1. DEFINITIONS 

a. “Agreement” means the written or verbal (commercial) agreement(s) between Data Controller and Provider relating to gr8pi.com.

b. “Owner” means the person empowered by Data Controller to activate and administrate Data Controller’s gr8pi.com account and all agreements, terms and policies etc. in connection hereto on behalf of Data Controller.

c. “Credits” means the fictive currency primarily used by Data Controller to pay for gr8pi.com products, services and functionality.

d. “Credits Pool” means Data Controller’s Credits account within gr8pi.com.

e. “Data” means collectively specific information regarding the personal or material circumstances related to a specific and/or identifiable Data Subject. This includes information like, but not limited to, real name, address, email address, phone number, date of birth, photo(s), video(s), assessment data and/or any other data communicated, registered, delivered or entered by a Data Subject when using gr8pi.com, its services, products and/or other functionality delivered by GPIPL.

f. “Data Subject” means any entity (typically a candidate, employee or student) entering or delivering Data to gr8pi.com; typically, by completing an assessment.

g. “Results” means any kind of result or information, for example but not limited to reports or scores being presented or delivered by gr8pi.com or being downloaded or in any way exported from gr8pi.com, no matter method, media or purpose.

h. “Data Controller” means the legal entity with whom Provider entered the Agreement, represented by the person registered within gr8pi.com as Data Controller’s Owner.

i. “Terms of Use” means this document.

j. “Data Processor” or “GPIPL” means Great People Inside Pte. Ltd., Stanley Street 28C, Singapore 068737, Company registration number 201615955N, and its affiliates. Gr8pi.com is exclusively developed, owned and copyrighted by GPIPL. Data Processor’s gr8pi.com algorithms process assessment and survey data etc. to generate Results for Data Processor. As the Data Processor is registered in the Republic of Singapore, it declares that it will process all your Data in accordance with the requirements of applicable Data Protection Legislation in effect and will be bound by the EU’s General Data Protection Regulation (GDPR). Even though all data processing takes place in the European Union, as the servers running gr8pi.com and performing backups are hosted by Hetzner Online GmbH, Gunzenhausen, Germany, in accordance with the provisions of consideration (36) of GDPR, Great People Inside Pte. Ltd. has appointed, as a sub-processor, GR8 Research & Development S.R.L., 35 Mirăslău Street, Braşov, Romania, registered at the Trade Register Office under no. J08/915/17.07.2002, Tax ID RO14758235.

k. “User” means any entity accessing and/or using Data Controller’s gr8pi.com, including Proxys. Thus, anyone except Data Subjects using Data Controller’s gr8pi.com is a User.

l. “Party” means Data Controller or Provider individually.

m. “Parties” means Data Controller and Provider collectively.

n. “gr8pi.com” means all Data Controller’s accounts within the www.gr8pi.com platform provided to, and used by Data Controller and/or its Users, including its present and future products, services and functionality.

o. “Provider” means the entity delivering gr8pi.com to Data Controller per Agreement with Data Controller. Provider is typically a distributor or reseller of gr8pi.com. Provider may also deliver support and/or other services according to the Agreement.

p. “Proxy” means any entity acting in Data Controller’s gr8pi.com on behalf of a User; or a User acting in another entity’s gr8pi.com on behalf of that entity.

q. Except for contrary provisions, words in a singular form shall include the plural form and vice versa, where such is allowed by the context.

2. THE APPLICATION OF THE TERMS OF USE 

a. The Terms of Use apply to Data Controller, and set forth the terms and conditions for using gr8pi.com. Data Controller’s Users and Data Subjects are governed by separate Terms of Use which they must accept before gaining access to gr8pi.com.

b. Data Controller’s gr8pi.com account(s) cannot be activated and thus Users cannot have access before Owner on behalf of Data Controller has accepted the Terms of Use.

c. The Terms of Use complement the clauses of any Agreement between Data Controller and Provider, and in case of contradictions, the Terms of Use have precedence.

d. If no agreement exists between Data Controller and Provider, the Terms of Use still applies and solely governs Data Controller’s usage of gr8pi.com.

e. Amendments to the Terms of Use agreed separately in writing between Data Controller and GPIPL are an integral part of these Terms of Use and take precedence over any existing terms contained herein in case of contradictions. It is the sole responsibility of Data Controller, if relevant, to inform its Users about any such agreed amendments.

