WERKIN TERMS OF USE – EFFECTIVE 25 MAY 2018

This Terms of Use Policy (the “Policy”) sets out the rules governing the use of our “Products and Services” available via WERKIN websites and apps (the “Platform”) and any content that you may submit to the Platform (“Content”).

To become a WERKIN user, You must read and accept all the terms of this Policy.

If You do not agree to be bound by this Policy, You are prohibited from accessing or using some WERKIN Products and Services, including this app. We reserve the right to modify this Policy at any time, without notice, by posting amended terms on our website and apps. Your continued use of our Products and Services indicates Your agreement to be bound by any such amended Policy.

This Policy applies to all users of any current or future WERKIN Products and Services, including, but not limited to sponsors, sparks, mentees, mentors, alumni participants, cross-company participants, internal consulting participants, and programme, community or admin managers.

A person using the WERKIN Platform must be a natural person at least 18 years of age, or have valid authorisation from his/her legal representative or custodian. Our Products and Services are not available to any users whose accounts are suspended or terminated by WERKIN. Users are prohibited from having more than one account and are prohibited from selling, trading, or otherwise transferring or sharing their WERKIN account to or with any other person. If You do not qualify, You are not allowed to use our Products and Services.

We may make available software to access WERKIN Products and Services via a mobile device. To use the Mobile Software You must have a mobile device that is compatible with the Mobile Software. WERKIN does not warrant that the Mobile Software will be compatible with Your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from Your provider. You agree that You (or the Account Holder) are solely responsible any such charges.

You acknowledge that WERKIN may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Policy will apply to all such upgrades.

You agree that You will use Your account and all other WERKIN Products and Services at Your own risk. We will not be liable for any loss or damage of any nature whatsoever that You may incur in connection with any use of Your account or of any of our Products or Services.

You agree that we may, at any time, with or without cause, and without notice, suspend or terminate Your account and / or access to any or all Products and Services. Without limiting the foregoing, the following may, at our discretion, lead to a termination of Your use of our Products and Services: (a) breach of this Policy or any other agreement, policy, rule, or guideline, (b) request by law enforcement or other government agency, (c) technical issues or problems, or (d) extended periods of inactivity. Furthermore, You agree that any suspension or termination, partial or full, shall be made in our sole discretion and that we shall not be liable to You nor to any third-party for any suspension or termination of Your account or access to our Products and Services.

You agree not to use our Products and Services directly or indirectly to:

  • Post any content, upload, make any email or other communication, or otherwise transmit or make available anything that is illegal, unlawful, libelous, defamatory, abusive, obscene, discriminatory, or otherwise objectionable.

  • Use our Products and Services for any purpose or in any manner that violates any law, rule, or regulation.

  • Misrepresent Your identity, or any facts about Yourself or Your background, or any facts about any other person, entity, or event, including but not limited to the use of a pseudonym, or misrepresenting Your current or previous positions and qualifications, or misrepresenting Your affiliations with any person or entity, past or present.

  • Post any content, upload, make any email or other communication, or otherwise transmit or make available anything that You do not have the right to disclose, including anything You are prohibited from disclosing under any law, contract, or fiduciary relationship (such as insider information, or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement).

  • Post any content, upload, make any email or other communication, or otherwise transmit or make available anything that violates the rights of any person or entity, including without limitation anything that infringes upon any patent, trademark, trade secret, copyright or any other proprietary or intellectual property right.

  • Post any content, upload, make any email or other communication, or otherwise transmit or make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, advertising, marketing, or promotion.

  • Post any content, upload, make any email or other communication, or otherwise transmit or make available anything that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

  • Stalk or harass anyone.

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin or destination of any communication.

  • Post content in fields that aren’t intended for that content.

  • Interfere with or disrupt any Products or Services or servers or networks connected to our Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Products and Services.

  • You shall not do any of the following: (i) copy or reproduce, whether in paper or electronic or other media, any WERKIN Products and Services (or any part of them); (ii) modify any WERKIN Products and Services or materials except for the data fields or prompts designed for input of data; (iii) create any derivative works of any WERKIN Products and Services or materials; (iv) sell, lease, or sublicense any WERKIN Products and Services or materials, (v) make any WERKIN Products and Services or materials publicly available through a website or other means; (vi) display or allow access to or use of any WERKIN Products and Services or materials by persons or at facilities other than as authorized under an Agreement with WERKIN; (vii) use any WERKIN Products and Services or materials in a way that would violate a law or regulation or that would be contrary to its intended use; (viii) decompile disassemble, reverse engineer, modify or enhance any WERKIN Products and Services or materials; or (ix) refer to or otherwise use any WERKIN Products and Services or materials as part of any effort to develop a programme having any functional attributes, visual expressions or other features similar to those of any WERKIN Products and Services or materials.

