Terms and Conditions

Terms of Use

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and KNOLSKAPE Solutions and its Affiliates (“we,” “us” or “our”), concerning your access to and use of the www.knolskape.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” or “Application”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions Use.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.  

As a consumer, you have the right to cancel before using the Application. You will lose the right to cancel once you begin to access the Application. This does not affect your consumer rights if the Application is defective. This Application can be accessed through any browser on the web & mobile handheld devices;

We own the Application and any and all services, features and facilities, content and data provided through or in connection with the Application (“Services”) We are licensing you the right to use the Application and the Services under the Terms. You have no other rights in relation to the Application or the Services.

You must not allow anyone else to use your copy of the Application or pretend to be you when using the Application. This is very important especially when you have been asked to access the Application as part of the recruitment process of any recruitment business, agency or any employer. You should faithfully follow the Application’s instructions and not try to deliberately manipulate the results.

Intellectual Property Rights:

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.  The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.  Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.

User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose;  and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

As a user of the Site, you agree not to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. use the Site to advertise or offer to sell goods and services.
  4. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  5. engage in unauthorized framing of or linking to the Site.
  6.  trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  7.  make improper use of our support services or submit false reports of abuse or misconduct.
  8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  10. attempt to impersonate another user or person or use the username of another user.
  11. use any information obtained from the Site in order to harass, abuse, or harm another person.
  12. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  13. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  14. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  15. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  16. delete the copyright or other proprietary rights notice from any Content.
  17. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  18. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  19. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  20. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  21.  use the Site in a manner inconsistent with any applicable laws or regulations.

License

In order to use the Application, you must sign up with an email address. You may only register once with one email address. By accessing the Site upon registration, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless electronic devices owned or controlled by you, and to access and use the Application on such devices strictly in accordance with the terms and conditions of this Application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.  You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Term & Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Governing law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the Singapore applicable to agreements made without regard to its conflict of law principles.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice.  However, we have no obligation to update any information on our Site.  We also reserve the right to modify or discontinue all or part of the Site without notice at any time.  We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. 

We cannot guarantee the Site will be available at all times.  We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.  We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.  Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE USAGE PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

PRIVACY POLICY

KNOLSKAPE takes the privacy and protection of personal information very seriously. By visiting this Site, or by registering to use the Application, as an employer or individually, by using the Services you acknowledge and accept the practices and policies outlined in this privacy policy (“Privacy Policy”). This Privacy Policy sets out the basis on which any Personal Information we collect from you, or that you provide to us, will be processed by us. Please read it carefully to understand our views and practices regarding your Personal Information and how we will treat it.

Unless otherwise stated, words and phrases defined in the Application Terms and Conditions (“App Terms”) (which both incorporate this Privacy Policy by reference) shall have the same meanings in this Privacy Policy.

The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.

By using the Services or submitting Personal Information through the Services, you expressly consent to the processing of your personal information according to this Privacy Policy.

Your Personal Information may be processed in the country where it was collected as well as other countries where laws regarding processing of personal information may be less stringent than the laws in your country.

We may change this Privacy Policy from time to time by posting a new version on the Site. This Privacy Policy was last updated on 21st January, 2018.

User provided Information

We may collect and process the following Personal Information about you:

All information provided as part of any registration process on the Site or for the Application, such as your e-mail address, demographics, etc.

When you choose to contribute or post any content or provide any other information to the Services or to us through any means, we will collect all the information you provide.

If you complete survey that we use for research purposes, we will hold the information you provide;

If you are using the Application: The Application allows you to play Games through which we collect information about your game-play in order to identify and give you feedback on your cognitive, behavioral and personality strengths (“Traits”). Our Services may provide you with information about your Traits as well as information about how your Traits rank compared to other users (collectively, “Results”). The Traits of other users are only presented in aggregate form; users of the Games are not individually identified to other users by their results.

If you are using the Application: If you play the Games at the request of a recruitment agency or business, or your employer or a potential employer, your Traits and Results and such other information as you have provided to the Services will be shared with that business, and such information will contain Personal Information. We are not responsible for the manner in which any such business uses such information. They should have provided you with their own data policy in respect of their use of your Personal Information

When you contact us by sending us an e-mail or when you use any of our contact forms, we will collect any information that is contained in (and/or attached to) your e-mail, text message, demographics or that you enter into such forms.

Information obtained using technology

IP Addresses

We may collect information about your computer or other device, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers, ourselves or our customers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

Feedback

If you provide feedback about the Servicess to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy. Please note that you will receive no compensation or payment of any kind for any feedback you provide or for any use we may make of your feedback.

