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Elevate® Terms of Use for Respondents --------------------------------------------------------- Effective Date: 19 October 2024 These are the Terms of Use for Respondents of Elevate, the online platform of The Myers-Briggs Company group of companies (the "Company", "we", "us” or "our” and the like) for using our psychometric assessments. These Terms of Use for Respondents apply to all respondents using our psychometric assessments on Elevate, whether users of the goods and services of: The Myers-Briggs Company, a California benefit corporation; The Myers-Briggs Company Limited, a company registered in England and Wales; The Myers-Briggs Company Pte. Ltd, a company registered in Singapore; and The Myers-Briggs Company Pty Ltd, a company registered in Australia, including the European branch offices of The Myers-Briggs Company Limited (including The Myers-Briggs Company – France, The Myers-Briggs Company – Netherlands and The Myers-Briggs Company – Germany and its European operations in Belgium and Ireland). By registering and creating an Elevate account, or by accessing or otherwise using the Elevate platform (“Elevate”), you agree to be bound by these Elevate Terms of Use for Respondents (“Terms of Use”) as of the first day you create your Elevate account or access Elevate (“Registration Date”). If you are in the United States, you must be at least thirteen (13) years old to register and use Elevate. If you are in the UK or European Union, you must be at least sixteen (16) years old to register an Elevate account and use Elevate. If you are in other countries or territories, you must be over minimum age of threshold in those countries or territories to be considered as an adult. If you are not old enough to use Elevate, please do not register an account or use Elevate. 1. The Elevate Platform 1.1 By registering and creating an Elevate account, you will be able to respond to assessments offered by the Company, which may include (without limitation) the Myers-Briggs Type Indicator®, CPI 260®, Strong Interest Inventory®, Thomas-Kilmann Conflict Mode Instrument™, and FIRO® assessments (“Assessments”) and to receive reports (“Reports”) for those Assessments as generated by your assessment administrator (“Practitioner”). Each Elevate account may only be used by a single, named assessment-taker respondent (“User”) and the account will remain active during any subscription period of your associated Practitioner, as set out in Section 2.8. Subject to these Terms of Use, the Company will grant you access to Elevate. 1.2 Users are responsible for ensuring the security of registration details, including log-in and passwords. Registration details, including log-in and password details, shall not be shared between multiple users. Any actual or suspected loss or theft of such details should be reported to the Company as soon as possible in order that replacement log-in and passwords may be created. 1.3 You understand and acknowledge that, in order to use Elevate, certain technical requirements relating to hardware and software (including, without limitation, an internet connection, email address, and compatible web browser) available to the User will need to be met, and you agree to meet those technical requirements at your own expense. Further details can be supplied on request. 2. Elevate Data & Privacy 2.1 Your use of Elevate involves several types of data, including (without limitation): your personal information (as defined in our Privacy Policy - https://www.themyersbriggs.com/en-US/Support/Privacy-Policy), your responses to Assessments (“Item Responses”), and your responses to optional research and demographic questions (“Demographic Data”). 2.2 Your personal information will be used in accordance with the Company’s Privacy Policy (https://www.themyersbriggs.com/en-US/Support/Privacy-Policy), as amended from time to time, a copy of which is also made available to Users on Elevate prior to taking any Assessments. The Company will comply with applicable laws governing the use of personal information, and the Company will implement commercially reasonable safeguards to protect the confidentiality, integrity, and availability of personal information you provide to the Company. 2.3 Regarding your Elevate account data, your Practitioner (or your Practitioner’s employer) is the data controller and the Company is the data processor. By providing personal information to us, the Company will process that personal information in accordance with our Privacy Policy (https://www.themyersbriggs.com/en-US/Support/Privacy-Policy) and only on the documented instructions of the data controller, unless required to do otherwise by applicable law. 2.4 The Company may engage additional sub-processors to provide the services that are the subject of these Terms of Use, as set forth in our Privacy Policy (https://www.themyersbriggs.com/en-US/Support/Privacy-Policy), and you agree to the Company’s use of such additional sub-processors. Those sub-processors will be contractually bound to abide by substantially similar privacy and security principles set forth in these Terms of Use and the Company’s Privacy Policy (https://www.themyersbriggs.com/en-US/Support/Privacy-Policy). 2.5 Your use of Elevate may involve the collection and/or transmission of your personal information to the Company in the United States. If you are using Elevate outside the United States, then by agreeing to these Terms of Use you acknowledge and agree to such transfer. The Company has in place relevant safeguard mechanisms under applicable law with respect to international transfers of personal information, including from the UK and Europe to the United States. Further information can be found in our Privacy Policy (https://www.themyersbriggs.com/en-US/Support/Privacy-Policy). 