Effective Date: February 1, 2014.
At Knack, we provide a series of web and mobile games, puzzles, and challenges (collectively “Games”) through which we develop your Knack User Profile. You may access or download and play our Games for your own enjoyment. Your employer or potential employer may request you to do so. This Policy describes the type of information we collect from users of our Games and Application (“Users”). It also describes how we use, share, and protect this information.
We may collect information about you from a variety of sources, including information we collect from you directly when you log onto our Application or use our Games.
To use our Application, Users must log-in to our website using Facebook Connect or sign-up with an email address. Users can access our Games on our website, or download them from the App Store.
We will ask you to create a Knack account and password the first time you use our service.
Information we collect from you when you use our services The Application allows you to play Games through which the Service collects information about your game-play in order to identify and give you feedback on your strengths, talents, abilities, and skills (“Knacks”). The Services may provide you with information about your Knacks as well as information about how your Knacks rank compared to other users (collectively, “Results”). The results of other users are only presented in aggregate form; Knack users are not individually identified to other users by their results. If you play the Games at the request of an employer or potential employer, your Results will be shared with that Employer. Knack is not responsible for the manner in which any employer or potential employer uses such information.
We may collect information about any communication between you and Knack or any communications we may receive from third parties about your use of the Application or Services, or about your use of our Services. We may combine this information with the other information we have collected about you.
In general we use the information we collect, including personal information, about you for the following purposes:
We do not sell or rent any of your personal information to third parties for their marketing purposes, unless we receive your consent. We may disclose the information we collect about you, including personal information, under the following circumstances:
Affiliates and business partners We may disclose the information we collect from you, in an anonymized and/or aggregate form, to our affiliates or business partners. Their use of information will be subject to restrictions at least as strict as those in this Policy.
Customers Employers and prospective employers may contact us to provide our Games to current and/or prospective employees. If we are hired to perform our Services on behalf of a third party, and you are requested by an employer or prospective employer to play our Games, we may disclose the results of a specific User’s Performance to that third party. We also may disclose aggregate information regarding all Users or a category of users (e.g., based on where the User attended school, based on age range, etc.) to other third parties. Knack is not responsible for the manner in which any employer, potential employer or other third party uses such information.
Service providers We may disclose the information we collect from you to third-party vendors, service providers, contractors or agents that perform functions on our behalf. These third parties have agreed to maintain the confidentiality, security and integrity of personal information and to only use it for the purposes for which they have been engaged by us.
Business transfers If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the acquiring company.
Legal process We may also disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, subpoena or other legal process.
Other third parties for advertising purposes: Notwithstanding the above, we may share aggregate or de-identified information about users with third parties for marketing, advertising, research or other purposes. For example, if we display advertisements on behalf of a third party, we may share aggregate information with that third party about the users to whom we displayed the advertisements.
Our Application may also provide publicly accessible message boards and similar forums. You should be aware that any information you provide in these areas is visible to and may be read, collected, used or disclosed by other registered users or public visitors to the Application. We may collect information about the content you post and may combine it with other personal information that we collect about you. In addition, you are solely responsible for any content you post to the Application. Although we do not review user content before it is posted, we reserve the right to remove any content we believe violates this Policy or otherwise objectionable.
If you have signed up for our Services, we may, from time to time, send emails to solicit your feedback, to invite you to take actions, or to notify you about promotional offers and other information we think may interest you. If you do not wish to receive emails from Knack, you may opt out of future e-mails by clicking the unsubscribe link in any such e-mail or by sending an e-mail to firstname.lastname@example.org
Users may request copies of and/or access to the Personal Information that Knack has collected from the Application, through third parties or directly from the User. Users may request access to or modification of any Personal Information we have collected by contacting us at email@example.com
The Application may contain links to other sites that are not owned or controlled by Knack. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to review the privacy statements of each site that collects personally identifiable information. This Policy applies only to information collected through this Application and the Services.
We want the information that you submit to us to be secure. We have implemented commercially reasonable precautions to protect our Application and Services, as well as the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time.
Our Application is not intended to be used by children under the age of 13. We do not knowingly collect personally identifiable information from, or target our Application to, children under the age of 13. In accordance with the Children’s Online Privacy Protection Act of 1998, if we discover that a child under 13 has provided us with personally identifiable information, we will remove it from our systems immediately. Children under the age of 13 may be able to download our Games from the App Store and play for entertainment purposes only, however, they should not use the Application.
We may amend this Policy at any time. Any changes will be posted here, so please check this page regularly and make sure to also check the effective date, as set forth above. All amended terms shall be effective immediately. If we make any changes to this Policy that materially affect how we treat the personal information we have previously collected from you, we will endeavor to provide you with notice, at your e-mail address of record or otherwise on the Application, and allow you to opt-out of having your personal information used in such a manner.
