Terms of Use 1. Acceptance. Welcome to www.protiviti.com (the "Site"). This page states the terms and conditions of the Site (Notice). Please review this Notice carefully. By accessing, browsing, or using the Site ("Use"), all users and viewers ("You," "you," "User," or "user") acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. Protiviti Inc. and its affiliates ("Protiviti") reserve the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes. 2. Eligibility. The Site and any related services are available to you, subject to your capacity to form legally binding agreements under applicable law. Minors (individuals under 18 years of age) are restricted from using this Site. If you are a minor, please do not use the Site. 3. License. Protiviti grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use or for your organization's legitimate business use. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the "Material" or "Materials") are the exclusive property of Protiviti or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without Protiviti's prior written consent. All trademarks, service marks, and logos (the "Marks") displayed on the Site are the exclusive property of Protiviti and/or their respective owners. You shall not use the Marks in any manner without Protiviti's and/or their respective owners' prior written consent. 4. User Submissions. You acknowledge that this Site is a passive forum for you to obtain information about Protiviti products and services, research, company information and career opportunities within Protiviti, but does not require users to register or otherwise provide Personal Information in order to access the Site. Except for the purposes described in our Privacy Policy Protiviti does not screen or monitor any Personal Information. If you choose to voluntarily submit your Personal Information to the Site (e.g. by submitting the Contact Us web form), you grant Protiviti a right, to process your Personal Information for the purposes described in our Privacy Policy /UK-en/privacy-policy and to transfer your Personal Information to the USA and other locations outside the EU and UK. 5. General Prohibition. In connection with your Use, you agree NOT to: (a) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; (b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of Protiviti or any third party; (c) upload, post, transmit, or store any material that: i. is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; ii. breaches any of your contractual or confidentiality obligations; iii. disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting and/or uploading abnormally large files or other data; or iv. is an advertisement or other solicitation, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes," franchises, distributorships, club memberships, sales arrangements, or similar materials; (d) violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, or collecting other's personal information; (e) breach or attempt to breach any security measures of the Site; (f) use any device, process, or mechanism (e.g., a spider or "bot") to monitor, retrieve, search, or access the Site or any Material without Protiviti's prior written consent; (g) access or attempt to access any account or login of any other user or third party listed on the Site; (h) copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials; (i) post or submit any inaccurate, false, or incomplete information; (j) impersonate any person or entity; (k) forge any header information in any electronic posting or mail; or (l) misrepresent yourself, your affiliation with any third party, or your entity. 6. Specific Usage and Responsibilities. In addition to the general responsibilities listed in Section 5, you agree to (a) use the Site only for lawful purposes; (b) seek independent advice or counsel and to use independent judgment, caution, and common sense prior to using any information or Materials offered by or obtained from the Site; and (c) bear the risks of any reliance or use of any Materials or any information offered by or obtained from the Site or provided by any third party. The Materials are for informational purposes only and are not represented to be suitable for any particular purpose, complete, accurate, valid, timely or error free. 7. Third Party Information. You understand and agree that Protiviti: (i) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (ii) shall not be responsible for, and you hereby release Protiviti from any liability with respect to, any Materials posted by third parties; and (iii) is not your agent in any regard. 8. Links to Third Party. The Site may have 3rd party social plug ins from Facebook, LinkedIn, Twitter and other links such as hyperlinks or buttons, directing access to third party's web sites ("Linked Sites"). The Linked Sites may not be controlled or monitored by Protiviti. Protiviti shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between Protiviti and the owner of the Linked Sites or any endorsement or sponsorship by Protiviti of the Linked Sites. Protiviti includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites. To find out the third party’s purpose and scope of the collection, processing and use of your Personal information, as well as how you can oppose its use, you should review the third party’s website privacy notice. The Careers section of our Site also links to our HR management service called “Workday”. When you click on “Search Jobs”, you are redirected to a Protiviti-branded portal on Workday.com. If you apply for a vacancy and you submit your CV, the recruitment process will be managed by us via Workday in accordance with our Privacy Policy /UK-en/privacy-policy. Protiviti does not own or control, these 3rd party services and these websites might also use Cookies. Users should refer to each 3rd party’s website terms of use and privacy notice for more details including the types of Cookies they use. 9. Privacy. See our Website Privacy Policy for more information. 10. What are cookies? This Site uses session cookies. Cookies are small files which are created when a user accesses certain websites and are stored on your local computer (or mobile device). Cookies can be accessed by the website or directly from your local computer. Cookies are intended to record information about your web browsing session on the website (e.g. a session ID, selections made in web-forms, content of “shopping carts” on e-Commerce sites, etc.,) and can be used by the website to remember your preferences, personalise your experience or the content displayed to you and track some aspects of your browsing activity. A description of the Cookies used by this website and their purposes are listed below. By using our Site you consent to the use of cookies as described below and you agree that our Site may install analytical cookies on your computer or mobile device. You can adjust your session cookie preferences through the settings feature of your browser. You can find more detailed information about cookies and how they work at http://www.aboutcookies.org/. Cookie Settings Which session cookies do we use on this Site? (a) Necessary and functional cookies Some of the cookies we use are necessary for the site to function correctly. We also use functional cookies to record information about the choices you have made and to allow us to tailor the site to our users; for example, to remember your language or region or that you have already completed a survey. This information is anonymized and is not used for any other purpose. Cookie Name Description of Purpose When to cookie expire 1st party or 3rd Party Has_js Application cookie used by Batch API, detects if JS is enabled on Client Browser Session Cookie 1st party Cookie_agreed Tracks whether the user has accepted the cookie notice / banner displayed when they first access the site (it basically says “this site uses cookies” and links to the ToU) and stops displaying that if the user accepts the cookie notice. This is a session cookie, which means that it expires when the browser is closed. It does not track any Personal Information. 