2.6 Notwithstanding Section 2.5, the Company reserves the right to alter or remove your personal information if required to do so by applicable law. If you, as a User, exercise a right afforded to you as a data subject under applicable law against the data controller (e.g., your Practitioner or your Practitioner’s employer), either to us or via us, the Company will direct your request to the relevant data controller and the Company will reasonably cooperate with the data controller and provide reasonable assistance and information to facilitate the data controller’s ability to respond to such a request. 2.7 Subject to Section 2.8, the Company will store data associated with your Elevate account, including personal information, Item Responses, Demographic Data and Reports, for: - a period determined by your Practitioner, the data controller (“the Customer Retention Period”), after which it will periodically be removed from Elevate or anonymized, in accordance with our Privacy Policy (https://www.themyersbriggs.com/en-US/Support/Privacy-Policy), or - if your Practitioner does not set a Customer Retention Period, we will hold your Respondent Personal Information for a period from collection of your Respondent Personal Information until twenty (20) years after completion of such Respondent’s Assessment on Elevate (“Default Retention Period”), subject to Section 2.8, after which it will periodically be removed from Elevate or anonymized, in accordance with our Privacy Policy (https://www.themyersbriggs.com/en-US/Support/Privacy-Policy). At expiry of the Customer Retention Period or the Default Retention Period, as applicable, the Company will remove or anonymize such Respondent Personal Information. See Section 11 of our Privacy Policy (https://www.themyersbriggs.com/en-US/Support/Privacy-Policy) for further details. Please contact your Practitioner or us for information on the data retention settings applied to your Respondent Personal Information. 2.8 Notwithstanding Section 2.7, if your Practitioner’s subscription terminates or expires prior to expiry of the Retention Period, the Company will store your Elevate account data for up to ninety (90) days after such termination or expiration. If your Practitioner does not renew their Elevate account within that ninety (90) day period, the Company will remove or anonymize your Elevate account and its associated data, and you will permanently lose access to that Elevate account and its associated data (including access to any supporting materials provided to you). See Section 11 of our Privacy Policy (https://www.themyersbriggs.com/en-US/Support/Privacy-Policy) for further details. 2.9 For the avoidance of doubt, where your Elevate account comprises more than one (1) Report generated from the same Assessment within any Customer Retention Period or Default Retention Period, as applicable, the retention period after which the Company will remove the data associated with that Assessment from Elevate, including Item Responses, Demographic Data and all Reports, will still be the Customer Retention Period or the Default Retention Period, as applicable. Where your Elevate account comprises data from more than one Assessment, the Customer Retention Period or Default Retention Period, as applicable, will apply separately for each Assessment you complete. Notwithstanding the above, where your Elevate account comprises more than one (1) Assessment, the Company will store your name and email address for the duration of which all Assessment data remains on the Platform and therefore for the Customer Retention Period or the Default Retention Period, as applicable, as determined from the date the latest Assessment Report is completed. 2.10 While your Practitioner’s account remains active and thereafter for the Customer Retention Period or default Retention Period, as applicable, the Company reserves the right to retain and use all Item Responses, Demographic Data, and other data collected and/or generated via Elevate in personally identifiable form for the purposes of providing the Elevate products and services to you and your Practitioner. 2.11 Furthermore, at all times, both while your Practitioner’s account remains active and thereafter, the Company reserves the right to retain and use all Item Responses, Demographic Data, and other data collected and/or generated via Elevate in non-personally identifiable form for the Company’s scientific research and product development purposes and other business purposes as set forth in our Privacy Policy (https://www.themyersbriggs.com/en-US/Support/Privacy-Policy), even after your Elevate account data is removed or anonymized. Such data retained by us is not personal information because it is only retained in our systems in non-personally identifiable form, and therefore no longer represents Personal Information. Such non-personally identifiable data may be used indefinitely by us for scientific research and product development purposes without further notice to you as further set out in Section 7.1.5 of our Privacy Policy (https://www.themyersbriggs.com/en-US/Support/Privacy-Policy). 2.12 In addition, where you have opted-in to be contacted for, and to participate in, future research opportunities, including surveys, the Company reserves the right to retain and use all Item Responses, Demographic Data, and other data collected and/or generated via Elevate in personally identifiable form for the a period from collection of your Respondent Personal Information until eighteen (18) months after completion of your Assessment (“Research Retention Period”), for the purposes of the Company’s scientific research and product development purposes, including contacting you for further research opportunities. After the Research Retention Period, such personal information will be anonymized and used only in non-personally identifiable form for scientific research and product development purposes. 