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I agree to Performax360 Terms of Use and Privacy Policy End-User License Agreement (EULA) x

IMPORTANT-READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PERFORMAX INC. FOR THE PERFORMAX SOFTWARE PRODUCT ACCOMPANYING THIS AGREEMENT, WHICH MAY INCLUDE COMPUTER SOFTWARE, ASSOCIATED MEDIA, PRINTED MATERIALS AND ONLINE OR ELECTRONIC DOCUMENTATION ("SOFTWARE"). BEFORE CONTINUING WITH THE INSTALLATION OF THE SOFTWARE, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT THAT FOLLOWS ("AGREEMENT"). IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE AGREEMENT, DO NOT PROCEED WITH THE USE OF PERFORMAX360.

1. GRANT OF LICENSE.

Performax grants you a nonexclusive and limited license to use the Software products and functionalities for which you have paid the applicable fees solely for your internal business purposes and in accordance with the terms and conditions of this Agreement. The Software is licensed, not sold, to you. This license does not apply to any other software program provided with the Software, including promotional software, which is governed by the online software license agreement included with that software. "Performax" is Performax Inc. or one of its subsidiaries.

2. INSTALLATION AND USE.

You may install and use the Software, in the Software as a Service (SaaS) version or On-premise version, only in the configuration and for the number of licenses acquired by you. You may also install non-production copies of the Software as is reasonably necessary for disaster recovery, emergency restart and backup, including, but not limited to making copies for such purposes for use at one or more disaster recovery sites. In order to exercise your rights to the Software under this License Agreement you must activate your copy of the Software in the manner described during the launch sequence. Performax may control the number and type of licenses and the use of the Software by key codes.

3. LICENSE TYPES AND DEFINITIONS.

3.1. Concurrent Access License ("CAL"). When the Software is licensed on a Concurrent Access basis, the aggregate number of end users accessing the Software at any one time may not exceed the number of CALs you have obtained. CAL(s) are assigned to a particular Deployment, and may not be shared among different Deployments. When using Concurrent Access licenses, you may not utilize a program or system to cache or queue report requests.

3.2. Evaluation License. An Evaluation license may be used only for the number and type of licenses specified and for the period specified on the Software packaging, ordering or shipping documentation. An Evaluation License may only be used for evaluation purposes and may not be used for production purposes. You may not re-sell or otherwise transfer an Evaluation License. Notwithstanding any other provision of this Agreement, Software provided under an Evaluation licenses is provided "AS-IS" without warranty of any kind, express or implied. An Evaluation License may be terminated by Performax at any time.

3.3. Definitions. "Deployment" means a single installation of one of the following Software modules: Core Functions, Support Functions, or Enterprise-Wide assessment products. "Project" means one or more Deployments (a) providing the same or substantially similar reports; (b) utilizing the same or a substantially similar custom application interface; or (c) used with applications consisting of related modules or components.

4. PRODUCT SPECIFIC USE RIGHTS.

4.1. Functional Assessments. Purchasing an internal functional assessment allows you to leverage the software features and functionalities related to those assessments, including data collection, and reports review.

4.2. Best Practices Knowledgebase. For each assessment, Performax360 provides you access to a best practices knowledgebase, comprising 1000+ critical success factors; 2,000+ key performance indicators; and 25,000+ ideas for action. You are not authorized to copy or sell the content to persons inside or outside your organization.

4.3. ExpertConnect. Users can access the expert connect platform through Performax360, which allows you to gain access to senior external consultants, and hire them for consulting work. Users are not authorized to copy consultant profiles and sell them for profit.

4.4. Collaboration Hub. Users have access to context-specific collaboration hub chatrooms. Assessors, Expert Panel Members, Key Persons Accountable, and Executive Management may access the collaboration hub.

4.5. Advanced Analytics. Users have access to advanced analytics features through the analytics, cognitive, and enterprise packages.

