use your email address to create and validate your account;
send you and send your messages with feedback, compliments and feedback requests;
only collect information for the purpose of processing your personal data;
send push notifications or alerts when new messages (eg feedback) are available for you;
protect and backup your information with the highest degree of care;
create your Personal Reports and disclose these only to you;
enable you yourself to lock or unlock (parts of) your profile for others except if your Employer decided to disable this functionality to keep all Employer’s users’ data locked;
aggregate, depersonalized data to create data analytics to monitor aggregated usage and aggregated results.
WE DO NOT…
share your data with 3rd parties, except when required by law, or with your explicit permission;
provide our service to people under 16 years of age.
TERMS OF SERVICE
ARTICLE 1. ABOUT WORDING IN THESE TERMS
1.1 Definitions of capitalized terms can be found at the very end of this document to save you some reading now.
ARTICLE 2. WHAT ARE THESE TERMS ABOUT?
ARTICLE 3. CREATING YOUR ACCOUNT
3.1 To use this application you need to create an Account. When we register your Account we do not check whether the name you have provided is your real name. By registering, you warrant you have registered under your own name and you explicitly agree and acknowledge to be fully responsible, and liable, for any damages, claims or any other consequences of registering under a name other than your own. 3.2 Once we have set up your Account, you can access it with your Login Details and enjoy gaining insights and building your reputation.
3.3 When your Employer has put a limit on the number of employees to gain access to this Application, you will be added to a waiting list and your Employer will be informed accordingly. Your Employer will subsequently decide to allow access. Meanwhile, your Account is alread created in advance.
ARTICLE 4. CONFIRMATION AND ARCHIVING
4.1 We will send you a notice by email, with (i) a confirmation that we have created your Account, and (ii) the details of your Account as stored by us, and (iii) a link to activate your Account.
4.2. When you are leaving your Employer, you can still take your personal data with you, via a basic personal account. You might only lose some functionality because Enterprise accounts have some extra features that a basic account does not. Any new Employer may again enable you to join the Enterprise Account and give you access this way again to the full Enterprise version.
ARTICLE 5. HOW LONG DOES OUR AGREEMENT LAST?
5.1 Unless otherwise stated in the Agreement, the Agreement is concluded for an indefinite period. This really matches the way we believe it should be: personal growth doesn’t end!
ARTICLE 6. NO COOLING OFF PERIOD
6.1 By accepting these Terms of Service and registering your Account, you give us your explicit consent that the Katch service will begin immediately after conclusion of the Agreement.
7.1 You agree to use Katch with respect for other people and in accordance with all legal obligations. We reserve the right to implement security measures we deem necessary to protect our Users and our interests.
ARTICLE 8. NEEDING HELP?
8.1 You can report disruptions and ask questions as we indicate on the Website. We make every effort to respond properly and within a reasonable term. With your Employer, we have concluded and offer a required level of customer support. 8.2 We provide information regarding the use of Katch, check in the settings of Katch ‘How Katch Works’ and on the Website www.MyKatch.com. By looking there first, you might be able to get your answer quickly.
ARTICLE 9. UPDATES FOR YOU
9.1 We may modify the Katch software for the purposes of improvements or additions to the functionality and for the rectification of errors. This may be done without prior notice to you, except for native smartphone versions of Katch that require your consent before downloading an update. Because Katch is offered to multiple Users, it is not possible to omit a modification for a single User, yet, please send us any feedback to improve the usability of your application. We are not liable for compensation for any direct or indirect damage incurred as a result of the modification of Katch.
ARTICLE 10. AUTHORIZED ACCESS
10.1 Katch may only be used by authorized Users, on provision of the Login details. You agree and understand that you are responsible for maintaining the confidentiality of your Login Details. 10.2 We assume that somebody logging onto Katch using the Login Details actually is the User. After access has been obtained to Katch through User’s Login details, the User bears the full responsibility and risk for all subsequent activities undertaken using Katch. 10.3 In the event of any misuse or suspicion of misuse of the Login details, the User must notify us immediately. 10.4 If we come to know that a User’s login details have been divulged to unauthorized third parties, we will notify the User and take suitable action.
ARTICLE 11. YOUR PRIVACY
11.1 We process personal details solely in accordance with our privacy statement. In addition to the summary Privacy Statement Provided at the beginning of this document.
