソフトウェアを「Apple用ソフトウェア」という)に対しては、本利用規約に定めるその他の条件に併せて次の条件が適用されます。
- RiseSmartおよび利用者は、本利用規約がRiseSmartと利用者との間でのみ締結されるものであり、Appleを当事者としないこと、また、RiseSmartとAppleとの間では、Apple用ソフトウェアおよびそのコンテンツに関する責任をAppleではなくRiseSmartが単独で負うものであることを承諾します。
- 利用者は、Apple用ソフトウェアに関して定められた利用規則に違反し、もしくは適合せず、またはアプリストア利用規約の定めに矛盾するその他の方法でApple用ソフトウェアを利用してはなりません。
- Apple用ソフトウェアを利用するための利用者のライセンスは、アプリストア利用規約で定める利用規則が認めるところにより、利用者が所有または管理するiOS製品上でApple用ソフトウェアを利用するための移転不可ライセンスに限定されます。
- Appleは、Apple用ソフトウェアに関する保守またはサポートサービスを提供する義務を一切負いません。
- Appleは法律による明示または暗示の製品保証を行う責任を負いません。Apple用ソフトウェアが適用される保証条件を満たしていない場合、利用者からAppleにその旨を通知でき、Apple用ソフトウェアの購入価格(該当する場合)がAppleから利用者に返金されます。Appleは、適用法により許容される最大範囲で、Apple用ソフトウェアに関して、または保証条件を満たしていないことに起因するその他の請求、損失、責任、損害、費用もしくは経費に関してその他の保証義務を一切負わないものとし、これらについては、適用法に基づき免除されない範囲でRiseSmartが単独で責任を負うものとします。
- RiseSmartおよび利用者は、Apple用ソフトウェアの保有および/もしくは利用に関して利用者または第三者から請求が申し立てられた場合((i)製造物責任に基づく請求、(ii)Apple用ソフトウェアが適用される法令もしくは要件を満たしていないことに関する請求、および(iii)消費者保護法もしくは同様の法律に基づく請求など)、これらに対応する責任は、AppleではなくRiseSmartが負うものであることを承諾します。
- Apple用ソフトウェアまたはエンドユーザーによる当該Apple用ソフトウェアの保有および利用が第三者の知的財産権を侵害しているとの請求が当該第三者から申し立てられた場合、RiseSmartとAppleとの間では、AppleではなくRiseSmartが当該知的財産侵害請求に関する調査、防御、和解および義務履行に関する責任を単独で負うものとします。
- 利用者は、(i)米国政府の禁輸措置対象国、または米国政府の「テロ支援」国家指定国に所在していないこと、および(ii)米国政府の禁止もしくは制限対象当事者リストに記載されていないことを表明し、保証します。
- Apple用ソフトウェアに関する疑問、苦情または請求は、下記RiseSmart宛に申し立ててください。
RiseSmartおよび利用者は、AppleおよびAppleの子会社がApple用ソフトウェアに関して本利用規約の第三受益者であること、また、利用者が本利用規約の利用条件を承諾した時点で、AppleがApple用ソフトウェアの第三受益者として本利用規約を利用者に執行する権利を有するものであること(また、当該権利に関して承諾を得たとみなされること)について、承諾し同意します。
- 詳細については、http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpufをご覧ください。
14. 他のサイトへのリンク
本サービスには外部ウェブサイトへのリンクが含まれている場合があります。これらのリンクは利用者の便宜を図る目的においてのみ提供されるものであり、これら外部ウェブサイトのコンテンツをRiseSmartが推奨するものではありません。RiseSmartは、リンク先外部サイトのコンテンツに関して責任を負わず、また、外部ウェブサイト上の資料の内容または正確性について何らの表明も行いません。リンク先外部ウェブサイトへのアクセスは、利用者自身のリスクで行ってください。
15. モバイルデバイス
モバイルデバイスから本サービスを利用する場合、利用者によるモバイルデバイスを介した本サービスの利用および通信事業者に関する情報(ご利用の携帯通信事業者、利用者のモバイルデバイスまたは位置情報など)がRiseSmartに通知されることに同意します。また、モバイルデバイスから本サービスを利用する場合、利用者のモバイルデバイスにデータが表示されることがあります。利用者は、モバイルデバイスから本サービスにアクセスすることにより、RiseSmartデータをモバイルデバイスにインポートする範囲で、利用する携帯通信事業者またはアクセスプロバイダーに当該データを共有する権限を有することを表明することになります。モバイルデバイス/アカウントを変更または無効化する場合、利用者は、アカウント(および該当する場合は関連のメッセージ)が他人からアクセスされない(または他人に送信されない)ように確保する必要があり、これを怠る場合の責任は、利用者が負います。利用者は、モバイルデバイスおよびプロバイダーを通じて本サービスにアクセスする場合、これらに要する料金および必要な許可については、すべて利用者が責任を負うことを承諾します。故に利用者は、プロバイダーに対し、特定のモバイルデバイスに関するこれらのサービスについての規定を確認する必要があります。本サービスを利用できるようにするダウンロード形式のアプリケーションを利用することにより、利用者は、ダウンロードまたはインストールの際に提供される当該アプリケーションのエンドユーザーライセンス契約の規定(または随時更新される当該規定)を明示的に承諾したものとみなされます。
発効日:2019年1月18日
Effective March 24th 2021 to May 25th 2021
DownloadTable of Contents
1. 条件の承諾
1.1 RiseSmart(ランスタッド株式会社)およびその関連会社(「RiseSmart」と総称)は、RiseSmartが管理するウェブサイト(http://www.RiseSmart.comなど)(「本サイト」と総称)を通じ、この利用規約(「本利用規約」)に従ってサービス(「本サービス」と総称、下記で定義)を利用者に提供します。本利用規約を承諾し、または本サービスおよび本サイトにアクセスすることにより、利用者は本利用規約を読み理解したうえで法的に拘束されることを承諾したことになります。本利用規約に同意していただけない場合は、本サービスはご利用いただけません。
1.2 RiseSmartは随時、予告なく本利用規約を変更できるものとします。変更後の利用条件は、掲載された時点から有効となります。利用者が掲載日以降に本サービスを利用した場合、変更後の利用条件を承諾したことになります。本利用規約の変更を承諾していただけない場合は、本サービスへのアクセスおよび利用が中止されます。
2. サービスの説明
本サービスには、(a)本サイト、(b)RiseSmartの再就職支援サービスおよびキャリア管理サービス、その他の関連サービス(ファイル管理サービスおよび分析サービスを含む)、ならびに関連の技術およびアプリケーション(モバイルまたはその他のインターフェイスを介してアクセスするアプリケーションやサービスを含むが、これに限定されない)、(c)すべてのソフトウェア(「本ソフトウェア」と総称、下記に定義するソフトウェアを含む)、素材、ポータル、助言、求人情報、データ、レポート、テキスト、画像、音声、動画、解析およびこれらのいずれかを通じて提供されるその他のコンテンツ(「本コンテンツ」と総称)が含まれます。本サービスに関して新たな機能が追加または拡張された場合にも、本利用規約が適用されます。
3. 一般条件/サービスへのアクセスおよび利用
3.1 利用者は、適法な目的においてのみ、そして、本利用規約の条件に従うことによって、本サービスにアクセスし利用することができます。本サービスおよびその構成要素に関するあらゆる権利、権原および権益は、引き続きRiseSmartに帰属し、RiseSmartが単独でその権利を有するものとします。
利用者は、次に掲げる行為を、自らまたは第三者に行わせてはならないものとします。
(a)本サービスをコピー、複製、変更、削除、配布、ダウンロード、保存、送信、公開、二次的著作物の作成、リバースエンジニアリング(分解し自社製品に利用すること)、逆アセンブル(ソースコードの復元を目的とした変換)、もしくは(直接または間接を問わず)その他の方法によるソースコード抽出の試み、販売、サブライセンス、再販売、貸与、リース、移転、譲渡もしくはタイムシェアを行い、またはその他の方法で本サービスを商用利用し、もしくは第三者に提供すること。
(b)違法な方法(データ、プライバシーもしくは輸出管理に関する法律の違反を含む)により、または本サービスもしくはその構成要素の完全性もしくは性能を妨害もしくは阻害する方法により本サービスを利用すること。
(c)本サービスを変更、翻案もしくはハッキングすること、またはその他の方法で本サービスもしくは関連のシステムもしくはネットワークへの不正アクセスを試みること。
(d)他のウェブサイトもしくはメディア(ネットワーク環境など)で本コンテンツを利用すること。
利用者は、RiseSmartが利用者に提供するか本サービスに関して公開する行動規範、ポリシーまたはその他の通知を遵守するものとします。また利用者は、本サービスに関するセキュリティ違反に気付いた場合、すみやかにRiseSmartに通知するものとします。上記に加え、特定のサービスを利用する場合、利用者は、当該サービスに対して併せて適用される規程(本サービス上に随時掲載され、RiseSmartの個人情報保護方針を含む)に従うものとします。
3.2 本サービスに関連してRiseSmartが提供する本ソフトウェアには、適用される知的財産法またはその他法律により保護される専有情報および秘密情報が含まれます。
RiseSmartは、本利用規約に定める条件に従うことによって、本利用規約により、本ソフトウェアのオブジェクトコードを利用(ただし、専ら本サービスに関連して、かつ1台のデバイス上で利用する場合に限る)する個人的、譲渡不可かつサブライセンス不可の非独占的権利およびライセンスを利用者に付与します。利用者は、本サービスへのアクセス時に利用することを目的としてRiseSmartが提供するインターフェイス以外の手段を通じて本サービスにアクセスしないことに同意します。本利用規約で明示的に付与されていない権利は、留保されます。また本サービスに関して、RiseSmartまたは第三者の商標を利用するライセンスまたは権利が利用者に付与されることはありません。
3.3 本サービスに関連して利用者がアップロード、掲載、交付、提供またはその他の方法で送信もしくは保存(「送信」と総称)するあらゆるデータ、情報、フィードバック、提案、テキスト、コンテンツおよびその他の資料(「利用者コンテンツ」)については、利用者が単独でその責任を負います。
利用者は、本サービスに関して送信した利用者コンテンツが(a)利用者が求職またはキャリア開発のために本サービスを利用する場合は、履歴書、経歴データおよび職歴情報などが、正確、真実、適法、適切、誠実かつ完全であること、ならびに(b)バグ、ワームまたはウィルスが含まれていないことを本利用規約により表明し、保証します。利用者が上記の規定に違反しているとRiseSmartが判断した場合、または本利用規約に違反している場合、利用者は、RiseSmartが本サービスから利用者コンテンツを削除できることについて同意します。
利用者は、ログイン、パスワードおよびアカウントに関する秘密性、ならびにログイン中またはアカウント上で生じるすべての活動に関する秘密性を維持する責任を負います。
RiseSmartは、利用者の技術サポートリクエストに対応するために利用者のアカウントにアクセスする権利を留保します。利用者は、利用者コンテンツを本サービス上でまたは本サービスを通じて送信することにより、本サービスに関して利用者コンテンツを利用、変更、複製、配布、展示、公開および実行するための、全世界での、非独占的、永続、取消不可、使用料無料、全額支払済み、サブライセンス可能かつ移転可能なライセンスを本利用規約によりRiseSmartに付与します。
RiseSmartは、本サービス、本コンテンツまたは利用者コンテンツを検査またはモニタリングする権利を有するものとします。ただし、これらを行う義務を負うものではありません。また利用者は、理由の如何を問わず(本コンテンツについて第三者もしくは行政機関から請求もしくは申立てを受けた場合など)、または何らの理由が存在しない場合であっても、RiseSmartがいつでも当該本コンテンツを削除またはその提供を中止できることに同意します。
3.4 利用者は、本サービス(利用者コンテンツを含む)が暗号化されずに運営される場合があること、また、かかる運営の内容として、(a)さまざまなネットワーク上での送信、(b)ネットワークもしくはデバイスに接続するための技術的要件を確認し、これらに適応させるための変更、(c)本サービスの運営維持に必要なハードウェア、ソフトウェア、ネットワーク、ストレージおよび必要な関連技術を提供することを目的として行うRiseSmartの第三者ベンダーおよびホスティングパートナーへの送信、ならびに(d)利用者に対する本サービス提供に関するその他の第三者への送信が行われる場合があることについて了承します。よって利用者は、利用者コンテンツのセキュリティ、保護およびバックアップを自ら適切に行う責任を単独で負うことについて承諾します。RiseSmartは、利用者コンテンツの不正アクセスもしくは不正利用、または利用者コンテンツの破損、削除、破壊もしくは消失について利用者に対する責任を一切負わないものとします。
3.5 求職者またはキャリア開発希望者に関しては、上記に加え、本サービスを通じて提供を受けまたは取得した求人情報およびその他の情報を管理するにあたり、自身の意見、注意力および判断力を用いること、ならびに、本サービスを通じて提供を受けた本コンテンツ(求人またはキャリアアドバイスもしくは提言を含む)を信頼または利用する際のリスクについては、利用者が負うことに同意します。
3.6 RiseSmartが本利用規約に定めるいずれかの権利または規定を行使または執行しない場合であっても、当該権利の放棄には該当しないものとします。利用者は、本利用規約が電子形式であり利用者およびRiseSmartの署名が物理的に付されていないことにかかわらず、本利用規約が利用者とRiseSmartとの間における契約であること、ならびに、本利用規約は本サービスを利用する際に適用されるものであり、利用者とRiseSmartとの間で従前に交わされた類似の契約に置き換わることについて承諾します。
3.7 利用者は、次に定める場合にRiseSmartのクライアントがRiseSmartを活用することがあることについて承諾します。
(a)クライアントの現在および/もしくは過去の従業員のうち、クライアントに雇用される、もしくは解雇が予定されるの者による本サービスを通じた転職活動を支援する場合(「再就職支援」)、または
(b)クライアントの現在の従業員による本サービスを通じたキャリア開発を支援する場合(「キャリア開発支援」)
((a)および(b)を「クライアントエンゲージメント」と総称)。
((a)および(b)を「クライアントエンゲージメント」と総称)。
利用者がクライアントエンゲージメントに基づく再就職支援を受けることを目的として本サービスを利用するものである場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況や利用範囲、求職に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報を、いずれも個別的または集約的な形式でクライアントに提供することがあります。
利用者がクライアントエンゲージメントに基づくキャリア開発支援を受けることを目的として本サービスを利用するものである場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況や利用範囲、求職もしくはキャリア開発に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報を、いずれも集約的な形式で当該クライアントに提供することがあります。
クライアントエンゲージメントに関して利用者およびクライアントから提供を受けた情報をRiseSmartが収集、利用および共有する場合の詳細については、RiseSmartの個人情報保護方針をご覧ください。
3.8 利用者がクライアントエンゲージメントに基づき本サービスを利用するものである場合、いかなる場合にも、利用者は、提供されるサービスが利用者に対するアクセス権付与を基礎付ける当該クライアントエンゲージメントの範囲、期間またはその他の制限を超えないことを承諾します。
3.9 利用者は、次に定める事項について同意します。
(a)RiseSmartが、本サービスの利用に関する一般的な慣行および制限(本サービスにより本コンテンツまたは利用者コンテンツが保有される最長期間に関する制限、および利用者のために割り当てられる最小のストレージスペースなど)を設けることができること。
(b)本サービスを通じて維持またはアップロードされた本コンテンツまたは利用者コンテンツが削除され、または保存されなかった場合であっても、RiseSmartが一切の責任を負わないこと。
(c)RiseSmartが、(i)法的手続、適用法もしくは政府要請を遵守し、(ii)本利用規約を執行し、(iii)本コンテンツもしくは利用者コンテンツが第三者の権利を侵害しているとの請求に対応し、または(iv)RiseSmart、そのユーザーおよび公共の権利、財産もしくは個人の安全を保護するために、RiseSmartが法律に基づき要求された場合、または保存または開示が合理的に必要であると誠実に判断した場合、RiseSmartが本コンテンツおよび利用者コンテンツを保全するか、また本コンテンツおよび利用者コンテンツを開示することができること。
また利用者は、理由の如何を問わず(本コンテンツもしくは利用者コンテンツについて第三者もしくは行政機関から請求もしくは申立てを受けた場合など)、または何らの理由が存在しない場合であっても、RiseSmartがいつでも本コンテンツまたは利用者コンテンツを削除またはその提供を中止できることに同意します。
4. 支払
本サービスまたはその一部の提供に料金が必要となる場合(かつRiseSmartのクライアントが支払を行わない場合)、利用者は、支払方式を選択し、クレジットカードまたはその他の支払手段に関する情報をRiseSmartに提供する義務を負います。利用者は、かかる情報が真実であること、また当該支払手段を利用する権限を有することをRiseSmartに表明し、保証します。アカウント情報に何らかの変更(請求先住所またはクレジットカードの有効期限に関する変更など)が生じた場合、利用者はすみやかに情報を更新するものとします。
利用者は、支払方式および本利用規約の規定に従い、当該支払方法に定める金額をRiseSmartに支払うことに同意します。利用者は、本利用規約により、アカウントが失効するまでの間、適用される支払方式の規定に従い、RiseSmartが利用者の支払手段に対して定期的に前払金の請求を行うことを許可するとともに、関連の手数料を支払うことにも同意します。手数料の支払をご了承いただけない場合、RiseSmartからの請求があった日から60日以内にその旨をRiseSmartに通知する必要があります。
RiseSmartは、料金をいつでも変更する権利を留保します。RiseSmartが料金変更を行う場合は、当該変更が有効となる30日以上前に、(RiseSmartの選択するところにより)本サイトまたは利用者宛のメールにて変更を通知します。価格変更後に引き続き本サービスを利用した場合、当該変更後の金額について同意したものとみなされます。利用者がクライアントエンゲージメントに基づき本サービスを利用するものである場合、RiseSmartから利用者に提供することをクライアントが許可した特定の本サービスパッケージに要する費用をクライアントに対して請求します。
5. 表明および保証
利用者は、利用に際して次のとおり同意します。
いずれかの法域の地域、州および連邦などの法令および制定法(米国の輸出法令、差別禁止法または雇用機会均等法など)に違反しないこと。第三者の知的財産権およびプライバシー権(特許、著作権、商標または営業秘密など)を侵害しないこと。違法、侮辱、中傷、詐欺、不正、誤解、有害、脅迫、嫌がらせ、わいせつ、あるいは不快にあたる資料をアップロード、掲載、送信または保存しないこと。利用者に課せられた契約上の義務または秘密保持義務に違反しないこと。ウィルス、ワーム、スクリプト、マクロもしくはあらゆる種類の有害コードを掲載もしくは送信する、何度も繰り返し掲載する、または異常に大量の、もしくはRiseSmartが認めていないデータ(許可されていない広告資料、未承諾の宣伝資料、ジャンクメール、スパムメール、チェーンメール、ネズミ講、フランチャイズ、販売権、クラブメンバーシップ、販売契約もしくは認められていないその他の資料など)を掲載するといった方法で、本サービスの通常の運営を阻害または妨害しないこと。本サービスを悪用して他人のプライバシー権または個人の権利を侵害(他人に対する嫌がらせもしくはストーキング、未承諾メールの送信および他人の個人情報収集など)しないこと。本サービスのセキュリティ対策に違反したり、違反を試みたりしないこと。RiseSmartから書面による事前の承諾を得ることなく、本サービスをモニタリング、回復、検索またはアクセスするデバイス、プロセスまたは仕組み(スパイダーもしくはロボットなど)を利用しないこと。本サービスに記載されている第三者のアカウントにアクセスもしくはログインしたり、アクセスを試みたりしないこと。履歴書、経歴データまたは職歴情報などに関して不正確、虚偽または不完全な情報を掲載したり、送信したりしないこと。個人または団体への成りすましを行わないこと。電子的な投稿メッセージまたはメールのヘッダー情報を偽造しないこと。利用者自身、利用者と第三者との関係性または所属団体を偽らないこと。
6. 失効
利用者は、本サイトに定める手続または利用者に別途交付する手続(いずれか該当する方)に従い、いつでも利用者アカウントを失効させる権利を有するものとします。利用者がクライアントエンゲージメントに基づき本サービスを利用するものである場合、本サービスへの利用者のアクセス権は、当該クライアントエンゲージメントが満了または解除となった時点で失効することを承諾します。RiseSmartは、利用者が本利用規約に違反したとRiseSmartが判断する場合を含め、理由の如何を問わず、(i)本サービス(またはその一部)を一次的または永続的に変更もしくは提供中止する権利、ならびに(ii)現在および将来における本サービスの利用をすべて拒否し、利用者のアカウント(またはその一部)または本サービスの利用を停止もしくは失効させ、本サービス内の利用者コンテンツを削除および破棄することができます。RiseSmartは、本サービスの変更、停止または提供中止に関して、利用者または第三者のいずれに対しても一切責任を負いません。RiseSmartは、利用者のアカウントを停止または失効させる前に誠意をもって利用者に連絡して警告するよう努めるものとします。本サービス内のすべての利用者コンテンツ(ある場合)は、利用者アカウントが失効した際、RiseSmartの単独の裁量により永久に削除できるものとします。RiseSmartが何らの理由に基づかず利用者のアカウントを失効させ、かつ、利用者が料金負担を伴うサービス(クライアントエンゲージメントは除く)に登録していた場合、RiseSmartは、当該サービスに対して利用者がRiseSmartに支払った金額のうち、未使用の部分を日割計算して返金するものとします。ただし、支払に関して生じたすべての権利および第4条から第12条の規定は、本利用規約の解除後も存続するものとします。
7. 免責事項
本サイト、本コンテンツ(求人、キャリア開発リード、推薦および分析など)ならびにすべてのサーバーおよびネットワークコンポーネントを含む本サービスは、何らの保証なく「現状のまま」かつ「提供可能な限度」で提供されるものであり、RiseSmartは、明示または暗示を問わず、あらゆる保証責任(商品性、権利、特定の目的への適合性および非侵害性に関する暗示の保証など)を負いません。利用者は、本サービスに中断がなく、適時かつ安全で、エラーもしくはウィルスがないことをRiseSmartが保証するものではないこと、および利用者がRiseSmartまたは本サービスを通じて取得した情報、アドバイスまたはサービスは、本利用規約に明示されていない保証責任が生じるものではないことを承諾します。
求職者またはキャリア開発希望者に関しては、上記規定の一般性を制限することなく、次に定めるとおりとします。(a)利用者は、RiseSmartが利用者のアカウントに掲載する求人が何らの審査を経ることなく第三者から提供されたものであることについて承諾し、同意します。(b)RiseSmartは、求人もしくはその他の情報が正確かつ適法であること、利用者が本サービスを利用することにより確実に職もしくはキャリア開発を得られること、または、本サービスを利用することにより利用者が発見した職もしくはキャリア開発が利用者のニーズに適合し、もしくは利用者にとって適切であることを保証するものではありません。RiseSmartは、いかなる状況においても、第三者(ユーザーを含む)のコンテンツまたは資料(コンテンツ内のエラーもしくは漏れ、または当該コンテンツを利用した結果として生じるあらゆる種類の損失もしくは損害など)に関して何らの責任を負いません。利用者は、RiseSmartがコンテンツに対する事前検査を行わないこと、また、RiseSmartおよびその代理者は自らの裁量で本サービスを介して提供されるコンテンツを拒否または削除できる権利を有すること(ただし、義務ではない)について承諾します。利用者は、コンテンツを評価し、その利用(当該コンテンツの正確性、完全性または有用性に対する信頼を含む)に関するすべてのリスクを負担する義務を負うことに同意します。
8. 責任の限定
いかなる場合においても、またいかなる法理に基づいても(契約、不法行為またはその他のいずれに基づく場合を問わない)、RiseSmartは、利用者または第三者に対して(a)間接的損害、付随的損害、特別的損害、過重的損害、派生的または懲罰的損害(逸失利益、販売機会の喪失、事業機会の喪失、データ喪失、事業中断を含む)、または(b)利用者が請求を申し立てる原因となった事由の発生前6か月間に利用者が実際に支払った料金(料金が発生していない場合は100米ドル)を超える直接損害、費用負担、損害賠償に関する責任を負わないものとします。本条の規定は、本利用規約に基づくリスクを両当事者間で分配するものであり、両当事者は、これらを理解したうえで、本利用規約を締結するものとします。
9. 補償
利用者は、利用者による本利用規約違反、利用者コンテンツまたは本サービスに対するその他のアクセス、寄与、利用もしくは不正利用に起因または関連する請求、訴訟または要求(相当の弁護士費用および会計処理手数料を含む)からRiseSmartを防御し、補償し、損害を被らせないようにするものとします。かかる請求、訴訟または要求が申し立てられた場合、RiseSmartは利用者にその旨を通知するものとします。RiseSmartは、本条に基づく補償の適用を受ける問題について、単独で防御および管理を行う権利を留保します。この場合、利用者は、RiseSmartによる当該問題の防御に対する合理的な支援要請に協力することに同意します。上記規定にかかわらず、利用者は、RiseSmartに対する請求、訴訟または要求がRiseSmartの作為または不作為の結果として申し立てられたものである場合、RiseSmartを補償し、防御し、損害を被らせないようにする責任を負わないものとします。
10. 譲渡
利用者は、RiseSmartから書面による事前の同意を得ることなく本利用規約を譲渡してはなりません。ただし、RiseSmartは、何らの制限を受けることなく本利用規約の全部または一部を譲渡または移転できるものとします。
11. 準拠法
本利用規約は、日本法に準拠するものとします。RiseSmartが特定の事件において特段の選択をした場合を除き、利用者は本利用規約により、利用者による本サービスへのアクセスまたは利用に関する紛争を解決する目的においては、東京地方裁判所又は東京簡易裁判所を第一審の専属的合意管轄裁判所とすることに明示的に同意します。
12. DMCA
1998年デジタルミレニアム著作権法(「DMCA」)とは、米国の著作権法に基づく自らの権利がインターネット上に表示された素材によって侵害されていると確信する著作権者の償還請求権を規定するものです。RiseSmartは、侵害が疑われるとの通知に対してすみやかに対処および調査を行うとともに、侵害の疑いまたは現実の侵害に関して、DMCAおよび適用されるその他の知的財産権法に基づき適切な処置を講じるものとします。著作権侵害が疑われることの通知は、(件名を「DMCAに基づく削除リクエスト」としたうえで)RiseSmartの著作権エージェント(user.support@risesmart.com)宛てにメールしてください。または、下記に郵送してRiseSmartに連絡することもできます。
Attention:Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
注記: 有効な通知は、書面により、次に掲げる情報を記載して行う必要があります。
- 当該著作権または知的財産に関するその他の権益の権利者を代表して行為をなすための権限を付与された者の電子的または物理的署名。
- 侵害を受けていると主張する著作物またはその他知的財産に関する説明。
- 侵害性を主張する素材が本サイト上のいずれの場所に表示されているのかに関する説明(RiseSmartが本サイト上で発見できる程度に十分詳細であること)。
- 住所、電話番号およびメールアドレス。
- 侵害性が疑われる利用に対しては当該著作権または知的財産の権利者、そのエージェントまたは法律による許可が付されていないことを確信している旨の申述書。
- 通知に記載された上記情報が正確である旨、また、当該著作権または知的財産の権利者である旨、当該著作権または知的財産の権利者を代表して行為をなす権限を付された者である旨の申述書(虚偽である場合は偽証罪に問われることを条件として申述すること)。
13. Apple用ソフトウェアアプリケーション
RiseSmartは、プラットフォームの中でも、特にApple Inc.(「Apple」)が市販品として提供する製品に関連して操作することが意図されたソフトウェアアプリケーションを提供しています。Appleブランドの製品に関連して利用するために提供するソフトウェア(かかるソフトウェアを「Apple用ソフトウェア」という)に対しては、本利用規約に定めるその他の条件に併せて次の条件が適用されます。
- RiseSmartおよび利用者は、本利用規約がRiseSmartと利用者との間でのみ締結されるものであり、Appleを当事者としないこと、また、RiseSmartとAppleとの間では、Apple用ソフトウェアおよびそのコンテンツに関する責任をAppleではなくRiseSmartが単独で負うものであることを承諾します。
