Your use of this website is strictly subject to the terms and conditions of use set out below. By using this website you are agreeing, and you are signifying your agreement, to be bound by these terms and conditions. If you do not agree with all or any of these terms and conditions, as from time to time amended, you should immediately cease using the site.
CONTROL AND USE OF THE WEBSITE
1. Kainos Group and its affiliates including kainos Worksmart (“Kainos” or “we”) reserve the right to change the content, presentation, performance, user and facilities and availability of any part of this website at its sole discretion, including these terms and conditions of use, and you should check these terms and conditions of use regularly for any changes.
2. Occasionally Kainos may: a change the technical specifications of this website or any portion thereof; or b. suspend this website or any portion thereof for operational reasons such as repair, maintenance or improvement of this website or any portion thereof or because of an emergency or change the system resource limits applicable to your use of this website or any portion thereof.
3. You may not use this website or any part of it to engage in activities which:-
a. infringe the proprietary or intellectual property rights of Kainos and/or its licensors and/or third parties;
b. compromise the privacy of others;
c. are immoral, illegal or advocating of illegal activity;
d. destroy the integrity of any data or other computer based information;
e. violate local, state, or national laws of any country;
f. impersonate another person;
You hereby agree to indemnify and hold harmless Kainos against any claims, proceedings and actions taken and all damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action arising as a result of your breach of this condition.
COPYRIGHT AND REPRODUCTION NOTICE AND LIMITED LICENSE
4. All information, content, software, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (the “Materials”), contained in this website are protected by copyright, trade mark, database right, and other intellectual property laws, under national laws and international treaties and are the property of Kainos, its licensors or their respective owners.
5. You are granted a limited non-transferable, non-exclusive license solely for your own use to refer to, bookmark or point to any page within this website, and to download the Materials contained on this website to a single personal computer, and to print a single hard copy of the Materials contained on this website for your own personal reference, provided however that all copyright, trademark and other proprietary notices are left intact. The grant of this limited license is conditional on your agreement to and your compliance with, all of these terms and conditions of use. Any other use of the Materials on this website, including without limitation, any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, re-publication, extraction, reutilization, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior written permission of Kainos, is strictly prohibited and is in violation of the legal and other propriety rights of Kainos and/or its licensors.
6. Use of this website is at your own risk. You assume complete responsibility for, and risk of, loss resulting from downloading, using, referring or relying on, Materials, or any other information obtained from your use of this website. You agree that Kainos and providers of telecommunications and network services (web site designers and web site facilities providers) to Kainos will not be liable for damages arising out of your use or your inability to use this website, and you hereby waive any and all claims with respect thereto, and whether based on contract, tort (including negligence) or other grounds.
7. This website, the Materials and the documentation are available to all users “as is” without any representations or warranties of any kind, either express or implied. To the greatest extent permitted by applicable law, Kainos excludes all other warranties express or implied, statutory or otherwise as to the quality, accuracy, timeliness, completeness, merchantability or fitness for a particular purpose of the Materials, documentation, information, goods and/or facilities advertised or accessed via this website.
8. Kainos makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. Kainos expressly excludes liability for any infection by computer virus, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Kainos, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website.
9. Kainos makes no representations, warranties or undertakings about any content of or information on any other website referred to or accessed by hypertext link through this website or from which this website is referred to or accessed by hypertext link (“third party site”). Kainos does not endorse or approve the content of any third party site, nor will Kainos have any liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content or services of any third party site, and any and all liability which might arise out of, or in connection with, your use or reliance on the services, content of or information on, or the performance of, any third party site is excluded. Kainos does not represent or guarantee that the controller of any third party website will respect your privacy in the same manner as Kainos.
LIMITATION OF LIABILITY
10. To the fullest extent permitted by applicable law, neither Kainos nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Materials, the documentation and/or facilities offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of savings or anticipated savings, loss of or damage to property and claims of third parties, or wasted management time even if Kainos has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In no event shall Kainos’ liability to you exceed Stg100.00. In using this website, you are agreeing, and you are signifying your agreement, to be bound by this limitation on the liability of Kainos.
DATA PROTECTION AND PRIVACY STATEMENT
11.1 Data Protection Laws
Kainos respects your right to privacy in relation to your interactions with this website. Any information which is provided by you will be treated in accordance with the terms of the Data Protection Act 1998 and from May 2018 the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) (“Data Protection Laws”) By visiting our websites or providing us with your personal information, you consent to the collection, processing, and storage of your personal information as described in this Privacy Statement. If at any time after giving us this information you decide that you no longer wish us to process this information, you require us to correct the information, you require access to this information, or you require us to delete this information in accordance with your rights under the Data Protection Laws, you are free to notify us, and we will deal with your request within the timeframe required under Data Protection Laws. Kainos is fully cognisant of its responsibilities under the Data Protection Laws and will at all times and in all respects comply with its statutory responsibilities relating to the processing of your personal data.
11.2 This Privacy Statement describes the personal information we collect about you as a visitor to our websites such as https://www.kainosworksmart.com/, and https://app.continual.ly/kainos-worksmart/ with whom we share it, and describes your choices regarding certain types of processing. If you have any questions regarding this Privacy Statement, contact firstname.lastname@example.org or see the “Contact Us” section later in this statement.
11.3 Information collected
Kainos collects, processes, and retains information about you when you visit our websites. You may choose to provide us with information, such as your name, email address, company information, street address, telephone number, or other information, so we can follow up with you after your visit following your consent for us to do so. We may combine other publicly available information related to the organisation that you work for with the information that you provide to us. Kainos or Kainos service providers may observe your activities, interactions, preferences, transactional information, and other computer and connection information (such as IP address) relating to your use of our websites and our services. We may also use log files, cookies and similar technologies to collect information about the pages you view, links you click on, and other actions you may take when accessing our websites, services, or emails. For more information about our use of these technologies and how to manage them, see our “Cookies and similar technologies” section below.
11.4 Customer data
11.5 Use of your information
Kainos uses the information we collect about you to:
- Respond to your enquiries or fulfil your requests;
- Provide you with the Kainos websites and any support you may request;
- Send you information that we believe may be of interest to you, such as product announcements, articles, webinar invites, whitepapers, educational materials, and upcoming events;
- Understand how our websites and services are being used;
- Personalise your experience on our websites and present products or features that are tailored to your interests;
- Prevent, detect, mitigate, and investigate fraudulent or illegal activity; and
- As described to you when we collect the information and your consent to process your personal information.
Kainos does not share, sell, rent, or trade personal information collected through its websites with third parties for their sole promotional purposes or as otherwise outlined in this Privacy Statement. Kainos may share information with third-party service providers contracted to provide services on our behalf. These third-party service providers may only use information we provide to them as requested and instructed by Kainos.
Kainos may offer, solely or jointly with third parties, webinars, white paper downloads, or other services related to Kainos offerings or services. We may share your contact information and product interest in these offerings or services with third parties to communicate with you.
Kainos may disclose information in special cases when we have a good faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect and defend our rights or property; (c) enforce the website Terms and Conditions; or (d) act to protect the interests of our users or others.
If Kainos goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal information collected through our website(s) may be among the assets transferred. A prominent notice will appear on our website(s) for 30 days after any such change in ownership or control of your personal information.
11.7 Collections of non-personal information
11.9 Amendments to Privacy Statement
Kainos reserves the right in its sole discretion to amend this privacy statement at any time. Kainos will take reasonable steps to bring such changes to your attention; however, it is your responsibility to check this privacy statement regularly for any amendments.
12 COOKIES AND SIMILAR TECHNOLOGIES
We use web beacons or transparent GIF files, that may be included on our websites and messages, that are typically used in conjunction with cookies, to help us manage our online advertising and measure its effectiveness, identify our users, and analyse traffic. Web beacons may also assist us with understanding which advertisements are most effective by notifying us if web pages, emails, or ads have been viewed or clicked. The information that we collect by means of these technologies is anonymous.
We may also use other technologies similar to cookies and web beacons such as HTML5 local storage, local shared objects, tags, and scripts. These technologies are used for similar purposes as cookies and web beacons. These technologies can operate across all of your browsers, and in some instances will require additional steps beyond browser settings to manage their use and removal. We and our third-party partners use these technologies to provide certain features on our website, to display advertising based on your web browsing activities, and/or to store content information and preferences. Various browsers may offer their own management tools for removing these technologies.
