Swarm Innovation Profiler
(enterprise.swarmvision.com)
Terms of Use

Updated August 4, 2016

The Swarm Innovation Profiler is a product of Swarm Vision Inc. created to help individuals and organizations develop their innovation skills. Your use of Swarm Vision products or services is governed by these Terms of Use. You should not use Swarm Vision products or services if these Terms are unacceptable to you.

By clicking the ‘Agree and continue’ button, you acknowledge that you do not acquire any ownership rights in these copyrighted materials by accessing them. You may not copy, reverse engineer or distribute the materials. You are advised that Swarm Vision aggressively enforces its intellectual property rights to the fullest extent of the law.

By clicking the ‘Agree and continue’ button, you agree not to hold Swarm Vision Inc., its employees, agents, clients or officers, or any of its certified associates liable or otherwise responsible for the results generated from, or the consequences derived from the interpretations and use of, the Swarm Innovation Profiler (the “Profiler”).

Swarm Vision may, in its sole discretion, modify or revise this Agreement and may impose new or additional terms at any time by updating or modifying the Purchase and Use Terms. Changes to the Purchase and Use Terms will be posted to the Swarm Innovation Profiler website (enterprise.swarmvision.com).

Such modifications and additional terms will be effective immediately and incorporated into these Purchase and Use Terms. Continued use of the website, materials, and associated products implies acceptance of the updated and modified terms. Thus, Swarm Vision encourages all users to visit the website periodically to review the Agreement.

Swarm Vision reserves the right to change, suspend, or discontinue any aspect of its Swarm Innovation Profiler products and services at any time, including the availability of any feature, database, or content. Swarm Vision may also impose limits on certain features and services or restrict your access to parts or all of its offerings without notice or liability.

For the purposes of these Purchase and Use Terms, the words content, assessment(s), tool(s), skill clusters(s), and sub-clusters(s), the Profiler nomenclature and Profiler visual designs refer jointly and separately to the Swarm Innovation Profiler and the products and services.

Swarm Innovation Profiler Content

All Profiler-related materials published by Swarm Vision in any form of media, including, but not limited to, text, news articles, photographs, images, illustrations, audio clips, video clips, assessment results, trademarks, service marks, logos, training materials, and other material (collectively, the “Content”), are protected by U.S. and international copyright and other intellectual property laws and are owned or controlled by Swarm Vision, Inc.

You may use the Content on the Swarm Vision website and from Profiler workshops for personal or organizational purposes. You may not copy or republish Content from the website, your personal Profiler results and Interpretation Guide, or workshop materials.

To protect the science and concepts behind Swarm Vision’s Strengths work, Swarm Vision reserves the right to audit any user created content from our client engagements. Based on the results of that audit, Swarm Vision may require modification of the user-created content.

For specific copyright information, please review the Trademark and Copyright Guidelines.

If you are purchasing or accessing Profiler assessments for use by someone other than yourself, you are responsible for complying with the additional Professional Conduct Rules.

Control of Individual Profiler Results

If an employer, coach, consultant, or other individual or entity (collectively, the “Purchaser”) purchases Profiler access for an individual, the Purchaser may be granted access to the results, but the individual will still retain the right to request removal of their results from our database by notifying us at:

Swarm Vision Inc.
PO Box 806
Los Altos CA 94023
admin@swarmvision.com

Purchasers who receive access to individual results have an obligation to protect the privacy and confidentiality of the individual.

The Swarm Innovation Profiler may only be used by individuals aged 18 years and over.

Representations, Warranties, and Limitation of Liability

The Swarm Vision website and Content are provided on an “as is” basis. SWARM VISION, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS. Under no circumstances, including, but not limited to, negligence, shall Swarm Vision, its subsidiaries, affiliates, agents, or licensors be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or the inability to use Profiler materials, products, or services. You specifically acknowledge and agree that Swarm Vision is not liable for any defamatory, offensive, or illegal conduct of any user. You agree that any kind of legal claim (whether in Contract, Tort, or otherwise) in any way connected with the Content on Swarm Vision’s Profiler site shall not exceed the amount you paid to Swarm Vision for the use of the Profiler. If you are dissatisfied with any Profiler materials, products, or services or with any Profiler product terms and conditions, your sole and exclusive remedy is to discontinue using the Profiler-based product.

Indemnification

You agree to indemnify and hold Swarm Vision, its officers, directors, shareholders, predecessors, successor in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Swarm Vision by any third party due to or arising out of or in connection with your use of the Swarm Vision website or the Content.