PO Box 591316
San Francisco, CA 94159
Effective Date: April 24, 2015
Company has developed a breakthrough technology (“Service”) that includes mobile video games through which Company collects data and identifies behavioral attributes that may be relevant to talent management, including sourcing, screening, recruiting, hiring, team building and collaboration, mobility and promotion, leadership development, retention, and training activities that an employer may consider or undertake with respect to job applicants and/or existing workforce. Customer wishes to obtain access to the generally available version of the Service for use in accordance with the terms set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
Company provides Customer access to the Service as of Customer’s sign up to the Service.
Company grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its own use with Authorized Users in the normal course of business. “Authorized Users” means Customer employees and jobseekers.
Company will provide Customer with support at the contact information available at https://www.knack.it/contact. Except as expressly set forth herein, warranty and support services will not be provided by Company hereunder.
Customer shall not, directly or indirectly, nor permit any Customer user to: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service; (ii) modify, translate, or create derivative works based on the Service; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer its rights to use the Service; (iv) use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (v) remove proprietary notices from the Service or any other Company materials furnished or made available.
5.2 Privacy Customer represents, warrants and covenants that Customer is in compliance with and will comply with all applicable privacy and data protection laws and regulations with respect to any personal data or personally identifiable information that Customer or any Authorized User may provide to Company directly or through the Service.
6.1 Company Ownership Customer acknowledges that as between Company and Customer all right, title and interest in the Service and any other Company materials furnished or made available, and all modifications and enhancements thereof, including all rights under copyright and patent and other intellectual property rights, belong to and are retained solely by Company or Company’s licensors and providers. There are no implied rights. Any aggregated or anonymized data and any information collected and/or compiled by Company hereunder, and the results of any manipulation, analysis, calculations, or processing of such data (collectively, “Aggregate Data”) is owned solely and exclusively by Company.
6.2 Customer Data Customer shall have a limited, revocable license to use customer data through the Service during the Service Period. Customer shall have no other right in or to the Service or customer data.
7.1 Hardware; Software In the case where the Service is made available to Customer through a third-party hosting services provider, Customer is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access and use the Service, and for paying all third-party fees and access charges.
7.2 Conduct Customer shall be solely responsible for its actions and the actions of its employees and personnel while using the Service. Customer acknowledges and agrees (1) that Customer assumes the risk for use of the Service; (2) that Customer is responsible for selecting appropriate remediation for, and resolving, any issues found on Customer’s network or in Customer’s web traffic through the Service; and (3) that Company is not liable for, or responsible to, remediate any issues found on Customer’s network or in Customer’s web traffic through the Service. Customer agrees: (a) to abide by all local, state, and federal and national laws and regulations applicable to Customer's use of the Service; (b) not to upload or distribute in any way content that contain viruses, corrupted files, or other similar software or programs that may damage the operation of the Service or another's computer or mobile device; (c) not to use the Service for illegal, fraudulent, unethical or inappropriate purposes; and (d) not to interfere or disrupt networks connected to the Service or interfere with others’ ability to access or use the Service.
7.3 Reporting Customer shall promptly notify Company of defects or problems in the Service or its use or operation.
8.1 For Cause Company or Customer may terminate upon five (5) days notice via email (firstname.lastname@example.org) of a material breach if such breach is not cured within such five (5) day period, provided that any willful unauthorized use, copying, disclosure, distribution or sublicensing of the Service or documentation or any related methods, algorithms, techniques, or processes will be deemed a material breach of this Agreement that cannot be cured.
8.2 Effect of Termination Company shall not be liable to Customer or any third party for suspension or termination of Customer’s access to, or right to use, the Service. Sections 5 (Security & Privacy), 6 (Ownership), 8 (Termination), 9 (Confidentiality), 10 (Warranty Disclaimer), 12 (Limitation of Liability) and 13 (General) shall survive its expiration or termination for any reason.
9.1 Obligations The parties agree to maintain in confidence non-public information of the other party, whether written or otherwise, disclosed by the other party in the course of performance of this Agreement that a party knows or reasonably should know is considered confidential by the disclosing party (“Confidential Information”). The parties agree that Confidential Information includes the sequence and structure of the Service. The receiving party shall not disclose, use, transmit, inform or make available to any entity, person or body any of the Confidential Information, except as a necessary part of performing its obligations hereunder, and shall take reasonably necessary and appropriate actions to preserve and protect the Confidential Information and the parties’ respective rights therein, at all times exercising at least a reasonable level of care. The parties agree to restrict access to Confidential Information of the other party to employees or agents who require access in order to perform hereunder, and, except as otherwise provided, neither party shall make Confidential Information available to any other person or entity without prior written consent of the other party.