  • Any commercial or promotional distribution, publishing or exploitation of WERKIN Products and Services is strictly prohibited unless You have received the express prior written permission from the WERKIN or the otherwise applicable rights holder. WERKIN reserve all rights to WERKIN Products and Services not expressly granted in the Terms.

Participation in WERKIN communities including actions and messaging

We want to remind community members that anything shared on the Internet may be used by others in unintended ways. We urge You to exercise good judgment when posting messages or content in group forums including actions and messaging.

In addition to all other terms of this Policy, You also agree that the following additional terms shall apply if You join, participate in, or view any of the WERKIN communities including but not limited to messaging, missions and collaborations.

You agree to: (i) maintain the confidentiality of other community members by not discussing personal or group matters in “off-line” conversations or other communications; (ii) not to share any information with non-group members without the permission of the person posting the information; (iii) recognize and respect the diversity represented among participants; (iv) not engage in personal attacks, flames, or profanity, nor make offensive comments or judgments; disagreement is permissible and sometimes necessary, but attacks are unacceptable; (v) not post comments that could be construed as sexist, racist, homophobic, intolerant, or demeaning by any individual based on gender, age, disability, politics, religion, or sexual orientation; and (vi) not proselytize spiritual or religious beliefs or promote political candidates or causes.

Under no circumstances will we be liable in any way for any content, including, but not limited to, errors or omissions in content, or loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on WERKIN Products and Services.

Customer Data

If You add “Customer Data” including user profile information, messages and other data to WERKIN Products and Services, such Customer Data and any kind of processing of such Customer Data must be in compliance with the Policy, best practices provided by WERKIN and applicable law.

WERKIN does not makes any representations that it will publish or make any Customer Data available on or through our Products and Services, and reserves the right (but has no obligation), in its sole discretion, to refuse to allow any Customer Data, or to edit or remove any Customer Data at any time with or without notice.

In the course of using any Products and Services, users may provide Client Data about themselves that may be visible to certain other users (see section on Privacy to learn more about information collected via WERKIN websites or apps). You understand that when using WERKIN Products and Services, You may be exposed to other user’s Client Data from a variety of sources and that neither WERKIN endorses, nor is responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Client Data. You understand that WERKIN cannot, and does not, review all Client Data and do not endorse any Client Data. You further understand and acknowledge that You may be exposed to other user’s Client Data that is inaccurate, misleading, offensive, indecent, or objectionable. You understand that we cannot guarantee the identity of any other users with whom You may interact in the course of using any of our Products and Services, nor can it guarantee anything else relating to any such persons. Additionally, we cannot guarantee the authenticity or anything else about any information that users may provide. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against WERKIN with respect thereto.

Tracking and Analysis

You understand that Your direct conversations with Your mentoring partner, connections and peers or a WERKIN staff member will remain private. However, the progress and outcomes of actions including any reviews, ratings, points, rewards, badges, recognition, feedback and information regarding Your participation may be shared with Your organisation. In addition, data regarding Your satisfaction and involvement with any WERKIN Products and Services may also be shared with Your organisation.

We may track and analyze Your use of WERKIN Products and Services for the purpose of helping Us improve both Our Products and Services and Your experience in using WERKIN Products and Services. We may disclose such data about Your use of WERKIN Products and Services (“Usage Statistics”) to third parties for the purpose of assisting Us in such tracking and analysis, or as required by law; We will not disclose such Usage Statistics to third parties for any other purpose. Except when required by law, in disclosing Usage Statistics to a third party, We will make such Usage Statistics anonymous so as to not disclose Your identity to such third party.

Monitoring and enforcement

While we reserve the right to monitor activity and content associated with any of our Products and Services as well as remove any post, message or any other content from any community at our complete discretion; we are not obligated to do so. We are not responsible for anything relating to any inaccuracy, lack of integrity or quality, or anything else regarding any information provided by any user. You can contact us at any time to let us know of content that You find objectionable.

Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website. Use of any of our Products and Services will be at the risk of the user.

Privacy

We care about the privacy of our Users. You understand that by using WERKIN Products and Services You consent to the collection, use and disclosure of Your personally identifiable information and aggregate data as set forth below.

Information We Collect

When you interact with us through the Platform, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide when interacting with our Platform: We collect Personal Data from you when you voluntarily provide such information such as when you register for access to the Services, use certain Services, contact us with inquiries or respond to one of our surveys.

For example, we collect contact information, location information, payment information, and other information that you provide to us.  Wherever WERKIN collects Personal Data we make an effort to provide a link to this Policy. By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Policy. If you provide Personal Data, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of WERKIN and authorized third parties.

Non-Identifiable or Aggregated Data: When you interact with WERKIN through the Platform, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you.

WERKIN may store such information itself or such information may be included in databases owned and maintained by WERKIN affiliates, agents or service providers.

Our websites and Apps may use such information and pool it with other information to track, for example, the total number of visitors or users, the number of visitors to each page or screen, the domain names of our visitors' Internet service providers, and how our users use and interact with the WERKIN Platform.  

Also, in an ongoing effort to better understand and serve the users of our Products and Services, WERKIN often conducts research on its customer demographics, interests and behaviour based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. WERKIN may share this non-identifiable and aggregate data with its affiliates, agents and business partners, and this type of non-identifiable and aggregate information does not identify you personally. WERKIN may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) to provide your access to the Platform, complete your transactions, and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip / postcode with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other WERKIN Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Platform and Products and Service are used.

Location

Using a combination of cell towers and wifi signal, WERKIN allows you to broadcast your approximate location, and see other’s approximate location, within a 1 mile radius. Location information is used for the express purpose to encourage users in the same collective to meet up. You can turn this feature off at any time in the app settings.

Cookies

In operating our websites, we may also use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they will allow you to take advantage of some of the Site’s features.

Our Use of Your Personal Data and Other Information

WERKIN uses the Personal Data you provide in a manner that is consistent with this Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Platform, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. WERKIN and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the Site or Products and Services to help us improve the content and functionality of the Platform, to better understand our users and to improve the Products and Services. WERKIN and its Related Companies may use this information to contact you in the future to tell you about services we believe will be of interest to you.

If WERKIN intends on using any Personal Data in any manner that is not consistent with this Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Information

WERKIN is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.  

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Policy.

Agents, Consultants and Related Third Parties: WERKIN, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: WERKIN may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of WERKIN, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

Your Choices

You can use parts of the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Products and Services.

Transfer of data abroad

Your personally identifiable information is collected, used, transferred to, processed and stored on servers located and operated in Ireland and Western Europe. Therefore, if you reside outside of these countries, in order to provide the services to you, we may send and store your Personal Data outside of the country where you reside or are located, to Ireland and Western Europe.

This data may also be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the provision of CRM services, marketing campaigns, and support services on our behalf.

Our collection and use of your personal information is subject to EU laws related to privacy and use of Personal Data and information.  These laws, including what is determined to be “Personal Data and/or information,” are different and may be less protective than those applicable to you in your country of residence.

By accepting the terms of this Policy you acknowledge, agree and consent to (1) the transfer to, storage and processing of personal information on servers located outside of the country where you reside, (2) our collection and use of your personal information as described herein and in accordance with the laws of the EU that may be different and may be less protective than those in your country and (3) that you are taking a risk by using the Site and Products and Services.

We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Policy. All information you provide to us is stored manually in our databases or electronically on our secure servers. Any payment transactions will be encrypted.

Where we have given you (or where you have chosen) a password, which enables you to access certain parts of our Site or Apps, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to our Site or Products and Services; any 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.

Exclusions

This Policy does not apply to any Personal Data collected by WERKIN other than Personal Data collected through the Platform. This Policy shall not apply to any unsolicited information you provide to WERKIN. This includes, but is not limited to, information posted to any public areas of the Site or Products and Services, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and WERKIN shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Other third party Websites and Services

The WERKIN Site or Products and Services may contain links to other websites or services not operated or controlled by WERKIN (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that WERKIN endorses or has reviewed the Third Party Sites or content. We suggest contacting those sites or Merchants directly for information on their privacy policies.

