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Australian End User Agreement

Australian End User Agreement

Last updated: March 31, 2022

1.         Introduction and Commitment to the Privacy Act and Australian Privacy Principles

The Privacy Act (“PA”) and the Australian Privacy Principles (“APP”) establish an important regulatory framework governing how to collect, process, use, disclose and secure personal information, giving individuals who reside in Australia greater control over the way in which their information is protected.  We at Pymetrics, Inc. (“pymetrics”) will ensure our compliance with the provisions of the PA and the APP, including, without limitation by: 

  • Dedicating sufficient resources and expert teams of privacy professionals to ensure that your information and privacy remain protected according to local regulations and norms, and that we maintain compliance with any and all applicable data protection and privacy regulations in your local jurisdiction;
  • Being transparent with all pymetrics users in all of our data processing operations, which are more thoroughly detailed in our global pymetrics Privacy Policy;
  • effectively and promptly responding to and processing your requests (including requests to update personal information), report any suspected incidents concerning personal information (including, when  required, reporting any unauthorized access, disclosure or loss of information to the  Office of the Australian Information Commissioner or “OAIC”) and mandating privacy training for all relevant members of our team;
  • your personal information will be encrypted at rest and in transit when transferred between Australia and the United States and stored in Australia or the United States, using industry accepted good practice such as ISO 27001 for overseas transfer mechanisms; and
  • Securing your personal information using industry accepted good practices such as ISO 27001 that include physical, procedural and technical measures, including by limiting access to those Pymetrics personnel who have a need to access such personal information.

Please do not hesitate to contact our data protection office at dpo@pymetrics.com should you have any additional questions related to our compliance with the PA and APP.

If there is any conflict or inconsistency between the pymetrics global privacy policy and the above Australian privacy commitments (including with respect to compliance with the Privacy Act 1988 (Cth)), the Australian privacy commitments and the Privacy Act 1988 (Cth) will apply to the extent of such conflict or inconsistency.

Each time you log into your account with pymetrics in order to access the pymetrics online and/or mobile services, including, without limitation, those services located at pymetrics.com , any pymetrics mobile application, and/or any software provided by pymetrics in connection with such services (collectively, the “Services”), you will be deemed to have read and accepted any amendments to: (a) the pymetrics Privacy Policy; and (b) this Australia End User Agreement (“Agreement”), in each case that are clearly and prominently notified to you by pymetrics (during the log-in process for the Services).  Once you have logged into your account, you must read any such notified amendments to the pymetrics Privacy Policy and the Australia End User Agreement.  If you do not agree to such amendments, then you will be prompted to log out of the Platform and you may contact dpo@pymetrics.com with any questions.  All such amendments will not apply retroactively unless such amendments are to your benefit.

For the purposes of this Agreement, any references to “we,” “our,” or “us” means pymetrics.

The Last Updated  legend at the top of this Agreement sets out when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services provided that doing so does not adversely affect the benefit you receive from the Services or prejudice you in any way (including in applying for any role with a potential employer).  Notwithstanding the foregoing, in the event of any significant modification to the Services, including to the Games, you shall be notified, in addition to the entity who invited you to use the Services. 

2.         The pymetrics services

In order to access or use the Services, you will be required to create and register a user account (“Account”). When creating and registering your Account, you may be asked to enter or confirm certain personal and professional information, including, but not limited to, your name, email address, level of education, degree type, school, graduation year, employment history, and demographic information (individually, “Profile Fields,” and collectively, “Profile Information”). Some Profile Fields will be mandatory and some voluntary. You will also be required to provide a password for your Account.

2.1        Account Registration

When creating and registering an Account, you agree to:

  • provide true, accurate, current, and complete Profile Information about yourself as prompted by the registration form;
  • use your real name and email address when entering your Profile Information;
  • choose a strong and secure password;
  • be responsible for the confidentiality and use of your password;
  • not transfer or resell your use of or access to your Account to any third party for the purpose of such third party playing any of the games on your behalf; and
  • not create more than one Account.

Please note that any third party with whom you share login details about your Account will have access to the information that you have provided. pymetrics is not responsible and disclaims any liability if your Account is used improperly or falsely by a third party to the extent such use is attributable to your disclosure of login details about your Account to that third party. If you attempt to enter Profile Information (including an email address) that is not true, accurate, current, or complete, we reserve the right to cancel your registration and terminate your Account, which may affect your eligibility to be assessed by pymetrics for up to 12 months.  If you believe that your email account used  with your Account has been compromised, please contact dpo@pymetrics.com.  A pymetrics support representative will work with you to investigate and restore your Account. 