12.2 We do not use data from which you can be individually identified. The table below sets out what cookies we use and why:
|Google Analytics||†||1 year||These cookies are used to measure visitor behaviour and usage patterns, such as the time spent on site, number of visits or what pages were viewed during a visit.All information is anonymous and reports always show aggregate, not individual data. Click here for an overview of privacy at Google.|
|YouTube||Persistent||240 days||These cookies are used to measure visitor behaviour and usage patterns, such as the number of visits or what videos were viewed during a visit.All information is anonymous and reports always show aggregate, not individual data.|
12.3 How to delete cookies
Most browsers are set to automatically accept cookies. If you’re using Microsoft’s Internet Explorer, Mozilla Firefox, Google Chrome or Safari you should be able to configure your browser to restrict or block cookies, or you may wish to delete them, by going to your browsers settings. Below are short instructions for how to do this in the four most popular browsers:
Microsoft Internet Explorer: Click the ‘Tools’ icon in the top right hand corner and select ‘Internet options’. In the pop up window select the ‘Privacy’ tab. From here you can adjust your cookie settings;
Google Chrome: Click the spanner in the top right hand corner and select ‘Settings’. From here select ‘Under the hood’ and change the settings under ‘Privacy’.
Mozilla Firefox: From the drop down menu in the top left hand corner select ‘Options’. In the pop up window select the ‘Privacy’ tab. From here you can adjust your cookie settings.
Safari: From the settings drop down menu in the top right hand corner select ‘Preferences’. Select the ‘Security’ tab and from here you can adjust your cookie settings.
12.4 Do Not Track
Without a common industry or legal standard for interpreting Do Not Track (DNT) signals, Kainos does not respond to browser DNT signals. We will continue to monitor the further development of a DNT standard by the privacy community and industry.
12.5 Online advertising
Some online advertising uses information collected about your web browsing behaviour, such as the pages you have visited or the searches you have made. This information may be used to display more relevant content to you on the Kainos website. This information may also be used to display Kainos employment opportunities to you if, for example, you have visited our careers page. The information collected is linked to an anonymous cookie ID (alphanumeric number); it does not include any information that could be linked back to a particular person, such as their name, address, or credit card number. The information used for targeted advertising may come from Kainos or through third-party ad networks.
If you would like to opt out of targeted advertising on our websites, please visit our Email Subscription Management Center at https://go.kainosworksmart.com/Subscription-Management.html. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.
12.6 Data processing
Personal information collected by Kainos will be stored and processed in the United Kingdom or in any other country where Kainos or its affiliates, subsidiaries or third party service providers maintain facilities. When you provide personal information to Kainos, you consent to the processing and transfer of your information within the United Kingdom and around the world.
12.7 Social media features and widgets
Our websites include social media features, such as YouTube videos, the Facebook Like button, and widgets such as the “share this” button or interactive mini-programs that run on our websites. These features may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with these features are governed by the privacy statement of the company providing it.
Kainos employs industry standard security measures to ensure the security of information. However, the security of information transmitted through the internet can never be guaranteed. Kainos is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of information. In order to protect you and your information, Kainos may suspend your use of a website, without notice, pending an investigation, if any breach of security is suspected.
If at any time after registering for information, your personal information changes or you change your mind about receiving information from us, send us a request specifying updated information or your new choice. Simply send your request to email@example.com or by post using the contact information listed below. Use the same email address if you do not wish to receive our newsletters, including the Kainos Worksmart/Smart newsletter.
15 CONTACT US
If you have any questions or complaint regarding our Privacy Statement or if you need to update, change or remove information, you can do so by contacting firstname.lastname@example.org or by post addressed to:
4-6 Upper Crescent,
If you wish to request that we no longer use your information to provide you services, require access to your information or would like us to delete your information contact us via the above information. We will respond to your request to access or delete your information within 30 days. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you have an unresolved EEA or Swiss privacy or data use concern that we have not addressed satisfactorily, please contact the relevant EU data protection authority or the Swiss Federal Data Protection and Information Commissioner, as applicable.
