Participant Terms and Conditions

1           ABOUT US

1.1                Please read the following Terms of Use (“Terms”) to understand our terms and conditions of your use of our web application at website, www.pulsemotivation.com, (“Website“) and survey software assessment tools completed by you and other participants (“Assessment”) as part of services we provide to our clients. Please refer to the Privacy Policy regarding the personal information you provide us with, how this information is processed and the purposes for which such processing is undertaken by Pulse Motivation UK Ltd (“Pulse Motivation“, “our“, “we” or “us“).

2           TERMS OF USE

2.1                These Terms apply to the individual user of our Website and our Assessment tools (“you” or “Participant” or “data subject”) and to your use of our Website and Assessment tools and are a binding legal agreement between you and us.

2.2                Please read these Terms carefully and pay special attention to the clauses that are in bold, as they may exclude or limit our liability (responsibility) to you.

2.3                When you register for the Assessment tools, you are accepting the Terms. This means that you agree to the Terms and warrant (promise) that:

2.3.1                  your personal details provided in the Assessment are true and correct at the date when you completed the Assessment;

2.3.2                   you are at least 18 years old; and

2.3.3                  you can enter into a legally binding agreement.

2.4               These Terms take effect (begin) when you register on the Website for the Assessment tools.

2.5               IMPORTANT: The clauses printed in bold or whose headings are printed in capital letters relate to issues which may pose some risk for you or which may limit our liability or which you may not ordinarily expect. Please pay special attention to these clauses. By entering into these Terms you, in addition to accepting all the Terms, also specifically signify that you understand those said clauses and accept them.

3           CHANGES TO THESE TERMS

3.1             We may change these Terms and will let you know about such changes through the Website.

3.2             The latest version of these Terms applies to you each time you use the Website and Assessment tools. By continuing to use the Website and Assessment tools, you agree to these updated Terms.

4           PROHIBITED CONDUCT:

    By using the Website and Assessment tools you agree not to:

4.1                 submit to us information that is false, inaccurate, fabricated, counterfeited, tampered with, adjusted, or otherwise artificial or inauthentic for the purpose of falsifying the Assessment;

4.2                extract information from the Website and Assessment tools for the purpose of using said information in conjunction with another service, web or mobile application;

4.3                rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials (visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the service provided by Pulse Motivation on the Website and Assessment tools.

4.4               post, upload, or distribute any defamatory, libellous, or inaccurate user content or other content;

4.5                post, upload, or distribute any user content or other content that is unlawful or that a reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

4.6                make false or misleading claims about Pulse Motivation, the Website and Assessment tools, the Assessment operated by us, referral program or any other program created or operated by us;

4.7                impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the user accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Website and Assessment tools, or perform any other similar fraudulent activity;

4.8                delete the copyright or other proprietary rights on the Website or the Assessment tools;

4.9                make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Website and Assessment tools. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

4.10             use the Website and Assessment tools for any illegal purpose, or in violation of any law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy, or the collection, storage, transmission, or access of information;

4.11             defame, harass, abuse, threaten or defraud users of the Website and Assessment tools, employees, personnel and others who work with or for Pulse Motivation, or collect, or attempt to collect, personal information about users or third parties without their consent,

4.12            use the Website and Assessment tools for any commercial purpose other than your own purpose;

4.13             remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website and Assessment tools, features that prevent or restrict use or copying of any content accessible through the Website and Assessment tools, or features that enforce limitations on the use of the Website and Assessment tools;

4.14             reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website and Assessment tools or any part thereof;

4.15             modify, adapt, translate or create derivative works based upon the Website and Assessment tools or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or

4.16             intentionally interfere with or damage operation of the Website and Assessment tools or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

5           KEEPING YOUR DETAILS SAFE

5.1               After you have successfully registered and been approved by us for the Website and Assessment tools, we may assume that any activity that we receive from you through the Website and Assessment tools is genuine and that it comes from you.

Even if someone else, pretending to be you, used your login details through the Website and Assessment tools, we may carry it out as if the activity was made by you.