4.6. VoiceDirect. Users may utilize the voice-interactive features of Performax360, as needed.

4.7. Performance Alerts. Executive Management may use the assessment configurator to customize performance alert parameters, and receive positive and negative performance alerts.

4.8. Assessment Configurator. Executive Management may configure assessment administrative features by using the assessment configurator, e.g., company branding, timelines, authority delegation to assessment administrator, mission vision and values, assessment configurator, etc.

4.9. PowerPoint Presentation Generation. Users may generate real-time assessment result reports the PowerPoint presentation format, and edit them as required.

5. OWNERSHIP

Performax and/or its suppliers retain all right, title and interest in and to the Software and all copies at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. You neither own nor hereby acquire any claim or right of ownership to the Software or to any related patents, copyrights, trademarks or other intellectual property. You agree to use reasonable efforts to prevent and protect the contents of the Software from unauthorized disclosure or use. Performax and/or its suppliers reserve all rights not expressly granted to you. Performax' suppliers are the intended third party beneficiaries of this License Agreement and have the express right to rely upon and directly enforce the terms set forth herein.

6. COPYRIGHT

The Software is copyrighted by Performax and is protected by United States copyright and patent laws and international treaty provisions. You may not copy the Software except: (a) to provide a backup copy; or (b) to install the Software components licensed by you, as set forth in Sections 2 and 3, on to computers as part of executing the Software. Solely with respect to the documentation included with the Software, you may make a reasonable number of copies (either in hardcopy or electronic form), provided that such copies shall be used only by licensed end users in conjunction with their use of the Software and are not republished or distributed to any third party. You must reproduce and include all copyright notices, trademarks or other proprietary legends of Performax and its suppliers on any copy of the Software or documentation made by you. Any and all other copies of the Software made by you are in violation of this License Agreement.

7. RESTRICTIONS

Except as expressly permitted by this License Agreement you may not: (a) lease, loan, resell, sublicense, or otherwise distribute the Software; (b) use the Software to provide or operate Application Service Provider (ASP), service bureau, marketing, training, outsourcing services, or consulting services, or any other commercial service related to the Software or to develop training materials; (c) modify or translate the Software except as necessary to configure the Software using the menus, options and tools provided for such purposes and contained in the Software; (d) in any way reverse engineer, disassemble or decompile the Software or any portion thereof except to the extent and for the express purposes authorized by applicable law notwithstanding this limitation; (e) sublicense, assign, rent, sell, lease, distribute or otherwise transfer the Software or any of the rights granted by this License Agreement without the express written permission of Performax; (f) use the Software to develop a product which is competitive with any Performax product offerings; (g) use the Software to develop a product that converts the assessment reports to an alternative report file format used by any general-purpose report writing, data analysis or report delivery product that is not the property of Performax; (h) alter, disassemble, decompile, translate, adapt, or reverse-engineer the report file; (info) use unauthorized keycodes to access additional Software functionality or performance; and (j) disclose any Software results to any third party without Performax' prior written approval. If you wish to develop and/or test an interface to the Software or merge the Software with any other software, you shall inform Performax and Performax, at its option, may provide you with information sufficient to enable interoperability between the Software and such other software or products.

8. LIMITED WARRANTY AND REMEDY.

(a) Performax warrants to you that: for a period of thirty (30) days from the start of the use of the software for the SaaS or on-premise versions, the Software will substantially conform to the functional description set forth in its associated documentation. Any implied warranties on the Software are limited to thirty (30) days from beginning of use, to the extent such warranties cannot be disclaimed under Section 8(c) below. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications, or enhancements, or misapplication. Performax does not warrant that use of the Software will be uninterrupted or error free. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under Support Services, shall not restart or otherwise affect the warranty period. (b) Your exclusive remedy for breach of the above-stated limited warranty shall be, at Performax' option, either: correction or replacement of the Software with product(s) which conform to the above-stated limited warranty; or (ii) return of the price paid for the Software and termination of this License Agreement with respect to those copies not in compliance. Such remedy shall be provided to you by Performax only if you give Performax written notice of any breach of the above-stated limited warranty, within thirty (30) days of the beginning or start of the Software use. (c) EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS SECTION 8 AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS", AND PERFORMAX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY (I) OF MERCHANTABILITY, (II) OF FITNESS FOR A PARTICULAR PURPOSE, OR (III) OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you, and you may have other legal rights that vary from state to state or by jurisdiction.

9. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event will PERFORMAX or its DISTRIBUTORS, SUPPLIERS or AFFILIATES be liable TO you OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUES, LOSS OR INACCURANCY OF ANY DATA, OR COST OF SUBSTITUTE GOODS, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND EVEN IF PERFORMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PERFORMAX AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE PRODUCT LICENSE FEES PAID BY YOU FOR THE PRODUCT OR THE FEES PAID BY YOU FOR THE SERVICE DIRECTLY CAUSING THE DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING ALLOCATION OF RISK IS REFLECTED IN THE FEES CHARGED UNDER THIS LICENSE AGREEMENT. Some states/jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

10. SUPPORT SERVICES.

If you purchased Support Services, Performax will provide to you product support services for the Software in accordance with Performax then current Support Services terms and conditions. If you purchase Support Services for the Software, you must purchase Support Services for all authorized copies of said Software in your possession.

11. TERMINATION.

This Agreement is effective until terminated. You may terminate this License Agreement at any time by providing Performax with written notice, provided that you have complied with the return and/or destruction policy set forth below. However, you shall receive a refund of your license fee only if this Agreement is terminated in compliance with Section 8 hereof. If you ordered an Evaluation License for the Software that is time disabled, this Agreement will automatically terminate after the Evaluation Period, and you agree not to avoid, or attempt to avoid, any applicable time limitation. This Agreement may be terminated by Performax if: you fail to pay the license fees and other charges set forth at the time of your order; or (ii) you fail to comply with any of the terms and conditions set forth in this Agreement and do not remedy such failure within thirty (30) days after receiving notice thereof. Upon any termination of this Agreement, you agree to: immediately cease all use of the Software, including the use and distribution of any Custom Applications incorporating the Software; and (ii) either return the Software to Performax or destroy same, and certify to Performax, in writing, that all copies and partial copies thereof have been returned or completely destroyed and are no longer being used. Sections 5, 6, 8(c), 9, 11, 12, 13, 14, and 15 shall survive any termination of this License Agreement.

12. AUDIT.

During the term of this Agreement and for three (3) years after termination or expiration, Performax may audit, upon reasonable notice to you and at Performax' expense, your books and records to determine your compliance with this Agreement. In the event any such audit reveals that you have underpaid Performax by an amount greater than five percent (5%) of the amounts due Performax in the period being audited, or that you have knowingly breached any material obligation hereunder, then, in addition to such other remedies as Performax may have, you shall pay or reimburse to Performax the cost of the audit.

13. GENERAL.

Except as otherwise preempted by United States federal law, this Agreement is governed by the laws of the State of California, United States, without reference to conflict of laws provisions or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement. This Agreement constitutes the entire agreement between you and Performax, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. This Agreement may not be modified except by an instrument in writing duly signed by an authorized representative of each of the parties. If you are acquiring the Software on behalf of an entity, you represent and warrant that you have the legal capacity to bind such entity to this Agreement. All terms of any purchase order or other ordering document submitted by you shall be superseded by this License Agreement. In the event you and Performax have executed a mutually agreed upon Master Software License Agreement ("MSLA") and acquired the Software pursuant to such MSLA, the terms of the MSLA shall govern your use of the Software and the terms of this Agreement shall be superseded by the MSLA. The product name for the Software is a trademark or registered trademark of Performax. Should you have questions concerning this License Agreement, please contact your local Performax sales office or authorized reseller, or write to: Performax, Attn: Contracts Department, 3690 El Camino Real, Palo Alto, CA 94306.

