For the purpose of this Agreement, the term, “Personal Information” shall mean and include, without limitation, personal details such as name, age, address, and employment details as may be obtained during your usage of the website.
Your organization will provide your personal information to create the account and will have access to modify on need basis. Upon signing up to your account, you will be considered as user of the account and will have access to the website as per the role assigned to you by your organization. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify O.C. Tanner immediately of any unauthorized use of your account or any other breach of security. O.C. Tanner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge so long as the security or data breach is not attributable to any fraud, negligence, security breach, or misconduct on part of O.C. Tanner. However, you could be held liable for losses incurred by O.C. Tanner or another party due to unauthorized use of your account.
DATA PRIVACY AND CONFIDENTIAL INFORMATION
Personal Information submitted by you or collected from your organization, whether on or through this website or otherwise and other information collected from you for the purpose of providing access to website shall be securely stored on servers hosted by a reputed Internet Service Provider (“ISP”) for a period of active contract meeting the prescribed industry security standards. Your Personal Information shall not be disclosed in any circumstances except pursuant to a valid and subsisting order of a court or other judicial, quasi-judicial or government body under applicable laws. Currently, the data center is hosted with IBM Cloud, in Singapore Region.
O.C. Tanner may use certain technical information, including, inter alia, log data, analytics code, etc. that you do not visibly enter and which are automatically collected during your access or use of the website, such as, IP address, version and identification number of the device, browser type, browser language, date and time of your requests to obtain vital statistics regarding your usages of the website, enhance your experience and interface, increase the efficiency of the website, perform software verification and administration.
SECURITY OF PERSONAL INFORMATION & WARRANTIES
The Website is committed to protect the security of your Personal Information and uses reasonable efforts and security measures, including, a variety of security technologies and procedures to help protect such information from any unauthorized access, use or disclosure. However, the website shall not be liable for retaining your Personal Information beyond a period of 1 day from the date of deactivation of the contract.
O.C. Tanner shall implement appropriate technical and organizational measures such as pseudonymization and encryption of personal data; and shall ensure regular testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
O.C. Tanner has implemented industry accepted standards of technology and operational security so as to protect your Personal Information from loss, misuse, alteration or destruction. Access to your Personal Information is restricted to O.C. Tanner’s authorized personnel and affiliates on need to know basis and such personnel have agreed to maintain confidentiality of your Personal Information. Further, O.C. Tanner adheres to the applicable laws, regulations and policies regarding the collection, use, retention and sharing of your Personal Information. While O.C. Tanner follows the standard industry practices and takes reasonable security measures to protect your Personal Information under its control, such Personal Information may be subject to unlawful or unauthorized access, regulatory measures, interception of transmissions, accidental security breaches due to circumstances beyond the reasonable control of O.C. Tanner. Subject to the applicable laws permitting, O.C. Tanner disclaims all liability for such unlawful or unauthorized access, accidental security breaches and disclosure made under applicable laws. However, O.C. Tanner will put its best efforts to minimize such instances of breach and rectify the problems at the earliest feasible time. The Users hereby acknowledge and understand that all Personal Information provided to or through the website is with their cognizance and informed consent.
O.C. Tanner will ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time with prior notice.
The website and all the information, images, logos, trade names, domain names, service marks and other materials on this website, including, inter alia, object code, source code, design, layout, user interface, and look and feel of the website (collectively, “Intellectual Property”) are the exclusive intellectual property of O.C. Tanner and / or Organization or respective third parties and are subject to protection by intellectual property laws of the State of Utah (U.S.A.) and other jurisdictions to which it may extend. O.C. Tanner’s Intellectual Property shall not be used in connection with any purpose other than performing activities on website and matters incidental thereto. Unless otherwise specified, the website is for your official and non-commercial usage only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property obtained from the website. Any unauthorized use of O.C. Tanner’s Intellectual Property, except as mentioned above, shall be in violation of copyright, trademark, and/or other intellectual laws of the State of Utah (U.S.A.) and other relevant jurisdictions.
INTERNATIONAL TRANSFER OF DATA
In the process of providing access to you, website may transfer Personal Information that it collects from you/your organization to affiliated entities across borders on need to know basis with an obligation to maintain Your Personal Information confidential for the limited purpose of upkeeping and maintaining the website. By using this website, you hereby consent to transfer of your Personal Information across countries or jurisdictions which shall abide by the rules governing such international data transfers. You consent to O.C. Tanner sharing Personal Data to such affiliated entities or other third parties across countries or jurisdictions approved by your Organization.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless O.C. Tanner, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to this website; (b) your violation of any term of this Agreement; (c) violation of any of the Intellectual Property Rights of O.C. Tanner. The indemnification obligation will survive the termination of this Agreement.
LIMITATION OF LIABILITY
O.C. Tanner does not endorse the content, messages or information shared or exchanged on Website (other than information posted by O.C. Tanner) and, therefore, it specifically disclaims any liability with regard to communications and activities performed on it. Neither O.C. Tanner nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the website including, but not limited to: (a) damages caused by defamatory, offensive, or illegal actions; (b) damages caused by viruses, malfunctions, or harmful components accessed through the website, and (c) damages for lost profits, loss of data, loss of opportunity, or other intangibles, whether foreseeable or unforeseeable. The liabilities of O.C. Tanner under this Agreement for any damages caused to you on account of data theft, security breaches, loss of data shall be limited to 10 USD. Further, O.C. Tanner shall not be responsible for the contents of any linked website, payment gateway service provider, or any link contained on its website, or any changes or updates to such websites.
The use of the website shall be exclusively governed by the laws of the State of Utah (U.S.A.). Utah shall have the exclusive jurisdiction over such matters. O.C. Tanner hereby expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
O.C. Tanner shall intimate any instances of data breach to your employer without any undue delay and, where feasible, within 48 hours or such lesser period as may prescribed by applicable law of becoming aware of such breach, failing which O.C. Tanner shall provide reasoned justification for the delay. Further, O.C. Tanner shall take all reasonable steps to curve such instances and take all corrective measure to minimize the impact of such data breach.
If any of the above conditions in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining Agreement.