User Names and Passwords

To access Swarm Vision’s sites and content, you will be provided with a unique user name and password. You are responsible for maintaining the confidentiality of passwords and account information and are responsible for all acts or omissions that occur while your password or account is used. You may not use the Swarm Innovation Profiler, Swarm Vision website, or any Content for any unlawful purpose. You agree to notify Swarm Vision immediately of any unauthorized use of your password or account or any other breach of security and to ensure that you exit your account at the end of each session. Swarm Vision cannot and will not be liable for any loss or damage arising from your failure to protect your password and account information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Swarm Vision’s sole discretion.

Each individual will receive a unique user name and password to participate in the Profiler assessment they purchased or that was purchased for them. Purchasers are responsible for any uses, acts, or omissions while their user name and password are being used.

Purchases

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features from Swarm Vision’s website or other Swarm Vision websites, all of which are made a part of these Use Terms. If there is a conflict between the Use Terms and the terms posted for, or applicable to, a specific portion of any service offered on or through the Swarm Innovation Profiler website, the latter terms shall control with respect to your use of that portion of the website or the specific service.

You agree to pay or have paid all fees and charges incurred in connection with your email address and password for Swarm Vision’s Profiler site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. Swarm Vision may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All purchases are final. No refunds will be granted.

Privacy of Information

The provisions of the Swarm Vision Privacy Policy, which also govern your use of all Swarm Vision websites, are incorporated into these Terms of Use. Use of this website implies acceptance of these Terms of Use and implies that you have read and understand how we collect and use information about you and that you accept those provisions.

Termination

You may terminate your account at any time by discontinuing use of the Profiler program. Swarm Vision may cancel or terminate the right to use the Profiler or any part of the Swarm Innovation Profiler program at any time without notice. In the event of termination, access to the part of the Profiler program affected by such cancellation or termination is no longer authorized.

The restrictions imposed with respect to material downloaded from Swarm Vision sites, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive. This includes, but is not limited to, intellectual property protections.

Miscellaneous

This Agreement constitutes the entire agreement between Swarm Vision and you with respect to the subject matter contained in this Agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral.

By using the Swarm Innovation Profiler website or any Content, you agree that any dispute, claim, or cause of action arising out of or relating to your use of the website or the Content will be resolved by binding arbitration by the American Arbitration Association under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The applicable law shall be the Federal Arbitration Act, applicable federal law, and the laws of the state of California.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Swarm Innovation Profiler website, in violation of any applicable law or regulations, including without limitation United States export laws and regulations.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

During the account registration process, you are given the opportunity to be informed of the latest Swarm Vision offerings and services. Selecting this checkbox is your express consent to opt in to receive additional information and promotional materials via email. You may opt out of this communication at any time in your account settings.

Copyright Guidelines

  • You may not use the Swarm Vision name or Swarm Innovation Profiler name without prior written permission from Swarm Vision Inc.
  • Swarm Innovation Profiler instruments may not be reproduced in any form.
  • You shall not use any Swarm Vision copyright in any manner that states or implies you are employed by, affiliated with, or sponsored by Swarm Vision.
  • Always use the Swarm Vision logo in the way it was intended to be used. Do not alter the mark in any way.

Professional Conduct Rules

In your use of the content, any related Profiler materials, or the Profiler results of another individual for the purposes of coaching, training, or consulting with that individual or an organization, you agree to conduct yourself in a way that reflects positively on Swarm Vision and the Profiler Content. The following Professional Conduct Rules are the minimum expectations Swarm Vision places on the relationships you create with individuals or organizations.

  • You acknowledge that nothing in the Purchase and Use Terms, the Professional Conduct Rules, or your work with Swarm Vision shall be construed as creating a partnership, joint venture, agency relationship, or the granting of a franchise between Swarm Vision and you.
  • You shall not make any representations, warranties, or guarantees to anyone on behalf of Swarm Vision.
  • You will not knowingly make untrue or misleading claims, and you are responsible for setting clear, appropriate, and culturally sensitive boundaries.
  • You acknowledge that Swarm Innovation Profiler assessments are not validated as selection/hiring tools under the Uniform Guidelines promulgated by the EEOC, and as such, you will not use a Swarm Innovation Profiler Assessment as a hiring tool or for selection purposes.
  • You shall not advertise, promote, or suggest in any manner that the services you provide to individuals or organizations in connection with the Profiler Content are provided by or sponsored by Swarm Vision, except to state that, if applicable, you have completed one or more Swarm Vision Innovation workshops, or you have successfully completed all requirements for certification. Additionally, you will not claim that you are employed by, affiliated with, or sponsored by Swarm Vision.
  • You will not claim to be a Swarm Agent unless you complete the requirements to be certified, which includes successful completion of any required recertification programs.
  • You will respect the right of the individual or organization to terminate the consulting process at any time.
  • You will respect the confidentiality of the individual’s or organization’s information, except as otherwise authorized by the individual or organization or as required by law.
  • You will obtain agreement from the individual or organization before releasing their names as clients or references or any other identifying information.
  • You will obtain agreement from any person you consult with before releasing information to another person compensating you.
  • You will accurately create, maintain, store, and dispose of any records of work done in relation to the practice of consulting in a way that promotes confidentiality and complies with any applicable laws.
  • Your use of the Profiler Content shall not harm the reputation of Swarm Vision or the Content.
  • You must notify all participants in writing of Swarm Vision’s copyrights and pending patent. An acceptable example is provided below:
  • The Swarm Innovation Profiler and the Swarm Ideation Profiler are the sole property of Swarm Vision, Inc. and both protected under copyright law and are patent pending.