- 利用者は、Apple用ソフトウェアに関して定められた利用規則に違反し、もしくは適合せず、またはアプリストア利用規約の定めに矛盾するその他の方法でApple用ソフトウェアを利用してはなりません。
- Apple用ソフトウェアを利用するための利用者のライセンスは、アプリストア利用規約で定める利用規則が認めるところにより、利用者が所有または管理するiOS製品上でApple用ソフトウェアを利用するための移転不可ライセンスに限定されます。
- Appleは、Apple用ソフトウェアに関する保守またはサポートサービスを提供する義務を一切負いません。
- Appleは法律による明示または暗示の製品保証を行う責任を負いません。Apple用ソフトウェアが適用される保証条件を満たしていない場合、利用者からAppleにその旨を通知でき、Apple用ソフトウェアの購入価格(該当する場合)がAppleから利用者に返金されます。Appleは、適用法により許容される最大範囲で、Apple用ソフトウェアに関して、または保証条件を満たしていないことに起因するその他の請求、損失、責任、損害、費用もしくは経費に関してその他の保証義務を一切負わないものとし、これらについては、適用法に基づき免除されない範囲でRiseSmartが単独で責任を負うものとします。
- RiseSmartおよび利用者は、Apple用ソフトウェアの保有および/もしくは利用に関して利用者または第三者から請求が申し立てられた場合((i)製造物責任に基づく請求、(ii)Apple用ソフトウェアが適用される法令もしくは要件を満たしていないことに関する請求、および(iii)消費者保護法もしくは同様の法律に基づく請求など)、これらに対応する責任は、AppleではなくRiseSmartが負うものであることを承諾します。
- Apple用ソフトウェアまたはエンドユーザーによる当該Apple用ソフトウェアの保有および利用が第三者の知的財産権を侵害しているとの請求が当該第三者から申し立てられた場合、RiseSmartとAppleとの間では、AppleではなくRiseSmartが当該知的財産侵害請求に関する調査、防御、和解および義務履行に関する責任を単独で負うものとします。
- 利用者は、(i)米国政府の禁輸措置対象国、または米国政府の「テロ支援」国家指定国に所在していないこと、および(ii)米国政府の禁止もしくは制限対象当事者リストに記載されていないことを表明し、保証します。
- Apple用ソフトウェアに関する疑問、苦情または請求は、下記RiseSmart宛に申し立ててください。
RiseSmartおよび利用者は、AppleおよびAppleの子会社がApple用ソフトウェアに関して本利用規約の第三受益者であること、また、利用者が本利用規約の利用条件を承諾した時点で、AppleがApple用ソフトウェアの第三受益者として本利用規約を利用者に執行する権利を有するものであること(また、当該権利に関して承諾を得たとみなされること)について、承諾し同意します。
- 詳細については、http://www.risesmart.com/terms-conditions#sthash.IZMwxrh4.dpufをご覧ください。
14. 他のサイトへのリンク
本サービスには外部ウェブサイトへのリンクが含まれている場合があります。これらのリンクは利用者の便宜を図る目的においてのみ提供されるものであり、これら外部ウェブサイトのコンテンツをRiseSmartが推奨するものではありません。RiseSmartは、リンク先外部サイトのコンテンツに関して責任を負わず、また、外部ウェブサイト上の資料の内容または正確性について何らの表明も行いません。リンク先外部ウェブサイトへのアクセスは、利用者自身のリスクで行ってください。
15. モバイルデバイス
モバイルデバイスから本サービスを利用する場合、利用者によるモバイルデバイスを介した本サービスの利用および通信事業者に関する情報(ご利用の携帯通信事業者、利用者のモバイルデバイスまたは位置情報など)がRiseSmartに通知されることに同意します。また、モバイルデバイスから本サービスを利用する場合、利用者のモバイルデバイスにデータが表示されることがあります。利用者は、モバイルデバイスから本サービスにアクセスすることにより、RiseSmartデータをモバイルデバイスにインポートする範囲で、利用する携帯通信事業者またはアクセスプロバイダーに当該データを共有する権限を有することを表明することになります。モバイルデバイス/アカウントを変更または無効化する場合、利用者は、アカウント(および該当する場合は関連のメッセージ)が他人からアクセスされない(または他人に送信されない)ように確保する必要があり、これを怠る場合の責任は、利用者が負います。利用者は、モバイルデバイスおよびプロバイダーを通じて本サービスにアクセスする場合、これらに要する料金および必要な許可については、すべて利用者が責任を負うことを承諾します。故に利用者は、プロバイダーに対し、特定のモバイルデバイスに関するこれらのサービスについての規定を確認する必要があります。本サービスを利用できるようにするダウンロード形式のアプリケーションを利用することにより、利用者は、ダウンロードまたはインストールの際に提供される当該アプリケーションのエンドユーザーライセンス契約の規定(または随時更新される当該規定)を明示的に承諾したものとみなされます。
発効日:2019年1月18日
Privacy policy ja_JP
Effective March 24th 2021
DownloadTable of Contents
RiseSmartの個人情報保護方針
RiseSmart(ランスタッド株式会社)およびその関連会社(「RiseSmart」と総称)は、RiseSmartが管理するウェブサイト(http://www.RiseSmart.com など)(「本サイト」と総称)を通じ、その利用規約(「本利用規約」)(http://www.RiseSmart.com/terms-conditions で閲覧可能)に従ってそのサービス(下記で定義)を利用者に提供します。
RiseSmartのサービス(「本サービス」)には、(a) 本サイト、(b) RiseSmartの再就職支援サービスおよびキャリア管理サービス、その他の関連サービス(ファイル管理サービスおよび分析サービスを含む)、ならびに関連の技術、また (c) すべてのソフトウェア、素材、ポータル、助言、求人情報、データ、レポート、テキスト、画像、音声、動画、解析およびこれらのいずれかを通じて提供されるその他のコンテンツ(「本コンテンツ」と総称)が含まれます。
RiseSmartは、本サービスを通じて収集および処理されるすべての情報の管理責任者です。本サービスに関して新たな機能が追加または拡張された場合にも、本利用規約およびこの個人情報保護方針(「本方針」)が適用されます。本方針は、本サービスに関して収集、送信やその他の方法で利用される個人識別情報(「個人情報」)およびその他の情報に関するRiseSmartの方針を定めるものです。サービスの利用中に収集される匿名情報は、「個人情報」には含まれません。
利用者の同意
RiseSmartに対して自主的に個人情報を提供する、あるいは本サービスを利用することにより、利用者は、個人情報および下記(および本サービスに関してRiseSmartが随時利用者に交付するその他の通知)に概要を記載する情報をRiseSmartが収集、送信および利用することに同意することになります。利用者は、上記同意を取り消し、RiseSmartに提供した情報を削除するようリクエストする権利を有するものとします。
利用者から受け取る個人情報
利用者が本サービスの利用を選択した場合、RiseSmartは、個人情報を直接RiseSmartに提供するよう利用者に求める場合があります。RiseSmartが利用者から受け取る情報は、次のとおりです。
- 利用者の氏名、現在または直近の役職、会社名、電話番号、住所、メールアドレスおよびその他の身元情報または連絡先情報
- 利用者の職歴およびその他の経験、学歴およびトレーニング歴、資格、職に関する希望条件、希望年収、関心事ならびにキャリアおよび経歴情報
- キャリア開発および求職における利用者の中間目標の進捗および状況に関する情報
- 利用者の顧客満足度に関する情報、または利用者のキャリア開発、求職および本サービスに関するフィードバック
上記に加え、利用者が本サービスを通じてRiseSmartとやり取りを行う場合、RiseSmartは、問い合わせのためRiseSmartに連絡したり、RiseSmartが実施するアンケートに回答する場合などで、利用者が自主的に情報提供する時に限り、その他の個人情報および関連情報を利用者から収集することがあります。
利用者は、本サービスに関するさまざまな局面(本サービスに関してオンライン登録または書面で行うアカウントの有効化、RiseSmartの求めに応じて記入する履歴書、チェックリストおよび質問事項、トレーニングおよびカウンセリングセッション、ディスカッション、メールの送受信、その他)において利用者の個人情報の提供を求められます。本サービスは、利用者のインターネットプロトコル(IP)アドレスも収集する場合があります。
利用者が本サービス上で個人のウェブアカウントを設定する場合、RiseSmartは、固有のユーザーネーム、パスワードおよび秘密の質問を設定し、アカウントにアクセスする際にはこれらのログイン情報を利用することを利用者に求めることがあります。利用者は、ユーザーネーム、パスワードおよび秘密の質問に関する情報の秘密性を維持することに同意し、この秘密性の維持を怠り、その結果として個人情報またはその他の情報の利用、盗難、改ざん、不正利用、漏えいまたはその他の損失が生じた場合は、利用者が全面的に責任を負うものとします。
利用者は、自身の情報へのアクセス権の提供をRiseSmartにリクエストする権利を有します。アクセスリクエストは、user.support@risesmart.com に送信してください。RiseSmartは、30日以内にかかるアクセスリクエストに対応します。
クライアントから受け取る個人情報
利用者は、次に定める場合にRiseSmartのクライアントがRiseSmartを活用することがあることについて承諾します。(a) クライアントの現在および/もしくは過去の従業員のうち、クライアントに雇用されている、もしくは解雇が予定されている従業員が本サービスを利用し転職活動の支援を受ける場合(「再就職支援」)、または (b) クライアントの現在の従業員が本サービスを利用しキャリア開発の支援を受ける場合(「キャリア開発支援」) ( (a) および (b) を「クライアントエンゲージメント」と総称)クライアントエンゲージメントに関連して、RiseSmartは、本サービスの対象者リストをクライアントから受け取ります。利用対象者に該当する場合、クライアントのリストには、利用者の氏名、現在または直近の役職、自宅住所、電話番号、メールアドレス、所属部署およびその他の個人情報が含まれることがあります。
RiseSmartは、利用者の雇用主または以前の雇用主が活用する本サービスを利用者に提供する目的および正当な利益のために利用者情報を処理します。RiseSmartは、適正な利用者に連絡をする目的においてのみクライアントから受け取った個人情報を利用します。
個人情報の海外移転
利用者またはクライアントが本サービスに関連して個人情報を提供する場合、利用者は、かかる個人情報が利用者またはクライアントが現在所在する地域から、米国またはその他の国に所在するRiseSmartおよび本方針で言及する第三者認定事業所およびサーバーに移転されることがあることについて承諾し同意します。
その他の情報およびCookieの利用
利用者が本サービスを通じてRiseSmartとやり取りを行う場合、RiseSmartは、個人が識別されない一定の情報を受け取り保存します。かかる情報はさまざまな技術を用いて受動的に収集されますが、現時点において、利用者を具体的に特定するために利用されることはありません。
上記に加え、RiseSmartは、本サービスの機能性の一部として個人が識別されないその他の情報を収集する場合(個人識別情報を含まない質問事項への回答の収集など)があります。RiseSmartが自らこれらの情報を保存する場合や、RiseSmartのエージェントまたはサービスプロバイダーが所有および維持するデータベースにこれらの情報が保存される場合があります。
RiseSmartは、本サイトまたは本サービスの訪問者数合計、本サイトまたは本サービスの各ページの訪問者数、および訪問者のインターネットサービスプロバイダーのドメイン名などをトラックするためにこれらの情報を利用し、その他の情報と共に保管する場合があります。重要な点として、上記に定めるとおり、利用者またはクライアントが自主的に提供した場合でない限り、個人情報がかかる処理のために提供されたり、利用されたりすることはありません。
RiseSmartは、本サービスの運営に際し、「Cookie」と呼ばれる技術を利用することがあります。 Cookieとは、利用者が本サービスにアクセスした際に、本サービスをホストしているコンピューターにより利用者のブラウザーに設定される情報です。RiseSmartのCookieは、本サービスにさらなる機能性を追加するとともに、RiseSmartが本サービスの利用状況をより正確に分析するのに役立ちます。たとえば、利用者のブラウザーにCookieを設定することにより、本サービスの訪問中、利用者がパスワードを複数回入力することなく本サービスにアクセスできるようになります。RiseSmartがCookieを利用する際、いかなる場合でも利用者の許可を得ることなく個人情報を収集することはありません。
RiseSmart(およびRiseSmartが許可した第三者サービスプロバイダー)は、利用者が、長期的に、また本サービス利用終了後も、他のウェブサイトにおいて何を閲覧したかに関する情報を収集するために、Cookieまたは類似の技術を利用する場合があります。本サービスは、現時点では「Do Not Track(DNT)信号」に対応しておらず、DNT信号を受信したかどうかにかかわらず、本方針の定めに従って動作します。RiseSmartが将来この対応を行う場合、RiseSmartの対応方法に関する説明については、本方針に記載します。
クライアントとの情報共有
利用者がクライアントエンゲージメントに基づく再就職支援サービスを受けることを目的として本サービスを利用する場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況や利用範囲、キャリア開発に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報(「再就職支援進捗データ」と総称)を、いずれも個別的または集約的な形式でクライアントに提供することがあります。RiseSmartは随時、RiseSmartがクライアントと共有することを許可された再就職支援進捗データを調整できるツールを利用者に提供します。
利用者がクライアントエンゲージメントに基づくキャリア開発支援を受けることを目的として本サービスを利用する場合、RiseSmartは、利用者を特定し、また利用者による本サービスの利用状況や利用範囲、求職に関する中間目標の進捗および状況、利用者の顧客満足度または本サービスに関するその他のフィードバックを示す進捗レポートおよびその他の情報(「キャリア開発進捗データ」と総称)を、いずれも集約的な形式でクライアントに提供することがあります。RiseSmartは随時、RiseSmartがクライアントと共有することを許可されたキャリア開発進捗データを調整できるツールを利用者に提供します。
RiseSmartがクライアントと共有する再就職支援進捗データまたはキャリア開発進捗データに関して質問または懸念がある場合は、user.support@risesmart.com にご連絡ください。
利用者情報に関するその他の利用および共有
RiseSmartは、サービスを利用者に提供する目的(利用者が具体的にどのような支援を受けたいと望んでいるかを判断する目的や、求職者に関しては、求人、求職トレーニング、履歴書作成支援および/またはその他の支援を提供する目的など)で、利用者の個人情報およびその他の情報を本サービスの範囲内で収集、送信および利用する場合があります。
RiseSmartは、(a)(本サービスのアカウントに利用者がアクセスしたり、RiseSmart従業員と連絡をしたりする場合などに)利用者を特定および確認する目的、または (b) 利用者のアカウントに関して、RiseSmartが、社内における本サービス活動の相談や調整、上層部への本サービスパフォーマンスに関する報告、社内トレーニング、またその他RiseSmartの事業を管理する目的のために利用者の個人情報を利用する場合があります。
利用者が特定の理由に基づき個人情報またはその他の情報を提供した場合、RiseSmartは、その理由に関連して当該個人情報またはその他の情報を利用することがあります。たとえば、利用者がメールでRiseSmartに連絡した場合、RiseSmartは、利用者からの質問事項または利用者が抱える問題に対応するために利用者が提供した個人情報を利用します。
RiseSmartは、次に定めるとおり、本サービスを通じて収集した利用者の個人情報およびその他の情報を利用および共有することがあります。
- RiseSmartがコンテンツおよび本サービスの機能性を向上させ、利用者をより深く理解し、また本サービスを向上させるため
- RiseSmartが事業または資産の売買を行う場合(会社の売却、吸収合併、組織変更、解散または類似の事由が生じた場合)個人情報およびその他の情報は、移転対象資産の一部となるため
- 本方針に適合する目的においてRiseSmartの関連会社と共有するため
- RiseSmartが分析などの特定の事業関連業務の遂行を他の企業に外注するため(これらの企業には、RiseSmartのサーバーをホストし、クライアントに管理ツールや連絡ツールを提供し、あるいは不正行為の発見および防止を支援するサービスなどを提供する企業を含む)
- 法律に基づき義務付けられる場合、または、(i) 法律上の義務を遵守し、(ii) RiseSmartの権利もしくは財産を保護し、(iii) 本サービスの利用者もしくは公共の安全を保護すべき緊急事態において対策を講じ、もしくは (iv) 法的責任を担保するための措置が必要であると確信する場合
集約された個人情報
本サービスの利用者をより深く理解し、より良いサービスを提供するために継続して行う努力の一環として、RiseSmartは、取得した個人情報およびその他の情報に基づいて利用者層、利用者の関心事、結果および活動内容に関する調査を実施することがあります。これらの調査のメトリックまたは分析は、集約的なデータとして蓄積されます。
RiseSmartは、この集約されたデータを関連会社、エージェントおよび事業パートナーと共有する場合があります。集約データによって、利用者個人が特定されることはありません。またRiseSmartは、本サービスを説明するために、現在および将来の事業パートナー、ならびにその他の合法的な目的を有する第三者に対して、集約された利用者の統計情報を開示する場合があります。
情報管理
RiseSmartは、利用者の個人情報またはその他の情報をすべてデジタル形式で受け取り、または入力することができます。RiseSmartは、これらの情報を、単独かつ独自のデータベースの記録に結合したうえで、米国またはその他の国でホスティングされているサーバーに保存する場合があります。利用者は、RiseSmartが保有する個人情報の正確性の確保を求める権利を有します。この正確性の確保を担保するために、RiseSmartは、利用者のアカウント内の個人情報およびその他の情報に関する概要を見直し、これらの情報を確認または修正することを利用者に要請する場合があります。
RiseSmart従業員は、任意の事務所、出張先または勤務地から、オンラインで利用者のアカウントにアクセスし、必要な処置事項を判断します。求職者に関しては、利用者のアカウントに求人情報を掲載する場合があります。
RiseSmartは、本サービスを介して提供された個人情報およびその他の情報が、紛失、不正利用、不正アクセス、漏洩、改ざん、または破棄されないよう保護するための合理的な措置を講じます。ただし、完全に安全でエラーがないインターネットまたはメール送信(具体的には、本サービスに関して送受信されるメールまたはその他の配信など)は存在しないため、メールまたはその他の送信手段を介してRiseSmartに送信する情報の内容を決定する際には、十分に注意してください。
他のウェブサイトへのリンク
本方針は、専ら本サービスに対して適用されます。本サービスには、RiseSmartが運営または管理する以外のウェブサイト(「外部サイト」)へのリンクが含まれている場合があります。本方針に定める内容および手続は、外部サイトには適用されません。本サービスからのリンクは、RiseSmartが外部サイトを推奨または審査したことを暗示するものではありません。外部サイトの個人情報保護方針については、当該外部サイトに直接アクセスしてください。
公開情報
本サービスの一般公開エリアに一方的に情報を掲載するなど、利用者が本サービスまたはその他の手段を通じて一方的にRiseSmartに個人情報を提供した場合、かかる一方的な情報は秘密保持の対象外とみなされます。RiseSmartは、何らの制限または出所明示を行うことなく、当該情報を任意に複製および利用し、また第三者に開示および配布できるものとします。公開エリアに掲載された情報は、本サービスへのアクセス権を有する者であれば、世界中、誰であってもアクセスおよび保存が可能です。
お子様による使用
RiseSmartは、13歳未満のお子様にはご利用いただけません。また、13歳未満のお子様と知りながらその情報を収集することもありません。
個人情報保護方針の変更
RiseSmartは、予告なく本方針を更新または変更する権利を留保します。(特に個人情報を提供する前に)定期的に本方針を確認してください。本方針の最終更新日は、末尾に記載されています。本方針の変更または更新後に引き続き本サービスを利用した場合、本方針の変更または更新後の規定について同意したものとみなされます。
RiseSmartへの連絡
個人情報の正確性、最新性および完全性を維持するためには、下記に従いRiseSmartに連絡してください。RiseSmartは、本サービスを介して利用者が提供しRiseSmartが保有する個人情報を更新または修正するための合理的な措置を講じます。
本方針またはプライバシーに関する問題または質問事項がある場合は、RiseSmartの個人情報保護責任者(DPO)へ次の住所に宛て連絡してください。
Privacy Office
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
欧州経済領域(EEA)およびスイスの利用者には、自国における個人情報保護監督機関に対して苦情を申し立てる権利が認められています。
発効日:2019年1月18日
cookie-policy ja_JP
Effective March 24th 2021
DownloadTable of Contents
不可欠なCookie
これらのCookieは、本ウェブサイトを機能させるために必要なものであり、当社システム内で無効化できません。これらは通常、利用者による行動(具体的には、利用者によるプライバシー設定、ログインまたはフォーム入力といったサービスリクエスト)に対してのみ設置されます。
利用者は、これらのCookieをブロックしたり、アラート表示をさせるようにブラウザーを設定できますが、この場合、本サイトの一部は機能しなくなります。これらのCookieは、個人識別情報を保存はしません。
使用されるCookies
- OptanonConsent
- OptanonAlertBoxClosed
- AWSELB
- JSESSIONID
- __cfduid
パフォーマンスCookie
これらのCookieを利用することにより、当社が訪問数およびトラフィックソースをカウントできるようになり、当社サイトの測定および性能向上に役立ちます。これらのCookieは、最も人気のある(また最も不人気な)ページを当社が把握したり、本サイトに関連する訪問者の行動を把握したりする場合に役立ちます。
これらのCookieが収集する情報はすべて集合的であるため、匿名性があります。これらのCookieを許可していただけない場合、当社は、利用者による当社サイト訪問時期を把握できず、その性能もモニタリングできません。
使用されるCookies
- hs_ab_test_4028162507
- _ga
- _mkto_trk
- __hstc
- __hssrc
- hsfirstvisit
- _gid
- __hssc
- _gat
- _hjIncludedInSample
- hs_ab_test
カテゴリー | Cookie |
app.listenloop.com | ll_u431_vid fk_u431_vid |
hs-analytics.net | __cfduid |
hubspot.net | __cfduid |
hubspot.com | __cfduid |
hs-scripts.com | __cfduid |
hsstatic.net | __cfduid |
機能性Cookie
これらのCookieにより、本ウェブサイトの機能性強化およびカスタマイズが可能となります。
これらは、当社により、または当社ページに当社が追加した第三者のサービスプロバイダーにより設定されます。
これらのCookieを許可していただけない場合、これらのサービスの全部または一部が適切に機能しないことがあります。
使用されるCookies
- _zcookie_
- __leadinmigrated
- __leadinutk
- __unam
- has_js
- SnapABugRef
- hubspotutk
- SnapABugHistory
- SnapABugVisit
- SnapABugChatWindow
カテゴリー | Cookie |
hsforms.net | __cfduid |
io.narrative.io | io.narrative.guid.v2 |
dpmsrv.com | dpm_pxl |
ndg.io | sessionid |
v12group.com | mc |
match.adsby.bidtheatre.com | __kuid |
img.webmd.com | __cfduid |
dmp.truoptik.com | __cflb |
cdn.viglink.com | __cfduid |
visiblemeasures.com | sid uid |
pool.admedo.com | tuuid_last_update tuuid |
entitytag.co.uk | json |
truoptik.com | __cfduid |
newton.newtonsoftware.com | csrf-token BNI_persistence AWSELB NSESSIONID |
api.at.getsocial.io | _smb_api_session LSW_WEB gs_user_id gs_pvid |
mmsho.com | mdxuid |
lkqd.net | lkqdid |
linksynergy.com | rmuid icts |
dlx.addthis.com | na_sc_x |
nextinsure.com | uid |
rezync.com | zync-uuid |
dsp.io | IOID EXID |
live.rezync.com | sd-session-id |
p.mmsho.com | __medicx_temp |
choozle.com | chzdpsync |
cs.popwal.it | pw-cid |
postrelease.com | visitor has_data |
adventori.com | tk_ui_third tk_ui |
tags.rd.linksynergy.com | SERVERID |
secure.insightexpressai.com | IgniteCookieSync |
prf.hn | tPHG-PS_sync |
trkn.us | barometric[cuid] |
popwal.it | pw-cid |
accounts.google.com | __utma GAPS LSID __utmz |
marchex.io | uid |
fzlnk.com | uuid |
links.services.disqus.com | vglnk.Agent.p vglnk.PartnerRfsh.p |
view.vzaar.com | _video-distributor-2_session |
ターゲティングCookie
これらのCookieは、当社の広告パートナーにより当社サイトを通じて設定されます。
これらは、利用者の関心事に関するプロフィールを作成したり、他のサイト上で関連する広告を利用者に表示したりするために広告パートナーが利用します。
これらは、個人情報を直接保存するものではありませんが、独自に識別される利用者のブラウザーおよびインターネットデバイスに基づくものです。これらのCookieを許可していただけない場合、ターゲット広告に関するユーザーエクスペリエンスが低下します。
使用されるCookies
- _bizo_cksm
- _bizo_bzid
- _bizo_np_stats
カテゴリー | Cookie |
facebook.com | datr lu |
openx.net | i |
clickagy.com | cb |
demdex.net | demdex |
simpli.fi | uid |
turn.com | uid |
domdex.com | PIXELyvirenzc PIXELivtyvax PAD |
exelator.com | ud EE |
addthis.com | cw_id na_tc mus uid |
hlserve.com | hmGUID |
videoamp.com | vampid |
gwallet.com | ra1_pd_1899195769 ra1_pd_1716820617 ra1_uid ra1_pd |
adbrn.com | tuuid |
tag.crsspxl.com | AWSELB |
company-target.com | tuuid_last_update iuuid tuuid |
krxd.net | _kuid_ |
pippio.com | pxrc didts nnls did |
adsnative.com | _uuid |
w55c.net | matchliveramp wfivefivec |
everesttech.net | everest_g_v2 |
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PP NEW RSE APAC
Apac New Eng TnC
Effective April 21st 2021
DownloadTable of Contents
TERMS & CONDITIONS
- Acceptance of Terms.
- RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
- RiseSmart may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
- Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
- General Conditions/ Access and Use of the Service.
- Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
- Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
- You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service will be accurate, true and complete (including with respect to your resume, biographical data and employment information, if you are
using the Service as a job seeker). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, You hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service.
RiseSmart has the right, but not the obligation, to monitor the Service, Content, or Your Content. RiseSmart does not screen or monitor any of Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
- You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
- If you are a job seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or recommendations) provided through the Service.
- The failure of RiseSmart to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and RiseSmart, even though it is electronic and is not physically signed by you and RiseSmart, and it governs your use of the Service and takes the place of any prior agreements between you and RiseSmart.
- You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
- If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
- You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content maintained by or uploaded to the Service, and (c) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this TOS; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public.
- Payment.
To the extent the Service or any portion thereof is made available for any fee (and is not otherwise paid by a company client of RiseSmart), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your
billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. We reserve the right to change RiseSmart’s prices. If RiseSmart does, RiseSmart will provide notice of the change on the Site or in email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
- Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information; breach or attempt to breach any security measures of the Site; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without RiseSmart's prior written consent; access or attempt to access any account or login of any third party listed on the Site; copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you; post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
- Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated this TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service, RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of this TOS.
- DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING JOB LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- LIMITATION OF LIABILITY.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
- Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
- Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands resulting from any action or inaction of RiseSmart.
- Assignment.
You may not assign this TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer this TOS, in whole or in part, without restriction.
- Governing Law.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your
access to or use of the Service.
- DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at ddavenport@risesmart.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent RiseSmart, Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113
Facsimile: (408) 886-3155
Notice: To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
- 1. Apple-Enabled Software Applications
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple- branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
RiseSmart and you acknowledge that this TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple- Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple- Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
user.support@risesmart.com RiseSmart, Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
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Effective April 21st 2021
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PRIVACY POLICY
RiseSmart, Inc. (“RiseSmart”) provides its Service (as defined below) to you through its web site located at http://www.RiseSmart.com (the “Site”), subject to its Terms of Service (located at http://www.RiseSmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies, and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted and otherwise used in connection with the Service.
Your Consent
By using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart.
RiseSmart may receive from you:
your name, recent job title, company name, telephone numbers, address, email address and other identification or contact information;
your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
information on your milestone progress and status in job searching; and
information on your customer satisfaction or other feedback about the job search and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through your activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user
name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, mis-use, disclosure or other loss related to your Personal Data or other information.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist its current and/or former employees’ search for employment through the Service (“Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service (including in connection with a Company Client Engagement), you are consenting to RiseSmart’s use of your Personal Data in accordance with this Privacy Policy. If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or its current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. In addition, the Service may collect other personally non-identifiable information as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself or such information may be included in databases owned and maintained by RiseSmart’s affiliates, agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as discussed above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart use cookies, RiseSmart will not collect Personal Data except with your permission.
We may (and we may allow third party service providers to) use such cookies or other technologies to collect information about your browsing activities over time and across different websites following your use of the Services. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement as a job seeker, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Progress Data RiseSmart may share with the company client, please contact
user.support@risesmart.com (see information below).
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users and improve the Service.
As RiseSmart develops its business,RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function.
RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners, and to other third parties for other lawful purposes.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. In pursuit of current accuracy of your Personal Data and other information on file, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account, and confirm or correct the
information.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. Please keep this in mind when disclosing any Personal Data or other information to RiseSmart via the Internet.
Links to Other Web Sites
This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Exclusions
This Privacy Policy does not apply to any Personal Data collected by RiseSmart other than Personal Data collected through the Service. This Privacy Policy shall not apply to any unsolicited information you provide to RiseSmart through the Service or through any other means. This includes, but is not limited to, information posted to public areas of the Service, if any (“Public Areas”), any ideas for new products or modifications to existing products or services and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and RiseSmart shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Daniel Davenport, VP – Operations RiseSmart Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113
Email: user.support@risesmart.com
- See more at: http://www.risesmart.com/privacy-policy#sthash.oeSkCk0Q.dpuf
CP APAC eng
Effective April 21st 2021
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cookies
what cookies risesmart UK uses and why.
Cookies are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. To find out more about cookies, visit www.aboutcookies.org or www.allaboutcookies.org.
no personal data
Cookies include a (unique) number. They do not contain personal data. Risesmart cannot use cookies to identify you personally. Nor can cookies be used to recognise you on other websites.
However, in case you actively provide your personal data to Risesmart for any specific purpose such as to receive our press releases and other alerts or to register for web events, such personal data will be stored by us.
which cookies RiseSmart uses and why
The cookies we use on this website fall into two groups: functional cookies and analytical cookies. The cookies are activated at the start of your visit of the site or when you visit a specific section of the site. Some cookies will be automatically removed when you close the browser (session cookies). Some remain for a longer period.
It is also possible that other parties place cookies on your device via our website. This is the case when you click on buttons or links that connect you to the other party's website such as youtube, google+ and other social media or websites. When you click on these buttons or links, the other parties will be responsible for the information collected through their website’s cookies.
functional cookies
Functional cookies relate to the functionality of our websites and allow us to improve the service we offer to you through our website. None of the functional cookies contain personally identifiable information.
change your preference regarding cookies.
If you wish to change your preference regarding cookies go to the cookie settings:
Cookie Settings
You can also prevent your browser to store cookie and/or delete the cookies from your device at any time via the browser settings. Please consult the ‘Help’ section on your internet browser for instructions on this.
If you choose to not accept cookies, you should be aware that you may no longer be able to make use of all possibilities and functionalities of our website, and that certain parts of the website may also no longer be visible or accessible.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages.
If you do not allow these cookies then some or all of these services may not function properly.
Cookie name | Purpose | Duration of Cookie |
hubspotutk | This cookie name is associated with websites built on the HubSpot platform. HubSpot report that its purpose is user authentication. As a persistent rather than a session cookie it cannot be classified as Strictly Necessary. | 13 months |
_gd############# | This cookie contains no identifying information and is used for diagnostic purposes by Impact Radius, a service we use to track signup commissions for our affiliate program. We have categorized it under Functionality because it is necessary for the operation of our affiliate program. | 2 years |
cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 1 month |
cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 1 month |
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.
All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
Cookie name | Purpose | Duration of Cookie |
hssrc | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | Session |
hssc | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 30 min |
hstc | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 13 months |
_gid | This cookie name is associated with Google Universal Analytics. This appears to be a new cookie and as of Spring 2017 no information is available from Google. It appears to store and update a unique value for each page visited. | 1 day |
_ga | This cookie name is associated with Google Universal Analytics - which is a significant update to Google's more commonly used analytics service. This cookie is used to distinguish unique users by assigning a randomly generated number as a client identifier. It is | 2 years |
included in each page request in a site and used to calculate visitor, session and campaign data for the sites analytics reports. By default it is set to expire after 2 years, although this is customisable by website owners. | ||
_gat | This cookie name is associated with Google Universal Analytics, according to documentation it is used to throttle the request rate - limiting the collection of data on high traffic sites. It expires after 10 minutes. | 1 minutes |
appname_encrypteduserId_tenantId_appGroup | This cookie is created by Application to keep track of Contracts acceptance status at Pactsafe. | 15 days |
hstc | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 13 months |
hssrc | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 30 min |
cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 30 days |
hubspotutk | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 13 months |
hssc | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 30 min |
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Cookie name | Purpose | Duration of Cookie |
OptanonAlertBoxClosed | This cookie is set by websites using certain versions of the cookie law compliance solution from OneTrust. It is set after visitors have seen a cookie information notice and in some cases only when they actively close the notice down. It enables the website not to | 1 year |
show the message more than once to a user. The cookie has a one year lifespan and contains no personal information. | ||
JSESSIONID | JSESSIONID is a cookie in J2EE web application which is used in session tracking. Since HTTP is a stateless protocol, we need to use any session to remember state. JSESSIONID cookie is created by web container and send along with response to client | Session |
AWSELB | Elastic Load Balancing creates a cookie, named AWSELB, that is used to map the session to the instance (Sticky Session). | Session |
OptanonConsent | This cookie is set by the cookie compliance solution from OneTrust. It stores information about the categories of cookies the site uses and whether visitors have given or withdrawn consent for the use of each category. This enables site owners to prevent cookies in each category from being set in the users browser, when consent is not given. The cookie has a normal lifespan of one year, so that returning visitors to the site will have their preferences remembered. It contains no information that can identify the site visitor. | 1 year |
OptanonAlertBoxClosed | This cookie is set by websites using certain versions of the cookie law compliance solution from OneTrust. It is set after visitors have seen a cookie information notice and in some cases only when they actively close the notice down. It enables the website not to show the message more than once to a user. The cookie has a one year lifespan and contains no personal information. | 1 year |
JSESSIONID | JSESSIONID is a cookie in J2EE web application which is used in session tracking. Since HTTP is a stateless protocol, we need to use any session to remember state. JSESSIONID cookie is created by web container and send along with response to client | Session |
AWSELB | Elastic Load Balancing creates a cookie, named AWSELB, that is used to map the session to the instance (Sticky Session). | Session |
AWSELBCORS | With CORS (cross-origin resource sharing) requests, some browsers require SameSite=None; Secure to enable stickiness. In this case, Elastic Load Balancing creates a second stickiness cookie, AWSELBCORS, which includes the same information as the original stickiness cookie (AWSELB) plus this SameSite attribute. Clients receive both cookies | Session |
locale_cookie | app_locale and locale_cookie are application cookies (Created by Torch application) to identify preferred locales of the user.These Cookies holds only locale of user. No any user sensitive data is stored in these cookies. | 1 day |
app_locale | app_locale and locale_cookie are application cookies (Created by Torch application) to identify preferred locales of the user.These Cookies holds only locale of user. No any user sensitive data is stored in these cookies. | 1 day |
cfduid | Third Party Cookie. Provider : Datatable.net , Used by the content network, Cloudflare, to identify trusted web traffic. | 1 month |
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Cookie name | Purpose | Duration of Cookie |
_fbp | Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers | 3 months |
_fbp | Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers | 3 months |
cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 30 days |
lidc | This cookie is associated with websites built on the LinkedIn Advertising. | 1 day |
cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 1 month |
bscookie | This cookie is associated with websites built on the LinkedIn Advertising. | 2 years |
uvc | This cookie is associated with AdThis and is used to provide social sharing functionality on the website. | 1 day |
tuuid_lu | This domain is owned by USA based company Demandbase, which provides technology for B2B marketing. | 2 years |
bito | This cookie is associated with ListenLoop and is used for website analytics and account based marketing. | 13 months |
cfduid | This cookie is associated with AdThis and is used to provide social sharing functionality on the website. | 1 month |
checkForPermission | This cookie is associated with ListenLoop and is used for website analytics and account based marketing. | 2 minutes |
bcookie | This cookie is associated with websites built on the LinkedIn Advertising. | 2 years |
UserMatchHistory | This cookie is associated with websites built on the LinkedIn Advertising. | 1 month |
bitoIsSecure | This cookie is associated with ListenLoop and is used for website analytics and account based marketing. | 13 months |
fr | Contains browser and user unique ID combination, used for targeted advertising.rXXXXXXXXXX | 3 months |
test_cookie | This cookie is set by DoubleClick (which is owned by Google) to determine if the website visitor's browser supports cookies. | N/A |
lang | This cookie is associated with websites built on the LinkedIn Advertising. | Session |
IDE | This cookie is set by DoubleClick (which is owned by Google) for google advertising. | 13 months |
tuuid | This domain is owned by USA based company Demandbase, which provides technology for B2B marketing. | 2 years |
cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 1 month |
lang | This cookie is associated with websites built on the LinkedIn Advertising. | |
lissc | This cookie is associated with websites built on the LinkedIn Advertising. | 13 months |
cfduid | This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. | 1 month |
YSC | This cookie is set by the YouTube video service on pages with embedded YouTube video | Session |
test_cookie | This cookie is set by DoubleClick (which is owned by Google) to determine if the website visitor's browser supports cookies. This cookie carries out information about how the end user uses the website and any advertising that the end user may have seen before visiting the said website. | NA |
VISITOR_INFO1_LIVE | A cookie that YouTube sets that measures your bandwidth to determine whether you get the | 240 |
new player interface or the old | Days | |
GPS | YouTube is a Google owned platform for hosting and sharing videos. YouTube collects user data through videos embedded in websites, which is aggregated with profile data from other Google services in order to display targeted advertising to web visitors across a broad range of their own and other websites. J | 30 mins |
_gd############# | This cookie is associated with 6sense and is used for website analytics and account based marketing. | 2 years |
6suuid | This cookie is associated with 6sense and is used for website analytics and account based marketing. | 2 years |
Analytics Cookies
Analytics cookies collect information about your use of the Website and/or App and enable us to improve the way it works.
Cookie name | Purpose | Duration of Cookie |
ai_user | Created by Payscale, Microsoft Application Insights collects statictical usage and telemetry information for apps. | 1 year |
_dc_gtm_* | Created by Payscale.Google Analytics collects information on how Payscale visitors use Payscale website. | 2 years |
wm_load_* | The WalkMe Player stores data for maintaining WalkMe’s player state, monitoring compilation of Walk- Thru playback, and collecting Analytics. To this end, WalkMe uses first party cookies, third party cookies (local storage), and first party local storage. No personal data is saved and no information about user usage of the website is monitored. | NA |
Tracking Cookies
Cookie name | Purpose | Duration of Cookie |
DFTT_END_USER_PREV_BOOTSTRAPPED | Cookie is placed by Drift to store last visit. | 2 years |
driftt_aid | Cookie is placed by Drift to store a unique user ID. | 2 years |
driftt_sid | Cookie is placed by Drift to store a unique session ID. | 2 years |
client-origin | PayScale Cookie, helps to determine origin of client. Possible values include eu and non-eu. | Session |
_salarycalc-csrf | Created by Payscale. | Session |
Monster T&C en_CA
Effective July 14th 2021
DownloadTable of Contents
Terms of Service
This page states the Terms of Service (“Terms”) under which you (“You”) may use the Monster Resume Service (as defined below). These Terms include the Monster Privacy Policy, which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between You and Monster Worldwide Canada Inc. and its affiliates (collectively, “Monster”) and are deemed accepted by You each time that You use or access the Monster Resume Service. If You do not accept the Terms stated here, do not use the Monster Resume Service.
The “Resume Service” includes (a) the Resume Site (as defined below), (b) resume, cover letter and/or online profile writing services as then offered by Monster and other related services and related technologies, and (c) all software (including the Resume Software (as defined below)), materials, portals, recommendations, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (a) thru (c) (collectively, referred to as the “Resume Service Content”). Any new features added to or augmenting the Monster Resume Service are also subject to these Terms. The “Resume Site” means the Web site(s) controlled by Monster through which the Monster Resume Service is provided to You.
Monster may change these Terms from time to time without prior notice. The revised terms and conditions will become effective upon posting and if You use the Monster Resume Service after that date, Your use will constitute acceptance of the revised terms and conditions. If any change to these Terms is not acceptable to You, Your only remedy is to stop accessing and using the Monster Resume Service.
Users who violate these Terms may have their access and use of the Monster Resume Service suspended or terminated, at Monster’s discretion.
You must be 13 years of age or older to visit or use any of the Monster Resume Service in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Monster Resume Service under the supervision of a parent, legal guardian, or other responsible adult.
1. Access and Use of the Monster Resume Service
1.1 Subject to the terms and conditions of these Terms (a) You may access and use the Monster Resume Service only for lawful purposes and only for Your personal and non-commercial uses and (b) Monster hereby grants to You a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable (in the sole and absolute discretion of Monster) right to use and access the Monster Resume Service as provided in these Terms. You agree not to access the Monster Resume Service by any means other than through the interface that is provided by Monster for use in accessing the Monster Resume Service.
1.2 You shall not (and shall not allow any third party to) (a) copy, reproduce, delete, distribute, download, store, transmit, publish, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, sublicense, resell, rent, lease, transfer, assign or time share the Monster Resume Service or otherwise commercially exploit or make the Monster Resume Service available to any third party, (b) use the Monster Resume Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Monster Resume Service or its components, (c) modify, adapt or hack the Monster Resume Service to, or otherwise attempt to gain unauthorized access to the Monster Resume Service or its related systems or networks, or (d) use any Monster Resume Service Content on other Web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices Monster provides You or publishes in connection with the Monster Resume Service, and You shall promptly notify Monster if You learn of a security breach related to the Monster Resume Service. In addition, when using certain services, You will be subject to any additional terms applicable to such services that may be posted on the Monster Resume Service from time to time.
1.3 All rights, title and interest in and to the Monster Resume Service and its components will remain with and belong exclusively to Monster. Any software that may be made available by Monster in connection with the Monster Resume Service (“Resume Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Monster or any third party is granted to You in connection with the Monster Resume Service.
1.4 You further agree to use Your own judgment, caution, and common sense in managing information offered by or obtained through the Monster Resume Service and that You bear the sole risk of any reliance or use of any Monster Resume Service Content provided through the Monster Resume Service.
1.5 The failure of Monster to exercise or enforce any right or provision of these Terms shall not be a waiver of that right. You acknowledge that these Terms are a contract between You and Monster, even though it is electronic and is not physically signed by You and Monster, and it governs Your use of the Monster Resume Service.
1.6 You agree that Monster (a) may establish general practices and limits concerning use of the Monster Resume Service, including without limitation the maximum period of time that Monster Resume Content will be retained by the Monster Resume Service and the maximum storage space that will be allotted on Your behalf, (b) Monster has no responsibility or liability for the deletion or failure to store any Monster Resume Content maintained by or uploaded to the Monster Resume Service, and (c) may preserve Monster Resume Content and may also disclose Monster Resume Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms, (iii) respond to claims that any Monster Resume Content violates the rights of third parties, or (iv) protect the rights, property, or personal safety of Monster, its users and the public. You further agree that Monster may remove or disable any Monster Resume Service Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Monster Resume Service Content), or for no reason at all.
1.7 You agree that Monster may engage third parties to provide all or parts of the Monster Resume Service.
2. Payment
2.1 To the extent the Monster Resume Service or any portion thereof is made available for any fee, You will be required to select a service option and provide Monster information regarding Your credit card or other payment instrument. You represent and warrant to Monster that such information is true and that You are authorized to use the payment instrument. You will promptly update Your account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay Monster the amount that is specified for the service option selected in accordance with these Terms. You hereby authorize Monster to bill Your payment instrument in advance and before the commencement of the service option, and You further agree to pay any charges so incurred. If You dispute any charges You must let Monster know within sixty (60) days after the date that Monster charges You. Monster reserves the right to change Monster’s prices at any time, provided that, if You paid for a service option before the applicable price change, You will be provided the service option presented to You at the time for the price charged by Monster at such time.
2.2 All Monster Resume Service sales are final and there are no refunds once a purchase has been made with respect to the Monster Resume Service unless explicitly stated otherwise in these Terms. You are entitled to one revision of a resume, cover letter and/or online profile (as applicable) prepared through the Monster Resume Service based on feedback provided by You in a reasonable timeframe (i.e. within 60 calendar days of receiving the first draft of Your resume, cover letter and/or online profile (as applicable) from Monster). There is no trial or grace period after purchasing the Monster Resume Service. You agree to provide complete information (as reasonably determined by Monster) requested by Monster in a timely manner (i.e. within 30 calendar days of the request for information from Monster) to allow for the provision of the Monster Resume Service purchased by You. Failure by You to provide complete information (as reasonably determined by Monster) as requested by Monster in a timely fashion (i.e. within 30 calendar days of the request for information from Monster) may delay or prohibit Monster from providing all or some of the Monster Resume Service You purchased. In the event Monster cannot provide all or some of the Monster Resume Service purchased by You due to Your failure to provide complete information (as reasonably determined by Monster) requested by Monster in a reasonable time frame (i.e. within 30 calendar days of the request for information from Monster), Monster shall have the right to, in its sole and absolute discretion, discontinue providing the Monster Resume Service purchased by You and retain payment made by You.
