Updated: 24 June 2019

KPMG QuercusApp Performance (hereinafter “Quercus”, or the “App”) is operated by KPMG ADVISORY S.R.L., a company registered with the Trade Register under no. J40/6657/18.07.2000, having its registered office in Bucharest, 69-71 Bucuresti-Ploiesti Road , District 1 Bucharest, Romania, (hereinafter “KPMG”, “we” or “us”). This page, as well as other documents referred by them, set our “Terms and Conditions” of our App. The following terms and conditions govern the use of the service by the end client (hereinafter “client”, “users”, “employee(s)”). Please read carefully before you use our App. By using our App you accept these terms and conditions and agree to abide by them.

1. Scope of App

The general business terms and conditions apply to all services provided by App (irrespective of whether subject to charge or free of charge and regardless of scope) in respect to the usage of service.

The general business terms and conditions apply to the respective version in force. It also applies to the respective version in force of all future business relationships, even if these are not explicitly agreed to. The client is obliged to obtain information concerning the current terms and conditions prior to each agreement or contract extension. The general terms and conditions can be viewed at any time via Internet at https://www.quercusapp.com/terms/.

The general terms and conditions apply exclusively. We do not recognize divergent conditions of the client unless we have explicitly agreed in written form to their validity.

2. Service Description

Quercus is a cloud-based software application, build on a modular approach in order to fit clients’ needs.  The App is designed to monitor and to make the feedback process more efficient within a company, to set up business and personal objectives, as well as to complete performance reviews, and to have meaningful performance discussion during a specific period.

Once your company has signed a contract with KPMG for QuercusApp, KPMG will set-up your company’s account on the App platform based on a set-up file provided by your company which includes information about your name, e-mail address, department, team, level of seniority, position, line manager and direct reports names and e-mail addresses, as well as the list of relevant skills in the organization.

Once your company’s account has been set up on the platform, you will receive an email invitation with a link asking you to set-up a password and access QuercusApp at the following web-page: https://kpmg.quercusapp.com/login .

User can change their password to access the application, can set their turn on/off notifications, change their first and/or last name, and their profile picture.

If you notice any suspicious activity on your account, change your password immediately and please notify us without undue delay at team@quercusapp.com.

When creating a User Account, you agree to: (i) provide and keep current accurate and complete information about yourself and your company (“Registration Data”); (ii) maintain the confidentiality of your Account and log-in credentials, if applicable; and (iii) restrict access to all others. You agree to accept responsibility for all activities that occur under your Account. If we have reasonable grounds to suspect that the information you provide is inaccurate, incomplete or impersonates another person, we reserve the right to suspend or terminate your Account. All Registration Data will be stored and used in accordance with our Privacy Policy.

3. Primary functionalities

The App has three primary functionalities: exchanging feedback, setting objectives, and completing performance reviews.

Exchanging feedback

The exchange of feedback can be accomplished through either asking for feedback from one or multiple users/employees within the company or by proactively giving feedback to another user within the company.

Ask for feedback: the recipients of that request can respond by giving feedback to that specific request within the application. After they have done so, the feedback recipient can see the feedback within the application.

Giving feedback proactively: the recipient of the feedback can see that feedback in the application as well.

Feedback Overview: Users can see the specific feedbacks they’ve received in “feedback overview”. Furthermore, they can also view all feedbacks they have sent to someone else in the past as well as any drafts of feedbacks they have saved but not yet sent.

Feedback Insights: Users can see which competencies they’re strongest and weakest at. Furthermore, they can then dive into the details of the specific competency they’re interested in.

In case a user has direct reports, the user has access to the “team” section of the application where he will be able to see the feedback insights of the user’s direct reports, and not just the personal feedback insights.

Setting objectives

Users can create and update objectives. Primarily, objectives include a title as well as a description and a due date. Optionally also key results can be added to measure it.

In the case a user has direct reports, he can see a list of all objective periods created by the company and see an overview of all their direct reports’ objectives in a given period. They can also create and update objectives for their direct reports.

Completing performance reviews

Users can complete their own self-review and view the manager’s evaluation of them. While completing their own self-review, they can see any feedback they’ve received, any objectives that have been created, and completed past review to help them in completing the review.

When managing a team: users can see a list of all reviews created by the company and see an overview of their direct reports’ reviews status. They can view the direct report’s review as well as complete reviews for respective direct reports. When doing so, they also have access to any feedbacks received by the respective employee, completed past review, the completed self-review, and objectives to assist them in completing the review.

Admin sections

Users with “admin rights” have access to the “admin” section of the application. This encompasses eight primary functionalities:

Feedback Activity: An overview of feedback activity in the company.

Manage Feedback: The ability to search for exchanged feedback.

Objectives: Admins can create objective cycles by configuring certain variables such as title, time period, objective setting rights and specific objective categories.

Reviews: Admins can create review cycles by configuring certain variables such as title, time period, and the questionnaire.

People: Admins can see all users across the company and can create new users or edit existing ones.

Teams: Admins can create new teams and edit or just view existing ones.