If you allow a third party app or site such as Facebook or LinkedIn to authenticate you or pre-populate your Profile Information during the registration process of your Account, then such third party app or site has its own legal terms and privacy policy, and you may be granting others permission to use your Profile Information in ways we would not. pymetrics is not responsible for these other apps and sites.

2.2        pymetrics games

After creating and registering your Account, you will be able to play a set of online neuroscience-based games (the “Games”) via the Services. Subject to applicable law (including your right to withdraw your consent) and the terms of this Agreement, you consent to pymetrics collecting and retaining your Gameplay Data on a de-identified basis for as long as is reasonably necessary for the research and development of the Services.“Gameplay Data” refers to information and data collected from your behavior and actions in the course of playing the Games, including, without limitation, metadata about your real-time user interaction with the Games.

You agree that you will:

  • take the Games seriously and play the Games attentively to the best of your ability;
  • carefully read the instructions before commencing each of the Games;
  • NOT stop a Game halfway through, or purposely end gameplay, to repeat a particular Game (although you can suspend a Game and complete it later);
  • NOT attempt to play any Game more than once in a 12-month period, either through your original Account or through the creation of an additional Account.

Upon completion of one or more of the Games, you may contact support@pymetrics.com with any questions or concerns.

Prior to starting the Games, you may be asked to provide or confirm your native language and whether you wish to play a version of our Games modified for color blindness, Attention Deficit Hyperactivity Disorder (“ADHD”), or dyslexia. Your answers to such questions will constitute private and sensitive information (“Private Information”) and will not be shared with any recruiters, employers, or other third parties.  Please visit our Accessibility Accommodations page to learn more about your accessibility options when using pymetrics.  Our Services, including the Games, meet the W3C Accessibility Standards (https://www.w3.org/WAI/standards-guidelines/). 

2.3        pymetrics Trait Profile

After your completion of all of the Games, pymetrics will review your Gameplay Data and generate your specific “Trait Profile,” which contains pymetrics' assessment and description of your cognitive, social, and personality traits.

Notwithstanding the foregoing:

If you were requested to create an Account (or to sign into your existing Account) or play the Games (or to use your prior Gameplay Data) by your current employer, then all or parts of your Profile Information and Trait Profile may be visible to your current employer; and
If you were requested to create an Account (or to sign into your existing Account), and play the Games (or to use your prior Gameplay Data) as part of the job application process for a specific employer, then you consent to all or parts of your Profile Information and Trait Profile being visible to that specific employer.
 

2.4        Storage of information

pymetrics will store, maintain, and provide you with a copy of any information or data that you previously provided via your Account and the Services as required by applicable law and as noted in our Privacy Policy.  This includes pymetrics' commitment to make any corrections or updates that you communicate to us in respect of your Profile Information.

2.5        Use of site by minors

The Site is not intended for use by anyone under the age of 18 years old (“Minimum Age”). However, if applicable law requires that you must be older in order for pymetrics to lawfully provide the features or services of the Site to you without parental consent, then the Minimum Age is such older age.

2.6        Site restrictions

pymetrics reserves the right to limit your access and use of the Services at our reasonable discretion, such as where pymetrics detects that you are asking to replay any Games repeatedly or similar requests that impact upon your Trait Profile. pymetrics reserves the right to restrict, suspend, or terminate your Account if we reasonably believe that you may be in material breach of this Agreement or Australian law or are otherwise misusing the Services (e.g. violating any of the Site Rules (as set out in section 3 below)).

2.7        Suspected fraud or anomalous activity

pymetrics reserves the right to use a variety of methods to detect and block any fraudulent or anomalous activity and to screen use of the Services to prevent abuses such as fraud. However, such detection methods are not perfect and false positives may occur. If you use the Services, you consent to pymetrics enforcing the Site Rules or attempting to prevent fraudulent or anomalous activity, which may result in a temporary or permanent suspension or termination of your Account or use of certain functions of the Site. pymetrics shall not be responsible or liable for any such suspension or termination, including any consequences thereof.

3.         Site rules

When accessing and using the Services, you agree that you shall NOT:

  • act in an unlawful manner or in a manner that violates any applicable policy of pymetrics that has been communicated to you in writing;
  • use or attempt to use another individual’s Account;
  • attempt to play the Games more than once in a period of 12 months;
  • attempt to reset your Gameplay Data or Trait Profile for a period of 12 months after playing the Games;
  • use, disclose, or distribute any data obtained in violation of this Agreement;
  • infringe the copyrights, trade marks or patents of pymetrics, including, without limitation the unauthorised copying or distribution of the software or technology related to the Services;
  • modify, adapt, translate, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the software that delivers the Services;
  • sell, sponsor, or otherwise monetize access to the Services;
  • sell, trade, resell, transfer, or otherwise exploit for any unauthorized commercial purpose any Account;
  • use bots or other automated methods to access the Services in order to play any of the games;
  • monitor the availability, performance, or functionality of the Services for any competitive purpose;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • overlay or otherwise modify the Services or their appearance;
  • remove any copyright, trademark, or other proprietary rights notices contained in or on the Services;
  • use the Services for any purpose other than as permitted by pymetrics or by this Agreement;
  • override or attempt to override any security feature of the Services;
  • engage in any activity that interferes with or disrupts the Services;
  • distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other harmful code or items of a destructive or deceptive nature via the Services; and
  • use any automated system or software, whether operated by a third party or otherwise, to extract data from the Services (such as screen scraping or crawling) in connection with your playing of any of the games.
     