2.13 Notwithstanding Sections 2.7 to 2.12, in the event that you request that the Company delete your personal information, and such request is authorized by the applicable data controller, then any contact details, Item Responses, Demographic Data and other personal information will be removed from Elevate, and if you have opted-in to be contacted for future research opportunities, from our research and development databases. 2.14 You can manage your research and communication preferences using the pertinent functions on Elevate. 2.15 Additional data processing terms applicable to Users who are deemed EU data subjects can be found here (https://eu.themyersbriggs.com/en/About/Data-Processing-Terms). Users agree to be bound by such Data Processing Terms, unless otherwise agreed in writing between the Company and your Practitioner and/or your Practitioner’s employing data controller. 3. Your Responsibilities 3.1 The Company makes Elevate available on a ‘one-user-per-account’ basis. You may not share your license or your Elevate username and password combination with anyone else. You shall use your best efforts to prevent unauthorized access to or use of your Elevate account and shall notify the Company immediately upon discovery of any unauthorized access or use. 3.2 You shall not sell, resell, rent, or lease your access to Elevate or offer Elevate assessment scoring services on a “service bureau” basis. You shall not use Elevate to store or transmit any infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights. You shall not use Elevate to store or transmit malicious code or software that will impair the functionality or availability of Elevate or otherwise access Elevate in a manner not specifically authorized by these Terms of Use. You shall not interfere with or disrupt the performance of Elevate or attempt to gain unauthorized access to Elevate. 3.3 You shall not contract with parties other than the Company for the scoring of any assessments made available on Elevate. You shall not copy, frame, or mirror any content or functionality made available on Elevate. You shall not reverse-engineer Elevate or any of the Assessments or Reports on Elevate or the scoring thereto. You shall not access Elevate in order to build a competitive product or service or to copy any features, functions, scoring, or content of Elevate nor shall you make use of the data collected as a result of your use of Elevate to create products or services for commercial sale or other commercial exploitation. 3.4 You shall not remove any copyright, patent, trademark, design right, trade secret, or any other proprietary rights notices from Elevate products. You shall not make use of any of the Company trademarks in any domain names. 4. Support, Downtime & Availability 4.1 If you need assistance with creating or using your Elevate account, the Company may provide you with limited, basic support (as determined by the Company in its sole discretion). Please contact your Practitioner or local Customer Support team for assistance - support.us@themyersbriggs.com (for US and ROW Users and Customers) or support.eu@themyersbriggs.com (for UK and EU Users and Customers). 4.2 The Company will use commercially reasonable efforts to make Elevate available at all times except for planned downtime, maintenance, and unavailability caused by circumstances beyond the Company’s reasonable control, including (without limitation): acts of God, acts of government, flood, fire, earthquakes, civil unrest, epidemics or pandemics, acts of terror, strikes or other labor problems, equipment malfunctions, power failures or Internet service provider failures. Notwithstanding any of the foregoing, you have no expectation regarding the availability of Elevate. You agree that your use of Elevate is not contingent upon any specific level of availability, or the delivery of any additional functionality or any additional support from the Company. 4.3 The Company reserves the right to take any Elevate products out of print at any time without notice to you. The Company may choose to make Elevate unavailable either temporarily or permanently by providing written notice to you on Elevate. 5. Intellectual Property 5.1 Your use of Elevate involves the Company’s intellectual property, and your use of that intellectual property is governed by these Terms of Use. You acknowledge and agree that the Company is the sole and exclusive owner of Elevate itself, as well as all Elevate products and other content made available on Elevate (and their accompanying intellectual property rights) including (without limitation) all Assessments and Reports. The Company reserves all rights, title, and interest in and to Elevate and the Elevate products and other content on Elevate, including all intellectual property rights. Your limited license to use Elevate products is only as expressly set forth in these Terms of Use. 5.2 Elevate provides you with the ability to receive and complete certain Elevate products (such as Assessments and Reports) as delivered to you by your Practitioner. If your Practitioner delivers such a product to you via Elevate, then you agree not to share that product with any other party and to limit your use of that product to your personal use only. You acknowledge and agree that any such products are licensed only for your personal, non-commercial use. You agree not to infringe any of the Company’s intellectual property rights in any Elevate products and you agree to abide by any limitations and restrictions on use of Elevate materials delivered to you. This limited license that the Company grants to you to electronically access and view such products is non-exclusive, non-transferable, and non-sublicensable. You may not alter or modify any Elevate products, or reproduce or distribute Elevate products in any manner. You may not rent, lease, resell, redistribute for profit, or otherwise commercially exploit any Elevate Products, and you may not prepare derivative works based on any Elevate products. 