1. General.

1.1 This Agreement governs your use of this web site and its associated services (the "Web Service"), including interactive surveys and adminstrative areas, which are owned and operated by TruScore. and its subsidiaries, affiliates, divisions and related companies ("Clark Wilson Group").

1.2 TruScore reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by TruScore as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and the Interactive Areas.

2. Use of Content.

2.1 You acknowledge that the Web Service contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of TruScore or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web Service. Users of the Web Service may use the Content only for their personal, noncommercial use. Users of the Web Service wanting to use the content for commercial use must obtain prior express written permission of TruScore.

2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software's patent and or copyright.

2.3 You may not download content on this web site that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of TruScore. "Free" content may be downloaded for your personal use or noncommercial distribution consistent with the terms defined in this Agreement. When using both purchased and "free" content, you will maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of TruScore or the owners of such content or their authorized persons if other than TruScore.

3. Rules of Conduct.

You shall not post on the Web Service any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on the Web Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Web Service for any commercial purpose not expressly approved by TruScore, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services.

4. Managing Content.

TruScore does not and cannot review the content posted by users on the Web Service and is not responsible for such content. However, TruScore reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. TruScore shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.

5. No Endorsement.

5.1 TruScore does not represent or endorse the accuracy or reliability of any content posted on any Interactive Area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of TruScore or its advertisers or sponsors.

5.2 The Web Service may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that TruScore is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

6. Indemnity.

You agree to indemnify, defend and hold TruScore and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors, harmless from any and all claims, liability, losses, costs and expenses (including reasonable attorney fees), to the extent any such claims, losses, damages, costs and expenses are due to the acts or omissions of you or your officers, directors, agents and employees.

7. Termination of Service.

TruScore reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web Service, including the Interactive Areas, at any time for any reason without prior notice or liability. TruScore may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

8.1 NEITHER TruScore NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES TruScore, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE OR THE CONTENT. THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER TruScore, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER TruScore NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

8.2. NEITHER TruScore NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TruScore, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. MISCELLANEOUS.

This Agreement shall be construed in accordance with the laws of the State of Colorado, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Boulder County in the State of Colorado. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.

For our customers in the EU:

The personal information contained in the responses to this survey will be transmitted to and processed in the USA. Every reasonable precaution has been taken by TruScore to ensure that the data is accurate, secure and confidential. Only authorised personnel or agents of TruScore will have access to your data.

This is the Privacy Policy for Zenger Folkman Company, 550 East Timpanogos Circle, Bldg G, Suite G-01, Orem, UT 84097.

Thank you for your interest in Zenger Folkman's ("ZF") services. ZF takes your privacy very seriously and has created this policy in order to demonstrate our firm commitment to protecting personal information. In particular, this policy sets forth our information gathering and dissemination practices for any personal information gathered on this site. No personally identifiable information will be sold or otherwise used except as outlined in the policy below.

ZF is a company with a global reach that delivers high-impact leadership development and corporate training programs in all key industries, sectors and markets in the world. Our leadership development process includes providing leadership development surveys, coaching and workshops for organizations wishing to boost employee productivity, strengthen employee commitment and improve bottom-line profitability and for individuals wishing to enhance their professional skills. We are a business to business resource that is contracted by companies (our corporate clients) throughout the world, including the US, EU and Switzerland, to provide screening questionnaires. Alternatively, we also have "partners" throughout the world, including the European Union, who license our product for sale to local business entities. We also publish a blog which individuals may access independently to take one of our surveys.

Zenger Folkman is committed to acting in compliance with current data protection laws including the European Union’s General Data Protection Regulation (EU) 2016/ 679 (GDPR)