4.         Licence to candidate data and user feedback

4.1        License to candidate data

You are the sole owner of all information and data that you enter, submit, input, and/or provide in the course of accessing and using the Services, including, without limitation, your Profile Information, Private Information, and Gameplay Data (collectively, “Candidate Data”). 

You hereby grant pymetrics and our affiliates the following non-exclusive and revocable license: a worldwide, transferable, perpetual, royalty-free, and sublicensable right to make, use, copy, reproduce, modify, distribute, publish, display, process, prepare derivative works from, and otherwise use your Candidate Data for the sole purpose of providing the Services to  you, your existing employer or prospective employer who invited you to the Site, without any further consent, notice, and/or compensation to you or others, subject to applicable law and our Privacy Policy. Notwithstanding the foregoing, pymetrics shall have the right (subject to your right to withdraw your consent) to compile and retain Aggregated Data (defined below) collected from and submitted through the Services for purposes of operating, maintaining, and improving the Services, as well as research and development.  “Aggregated Data” refers to de-identified information and data collected from or submitted, confirmed, or provided by users who have registered for an account in order to use the Services.  Aggregated Data shall be used only in an anonymized manner, aggregated with other users' data, that will not identify you or any other individual.  

4.2        License to user feedback

At your discretion, you may provide suggestions to pymetrics concerning the Services from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“User Feedback”).  User Feedback does not include Gameplay Data or any Candidate Data.

If you provide any User Feedback to pymetrics, you hereby grant pymetrics and our affiliates the following non-exclusive license: A worldwide, transferable, perpetual, royalty-free, and sublicensable right to make, use, copy, reproduce, modify, distribute, publish, display, process, prepare derivative works from, and otherwise use your User Feedback for any purpose whatsoever, without any further consent, notice, and/or compensation to you or others.

By providing any User Feedback, you agree that your provision of such User Feedback is gratuitous, unsolicited, and without restriction, and will not place pymetrics under any fiduciary, confidentiality, or other obligation, and that we are free to disclose the User Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any User Feedback, pymetrics does not waive any rights to use similar or related ideas previously known to pymetrics, or developed by our employees, or obtained from sources other than you.  We agree that our use of the User Feedback is at our sole risk and that you are not liable for any such use. 

5. Intellectual property rights

You understand and acknowledge that pymetrics owns all right, title, and interest to the Services and all proprietary rights associated therewith (other than Candidate Data). pymetrics reserves all rights not specifically granted herein.

6. Warranties, Disclaimers  and Limitation of Liability

6.1 Warranties and disclaimers

Pymetrics warrants and represents that:

  • it will use all reasonable care and skill in providing the Services using suitably qualified and experienced personnel;
  • there are no known legal restrictions preventing it from entering into this Agreement;
  • it will provide the Services in accordance with all applicable laws;
  • it has obtained all necessary rights, releases, permissions, consents or licences from third parties, to the extent required to enable it to enter into and perform this Agreement; and 
  • neither the provision, nor your proper use (in accordance with this Agreement), of the Services will infringe any right of any third party (including, without limitation, any intellectual property right) or law.

OTHERWISE, THE SERVICES, CONTENT, MATERIALS, AND INFORMATION AVAILABLE ON OR THROUGH THE SERVICES) ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED.  PYMETRICS AND OUR AFFILIATES EXPRESSLY DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  PYMETRICS AND OUR AFFILIATES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE.

Some laws do not allow certain disclaimers, so some or all of these disclaimers above may not apply to you.

