Terms of Service

 

Empirical Hire Ltd. ("Empirical Hire" or "us," "our," "we") has developed a test for current and potential employees of organizations ("Employees" and "Candidates," respectively) that uses algorithms and analysis of data in order to produce a detailed assessment of each Employee and Candidate's aptitude for an employment position (the "Assessment"), integrated into the organization's internal employee assessment tools (our system hereinafter referred to as the "System"). The Assessment and other services available through the System, including generation and use of the Reports (defined below) based on such Assessment, shall collectively be referred to as "Services". "User" or "you" means any adult using the System, including Employees and Candidates participating in an Assessment, users serving as an Administrator (as defined below) of the System, and anyone generating or using reports via the System.

 

Please read these Terms of Service (the "Terms") carefully. These Terms govern your access to and use of the System, your participation in an Assessment, and any use of Services. By clicking on the button marked "I agree," you signify your assent to these Terms and the Data Sharing Addendum (as detailed below).  Our Privacy Notice, which is available at [here] ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as defined in the Privacy Notice). We reserve the right to make changes to these Terms from time to time at our sole discretion. Your continued use of the Services will be deemed acceptance to amended or updated Terms. If you do not agree to any of these Terms, please do not click the button marked "I agree" or use the Services.

 

Use of Services by Company

 

Subject to and in accordance with the terms of a certain proposal and agreement as executed between Empirical Hire and the company under whose auspices the Assessment is being conducted (respectively, the "Agreement" and "Company"), and for the term specified in the Agreement, Empirical Hire grants to certain employees or representatives designated as the authorized representatives of the Company ("Administrator(s)") certain rights to use the System, including the right to receive certain reports generated by the System, based on the Assessments conducted by the User (each, a "Report"). The Administrator will be authorized to grant Users permission to access the System, as well as block Users from using the System. The Administrator may view all of the User's information and may access all data uploaded by a User to the System.

 

Account Registration

 

Subject to execution of an Agreement and to Empirical Hire's instructions, the Administrator shall provide each User with access to his or her account. The account will allow the User to participate in the Assessment, subject to these Terms and our Privacy Notice. We reserve the right to refuse to allow any Administrator to open an account for any reason, at our sole discretion.

 

All information provided during the registration process for User accounts must be accurate.  You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not completed by you.  You agree to notify Empirical Hire immediately of any unauthorized use of your account or password.  Empirical Hire will not be liable for any losses or damages arising from unauthorized use of your account or password, and you agree to indemnify and hold Empirical Hire harmless for any improper or illegal use of your account, including any charges and/or taxes incurred, unless you have notified us via email at info@empiricalhire.com that your account has been compromised and have requested us to block access to it.  We do not police for, and cannot guarantee that we will learn or prevent any inappropriate use of the System and/or Services.

 

Termination of Account

 

Upon termination, suspension or expiration of the Agreement for any reason, we may terminate your account at our sole discretion.

 

We may suspend or terminate your account if you violate any of these Terms.

 

Upon termination or suspension of your account, you shall not have any further access to the System or any content may be made available through the System ("Content") via your account.

 

If Empirical Hire believes, at its sole discretion, that a violation of these Terms or any illegal or inappropriate usage or behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate usage or behavior regarding the System and/or Services. We will cooperate fully with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

 

Services

 

You may use the System as well as the Content and Services provided through it solely for the purposes of assessment of skills and traits in the context of an application for employment by the Company or current employment by the Company. You may not utilize the Assessment or Services to provide any services or content to any third party or make any commercial use of the Assessment, System, Services, or Content. Empirical Hire may, at its sole discretion and at any time, discontinue providing any part of the Services without notice.

 

Use of the Services and access to the System and/or Assessment is void where prohibited by law, regulation or any other obligation. By using the Services, you (where relevant on behalf of the Company) represent and warrant that (a) you have accepted these Terms which, if you represent a Company, incorporates the Data Sharing Addendum and if requested to do so, our Privacy Notice prior to utilizing the Services; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are eighteen years of age or older and have the ability to form a binding contract; (e) your use of the System, Assessment and/or Services does not violate any applicable law or regulation or any obligation you may have to a third party; (f) you will not add Employee, Candidate, Administrator or any other User's Personal Data (as defined in the Privacy Notice) to the Services without the prior consent of the applicable Employee or Candidate, if and as required under applicable law; (g) the Company is an independent and separate data controller with respect to Candidate and Employee Personal Data, and certain Personal Data of Administrators and other Users and shall inform, all Candidates, as well as its Administrators and Users, of the fact that Empirical Hire will be processing their Personal Data on behalf of the controller for the purpose of assessing the Employees and Candidates and to provide Administrators and Users access to the System and/or Services, by publishing a privacy notice and will obtain the Candidate’s, Employee's, Administrator's or User's consent to such processing, all if and as required under applicable law; and (h) you, or the Employee, Candidate or Administrator, as applicable, may add special categories of data (as such term is defined in Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/ec (General Data Protection Regulation) relating to your or the Employee's or Candidate's political opinions, religious beliefs and trade union membership to the Services, subject to such user's explicit consent, as may be required under applicable law.