16. EU–US AND SWISS-US PRIVACY SHIELD STATEMENT
Kainos complies with both the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. Kainos has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern.
To learn more about the Privacy Shield programme, and to view our certification, please visit https://www.privacyshield.gov/.
Please click https://www.kainosworksmart.com/legal/worksmart-incs-eu-us-privacy-shield-notice/
to view our EU–US Privacy Shield Notice.
17. CHANGES TO THIS PRIVACY STATEMENT
We reserve the right to change or update this Privacy Statement at any time. Changes to the Privacy Statement will be posted on this website and links to the Privacy Statement will indicate that the statement has been changed or updated. We encourage you to periodically review this Privacy Statement for any changes. For new users, changes or updates are effective upon posting. For existing users, changes or updates are effective 30 days after posting.
19. PERSONAL INFORMATION KAINOS PROCESSES
In the normal course of using the Kainos Smart Service, Customers will input electronic data into the Kainos Smart system (“Customer Data”). The use of information collected through our service shall be limited to the purpose of providing the service for which the Customer has engaged Kainos. Kainos may access Customer Data for the purposes of providing the Service, preventing or addressing service or technical problems, responding to support issues, responding to Customer’s instructions or as may be required by law, in accordance with the relevant agreement between Customer and Kainos.
Kainos processes Customer Data under the direction of its Customers, and has no direct control or ownership of the personal data it processes. Customers are responsible for complying with any regulations or laws that require providing notice, disclosure and/or obtaining consent prior to transferring the data to Kainos for processing purposes.
An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his or her query to the Kainos Customer (the data controller). If the Customer requests Kainos to remove the personal data to comply with data protection regulations, Kainos will respond to their request within 30 business days.
Kainos will refer any request for disclosure of personal data by a law enforcement authority to the Customer. Kainos may, where it concludes that it is legally obligated to do so, disclose personal data to law enforcement or other government authorities. Kainos will notify Customer of such request unless prohibited by law.
20. ACCESSING THE SERVICE
Customers and their authorized users may access the Service directly through a URL unique to their individual tenant, or may elect to use internal launch pages for single sign on or other purposes. Customers input information for processing and storage as they use the Service. Customers may also configure the Service to allow end users to input information directly into the Service.
21. DATA RETENTION
Kainos retains Customer Data according to the timeframes set forth in the relevant agreement with its Customers.
22. Any waiver of any provision of these terms and conditions must be in writing and signed by Kainos to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms and conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These terms and conditions represent the entire understanding and agreement between you and Kainos relating to use of this website, and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and by Kainos.
23. Nothing in these terms and conditions shall create or are being deemed to create a partnership or joint venture between Kainos and any other user of this website or the relationship of principal and agent between Kainos and any other user of this website.
24. These terms and conditions are not made for the benefit of, nor shall they be enforceable by, any person other you and Kainos (and Kainos’ permitted assignees under clause 26).
25. This website is controlled and operated by Kainos Group plc, a publically traded company registered in England/Wales under company number 9579188, having its registered offices at 4-6 Upper Crescent, Belfast, BT7 1NT. Kainos does not make any representation that materials and/or the documents offered through this website are appropriate or suitable for use in countries other than England/Wales, or that they comply with any legal or regulatory requirements of such other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this website, the materials and/or documentation offered through this website or any part of them, available in your country, or to you (whether by reason of nationality, residence or otherwise), this website, the materials and/or the documentation offered through this website or any part of them are not directed at you. These terms and conditions of use shall be governed by and construed in accordance with the laws of England and Wales, and you hereby agree for the benefit of Kainos, and without prejudice to the right of Kainos to take proceedings in relation to these terms and conditions of use before any other court of competent jurisdiction, that the courts of England and Wales shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with these terms and conditions of use, and for such purposes you irrevocably submit to the jurisdiction of such courts.
26. You cannot, without the prior written consent of Kainos, assign any of your rights or obligations under these terms and conditions.
27. Kainos may assign or sub-contract the whole or any part of its rights or obligations under these terms and conditions without restriction.
Last updated: January 2018
For more about what Kainos is doing about GDPR, click here