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This End User License Agreement (“EULA”) and Privacy Policy, which creates an agreement between you (“you”,
“your”, or “user”) and Next Leap Career Solutions Pvt. Ltd. (dba Jombay) (“Jombay”, “we”, “us”, “our” or “Licensor”)
for use of the Assessment Center Platform (collectively, the “Platform”, “Product” or “Services”). By accessing, or
using the Platform directly through us or through our Clients (“Client”), you agree to be bound by the terms of
this EULA. If you do not agree to the terms of this EULA, do not use the Platform.
We may from time to time revise this EULA (including by moving or deleting portions of, or adding to, the terms
that govern your use of the Platform). We will notify all users of any revisions to the EULA. Your use of the
Platform following any changes constitutes your agreement to be bound by the EULA. If you do not agree to be
bound by the agreement, you are not authorized to use the Platform.
1. License:
Subject to the terms of this EULA and Privacy Policy, Licensor grants you a limited, non-exclusive, nontransferable
and revocable license to use the Platform on any computer/laptop owned or controlled by you.
2. General Data Protection Regulation (“GDPR”):
In compliance with the General Data Protection Regulation (GDPR), Jombay offers transparency and access
controls to help users take advantage of those rights. As available and unless limited under applicable law, the
rights afforded to users are:
1. Right of access – the right to be informed of, and request access to, the personal data we process about the
user
2. Right to rectification – the right to request that we amend or update user’s personal data where it is
inaccurate or incomplete
3. Right to erasure – the right to request that we delete user’s personal data
4. Right to restrict – the right to request that we temporarily or permanently stop processing all or some of
the user’s personal data
5. Right to object – You have the right to object to our processing of your Personal Data including where
processing involves automated decision-making
3. User’s Rights:
The user is entitled to, at any time, access and rectify the user’s personal data. These rights may be exercised by
sending us a message, at support@jombay.com or contact us at: Privacy & Data Protection Office, Jombay, E-
1/402, S.No. 18/1/1, Water’s Edge, Vishal Nagar, Pimple Nilakh, Pune 411027, India
4. Data Protection Principles:
In compliance with GDPR, Jombay observes and complies with a set of core principles at all times, from the
moment the personal data are collected until the moment that personal data are archived, deleted, or destroyed.
Jombay ensures that all personal data is:
1. Processed lawfully, fairly, and in a transparent manner (lawfulness, fairness, and transparency)
2. Collected only for specified, explicit, and legitimate purposes (purpose limitation)
3. Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is to be
processed (data minimization)
4. Accurate and kept up to date, wherever necessary (accuracy)
5. Not kept in a form which permits identification of data subjects for longer than is necessary for the
purposes for which the data is processed (storage limitation)
6. Processed in a manner that ensures its security using appropriate technical and organizational measures to
protect against unauthorized or unlawful processing and against accidental loss, destruction, or damage
5. Transfer of Data:
Jombay doesn’t transfer personal data or any other data to third party or unauthorized users (with the exception
of the “Client” who has sponsored or authorized the use for you). All data is securely stored in Jombay’s AWS
cloud storage located at Frankfurt, Germany.
6. Data Retention:
We take measures to delete your Personal Information or keep it in a form that does not permit identifying you
when this information is no longer necessary for the purposes for which we process it, unless we are required by
law to keep this information for a longer period. When determining the retention period, we take into account
various criteria, such as the type of products and services requested by or provided to you, the nature and
length of our relationship with you, possible re-enrolment with our products or services, the impact on the
services we provide to you if we delete some information from or about you, mandatory retention periods
provided by law and the statute of limitations.
7. Assessment Link:
The Services on this Platform may provide links to other World Wide Web sites or resources. Because Jombay
has no control over such sites and resources, you acknowledge and agree that Jombay is not responsible for the
availability of such external sites or resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such sites or resources. You further
acknowledge and agree that Jombay shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
8. Your Account:
We may collect personal information as necessary for you to use the Platform (including but not limited to name,
email-address, password, gender, country/region). You acknowledge and agree that you are responsible for all
activity occurring under your account, which includes: (i) your use of the Platform; (ii) your use of the hosted
service, as applicable (collectively, “Your Account”). Should you choose to authorize, delegate or otherwise share
control or access of Your Account with other individuals or organizations (“Your Delegates”), you shall assume
full responsibility for the activity of Your Delegates. Jombay is not responsible for, and assumes no liability
resulting from any use of Your Account by Your Delegates.
9. New Versions:
Jombay may, at its sole discretion, add features or functions or provide bug fixes, patches, updates and upgrades
to the Platform, including its components, which may be provided automatically.
10. Limitation of Liability:
To the extent not prohibited by applicable law, Jombay and the Client are not liable for any direct, indirect,
incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss
of profits, revenue, goodwill, use, data, electronically transmitted orders or other economic advantage (even if
Jombay has been advised of the possibility of such damages), however caused and regardless of the theory of
liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise, arising out
of, or related to:
> The use or inability to use the Services;
> The cost of procurement of substitute goods and Services purchased or obtained or messages received or
transactions entered into through or from the Services;
> Unauthorized access to or alteration of your transmissions or data;
> Statements or conduct of any third party on the Services or Platform;
> Any other matter relating to the Services, including content you may download, use, modify or distribute
from the Platform.
You have the sole responsibility for adequate protection and/or equipment used in connection with the Platform
and will not make a claim against Jombay and the Client for lost data, re-run time, inaccurate output, work
delays or lost profits resulting from the use. You agree to hold Jombay and the Client harmless from, and your
covenant not to take any legal action against Jombay and the Client for any claims based on using the Platform,
whether in contract (including fundamental breach), tort (including negligence) or otherwise except where
Jombay and the Client is prevented by law from making such exclusions or limitations.
