Version 2.0, dated October 21, 2017
Scope of these Terms and Conditions
These terms and conditions (the “TCs”) govern the access to and use of the KPMG QuercusApp Performance via KPMG QuercusApp Performance’s web-based platform (the “Platform”, https://account.quercusapp.com).
KPMG QuercusApp Performance is processing the/your data recorded on the Platform as data processor on behalf of your employer/principal. It is only your employer/principal who determines the purpose for which and the manner in which any of your data are, or are to be processed (i.e. your employer/principal is the data controller).
Acceptance of the TCs
Please read the TCs very carefully. If you do not agree to any of the provisions set out in those documents, you should not access and use the Platform. By accessing or using the Platform, you accept the TCs and agree to abide by them.
Change of the TCs
KPMG QuercusApp Performance may modify the TCs at any time. You should therefore look at the TCs regularly. Respective modifications will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, modifications addressing new functions for specific services of KPMG QuercusApp Performance (“Services”) or changes made for legal reasons will be effective immediately. If you do not agree to the modified TCs, you should discontinue using the Platform.
Your Platform Account
You need to register for a personal account (the “Account”) in order to access and use the Platform.
To protect your Account, keep your login credentials (user ID and password) confidential. You are responsible for the activity that happens on or through your Account. Try not to reuse your Account password on third-party applications. If you learn of any unauthorized use of your login credentials or Account, please inform KPMG QuercusApp Performance as soon as possible about respective incidents.
Content uploaded to the Platform
You retain the intellectual property rights, and any other rights, such as personality rights, in the data (the “Content”) that has been uploaded to your personal account on the Platform (subject to prevailing rights of your employer/principal). All copyright, trademarks and other intellectual property in or arising out of the Platform vest however solely in us. KPMG QuercusApp Performance will exercise no active control whatsoever over the Content recorded on the Platform.
To the extent necessary to fulfil our obligations towards you under the TCs and towards your employer/principal under the License Agreement, you grant KPMG QuercusApp Performance a worldwide licence to process the Content. Make sure that you have the necessary rights to grant us such licence for any Content that you upload to the Platform.
KPMG QuercusApp Performance Rights in the Service
You will not (i) copy, reproduce, alter, modify, reverse-engineer, or create derivative works from the Service; (ii) rent, lease, distribute, sublicense, assign or resell the Service, or use the Service as the basis for developing a competitive solution (or contract with a third party to do so); or (iii) remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Service. You will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations.
To the extent permitted by applicable law, KPMG QuercusApp Performance does not assume liability for the non-availability of the Platform (service disruptions etc.), misuse of your login credentials, and illegal Content that has been uploaded to the Platform by either you or your employer/principal.
KPMG QuercusApp Performance will process the Content recorded on the Platform in accordance with the agreement KPMG QuercusApp Performance has entered into with your employer/principal and the applicable data protection laws.
In addition, we may use certain tools (e.g. Promoter, SatisMeter) which are integrated in the Platform and which enable you to directly communicate with KPMG QuercusApp Performance. In order to use such communication tools, you have to accept the terms and conditions (including privacy declaration) of the relevant provider (Promoter, SatisMeter etc.). KPMG QuercusApp Performance is using the Content you have provided by using a communication tool only for internal purposes, in particular, to improve KPMG QuercusApp Performance’s Services.
- Piwik: Piwik provides us with information about how you use our Platform (e.g. information regarding the number of visitors of the Platform, where they are from and the length of time they have spent on the Platform).
- Heat mapping and session recording: We use heat mapping and session recording services to learn about the areas of the Platform where you most frequently move the mouse or click. This shows us where your points of interest are. These services make it possible to monitor and analyze web traffic and keep track of your behavior. Some of these services may record sessions and make them available for later visual playback.
By using the Services or the Platform, you agree that KPMG QuercusApp Performance can store and access the above cookies on your device. You may refuse to accept these cookies by altering the settings on your internet browser.
Disclosing your personal information
We will not share the information gathered by the above cookies (or otherwise) with any third party except where:
- You have expressly consented to KPMG QuercusApp Performance sharing such information with third parties;
- We are under a legal, regulatory or professional obligation to disclose such information;
- KPMG QuercusApp Performance, or substantially all KPMG QuercusApp Performance’s assets are merged or acquired by a third party, in which case such information may form part of the transferred or merged assets;
- We provide anonymous statistical information about users of the Platform and related usage information to reputable third parties; or
- We are using a third party service provider to provide services that involve data processing.
In order to provide our Services and operate the Platform, any personal information that we collect from you may be transferred to and stored by a third party at a destination inside or outside Switzerland or the European Economic Area, including in a country where the law provides less protection for personal information. By using our Services or the Platform and by providing any personal information, you are consenting to such transfers, storing or processing of your personal information.
Governing Law and Jurisdiction
The TCs shall be governed by the laws of Switzerland, to the exclusion of its conflict rules and international treaties such as the UN Convention on the International Sale of Goods.
Any dispute arising out of or in connection with the TCs shall be submitted to the exclusive jurisdiction of the courts of the City of Zurich (Zurich 1), Switzerland.
If you have any questions or need further information about our cookie practices, please contact email@example.com.