3. Your Material and Your Representations and Warranties
3.1 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that You upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Monster Resume Service (“Your Material”). You hereby represent and warrant that Your Material transmitted by You with respect to the Monster Resume Service is (a) is legal, decent, accurate, complete, honest and truthful, (b) complies with all laws, rules and regulations, (c) does not infringe intellectual property rights of use of any third party, (d) is not subject to any duty of confidentiality and is non-proprietary, (e) is not defamatory, obscene, offensive, pornographic or otherwise objectionable, (f) is free of bugs, worms or viruses and (g) is not fraudulent, false, unreliable or misleading. You agree that Monster may remove Your Material from the Monster Resume Service if it deems that You are in breach of the foregoing sentence or pursuant to other terms of these Terms.
3.2 You understand that the operation of the Monster Resume Service, including Your Material may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to Monster’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Monster Resume Service, and (d) transmission to other third parties in connection with the provision to You of the Monster Resume Service. Accordingly, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your Material. Monster will have no liability to You for any unauthorized access or use of any of Your Material, or any corruption, deletion, destruction or loss of any of Your Material.
3.3 You are responsible for maintaining the confidentiality of Your login, password and account and for all activities that occur under Your login or account (if applicable). Monster reserves the right to access Your account in order to respond to Your requests for technical support. By transmitting Your Material on or through the Monster Resume Service, You hereby do and shall grant Monster a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Material in connection with the Monster Resume Service. Monster has the right, but not the obligation, to screen and monitor the Monster Resume Service, Monster Resume Service Content or Your Material.
3.4 In connection with Your use, You agree NOT to: (a) violate any local, provincial, and federal rules, regulations and statutes, including, but not limited to, Canadian export laws and regulations, applicable human rights, anti-discrimination, or equal opportunity employment laws, (b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party, (c) upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of Your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Monster Resume Service, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by Monster, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials, (d) violate other's privacy rights or personal rights by abusing the Monster Resume Service, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information, (e) breach or attempt to breach any security measures of the Monster Resume Service, (f) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Monster Resume Service, (g) access or attempt to access any account or login of any third party listed on the Monster Resume Service, (h) post or submit any inaccurate, false, or incomplete information, such as Your resume, biographical data, or employment information, (i) impersonate any person or entity, (j) forge any header information in any electronic posting or mail, or (k) misrepresent Yourself, Your affiliation with any third party, or Your entity.
3.5 You further agree that Monster may remove or disable Your account and/or any of Your Material at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Material), or for no reason at all. You understand and acknowledge that You have no ownership rights in Your account. You agree that Monster (a) has no responsibility or liability for the deletion or failure to store any of Your Material maintained by or uploaded to the Monster Resume Service, and (b) may preserve Your Material and may also disclose Your Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms, (iii) respond to claims that Your Content violates the rights of third parties, or (iv) protect the rights, property, or personal safety of Monster, its users and the public.
4. Termination
4.1 Monster reserves the right to (a) modify or discontinue, temporarily or permanently, the Monster Resume Service (or any part thereof) and (b) refuse any and all current and future use of the Monster Resume Service, suspend or terminate Your account (any part thereof) or use of the Monster Resume Service and remove and discard any of Your Material in the Monster Resume Service, for any reason, including if Monster believes that You have violated these Terms. Monster shall not be liable to You or any third party for any modification, suspension or discontinuation of the Monster Resume Service. Monster will use good faith efforts to contact You to warn You prior to suspension or termination of Your account by Monster. All of Your Material on the Monster Resume Service (if any) may be permanently deleted by Monster upon any termination of Your account in its sole discretion.
4.2 If Monster terminates Your account without cause and You have signed up for a fee bearing service, Monster will refund the pro-rated, unearned portion of any amount that You have prepaid to Monster for such Monster Resume Service. However, all accrued rights to payment and the terms of Section 3 shall survive termination of these Terms.
5. DISCLAIMERS
5.1 THE MONSTER RESUME SERVICE, INCLUDING THE MONSTER RESUME SITE, MONSTER RESUME SERVICE CONTENT (INCLUDING RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND MONSTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MONSTER DOES NOT WARRANT THAT THE MONSTER RESUME SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR MONSTER RESUME SERVICES OBTAINED BY YOU FROM MONSTER OR THROUGH THE MONSTER RESUME SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MONSTER DOES NOT WARRANT OR GUARANTEE THAT YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE MONSTER RESUME SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE MONSTER RESUME SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
5.2 Under no circumstances will Monster be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Monster does not pre-screen content, but that Monster and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Monster Resume Service. You agree that You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
6. LIMITATION OF LIABILITY
6.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MONSTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) CANADIAN DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
7. Indemnification
7.1 You shall defend, indemnify, and hold harmless Monster from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Your breach of these Terms, any of Your Material, or Your other access, contribution to, use or misuse of the Monster Resume Service. Monster shall provide notice to You of any such claim, suit or demand. Monster reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting Monster’s defense of such matter. Notwithstanding the foregoing, You will have no obligation to indemnify, defend or hold harmless any Monster from or against any claims, actions or demands resulting from any action or inaction of Monster.
8. DMCA; Policy of Terminating Users Who Infringe Intellectual Property Rights
8.1 If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Monster Resume Service in a way that constitutes copyright or trademark infringement, please contact Monster by email at DMCALegal@monster.com or by regular mail at: Monster Worldwide, Inc., Attn: Legal Department-DMCA, 133 Boston Post Road, Weston, Massachusetts 02493, USA.
8.2 Monster respects the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Monster Resume Service, You agree not to use any Monster Resume Service to infringe the intellectual property rights of others in any way. Monster reserves the right to terminate the accounts of any users, and block access to the Monster Resume Service of any users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Monster reserves the right, in its sole discretion, to take these actions to limit access to the Monster Resume Service and/or terminate the accounts of any time, in our sole discretion of users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Monster as set forth in Section 8.1 above.
9. International Usage
9.1 The Monster Resume Service is controlled and operated by Monster from its offices within Canada and the United States of America. Monster makes no representation that the Monster Resume Service, or any related information offered by Monster are appropriate or available in other locations. Those who choose to access the Monster Resume Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Monster Resume Service in violation of applicable Canadian or U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada and the country in which You reside (if different from Canada).
10. Links to Other Sites
10.1 The Monster Resume Service may contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Monster of the contents on such third-party Web sites. Monster is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
11. General
11.1 You may not assign these Terms without the prior written consent of Monster, but Monster may assign or transfer these Terms, in whole or in part, without restriction.
11.2 These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law. Unless otherwise elected by Monster in a particular instance, You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of the Toronto, Ontario for the purpose of resolving any dispute relating to Your access to or use of the Monster Resume Service.
11.3 If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Monster’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Monster’s ability to enforce such term at any point in the future.
11.4 Except as expressly provided in an additional agreement, additional terms for certain areas of Monster sites, a particular “Legal Notice,” or software license or material on particular pages on the Monster Resume Service, these Terms constitute the entire agreement between You and Monster with respect to the use of the Monster Resume Service Sites. No changes to these Terms shall be made except by a revised posting on this page.
11.5 The parties agree that these terms of service and other communications delivered with respect to this Monster Resume Service be expressed in the English language. Les parties conviennent que les présentes conditions de service et les autres communications délivrées dans le cadre de ce service de CV Monster sont exprimées en langue anglaise.
Effective July 13th, 2021
(End of Page)
Effective July 13th 2021 to July 14th 2021
DownloadTable of Contents
Terms of Service
This page states the Terms of Service (“Terms”) under which you (“You”) may use the Monster Resume Service (as defined below). These Terms include the Monster Privacy Policy, which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between You and Monster Worldwide Canada Inc. and its affiliates (collectively, “Monster”) and are deemed accepted by You each time that You use or access the Monster Resume Service. If You do not accept the Terms stated here, do not use the Monster Resume Service.
The “Resume Service” includes (a) the Resume Site (as defined below), (b) resume, cover letter and/or online profile writing services as then offered by Monster and other related services and related technologies, and (c) all software (including the Resume Software (as defined below)), materials, portals, recommendations, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (a) thru (c) (collectively, referred to as the “Resume Service Content”). Any new features added to or augmenting the Monster Resume Service are also subject to these Terms. The “Resume Site” means the Web site(s) controlled by Monster through which the Monster Resume Service is provided to You.
Monster may change these Terms from time to time without prior notice. The revised terms and conditions will become effective upon posting and if You use the Monster Resume Service after that date, Your use will constitute acceptance of the revised terms and conditions. If any change to these Terms is not acceptable to You, Your only remedy is to stop accessing and using the Monster Resume Service.
Users who violate these Terms may have their access and use of the Monster Resume Service suspended or terminated, at Monster’s discretion.
You must be 13 years of age or older to visit or use any of the Monster Resume Service in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Monster Resume Service under the supervision of a parent, legal guardian, or other responsible adult.
1. Access and Use of the Monster Resume Service
1.1 Subject to the terms and conditions of these Terms (a) You may access and use the Monster Resume Service only for lawful purposes and only for Your personal and non-commercial uses and (b) Monster hereby grants to You a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable (in the sole and absolute discretion of Monster) right to use and access the Monster Resume Service as provided in these Terms. You agree not to access the Monster Resume Service by any means other than through the interface that is provided by Monster for use in accessing the Monster Resume Service.
1.2 You shall not (and shall not allow any third party to) (a) copy, reproduce, delete, distribute, download, store, transmit, publish, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, sublicense, resell, rent, lease, transfer, assign or time share the Monster Resume Service or otherwise commercially exploit or make the Monster Resume Service available to any third party, (b) use the Monster Resume Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Monster Resume Service or its components, (c) modify, adapt or hack the Monster Resume Service to, or otherwise attempt to gain unauthorized access to the Monster Resume Service or its related systems or networks, or (d) use any Monster Resume Service Content on other Web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices Monster provides You or publishes in connection with the Monster Resume Service, and You shall promptly notify Monster if You learn of a security breach related to the Monster Resume Service. In addition, when using certain services, You will be subject to any additional terms applicable to such services that may be posted on the Monster Resume Service from time to time.
1.3 All rights, title and interest in and to the Monster Resume Service and its components will remain with and belong exclusively to Monster. Any software that may be made available by Monster in connection with the Monster Resume Service (“Resume Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Monster or any third party is granted to You in connection with the Monster Resume Service.
1.4 You further agree to use Your own judgment, caution, and common sense in managing information offered by or obtained through the Monster Resume Service and that You bear the sole risk of any reliance or use of any Monster Resume Service Content provided through the Monster Resume Service.
1.5 The failure of Monster to exercise or enforce any right or provision of these Terms shall not be a waiver of that right. You acknowledge that these Terms are a contract between You and Monster, even though it is electronic and is not physically signed by You and Monster, and it governs Your use of the Monster Resume Service.
1.6 You agree that Monster (a) may establish general practices and limits concerning use of the Monster Resume Service, including without limitation the maximum period of time that Monster Resume Content will be retained by the Monster Resume Service and the maximum storage space that will be allotted on Your behalf, (b) Monster has no responsibility or liability for the deletion or failure to store any Monster Resume Content maintained by or uploaded to the Monster Resume Service, and (c) may preserve Monster Resume Content and may also disclose Monster Resume Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms, (iii) respond to claims that any Monster Resume Content violates the rights of third parties, or (iv) protect the rights, property, or personal safety of Monster, its users and the public. You further agree that Monster may remove or disable any Monster Resume Service Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Monster Resume Service Content), or for no reason at all.
1.7 You agree that Monster may engage third parties to provide all or parts of the Monster Resume Service.
2. Payment
2.1 To the extent the Monster Resume Service or any portion thereof is made available for any fee, You will be required to select a service option and provide Monster information regarding Your credit card or other payment instrument. You represent and warrant to Monster that such information is true and that You are authorized to use the payment instrument. You will promptly update Your account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay Monster the amount that is specified for the service option selected in accordance with these Terms. You hereby authorize Monster to bill Your payment instrument in advance and before the commencement of the service option, and You further agree to pay any charges so incurred. If You dispute any charges You must let Monster know within sixty (60) days after the date that Monster charges You. Monster reserves the right to change Monster’s prices at any time, provided that, if You paid for a service option before the applicable price change, You will be provided the service option presented to You at the time for the price charged by Monster at such time.
2.2 All Monster Resume Service sales are final and there are no refunds once a purchase has been made with respect to the Monster Resume Service unless explicitly stated otherwise in these Terms. You are entitled to one revision of a resume, cover letter and/or online profile (as applicable) prepared through the Monster Resume Service based on feedback provided by You in a reasonable timeframe (i.e. within 60 calendar days of receiving the first draft of Your resume, cover letter and/or online profile (as applicable) from Monster). There is no trial or grace period after purchasing the Monster Resume Service. You agree to provide complete information (as reasonably determined by Monster) requested by Monster in a timely manner (i.e. within 30 calendar days of the request for information from Monster) to allow for the provision of the Monster Resume Service purchased by You. Failure by You to provide complete information (as reasonably determined by Monster) as requested by Monster in a timely fashion (i.e. within 30 calendar days of the request for information from Monster) may delay or prohibit Monster from providing all or some of the Monster Resume Service You purchased. In the event Monster cannot provide all or some of the Monster Resume Service purchased by You due to Your failure to provide complete information (as reasonably determined by Monster) requested by Monster in a reasonable time frame (i.e. within 30 calendar days of the request for information from Monster), Monster shall have the right to, in its sole and absolute discretion, discontinue providing the Monster Resume Service purchased by You and retain payment made by You.
3. Your Material and Your Representations and Warranties
3.1 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that You upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Monster Resume Service (“Your Material”). You hereby represent and warrant that Your Material transmitted by You with respect to the Monster Resume Service is (a) is legal, decent, accurate, complete, honest and truthful, (b) complies with all laws, rules and regulations, (c) does not infringe intellectual property rights of use of any third party, (d) is not subject to any duty of confidentiality and is non-proprietary, (e) is not defamatory, obscene, offensive, pornographic or otherwise objectionable, (f) is free of bugs, worms or viruses and (g) is not fraudulent, false, unreliable or misleading. You agree that Monster may remove Your Material from the Monster Resume Service if it deems that You are in breach of the foregoing sentence or pursuant to other terms of these Terms.
3.2 You understand that the operation of the Monster Resume Service, including Your Material may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to Monster’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Monster Resume Service, and (d) transmission to other third parties in connection with the provision to You of the Monster Resume Service. Accordingly, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your Material. Monster will have no liability to You for any unauthorized access or use of any of Your Material, or any corruption, deletion, destruction or loss of any of Your Material.
3.3 You are responsible for maintaining the confidentiality of Your login, password and account and for all activities that occur under Your login or account (if applicable). Monster reserves the right to access Your account in order to respond to Your requests for technical support. By transmitting Your Material on or through the Monster Resume Service, You hereby do and shall grant Monster a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Material in connection with the Monster Resume Service. Monster has the right, but not the obligation, to screen and monitor the Monster Resume Service, Monster Resume Service Content or Your Material.
3.4 In connection with Your use, You agree NOT to: (a) violate any local, provincial, and federal rules, regulations and statutes, including, but not limited to, Canadian export laws and regulations, applicable human rights, anti-discrimination, or equal opportunity employment laws, (b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party, (c) upload, post, transmit, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of Your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Monster Resume Service, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by Monster, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials, (d) violate other's privacy rights or personal rights by abusing the Monster Resume Service, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information, (e) breach or attempt to breach any security measures of the Monster Resume Service, (f) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Monster Resume Service, (g) access or attempt to access any account or login of any third party listed on the Monster Resume Service, (h) post or submit any inaccurate, false, or incomplete information, such as Your resume, biographical data, or employment information, (i) impersonate any person or entity, (j) forge any header information in any electronic posting or mail, or (k) misrepresent Yourself, Your affiliation with any third party, or Your entity.
3.5 You further agree that Monster may remove or disable Your account and/or any of Your Material at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Material), or for no reason at all. You understand and acknowledge that You have no ownership rights in Your account. You agree that Monster (a) has no responsibility or liability for the deletion or failure to store any of Your Material maintained by or uploaded to the Monster Resume Service, and (b) may preserve Your Material and may also disclose Your Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (i) comply with legal process, applicable laws or government requests, (ii) enforce these Terms, (iii) respond to claims that Your Content violates the rights of third parties, or (iv) protect the rights, property, or personal safety of Monster, its users and the public.
4. Termination
4.1 Monster reserves the right to (a) modify or discontinue, temporarily or permanently, the Monster Resume Service (or any part thereof) and (b) refuse any and all current and future use of the Monster Resume Service, suspend or terminate Your account (any part thereof) or use of the Monster Resume Service and remove and discard any of Your Material in the Monster Resume Service, for any reason, including if Monster believes that You have violated these Terms. Monster shall not be liable to You or any third party for any modification, suspension or discontinuation of the Monster Resume Service. Monster will use good faith efforts to contact You to warn You prior to suspension or termination of Your account by Monster. All of Your Material on the Monster Resume Service (if any) may be permanently deleted by Monster upon any termination of Your account in its sole discretion.
4.2 If Monster terminates Your account without cause and You have signed up for a fee bearing service, Monster will refund the pro-rated, unearned portion of any amount that You have prepaid to Monster for such Monster Resume Service. However, all accrued rights to payment and the terms of Section 3 shall survive termination of these Terms.
5. DISCLAIMERS
5.1 THE MONSTER RESUME SERVICE, INCLUDING THE MONSTER RESUME SITE, MONSTER RESUME SERVICE CONTENT (INCLUDING RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND MONSTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MONSTER DOES NOT WARRANT THAT THE MONSTER RESUME SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR MONSTER RESUME SERVICES OBTAINED BY YOU FROM MONSTER OR THROUGH THE MONSTER RESUME SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MONSTER DOES NOT WARRANT OR GUARANTEE THAT YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT THROUGH THE USE OF THE MONSTER RESUME SERVICE OR ANY EMPLOYMENT YOU FIND THROUGH THE USE OF THE MONSTER RESUME SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.
5.2 Under no circumstances will Monster be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Monster does not pre-screen content, but that Monster and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Monster Resume Service. You agree that You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
6. LIMITATION OF LIABILITY
6.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MONSTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) CANADIAN DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
7. Indemnification
7.1 You shall defend, indemnify, and hold harmless Monster from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Your breach of these Terms, any of Your Material, or Your other access, contribution to, use or misuse of the Monster Resume Service. Monster shall provide notice to You of any such claim, suit or demand. Monster reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting Monster’s defense of such matter. Notwithstanding the foregoing, You will have no obligation to indemnify, defend or hold harmless any Monster from or against any claims, actions or demands resulting from any action or inaction of Monster.
8. DMCA; Policy of Terminating Users Who Infringe Intellectual Property Rights
8.1 If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Monster Resume Service in a way that constitutes copyright or trademark infringement, please contact Monster by email at DMCALegal@monster.com or by regular mail at: Monster Worldwide, Inc., Attn: Legal Department-DMCA, 133 Boston Post Road, Weston, Massachusetts 02493, USA.
8.2 Monster respects the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Monster Resume Service, You agree not to use any Monster Resume Service to infringe the intellectual property rights of others in any way. Monster reserves the right to terminate the accounts of any users, and block access to the Monster Resume Service of any users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Monster reserves the right, in its sole discretion, to take these actions to limit access to the Monster Resume Service and/or terminate the accounts of any time, in our sole discretion of users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Monster as set forth in Section 8.1 above.
9. International Usage
9.1 The Monster Resume Service is controlled and operated by Monster from its offices within Canada and the United States of America. Monster makes no representation that the Monster Resume Service, or any related information offered by Monster are appropriate or available in other locations. Those who choose to access the Monster Resume Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Monster Resume Service in violation of applicable Canadian or U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada and the country in which You reside (if different from Canada).
10. Links to Other Sites
10.1 The Monster Resume Service may contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Monster of the contents on such third-party Web sites. Monster is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
11. General
11.1 You may not assign these Terms without the prior written consent of Monster, but Monster may assign or transfer these Terms, in whole or in part, without restriction.
11.2 These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law. Unless otherwise elected by Monster in a particular instance, You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of the Toronto, Ontario for the purpose of resolving any dispute relating to Your access to or use of the Monster Resume Service.
11.3 If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Monster’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Monster’s ability to enforce such term at any point in the future.
11.4 Except as expressly provided in an additional agreement, additional terms for certain areas of Monster sites, a particular “Legal Notice,” or software license or material on particular pages on the Monster Resume Service, these Terms constitute the entire agreement between You and Monster with respect to the use of the Monster Resume Service Sites. No changes to these Terms shall be made except by a revised posting on this page.
11.5 The parties agree that these terms of service and other communications delivered with respect to this Monster Resume Service be expressed in the English language. Les parties conviennent que les présentes conditions de service et les autres communications délivrées dans le cadre de ce service de CV Monster sont exprimées en langue anglaise.
Effective July 13th, 2021
(End of Page)
Monster T&C fr_CA
Effective July 14th 2021
DownloadTable of Contents
Modalités du service
Cette page énonce les modalités selon lesquelles vous (« vous ») pouvez utiliser le service de CV de Monster (défini ci-après) (les « modalités »). Les modalités comprennent la Politique de confidentialité de Monster, qui est incorporée aux présentes par renvoi.
Les présentes modalités constituent une entente ayant force obligatoire entre vous et Monster Worldwide Canada Inc. et ses sociétés affiliées (collectivement, « Monster ») et sont réputées avoir été acceptées par vous chaque fois que vous utilisez le service de CV de Monster ou y accédez. Si vous n’acceptez pas les modalités énoncées aux présentes, n’utilisez pas le service de CV de Monster.
Le « service de CV » comprend : a) le site Web du service de CV (défini ci-après); b) les services de rédaction de CV, de lettre de présentation ou de profil en ligne offerts par Monster à ce moment ainsi que d’autres services et technologies connexes; c) tous les logiciels (y compris le logiciel de CV (défini ci‑après)), le matériel, les portails, les recommandations, les données, les rapports, les textes, les images, les sons, les vidéos, l’analytique et d’autre contenu rendus accessibles au moyen des éléments a) à c) qui précèdent (collectivement, le « contenu du service de CV »). Toute nouvelle fonction ajoutée au service de CV de Monster ou l’améliorant est aussi visée par les présentes modalités. Le « site Web du service de CV » désigne les sites Web contrôlés par Monster au moyen desquels le service de CV de Monster vous est fourni.
Monster peut modifier les présentes modalités au besoin sans préavis. Les modalités révisées entrent en vigueur au moment de leur publication, et si vous utilisez le service de CV de Monster après cette date, votre utilisation constitue votre acceptation des modalités révisées. Si une modification des présentes modalités n’est pas acceptable pour vous, votre seule solution est de cesser d’accéder au service de CV de Monster et de l’utiliser.
Les utilisateurs qui contreviennent aux présentes modalités pourraient voir leur accès au service de CV de Monster et leur utilisation de celui-ci suspendu ou résilié, à la discrétion de Monster.
Vous devez être âgé de 13 ans ou plus pour visiter ou utiliser le service de CV de Monster de quelque manière, et si vous êtes âgé de moins de 18 ans ou n’avez pas atteint l’âge de la majorité dans votre province ou territoire, vous devez utiliser le service de CV de Monster sous la supervision d’un parent, d’un tuteur légal ou d’un autre adulte responsable.
1.Accès au service de CV de Monster et utilisation du service
1.1 Sous réserve des modalités des présentes, a) vous ne pouvez accéder au service de CV de Monster et l’utiliser qu’à des fins légitimes et seulement pour un usage personnel et non commercial, et b) Monster vous accorde par les présentes un droit personnel, non exclusif, non transférable, incessible, non susceptible de sous-licence et révocable (à l’entière discrétion de Monster) d’utilisation du service de CV de Monster et d’accès à celui-ci, tel qu’il est précisé dans les présentes. Vous vous engagez à ne pas accéder au service de CV de Monster par un autre moyen que l’interface qui est fournie par Monster pour accéder au service de CV de Monster.