3. DURATION AND CHANGES TO THE TERMS OF USE, TERMINATION ETC. 

a. The Terms of Use are in force from the date they were accepted by Data Controller or, if earlier, from the date Data Controller started using gr8pi.com and until they are changed by GPIPL. GPIPL reserves the right to change the Terms of Use at any time without notice.

b. Within forty-five (45) calendar days after Owner receives notification that the Terms of Use has been changed, Data Controller has the right to decline the changed Terms of Use in which case the Agreement is also terminated according to the provisions of the Agreement. If not declined, Data Controller is deemed to have automatically approved the changed Terms of Use, and the continuation of the Agreement.

c. In case of termination of the Agreement, Provider and GPIPL are allowed reasonable time to execute the termination. Data Controller is not reimbursed in any way for inventory, unpaid invoices, loss of opportunity etc. unless otherwise stated in the Agreement.

d. If the Terms of Use are declined and/or the Agreement is terminated, no matter the reason, GPIPL maintains Data Controller’s gr8pi.com and all its Data for a period of one hundred and eighty (180) days after the declination and/or termination date. For the first thirty (30) days, Data Controller and its Users have full access to gr8pi.com. Subsequently, gr8pi.com is closed and all products, services, functionality, Data, logins etc. are no longer available, and/or no longer belong to Data Controller. Closing gr8pi.com does not constitute any kind of direct or indirect liability towards Provider or GPIPL.

4. MUTUAL ASSURANCES 

a. Depending on their specific use of gr8pi.com, Users must be certified or trained accordingly. Such certification or training is agreed and arranged between Data Controller and Provider.

b. Users have access to support and other services at Provider as per the Agreement.

c. All aspects of configuring and using gr8pi.com, including who Data Controller allows as Users, are the sole responsibility of Data Controller. Thus, Data Controller agrees that any Users using gr8pi.com are doing so with Data Controller’s consent, and at Data Controller’s sole discretion and risk.

d. E-mail communication is written communication, and thus it is Data Controller’s responsibility to white-list Provider, GPIPL and other relevant gr8pi.com domains in their e-mail system(s) to ensure correct, and timely notifications, delivery of Results etc. Furthermore, it is the responsibility of Data Controller that e-mail addresses, including Owner’s, and other Data Controller specific and required information within gr8pi.com, are complete and correct.

e. From time to time GPIPL may contact Data Controller and/or its Users directly by email or other electronic means, primarily for research and survey purposes. GPIPL and/or Provider may also contact Users for other purposes according to their account settings within gr8pi.com, and for support and support related purposes.

f. Data Controller and its Users may only use gr8pi.com in accordance with the intended purpose of gr8pi.com, and while observing good and common assessment and data practice, and applicable laws and regulations.

g. Gr8pi.com is only to be used within Data Controller’s organisation, and thus may not be sold or in any other way redistributed unless otherwise agreed in writing with GPIPL.

5. POLICIES AND PROCEDURES 

e. The Privacy Policy is available before and after login to gr8pi.com, and thus it is available to Data Controller via Owner, and to Users and Data Subjects. The Privacy Policy and any other policy or procedure are subject to change without notice at GPIPL’s sole discretion.

6. MISUSE OR MISCONDUCT 

a. In case of suspected or established misuse or misconduct, or at Data Controller’s request, GPIPL may terminate, suspend, change, or restrict a User’s access to all or part of gr8pi.com; without any kind of liability. If not requested by Data Controller, Data Controller is notified about any such actions.

7. PROXY 

a. A Proxy is any person or entity allowed by Data Controller or its Users to act on behalf of a User within gr8pi.com. Proxys are typically assigned for support or backup purposes, and a Proxy acts on behalf of Data Controller, and the User(s) it is acting as to proxy for. Thus, any action performed by a Proxy is regarded as actions performed by Data Controller or its Users.

b. Users acting as Proxys must do so in compliance with the entity they are acting as proxy for, and in accordance with applicable laws and regulations.

c. At Data Controller´s or its User´s sole discretion, Provider and/or GPIPL may be authorised to act as Proxy for support and service purposes by using the Proxy functionality offered by gr8pi.com. Data Controller may withdraw such authorisation at any time.

8. LOGGING, SECURITY BREACH ETC. 

a. When using gr8pi.com, User actions may be subject to logging for documentation purposes; for example, but not limited to access registration and Credits usage statistics.

b. In case Data Controller or its Users experience or suspect a security breach, they are obliged to inform GPIPL by e-mail to [email protected].