ARTICLE 12. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
12.1 WE PROVIDE KATCH AND THE WEBSITE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOULC DISCLAIMS ANY IMPLIED WARRANTIES OR REPRESENTATIONS. YOULC EXPRESSLY DOES NOT REPRESENT OR WARRANT THAT KATCH WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE, UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 12.2 UNDER NO CIRCUMSTANCES IS YOULC LIABLE FOR ANY INDIRECT DAMAGE SUSTAINED BY THE USER OR THIRD PARTIES, INCLUDING CONSEQUENTIAL DAMAGE, LOSS OF DATA OR DAMAGE AS A RESULT OF THEIR DISCLOSURE, LOSS OF TURNOVER, AND IMMATERIAL DAMAGE. 12.3 THE LIABILITY OF YOULC AGAINST THE USER, ON WHATEVER GROUND (INCLUDING FAILURE TO COMPLY WITH A WARRANTY OBLIGATION), SHALL BE LIMITED TO ANY FUTURE SUBSCRIPTION FEES (FOR INSTANCE FOR AN ENTERPRISE VERSION) PAID BY THE USER, UP TO A MAXIMUM OF 500.00 EUROS (FIVE HUNDRED EURO), EXCLUDING 21% VAT, WHEREBY A SERIES OF CONNECTED EVENTS SHALL BE CONSIDERED A SINGLE EVENT. 12.4 THE USER INDEMNIFIES YOULC AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ON ANY GROUND WHATSOEVER IN RESPECT OF COMPENSATION OF DAMAGE, COSTS OR INTEREST IN CONNECTION WITH THIS AGREEMENT AND/OR THE USER’S USE OF KATCH. WE HERE REFER TO THE SERVICE LEVEL AGREEMENT CONCLUDED WITH USER’S EMPLOYER. 12.5 THE PRECEDING SUBSECTIONS OF THIS ARTICLE DO NOT APPLY IF AND INSOFAR AS THE DAMAGE IN QUESTION WAS CAUSED BY AN INTENTIONAL ACT OR OMISSION OR WILFUL RECKLESSNESS ON THE PART OF YOULC.
ARTICLE 13. INTELLECTUAL PROPERTY RIGHTS
13.1 We (and our licensors) retain all legal right, title and interest in and to Katch and the Website. This includes any intellectual property right subsisting in Katch, the Website and any part thereof. You acknowledge these rights and declare to respect them at all times. 13.2 The Agreement grants the User a personal, worldwide, non-assignable and non-exclusive right to use Katch. Unless otherwise agreed by means of a separate agreement, “use” shall not mean to reproduce, duplicate, copy, sell, trade or resell. 13.3 Without prejudice to our Privacy Statement and our commitment to keep Users in control of their Account and personal data, you hereby grant us a worldwide and non-exclusive right to reproduce, duplicate, copy and/or display your Account in accordance with the functionalities of Katch.
ARTICLE 15. FINAL PROVISIONS
15.1 The Agreement shall be governed by Dutch law, without regard to any conflict of law provisions contained in Dutch law. 15.2 The court of The Hague, the Netherlands, shall have exclusive jurisdiction to settle disputes relating to the Agreement, which cannot be settled amicably. 15.3 In the event that we require urgent legal measures or relief against a User and the court chosen above cannot provide this, we may submit an application to any other court in any other jurisdiction. 15.4 In the event that one or more of the provisions of this Agreement and/or the Terms of Service are nullified or void, the remaining provisions of this Agreement and/or the Terms of Service shall remain in full force. The Parties shall agree on (a) new provision(s) to replace the nullified or void provisions, having regard to the purpose and purport of the original Agreement and/or Terms of Service as far as possible. 15.5 If we do not exercise or enforce a legal right or remedy which is available to us under the Agreement and applicable law, this will not constitute a formal waiver and we will still be entitled to such rights or remedies.
ARTICLE 16. DEFINITIONS
16.13 “Employer”: the organization that employs you and enables your access to the Enterprise version of Katch and to create your personal Account.
The Katch Team
WHO WE ARE?
We are Katch, a team of energetic, ambitious people, who decided to change the way people learn from each other and build their talent insights, by means of frequent feedback and compliments. Katch is part of YoulC B.V., registered in the Netherlands, The Hague, Chamber of Commerce no 52704203, www.MyKatch.com
© 2014 YoulC B.V., The Netherlands