If your password/user log-in details are lost or stolen and you let us know in time, we will suspend access to the Website and Assessment tools until you have verified your identity to our reasonable satisfaction and you have created a new password/log-in details

5.2               We are not responsible for any loss you may suffer, and you waive (give up) any claim you may have against us if you:

5.2.1                  did not update your profile details on the Website and Assessment tools;

5.2.2                  did not keep your password/log-in details safe and your profile as a result was used by someone else, either with or without your knowledge; or

5.2.3                  did not let us know in time that your password/log-in details were lost and/or stolen and/or obtained by someone other than you.

6           OUR INTELLECTUAL PROPERTY

6.1               We or our third-party licensors (where applicable) own the intellectual-property rights in and to the Website and Assessment tools (including any updates to it).

6.2               We give you the right to use the Website and Assessment tools subject to these Terms and any other terms or conditions that may apply to you. We can take away your right to use the Website and Assessment tools at any time.

6.3               You are not allowed to transfer your right to use the Website and Assessment tools to any other person.

6.4               You must not in any manner exploit the Website and Assessment tools or any intellectual property in it for commercial gain of any kind.

6.5               You must not copy, adapt, modify, alter, de-compile, reverse-engineer, attempt to derive the source code of, create derivative works of, or otherwise attempt to reproduce the Website and Assessment tools, the intellectual property in it, its content, its design, any updates to it or any proprietary features in or to it. This prohibition applies to any content belonging to third parties that is found on the Website and Assessment tools.

6.6               You must not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise, or any other reference to the Website and Assessment tools.

6.7               We are not responsible for any loss you may suffer, and you waive (give up) any claim you may have against us relating to your unauthorised use of the Website and Assessment tools or any intellectual-property rights in it.

PRIVACY POLICY

7           PROTECTION OF PERSONAL DATA

7.1               Pulse Motivation UK Ltd is based in London, United Kingdom; and is covered by data protection legislation which refers to the UK Data Protection Act 1998; the EU General Data Protection Regulation (‘GDPR’) and any successor legislation relating to the Processing of Personal Data and privacy.

7.2               The person with responsibility for Pulse Motivation’s data protection compliance is the Data Privacy Manager and they can be contacted via email at: info@pulsemotivation.designshowcase.co.za.

7.3               We will act in respect of Personal Data to comply with the six principles of the GDPR, which are:

7.3.1                   Lawfulness, fairness and transparency;

7.3.2                  Purpose limitation;

7.3.3                  Data minimisation;

7.3.4                  Accuracy;

7.3.5                  Storage limitation;

7.3.6                  Integrity and confidentiality.

7.3.6.1                    We are the Data Processor of the Personal Data supplied to us by our clients as part of the Pulse Motivation Assessment, who remain the Data Controller in respect of their Personal Data. We are therefore responsible for making sure that our systems, processes and people comply with the relevant data protection laws as a Data Processor of that Personal Data.

7.3.6.2                    By partaking in our Assessment or accessing our platform, website, or using our Services, you are accepting and consenting to the practices described in this policy.

8           SCOPE

8.1               This Privacy Policy explains how we collect and process personal information when we provide our tools and reporting services (“Services“). The sale and provision of such Services are governed by our Standard Terms and Conditions.

8.2               We collect personal information about:

8.2.1                  clients that purchase our Services (or the key contacts that work for our clients) (“Clients“); and

8.2.2                  individuals that provide responses (“Participate”) in any of the Assessment tools at the request of a Client

8.3               This Privacy Policy applies to you, as an individual about whom we process personal information in the course of providing our Services.

9            THE PERSONAL INFORMATION WE PROCESS

9.1               You may give us information about you by filling in forms on our Website, by corresponding with us by phone, email or otherwise, or through our Pulse Motivation platform when you are invited by us or your employer to complete the Assessment.

9.2               You may provide personal information to us when you log an inquiry on our Website, use and complete Pulse Motivation Assessment tools, , subscribe to our information services, , ask to do a demo, post in discussion boards, enter a competition, promotion or survey, when you report a problem with our Website or our Assessment tools or otherwise communicate with us.