 

Content

 

The Services may allow you to add certain content and/or data. All content added by Users or Administrators is referred to as "User Content." You are fully and solely responsible for any User Content you submit. You represent and warrant that any such User Content complies with all applicable law, that you have all necessary rights to submit any such User Content through the Services, and that no such User Content infringes upon, violates, or will lead to an infringement or violation of any third-party intellectual property rights, privacy or publicity rights, or moral rights. Empirical Hire has no obligation to accept, display, review or maintain any User Content. Moreover, Empirical Hire reserves the right to remove and permanently delete any Content, including any User Content submitted or modified by any User or Administrator, at any time, without notice and for any reason. WE DO NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.

 

Empirical Hire may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Empirical Hire reserves the right to treat User Content as content stored at the direction of users for which Empirical Hire will not exercise editorial control except when violations are directly brought to Empirical Hire’s attention. Empirical Hire has the right to edit, delete, distort, modify or move User Content from the System, Assessment or Services without notice for any reason at any time. Additionally, Empirical Hire has the right to refuse to transmit, email, post or broadcast any User Content (including refusing to allow a user to post or distribute such User Content through a third party) without notice for any reason at any time.

 

You understand that Empirical Hire is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to the User Content. Although Users and Administrators must agree to these Terms, it is possible that others using the System (including unauthorized users) may post or transmit offensive or obscene materials to which you may be involuntarily exposed, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

 

Content Restrictions

 

Without limiting the foregoing, you agree that you will not transmit, submit or post any User Content that: (1) violates the legal rights of others, including defaming, abuse, stalking or threatening users; (2) infringes (or results in the infringement of) the intellectual property rights, moral rights or other rights of any third party; (3) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (4) does not comply with all applicable laws, rules and regulations; (5) publishes falsehoods or misrepresentations that may damage us or any third party; (6) involves gambling activities, or the payment or acceptance of payments relating to gambling activities; (7) imposes an unreasonably or disproportionately large load on our infrastructure; or (8) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.

 

Use Restrictions

 

Except as set forth expressly herein, neither User/s nor the Company shall do any of the following, nor shall the Company permit any third party or any User, to (a) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the System, Assessment and/or Services without our prior written authorization, including framing or mirroring any part of the System, Assessment and/or Services; (b) circumvent, disable, or otherwise interfere with security-related features of the System, Assessment and/or Services or features that prevent or restrict use or copying of any Content; (c) use the System, Assessment and/or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth herein; (d) use any robot, spider, assessment search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the System, Assessment and/or Services; (e) use the System, Assessment and/or Services in any manner not permitted by these terms; (f) add any information relating to a User to the Services without obtaining such User's prior written consent or (g) use or access a User’s account or password without such User's permission, other than access and use permitted to an Administrator hereunder. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform Empirical Hire in writing in each instance prior to engaging in the activities set forth above.

 

Intellectual Property

 

Empirical Hire, or as the case may be, its licensors, own the System, Services, and all Content available therein, including all worldwide intellectual property rights in the System and/or Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the System and/or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the System and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Empirical Hire or any third party.

 

By submitting or posting any User Content, you grant Empirical Hire and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, display, and perform such User Content on, through or in connection with the System and/or Services.

 

Disclaimers & Disclaimer of Warranty

 

Your use of the System and/or Services is at your sole discretion and risk. The System, Content, and Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. While we make reasonable efforts to provide Content that is informative and useful, we do not make any warranties or representations in respect of any Content. We do not represent or warrant that you will find any Content to be informative or useful for your own needs.

 

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SYSTEM, CONTENT (INCLUDING USER CONTENT), AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SYSTEM, CONTENT, AND SERVICES; OR (II) THAT THE SYSTEM AND/OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SYSTEM AND/OR SERVICES.

 

 

We are not responsible for any incorrect or inaccurate Content (including but not limited to User Content) on the System or in connection with the Services, or transmitted by any user, whether by an Administrator, User or by any of the equipment or programming associated with the Services. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

 

We assume no responsibility for, and you shall not have any valid claim against Empirical Hire in relation to, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the System, Content and/or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any part of the System and/or Services, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the System and/or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the System and/or Services, from any Content posted on or through the System and/or Services, or from the conduct of any users of the System and/or Services, whether online or offline.

 

Limitation of Liability

IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SYSTEM, ASSESSMENT, CONTENT, AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SYSTEM AND/OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS TO US IN ORDER TO USE THE SERVICES, WE SHALL NOT HAVE ANY LIABILITY TO YOU WHATSOEVER.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Empirical Hire and our employees, directors, officers, subcontractors and agents, against any and all claims, damages, costs or expenses (including attorneys’ fees and legal expenses) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the System and/or the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.

 

Miscellaneous

 

These Terms shall be governed by the laws of the State of Israel. Any legal or equitable action of whatever nature by or against Empirical Hire arising out of or related in any respect to these Terms shall be brought only before the jurisdiction of the competent courts of Tel-Aviv, pursuant to any applicable Israeli laws pertaining to subject matter jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Empirical Hire must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Empirical Hire or enables you to act on behalf of Empirical Hire. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. You shall not be entitled to assign any of your rights hereunder to any third party. Empirical Hire may assign any and all rights hereunder to any third party.

 

Last updated: March 2019