  • You must notify all participants in writing that you and your company are not authorized representatives of Swarm Vision, and you must include the following in any non-Swarm Vision material:
  • The non-Swarm Vision information you are receiving has not been approved and is not sanctioned or endorsed by Swarm Vision in any way. Opinions, views, and interpretations of Swarm Innovation Profiler results are solely the beliefs of [insert name of company or individual]

Innovation from Swarm Vision

Swarm Vision (formerly Totem)
Privacy Policy
April 5, 2017

Swarm Vision, Inc. (formerly known as “Totem”) complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries.  Swarm Vision (“Swarm Vision”) has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.  If there is any conflict between the policies 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 page, please visit: https://www.privacyshield.gov.

This privacy policy outlines our general policy and practices for implementing the Principles, including the types of information we gather, how we use it and the notice and choice affected individuals have regarding our use of and their ability to correct that information. This privacy policy applies to all personal information received by the Company whether in electronic, paper or verbal format.

“Personal Information” or “Information” means information that (1) is transferred from the EU to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual.

“Sensitive Personal Information” means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.

This Privacy Policy is subject to the investigatory and enforcement powers of the FTC (US Federal Trade Commission).

Principles

Notice: Swarm Vision collects minimum personal information on users of our websites for purposes such as registering for a crowdsourcing community or campaign; transmitting prizes to winners of crowdsourcing campaigns; or for innovation profiling assessments. The Company may disclose personal information to its clients on an aggregated level (e.g. number of members by country). Swarm Vision does not collect sensitive information (i.e., personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual.) Results of the Swarm Innovation Profiler for Enterprise may be shared with your employer. You will be notified before the Company uses or discloses the Information for a purpose other the purpose for which it was originally collected.

Choice: Individuals can choose (opt out) whether their Personal Information is (1) to be disclosed to a third party or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For Sensitive Personal Information, the Company will give individuals the opportunity to affirmatively or explicitly (opt out) consent to the disclosure of the
information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Company shall treat Sensitive Personal Information received from an individual the same as the individual would treat and identify it as Sensitive Personal Information.

Accountability for Onward Transfer: Prior to disclosing Personal Information to a third party, Company shall notify the individual of such disclosure and allow the individual the choice (opt out) of such disclosure. Company shall ensure that any third party for which Personal Information may be disclosed subscribes to the Principles or are subject to law providing the same level of privacy protection as is
required by the Principles and agree in writing to provide an adequate level of privacy protection.

Company may be liable for certain onward transfers to third parties. Notwithstanding the above, Swarm Vision is required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Data Security: Company shall take reasonable steps to protect the Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Company has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Company cannot guarantee the security of Information on or transmitted via the Internet.

Data Integrity and Purpose Limitation: Company shall only process Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual.

To the extent necessary for those purposes, Company shall take reasonable steps to ensure that Personal Information is accurate, complete, current and reliable for its intended use.

Access: Company shall allow an individual access to their Personal Information and allow the individual to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. Individuals may not amend their Innovation Profiler assessments once a page has been submitted.

Recourse, Enforcement and Liability: Company uses a self-assessment approach to assure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the Principles. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with the Principles. If a complaint or dispute cannot be resolved through our internal process, we agree to dispute resolution using (an independent resource mechanism) as a third party resolution provider. Under certain limited conditions, individuals may invoke binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission.

Amendments: This privacy policy may be amended from time to time consistent with the requirements of the Privacy Shield. We will post any revised policy on this website.

EU Residents

In compliance with the EU-US Privacy Shield Principles, Swarm Vision commits to resolve complaints about your privacy and our collection or use of your personal information.  European Union individuals with inquiries or complaints regarding this privacy policy should first contact Swarm Vision at:

Swarm Vision, Inc.
PO Box 806
Los Altos CA 94023
inquiry@SwarmVision.com

Swarm Vision has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Last Updated: April 5, 2017

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