1. Zenger Folkman Assessments. If you participate in a Zenger Folkman assessment (“Participant”), the assessment collects first name, last name, email address, optional demographic data (birth year, country, gender, position type, primary function of current position), responses (on a five-point scale) to items regarding the participant's performance in a set of leadership competency areas. If you are a respondent who has been invited to give feedback to a Participant, the assessment collects first name, last name, email address, responses (on a five-point scale) to items regarding the Participant's performance in a set of leadership competency areas, and freeform comments about the Participant's performance. If your employer invites you to participate in a Zenger Folkman assessment, your employer will provide Zenger Folkman with your first name, last name and email address in order to register you for participation in the assessment.
2. Visitors to ZF Website. If you visit our corporate website, we automatically collect the related session data.
3. Participants in Public Events. If you participate in one of our public events (for example, workshop, certification, webinar, live online event), we may collect your name, email address, telephone number, title, company, business address and other information that will help us serve you better.
4. Those who opt to receive marketing communications. If you opt in to receive marketing communications from Zenger Folkman, we may collect your name, email address, title, company, business address and other contact information. In addition, we may use cookie technology (see Cookies below) to connect your history at the ZF website with your other personal information.
5. Customers, suppliers and other business contacts. If you are a customer, supplier or other business contact, we may collect your name, email address, telephone number and other contact information in the regular course of our interaction with you.

1. Zenger Folkman Assessments. PII collected as part of a Zenger Folkman assessment will be used for the purpose of (a) providing assessment related services, such as individual and aggregate reporting, and (b) in aggregate form, to do research and calculate norms.
2. Visitors to ZF Website. Zenger Folkman uses technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the website, track visitors’ movements around the website, and to gather demographic information about our visitor base as a whole (see Cookies below).
3. Participants in Public Events. If you participate in a ZF public event, ZF will use your information to provide the service for which you have registered, and to communicate with you about the public event.
4. Those who opt to receive marketing communications. Personal information collected by those who opt to receive our marketing communications will be used to communicate with you about ZF news, events updates, etc. You may choose to unsubscribe at any time by clicking on the unsubscribe link in your email communication or by emailing support@zfco.com
5. Customers, suppliers and other business contacts. Personal data of customers, suppliers and other business contacts will be used to manage our contractual relationship with you, to carry out contracted obligations, to provide updates about Zenger Folkman and its services.

ZF may have to share personal data with third parties for processing, sub-processing or to deliver contracted services. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures. If you participate in an assessment or leadership program or other engagement run by ZF as an employee, ZF will share data with a coach or your employer or with others as contracted between ZF and your employer.

ZF does not rent or sell information to any outside organizations. ZF will share your personal data with third parties only in the ways that are described in this privacy policy.

ZF may also disclose personal information:

• When we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of ZF, its users or the public as required or permitted by law.
• If ZF becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, any personal data controlled by us may be one of the assets transferred to third parties. If a change happens to our business, then the new owners may use personal data in the same way as set out in this privacy notice.
• To any other third party for whom data subjects or customers have given prior consent.

Liability in cases of onward transfers

ZF has responsibility for the processing of personal information that it receives under the Data Privacy Framework Principles and which ZF transfers to a third party acting on ZF’s behalf. ZF will remain liable if ZF’s agent processes such personal information in a manner inconsistent with Data Privacy Framework Principles, unless ZF proves that it is not responsible for the event giving rise to the damage.

Third Parties connected to our website

We use Google Analytics software to collect information about how you use our website. We do this to help make sure the site is meeting the needs of its visitors and to help us make improvements, for example improving site and content searches. We do not allow Google to share our analytics data. Google Analytics stores information about:

• the pages you visit
• how long you spend on each page
• how you navigated to the site
• what you click on while you’re visiting the site

We use YouTube to provide videos on some pages of the site. YouTube sets cookies when you visit one of these pages to count the views of embedded YouTube videos.

Neither of these third parties collect or store your personal information (for example your name or address) so this nformation can’t be used to identify who you are

Zenger Folkman takes technical, contractual, administrative and physical steps to protect against unauthorized access to, and disclosure of, personal identifiable information (“PII”). These steps can include firewalls, secure socket layer (SSL) encryption, physical security, password authentication, etc. To learn more, you may request a copy of our current Security Policy.

What is a Cookie?

A cookie is a small file, or files on your computer, phone, or other device with a browser to save snippets of text for reference by the website you are visiting.

All cookies have expiration dates in them that determine how long they stay in your browser:

Session cookies - these are temporary cookies that expire (and are automatically erased) whenever you close your browser. For example, we use session cookies to grant access to multiple pieces of content.

Persistent cookies - these usually have an expiration date and so stay in your browser until they expire, or until you manually delete them. For example, we use persistent cookies to better understand usage patterns so that we can improve the site for our visitors and provide relevant content in the future.

How does Zenger Folkman use cookies?

