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“Seller” means PredictiveHR, Inc. “Buyer” means the person whose name is printed on the Order. “Contract” means the order and Order Confirmation (incorporating any Special Conditions) “Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business. “Order” means the Buyer’s order for Goods or services. “Order Confirmation” means the Seller’s Order confirmation pursuant to Section 3(b). “Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable. “Person” means any person, firm or company. “Special Conditions” any conditions in relation to Orders set out and designated as such in the Order Confirmation. “Terms and Conditions” means the standard terms and conditions of business set out in this document.
- Basis of Sale
These Terms and Conditions and any Special Conditions contains all of the terms and conditions pursuant to which Seller will provide the Goods and any services. The parties expressly exclude any terms and conditions which the Buyer includes in any purchase order, confirmation of order or other document. Any variation of these Terms and Conditions and the Special Conditions will only bind the Seller if agreed in Writing between authorized representatives of the Seller and the Buyer. The Seller’s employees are not authorized to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
- Orders and Specifications
All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may therefore differ as a consequence of project scope and type.
- Deliverable Acceptance and Completion Criteria
PredictiveHR will have fulfilled its obligations for the Services described when any one of the following first occurs:
a) PredictiveHR completes the activities associated with sold Good,
i. Self-Managed Track Completion Activities: PredictiveHR will, for a period of six weeks from purchase date: a) process applicants via the TalentPlus assessment and notify the Buyer when the applicant completes the assessment, and b) post the position on Dlrjob.com for a period not to exceed 90 days.
ii. Fast Track Completion Activities: The Fast Trak service will end if any of the following occur: The position is filled, a) The Buyer conducts interviews (in-person, virtual, telephone, etc) with four or more candidates, b) Submission of six (6) or more candidates meeting the general job requirements (as written on job description) and/or achieving an acceptable outcome on the Talent+ assessment, c) The Buyer changes the scope of the position, candidates requirements, or changes the location of the position after project has begun, d) The Buyer feedback process exceeds the 1 week time frame set below or e) The Services are terminated by Buyer for any reason after work on project (Good) has already begun.
- Price, Payment and Currencies
The Buyer shall be responsible for all applicable taxes, including taxes applicable in the territory to which the Goods are sent. Payment must be made by credit card, debit card, check or by PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force. If paying by Check, PredictiveHR will not begin work on the project until the payment in received, verified and deposited. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card, debit card or PayPal details before accepting the Buyer’s Order.
- Returns, Refunds and Rights of Cancellation
The Buyer shall have the right to cancel any Order for Goods only in the following circumstances: if the Seller has failed to start delivering against the Goods ordered within 10 days after the date of the Order. If the Buyer requests to cancel an order within 24 hours after payment has been made but prior to work starting on the project, the Seller may offer to credit those monies paid to a future project. Credited monies must be used within 30 days of the credit being issued. Cancellations made after 24 hours or credited funds not used within 30 days will be forfeited. Notice of the wish to cancel must be made by email to the email address of PredictiveHR shown on the website.
- Limitation of Liability
The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller’s obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser’s customers; inventory or use charges; or incidental or consequential damages of any nature. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the dlrtalent.com website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer’s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages. THIS SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. PREDICTIVEHR AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
- Intellectual Propert
a. This website is owned and operated by the Seller. Unless otherwise noted in this website, Seller owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, audio clips, trade marks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of Seller’ s copyright. Additionally, the dlrtalent.com website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
b. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of Seller or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
c. The dlrtalent.com logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller in the European Union and/or other jurisdictions, including the USA. Seller and its licensors maintain all of the rights in and to the graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of dlrtalent.com. Sellers trademarks and trade dress may not be used in connection with any product or service that is not Seller’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Seller. All other trademarks not owned by Seller that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Seller.
d. The Buyer agrees that as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way, including any intellectual property rights in images, fonts and the like that may be uploaded by Buyer to the Seller’s online service. Buyer will be solely and fully responsible for any claims or other losses arising out of Buyer’s actual or alleged infringement of any such rights. In addition (and without limitation), Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
- Data Protection
- General and Miscellaneous
Last Modified: July 2019
INFORMATION WE COLLECT
We collect a variety of information about our wonderful customers and visitors to the Website.
Information Collected Automatically: Whenever you visit our Website, we automatically collect (non invasive) information about you, namely:
• your transactions with us, for example, the type of product you purchased and the costs of each product;
• your use of our Website and the device you use to access our Website, for example, your IP address, the type of operating system and web browser you use and related information; and your activities on our Website, such as the pages you visit.
INFORMATION YOU PROVIDE TO US
• if you provide us with Personal Information by filling out a form, registering for an account, making a purchase, or contacting us, we collect that Personal Information. For example, if you register on our Website, we collect your name, e-mail address and password;
• if you place an order with us, we collect the Personal Information that you provide to us such as your shipping, billing, and payment information. See the ‘Credit and Payment Card information’ section below to read more about how we and our partners handle your payment information;
• if you design and personalize a product, such as a business card, we collect the Personal Information you use to customize the product, such as the name of your business, your telephone number and professional title;
• if you contact our customer services agents, you may also provide us with Personal Information that we collect. From time-to-time, PredictiveHR may give you the opportunity to participate in sweepstakes, contests or surveys on our Website;
• if you participate, we will collect certain Personal Information from you. Participation in these sweepstakes, surveys or contests is completely voluntary (promise!) and you therefore have a choice whether or not to disclose the requested information; and
• if you take the opportunity to review our products (please be kind!) or participate in public forums associated with the Website, we will collect Personal Information in any such reviews, posts or comments. Note that these will be public so you should use care before posting information about yourself online (that’s just good advice in general).
Additional Information We Collect: From time to time, we may acquire additional information about our customers from third parties, such as the Postal Service and third parties that assist us in the provision of products and services requested by you.
CREDIT AND PAYMENT CARD INFORMATION
PredictiveHR uses third party payment processors including but not limited to PayPal to process payments made for products and services via the Website. All online payments will be conducted in accordance with Payment Card Industry (PCI) data security standards (which are high!) and your billing information (which is only used by these payment processors for the purpose of performing fraud protection) is encrypted before being communicated to them. Subject to the below exceptions, your credit card details are communicated directly from your browser to these payment processors – PredictiveHR never sees your full Permanent Account Number (PAN). This means that the payment form is either off-site or displayed in a frame on the payment page.
For PayPal we only store the tokens required to identify the transaction with PayPal, issue refunds and identify transactions made using PayPal.
SPECIAL NOTIFICATION FOR EUROPEAN UNION RESIDENTS
Our Website uses “cookies” and files that are similar to cookies. Cookies are alphanumeric identifiers created by your browser at our request and stored on your computer. Cookies help us to distinguish you from other uses of our Website. For detailed information on the cookies we use and the purposes for which we use them, see our Cookies Policy (see below).
WHERE WE STORE DATA
PredictiveHR transfers, processes and stores data about you on servers located in a number of countries, for example, where we subcontract processing to, or share your Personal Information with, third parties for the below purposes. Your Personal Information may therefore be transferred to, processed and stored in a country different from your country of residence, and be subject to privacy laws that are different from those in your country of residence. By using the Website and providing us with your Personal Information, you are consenting to the transfer, processing and storage of your Personal Information in countries outside of your country of residence.
USE OF INFORMATION
We use the information that we collect about you for the following (totally legit and normal) purposes:
• to maintain and improve our Website, including personalizing your online experience and ensuring content is presented in the most effective manner for you;
• operate our business, including the provision to you of information, products and services that you request and other transactional or administrative updates;
• to administer your account;
• inform you about products and services that we offer and that are similar to those you have already purchased or enquired about;
• provide you, or permit selected third parties to provide you, with information about products and services we feel may interest you (where you have consented to receiving such communications);
• as part of our efforts to keep the Website safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others, and to make our future marketing efforts and those of third parties more effective; and
• to administer our Website and for internal operations, including troubleshooting, data analysis, research, testing, statistical and survey purposes.
We may also combine the information which you provide to us (such as your registration details) with information which we collect about you (such as information about your orders) and/or receive from other sources, and use this combined information for the purposes set out above.
DISCLOSURE OF INFORMATION
We may disclose information about our customers and visitors to the Website to third parties.
Group Companies: We may share your Personal Information with any member of our group
Business Operations: In order to carry out certain business functions, such as order fulfillment, payment processing, e-mail delivery, or marketing, we may hire other companies to perform services on our behalf. We may disclose Personal Information that we collect about you to these companies to enable them to perform these services. By way of example, information relating to your order which we have combined with other Personal Information (as explained above) may be shared with our third party service providers that assist us with our marketing efforts.
Third Party Partners: We may partner with third parties to provide you with information about products or services that we feel may be of interest to you. We will only disclose your Personal Information to such third parties if you have consented to receiving such information.
Merger, Sale or Acquisition: In addition, it is possible that in the future another company may acquire PredictiveHR or its assets or that PredictiveHR may partner with or purchase another company to continue to do business as a combined entity. In the event that any such transaction occurs, it is possible that our customer information, including your Personal Information, may be transferred to the new business entity as one of PredictiveHR’s assets. In such an event, we will update this policy to reflect any change in ownership or control of your Personal Information.