10         INFORMATION WE COLLECT FROM PARTICIPANTS WHEN PARTICIPATING IN AN ASSESSMENT

10.1            When entering into an agreement with Pulse Motivation, your employer or service provider may provide personal information about Participants that have been nominated to undertake an Assessment. This information may include the Participant’s name, employee number, email address and other contact details. Participants may also provide this information directly to us.

10.2            Participants may take part in Assessments through our Website, or the Pulse Motivation platform.

10.3            When Participating in an Assessment, we will ask the Participant to provide responses that may constitute personal information. We categorise such personal information as follows:

10.3.1               Identification Data” which means information such as your name, email address, title, business unit you are part of and department, and other contact details.

You must provide Identification Data as this is required in order for us to administer the Assessment, provide the results to the Client who requested that the Assessment is made available to you for completion, and for the purposes set out in the section entitled “For what purposes do we process information about you?

10.3.2               Assessment Data” which means your responses in Assessments; this may include, or may allow us to deduce, information such as:

10.3.2.1.1                    Rating perceptions of yourself;

10.3.2.1.2                    Rating your perceptions of others including your manager, colleagues and subordinates;

10.3.2.1.3                    Providing qualitative feedback to people you work with;

10.3.2.1.4                    Insights into behaviours in the workplace;

10.3.2.1.5                    Insights into values in the workplace

You will be required to provide a response to some (if not all) of the questions within the Assessments. If you do not provide a response to certain questions within the Assessment, you may not be able to proceed to the next section or complete the assessment.

10.3.3               Demographic Data” which means responses to questions about you and which will include information such as:

10.3.3.1                  your gender;

10.3.3.2                  your age;

10.3.3.3                  the industry you form part of;

10.3.3.4                  your country and region related to your working location;

10.3.3.5                  office (remote, hybrid, office based);

10.3.3.6                  level of position;

10.3.3.7                  title of position;

10.3.3.8                  length of service within the organisation

10.4            Clauses 10.3.3.1 and 10.3.3.2 refer to Demographic Data that is disclosed at your election (“Optional Demographic Data”). You do not need to provide Optional Demographic Data to us. This information is entirely voluntary but assists us in providing deeper insights at a business level on motivator trends.

11         SPECIAL CATEGORIES OF PERSONAL DATA

11.1             Optional Demographic Data is not included in the Assessment criteria and serves solely as a tool for clients to filter results at a team and organisation-wide level. Our confidentiality promise ensures that no individual can be identified through this data.  Demographic Data may also be used by Pulse Motivation for research purposes in order to monitor our tests and questionnaires for fairness and to maintain a high standard of Assessment.

11.2            In the event  an Assessment asks you to provide special category data, we will ask for your explicit consent to collect and process such information. Your ability to complete an Assessment will not be affected by your choice not to provide such data, nor will this choice affect your Assessment outcomes.

11.3            Any Demographic Data that we collect will be processed in accordance with this Privacy Policy and applicable data protection laws, and we shall ensure that it is treated securely.

11.4            From time to time, Participants may volunteer additional personal information about themselves to us, which may include special categories of personal data. For example, Participants may inform us about a health issue or disability which may impact the way in which they undertake the Assessment. We will obtain explicit consent before further processing any special categories of personal data that a Participant provides. With your consent, this information will be communicated to the Client requesting the Assessment whose responsibility it is to take any decisions regarding the impact on the Assessment process as a result of the information. Please note that without such consent, we may not be able to address the needs of individual Participants.

12          FOR WHAT PURPOSES DO WE PROCESS PERSONAL INFORMATION ABOUT YOU?

12.1            We are committed to keeping your personal information confidential and secure. The way in which we use your personal information will depend upon whether you are a Client or a Participant.