6.2        Limitation of liability

TO THE EXTENT PERMITTED UNDER LAW, AND EXCEPT FOR LIABILITY FOR INTENTIONAL MISCONDUCT (INCLUDING INTENTIONAL OR RECKLESS MISUSE OR DISCLOSURE OF YOUR PERSONAL OR CONFIDENTIAL INFORMATION) BY PYMETRICS OR ITS PERSONNEL (INCLUDING ITS SUBCONTRACTORS AND AFFILIATES AND THEIR PERSONNEL) OR A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT CLAIM, PYMETRICS AND OUR AFFILIATES (AND THOSE THAT PYMETRICS WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF PYMETRICS OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (PROVIDED THAT PYMETRICS HAS USED ITS REASONABLE EFFORTS TO PROVIDE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING THE WARRANTIES AND REPRESENTATIONS IN SECTION 6.1).  UNDER NO CIRCUMSTANCES SHALL PYMETRICS OR OUR AFFILIATES BE LIABLE TO YOU ON ACCOUNT OF YOUR MISUSE OF THE SERVICES OR RELIANCE ON THE SERVICES FOR PURPOSES NOT CONTEMPLATED BY THIS AGREEMENT.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR LIABILITY FOR INTENTIONAL MISCONDUCT (INCLUDING INTENTIONAL OR RECKLESS MISUSE OR DISCLOSURE OF YOUR PERSONAL OR CONFIDENTIAL INFORMATION) BY PYMETRICS OR ITS PERSONNEL (INCLUDING ITS SUBCONTRACTORS AND AFFILIATES AND THEIR PERSONNEL), IN NO EVENT SHALL THE LIABILITY OF PYMETRICS AND ITS AFFILIATES (AND ITS SUBCONTRACTORS ) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS US $1000 or in accordance with Australian law, whichever amount is greater.

Without limiting the foregoing and to the extent allowed by applicable law, provided that pymetrics has used its reasonable efforts to provide the Services in accordance with this Agreement, including the warranties and representations in section 6.1, under no circumstances shall pymetrics or our affiliates be liable for:

  • the accuracy, content, completeness, reliability, operability, or availability of information or material displayed in, or linked from, the Services (including Jobs Listings) or otherwise made available via the Services;
  • the legality of information or material provided by any third party (other than pymetrics' subcontractors and affiliates) and displayed in, or linked from, the Services (including Jobs Listings) or otherwise made available via the Services;
  • the deletion, failure to store, misdelivery, or untimely delivery of any information, including your Profile Information, Private Information, Gameplay Data, and Trait Profile, provided that we use reasonable efforts to correct the issue as soon as practicable after becoming aware of it;
  • any harm resulting from downloading or accessing any third party information or material via the Services, or via other online sites or services accessed through the Services;
  • any technical malfunction of the Services that is beyond our reasonable control, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery, account login, or
  • any other services provided by the Services as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the Site; and
  • any other delay or failure in performance of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond pymetrics’ reasonable control, including, without limitation, widespread Internet failures affecting the general public, your computer equipment failures, your telecommunication equipment failures, your electrical power failures, strikes (other than at pymetrics or its subcontractors), labor disputes (other than at pymetrics or its subcontractors), riots, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties (other than pymetrics' subcontractors), provided that pymetrics uses its reasonable efforts to overcome the effects of that event (including through implementing prudent back-up, business continuity and disaster recovery processes).

Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you. Further, if any of the foregoing events impact users' ability to use the Services for the purpose of applying for roles at employers, pymetrics will use its reasonable efforts to:

  •         notify employers (who use the Services) of the event and its potential impact on users who are candidates; and
  •         (notwithstanding the Site Rules) facilitate that impacted users can repeat any Gameplay that they could not complete as a result.

7.         Governing law and dispute resolution

You agree that the laws of the State of Victoria, excluding its conflict of laws rules, will govern any dispute relating to this Agreement and/or the Site. You agree that all of these claims can only be litigated in the federal or state courts located in the State of Victoria, and you agree to the personal jurisdiction of those courts.

8.         pymetrics app

By using any pymetrics mobile application (“App”), you agree that this Agreement applies to your use of the App. Additionally, you agree that the App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. You further acknowledge that your use of the App may require the use of your data plan from your mobile service provider. You are responsible for payment of all data usage accrued based on your use of the App, and pymetrics disclaims all responsibility for such data usage. 

9. General terms

This Agreement, together with any amendments (accepted by you in accordance with section 1), shall constitute the entire agreement between you and pymetrics concerning the Services. This Agreement shall supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that if you wish to alter, amend, modify or override this Agreement, you and pymetrics must agree. For the avoidance of doubt, email or phone communication between you and a pymetrics representative shall not constitute an amendment or alteration of this Agreement.  If agreement on an alteration, amendment, modification or override of this Agreement cannot be reached, then you agree to cease using your Account and Pymetrics will promptly cease using your Candidate Data.

If a party doesn’t act to enforce a breach of this Agreement, that does not mean that it has waived its right to enforce this Agreement. You agree that pymetrics may assign this Agreement to our affiliates or a party that buys it without your consent but on notice to you through the Services.

10. How to contact us

If you have a question or complaint regarding the Services, please contact us online at support@pymetrics.com.  Pymetrics has a 24X7 support desk to assist with any inquiries.