Terms of Use KPMG Culture Apps

Terms of Use KPMG Culture Apps

KPMG Advisory N.V. Culture Factory APPS User terms and conditions
These user terms and conditions (hereinafter: “User Term and Conditions”) describe the conditions under which use may be made of one or more mobile applications (hereinafter: “Apps“) from KPMG Advisory N.V. (hereinafter: “KPMG“). Please contact helpdesk@KPMGCultureFactory.com or +31 20 656 7402 with any queries about the Apps or these User Terms and Conditions.

1. Application


1.1 The User Terms and Conditions apply to the use of the Apps (hereinafter: “Use“) as well as the sharing of information, data or other content which is supplied, read, added to a reading list, marked, sent on or distributed in some other way for the purposes of, by means of, from or in the Apps (hereinafter: “Contribution“).

1.2 By using the Apps (which shall be taken to include their downloading and installation), you as the User of the Apps (hereinafter: “User“) are deemed to accept these User Terms and Conditions and the associated Privacy Policy (hereinafter: “Privacy Policy“).

1.3 The User Terms and Conditions and the Privacy Policy can also be consulted, downloaded, printed and saved via our website (www.KPMGCultureFactory.com).

1.4 Where the Apps make use of third party services, the relevant third party’s General Terms and Conditions, their Privacy Policy and/or their Cookies Policy shall also apply. KPMG is not responsible for the services, general terms and conditions, privacy policies or cookies policies of third parties. In the event of conflict between on the one hand the User Terms and Conditions and the Privacy Policy and on the other hand the relevant third party’s general terms and conditions, privacy policies or cookies policies, the User Terms and Conditions and the Privacy Policy shall prevail.

1.5 Additional conditions may apply where it is possible to take part in promotional activities via the Apps. Where and to the extent that those additional conditions are in conflict with the User Terms and Conditions, then the additional conditions shall prevail.

1.6 KPMG may modify the User Terms and Conditions for reasons of their own.

2. Licence

2.1 The User is granted a non-exclusive, non-sublicensable and non-transferable sub-licence for the use of the Apps, deriving from the licence to develop the Apps held by KPMG’s client (hereinafter the “Client“), provided that the User accepts these User Terms and Conditions. The User is not permitted to use the Apps for commercial purposes.

2.2 The User may not provide the Apps and the associated content to third parties, and may not sell, hire out, decompile, reverse engineer or modify the Apps and the associated content without the prior written permission of KPMG. Neither may the User remove or circumvent technical provisions intended to protect the Apps, or have these removed or circumvented.

2.3 KPMG shall be entitled at all times to modify the Apps, to modify or remove data, to refuse the User the use of the Apps by terminating the licence, to restrict the use of the Apps or to refuse access to the Apps in whole or in part, temporarily or permanently. KPMG will inform the User of this in whatever manner deemed appropriate.

2.4 KPMG may make an upgrade of the Apps available. The upgrade will then qualify as an App in the sense employed in these User Terms and Conditions.

3. Use

3.1 Use of the Apps is at the User’s own expense and risk. KPMG will exert itself to the best of its abilities to provide accurate and timely information. KPMG can however provide no guarantee that such information will still be accurate on the day on which it is received or that it will remain accurate in future. KPMG therefore advises users not to take decisions on the basis of this information, except on the grounds of recommendations from experts, following a thorough investigation of the relevant situation.

3.2 The Privacy Policy will apply to the processing of personal information via the Apps. Only fully and accurately completed registrations will be processed. In the event of amendments of any of the above details the User must inform KPMG immediately via helpdesk@KPMGCultureFactory.com.

3.3 In order to use the Apps the user must provide at his own expense for the necessary equipment, system software and (internet) connection.

3.4 No Contribution shall in any circumstances include any illegal or offensive content (including sexist, pornographic, racist or discriminatory content), nor shall it breach the privacy of any third party in any other sense.

4. Intellectual property rights

4.1 All intellectual property rights and/or comparable rights in relation to the Apps and their content, including the underlying software, images, video and audio fragments, shall rest exclusively with KPMG or their licence holders, or the manager of the Apps.