14. U.S. GOVERNMENT RESTRICTED RIGHTS.

The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995) (or an equivalent provision, e.g., in supplements of various U.S. government agencies, as applicable), all U.S. Government users acquire the Software with only those rights set forth herein. Manufacturer is Performax, 3690 El Camino Real, Palo Alto, CA 94306.

15. EXPORT CONTROLS.

You acknowledge that the Software is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

16. ORDER TERMS.

Purchase orders conforming to Performax purchase order requirements may be accepted from qualified companies. All pre-printed terms of any purchase order shall have no effect. Payment terms are net-30 days from date of invoice. FOB Performax facility. Performax specifically disclaims price guarantees of any kind. You are responsible for payment of all applicable sales, use, consumption, VAT, GST, and other taxes and all applicable export and import fees, custom duties and similar charges, excluding taxes based on Performax net income. Please indicate below whether you accept, or do not accept, the terms and conditions of this software license agreement.

Privacy Policy x

PRIVACY POLICY

Performax, Inc. and its Affiliates (“Performax” or “We“) know that you care about how the information we receive from you is used and shared, and we take your privacy seriously. This Privacy Policy describes Performax’s privacy practices in relation to information that we collect through websites operated by us from which you are accessing this Privacy Policy (collectively, the “Domains”), through the software applications made available by us for use on or through computers and mobile devices that link to this Privacy Policy (the “Apps”), through our social media pages and apps (collectively, the “Social Media Pages”), and other services provided by us both online and offline; as well as through HTML-formatted email messages that we send to you that link to this Privacy Policy (collectively, including the Domains, the Apps and the Social Media Pages, the “Sites”). “You” or a “user” refers to any individual who visits or otherwise uses the Sites. By using the Sites, you are accepting and agreeing to the practices outlined in this Privacy Policy.

This Privacy Policy does not apply to the practices of third parties that Performax does not own or control, or to individuals that Performax does not employ or manage. This Privacy Policy also does not apply to information that we receive or handle on behalf of our subscribers in our role as a service provider, such as information that we receive through the Performax Marketing Automation Software Services or other Performax services, including any apps we make available for use by Services subscribers (collectively, the “Services”). Such information is governed by the terms of the applicable services agreement, rather than this Privacy Policy.

You can request a copy of this Privacy Policy by contacting us at privacyofficer@Performax.com.

  • What Types of Information Does Performax Collect About its Users?
  • Personal Information. “Personal Information” is information that identifies you as an individual or relates to an identifiable individual, including: name, title, company name, job function, expertise, postal address, telephone number, or email address. If you submit any Personal Information relating to other people to us or to our service providers in connection with the Sites, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
  • Other Information. “Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. This might include, for instance, browser and device information; App usage data; information collected through cookies, pixel tags, and other technologies; demographic information and other information provided by you; or aggregated information. We use this information to facilitate our operation of the Sites and for other purposes described below.
  • IP Address: Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever you access the Sites, along with the time of the visit and the page(s) that you visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. Performax uses IP Addresses to calculate usage levels of the Sites, help diagnose problems with its servers, administer the Sites, and monitoring the regions from which you navigate to Performax’s Sites.
  • How Does Performax Collect Information? Personal Information. We and our service providers may collect Personal Information in a variety of ways, including:
    • Through the Sites: We may collect Personal Information through the Sites, e.g., when you request a free trial or demo, register for a webinar, contact us, subscribe to our email newsletter, download content (e.g. whitepapers), or register to use our Sites.
    • Offline: We may collect Personal Information from you offline, such as when you attend one of our events, during phone calls with sales representatives, or when you contact customer service.
    • Through You: Performax may collect information such as your location or your preferred means of communication when you voluntarily provide it. Unless combined with Personal Information, this information does not personally identify you or any other user of the Sites. Note that there is no legal obligation for you to provide us with Personal Information and any information collected by us will be provided by you at your own will and with your consent.
    • Information From Other Sources: In order to enhance our ability to provide relevant marketing, offers, and services to you, we may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms, as well as from other third parties.
  • Other Information. We and our service providers may collect Other Information in a variety of ways, including:
    • Through Your Browser or Device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Sites (such as the Apps) you are using.
    • Through Your Use of the Apps: When you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
    • Through Cookies and Other Similar Technologies: Cookies and other similar technologies may be used to collect Other Information. We may use third parties to serve advertisements on other websites that may be of interest to you, based on information collected about your use of our Sites and other websites.  To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags and web beacons).  Performax does not recognize automated browser signals regarding tracking mechanisms, which may include ‘do not track’ instructions. Performax also uses web analytics services, which currently include Google Analytics Service. Google Analytics is a web analytics service provided by Google Inc. (“Google“). Google Analytics uses cookies and similar technologies to analyze how users use the Domains. The information generated about Domain usage (including your shortened IP address) is transmitted to Google in the U.S. This information is used to evaluate visitors’ use of the Domain, compile statistical reports on Domain activity, and provide other services related to the Site and Internet use. Google may also collect information about Domain visitors’ use of other websites.
    • By Aggregating Information: Aggregated Personal Information does not personally identify you or any other user of the Sites (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).
  • How Does Performax Use Personal Information? We may use Personal Information:
    • To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.
    • To send administrative information to you, for example, information regarding the Sites and changes to our terms, conditions, and policies.
    • To communicate with you and provide you with related customer service.
    • To send you marketing communications, including via email and SMS in compliance with applicable laws, that we believe may be of interest to you.
    • To personalize your experience on the Sites by presenting products and offers tailored to you.
    • To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully.
    • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Sites and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
    • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our Affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
  • How Will Performax Share Personal Information It Receives? Information about our users is an integral part of our business. We only share your Personal Information as described in this Privacy Policy.
    Subsidiaries and Affiliates: We may disclose Personal Information to our Subsidiaries and Affiliates for the purposes described in this Privacy Policy. Performax, Inc. is the party responsible for the management of the jointly-used Personal Information.
    Third-Party Business Partners: Performax partners with a variety of businesses and works closely with them to market or sell products or services. In certain situations, these businesses operate within the Sites. We may disclose Personal Information to our partners for the purposes described above. Some of our third-party business partners may co-sponsor events and other offerings with Performax. We may share Personal Information with these co-sponsors when you sign up for events or offerings to allow our partners to send you marketing communications and information that may be of interest to you, as permitted under applicable law.
    Agents and Service Providers: We contract with other companies and people to perform tasks on our behalf and may share your Personal Information with them to provide products or services to you, or to otherwise communicate with you, such as to provide marketing or offers on our behalf. Examples may include removing repetitive information from customer lists, analyzing data, providing marketing assistance, conducting billing, processing credit card payments, engaging technical support for our services, providing customer service, and performing analysis related to our products or services. We may also provide your Personal Information to agents and service providers to verify or compile aggregate usage data that we provide to our partners. When we share this information in this way, we seek to require the agent or service provider to maintain the privacy, confidentiality and security of the Personal Information. Sweepstakes: We may share Personal Information with business partners or other third party sponsors of sweepstakes, contests and similar promotions.
    Performax Blog and Social Media Pages: Personal Information may also be disclosed by you through the Sites, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Performax Blog, at http://blog.performax.com and the Social Media Pages). This information may appear in public ways, such as through search engines or other publicly available platforms, and may be “crawled” or searched by third parties. Please do not post any information that you do not want to reveal to the public at large.
    Business Transfers: In some cases, we may buy or sell assets or businesses. In these types of transactions, user information is typically one of the business assets that is transferred. Performax may disclose Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
    Protection of Performax and Others: We may release Personal Information when we believe that release is necessary or appropriate (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce or apply our conditions of use and other agreements; (e) to protect our operations or those of any of our Affiliates; (f) to allow us to pursue available remedies or limit the damages that we may sustain; and (g) to protect the rights, privacy, property, or safety of Performax, our employees, our Affiliates, our users, or any other person or entity. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
  • How Does Performax Use and Disclose Other Information? We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we do, we will treat the combined information as Personal Information for as long as it is combined.
  • How Does Performax Secure Personal Information About Me? We have implemented organizational, technical, and administrative measures to protect Personal Information within our organization, including security controls to prevent unauthorized access to our systems. While we take reasonable steps to secure your Personal Information from loss, misuse, interference and unauthorized access, modification and disclosure, you should be aware no security procedures or protocols are ever guaranteed to be 100 percent secure from intrusion or hacking, and there is therefore always some risk assumed by sharing Personal Information online. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Questions, Concerns and Complaints” section below.
  • How Can I Access, Correct, Amend or Remove Information About Me? If you would like to access, correct, amend, remove or limit the use or disclosure of any Personal Information about you that has been collected and stored by Performax, please notify us at privacyofficer@Performax.com so that we may consider and respond to your request in accordance with applicable law. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will respond to your request within 45 days. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such access, change or deletion.
  • For How Long Will Performax Retain My Personal Information? We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
  • What Choices Do I Have? You can always opt not to disclose information. However, if you elect to do so, we may be limited in responding to your inquiry or providing services to you. You may opt-out of receiving marketing messages from Performax or our Affiliates by sending an email to privacyofficer@Performax.com, by unsubscribing through the unsubscribe or opt-out link in an email. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages.
  • Can Children Use Performax’s Sites? The Sites are not intended for minors under the age of 18. Performax does not knowingly or specifically collect information about minors under the age of 18 and believes that children of any age should get their parents’ or legal guardians’ consent before providing any Personal Information. If you believe that we have mistakenly or unintentionally collected such information, please notify us at privacyofficer@Performax.com so that we may delete the information from our servers.
  • Third Party Sites The Sites may permit you to link to other websites on the Internet through direct links or through applications such as “share” or “Like” buttons, and other websites likewise may contain links to the Sites. The information practices or content of such other websites is governed by the privacy statements of those websites and not by this Privacy Policy. We encourage you to review the privacy policies found on such other websites, services, and applications to understand how your information may be collected and used. Similarly, please note that we are not responsible for the collection, use and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or the Social Media Pages.
  • Sensitive Information We recommend that you not send us or disclose any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Sites or via other means.
  • Changes to this Privacy Policy Performax Inc. may amend this Privacy Policy from time to time. The “Effective Date” legend at the top of this page indicates when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Sites. Your use of the Sites following these changes means that you accept the revised Privacy Policy.
  • Privacy Shield Certification Performax Inc. complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.  Performax Inc. 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 policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Performax Inc. commits to resolve complaints about our collection or use of your personal information.  EU individuals with inquiries or complaints regarding our Private Shield policy should first contact Performax Inc. at: internalcomplaints@performax360.com

Performax Inc. has further committed to cooperate with EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints [concerning human resources data transferred from the EU in the context of the employment relationship].  If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs for more information or to file a complaint.  The services of EU DPAs are provided at no cost to you.

Performax Inc. is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).  Under certain conditions, individuals and organizations may invoke binding arbitration.

  • International Transfer of Data Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Sites or disclosing information to us you consent to the transfer of information to countries outside of your country of residence, including the United States, Australia, Germany, Ireland, Israel, Japan, and the UK, which may have different data protection rules than those of your country or the country in which you were located when you initially provided the information.

Questions, Concerns or Complaints Your privacy is important to us. If you have any questions, concerns, or complaints regarding the way we collect and handle your information, please contact us by email at privacyofficer@Performax.com or by mail at 3790 El Camino Real, Palo Alto, CA 94306, USA, ATTN: Privacy Officer, Legal. Because email communications are not always secure, please do not include credit card information or other sensitive information in your emails to us. Performax will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.