13          PERSONAL INFORMATION ABOUT PARTICIPANTS WHEN PARTICIPATING IN AN ASSESSMENT

13.1            We process Identification Data, Assessment Data and Demographic Data provided in relation to your Participation in Assessments for the purpose of providing Services to our Clients. This may include processing this data in order to:

13.1.1               identify your Assessment and responses;

13.1.2               produce Assessment reports for our Client who has made this Assessment available to you.

13.2            Where we ask for Demographic Data  (including special category data) we may process this for research purposes. We research responses to our Assessments in the light of areas such as gender and age over the longer term; this is considered best practice and allows us to monitor our Assessments for fairness in use.

13.3            If you complete the Assessment in a jurisdiction that prohibits completion of any areas of Demographic Data, you should not complete those details to the extent such law prohibits doing so.

13.4            We may also process your personal information for the purposes of using and refining Assessment tools, analysis, accounting, billing and audit, credit or other payment card verification, security, administration, enforcing and defending legal rights, systems testing, maintenance and product development, customer relations, performing our obligations to Participants and Clients whether under contract or otherwise, and to help us in future dealings with you.

13.5            We may also provide a copy of the Assessment Data to our Clients for use by them for their own internal human resource management purposes.

13.6            Clients are entitled to use the personal information that we provide to them as part of our Services for their own purposes; however, such Clients are obliged to process such personal information in accordance with their own obligations under applicable data protection laws. You will have rights with respect to the manner in which our Clients process such personal information provided by us to them.

14         PROFILING

14.1            Our Assessments are conducted, in part, on the basis of profiling, which means that we process your personal information using software that is able to process your responses to questions and provide insights and perceptions of your own behaviours or those of people that you work with.

14.2            If you are a Participant, you should note that it is our Clients that make decisions on the basis of our Assessments. If you have any questions about how Assessment results will be used in their decision making process, you should ask the Client (i.e. your employer or potential employer) for further information.

14.3            If you are a Client, it is your responsibility to ensure that your decision making process, including how you interpret the Assessment results, complies with applicable laws.

15         LEGAL BASES FOR PROCESSING YOUR PERSONAL INFORMATION

15.1            We must have a legal basis to process your personal information. In most cases, the legal basis will be one of the following:

15.1.1               to fulfil our contractual obligations to Clients; for example, to conduct the Assessments, to deliver Assessment results and to ensure that invoices are paid correctly;

15.1.2               to comply with our legal obligations;

15.1.3               to meet our legitimate interests; for example, to provide the Services, to conduct analysis that help us to improve our Services, to ensure that any complaints or concerns can be promptly dealt with, and to ensure our records are kept up to date and accurate; and

15.1.4               Your consent, when we process any special categories of personal data about you. You have the right to withdraw your consent at any time by contacting us using the contact details below.

15.2            We shall not provide any vulnerable adult, or person under the age of 16 with access to the Services, unless otherwise permitted by applicable law. Please contact us directly for further information.

16         MARKETING

16.1            We do not send marketing communications to Participants who are only registered as Participants; however, we may contact you if you have provided us with your contact details and are a Client or prospective Client of our Services.

16.2            For users who are not only registered as a Participant, we use cookies for advertising purposes as described in our Cookie Policy.

16.3            If you do not wish to receive any marketing communications we may send to you from time to time, please let us know at any time by emailing us at info@pulsemotivation.designshowcase.co.za.

17         TO WHOM MAY WE DISCLOSE INFORMATION ABOUT YOU?

17.1            Information about Participants will be disclosed to our Clients in the context of the provision of Services to them in connection with the Assessment(s) undertaken. Individual responses may be disclosed to Clients, and an overall Assessment report will be provided to Clients, containing an overall Assessment score, insights into strengths and development areas and additional comments about the Participants.

17.2            We may also pass anonymised and/or statistically aggregated data to our approved agents as described above, and to current or future potential Clients or research institutions. Because this information cannot identify you as an individual, it does not constitute personal information.

17.3            We may disclose your personal information to third parties:

17.3.1               In the event that we sell any part of our business or assets of our business, in which case we may disclose your personal data to the prospective buyer of the business or assets. We may also disclose your personal data to a vendor of another business or assets that we are acquiring or to a joint venture or merger partner.