5.3 For the avoidance of doubt: 5.3.1 reproduction of Assessments made available via Elevate is not permitted; and 5.3.2 Reports may be copied, provided such copies are used only for your personal use and record-keeping. 6. Term & Termination 6.1 Your use of Elevate shall be governed by these Terms of Use starting on your Registration Date and will remain in effect (as renewed from time to time) for as long as your Elevate account remains active and provided that the Elevate account of your associated Practitioner remains active. 6.2 You may request that your Elevate account be deleted by contacting your Practitioner or your Practitioner’s employing company. If your Practitioner or your Practitioner’s employing company forwards your request to the Company and instructs the Company to delete your data, then the Company will delete (or anonymize) your Elevate account data within thirty (30) days of receiving such a request. 6.3 If the Company determines, in its sole discretion, that you have materially breached these Terms of Use, then the Company may terminate your access to Elevate by providing written notice to you. Such termination by the Company shall be effective as of the date the Company provides such notice. 6.4 If your account and access to Elevate terminates or expires for any reason, then: (i) you shall lose all access to Elevate and any associated data, including Reports and any supporting resources made available to you within the account; (ii) you agree to immediately stop making use of the Company’s intellectual property; and (iii) you will not receive any refunds for any pre-purchased Assessment administrations that you have not used prior to such termination or expiration. 7. Liability and Indemnity 7.1 IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES (INCLUDING ANY LOSS OF BUSINESS, PROFIT, REVENUE, DATA OR GOODWILL, OR FOR LOST OR WASTED MANAGEMENT TIME OR THE LOST TIME OF OTHER EMPLOYEES ARISING FROM YOUR USE OF THE PRODUCTS AND SERVICES, WHETHER DIRECT OR INDIRECT) HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY’S LIABILITY, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU UNDER THIS AGREEMENT OR, WITH RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE INCIDENT. 7.2 ELEVATE PRODUCTS AND SERVICES ARE PROVIDED “AS-IS.” THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS OR SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE HAVE NO LIABILITY FOR THE INABILITY OF ANYONE TO ACCESS ELEVATE OR THE EMAILS THAT FORM PART OF ELEVATE AND WE RESERVE THE RIGHT TO CARRY OUT MAINTENANCE AND DEVELOPMENT ON ELEVATE, WHICH MAY CAUSE INTERRUPTION TO IT. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 8. Miscellaneous 8.1 In the event of any conflict between these Terms of Use (as displayed on Elevate) and those in our catalogue or elsewhere, these Terms of Use (as displayed on Elevate) shall prevail. 8.2 These Terms of Use do not create a partnership, franchise, joint venture, fiduciary, or employment relationship between the parties; the parties are independent contractors. 8.3 Except as otherwise specified in these Terms of Use, all notices, permissions, and approvals under this Agreement shall be in writing. Notices to the Company shall be addressed to the attention of its General Counsel. All notices to you shall be addressed to the most recent contact information associated with your Elevate account. 8.4 No failure or delay by the Company in exercising any right under these Terms of Use shall constitute a waiver of that right. Other than as expressly stated herein, the Company’s remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. 8.5 If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, that provision shall be severed from these Terms of Use, and the remaining provisions of these Terms of Use shall remain in effect. 8.6 You may not assign any of your rights or obligations under these Terms of Use, whether by operation of law or otherwise. 8.7 These Terms of Use, and any disputes arising out of or related to these Terms of Use, shall be governed exclusively by the laws of the nation in which the Company contracting with you hereunder is established, namely the State of California in respect of The Myers-Briggs Company; England and Wales in respect of The Myers-Briggs Company Limited (including its European operations); Singapore in respect of The Myers-Briggs Company Pte, Ltd.; and Australia in respect of The Myers-Briggs Company Pty Ltd; without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. 8.8 These Terms of Use constitute the entire agreement between you as a User of Elevate and the Company with regard to your use of Elevate, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. 8.9 Any provisions of these Terms of Use that by their nature would survive shall survive any termination or expiration of these Terms of Use or termination or expiration of your Elevate subscription. 8.10 The Company may modify these Terms of Use at any time by providing written notice to you via Elevate, so please check them regularly. New versions of these Terms of Use will be provided to you via Elevate.