1st party cookie (b) Google analytics - Tracking cookies We use analytical cookies provided by Google, as part of their “Analytics” services. These cookies are used to collect information about how visitors use our Site. We use this information to compile reports that help us to improve the functioning of our Site. These cookies automatically expire 24 months after your last visit to our Site. We never use these cookies to record Personal Information about you. The following data is collected: the number of visitors to our Site, how visitors have arrived at our Site and which pages they visit. This is associated with an anonymised SessionID in the cookie. In addition to the Google analytics we use some other tracking cookies. Listed below are all the cookies in use on this Site: Cookie Name Description of Purpose When the cookie expires 1st party or 3rd Party Marketing automation web-tracking cookie(“Munchkin”) Analyses browsing activity across sites to establish user profile. Automatically expires 36 months after your last visit to our Site. 3rd party Google analytics Web traffic tracking Automatically expires 24 months after your last visit to our Site. 3rd party Inspectlet Inspectlet records details of the user interactions within the site, specifically where a user navigates via their mouse or touch screen to navigate around the Site, to help understand the user’s behaviour. Automatically expires 24 months after your last visit to our Site. 3rd party Optimisely Tracks the users behaviour on the site. e.g. what a user clicks on and how a user navigates between pages / areas of the site. This is anonymised via a unique but random sessionID which isn’t linked to the individual in any way. Expires after 10 years. 3rd party (c) How can cookies be disabled? More information about enabling/disabling and deleting cookies can be found through the security features of the browser you are using (Check the “Help” or “Internet” options available for your browser or consult your browser provider's website for further information). For more information about the use of cookies on mobile devices and how you can disable and delete these, please refer to the manufacturer’s instructions.If you want to automatically block all cookies coming from Google analytics please visit the following website: http://support.google.com/analytics/bin/answer.py?hl=en&answer=181881 Be aware that any preference you have set will be lost if you delete all cookies, including your preference to opt-out from cookies as this itself requires an opt-out cookie to have been set. For more information on how to modify your browser settings to block or filter cookies, see http://www.cookiecentral.com/faq/. 11. Indemnification. You agree to indemnify, defend, and hold Protiviti, its parents, and subsidiaries, and their respective affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of your Use of the Site, your Use of the Materials, your Personal Information, or your violation of any terms and conditions of this Notice. 12. Disclaimer. YOU ACKNOWLEDGE AND ACCEPT THAT: (I) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE AND ITS MATERIALS. THE SITE AND ITS MATERIALS ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. (II) PROTIVITI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. ( III ) PROTIVITI EXPRESSLY DISCLAIMS ALL WARRANTIES (A) THAT THE SITE AND ITS MATERIALS WILL BE ERROR- FREE OR VIRUS- FREE ; (B) THAT THE SITE WILL BE UNINTERRUPTED AND SECURE; (C) THAT THE SITE WILL MEET YOUR REQUIREMENTS; AND (D) REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS OR TRUTHFULNESS OF ANY PERSONAL INFORMATION. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. 13. Liability and Limitations of Liability. YOU UNDERSTAND AND AGREE THAT THE SITE AND ITS MATERIALS ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU UNDERSTAND AND AGREE THAT SOME LAWS, REGULATIONS, GUIDELINES AND OTHER MATTERS ADDRESSED IN THE SITE AND ITS MATERIALS ARE SUBJECT TO INTERPRETATION AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR, AND WAIVE ANY CLAIM AGAINST PROTIVITI, ITS PARENTS, AND SUBSIDIARIES, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FOR ANY LOSS, DAMAGE AND EXPENSE (OR CLAIM THEREOF) RESULTING FROM YOUR USE OF THE SITE AND ITS MATERIALS. YOU AGREE THAT THE AVAILABILITY OF THE SITE AND ITS MATERIALS SHALL NOT BE CONSTRUED AS THE RENDERING OF ANY TAX, LEGAL, ATTEST, ACCOUNTING, AUDITING OR OTHER PROFESSIONAL, SERVICES OR ADVICE. YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE, THE MATERIALS, OR ANY PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE , STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE PROTIVITI, ITS PARENTS, AND AFFILIATES, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF PROTIVITI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, THE MATERIALS, ANY PERSONAL INFORMATION, AND ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE AND ACKNOWLEDGE THAT PROTIVITI'S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10. 14. Termination. Protiviti shall have the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. Protiviti may also terminate your access to any part or all of the services provided by Protiviti on the Site at any time, with or without cause or notice, for any or no reason. 15. General. You agree that there is no employment, partnership, agency, or joint venture relationship between you and Protiviti arising out of or resulting from your Use of the Site. This Notice constitutes the entire agreement between you and Protiviti governing your Use of the Site. This Notice is governed by the laws of the State of California, United States of America, without giving effect to any principles of conflict of laws. Protiviti does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you are solely responsible for all your actions and assume all risks. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 shall survive any termination of this Notice for any reasons. Technical Support Who to contact if you need more information regarding the Site or this Notice: If your home country is the EU or UK, email us at: [email protected] or write to: Data Protection Office, Alfons Gossetlaan 28A B7, 1702 Groot Bijgaarden, Belgium. If your home country is US or another location, email us at: [email protected] or by write to: Database Management, Protiviti Inc., 2884 Sand Hill Road, Menlo Park, California 94025. Revisions to these Terms of Use If we change these Terms of Use we will post any updates here for your review. These Terms of Use were last updated on 19 July 2017.