17.3.2               If our assets are acquired by a third party, personal information held about our Clients and Participants will be one of the transferred assets.

17.3.3               If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Website Terms of Use, the Client Subscription Agreement, these standard Participant Terms and Conditions. and any other agreements; or to protect our rights, property, or safety or those of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

18         INTERNATIONAL DATA TRANSFERS

18.1            We may from time to time appoint third parties to process data containing information about you on our behalf as a data processor, or store such information in, or transfer it to persons located in countries outside of the United Kingdom, including the republic of South Africa. These countries may not have data protection laws equivalent to those which are in force in the United Kingdom to protect your information. Where we transfer your information to such third party data processors and/or third parties, we shall ensure that they provide sufficient guarantees in respect of the technical and organisational security measures (via International Data Transfer Agreements), and take reasonable steps to ensure their compliance with those measures in order to ensure your information is adequately protected in accordance with applicable data protection laws. For more information on the appropriate safeguards in place, please contact us at the details below.

19         ELECTRONIC COMMUNICATIONS, WEBSITE USAGE AND COOKIES

19.1            A cookie is a small information file that is sent to your computer and is stored on your hard drive. Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a better user experience when you use our Website. For detailed information on the cookies we use and the purposes for which we use them please see our Cookie Policy.

19.2            The transmission of information via the internet either by or to us can never be completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to or from us via our Website or by email. If you use electronic means in order to transfer personal information to us, any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

20         HOW DO WE PROTECT INFORMATION ABOUT YOU?

20.1            When deciding how long to keep your personal information after our relationship with you has ended, we take into account our legal obligations and regulators’ expectations. We may also retain records to investigate or defend potential legal claims.

21         FOR HOW LONG DO WE KEEP INFORMATION ABOUT YOU?

21.1            We retain Participants’ personal information (including assessment information) for a period of 24 months, after which time we may anonymise the data and use it for research purposes. We will also anonymise data at the request of the Client or the Participant. If the Participant requests their data to be anonymised, we will first inform the Client who requested the Assessment be made available to the Participant.

21.2            We retain Clients’ personal information for as long as we maintain a relationship with Clients, and then for a reasonable period of time that allows us to assist with any queries, requests or complaints regarding the Assessments and/or the Services, to commence or defend legal claims, and to comply with our regulatory obligations (including record retention obligations).

22         YOUR RIGHTS IN RELATION TO INFORMATION ABOUT YOU

22.1            You are entitled to see the personal information that we hold about you. You may ask us to make any necessary changes to ensure that personal information about you is accurate and kept up to date. You will not have the right to make changes to the Assessment Data, however, as this would undermine the accuracy and value of the Assessment reports.

22.2            If you would like:

22.2.1               any further information about the personal information that we collect, the purposes for which we collect it and how we protect it;

22.2.2               a copy of the information we hold about you;

22.2.3               to verify information we hold about you;

22.2.4               to anonymise your personal information;

22.2.5               to object to our use of your personal information;

22.2.6               to restrict our use of your personal information; or

22.2.7               to receive your personal information in a usable electronic format and transmit it to a third party (right to data portability),

then please email us at info@pulsemotivation.designshowcase.co.za. Please note that we will likely require additional information from you in order to honour your requests. We hope that we will be able to satisfactorily deal with any issues you contact us about.

22.3            Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

23         CHANGES TO OUR PRIVACY POLICY

23.1            We may update this Privacy Policy from time to time. The updated Privacy Policy will be published on our Website and, where appropriate, notified to you by email. You should refer to the Privacy Policy from time to time in order to keep yourself up to date with regard to the way we process your personal information.

24         CONTACT INFORMATION

24.1            If you wish to contact us, please send an email to info@pulsemotivation.designshowcase.co.za.

WE DO NOT SELL YOUR PERSONAL INFORMATION.

The English language version was last updated: 18 May 2023.

© 2023 Pulse Motivation UK Ltd. All rights reserved