Categories & Competencies: Admins have an overview of all categories and competencies that have been set up by the company, and can edit these.

Jobs: Admins have an overview of all jobs set up in the application across the company. They can create new jobs or edit existing ones.

4. Our App

We endeavor to keep this App accurate, up to date and available at all times. In order to do this some parts of our App may not be available while we make changes and we reserve the right to withdraw access or change any part of our App at any time. We are, however, under no obligation to ensure the material on our App is accurate, up to date or available. We disclaim all responsibility and liability, to the extent permitted by law, regarding the accuracy and/or availability of the material on this App.

5. 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 App. By accessing or using the App, you accept the TCs and agree to abide by them.

6. Change of the TCs

KPMG may modify the TCs at any time. You should therefore look at the TCs regularly. The 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 the App or changes made for legal reasons will be effective immediately. If you do not agree to the modified TCs, you should discontinue using the App.

7. 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 as soon as possible about the respective incidents.

8. Content uploaded to the App

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 App vest however solely in us. KPMG 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 a worldwide license to process the Content. Make sure that you have the necessary rights to grant us such a license for any Content that you upload to the Platform.

9. Fees

KPMG grants to your company and you company accepts a non-exclusive and non-transferable license to use Quercus, in accordance with the terms and conditions of the Software License Agreement. For the performance of the Agreement, license fees are payable by your company depending on the number of employees registered on Quercus.

10. Maintaining Secrecy, Data Protection, Storage

We will not disclose and will protect the Confidential Information (as defined herein) disclosed in connection herewith from unauthorized dissemination and use with the same degree of care that such a client uses to protect its own like information, but in no event using less than a reasonable degree of care to protect such information. Neither, we will use the clients’ Confidential Information for purposes other than those necessary to directly further the purposes of the Agreement. For purposes hereof, Confidential Information shall mean all nonpublic and proprietary information of a party, whether transferred orally, visually, electronically, or by other means, and includes, without limitation, the terms of this Agreement, financial, marketing, research and development, technical and other information, our current and future Services including, without limitation, all surveys and survey questions, employee performance related information and software. In the event that is required by law, regulation, legal process or court order to disclose any Confidential Information of the other, the disclosing we shall promptly notify the user.

We have taken commercially reasonable actions, including encryption and firewalls, to ensure that Company and its employees’ personal information is disclosed only to those designated. You are solely responsible for maintaining the confidentiality of any password or other identifier you use to access the App, and agree that we will have no obligations with regard to the use by third parties of such password or other identifier. We shall also not be responsible for any breach of security caused by your failure to maintain the confidentiality of your password or other identifier.

The data processed by the App are confidential, and complies with the legal provision as explained in the Privacy Policy.

In accordance with Data Protection Law applicable, App is required to point out that personal data is stored. The company has the right to revoke his/her agreement at any time to the storage and use of personal data, with effect for the future.

The App undertakes that the client’s data gathered during the use of services and the results of it are not to be exploited for any purpose, nor made available to third parties.

The data related to the use of the App might be disclose to third parties in particular State authorities under a specific legal obligation.

11. Liability

To the extent permitted by applicable law, KPMG does not assume liability for the non-availability of the App (service disruptions etc.), misuse of your login credentials, and illegal content that has been uploaded to the App by either you or your employer/principal.

Notwithstanding the above, KPMG is not liable for any information included by other employees/third parties in the App when using/receiving the services provided by KPMG or for the way such information is used by any entitled person.

KPMG is not liable for the content, the correctness and the accuracy of data included in the App. In this respect, KPMG is not liable for any decision which the employer or any other person might take based on the information included in the App.

12. Reliance on information on our App

Any materials on our App are for information purposes only and are not intended to amount to any advice. Any advice you require about any issues should be sought from us on an individual basis. To the fullest extent permitted by law, we disclaim all liability and responsibility for any reliance on the materials on our App.

13. Links

Any links provided by our App to any third party sites are provided for information purposes only. We are not responsible for the content, and have no control over, the third party sites to which we provide links.

14. Intellectual Property Rights

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.

The intellectual property rights in all materials on this App are owned by or licensed to us, including, without limitation, those subsisting in all photos, graphical works and text (including publications). You may reproduce such materials for your personal review only. You may also copy materials on this App to others provided that any such copy is accurate and not misleading, is provided free of charge, acknowledges KPMG as its source and prominently features both this limited right to copy and the www.quercusapp.com web address. Save as expressly permitted above, all use and reproduction of any material on this App or any incorporation of the same into any other material, in whatever media or format, is strictly prohibited. Please contact team@quercusapp.com for further information on reproduction of materials on our App.

15. Governing Law and Jurisdiction

The Terms and Conditions shall be governed by the laws of Romania.

Any dispute arising out of or in connection with the Terms and Conditions shall be submitted to the exclusive jurisdiction of the applicable courts of Romania.

Any questions?

If you have any questions, need further information about our privacy practices, or would like to let us know that your details require updating, please contact us at team@quercusapp.com.