Mobile applications

Without limiting the generality of this Policy, in addition to information gathered through the Platform or submitted to its Products and Services, WERKIN may obtain information through applications (“Mobile Applications”) that Users download, and run on, their mobile devices (“Devices”).

Mobile Applications provided by WERKIN may obtain information from, or access data stored on, Users’ Devices to provide services related to the relevant Mobile Application. For example, a Mobile Application may: access a camera on a User’s Device to enable the User to upload photographs to the Products and Services; access the call history on a User’s Device to enable the User to upload that information to the Services; access calendar information on a User’s Device to enable the User to match meeting attendees with contacts submitted by the User to the Services; access the geographic location of a User’s Device to enable the User to identify contacts submitted by the User to the Services who are nearby; or access contact information on a User’s Device to enable the User to sync contact information between the information that is stored on the User’s Device and the information that is submitted to the Services. Information obtained to provide Mobile Application services may include information obtained in preparation for anticipated updates to those services. Mobile Applications may transmit information to and from Devices to provide the Mobile Application services.

Mobile Applications may provide WERKIN with information related to Users’ use of the Mobile Application services, information regarding Users’ computer systems, and information regarding Users’ interaction with Mobile Applications, which WERKIN may use to provide and improve the Mobile Application services. For example, all actions taken in a Mobile Application may be logged, along with associated information (such as the time of day when each action was taken). WERKIN may also share anonymous data about these actions with third party providers of analytics services. In addition, if a User downloads a WERKIN Mobile Application after clicking on a third-party mobile advertisement for the Mobile Application or for WERKIN, the third-part advertiser may provide WERKIN with certain information, such as the User’s Device identification information, which WERKIN may use to track the performance of its advertising campaigns.

Customers (entities who have purchased WERKIN Products and Services) may configure WERKIN Mobile Application services, and the information accessed or obtained by the Mobile Application on a User’s Device may be affected by the Customer’s configuration. In addition, if a Customer purchases more than one Service from WERKIN and its affiliates, a Mobile Application may be designed to interoperate with those Services; for instance, to provide a User with access to information from any or all of those Services or to provide information from a User’s Device to any or all of those Services. Information accessed or obtained by the Mobile Application on a User’s Device may be accessible to the Customer and its organization, depending on the intended functionality of the Mobile Application.

For the purposes of the Data Protection Act 1998 (Act), the data controller is ThisisSMITH Limited, of Derwent House 69-73 Theobalds Road, London, WC1X 8TA.

Disclosure

You agree that we may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Policy, or protect the rights, property, or safety of WERKIN, its users, or the public.

Changes to the Terms of Use

The Site, Products and Services and our business may change from time to time. As a result, at times it may be necessary for WERKIN to make changes to the Terms of Use. WERKIN reserves the right to update or modify this Policy at any time and from time to time without prior notice. Please review this Policy periodically, and especially before you provide any Personal Data. This Policy was last updated on the date indicated. Your continued use of the Services after any changes or revisions to this Policy shall indicate your agreement with the terms of such revised Policy.

Your rights

You have certain rights with how your Personal Data is processed which are described below. In some circumstances, we may not be able to fully comply with your requests, or we may ask you to provide us with additional information in connection with your request, which may be Personal Data, for example, if we need to verify your identity or the nature of your request. In such situations, however, we will still respond to let you know of our decision.

  • Right to be informed - You have the right to know how your data is being processed.

  • Right of Access - You have the right to access and request copies of your data that’s being collected.

  • Right of Rectification - You have the right to modify or update your personal data if incorrect data is being used.

  • Right to Erasure - You have the right to delete any personal data that has been collected.

  • Right to Restriction - You have the right to prevent a company from processing certain types of personal data.

  • Right to Data Portability - You have the right to access your personal data and transfer it between controllers.

  • Right to Object - You have the right to withdraw consent to the processing of your data for public interest, marketing or research.

  • Right to Reject Automated Decisions - You have the right to object to your data being processed by automatic systems.

To make any of requests described above, contact us anytime at support[at]getWERKIN[dot]com.

Contacting WERKIN

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Platform or Products and Services. Please also feel free to contact us if you have any questions about WERKIN’s Policy or the information practices of our Platform or Products and Services. You may contact us anytime at support[at]getWERKIN[dot]com.

The updated Terms of Use is effective from 25 May 2018.