1.2 Vous ne pouvez pas (et ne devez pas permettre à un tiers de) : a) copier, reproduire, supprimer, distribuer, télécharger, stocker, transmettre, publier, modifier, rétro-concevoir, décompiler, revendre, louer, donner à bail, transférer, céder ou utiliser en temps partagé le service de CV de Monster, en créer une œuvre dérivée, tenter d’en découvrir tout code source ou en concéder des sous-licences, ni autrement exploiter commercialement le service de CV de Monster ou le rendre disponible à un tiers; b) utiliser le service de CV de Monster d’une manière illégale (y compris d’une manière qui contrevient aux lois concernant les données, le respect de la vie privée ou le contrôle des exportations) ou d’une manière qui perturbe ou compromet l’intégrité ou le rendement du service de CV de Monster ou de ses composants; c) modifier, adapter ou pirater le service de CV de Monster ou tenter autrement d’obtenir un accès non autorisé au service de CV de Monster ou à ses systèmes ou réseaux connexes; d) utiliser du contenu du service de CV de Monster sur d’autres sites Web ou tout média (p. ex. un environnement de réseautage). Vous devez vous conformer aux codes de conduite, aux politiques et aux autres avis que Monster vous fournit ou publie relativement au service de CV de Monster, et aviser rapidement Monster si vous prenez connaissance d’une infraction à la sécurité liée au service de CV de Monster. De plus, lorsque vous utilisez certains services, vous êtes assujetti à toute modalité supplémentaire applicable à ces services qui est publiée sur le service de CV de Monster, le cas échéant.
1.3 Tous les droits, titres et intérêts associés au service de CV de Monster et à ses composants demeurent ceux de Monster et lui appartiennent exclusivement. Tout logiciel rendu accessible par Monster relativement au service de CV de Monster (« logiciel de CV ») contient des renseignements exclusifs et confidentiels qui sont protégés par les lois sur la propriété intellectuelle et d’autres lois applicables. Tout droit qui n’est pas expressément accordé dans les présentes est réservé, et aucune licence ni aucun droit d’utilisation d’une marque de commerce de Monster ou d’un tiers ne vous est accordé relativement au service de CV de Monster.
1.4 Vous convenez également d’exercer votre jugement et de faire preuve de prudence et de bon sens dans la gestion des renseignements fournis ou obtenus au moyen du service de CV de Monster et d’assumer seul le risque que comporte l’utilisation de tout contenu du service de CV de Monster fourni au moyen du service de CV de Monster ou le fait de se fonder sur ce contenu.
1.5 Le défaut de Monster d’exercer ou de faire respecter un droit ou une modalité des présentes n’est pas une renonciation à l’égard de ce droit. Vous reconnaissez que les présentes modalités sont un contrat entre vous et Monster, bien qu’elles soient sous forme électronique et qu’elles ne soient pas signées physiquement par vous et Monster, et convenez qu’elles régissent votre utilisation du service de CV de Monster.
1.6 Vous convenez que Monster : a) peut établir des pratiques générales et des limites concernant l’utilisation du service de CV de Monster, y compris notamment la période maximale de conservation du contenu du service de CV de Monster par le service de CV et l’espace de stockage maximal qui est attribué en votre nom; b) n’a aucune responsabilité ni obligation quant à la suppression ou au défaut de stocker quelque partie que ce soit du contenu du service de CV de Monster conservé ou téléversé dans le service de CV; c) peut conserver le contenu du service de CV de Monster et peut le divulguer si elle est tenue par la loi de le faire ou si elle croit de bonne foi que sa conservation ou sa divulgation est raisonnablement nécessaire pour (i) se conformer à un processus judiciaire, aux lois applicables ou à des demandes gouvernementales, (ii) donner effet aux présentes modalités, (iii) répondre à des allégations selon lesquelles le contenu du service de CV de Monster enfreint les droits de tiers, ou (iv) protéger les droits, la propriété ou la sécurité personnelle de Monster, de ses utilisateurs et du public. Vous convenez en outre que Monster peut, en tout temps, retirer ou désactiver le contenu du service de CV de Monster, pour quelque raison que ce soit (notamment à la réception d’affirmations ou d’allégations de tiers ou des autorités concernant le contenu du service de CV de Monster) ou sans qu’il y ait une raison.
1.7 Vous convenez que Monster peut embaucher des tiers pour fournir la totalité ou une partie du service de CV de Monster.
2.Paiement
2.1 Dans la mesure où le service de CV de Monster, ou une partie de celui-ci, est fourni moyennant des frais, vous êtes tenu de choisir une option de service et de fournir à Monster les renseignements concernant votre carte de crédit ou un autre instrument de paiement. Vous attestez et garantissez à Monster que ces renseignements sont véridiques et que vous êtes autorisé à utiliser l’instrument de paiement. Vous mettrez rapidement à jour vos informations sur le compte en cas de modification (p. ex. modification de votre adresse de facturation ou de la date d’expiration de votre carte de crédit). Vous convenez de payer à Monster le montant qui est déterminé pour l’option de service choisie conformément aux présentes modalités. Par les présentes, vous autorisez Monster à facturer les frais à l’avance et avant l’entrée en vigueur de l’option de service, par l’intermédiaire de votre instrument de paiement, et vous convenez également de payer tous les frais ainsi engagés. Si vous contestez des frais, vous devez en aviser Monster dans les soixante (60) jours suivant la date de facturation des frais. Monster se réserve le droit de changer ses prix en tout temps, étant entendu que, si vous avez payé pour une option de service avant le changement de prix applicable, vous obtiendrez l’option de service qui vous a été présentée à ce moment pour le prix facturé par Monster au même moment.
2.2 Toutes les ventes de service de CV de Monster sont finales, et aucun remboursement n’est accordé une fois que l’achat est effectué relativement au service de CV de Monster, sauf indication contraire explicite dans les présentes. Vous avez droit à une révision d’un CV, d’une lettre de présentation et/ou d’un profil en ligne (selon le cas) préparés au moyen du service de CV de Monster, suivant les commentaires fournis par vous dans un délai raisonnable (c’est‑à-dire dans les 60 jours civils suivant la réception de la première ébauche de votre CV, lettre de présentation et/ou profil en ligne (selon le cas) par Monster). Il n’y a aucune période d’essai ni aucun délai de grâce après l’achat du service de CV de Monster. Vous convenez de fournir les renseignements complets demandés par Monster (et raisonnablement déterminés par Monster) en temps utile (c’est‑à-dire dans les 30 jours civils suivant la demande de renseignements par Monster) pour permettre la fourniture du service de CV de Monster que vous avez acheté. L’omission de votre part de fournir en temps utile (c’est‑à-dire dans les 30 jours civils suivant la demande de renseignements par Monster) les renseignements complets demandés (et raisonnablement déterminés par Monster) peut retarder la fourniture d’une partie ou de la totalité du service de CV de Monster que vous avez acheté ou empêcher Monster de fournir une partie ou la totalité de ce service. Si Monster ne peut fournir la totalité ou une partie du service de CV de Monster que vous avez acheté en raison de votre omission de fournir les renseignements complets demandés (et raisonnablement déterminés par Monster) dans un délai raisonnable (c’est‑à-dire dans les 30 jours civils suivant la demande de renseignements par Monster), Monster a le droit, à son entière discrétion, d’interrompre la fourniture du service de CV de Monster que vous avez acheté et de conserver le paiement que vous avez effectué.
3. Votre matériel et vos attestations et garanties
3.1 Vous êtes seul responsable des données, des renseignements, des commentaires, des suggestions, des textes, du contenu et de tout autre matériel que vous téléversez, publiez, fournissez, stockez ou transmettez de toute autre manière (ci-après « transmettre » ou « transmission ») relativement au service de CV de Monster ou s’y rattachant (« votre matériel »). Vous attestez et garantissez par les présentes que votre matériel, transmis par vous relativement au service de CV de Monster, est : a) légal, convenable, exact, complet, honnête et véridique; b) respecte l’ensemble des lois, des règles et des règlements; c) ne contrevient à aucun droit de propriété intellectuelle d’utilisation de tiers; d) ne fait l’objet d’aucune obligation de confidentialité et est non exclusif; e) n’est pas diffamatoire, obscène, offensant, pornographique, ni autrement répréhensible; f) est exempt de bogues, de vers et de virus informatiques; g) n’est pas frauduleux, faux ou douteux ni de nature à induire en erreur. Vous reconnaissez que Monster peut retirer votre matériel du service de CV de Monster si, à son avis, vous êtes en défaut relativement à ce qui précède ou à toute autre modalité des présentes.
3.2 Vous comprenez que le fonctionnement du service de CV de Monster, y compris de votre matériel, peut être non chiffré et comporter : a) des transmissions sur divers réseaux; b) des changements apportés pour se conformer et s’adapter à des exigences techniques de connexion de réseaux ou d’appareils; c) la transmission à des tiers fournisseurs et à des partenaires d’hébergement de Monster pour fournir le matériel informatique, les logiciels, le réseautage, le stockage et la technologie connexe nécessaires pour le fonctionnement et la maintenance du service de CV de Monster; d) la transmission à d’autres tiers dans le cadre de la prestation du service de CV que Monster vous assure. Par conséquent, vous reconnaissez que la responsabilité d’assurer la sécurité ainsi qu’une protection et une sauvegarde adéquates de votre matériel vous incombe entièrement. Monster n’assume aucune responsabilité à votre égard quant à tout accès non autorisé à votre matériel ou usage non autorisé de celui-ci ni quant à l’altération, la suppression, la destruction ou la perte de quelque partie que ce soit de votre matériel.
3.3 Vous êtes responsable de la confidentialité de votre connexion, de votre mot de passe et de votre compte ainsi que de toutes les activités qui ont lieu à l’intérieur de votre connexion ou dans votre compte (le cas échéant). Monster se réserve le droit d’accéder à votre compte pour répondre à vos demandes de soutien technique. En transmettant votre matériel au service de CV de Monster ou par son intermédiaire, vous accordez par les présentes à Monster une licence mondiale, non exclusive, permanente, irrévocable, libre de redevances, entièrement payée, transférable et susceptible de sous‑licence pour l’utilisation, la modification, la reproduction, la distribution, la présentation, la publication et l’exécution de votre matériel relativement au service de CV de Monster. Monster a le droit, mais non l’obligation, d’examiner et de surveiller le service de CV de Monster, le contenu du service de CV de Monster et votre matériel.
3.4 En ce qui concerne votre utilisation, vous vous engagez à ne PAS : a) enfreindre les lois, les règles et les règlements locaux, provinciaux et fédéraux, notamment les lois et règlements canadiens d’exportation, ceux visant les droits de la personne et les lois du travail interdisant la discrimination et favorisant l’égalité des chances; b) contrevenir aux droits de propriété intellectuelle et aux droits relatifs à la protection des renseignements personnels, notamment aux brevets, droits d’auteur, marques de commerce ou secrets industriels de tiers, quels qu’ils soient; c) téléverser, afficher, transmettre ou stocker du matériel illégitime, offensant, diffamatoire, frauduleux, trompeur, fallacieux, dommageable, menaçant, importun, obscène ou répréhensible, non plus que du matériel qui faillit à vos obligations contractuelles ou à vos obligations de confidentialité, qui perturbe ou compromet les activités normales du service de CV de Monster (comme l’introduction ou la transmission de virus, l’affichage continuel de matériel répétitif ou l’affichage d’éléments anormalement volumineux) ou qui n’est pas autorisé par Monster (notamment le matériel publicitaire non autorisé, le matériel promotionnel non sollicité, le courrier poubelle, les pourriels, les envois « boule de neige », les fraudes pyramidales, les franchises, les concessions, l’adhésion à un club, les arrangements de vente ou le matériel autrement inacceptable); d) enfreindre les droits d’autrui à la protection des renseignements personnels par un usage abusif du service de CV de Monster, notamment en harcelant ou en traquant une personne, en envoyant des courriels non sollicités ou en recueillant des renseignements personnels sur une autre personne; e) déjouer ou tenter de déjouer une mesure de sécurité du service de CV de Monster; f) utiliser un appareil, procédé ou mécanisme quel qu’il soit, par ex. une araignée ou un robot Web, pour surveiller le service de CV de Monster, en extraire des données, y accéder ou y faire des recherches; g) accéder ou tenter d’accéder au compte ou à la connexion d’un tiers inscrit au service de CV de Monster; h) afficher ou soumettre de l’information inexacte, fausse ou incomplète, comme votre CV, vos renseignements biographiques ou des renseignements relatifs à votre expérience professionnelle; i) usurper l’identité d’une personne ou d’une entité; j) contrefaire les renseignements d’en-tête dans une publication ou un courrier électronique; k) vous présenter de manière inexacte ou présenter de manière inexacte votre affiliation à un tiers ou votre entité.
3.5 Vous convenez en outre que Monster peut, en tout temps, retirer ou désactiver votre compte ou toute partie de votre matériel, pour quelque raison que ce soit (notamment à la réception d’affirmations ou d’allégations de tiers ou des autorités concernant votre matériel) ou sans qu’il y ait une raison. Vous comprenez et reconnaissez que vous n’avez aucun droit de propriété sur votre compte. Vous convenez que Monster : a) n’a aucune responsabilité ni obligation quant à la suppression ou au défaut de stocker quelque partie que ce soit de votre matériel conservé ou téléversé dans le service de CV de Monster; b) peut conserver votre matériel et peut le divulguer si elle est tenue par la loi de le faire ou si elle croit de bonne foi que sa conservation ou sa divulgation est raisonnablement nécessaire pour (i) se conformer à un processus judiciaire, aux lois applicables ou à des demandes gouvernementales, (ii) donner effet aux présentes modalités, (iii) répondre à des affirmations selon lesquelles votre matériel enfreint les droits de tiers, ou (iv) protéger les droits, la propriété ou la sécurité personnelle de Monster, de ses utilisateurs et du public.
4. Résiliation
4.1 Monster se réserve de droit : a) de modifier ou d’interrompre, temporairement ou de façon permanente, le service de CV de Monster (ou toute partie de celui-ci); b) de refuser toute utilisation présente et future du service de CV de Monster, de suspendre votre compte (ou toute partie de celui-ci) ou votre utilisation du service de CV de Monster ou de mettre fin à votre compte ou à votre utilisation du Service de CV de Monster et de retirer et exclure toute partie de votre matériel dans le service de CV de Monster, pour quelque raison que ce soit, notamment si Monster estime que vous avez contrevenu aux présentes modalités. Monster n’est responsable ni envers vous ni envers des tiers de la modification, de la suspension ou de l’abandon du service de CV de Monster. Monster s’efforcera de bonne foi de communiquer avec vous avant de suspendre ou de résilier votre compte. Tout votre matériel dans le service de CV de Monster (s’il en est) pourra être définitivement supprimé par Monster en cas de résiliation de votre compte, à l’entière discrétion de Monster.
4.2 Si Monster résilie votre compte sans motif et que vous êtes inscrit à un service comportant des frais, Monster vous remboursera, au prorata, la partie de tout montant prépayé pour ce service correspondant à la portion non gagnée du service de CV de Monster. Toutefois, tous les droits à paiement qui sont acquis, de même que les modalités de l’article 3, continuent d’exister après l’expiration des présentes.
5. EXONÉRATION
5.1 LE SERVICE DE CV DE MONSTER, Y COMPRIS LE SITE WEB ET LE CONTENU DU SERVICE DE CV DE MONSTER (NOTAMMENT LES RECOMMANDATIONS ET L’ANALYTIQUE) ET TOUS LES COMPOSANTS DU SERVEUR ET DU RÉSEAU, EST FOURNI « TEL QUEL » ET « SELON LA DISPONIBILITÉ », SANS AUCUNE GARANTIE QUELLE QU’ELLE SOIT, ET MONSTER EXCLUT EXPRESSÉMENT TOUTE GARANTIE, EXPRESSE OU IMPLICITE, NOTAMMENT LES GARANTIES IMPLICITES DE QUALITÉ MARCHANDE ET CELLES RELATIVES AUX TITRES, À L’APTITUDE À UNE FIN PARTICULIÈRE ET À L’ABSENCE DE CONTREFAÇON. VOUS RECONNAISSEZ QUE MONSTER NE GARANTIT PAS QUE LE SERVICE DE CV DE MONSTER SERA FOURNI SANS INTERRUPTION, EN TEMPS UTILE, DE MANIÈRE SÉCURITAIRE ET EXEMPT D’ERREURS OU DE VIRUS, ET CONVENEZ QU’AUCUN RENSEIGNEMENT OU CONSEIL NI SERVICE DE CV DE MONSTER QUE VOUS OBTENEZ DE MONSTER OU PAR L’INTERMÉDIAIRE DU SERVICE DE CV DE MONSTER NE CRÉE UNE GARANTIE AUTRE QU’UNE GARANTIE EXPRESSÉMENT ÉNONCÉE DANS LES PRÉSENTES. SANS RESTREINDRE LE CARACTÈRE GÉNÉRAL DE CE QUI PRÉCÈDE, MONSTER NE GARANTIT PAS QUE L’UTILISATION DU SERVICE DE CV DE MONSTER VOUS ASSURERA UN EMPLOI NI QU’UN EMPLOI QUE VOUS POURREZ TROUVER EN RECOURANT AU SERVICE DE CV DE MONSTER CONVIENDRA À VOS BESOINS OU SERA APPROPRIÉ POUR VOUS.
5.2 Monster n’est en aucun cas responsable, de quelque manière que ce soit, du contenu ou du matériel de tiers (y compris d’utilisateurs), et ne peut, notamment, être tenue responsable des erreurs ou des omissions dans un contenu donné, ni de la perte ou des dommages subis, quelle qu’en soit la nature, par suite de l’utilisation de ce contenu. Vous reconnaissez que Monster n’effectue pas de présélection du contenu, mais que Monster et ses délégués auront le droit (sans y être tenus) de refuser ou de retirer, à leur entière discrétion, tout contenu accessible au moyen du service de CV de Monster. Vous convenez qu’il vous appartient d’évaluer s’il est opportun d’utiliser un contenu et de vous fier à l’exactitude, à l’exhaustivité ou à l’utilité de ce contenu, et acceptez d’assumer tous les risques associés à cette utilisation.
6. LIMITATION DE RESPONSABILITÉ
6.1 MONSTER N’EST EN AUCUN CAS, NI EN VERTU D’AUCUNE THÉORIE JURIDIQUE (CONTRACTUELLE, DÉLICTUELLE OU AUTRE), RESPONSABLE ENVERS VOUS OU ENVERS UN TIERS (A) DES DOMMAGES INDIRECTS OU ACCESSOIRES NI DES DOMMAGES-INTÉRÊTS PARTICULIERS, EXEMPLAIRES OU PUNITIFS, NOTAMMENT DES PROFITS PERDUS, DES VENTES, DES AFFAIRES OU DES DONNÉES PERDUES OU DE L’INTERRUPTION DES ACTIVITÉS, NI (B) DES DOMMAGES, COÛTS, PERTES OU OBLIGATIONS DIRECTS, AU‑DELÀ SOIT DES FRAIS PAYÉS PAR VOUS DANS LES SIX (6) MOIS PRÉCÉDANT L’ÉVÉNEMENT À L’ORIGINE DE VOTRE DEMANDE, SOIT DE CENT DOLLARS (100 $) CANADIENS À DÉFAUT DE TELS FRAIS. LES DISPOSITIONS DU PRÉSENT ARTICLE RÉPARTISSENT ENTRE LES PARTIES LES RISQUES AFFÉRENTS AUX PRÉSENTES MODALITÉS, ET LES PARTIES SE SONT APPUYÉES SUR LES LIMITATIONS QUI Y SONT ÉNONCÉES POUR DÉCIDER S’IL CONVENAIT DE SOUSCRIRE AUX PRÉSENTES MODALITÉS DU SERVICE.
7. Indemnisation
7.1 Vous convenez de défendre et d’indemniser Monster à l’égard de l’ensemble des demandes, poursuites ou réclamations, notamment des frais juridiques et comptables raisonnables, découlant de votre inobservation des présentes modalités, de votre matériel, de votre accès ou contribution au service de CV de Monster ou encore de votre utilisation ou mauvaise utilisation de ce service. Monster vous donnera avis de toute telle demande, poursuite ou réclamation, le cas échéant. Monster se réserve le droit d’assurer la défense et la gestion exclusives de toute affaire susceptible d’indemnisation en vertu du présent article. Le cas échéant, vous convenez de coopérer pour donner suite à toute demande d’aide raisonnable de Monster pour la défense de cette affaire. Malgré ce qui précède, vous n’aurez aucune obligation de défendre ou d’indemniser Monster relativement aux demandes, poursuites ou réclamations résultant de toute action ou inaction de Monster.
8. Digital Millenium Copyright Act (DMCA); Politique de résiliation visant les utilisateurs qui contreviennent à des droits de propriété intellectuelle
8.1 Si vous croyez qu’une œuvre protégée par droit d’auteur ou une marque de commerce vous appartenant a été téléversée, publiée ou copiée dans le service de CV de Monster d’une manière qui constitue une violation du droit d’auteur ou de la marque de commerce, veuillez communiquer avec Monster par courriel à DMCALegal@monster.com ou par courrier postal à : Monster Worldwide, Inc., Attn: Legal Department-DMCA, 133 Boston Post Road, Weston, Massachusetts 02493, USA.
8.2 Monster respecte la propriété intellectuelle d’autrui et demande à ses utilisateurs et à ses partenaires de contenu de faire de même. L’affichage, la reproduction, la copie, la distribution, la modification, la présentation publique et la prestation publique d’œuvres protégées par droit d’auteur, si elles ne sont pas autorisées, constituent une violation du droit d’auteur de leurs propriétaires. Comme condition à votre utilisation du service de CV de Monster, vous vous engagez à n’utiliser en aucun cas le service de CV de Monster pour enfreindre de quelque façon que ce soit les droits de propriété intellectuelle d’autrui. Monster se réserve le droit de résilier les comptes de tout utilisateur qui viole de façon répétée les droits d’auteur ou d’autres droits de propriété intellectuelle d’autrui et de bloquer l’accès au service de CV de Monster à ces personnes. Monster se réserve le droit de prendre ces mesures en tout temps, à son entière discrétion, et de limiter l’accès au service de CV de Monster ou de résilier les comptes d’utilisateurs qui enfreignent les droits de propriété intellectuelle d’autrui, qu’il s’agisse ou non d’une première infraction, et ces mesures pourront être prises avec ou sans avis préalable et sans aucune obligation envers l’utilisateur dont le contrat est résilié ou l’utilisateur dont l’accès est bloqué. Malgré ce qui précède, si vous croyez en toute bonne foi qu’un avis de violation de droit d’auteur a été déposé à tort contre vous, veuillez communiquer avec Monster ainsi qu’il est indiqué à l’article 8.1 ci-dessus.
9. Usage international
9.1 Le service de CV de Monster est contrôlé et exploité par Monster depuis ses bureaux au Canada et aux États-Unis d’Amérique. Monster n’atteste nullement que le service de CV de Monster ou toute information connexe offerte par Monster sont adaptés ou accessibles ailleurs. Quiconque choisit d’accéder au service de CV de Monster à partir d’endroits autres le fait de son propre chef et est responsable de se conformer aux lois locales, dans la mesure où elles sont applicables. Vous ne pouvez utiliser ni exporter le service de CV de Monster en violation des lois et des règlements canadiens ou américains applicables en matière d’exportation. Vous vous engagez à respecter toutes les lois applicables concernant la transmission de données techniques exportées du Canada et du pays où vous résidez (si vous ne résidez pas au Canada).
10. Liens vers d’autres sites Web
10.1 Le service de CV de Monster peut contenir des liens vers des sites Web de tiers. Ces liens vous sont fournis à titre informatif seulement; Monster ne cautionne pas le contenu de ces sites Web de tiers. Monster n’est pas responsable du contenu des sites Web de tiers auquel un lien donne accès et n’offre aucune attestation quant au contenu ou à l’exactitude du matériel présenté sur ces sites Web de tiers. Si vous décidez de consulter un site Web de tiers auquel mène un lien, vous le faites à vos propres risques.
11. Dispositions générales
11.1 Vous ne pouvez pas céder les présentes modalités sans l’accord écrit préalable de Monster, mais Monster peut céder ou transférer ces modalités en tout en partie, sans restriction.
11.2 Les présentes modalités sont régies par les lois de la province de l’Ontario et les lois fédérales du Canada qui leur sont applicables, sans tenir compte des principes de conflit de lois. Sauf si Monster fait un choix différent dans une instance particulière, vous convenez expressément de vous soumettre à la compétence personnelle exclusive des tribunaux de Toronto, en Ontario, pour la résolution de tout litige ayant trait à votre accès au service de CV de Monster ou à votre utilisation de celui-ci.
11.3 Si une disposition des présentes modalités est déclarée invalide par un tribunal compétent, l’invalidité de la disposition n’influe pas sur la validité des autres dispositions des modalités, lesquelles demeurent en vigueur. Aucune renonciation à une disposition des présentes modalités n’est réputée donner lieu à une nouvelle renonciation ou à une renonciation continue à cette disposition ni constituer une renonciation relativement à quelque autre disposition des présentes. De plus, le défaut par Monster de faire respecter une disposition des présentes modalités ne crée aucune présomption de renonciation à cette disposition ni n’influe sur la possibilité pour Monster d’assurer ultérieurement le respect de cette disposition.
11.4 À l’exception de ce qui est expressément prévu dans une entente supplémentaire, dans des modalités supplémentaires pour certains secteurs des sites de Monster, dans une mention légale particulière ou dans une licence de logiciel ou du matériel de logiciel sur des pages particulières du service de CV de Monster, les présentes modalités constituent l’intégralité de l’entente entre vous et Monster relativement à l’utilisation des sites Web du service de CV de Monster. Aucune modification des présentes modalités ne sera apportée autrement que par la publication d’une version révisée des modalités sur cette page.
En vigueur à compter du 13 juillet 2021
(Fin de la page)
Privacy Policy (Browser Extension)
Effective November 21st 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective November 21st 2024 to November 21st 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective September 22nd 2023 to November 21st 2024
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you. For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective October 12th 2021 to September 22nd 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective October 8th 2021 to October 12th 2021
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
Privacy Office
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Email: user.support@randstadrisesmart.com
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Terms and Conditions (Browser Extension)
Effective October 8th 2021
DownloadSummary of changes
Version with randstandrisesmart website and other updates
Table of Contents
TERMS & CONDITIONS
1. Acceptance of Terms.
1.1 RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 RiseSmart may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service.
The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (c) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
3. General Conditions/Access and Use of the Service.
3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Policy.
3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, RiseSmart hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your résumé, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You agree that RiseSmart may remove Your Content from the Service if it deems that you are in breach of the foregoing sentence or pursuant to other terms of this TOS. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. RiseSmart has the right, but not the obligation, to screen or monitor the Service, Content, or Your Content. You further agree that RiseSmart may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.4 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RiseSmart will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.
3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.
3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Policy for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.
3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.
3.9 You agree that RiseSmart (a) may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Content or any of Your Content will be retained by the Service and the maximum storage space that will be allotted on your behalf, (b) RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.
4. Payment.
4.1 Client Paid Participants: In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorized RiseSmart to provide to you (i.e., you will not be charged for the specific Service package they have authorized RiseSmart to provide to you.)
4.2 Direct Consumers: In the event Section 4.1 immediately above does not apply to your use of the Service (i.e. you have chosen to purchase RiseSmart services yourself), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
5. Representations and Warranties.
In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes of any jurisdiction, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your résumé, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.
6. Termination.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or provided to you separately, where applicable. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if RiseSmart believes that you have violated these TOS. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) may be permanently deleted by RiseSmart upon any termination of your account in its sole discretion. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment (if applicable) and the terms of Section 4-12 shall survive termination of these TOS.
7. DISCLAIMERS.
THE SERVICE, INCLUDING THE SITE, CONTENT (INCLUDING, WITHOUT LIMITATION, JOB AND CAREER DEVLEOPMENT LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER OR CAREER DEVELOPMENT SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS OR OTHER INFORMATION WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT OR CAREER DELVEOPMENT THROUGH THE USE OF THE SERVICE, OR THAT ANY EMPLOYMENT OR CAREER DEVELOPMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU. Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RiseSmart does not pre-screen content, but that RiseSmart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TOS.
8.2 Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you. IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
9. Indemnification.
You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.
10. Assignment.
You may not assign these TOS without the prior written consent of RiseSmart, but RiseSmart may assign or transfer these TOS, in whole or in part, without restriction.
11. Governing Law.
These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by RiseSmart in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
12. DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at user.support@risesmart.com (subject line: “DMCA Takedown Request”). You may also contact RiseSmart by mail at:
Attention: Copyright Agent
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that RiseSmart may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
13. 1. Apple-Enabled Software Applications.
RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
- RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:
user.support@risesmart.com
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart, Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
- See more at: http://www.randstadrisesmart.com/terms-conditions
14. Links to Other Sites.
The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RiseSmart of the contents on such third-party web sites. RiseSmart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
15. Mobile Devices.
If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Effective February 3, 2020
Datenschutzerklärung Insight Clients V3.0 JUNI 2022
Effective June 1st 2022
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Datenschutzerklärung für Randstad RiseSmart
(Outplacement, Karriereberatung, Redeployment, Worklife Coaching)
Bei Randstad RiseSmart legen wir großen Wert auf den Schutz der persönlichen Privatsphäre aller Menschen, deren Daten wir erheben und verarbeiten. Wir behandeln und schützen diese Daten mit größter Sorgfalt. Wir tun alles, um die uns zur Verfügung gestellten Daten vor Verlust, Veröffentlichung, unbefugten Zugriff oder unsachgemäße Nutzung zu schützen. In dieser Datenschutzerklärung erläutern wir Ihnen, wer wir sind und warum wir Ihre persönlichen Daten benötigen, welche Daten wir zusammenstellen und wie lange wir sie speichern, an wen die Daten eventuell weitergegeben werden, Ihre Rechte und wie Sie sie geltend machen können.
Diese Datenschutzerklärung ist für Sie bestimmt, wenn:
Sie Randstad RiseSmart als Partner für Ihr Outplacement-/Karriereberatungs-/ Redeployment-Programm oder Worklife Coaching ausgewählt haben.
A. Allgemeines
- Name und Anschrift der Verantwortlichen Stelle und des Datenschutzbeauftragten.
Der Verantwortliche im Sinne der Datenschutz-Grundverordnung (DSGVO) und anderer nationaler Datenschutzgesetze der Mitgliedstaaten sowie sonstiger datenschutzrechtlicher Bestimmungen ist die:
Randstad RiseSmart GmbH (nachfolgend Randstad RiseSmart)
Kasernenstraße 49
40213 Düsseldorf
Deutschland
Fon: +49 211 55867-0
E-Mail: info@randstadrisesmart.de
Unseren Datenschutzbeauftragten erreichen Sie unter datenschutz@randstadrisesmart.de oder unserer Postadresse mit dem Zusatz „Der Datenschutzbeauftragte“.
- Ihre Rechte
Wenn Sie uns personenbezogene Daten zur Verfügung stellen, sind Sie Betroffener i.S.d. DSGVO und es stehen Ihnen folgende Rechte gegenüber Randstad RiseSmart zu:
- Recht auf Auskunft,
- Recht auf Berichtigung oder Löschung,
- Recht auf Einschränkung der Verarbeitung,
- Recht auf Widerspruch gegen die Verarbeitung,
- Recht auf Datenübertragbarkeit.
Ihre Rechte machen Sie uns gegenüber bitte unter Verwendung der E-Mail-Anschrift datenschutz@randstadrisesmart.de geltend.
Sie haben zudem das Recht, sich bei einer Datenschutzaufsichtsbehörde über die Verarbeitung Ihrer personenbezogenen Daten durch uns zu beschweren.
B. Datenverarbeitung bei Besuch unserer Website
- Browserdaten
1. Beschreibung und Umfang der Datenverarbeitung
Wenn Sie unsere Website betrachten möchten, erheben wir die folgenden Daten:
(1) Informationen über Browsertyp und die verwendete Sprache sowie Version
(2) Ihr Betriebssystem und Displayauflösung
(3) Ihren Internet-Service-Provider
(4) Ihre IP-Adresse
(5) Datum und Uhrzeit Ihres Zugriffs
(6) Zeitzonendifferenz zur Greenwich Mean Time (GMT)
(7) Inhalt der Anforderung (konkrete Seite)
(8) Zugriffsstatus/HTTP-Statuscode
(9) jeweils übertragene Datenmenge
(10) Websites, von denen Sie auf unsere Internetseite gelangt sind.
Wenn Sie einen Benutzer-Account für unsere Website besitzen, werden diese Daten zusammen mit den Daten gespeichert, die Sie uns zur Verfügung gestellt haben.
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Diese Daten sind für uns technisch erforderlich, um Ihnen unsere Website anzuzeigen und die Stabilität und Sicherheit zu gewährleisten. Rechtsgrundlage ist Art. 6 Abs. 1 S. 1 lit. f DSGVO.
3. Dauer der Speicherung
Diese Daten werden gelöscht, sobald Sie unsere Dienstleistungen nicht mehr in Anspruch nehmen.
- Verwendung von Cookies
Unsere Website verwendet Cookies. Bei Cookies handelt es sich um Textdateien, die im Internetbrowser bzw. vom Internet Browser auf dem Computersystem des Nutzers gespeichert werden. Ruft ein Nutzer eine Website auf, so kann ein Cookie auf dem Betriebssystem des Nutzers gespeichert werden. Dieser Cookie enthält eine charakteristische Zeichenfolge, die eine eindeutige Identifizierung des Browsers beim erneuten Aufrufen der Website ermöglicht. Cookies dienen dazu, das Internetangebot insgesamt nutzerfreundlicher und effektiver zu machen.
Unbedingt erforderliche Cookies
Diese Cookies sind unerlässlich, damit Sie sich auf der Website bewegen und deren Funktionen nutzen können, z. B. um auf sichere Bereiche der Website zuzugreifen. Ohne diese Cookies können die von Ihnen angeforderten Dienste wie die Anmeldung oder das Ausfüllen von Formularen nicht genutzt werden.
Über Ihren Browser können Sie diese Cookies blockieren, allerdings können Sie dann nicht den vollen Funktionsumfang der Website nutzen. Diese Cookies speichern keinerlei personenbezogene Informationen. Sie können die gesetzten Cookies zudem über den eingesetzten Browser löschen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
OptanonConsent | insight.risesmart.de | Dieses Cookie wird von der Cookie-Compliance-Lösung von OneTrust gesetzt. Es speichert Informationen über die Kategorien von Cookies, die die Website verwendet, und darüber, ob Besucher ihre Zustimmung zur Verwendung der einzelnen Kategorien gegeben oder zurückgezogen haben. Dies ermöglicht es den Eigentümern der Website zu verhindern, dass Cookies in jeder Kategorie im Browser des Benutzers gesetzt werden, wenn keine Zustimmung erteilt wird. Das Cookie hat eine normale Lebensdauer von einem Jahr, so dass die Präferenzen von wiederkehrenden Besuchern wiedererkannt werden. Es enthält keine Informationen, die den Website-Besucher identifizieren können. | 1 Jahr |
OptanonAlertBoxClosed | insight.risesmart.de | Dieses Cookie wird von Websites gesetzt, die bestimmte Versionen der Cookie-Compliance Lösung von OneTrust verwenden. Es wird gesetzt nachdem Besucher einen Cookie-Informationshinweis gesehen haben und in einigen Fällen nur, wenn sie den Hinweis aktiv schließen. Es ermöglicht es der Website, die Mitteilung einem Benutzer nur einmal anzuzeigen. Das Cookie hat eine Lebensdauer von einem Jahr und enthält keine persönlichen Informationen. | 1 Jahr |
JSESSIONID | insight.risesmart.de | Das Cookie JSESSIONID wird von J2EE Web Anwendungen zum Session-Tracking verwendet. | Dauer der Session |
AWSELB | insight.risesmart.de | Das Cookie AWSELB wird verwendet, um die Web-Session auf der jeweilige Instanz abzubilden (Lastverteilung). | Dauer der Session |
AWSELBCORS | insight.risesmart.de | Bei CORS-Anfragen (Cross-origin resource sharing) ist es teilweise notwendig dieses Cookie zu setzen, um eine Lastverteilung auf mehrere Instanzen zu ermöglichen. | Dauer der Session |
locale_cookie | insight.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
app_locale | insight.risesmart.de | app_locale und locale_cookie sind Anwendungs-Cookies der RiseSmart Torch Anwendung, um bevorzugte Gebietsschemata des Benutzers zu identifizieren. | 1 Tag |
__cfduid | insight.risesmart.de | Das Cookie wird vom Content-Netzwerk Cloudflare verwendet, um vertrauenswürdigen Webverkehr zu identifizieren. | 1 Monat |
Performance Cookies
Performance Cookies erlauben uns die Besuche auf unserer Website zu erfassen und deren Ursprung. Wir nutzen diese Informationen, um die Performance unserer Website zu verbessern. Wir können dadurch herausfinden, welche Seiten häufiger oder seltener genutzt werden.
Alle Informationen, die diese Cookies sammeln, werden aggregiert und sind somit anonym. Wenn Sie diese Cookies nicht zulassen, sind wir nicht in der Lage festzustellen, wann Sie unsere Website besuchen und wir können deren Performance nicht messen.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
_gid | insight.risesmart.de | Dieses Cookie ist mit Google Universal Analytics verknüpft. Es speichert und aktualisiert einen eindeutigen Wert für jede besuchte Seite. | 1 Tag |
_ga | insight.risesmart.de | Dieses Cookie von Google Universal Analytics wird verwendet, um eindeutige Nutzer zu unterscheiden, indem eine zufällig generierte Zahl als Kundenidentifikator zugewiesen wird. Es ist in jeder Seitenanforderung auf einer Website enthalten und wird zur Berechnung von Besucher-, Sitzungs- und Kampagnendaten für die Analyseberichte der Websites verwendet. Dieses Cookie von Google Universal Analytics wird verwendet, um eindeutige Nutzer zu unterscheiden, indem eine zufällig generierte Zahl als Kundenidentifikator zugewiesen wird. Es ist in jeder Seitenanforderung auf einer Website enthalten und wird zur Berechnung von Besucher-, Sitzungs- und Kampagnendaten für die Analyseberichte der Websites verwendet. Standardmäßig ist es so eingestellt, dass es nach 2 Jahren abläuft.Standardmäßig ist es so eingestellt, dass es nach 2 Jahren abläuft. | 2 Jahre |
_gat | insight.risesmart.de | Dieses Cookie wird von Google Universal Analytics genutzt und zur Drosselung der Anforderungsrate verwendet, wodurch die Datenerfassung auf stark frequentierten Websites eingeschränkt wird. Der Cookie läuft nach 10 Minuten ab. | 10 Minuten |
Cookies für Tracking-Zwecke
Diese Cookies werden entweder von uns oder durch unsere Marketingpartner gesetzt. Sie können von diesen Partnern genutzt werden, um Interessenprofile zu generieren und auf Sie zugeschnittene Werbung zu ermöglichen.
Die Cookies speichern keine direkten personenbezogenen Informationen, basieren aber auf anderen eindeutigen Identifikatoren, wie Ihren Browser oder ihr Device. Wenn Sie diese Cookies nicht erlauben, wird die Werbung weniger zielgruppen-orientiert stattfinden.
Verwendete Cookies:
Cookie | Domäne | Beschreibung | Lebensdauer |
---|---|---|---|
DFTT_END_USER_PREV_BOOTSTRAPPED | insight.risesmart.de | Das Cookie wird von Drift platziert, um den letzten Besuch zu speichern | 2 Jahre |
driftt_aid | insight.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Benutzer-ID zu speichern. | 2 Jahre |
driftt_sid | insight.risesmart.de | Das Cookie wird von Drift platziert, um eine eindeutige Sitzungs-ID zu speichern. | 2 Jahre |
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Zweck und Rechtsgrundlage
Der Zweck der technisch notwendigen Cookies ist, die Nutzung von Websites für die Nutzer zu vereinfachen. Die Verwendung von Analyse-Cookies erfolgt zu dem Zweck, die Qualität unserer Website und ihre Inhalte zu verbessern. Durch die Analyse-Cookies erfahren wir, wie die Website genutzt wird und können so unser Angebot stetig optimieren. Einige Funktionen unserer Internetseite können ohne den Einsatz von Cookies nicht angeboten werden. Für diese ist es erforderlich, dass der Browser auch nach einem Seitenwechsel wiedererkannt wird. In diesen Zwecken liegt auch unser berechtigtes Interesse in der Verarbeitung der personenbezogenen Daten nach Art. 6 Abs. 1 lit. f DSGVO (Rechtsgrundlage).
3. Dauer der Speicherung
Diese Daten werden spätestens gelöscht, sobald Sie unsere Dienstleistungen nicht mehr in Anspruch nehmen.
C. Datenverarbeitung bei Outplacement-, Karriere-, Redeployment-Beratung oder Worklife Coaching
1. Beschreibung und Umfang der Datenverarbeitung
Wir erheben Ihre personenbezogenen Daten, sobald Sie diese auf unserer Website selbst eingeben. Dazu gehören Kontaktinformation (Name und E-Mail Adresse), sowie Informationen zu Mitarbeitern Ihres Unternehmens, die an einer Outplacement-, Karriere-, Redeployment-Beratung oder Worklife Coaching teilnehmen.
2. Zweck und Rechtsgrundlage der Datenverarbeitung
Wir verwenden Ihre personenbezogenen Daten zur Durchführung von Outplacement-, Karriere-, Redeployment-Beratungen oder Worklife Coachings auf Basis von Art. 6 Abs. 1 lit. b) DSGVO.
Wir teilen Ihre Daten mit verbundenen Unternehmen des Randstad Konzerns zur Erfüllung eines Vertrags mit Ihrem Unternehmen auf Basis von Art. 6 Abs. 1 lit. b) DSGVO.
Empfänger der Daten
(1) Interne Stellen bei Randstad RiseSmart zur Bearbeitung und Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings.
(3)	Verbundene Unternehmen des Randstad Konzerns zur Unterstützung bei der Durchführung der Outplacement-, Karriere-, Redeployment-Beratung oder des Worklife Coachings.
(4) Dienstleister aus anderen Randstad Gesellschaften, wobei Second und Third-Level Support durch Randstad Gesellschaften in den USA und Indien erbracht werden. Mit diesen Auftragsverarbeitern wurden EU-Standard Vertragsklauseln abgeschlossen, um ein angemessenes Schutzniveau zu gewährleisten.
4. Dauer der Speicherung
Diese Daten werden gelöscht, sobald Sie unsere Dienstleistungen nicht mehr in Anspruch nehmen. Sofern gesetzliche Aufbewahrungsfristen gelten, erfolgt die Löschung nach Ablauf dieser Fristen.
Stand: Juni 2022
RISESMART隐私政策
Effective July 27th 2022
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RISESMART隐私政策
RiseSmart, Inc.及其关联方(统称为“RiseSmart”)根据本服务条款(列于http://www.RiseSmart.com/terms-conditions,简称“服务条款”)和本隐私政策并通过RiseSmart控制的网站(包括但不限于http://www.RiseSmart.com,统称为“网站”)向您提供服务(定义见下文)。“服务”包括(a)网站,(b)RiseSmart的新职介绍、职业管理服务以及其他相关服务(包括文件管理和分析服务)和相关技术,和(c)所有软件、材料、门户网站、建议、工作机会、数据、报告、文本、图像、声频、视频、分析和通过上述各项提供的其他内容(统称为“内容”)。
RiseSmart是一家通过服务收集和处理所有信息的数据控制商。向服务添加或增加的任何新功能也应符合本服务条款和本隐私政策的规定。本隐私政策规定了RiseSmart就服务收集、传输和以其他方式使用个人身份数据(“个人数据”)和其他信息方面的政策。在您使用服务的期间内可能收集的匿名数据不属于“个人数据”。
您的同意
当您自愿向RiseSmart提供个人数据或以其他方式使用服务时,即表明您同意RiseSmart收集、传输和使用本隐私政策中所述的您的个人数据及其他信息,RiseSmart还可以不时向您提供与服务相关的任何其他通知。您有权撤销此同意,并要求删除您提供给RiseSmart的信息。
从您那里收到的个人数据
如果您希望使用服务,RiseSmart可能要求您直接向RiseSmart提供个人数据。RiseSmart可能从您那里收到:
- 您的姓名、当前或最近的职位、公司名称、电话号码、地址、电子邮件地址和其他身份或联系信息;
- 您的工作经历和其他经验、教育和培训、其他资格、就业目标、薪酬期望、兴趣以及其他职业和履历信息;
- 有关您的职业发展和求职的里程碑进展和状态的信息;和
- 就您的职业发展、求职和服务而言,有关您的客户满意度或其他反馈的信息。
此外,当您通过服务与RiseSmart互动时,RiseSmart可能在您自愿提供您的其他个人数据和信息时(例如当您联系RiseSmart进行查询或者回复RiseSmart的某项调查时)收集该等信息。
RiseSmart会要求您通过与服务相关的各种渠道提供您的个人数据,包括激活您的服务账户(无论通过在线注册还是填写纸质表格),填写简历、清单和问卷调查,培训和咨询会议,讨论以及发送电子邮件等渠道。该服务还可能收集您的互联网协议(IP)地址。
对于您在服务上可能开设的个人网络账户,RiseSmart可能要求您设定唯一的用户名、密码和提醒问题,并使用此登录信息访问您的账户。您同意对您的用户名、密码和提醒问题信息进行保密,如果未予保密,则应对由此导致的与您的个人数据或其他信息的任何使用、盗窃、更改、误用、披露或其他损失承担全部责任。
从公司客户收到的个人数据
您承认RiseSmart的公司客户可以聘请RiseSmart以协助(a)已经或将要从该公司客户处离职的当前和/或前雇员通过该服务寻找工作( “新职介绍协助”)或(b)该公司客户的现有员工通过服务实施职业发展(“职业发展协助”)(第(a)和(b)项统称为“公司客户参与计划”)。就公司客户参与计划而言,RiseSmart从公司客户处收到有资格获得服务的人员名单。
如果您符合资格,公司客户的名单中可能包括您的姓名、当前或最近的职位、家庭住址、电话号码、电子邮件地址、所属部门或业务单位以及其他个人数据。
如果您符合资格,公司客户的名单中可能包括您的姓名、当前或最近的职位、家庭住址、电话号码、电子邮件地址、所属部门或业务单位以及其他个人数据。
由于RiseSmart为您提供由您的雇主或前雇主提供的服务的合法权益,因此其以这种方式处理您的信息。RiseSmart只通过从公司客户处收到的个人数据来联系合格参与者。
个人数据的跨国转移
如果您或公司客户提供与服务相关的个人数据,您承认和同意此类个人数据可能从您或公司客户的当前位置转移至位于美国或其他国家/地区的RiseSmart办公室、服务器以及本政策中提及的获授权第三方。
其他信息和Cookie的使用
当您通过服务与RiseSmart交互时,RiseSmart会接收和存储某些非个人身份信息。这些信息是通过各种技术被动收集的,当前无法用于识别您的具体身份。此外,作为服务功能的一部分,该服务可能收集其他非个人身份信息(例如收集不包含个人身份信息的问卷答复)。RiseSmart可自行存储此类信息或者在RiseSmart代理商或服务提供商拥有和维护的数据库中可能载有的此类信息。在服务中可以使用此类信息并将其与其他信息结合起来,以跟踪网站或服务的访问总人数、服务或每个网站页面的访问人数以及RiseSmart访客的互联网服务供应商的域名。值得注意的是,除非您或公司客户按上文规定自愿提供个人数据,否则在此过程中不会提供或使用任何该等个人数据。
在提供服务时,RiseSmart可能使用一种名称为“cookies”的技术。 Cookie是在您访问服务时托管服务的计算机向您的浏览器提供的一种信息。RiseSmart的cookie有助于为服务提供附加功能,并协助RiseSmart更准确地分析服务使用情况。例如,该服务可能在您的浏览器上设置cookie,据此您在使用服务期间无需多次输入密码即可访问服务。在RiseSmart使用cookie的任何情况下,除非得到您的许可,否则RiseSmart不会收集个人数据。
在您使用服务后,RiseSmart可能(并可能允许第三方服务提供商)使用此类cookie或类似技术跨不同网站地不断收集有关您的浏览活动的信息。该服务目前不支持“不跟踪”(DNT)信号,因此无论是否收到DNT信号,均会按照本隐私政策的规定运行。如果在将来RiseSmart支持DNT信号,会在本隐私政策中说明运行方法。
与公司客户共享信息
如果您根据公司客户的新职介绍协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关职业发展的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均可单独或汇总地予以提供(统称为“新职介绍进展数据”)。RiseSmart可能不时向您提供工具,以便您调整RiseSmart可以与公司客户共享的新职介绍进展数据。如果您根据公司客户的职业发展协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关工作搜索的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均可汇总地予以提供(统称为“职业发展进展数据”)。RiseSmart可能不时向您提供工具,以便您调整RiseSmart可以与公司客户共享的职业发展进展数据。如果您对RiseSmart可能与公司客户共享的新职介绍进展数据或职业协助进展数据有任何问题或疑虑,请联系user.support@risesmart.com(参见下文信息)。
有关您的信息的其他用途和共享
RiseSmart可出于向您提供服务的目的而在服务范围内收集、传输和使用您的个人数据和其他信息,包括但不限于为了确定您希望从服务中获得哪些特定协助,以及向您提供工作机会、工作搜索培训、简历写作协助和/或其他协助(如果您是一名求职者)。RiseSmart还可出于以下目的使用您的个人数据和其他信息:(a)确认您的身份和进行验证,例如在访问您的服务账户或者与RiseSmart员工通信时,或(b)就您的账户在内部升级或调整RiseSmart账户的服务活动,在内部向RiseSmart管理层报告服务绩效,进行内部培训以及以其他方式管理RiseSmart的业务。
此外,如果您出于某种原因提供个人数据或其他信息,RiseSmart可能基于该等原因使用此类个人数据或其他信息。例如,如果您通过电子邮件联系RiseSmart,RiseSmart会使用您提供的个人数据来回答或解决您的问题。
RiseSmart还可能使用和共享通过服务收集的您的个人数据和其他信息,具体如下所示:
- RiseSmart可能使用您的个人数据和其他信息来协助RiseSmart改进服务的内容和功能,更好地了解RiseSmart的用户以及改进服务。
- 在RiseSmart开展业务的过程中可能出售或购买企业或资产。如果发生公司出售、合并、重组、解散或类似事件,个人数据和其他信息可能构成被转让资产的一部分。
- RiseSmart可能出于与本隐私政策相一致的目的与RiseSmart关联方共享您的个人数据和其他信息。
- 与许多企业一样,RiseSmart有时聘请其他公司来执行与业务相关的某些职能,包括分析职能。当RiseSmart聘请其他公司代表其履行职能时,RiseSmart可以在必要或有用的范围内向其提供您的个人数据和其他信息,以履行特定的职能。这些服务提供商包括托管我们服务器、提供客户管理工具、提供通信工具以及协助检测和防止欺诈行为的公司。
- 如果出于法律要求或者善意地相信为了(i)遵守法律义务,(ii)保护和捍卫RiseSmart的权利或财产,(iii)在紧急情况下采取行动以保护公众或服务的用户之人身安全,或(iv)防止产生法律责任,RiseSmart可能在必要情况下披露您的个人数据和其他信息。
个人汇总数据
个人汇总数据
为了持续且更好地了解和服务用户,RiseSmart经常根据接收的个人数据和其他信息对用户的人口统计划分、兴趣、结果和行为进行研究。该研究以及有关用户行为、结果或评论的其他指标或分析可以在汇总的基础上进行编辑和分析,RiseSmart可以与其关联方、代理商和业务合作伙伴共享此类汇总数据。此类汇总信息无法识别您的身份。RiseSmart还可能披露汇总的用户统计数据,以便出于其他合法目的向当前和潜在的业务合作伙伴以及其他第三方说明RiseSmart的服务。
信息管理
RiseSmart可以通过数字形式接收或输入您的所有个人数据或其他信息。RiseSmart可以将您的所有个人数据和其他信息合并到一个单独的专门数据库记录中,并可以将其存储在美国或其他国家/地区托管的服务器上。您有权确保RiseSmart持有的您的个人数据是正确的。为确保个人数据的准确性,RiseSmart可能提示和要求您查看您的账户中的个人数据摘要和其他信息,并确认或更正这些信息。
RiseSmart的员工可以在线访问您的账户,以确定需求和行动项目,如果您是一名求职者,员工还可以从任何办公室、差旅或工作地点向您的账户发送工作机会。
RiseSmart采取合理措施来保护通过服务提供的个人数据和其他信息,以使其免遭丢失、误用以及未经授权的访问、披露、更改或破坏。但是,任何互联网或电子邮件传输均非完全安全或者不会发生错误。特别是,通过电子邮件或其他方式与服务之间传输信息时也可能是不安全的。因此,当您决定通过电子邮件或任何其他传输方式向RiseSmart发送信息时应特别谨慎。
与其他网站的链接
本隐私政策仅适用于该服务。服务中可能包含并非由RiseSmart运营或控制的其他网站(“第三方网站”)的链接。本隐私政策中规定的内容和程序不适用于第三方网站。服务中的链接并不意味着RiseSmart认可或已审核第三方网站。RiseSmart建议您直接联系这些网站,以获取有关其隐私政策的信息。
公共信息
如果您主动通过服务或任何其他方式向RiseSmart提供任何个人信息,例如向服务的公共区域发布信息,此类信息将被视为非保密信息。RiseSmart可以自由地复制、使用此类信息或者向其他方披露和分发,不会受到任何限制,亦无需注明出处。世界上有权访问本网站的任何人均可访问和保存发布到公共区域的任何信息。
儿童
RiseSmart不适用于13岁以下儿童,也不会故意收集该等儿童的信息。
本隐私政策的变更
服务和RiseSmart的业务可能不时发生变更。因此,RiseSmart有时可能需要对本隐私政策进行变更。RiseSmart保留随时更新或修改本隐私政策的权利,恕不另行通知。请定期查看本政策,特别是在您提供任何个人数据之前。本隐私政策的最后更新日期列于下文。在对本隐私政策进行任何变更或修订后,如果您继续使用服务,即表明您同意经修订隐私政策的条款。
联系RiseSmart
为确保您的个人数据准确、最新和完整,请按照下述联系方式联系RiseSmart。RiseSmart将采取合理措施更新或更正您在此前通过服务提交并由我们持有的个人数据。
如果您遇到与本隐私政策或隐私事宜相关的问题或疑虑,则可通过以下地址联系RiseSmart首席隐私官:
隐私办公室
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
电子邮件:user.support@risesmart.com
RiseSmart Inc.
55 Almaden Boulevard, Suite 800
San Jose, CA 95113
电子邮件:user.support@risesmart.com
欧洲经济区和瑞士的用户有权就数据保护事宜向其所在国家的监管机构提出申诉。
自2019年1月18日起生效
Privacy Policy
Effective September 22nd 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-US Data Privacy Framework and Swiss-US Data Privacy Framework
RiseSmart Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. RiseSmart Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. RiseSmart Inc. is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over RiseSmart Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, RiseSmart Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, RiseSmart Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you. For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339
United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
Effective October 12th 2021 to September 22nd 2023
DownloadTable of Contents
RISESMART’S PRIVACY POLICY
Last Updated on September 18, 2021
Last Updated on September 18, 2021
RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through web sites under the control of RiseSmart (including, without limitation, the site located at http://www.randstadrisesmart.com) (collectively, the “Site”), subject to its Terms of Service (located at http://www.randstadrisesmart.com/terms-conditions) (the “TOS”) and this Privacy Policy. The “Service” includes (a) the Site, (b) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies including RiseSmart mobile app, and (c) all software, materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, the “Content”).
RiseSmart is the data controller for the information collected and processed through the Service and a Processor to information collected from the end-users of the RiseSmart platform and mobile app. Any new features added to or augmenting the Service are also subject to the TOS and this Privacy Policy. This Privacy Policy sets forth RiseSmart’s policy with respect to personally identifiable data (“Personal Data”) and other information that is collected, transmitted, and otherwise used in connection with the Service. We respect your privacy rights and value your trust. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.
Your Consent
By voluntarily providing RiseSmart with Personal Data or otherwise using the Service, you agree and consent to RiseSmart’s collecting, transmitting and using your Personal Data and other information as summarized below in this Privacy Policy and any other notices RiseSmart may provide to you from time to time in relation to the Service. You have the right to revoke this consent and request that the information you have provided to RiseSmart be deleted.
Personal Data Received from You
If you choose to use the Service, RiseSmart may ask you to provide Personal Data directly to RiseSmart. RiseSmart may receive from you:
- your name, current or recent job title, company name, telephone numbers, address, email address and other identification or contact information;
- your job history and other experience, education and training, other qualifications, employment objectives, compensation expectations, interests, and other career and biographical information;
- information on your milestone progress and status in your career development and job search; and
- information on your customer satisfaction or other feedback about your career development, your job search, and the Service.
In addition, when you interact with RiseSmart through the Service, RiseSmart may collect other Personal Data and information from you when you voluntarily provide such information, such as when you contact RiseSmart with inquiries or respond to one of RiseSmart’s surveys.
You will be asked to provide your Personal Data through various channels in connection with the Service, including through the activation of your account for the Service, whether in online registration or paper form, your résumé, checklists and questionnaires that you complete for RiseSmart, training and counseling sessions, discussions, exchange of email and other channels. The Service may also collect your Internet Protocol (IP) address.
For your personal web account that you may establish on the Service, RiseSmart may ask you to establish a unique user name, password and reminder question and use this login information to access your account. You agree to protect the secrecy of your user name, password and reminder question information, and if you fail to maintain that secrecy, you will be fully responsible for any resulting use, theft, alteration, misuse, disclosure or other loss related to your Personal Data or other information.
You have the right to request access to the data you choose to provide to RiseSmart. Access requests can be made to user.support@randstadrisesmart.com. RiseSmart will respond to such access requests within 30 days.
Personal Data Received from a Company Client
You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). In connection with Company Client Engagements, RiseSmart receives from the company client a list of persons eligible for the Service. If you are eligible, the company client’s list may include your name, current or recent job title, home address, telephone number, email address, department or business unit, and other Personal Data.
RiseSmart processes your information in this way for its legitimate interest in providing you with a service made available to you by your employer or former employer. RiseSmart only uses Personal Data received from company clients to contact eligible participants.
International Transfers of Personal Data
If you or the company client provide Personal Data in connection with the Service, you acknowledge and agree that such Personal Data may be transferred from your or the company client's current location to the offices and servers of RiseSmart and the authorized third parties referred to herein located in the United States or other countries.
Other Information and Use of Cookies
When you interact with RiseSmart through the Service, RiseSmart receives and stores certain personal data. such as an IP address, which is collected passively using various technologies. In addition, the Service may collect other personal data as part of the functionality of the Service (e.g., the collection of responses to questionnaires that do not contain personally identifiable information). RiseSmart may store such information itself, or such information may be included in databases owned and maintained by RiseSmart’s agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Site or Service, the number of visitors to each page of the Site or Service, and the domain names of RiseSmart’s visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process unless you or a company client voluntarily provide it, as set forth above.
In operating the Service, RiseSmart may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. RiseSmart’s cookies help provide additional functionality to the Service and help RiseSmart analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to enter a password more than once during a visit to the Service. In all cases in which RiseSmart uses cookies, RiseSmart will not collect Personal Data except with your permission. Most web browsers support cookies, and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our services.
RiseSmart may (and may allow third-party service providers to) use such cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Service. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If RiseSmart does so in the future, a description of how RiseSmart will do so will be set forth in this Privacy Policy.
Sharing of Information with Company Clients
If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your career development, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner (collectively, “Outplacement Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Outplacement Progress Data that RiseSmart is permitted to share with the company client. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that may identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in your job search, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner (collectively, “Career Development Progress Data”). From time to time, RiseSmart may make available to you tools to allow you to adjust the Career Development Progress Data that RiseSmart is permitted to share with the company client. If you have any questions or concerns about the Outplacement Progress Data or Career Assistance Progress Data RiseSmart may share with the company client, please contact user.support@risesmart.com (see information below).
RiseSmart Chrome Browser Extension & FirstLook feature: Participants may opt-in to share certain data elements of their profile with recruiters within the SpotLight application. Recruiters who have signed up with RiseSmart's FirstLook service can install our browser extension to view matching candidate profiles for specific job opportunities. In such cases, only the profile information of participants who have provided consent will be shared with the recruiters. For recruiters who install the browser extension, RiseSmart does not track search engine history, emails, or browsing on any site that is not job related.
Other Uses and Sharing of Your Information
Within the scope of the Service, RiseSmart may collect, transmit and use your Personal Data and other information for the purpose of providing you the Service, including without limitation to determine what particular assistance you want from the Service and, if you are a job seeker, to provide to you job leads, job search training, résumé-writing assistance and/or other assistance. RiseSmart may also use your Personal Data and other information (a) to identify and authenticate you, e.g., for your access to your Service account and your communication with RiseSmart personnel, or (b) internally to escalate or adjust RiseSmart’s Service activity for your account, report Service performance internally to RiseSmart management, conduct internal training and otherwise manage RiseSmart’s business.
In addition, if you provide Personal Data or other information for a certain reason, RiseSmart may use the Personal Data or other information in connection with the reason for which it was provided. For instance, if you contact RiseSmart by e-mail, RiseSmart will use the Personal Data you provide to answer your question or resolve your problem.
RiseSmart may also use and share your Personal Data and other information collected through the Service, as follows:
- RiseSmart may use your Personal Data and other information to help RiseSmart improve the Content and functionality of the Service, better understand RiseSmart’s users, and improve the Service.
- As RiseSmart develops its business, RiseSmart might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data, and other information may be part of the transferred assets.
- RiseSmart may share your Personal Data and other information with RiseSmart’s affiliates for purposes consistent with this Privacy Policy.
- RiseSmart, like many businesses, sometimes engages other companies to perform certain business-related functions, including analytics. When RiseSmart engages another company to perform a function on its behalf, RiseSmart may provide them with your Personal Data and other information to the extent necessary or useful for them to perform their specific function. These service providers include companies that host our servers, provide our customer administration tools, provide communication tools, and provide services to help detect and prevent fraud.
- RiseSmart may disclose your Personal Data and other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RiseSmart, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Service, RiseSmart often conducts research on its user demographics, interests, results and behavior based on the Personal Data and other information provided to RiseSmart. This research, and other metrics or analytics about user behavior, results or reviews, may be compiled and analyzed on an aggregate basis, and RiseSmart may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. RiseSmart may also disclose aggregated user statistics in order to describe RiseSmart’s services to current and prospective business partners and to other third parties for other lawful purposes.
Data Security
The security of personal information we collect is important to us. We have implemented reasonable physical, technological, and administrative safeguards designed to protect the information we collect and process. This includes restricting access to such personal information only to those people who have a legitimate need to know, in order to discharge their job responsibilities. The data collected through our portal is encrypted in transit and while at rest. In addition, we will require that all third parties acting on behalf of RiseSmart and to which personal information is provided, give us adequate contractual assurances that they will safeguard all such personal information in a manner consistent with this policy.
We endeavor to protect the privacy of your account and other personal information we hold in our systems, but no security measures are 100% foolproof. The transmission of information via the internet is not completely secure. Unauthorized entry or use, hardware or software issues, and other factors, may compromise the security of the data, at any time.
Information Management
RiseSmart may receive or enter all of your Personal Data or other information in digital form. RiseSmart may combine all Personal Data and other information from or about you into a single proprietary database record, and may store it on servers hosted in the United States or in other countries. You have the right to ensure the Personal Data RiseSmart has about you is correct. In pursuit of this accuracy, RiseSmart may prompt and require you to review a summary of your Personal Data and other information in your account and confirm or correct the information.
Your California Privacy Rights
You have the right to know whether RiseSmart has collected personal data from you. You may submit up to two access requests within a 12-month period directing RiseSmart to disclose any of the following to you:
- the categories or specific pieces of personal data that RiseSmart has collected from you;
- the categories of sources from which RiseSmart has collected your data;
- the reasons why RiseSmart collects data from you; or
- the categories of third parties with whom RiseSmart shares personal data.
You also have the right to request that RiseSmart delete any of your personal data that RiseSmart has collected from you with certain exceptions. RiseSmart may refuse your deletion request if permitted by law. If RiseSmart denies your deletion request, RiseSmart will tell you why the request was denied. Additionally, if RiseSmart can verify your deletion request and determine that no exception to deletion applies, RiseSmart will direct any of its service providers that have received your personal data to delete your personal data from their records as well. To exercise these rights, please visit https://www.randstadrisesmart.com/DSAR.
California residents may call the toll-free number: (844) 562-2622.
California residents may call the toll-free number: (844) 562-2622.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
RiseSmart’s personnel may access your account online, determine needs and action items, and if you are a job seeker post job leads to your account from any office, travel, or work location.
RiseSmart takes reasonable steps to protect the Personal Data and other information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail or other transmissions sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to RiseSmart via e-mail or any other transmission method. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Privacy Notice.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Links to Other Web Sites
This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by RiseSmart (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Service do not imply that RiseSmart endorses or has reviewed the Third-Party Sites. RiseSmart suggests contacting those sites directly for information on their privacy policies.
Public Information
If you provide any unsolicited personal information to RiseSmart through the Service or through any other means, such as by posting information to public areas of the Service such unsolicited information shall be deemed to be non-confidential. RiseSmart shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution. Any information posted to a public area may be accessed and saved by anyone in the world with access to the Site.
Children
RiseSmart is not intended for, nor does RiseSmart knowingly collect information from children under 16.
Changes to this Privacy Policy
The Service and RiseSmart’s business may change from time to time. As a result, at times, it may be necessary for RiseSmart to make changes to this Privacy Policy. RiseSmart reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective.
Choice
Risesmart, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. RiseSmart, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
RiseSmart Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from the European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
RiseSmart Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. RiseSmart Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, RiseSmart Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contacting RiseSmart
To keep your Personal Data accurate, current and complete, please contact RiseSmart as specified below. RiseSmart will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
In the event you have issues or questions related to this Privacy Policy or related privacy matters, you may contact RiseSmart’s chief privacy officer at the following address:
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339
United States
Users in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint with the supervisory authority for data protection in their country.
Effective January 31, 2020
China PP
Effective January 9th 2025
DownloadTable of Contents
RISESMART隐私政策
RiseSmart, Inc.及其关联方(统称为“RiseSmart”)根据本服务条款(列于 http://www.RiseSmart.com/terms-conditions,简称“服务条款”)和本隐私政策并通过 RiseSmart控制的网站(包括但不限于http://www.RiseSmart.com,统称为“网站”)向您提供服务(定义见下文)。“服务”包括(a)网站,(b)RiseSmart的新职介绍、职业管理服务以及其他相关服务(包括文件管理和分析服务)和相关技术,和(c)所有软件、材料、门户网站、建议、工作机会、数据、报告、文本、图像、声频、视频、分析和通过上述各项提供的其他内容(统称为“内容”)。
RiseSmart是一家通过服务收集和处理所有信息的数据控制商。向服务添加或增加的任何新功能也应符合本服务条款和本隐私政策的规定。本隐私政策规定了RiseSmart就服务收集、传输和以其他方式使用个人身份数据(“个人数据”)和其他信息方面的政策。在您使用服务的期间内可能收集的匿名数据不属于“个人数据”。
您的同意
当您自愿向RiseSmart提供个人数据或以其他方式使用服务时,即表明您同意RiseSmart收集、传输和使用本隐私政策中所述的您的个人数据及其他信息,RiseSmart还可以不时向您提供与服务相关的任何其他通知。您有权撤销此同意,并要求删除您提供给RiseSmart的信息。
从您那里收到的个人数据
如果您希望使用服务,RiseSmart可能要求您直接向RiseSmart提供个人数据。RiseSmart可能从您那里收到:
您的姓名、当前或最近的职位、公司名称、电话号码、地址、电子邮件地址和其他身份或联系信息;
您的工作经历和其他经验、教育和培训、其他资格、就业目标、薪酬期望、兴趣以及其他职业和履历信息;
有关您的职业发展和求职的里程碑进展和状态的信息;和
此外,当您通过服务与RiseSmart互动时,RiseSmart可能在您自愿提供您的其他个人数据和信息时(例如当您联系RiseSmart进行查询或者回复RiseSmart的某项调查时)收集该等信息。
RiseSmart会要求您通过与服务相关的各种渠道提供您的个人数据,包括激活您的服务账户(无论通过在线注册还是填写纸质表格),填写简历、清单和问卷调查,培训和咨询会议,讨论以及发送电子邮件等渠道。该服务还可能收集您的互联网协议(IP)地址。
对于您在服务上可能开设的个人网络账户,RiseSmart可能要求您设定唯一的用户名、密码和提醒问题,并使用此登录信息访问您的账户。您同意对您的用户名、密码和提醒问题信息进行保密,如果未予保密,则应对由此导致的与您的个人数据或其他信息的任何使用、盗窃、更改、误用、披露或其他损失承担全部责任。
您有权请求访问您向RiseSmart提供的数据。您可将访问请求发送至
user.support@risesmart.com.RiseSmart将在30天内回复此类访问请求。
从公司客户收到的个人数据
您承认RiseSmart的公司客户可以聘请RiseSmart以协助(a)已经或将要从该公司客户处
离职的当前和/或前雇员通过该服务寻找工作( “新职介绍协助”)或(b)该公司客户的现有员工通过服务实施职业发展(“职业发展协助”)(第(a)和(b)项统称为“公司客户参与计划”)。就公司客户参与计划而言,RiseSmart从公司客户处收到有资格获得服务的人员名单。
如果您符合资格,公司客户的名单中可能包括您的姓名、当前或最近的职位、家庭住址、电话号码、电子邮件地址、所属部门或业务单位以及其他个人数据。
由于RiseSmart为您提供由您的雇主或前雇主提供的服务的合法权益,因此其以这种方式处理您的信息。RiseSmart只通过从公司客户处收到的个人数据来联系合格参与者。
个人数据的跨国转移
如果您或公司客户提供与服务相关的个人数据,您承认和同意此类个人数据可能从您或公司客户的当前位置转移至位于美国或其他国家/地区的RiseSmart办公室、服务器以及本政策中提及的获授权第三方。
其他信息和Cookie的使用
当您通过服务与RiseSmart交互时,RiseSmart会接收和存储某些非个人身份信息。这些信息是通过各种技术被动收集的,当前无法用于识别您的具体身份。此外,作为服务功能的一部分,该服务可能收集其他非个人身份信息(例如收集不包含个人身份信息的问卷答复)。RiseSmart可自行存储此类信息或者在RiseSmart代理商或服务提供商拥有和维护的数据库中可能载有的此类信息。在服务中可以使用此类信息并将其与其他信息结合起来,以跟踪网站或服务的访问总人数、服务或每个网站页面的访问人数以及RiseSmart访客的互联网服务供应商的域名。值得注意的是,除非您或公司客户按上文规定自愿提供个人数据,否则在此过程中不会提供或使用任何该等个人数据。
在提供服务时,RiseSmart可能使用一种名称为“cookies”的技术。 Cookie是在您访问服务
时托管服务的计算机向您的浏览器提供的一种信息。RiseSmart的cookie有助于为服务提供附加功能,并协助RiseSmart更准确地分析服务使用情况。例如,该服务可能在您的浏览器上设置cookie,据此您在使用服务期间无需多次输入密码即可访问服务。在 RiseSmart使用cookie的任何情况下,除非得到您的许可,否则RiseSmart不会收集个人数据。
在您使用服务后,RiseSmart可能(并可能允许第三方服务提供商)使用此类cookie或类似技术跨不同网站地不断收集有关您的浏览活动的信息。该服务目前不支持“不跟
踪”(DNT)信号,因此无论是否收到DNT信号,均会按照本隐私政策的规定运行。如果在将来RiseSmart支持DNT信号,会在本隐私政策中说明运行方法。
与公司客户共享信息
如果您根据公司客户的新职介绍协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关职业发展的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均可单独或汇总地予以提供(统称为“新职介绍进展数据”)。RiseSmart可能不时向您提供工具,以便您调整RiseSmart可以与公司客户共享的新职介绍进展数据。如果您根据公司客户的职业发展协助参与计划而使用服务,则RiseSmart可以向公司客户提供有关您的进度报告以及其他信息,并说明您使用服务的状态、使用服务的范围、有关工作搜索的里程碑进展和状态、您的客户满意度或者与服务相关的其他反馈,在每种情况下均可汇总地予以提供(统称为“职业发展进展数据”)。RiseSmart可能不时向您提供工
具,以便您调整RiseSmart可以与公司客户共享的职业发展进展数据。如果您对RiseSmart可能与公司客户共享的新职介绍进展数据或职业协助进展数据有任何问题或疑虑,请联系user.support@risesmart.com(参见下文信息)。
有关您的信息的其他用途和共享
RiseSmart可出于向您提供服务的目的而在服务范围内收集、传输和使用您的个人数据和其他信息,包括但不限于为了确定您希望从服务中获得哪些特定协助,以及向您提供工作机会、工作搜索培训、简历写作协助和/或其他协助(如果您是一名求职者)。 RiseSmart还可出于以下目的使用您的个人数据和其他信息:(a)确认您的身份和进行验证,例如在访问您的服务账户或者与RiseSmart员工通信时,或(b)就您的账户在内部升级或调整RiseSmart账户的服务活动,在内部向RiseSmart管理层报告服务绩效,进行内部培训以及以其他方式管理RiseSmart的业务。
此外,如果您出于某种原因提供个人数据或其他信息,RiseSmart可能基于该等原因使用此类个人数据或其他信息。例如,如果您通过电子邮件联系RiseSmart,RiseSmart会使用您提供的个人数据来回答或解决您的问题。
RiseSmart还可能使用和共享通过服务收集的您的个人数据和其他信息,具体如下所示:
RiseSmart可能使用您的个人数据和其他信息来协助RiseSmart改进服务的内容和功能,更好地了解RiseSmart的用户以及改进服务。
在RiseSmart开展业务的过程中可能出售或购买企业或资产。如果发生公司出售、合并、重组、解散或类似事件,个人数据和其他信息可能构成被转让资产的一部分。
RiseSmart可能出于与本隐私政策相一致的目的与RiseSmart关联方共享您的个人数据和其他信息。
与许多企业一样,RiseSmart有时聘请其他公司来执行与业务相关的某些职能,包括分析职能。当RiseSmart聘请其他公司代表其履行职能时,RiseSmart可以在必要或有用的范围内向其提供您的个人数据和其他信息,以履行特定的职能。这些服务提供商包括托管我们服务器、提供客户管理工具、提供通信工具以及协助检测和防止欺诈行为的公司。
如果出于法律要求或者善意地相信为了(i)遵守法律义务,(ii)保护和捍卫 RiseSmart的权利或财产,(iii)在紧急情况下采取行动以保护公众或服务的用户之人身安全,或(iv)防止产生法律责任,RiseSmart可能在必要情况下披露您的个人
数据和其他信息。个人汇总数据
个人汇总数据
为了持续且更好地了解和服务用户,RiseSmart经常根据接收的个人数据和其他信息对用户的人口统计划分、兴趣、结果和行为进行研究。该研究以及有关用户行为、结果或评论的其他指标或分析可以在汇总的基础上进行编辑和分析,RiseSmart可以与其关联方、代理商和业务合作伙伴共享此类汇总数据。此类汇总信息无法识别您的身份。RiseSmart还可能披露汇总的用户统计数据,以便出于其他合法目的向当前和潜在的业务合作伙伴以及其他第三方说明RiseSmart的服务。
信息管理
RiseSmart可以通过数字形式接收或输入您的所有个人数据或其他信息。RiseSmart可以将您的所有个人数据和其他信息合并到一个单独的专门数据库记录中,并可以将其存储在美国或其他国家/地区托管的服务器上。您有权确保RiseSmart持有的您的个人数据是正确的。为确保个人数据的准确性,RiseSmart可能提示和要求您查看您的账户中的个人数据摘要和其他信息,并确认或更正这些信息。
RiseSmart的员工可以在线访问您的账户,以确定需求和行动项目,如果您是一名求职者,员工还可以从任何办公室、差旅或工作地点向您的账户发送工作机会。
RiseSmart采取合理措施来保护通过服务提供的个人数据和其他信息,以使其免遭丢失、误用以及未经授权的访问、披露、更改或破坏。但是,任何互联网或电子邮件传输均非完全安全或者不会发生错误。特别是,通过电子邮件或其他方式与服务之间传输信息时也可能是不安全的。因此,当您决定通过电子邮件或任何其他传输方式向RiseSmart发送信息时应特别谨慎。
与其他网站的链接
本隐私政策仅适用于该服务。服务中可能包含并非由RiseSmart运营或控制的其他网站
(“第三方网站”)的链接。本隐私政策中规定的内容和程序不适用于第三方网站。服务中的链接并不意味着RiseSmart认可或已审核第三方网站。RiseSmart建议您直接联系这些网站,以获取有关其隐私政策的信息。
公共信息
如果您主动通过服务或任何其他方式向RiseSmart提供任何个人信息,例如向服务的公共区域发布信息,此类信息将被视为非保密信息。RiseSmart可以自由地复制、使用此类信息或者向其他方披露和分发,不会受到任何限制,亦无需注明出处。世界上有权访问本网站的任何人均可访问和保存发布到公共区域的任何信息。
儿童
RiseSmart不适用于13岁以下儿童,也不会故意收集该等儿童的信息。
本隐私政策的变更
服务和RiseSmart的业务可能不时发生变更。因此,RiseSmart有时可能需要对本隐私政策进行变更。RiseSmart保留随时更新或修改本隐私政策的权利,恕不另行通知。请定期查看本政策,特别是在您提供任何个人数据之前。本隐私政策的最后更新日期列于下文。在对本隐私政策进行任何变更或修订后,如果您继续使用服务,即表明您同意经修订隐私政策的条款。
联系RiseSmart
为确保您的个人数据准确、最新和完整,请按照下述联系方式联系RiseSmart。RiseSmart将采取合理措施更新或更正您在此前通过服务提交并由我们持有的个人数据。
如果您遇到与本隐私政策或隐私事宜相关的问题或疑虑,则可通过以下地址联系
RiseSmart首席隐私官:
隐私办公室
RiseSmart Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113
欧洲经济区和瑞士的用户有权就数据保护事宜向其所在国家的监管机构提出申诉。
自2019年1月18日起生效
PP RSE APAC ko_KR
Effective January 9th 2025
DownloadTable of Contents
RISESMART의 개인정보처리방침
RiseSmart, Inc.와 그 계열회사들(통칭하여, ‘당사’라 함)은 당사의 서비스 약관 (http://www.RiseSmart.com/terms-conditions에 게재됨)(’서비스 약관’이라 함) 및 본 개인정보처리방침에 의거하여 당사가 관리하는 웹사이트 (http://www.RiseSmart.com에 있는 사이트를 포함하되 이에 한정되지 않음)(통칭 하여, ‘사이트’라 함)를 통해 사용자에게 당사의 서비스(아래 정의됨)를 제공합니다. ‘서비스’에는 (a) 사이트, (b) 당사의 재취업 알선, 경력 관리 서비스, 기타 관련 서비스 (파일 관리 및 분석 서비스를 포함함) 및 관련된 기술과 (c) 모든 소프트웨어, 자료, 포 털, 권장사항, 직업 소개서, 데이터, 보고서, 텍스트, 이미지, 소리, 동영상, 분석 및 전 술한 내용을 통해 제공되는 기타 콘텐츠(통칭하여, ‘콘텐츠’라 함)가 포함됩니다.