Cookies

Our Site and Application uses cookies to distinguish you from other users. Cookies are small files that a Site or Application to your device through your Web browser (if you allow) that enables the Site's or Application's systems to recognize your browser and capture and remember certain information. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

  1. Understand and save user's preferences for future visits.
  2. Keep track of advertisements.
  3. Compile aggregate data about Site or Application traffic and interactions in order to offer better experiences and tools in the future.

 

We may also use trusted third-party services that track this information on our behalf. You can choose to have your device warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser or device settings. If you turn cookies off, some of the features that make your site experience more efficient may not function properly.

 

Personal Information from Other Sources

We may receive Personal Information about you from outside the Site or Services, such as telephone, fax, mail, or from third parties that provide services for us that are related to the Services. We may add this information to the information we have already collected from you via our Services or Site.

Use of Information We Collect

We use information and data (including Personal Information) about you in the following ways:

In general, information and data (including Personal Information) you submit to us, or to third parties that support us in collecting information, is used by us to provide you and other Users with the Services, to respond to requests that you make, to improve our Service and to better tailor the features, performance and support of the Services.

To provide you with the information and/or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;

We use aggregated anonymous data on our users for our own research, advertising and promotional purposes and to provide reports and other products and services to Employers and other third parties and to promote and advertise our Site and Services. For example, we may use such information to provide reports and information on personality types for specific jobs, demographic findings in relation to particular types of occupation or particular employers etc. We will not disclose information about identifiable individuals in providing these activities, products and services.

To carry out our obligations arising from any contracts between us;

To notify you about changes to our Services;

to provide you with announcements, notifications related to your use of the Services and other communications such as electronic newsletters, promotional e-mails or similar messaging.

We may create anonymised information from Personal Information by excluding information which enables you to be personally identifiable. We may use this anonymised information for internal purposes, such as analysing usage patterns and user match statistics so that we may enhance the Services, and we also reserve the right to use and disclose such anonymised information at our discretion.

Where you have been given an invitation to use the Application by a recruitment agency or business, or your employer or a potential employer, your Traits and Results and such other information as you have provided to the Services will be shared with that business, and such information will contain Personal Information. We are not responsible for the manner in which any such business uses such information. They should have provided you with their own data policy in respect of their use of your Personal Information

We do not disclose information about identifiable individuals to our advertisers (except where they have consented), but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the data and information we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

California Online Privacy Protection Act, USA

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared.

Users can visit our site anonymously. Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above. You will be notified of any Privacy Policy changes, on our Privacy Policy Page and you can change your personal information, by logging in to your account. We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. It's also important to note that we do not allow third-party behavioral tracking.

Data Protection Act, UK

DPA is the act, under the legislation of the United Kingdom (UK), that establishes how businesses may legally use and handle personal information from users. It covers individuals’ safety since it protects them against misuse or abuse of their personal information. We don’t have any setup in UK to process the data.

Personal Data Protection Act, Singapore & Malaysia

In Singapore, the Personal Data Protection Act 2012 (PDPA) is the primary governing law for protecting individual privacy. The PDPA applies to all electronic and non-electronic communications that deal with data collection, processing, or disclosure within Singapore, regardless of whether they have an actual physical presence in Singapore.

Disclosure of Personal Information

Except as otherwise stated in this Privacy Policy, we do not disclose to or share your Personal Information with third parties, unless you ask or authorise us to do so.

We may provide your Personal Information to third party service providers and suppliers who work on behalf of or with us to provide you with some of the Services and features of the Services and to help us communicate with our Users. However, these service providers and suppliers do not have any independent right to use this information except to help us provide the Services.

We may disclose your personal information to third parties, if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our app terms and other agreements; or to protect our rights, property, or safety or those of our customers, suppliers, Users or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

You may change your Personal Information (i.e. email address) by logging into the Services and editing your Account information. We may provide you with the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information.

We may send newsletters, promotional communications or other similar messaging to our Users on our behalf and on behalf of our partners. You may opt-out of receiving such messaging by following the instructions included in each message. We may also offer you an opportunity to opt-out of certain communications by logging into the Services and editing your Account information.

We may send you service-related announcements when we believe it is necessary to do so. Generally, you may not opt-out of these announcements, which are not primarily promotional in nature. If you do not wish to receive these announcements, you have the option to deactivate your Account.

We may notify you when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Any termination of your Account may involve deletion of your Account information from our live databases and all the information and data stored for such Account in the Services. We will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.

When we delete Personal Information that we have collected from or about you, it will be deleted from our active databases but may remain in our archives.

Changes to this Privacy Policy

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Consent and Contact

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us.

If you have any questions or suggestions regarding our Privacy Policy, please contact us by sending us an e-mail to legal@knolskape.com.