11. Troubleshooting & Resolution Times:
Jombay assures that it shall provide its support and assistance in the event of any disruption in the Services
inline with its policies, which gets updated from time to time..
12. Term and Termination:
This EULA is effective from the date accepted and continues in effect until terminated. You may terminate this
EULA at any time by emailing support@jombay.com, at which point your license hereunder will terminate. This
EULA and the license granted herein will terminate automatically and without notice if you fail to comply with
any term or condition of this EULA. Upon termination, you agree to destroy all copies of the Platform in your
possession. After termination of the EULA for any reason, upon your request, Jombay will delete all data
collected through the platform from all servers inline with its policies. Any provision in this EULA which when
reasonably read is intended to survive the termination of this EULA shall survive, including without limitation,
any disclaimer of warranties and limitations of liability.
13. Children:
Our Sites contain business-related content and are specifically aimed at and designed for use by adults. We do
not knowingly solicit or collect personal information from or about individuals under the age of 18 years.
14. Security Measures (for protection of Stored Data/Data Privacy):
Jombay is ISO 27001:2013 certified, SOC2 compliant, and is compliant with various security standards. Jombay
performs yearly external VAPT(Vulnerability Assessment and Penetration Testing) audits to monitor the product
and data security. Jombay’s physical infrastructure is hosted and managed by Amazon Web Services (AWS). AWS’
data center operations have achieved a wide variety of security certifications. Jombay utilizes AWS and relies to
a great extent on the technical security measures adopted by AWS. In addition to the security measures adopted
by AWS, and to the extent data processing activities occur outside the AWS system, Jombay has implemented
the following technical and organizational measures to ensure the security of your personal data:
1. We prevent unauthorized persons from gaining access to our data processing systems.
2. We allow restricted access to the employees only for the tasks assigned to them.
3. We ensure that all computers processing personal data (including computers with remote access) are
password protected, both after booting up and when left unattended, even for a short period.
4. We assign individual users passwords for authentication.
5. We only grant system access to our authorized personnel and strictly limit their access to only those
applications required by them to fulfil their specific responsibilities.
6. We have implemented a password policy that prohibits the sharing of passwords, outlines procedures to
follow after disclosure of a password, and requires that passwords be changed regularly.
7. We ensure that passwords are always stored in an encrypted form.
8. We have adopted procedures to deactivate user accounts when an employee, agent, or administrator leaves
Jombay or moves to another role within the company.
9. We have established rules for the safe and permanent destruction of data that are no longer required.
10. Except as necessary for the provision of the services, your personal data cannot be read, copied, modified,
or removed without authorization during transfer or storage.
11. We encrypt data during any transmission.
12. We log administrator and user activities.
13. We are able to retrospectively examine and establish whether and by whom a candidate’s personal data has
been added/modified/removed from data processing systems.
14. We process the personal data received from different clients such that at each step of processing, the
controller can be identified and data is always physically or logically separated.
15. We create back-up copies of our databases which are stored in protected environments.
16. We perform regular restore tests from our backups.
17. We have created business recovery strategies.
18. We do not use personal data for any purpose other than what we have been contracted to perform.
19. We do not remove your personal data from our business computers or premises for any reason (unless you
have specifically authorized such removal for business purposes).
20. We ensure that each computer system runs a current anti-virus solution.
21. We have designated a responsible person to perform the functions of a data protection officer.
22. We have obtained the written commitment of our employees to maintain confidentiality and to comply with
our requirements under GDPR.
23. We regularly train our staff on data privacy and data security.
24. The Personal Identifiable Information is accessed by authorized persons only. The information is stored in a
secured way.
25. Jombay doesn’t share Personal Identifiable Information or any other data to third party or unauthorized
users.
15. Changes to this Policy
This Policy may change from time to time. If we make material changes to this Policy, we will post any Policy
changes on this page. If we feel it appropriate, we will provide a more prominent notice (including, for certain
services, email notification). Your continued use of our services following such posts or notices will signal your
acceptance of such changes.
16. Miscellaneous
A) Entire Agreement: This Agreement constitutes the entire agreement with respect to the subject matter hereof
and supersedes all prior written and oral agreements, understandings and negotiations between the Parties with
respect to the subject matter of the Agreement. No representation, inducement, promises, understanding,
condition, warranty not set forth herein has been made or relied upon by the Parties. Neither this Agreement nor
any provision hereof is intended to confer upon any person other than the Parties to the Agreement any rights or
remedies hereunder.
B) Severability: If any provision of the Agreement is found by any court or administrative body of competent
jurisdiction to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the
other provisions of the Agreement which shall remain in full force and effect. If any provision of the Agreement
is so found to be invalid, illegal or unenforceable, but would be valid, legal or enforceable if some part of the
provision were deleted, the user allows Jombay to make amendments to the provision in question to the extent
necessary to make it valid, legal and enforceable and to secure for the parties rights and benefits which are as
similar as possible to those provided for in the Agreement.
C) Relationship: The Parties are independent. Nothing in this Agreement shall be construed to create any
partnership, joint venture or similar relationship.
D) Non-Exclusive Right: Jombay’s right to provide the services under this Agreement is not exclusive and shall
not prevent the Company from granting a similar right to other Parties.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, PRIVACY POLICY AND UNDERSTAND THE RIGHTS,
OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO ACCESS AND USE THE PLATFORM,
YOU CONSENT TO BE BOUND BY THIS EULA, PRIVACY POLICY.