Zenger Folkman and our analytics provider use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the website, track visitors’ movements around the website, and to gather demographic information about our visitor base as a whole. We receive reports based on the use of these technologies on an individual and aggregated basis. Visitor usage data is anonymous unless certain actions have taken place on our website, such as form submission. These actions allow our application to connect cookie data to a personal contact profile.

Visitors can control the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited.

PII in our Assessment Database

ZF will retain PII in our assessment database indefinitely, or until you or your employer request that we remove it. This policy allows Participants to do follow-up assessments to evaluate progress over time, and allows employers to do analysis of company trends.

All other PII

ZF will retain PII on our systems only for as long as we need it, given the purposes for which it was collected, or as required to do so by law. ZF will retain and use this personal information as necessary to comply with legal obligations, resolve disputes, and enforce our agreements.

To remove your PII from our systems,

• If ZF received your PII from your organization, please contact your organization to request this removal
• If ZF received your PII directly from you, contact ZF Customer Support at:

Call ZF Customer Support: 801-705-9375 or
Email ZF Customer Support: support@zfco.com

Zenger Folkman is not responsible for the privacy policies of web sites to which Zenger Folkman web site may link or for those of any downstream linkages.

Under California Civil Code Section 1798.83 ZF does not share any personal information with third parties for their own direct marketing purposes.

If you are a US individual whose PII we have and you wish to contact us with a question or complaint you may do so by calling or emailing our Customer Support office at:

Call ZF Customer Support: 801-705-9375 or
Email ZF Customer Support: support@zfco.com

The General Data Protection Regulation has been enacted within the European Union to provide specific protections for those individuals who provide personal data from those jurisdictions.

• ZF will use PII data ONLY for the intended purposes.
• ZF will notify you in the event of a breach or incident in which your PII data security is compromised.
• You have the right to contact ZF to request to review, or erasure of your PII data or to request the limitation of use and disclosure of your PII data. (see contact info below)
• You have the right to file a complaint directly with the appropriate Data Protection Authority. Please go to http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm for information on the identity and location of any specific EU Data Protection Authority.

ZF would greatly appreciate hearing from any EU individuals with a question or complaint regarding the handling of their personal data. We can be reached at:

Call ZF Customer Support: 801-705-9375 or
Email ZF Customer Support: support@zfco.com

The European Commission, Swiss Government and UK Government has determined that the United States does not currently meet their requirements for “adequacy” regarding the processing of EU, UK and Swiss personal data within the United States. Since ZF processes all data in the US, we have self-certified with the EU-U.S. Data Privacy Framework program (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework program (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce which provide an additional level of security for EU, UK and Swiss data to accommodate adequacy requirements.

For the purposes of Data Privacy Framework compliance, ZF is subject to the investigatory and enforcement authority of the United States Federal Trade Commissions.

ZF complies with the EU-U.S. Data Privacy Framework program (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. ZF has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Zenger Folkman has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. Pursuant to the Data Privacy Framework ZF commits to the following:

• We acknowledge the right of EU, UK and Swiss individuals to access their personal data. Those persons wishing to exercise this right may do so by contacting ZF Customer Support at the end of this section.
• ZF utilizes a third party to host and process all assessment data.
• ZF may be liable for the onward transfer of EU, UK and Swiss personal data to agent third parties unless we can prove we were not a party to the events giving rise to the damages.
• ZF is obliged to inform EU, UK and Swiss individuals that we may be required to reveal personal data in response to lawful requests from public authorities including to meet national security and law enforcement requirements.
• ZF will not use, rent, or sell data to third parties for purposes other than those for which the data was provided or subsequently authorized.
• ZF does not rent or sell PII to non-agent third parties. If this practice should change in the future we will update this policy accordingly and provide individuals with opt-out (for non-sensitive PII) or opt-in (for sensitive PII) as necessary.

In compliance with the EU-US Data Privacy Framework Principles, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), ZF commits to resolve complaints about our collection or use of your personal information transferred to the United States pursuant to the EU-U.S. DPF, the UK extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. European Union, Swiss and United Kingdom individuals with inquiries or complaints should first contact ZF Customer Support at:

Call ZF Customer Support: 801-705-9375 or
Email ZF Customer Support: support@zfco.com

ZF has further committed to refer unresolved DPF Principles-related complaints to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf