Last updated: March 31, 2022
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:
Please do not hesitate to contact our data protection office at firstname.lastname@example.org should you have any additional questions related to our compliance with the PA and APP.
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.
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.
When creating and registering an Account, you agree to:
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 email@example.com. A pymetrics support representative will work with you to investigate and restore your Account.
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:
Upon completion of one or more of the Games, you may contact firstname.lastname@example.org 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/).
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.
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.
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)).
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.
When accessing and using the Services, you agree that you shall NOT:
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”).
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.
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.
Pymetrics warrants and represents that:
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.
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:
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:
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.
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.
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.
If you have a question or complaint regarding the Services, please contact us online at email@example.com. Pymetrics has a 24X7 support desk to assist with any inquiries.