4.2 The User shall at all times take into account the good name and reputation of KPMG entities, and ensure that his use of the Apps in no way damages the rights and/or the reputation of KPMG in any way.

4.3 By means of the placement of a Contribution by the User, the intellectual property rights to this and/or any comparable rights shall, to the extent that these rest with the User, be transferred to KPMG, without KPMG thereby incurring liability to pay any compensation to the User for this. To the extent that a further legal deed is required to effect this transfer, the User shall at the first request of KPMG lend his cooperation to this process. To the extent that the transfer of intellectual property rights and/or comparable rights to the User’s contribution is impossible, the User will provide KPMG with an exclusive, perpetual, sublicensable and transferable licence for the use of the Contribution. With regard to KPMG the User hereby waives any personal rights accruing to him, to the extent that such a waiver is permitted under the applicable legislation. The transfer or licensing of the User’s Contribution shall authorise KPMG to make unrestricted use of the Contribution.

4.4 The User hereby guarantees that where and to the extent that he delivers a Contribution, that Contribution via the Apps breaches no third party’s intellectual property or other entitlements. The User hereby indemnifies KPMG against any potential claims by third parties as consequence of the placing of a Contribution.

5. Liability and indemnification

5.1 The Apps have been compiled with the greatest possible care. KPMG can however provide no guarantee or warranty that the Apps will always be available or will always function without interruption, faults or defects, or that the information provided is complete, accurate or up-to-date. KPMG reserve the right to temporarily or permanently suspend the availability of the Apps, possibly without notice, without the User being able to derive any rights from this.

5.2 While the content of the Apps has been put together with the greatest care, and while KPMG have made their best efforts to provide current, accurate and complete information, KPMG provide no guarantee either implicit or explicit that the information provided on the Apps is current, accurate or complete. The User hereby accepts that access to and use of the Apps as well as the information provided on the Apps is solely the responsibility of the User.

5.3 KPMG shall not be liable to the User for (or the accuracy of) the content of the Apps. A Contribution or other communication shall in no circumstances be deemed to be a communication by and/or behalf of KPMG.

5.4 KPMG shall not be liable for damage or injury arising from the use of the App.

5.5 KPMG reserve the right to remove a Contribution or other communication placed on the Apps, possibly without notice, without the User(s) being able to derive any entitlements from this removal.

5.6 The User hereby indemnifies KPMG and holds KPMG harmless from and against any potential claims by third parties resulting from the Use of the Apps, and the whether or not correct performance of legal and/or contractual obligations towards KPMG, any other users of the Apps or any third parties. The User shall reimburse KPMG for all damages and costs suffered by KPMG as a consequence of such claims (including but not limited to judicial or extrajudicial costs).

6. Termination

6.1 The User may terminate the use of the Apps at any desired time, by removing or de-installing the Apps from the User’s mobile equipment.

6.2 KPMG may make the Apps temporarily or permanently unavailable to the User(s), possibly without notice, without the User(s) being able to derive any entitlements from such an action.

7. Applicable law, election of forum

7.1 These User Terms and Conditions are subject to Dutch law.

7.2 The Competent Court in the Netherlands shall exclusively be competent to adjudicate all disputes arising from or associated with the use of the Apps.

KPMG Advisory N.V. Privacy Policy regarding Culture Factory Services

Privacy and Data Protection
Your privacy is very important to us. We aim to be as clear as possible about how and why we use information you have provided. This Privacy Policy explains how we will use and protect personal information that you give us when you access use and/or complete any of our online tools. This also seeks to ensure we comply with relevant legislation concerning data protection.

With personal information in this Privacy Policy the following is meant: any information relating to an identified or identifiable natural person.

We only collect personal information which you freely provide to us. Your name and email address details are never passed or sold to any employer, company or third party organization. We may contact you from time to time regarding events, publications, articles, and relevant news of our network and our partners, but we will never use these details for other direct marketing purposes. We will offer you the opportunity to opt out of these communications e.g. by clicking the unsubscribe option at the bottom of the emails.