당사는 서비스를 통해 수집하고 처리한 모든 정보를 관리하는 데이터 관리자입니다. 또 한 서비스에 추가되거나 서비스를 확대하는 새로운 기능도 서비스 약관 및 본 개인정보 처리방침의 적용을 받습니다. 본 개인정보처리방침에는 서비스와 관련해 수집되고 전 송되며 달리 사용되는 개인 식별 가능 데이터(‘개인정보’) 및 기타 정보와 관련된 당사 의 방침이 명시되어 있습니다. 사용자가 서비스를 사용하는 기간 중에 수집될 수 있는 익명 데이터는 ‘개인정보’에 포함되지 않습니다.
사용자의 동의
사용자는 당사에 자발적으로 개인정보를 제공하거나 달리 서비스를 사용함으로써 본 개인정보처리방침 및 당사가 서비스와 관련해 수시로 제공하는 기타 통지에 요약된 바 에 따라 당사가 사용자의 개인정보 및 기타 정보를 수집, 전송하고 사용하는 것에 동의 하는 것으로 간주됩니다. 사용자는 이 동의를 철회하고 당사에 제공한 정보를 삭제하도 록 요청할 수 있는 권리를 가집니다.
사용자로부터 수령한 개인정보
사용자가 서비스를 사용하기로 결정한 경우 당사는 사용자에게 개인정보를 직접 당사 에 제출하도록 요청할 수 있습니다. 당사는 사용자로부터 다음 각 호를 수령할 수 있습 니다.
사용자의 성명, 현재 또는 최근의 직책, 회사명, 전화번호, 주소, 이메일 주소 및 기타 신원 정보 또는 연락처 정보
사용자의 경력과 기타 경험, 교육훈련, 기타 자격사항, 취업 목표, 기대 급여, 관심 사항 및 기타 이력 정보
또한, 사용자가 당사에 문의사항이 있는 경우나 당사의 설문조사에 응답하는 경우와 같 이 서비스를 통해 사용자와 당사가 상호작용할 때, 당사는 사용자가 자발적으로 정보를 제공할 경우에 기타 개인정보 및 사용자 제공 정보를 수집할 수 있습니다.
사용자는 서비스 이용을 위한 계정 활성화(온라인 등록 또는 문서 형식), 당사의 요청 으로 작성하는 이력서, 체크리스트와 설문지, 교육 및 상담 시간, 토론, 이메일 교환 및 기타 채널을 포함하여 서비스와 관련된 다양한 채널을 통해 사용자의 개인정보를 제공 하도록 요청 받을 수 있습니다. 또한 서비스에서 사용자의 인터넷 프로토콜(IP) 주소를 수집할 수 있습니다.
서비스에서 만들 수 있는 개인 웹 계정의 경우, 당사는 사용자에게 고유의 사용자 아이 디, 비밀번호와 알림 질문을 설정하고 이 로그인 정보를 이용해 계정에 액세스하도록 요청할 수 있습니다. 사용자는 사용자 아이디, 비밀번호와 알림 질문 정보를 비밀로 유 지하기로 하며, 해당 정보의 비밀을 유지하지 못할 경우 사용자의 개인정보 또는 기타 정보와 관련해 초래되는 사용, 도용, 변경, 남용 또는 손실에 대해 전적으로 책임을 집 니다.
사용자는 당사에 제공하기로 한 데이터에 대해 액세스를 요청할 수 있는 권리를 가집니 다. 액세스 요청은 user.support@risesmart.com으로 할 수 있습니다. 당사는 30일 이내에 해당 액세스 요청에 답변해야 합니다.
법인 고객으로부터 수령한 개인정보
사용자는 당사의 기업 고객이 당사와 계약을 체결하여 (a) 해당 기업 고객과 고용관계 가 해제되었거나 해제될 예정인 직원들 중 서비스를 이용해 직업을 탐색하고 있는 법인 기업의 현직 및/또는 전직 직원을 지원(‘재취업 알선 지원’)하거나 (b) 서비스를 이용해 경력을 개발 중인 기업 고객의 현직 직원을 지원(‘경력 개발 지원’), ((a)와 (b)를 통칭 하여, ‘기업 고객 약정사항”이라 함)하도록 할 수 있음을 인정합니다. 법인 고객 약정사 항과 관련하여, 당사는 서비스를 사용할 수 있는 사용자의 목록을 법인 고객으로부터 수령합니다. 사용자가 서비스를 사용할 수 있는 경우, 법인 고객의 목록에는 사용자의 성명, 현재 또는 최근의 직책, 집 주소, 전화번호, 이메일 주소, 부서 또는 조직 단위와 기타 개인정보가 포함될 수 있습니다.
당사는 사용자의 고용인 또는 이전 고용인이 사용자에게 제공하려는 서비스를 제공함 에 있어 정당한 이익을 위해 이러한 방법으로 사용자의 정보를 처리합니다. 당사는 법 인 고객으로부터 수령한 개인정보만을 사용해 서비스를 사용할 수 있는 참여자와 연락 합니다.
개인정보의 국외 전송
사용자 또는 법인 고객이 서비스와 관련하여 개인정보를 제공하는 경우, 사용자는 사용 자나 법인 고객의 현재 위치에서 당사의 사무실과 서버 및 본 개인정보처리방침에 언급 된 바에 따라 미국 또는 기타 국가에 소재한 승인된 제3자에게 해당 개인정보를 전송할 수 있음을 인정하고 이에 동의합니다.
기타 정보 및 쿠키의 사용
사용자가 서비스의 이용을 통해 당사와 상호작용할 경우, 당사는 개인적으로 식별할 수 없는 특정 정보를 수령하고 저장하게 됩니다. 이러한 정보는 다양한 기술을 통해 수동 적으로 수집되며 사용자의 식별을 위해 명시적으로 사용할 수 없습니다. 또한, 서비스 기능(예를 들면, 개인식별정보가 포함되지 않은 설문지에 대한 응답 수집)의 일부로서 서비스에서 개인적으로 식별할 수 없는 다른 정보를 수집할 수 있습니다. 해당 정보는 당사에서 자체 저장하거나 당사의 대리인 또는 서비스 제공업체에서 소유하고 관리하 는 데이터베이스에 포함될 수 있습니다. 서비스에서는 이러한 정보를 이용하고 해당 정 보와 다른 정보를 조합하여 사이트 또는 서비스의 총 방문자 수, 사이트 또는 서비스 각 페이지의 방문자 수 및 당사의 방문자가 이용하는 인터넷 서비스 제공업체의 도메인 이 름 등을 추적할 수 있습니다. 사용자 또는 기업 고객이 위에 명시된 바와 같이 자발적으 로 정보를 제공하지 않는 한, 이 과정에서 어떠한 개인정보도 제공되거나 사용될 수 없 다는 점을 유념해야 합니다.
서비스를 운영함에 있어 당사는 ‘쿠키’ 기술을 이용할 수 있습니다. 쿠키란 사용자가 서 비스에 액세스할 때 서비스를 호스팅하는 컴퓨터에서 사용자의 브라우저에 제공하는 정보를 의미합니다. 당사의 쿠키를 사용하면 서비스에 추가 기능을 제공할 수 있으며 당사가 서비스의 사용을 더욱 정확하게 분석할 수 있습니다. 예를 들어, 사용자가 서비 스에 방문할 동안 비밀번호를 2회 이상 입력하지 않고도 서비스에 액세스할 수 있도록 허용하는 쿠키를 사용자의 브라우저에 설정할 수 있습니다. 당사는 쿠키를 사용하는 모 든 경우에 사용자의 허락 없이 개인정보를 수집하지 않습니다.
당사는 쿠키 또는 이와 유사한 기술을 사용하여 시간에 따른 사용자의 인터넷 검색 활 동 및 다른 웹사이트에서 사용자가 서비스를 이용함에 따른 인터넷 검색 활동에 관한 정보를 수집할 수 있습니다(또한 타사 서비스 제공업체가 이를 수집할 수 있도록 허용 할 수 있습니다). 현재 당사의 서비스는 ‘추적 안함’(DNT) 신호에 응답하지 않으며 DNT 신호를 받았는지 여부에 관계없이 본 개인정보처리방침에 명시된 방법에 따라 작동합니다. 당사가 향후 이 신호에 응답할 경우, 당사가 해당 신호에 응답하는 방법에 대한 설명이 본 개인정보처리방침에 명시될 예정입니다.
법인 고객과 정보 공유
사용자가 재취업 알선 지원을 위해 기업 고객 약정에 따라 서비스를 사용할 경우, 당사
는 진행상황 보고서는 물론 사용자를 식별하고 사용자의 서비스 이용이나 서비스 이용 범위, 주요 진행상황 및 경력 개발 상황, 서비스와 관련된 고객만족이나 기타 피드백을 알 수 있는 정보(통칭하여, ‘재취업 알선 진행상황 데이터’라 함)를 각각 또는 통합하여 기업 고객 측에 제공할 수 있습니다. 당사는 수시로 당사와 기업 고객 간의 공유가 허용 된 재취업 알선 진행상황 데이터를 직접 조정할 수 있는 도구를 사용자에게 제공할 수 있습니다. 사용자가 경력 개발 지원을 위해 기업 고객 약정에 따라 서비스를 사용할 경 우, 당사는 진행상황 보고서는 물론 사용자를 식별하고 사용자의 서비스 이용이나 서비 스 이용 범위, 주요 진행상황 및 직업 탐색 상황, 서비스와 관련된 고객만족이나 기타 피드백을 알 수 있는 정보(통칭하여, ‘경력 개발 진행상황 데이터’라 함)를 통합하여 기 업 고객 측에 제공할 수 있습니다. 당사는 수시로 당사와 기업 고객 간의 공유가 허용된 경력 개발 진행상황 데이터를 직접 조정할 수 있는 도구를 사용자에게 제공할 수 있습 니다. 당사가 기업 고객과 공유할 수 있는 재취업 알선 진행상황 데이터 또는 경력 개발 진행상황 데이터에 대해 문의사항이 있는 경우, user.support@risesmart.com으로 연락해 주시기 바랍니다(아래 정보 참고).
사용자 정보의 기타 사용 및 공유
당사는 서비스의 범위 내에서 사용자가 이용하려는 서비스의 구체적인 지원 내용을 결 정하고, 구직자인 경우, 직업 소개서, 직업 탐색 교육, 이력서 작성 지원 및/또는 기타 지원을 제공하려는 목적을 포함하되 이에 한정되지 않도록 사용자에게 서비스를 제공 할 목적으로 사용자의 개인정보 및 기타 정보를 수집, 전송하고 사용할 수 있습니다. 또 한 당사는 (a) 사용자가 본인의 서비스 계정에 액세스하거나 당사의 직원과 연락하려 는 경우에서와 같이 사용자를 식별하고 인증할 목적으로 또는 (b) 내부적으로 사용자 계정에 대한 당사의 서비스 활동을 확대하거나 조정하고, 당사의 경영진에게 내부적으 로 서비스 실적을 보고하고, 내부 교육을 시행하고 달리 당사의 사업을 관리할 목적으 로 사용자의 개인정보 및 기타 정보를 사용할 수 있습니다.
또한 사용자가 특정 사유로 개인정보 또는 기타 정보를 제공하는 경우, 당사는 정보가 제공된 사유와 관련하여 해당 개인정보 또는 기타 정보를 사용할 수 있습니다. 예를 들 어, 사용자가 이메일로 당사에 연락할 경우 당사는 사용자가 제공한 개인정보를 이용해 사용자의 질의에 응답하고 문제를 해결합니다.
또한 당사는 다음과 같이 서비스를 통해 수집된 사용자의 개인정보 및 기타 정보를 사 용하고 공유할 수 있습니다.
당사는 서비스의 콘텐츠와 기능을 개선하고 당사의 사용자를 더욱 잘 이해하며 서 비스를 개선하는 데 도움이 되도록 사용자의 개인정보 및 기타 정보를 사용할 수 있습니다.
당사는 사업이 성장함에 따라 당사의 사업 또는 자산을 매매할 수 있습니다. 기업 매각, 합병, 구조조정, 해산 또는 이와 유사한 경우, 개인정보와 기타 정보는 양도 대상 자산의 일부에 해당될 수 있습니다.
당사는 본 개인정보처리방침의 일관성을 위해 사용자의 개인정보와 기타 정보를 당사의 계열회사들과 공유할 수 있습니다.
통합된 개인정보
당사는 서비스 사용자를 보다 잘 이해하고 사용자에게 서비스를 제공하기 위한 지속적 인 노력의 일환으로 당사에 제공된 개인정보 및 기타 정보를 토대로 사용자의 인구통
계, 관심사, 결과 및 행동에 대한 연구를 수시로 시행할 수 있습니다. 이 연구 및 사용자 의 행동, 결과 또는 검토에 대한 기타 통계나 분석은 통합적인 방식으로 수집되고 분석 될 수 있으며, 당사는 이 통합 데이터를 당사의 계열회사, 대리인 및 사업 파트너와 공 유할 수 있습니다. 이 통합 정보에는 사용자가 개인적으로 식별되지 않습니다. 또한 당 사는 현재 및 잠재적 사업 파트너 측에 당사의 서비스를 설명하기 위한 목적으로 통합 된 사용자 통계를 공개할 수 있으며, 다른 법률상 목적으로 기타 제3자에게도 해당 통 계를 공개할 수 있습니다.
정보 관리
당사는 사용자의 모든 개인정보 또는 기타 정보를 디지털 형식으로 수신하거나 입력할 수 있습니다. 당사는 사용자로부터 수령하였거나 사용자에 관한 모든 개인정보 및 기타 정보를 전유적 단일 데이터베이스 레코드로 결합할 수 있으며, 이를 미국 또는 기타 국 가에 호스팅된 서버에 저장할 수 있습니다. 사용자는 당사가 보유한 사용자 정보가 정 확한지 확인할 권리를 가집니다. 당사는 정보의 정확성을 기하기 위해 사용자에게 사용 자 계정에 있는 개인정보 및 기타 정보의 요약본을 검토하고 이 정보를 확인하거나 수 정하도록 요청할 수 있습니다.
당사의 직원은 온라인으로 사용자의 계정에 접속하여 필요사항과 조치 항목을 결정할 수 있으며, 사용자가 구직자인 경우 사무실, 여행지, 근무지에서 사용자의 계정에 직업 소개서를 게시할 수 있습니다.
당사는 서비스를 통해 제공된 개인정보 및 기타 정보가 분실, 오용, 무단 액세스, 공개, 변경되거나 폐기되지 않도록 보호하기 위한 합리적인 조치를 취해야 합니다. 다만, 어 떠한 인터넷이나 이메일 전송도 항상 완벽하게 안전하거나 오류가 없는 것은 아닙니다. 특히 서비스에서 수신되거나 발신되는 이메일 또는 기타 전송은 안전하지 않을 가능성 이 있습니다. 따라서 이메일 또는 기타 전송 방식으로 당사에 발송할 정보를 결정할 때 에는 특히 주의해야 합니다.
다른 웹사이트로 연결되는 링크
본 개인정보처리방침은 서비스에만 적용됩니다. 서비스에는 당사가 운영하거나 관리
하지 않는 기타 웹사이트(‘타사 사이트’)로 연결되는 링크가 포함될 수 있습니다. 본 개 인정보처리방침에 명시된 정책과 절차는 타사 사이트에는 적용되지 않습니다. 서비스 에 연결된 링크의 경우 당사가 타사 사이트의 내용을 지지하거나 검토했다는 것을 의미 하지는 않습니다. 해당 사이트의 개인정보처리방침에 관한 정보를 확인하려면 해당 사 이트에 직접 문의해 주시기 바랍니다.
공개 정보
사용자가 서비스의 공공 영역에 정보를 게시하는 등 서비스 또는 기타 방법을 통해 요 청되지 않은 개인정보를 당사에 제공하는 경우, 요청되지 않은 해당 정보는 비밀정보가 아닌 것으로 간주됩니다. 당사는 이러한 요청되지 않은 정보를 제한이나 귀속 없이 자 유롭게 복제, 사용, 공개하고 배포할 수 있어야 합니다. 사이트에 액세스할 수 있는 전 세계 모든 사용자는 공공 영역에 게시된 모든 정보에 액세스하고 이를 저장할 수 있습 니다.
어린이
당사는 만 13세 미만의 어린이를 대상으로 서비스를 제공하지 않으며, 해당 어린이의 정보를 의도적으로 수집하지 않습니다.
본 개인정보처리방침의 변경
서비스와 당사의 사업은 수시로 변경될 수 있습니다. 그로 인해 당사는 본 개인정보처 리방침을 필요에 따라 수시로 변경할 수 있습니다. 당사는 사전 통지를 하지 않고도 언 제든지 수시로 본 개인정보처리방침을 업데이트하거나 수정할 권리를 가집니다. 정기 적으로 본 개인정보처리방침을 검토해 주시고, 특히 개인정보를 제공하기 전에는 반드 시 확인해 주시기 바랍니다. 본 개인정보처리방침은 아래 명시된 날짜에 최종 업데이트 되었습니다. 본 개인정보처리방침이 변경되거나 수정된 이후에 사용자가 서비스를 지 속적으로 사용할 경우, 이는 사용자가 해당 개인정보처리방침의 변경 내용에 동의한 것 으로 간주됩니다.
당사와 연락하기
사용자의 개인정보를 정확하고 완전한 최신 정보로 유지하기 위해 아래 명시된 바와 같 이 당사에 연락 주시기 바랍니다. 당사는 서비스를 통해 사용자가 이미 제출한 당사 소 유의 사용자 개인정보를 업데이트하고 수정하기 위해 합리적인 조치를 취할 것입니다.
본 개인정보처리방침 또는 관련된 개인정보 보호 문제에 대하여 문제가 있거나 문의사 항이 있는 경우, 아래 주소로 당사의 개인정보 보호 담당자에게 문의해 주시기 바랍니 다.
개인정보보호 부서
RiseSmart Inc.
55 Almaden Boulevard, Suite 800 San Jose, CA 95113
유럽경제지역(EEA) 및 스위스에 소재한 사용자들은 자국 내 정보보호 감독기관에 이 의를 제기할 수 있는 권리를 가집니다.
시행일: 2019년 1월 18일