LINKS TO THIRD PARTY PRODUCTS AND SERVICES
While you are visiting or using the Website, you may be presented with an opportunity to purchase third party products or services. These products and services are offered and supplied by independent companies. If you click on one of the presented offers, you will be redirected to the site of the third party, and any information you provide in response to the offer will be will be governed by the privacy and other policies of that third party. We do not guarantee the security of your Personal Information when using such third party sites or that the operator of such third party sites will comply with applicable data protection laws and regulations.
Communications from PredictiveHR: If you do not want to receive email communications from PredictiveHR about our own or third-party products and services that may be of interest to you, you can update your preferences in the My Account section of the Website (Don’t call and tell us though, we hate goodbyes). You can also click on the unsubscribe link at the bottom of one of our emails. We may still contact you via mail or phone, unless you request to be added to our Do-Not-Call list, and/or our Do-Not-Mail list by contacting us using the below details and indicating your preferences. Please be sure to provide your exact name, e-mail address, mailing address and telephone number(s) and the list or lists you would like to be included on (Do-Not-Call, and/or Do-Not-Mail). Even if you opt-out of email marketing or choose to be placed on one of these lists, we may still communicate with you using any of these methods for those non-marketing purposes set out above in the ‘Use of Information’ section.
Deactivation of Your Account: You may also request deactivation of your PredictiveHR account (it makes us sad even seeing it written down) by contacting us using the below details and requesting account deactivation. Please note that your Personal Information may remain in our archived records after your account has been deactivated, but we will not keep it for longer than necessary to fulfill the purposes listed above.
UPDATING AND ACCESS TO YOUR PERSONAL INFORMATION
If you wish to change your name, e-mail address, password, and/or communication preferences after you have registered, you can access your account in the My Account section of the Website. You may also request these changes by contacting us using the below details.
We maintain physical, electronic, and procedural safeguards reasonably necessary to ensure the protection of your Personal Information against loss, misuse, disclosure and alteration. For example, we use SSL technology to encrypt your credit card information when you purchase products through our Website. Basically, it takes a lot of effort to break into this fortress.
When you establish an account at PredictiveHR, you choose a password to help protect your account information. A password is only as strong as you make it: you should select a unique password and keep it safe. You may change your password as often as you wish by going to My Account section of the Website. You are responsible for keeping this password confidential. We ask you not to share a password with anyone. Our sign-in process is designed to help protect your privacy. If you have trouble signing in to our Website, please ensure that you are using your registered e-mail address and correct password. If you are using your registered e-mail address and correct password, and you continue to have trouble signing in to our Website, please contact us using the details below.
Notwithstanding the above, unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk.
Last Modified: July 2019
Like most websites, our www.dlrtalent.com website (the “Website”) uses “cookies” and files that are similar to cookies. Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.
WHAT ARE COOKIES
Cookies are text files containing small amounts of information which are downloaded to your personal computer, mobile or other device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device.
You can find more information about cookies at www.allaboutcookies.org.
The following is a list of all the cookies used on our Website set out by category:
STRICLY NECESSARY COOKIES
These cookies are essential in order to enable you to move around the Website and use its features, such as accessing secure areas of the Website. Without these cookies, services you have asked for, like shopping baskets or e-billing, cannot be provided.
These cookies collect information about how visitors use the Website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the Website works.
These cookies allow the Website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. They may also be used to provide services you have asked for such as watching a video or commenting on a blog.
TARGET OR ADVERTISING COOKIES
These cookies collect information about your browsing habits in order to make advertising delivered to you more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with our permission. They remember that you have visited a website and this information (in anonymous and aggregate form) is shared with other organizations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organization.
THIRD PARTY COOKIES
When you use our Website, your device or browser may be sent cookies from third parties, for example when using embedded content and social network links. It’s important for you to know that we have no access to or control over cookies used by these companies or third party websites. We suggest you check the third party websites for more information about their cookies and how to manage them.
HOW TO MANAGE COOKIES
The Help menu on the menu bar of most browsers will tell you how to enable or prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its operator. (Or you could just sit back and let the cookies wash over you.)
If you use a PC – click on ‘Help’ at the top of your browser window and select the ‘About’ option If you use a Mac – with the browser window open, click on the Apple menu and select the ‘About’ option.
For Flash Cookies (or Local Shared Objects) – The Adobe website provides comprehensive information on how to delete or disable Flash cookies – see http://www.adobe.com/security/flashplayer/.
For Third Party Cookies – If you’d like to opt out of third party company cookies , please use the-opt out tool offered by members of the Network Advertising Initiative (NAI) – see http://www.networkadvertising.org/managing/opt_out.asp. Otherwise, we suggest you contact the relevant third party for more information about their cookies and how you can manage them.
We may revise this policy from time to time by posting a revised policy on our Website. We reserve the right to modify this policy at any time, so please review it frequently.