Terms and Conditions
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:
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.
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:
- 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.
- 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.
- use the Site to advertise or offer to sell goods and services.
- 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.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- 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.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- 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.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- 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.
- 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”).
- 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.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
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
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.
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.
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.
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.
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.
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
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.
- Understand and save user's preferences for future visits.
- Keep track of advertisements.
- 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
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
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.
Consent and Contact