9. DATA AVAILABILITY AND USAGE 

a. Data belongs to the Data Subject, and if a Data Subject requests its Data to be fully or partially deleted, Data Controller or its Users must execute such request. Deleted Data is no longer available to Data Controller, and Data Controller is not reimbursed for such Data, loss of opportunity etc.

b. GPIPL is not responsible for the validity/correctness of Data and/or any other information provided by Data Subjects, or that such Data and/or information, including the Results derived from it, are suitable for Data Controller’s specific purpose.

c. Furthermore, even though gr8pi.com may facilitate for example, but not limited to, establishing contact to Data Subjects, Provider and GPIPL do not in any way guarantee that such contacts are established, nor that they will lead to the expected results (e.g. hiring a Data Subject).

d. It is Data Controller’s responsibility that its Users comply with the provisions of applicable data protection laws, and general legislation. Thus, for example, unless approved by Data Subject or requested by a court of law, any information relating to Data Subjects must not be given to third parties.

e. The collected Data is paid for by Data Controller at the time Data is accessed or used no matter by whom, how, how much, when, or for what purpose. Data collected through gr8pi.com is only paid for once no matter how much it is used.

f. Some functionality in gr8pi.com accesses or uses Data from multiple Data Subjects and using such functionality will institute payment for all the Data accessed or used.

g. Provider and GPIPL cannot guarantee the permanent or full availability of gr8pi.com. Unless otherwise stated in the Agreement, failure, interruption or Data loss shall not constitute any ground for Data Controller to claim immediate termination of the Agreement, and/or any kind of liability or compensation from Provider or GPIPL.

h. It is Data Controller’s responsibility to protect, handle, use and store Results according to applicable laws and regulations, and minimum as required by EU’s General Data Protection Regulation (GDPR), while such Results are in Data Controller’s possession and/or under Data Controller’s control.

i. Under no circumstances may Data Controller or its Users use gr8pi.com to register or store sensitive data of any kind, for example but not limited to political or sexual orientation, race, criminal convictions etc.

j. Information about the physical location(s) of Data and backups are available to Data Controller on request by e-mailing [email protected].

10. PARENT AND CHILD ACCOUNTS 

a. Data Controller and its Users can create child accounts (sub-accounts) to its parent gr8pi.com account(s), and a sub-account parent can create a sub-account child. Child accounts are typically used to separate Credits consumption, Data etc. in for example larger organisations.

b. A parent account may move Credits to and from a child account. c. The Terms of Use apply to all Data Controller’s gr8pi.com accounts, including child accounts.

11. CREDITS POOL AND INDEXING 

a. In general, Credits are used to pay for products, services and functionality consumed or used at gr8pi.com.

b. When Credits are ordered, the ordered quantity is credited to Data Controller’s Credits Pool by Provider according to the Agreement.

c. Data Controller’s Users may consume Credits, or have Credits consumed by for example Data Subjects. Credits consumption is automatically debited to Data Controller’s Credits Pool. For example, the Credits Pool is debited (Data is paid for) at the time Data is accessed or used.

d. In most cases, a given product or service consumed in a low indexed location has a lower price in Credits than the same product or service consumed in higher indexed location. e. The country in which the Data Subject is consuming the product or service determines the index. Data Subject’s location (country) is estimated by gr8pi.com using the Data Subject’s IP address. Even if the country of consumption is not determined correctly, it is undisputedly used to define the index.

f. If Data Subject’s location (country) cannot be determined, no matter the reason, the country registered at gr8pi.com for the User connected to the Data Subject is used to determine the index. If a User cannot be connected to the Data Subject, the country of Data Controller registered at gr8pi.com is used to determine the index.

g. The amount of Credits consumed for a given product, service etc. is solely determined by GPIPL, and may be subject to change with a three (3) months’ notice. h. The index is solely determined by GPIPL and may be changed without notice.