Any personal information we collect is deleted and no longer accessible once the completed period of the training event, e-learning, or coaching is completed. In all circumstances, the individual source of any response we archive and use for statistical analysis and benchmarking cannot be identified and is therefore not traceable to the individual which has provided the response.

Scope
This privacy statement relates to the apps and internet services provided to you as part of the services of diagnostic and profiling tools provided by KPMG Advisory N.V. These services include the Intercultural Awareness Profile (IAP), the Intercultural Competence Profile (ICP), organization Values Profiler (OVP), Culture Compass Online (CCOL), and all other online diagnostic tools and questionnaires provided as part of KPMG Advisory N.V consulting’s services.

What personal information do we collect and why?
When you choose to download our app or visit our website to use our services we collect two categories of information from you which you provide us with:

  1. the responses you give when you complete the business and cultural aspects of our online questionnaires; together with
  2. your basic biographical details such as your name and email address (only for profile tools).

You are not required to upload pictures or enter a name for the app to function, by doing so the user acts on his own preferences.

Your answers are combined anonymously, through clustering mathematical/statistical variables with those we collect from other participants for the same questionnaire or online tool. This information is used to extend our anonymous statistical databases which support our benchmarks and thus validate the profile and data analysis. We make our benchmark available to you in the context of the services we deliver to you.

Automatic collection of personal Information
When you choose to download our app or visit our website to use our services we automatically collect certain type of personal information like your IP address which is necessary to enable us to deliver the service to you.

Retention period
We will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

Cookies
A “cookie” is a small piece of text that a website places in the browser of your (mobile) device.

We use Cookies to store your responses and to part-completed sections of some of our online tools in order to be able to combine several questionnaire modules together in one submission of all responses. We do not use cookies to track your usage or for any other reasons.

General
The generic and anonymous information we capture from respondents with our tools is analyzed to derive our cultural intelligence models and frameworks. This ensures we can benchmark and provide statistically sound analysis of our profile tools to help you and other individuals understand their own cultural preferences and how they differ from others. We perform all this analysis ourselves – and do not pass any such data to any third parties for analysis.

Who will see or have access to your responses?
Your personal information can only be accessed by employees and partners of KPMG Advisory N.V and its engaged IT-subcontractors only if that is necessary to deliver the service to you, respectively for maintenance of the data base, troubleshooting and the like. Your personal information is not shared with or otherwise disclosed to any other party, unless required by law or we believe that disclosure is necessary to protect our right. Access to your information is strictly controlled to ensure confidentiality through systems of passwords and other technical protocols. We may transfer or store certain personal information in a jurisdiction other than where you are based. Transfer of personal information by us takes place in accordance with the Dutch Data Protection Act.

Security/integrity
We have appropriate security measures in place to protect personal information from loss, misuse, alteration or destruction an unauthorized access. Despite our best efforts, however, we cannot guarantee security against all threats.

Children
We understand the importance of protecting the privacy of children. In this context we state that our services are not meant for children and we therefore do not (intentionally) target or solicit to children and/or individuals younger than 16 years.

Notification of changes
We may modify this Privacy Policy from time to time when necessary due to legal requirement or to reflect our current privacy practices. When we do so we will revise the “updated date” at the top of this page. We encourage you to periodically review this Privacy Policy to be informed about how we are protecting your personal information.

Note: If you are attending a training event or having a coaching session with one of our own consultants or approved licensed consultants where you will receive a personal profile, then in strict confidence, he/she will also have access to your profile (for a limited period of time) to help them in their counseling role with you to assist in explanation, interpretation and providing you with personal feedback for your personal development.

Policy question and enforcement
You are in most cases entitled to request us to inform you whether and/or which personal information relating to you are being processed by us or correction or removal of your personal information in event of inaccuracy. Please send your request and other questions you may have to: helpdesk@KPMGCultureFactory.com.

© 2016 KPMG culture factory