End Use License Agreement (EULA) & Privacy Policy
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, Bootstart CoWork- Street No. 4, Pallod Farms II, Baner, Pune, Maharashtra- 411045, 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.