12. UNLIMITED CREDITS USAGE, CAPPED USAGE ETC. 

a. If Data Controller has an Agreement with Provider including unlimited Credits usage, Data Controller’s Credit Pool is provided with unlimited Credits to cover the consumption of the agreed products, services and functionality on the conditions specified in the Agreement. For administrative and statistical purposes, consumption statistics etc. are logged.

b. If Data Controller has an Agreement with Provider including capped usage (for example but not limited to a capped quantity of Credits or assessments), Data Controller’s Credit pool is credited the appropriate quantity to cover this usage. For administrative and statistical purposes, consumption statistics etc. are logged.

c. Unlimited Credits usage, and capped usage may not cover all products, services and/or functionality, and thus Data Controller may still have to purchase Credits to use uncovered products, services and/or functionality.

13. CREDITS BALANCE 

a. If the Credit Pool balance is too low to pay for a product or service, Users are still able to collect Data (for example by inviting Data Subjects to complete assessments), and Data Subjects are still able to deliver Data (for example by completing assessments). However, Results cannot be processed (for example by generating reports) before the balance is replenished to a minimum enabling Data Controller to pay for the Data.

b. Gr8pi.com logs all Credits transactions.

14. TRADEMARKS, COPYRIGHT, TRADE SECRETS, CONFIDENTIALITY ETC. 

a. Data Controller has no right in any way to duplicate or in any way copy gr8pi.com, including gr8pi.com, or systems, products, services, materials etc. belonging under the common designation Copyrighted Materials. Neither can Data Controller allow others to do so. Trademarks, copyrights, and trade secrets regarding any GPIPL or Provider systems, products and services etc. are, and remain the sole and exclusive right of GPIPL or Provider. It has been expressly agreed upon that no right to use the copyright or trade secrets of GPIPL or Provider can be given out or handed over to Data Controller or its Users.

b. Data Controller agrees that any information and knowhow obtained from using gr8pi.com may not in any way or form, directly or indirectly, be sold, given away or in any way used to create competitive systems, products or services. For the failure to comply with this obligation Data Controller shall indemnify GPIPL and its third-party licensors for all damages caused by any breach of this provision.

c. Data Controller shall not encourage, cause or permit reverse engineering, disassembly, de-compilation, or make any attempt to use or discover the source code of gr8pi.com; or disable or circumvent any security features associated with gr8pi.com. Neither shall it remove, alter or cover any copyright notice or other proprietary rights notice placed by GPIPL in or on gr8pi.com or it the Results it produces, or any material provided by GPIPL about gr8pi.com.

d. It is agreed upon that trade secrets and similar matters which may become known to Provider and/or GPIPL through collaboration with Data Controller and its Users, are confidential.

15. MISCELLANEOUS 

a. No failure of the Parties or GPIPL to exercise the powers given to them under the Agreement or these Terms of Use, or failure to insist upon strict compliance of any obligation, shall constitute a waiver of the Parties’ or GPIPL’s rights to demand exact compliance, and execution of their rights.

b. Data Controller and/or Provider cannot, either completely or partly, hand over the Agreement to others without GPIPL’s written accept.

c. The Terms of Use article headings have no legal meaning whatsoever.

d. In case of discrepancies between any translated version of these Terms of Use presented to Data Controller, and the original English language version, the original English language version prevails.

16. LIABILITY AND DISAGREEMENT 

a. The Platform is delivered on an “as is” basis, and Provider and GPIPL do not accept liability for any indirect loss or damage as well as any direct or indirect liability regarding the usage of gr8pi.com, or its Results unless otherwise stated in the Agreement.

b. GPIPL are under no circumstances directly or indirectly responsible or liable for Data Controller’s, Owners’ or Users’ gr8pi.com actions, or their handling and usage of Results.

c. Unless otherwise stated in the Agreement, the Parties must seek to settle a dispute amicably by negotiation within 30 days. Failing this, each Party has the right to take the matter into Court of International Commercial Arbitration. Execution, performance or termination hereof shall be settled by means of arbitration by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Data Controller’s country registered in gr8pi.com, in compliance with the Rules of arbitration procedure of the Court of International Commercial Arbitration in force, which the Parties, and Users agree to recognise and accept. Rulings are final, binding and un-appealable.

d. The Parties irrevocably agree that any dispute which initially or subsequently may implicate GPIPL, shall be settled by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of the Republic of Singapore, in compliance with the Rules of arbitration procedure of the Court of International Commercial Arbitration in force, which the Parties, and GPIPL agree to recognise and accept. Rulings are final, binding and un-appealable.

17. QUESTIONS OR CONCERNS 

a. If you have any questions or concerns regarding these Terms of Use, please direct your enquiry to Provider, or to [email protected].