9.2 Exclusions Confidential Information shall not include information that is (i) already known to the receiving party at the time of the disclosure; (ii) publicly known at the time of disclosure or becomes publicly known through no wrongful act or failure of the receiving party; (iii) subsequently disclosed to the receiving party on a non-confidential basis by a third party not having a confidential relationship with the other party that rightfully acquired such information; or (iv) communicated to a third party by the receiving party with the express written consent of the other party. A disclosure that is legally compelled to be disclosed pursuant to a subpoena, summons, order or judicial or governmental process shall not be considered a breach; provided the receiving party provides prompt notice of such subpoena, order, or the like to the other party so that such party has an opportunity to seek protective order or oppose disclosure.
The Service is under development and testing by the Company and it may not operate properly. All use of the Service is at Customer’s own risk. CUSTOMER ACKNOWLEDGES THAT ALL COMPONENTS AND ASPECTS OF THE SERVICE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, COMPANY MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE. COMPANY DOES NOT WARRANT THAT IT WILL DEVELOP OR MAKE AVAILABLE ENHANCEMENTS OR MODIFICATIONS OF THE SERVICE.
Company recommends that Customer does not use the Services as a pass/no-pass screen for any employment decision or action. Customer should use the Service as incremental information as part of a complete talent process. Company has not and does not represent or warrant that Customer’s use of the Service is in compliance with any local, state, federal or national laws in or outside the US regarding use of employment tests or any other employment selection procedures. Although Company has conducted aggregated studies that provide information regarding the general link between an individual’s performance on the Service and other skills and abilities, Company does not represent or warrant that the Service has been professionally validated for Customer’s use on its workforce. Similarly, although Company has conducted aggregated studies reflecting the impact of the Service on different demographic groups, the Company makes no representations, guarantees or warranties regarding the impact of the Service on different demographic groups when used by Customer.
12.1 Limitation on Direct Damages IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY FOR DIRECT DAMAGES, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE SERVICE FEE, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
12.2 Waiver of Consequential Damages IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 Essential Purpose The essential purpose of Section 12 is to limit the potential liability of the parties under this Agreement. The parties acknowledge the limitations set forth in this Section 12 are intricate to the amount of consideration levied in connection with the Service and that, were Company to assume any further liability, such consideration would, out of necessity, have been set much higher.
All notices to a party shall be in writing and sent by email at the address specified below, and shall be deemed to have been duly given when transmitted. This Agreement shall inure to the benefit of each party’s successors and permitted assigns. This Agreement, together with all exhibits, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, oral or written statements and understandings between the parties. Customer acknowledges and agrees that the Service and technology subject to this Agreement are subject to the export and reexport control laws and regulations of the United States and any applicable jurisdiction, including but not limited to the Export Administration Regulations (“EAR”), and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls. Customer will comply with these laws and regulations. Customer shall not, without prior U.S. government authorization, export, re-export, or transfer any goods, software, or technology subject to this Agreement, either directly or indirectly, to any country subject to a U.S. trade embargo (currently Cuba, Iran, North Korea, Sudan, and Syria) or to any resident or national of any such country, or to any person or entity listed on the “Entity List” or “Denied Persons List” maintained by the U.S. Department of Commerce or the list of “Specifically Designated Nationals and Blocked Persons" maintained by the U.S. Department of Treasury. The Service is Commercial Items as that term is defined and used in the Federal Acquisition Regulation, 48 C.F.R. 2.101 and 48 C.F.R. Part 12, and is comprised of "commercial computer software" and "commercial computer software documentation". If obtained by or on behalf of a civilian agency, the U.S. Government obtains this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data). If obtained by or on behalf of an agency or entity of the Department of Defense ("DoD"), the U.S. Government licensee obtains this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 and 48 C.F.R. 227.7202-4 of the DoD FAR Supplement ("DFARS") and its successors, and consistent with 48 C.F.R. 227.7202-1. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software or computer software documentation. This Agreement may be amended or superseded only by a written instrument signed by both parties. This Agreement shall be governed by the laws of the state of California, excluding its conflict of laws rules. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. Any provision of this Agreement held to be unenforceable shall not affect the enforceability of any other provisions of this Agreement. Neither party shall be in default if its failure to perform any obligation under this Agreement is caused solely by supervening conditions beyond that party’s reasonable control, including acts of God, civil commotion, war, strikes, labor disputes, third party Internet service interruptions or slowdowns, vandalism or “hacker” attacks, acts of terrorism or governmental demands or requirements.