Welcome to the Kaylyn Group (Kaylyn) Interview Software. This Agreement governs your use of this website, and your used services through this website.
1. GENERAL TERMS APPLICABLE TO YOUR USE OF THIS SITE
The following provisions are specific to your access to this web site.
1.2 Amendments To This Agreement
1.2.1 Kaylyn may amend this Agreement at any time. Kaylyn will send any amendment to this Agreement to your email address of record and post such amendment to the website. An amendment to this Agreement becomes effective upon Kaylyn posting it to the website.
1.3 License To Use The Site
1.3.1 Kaylyn grants you an individual, non-transferable license to use this website to learn about, purchase and use the services sold herein and to communicate with Kaylyn. You may not use this website for any other purpose
1.3.2 Kaylyn may revoke this license and terminate your account on this website at any time for any reason, without notifying you.
1.4 Kaylyn IP
1.4.1 You understand that the content, organization, graphics, design, compilation, digital conversion and other materials related to the Kaylyn services are the property of Kaylyn and are protected pursuant to applicable copyright, trademark and other proprietary rights laws.
1.5 Account Management
1.5.1 If you have been issued an account by Kaylyn in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Kaylyn, are responsible for any activity occurring in your account (other than activity that Kaylyn is directly responsible for), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Kaylyn immediately.
1.5.2 Accounts may not be shared and may only be used by one individual or business per account.
1.5.3 You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Kaylyn will not be liable for any failure to store, or for loss or corruption of, your Content.
2. WARRANTIES, INDEMNIFICATION AND LIMITATIONS ON YOUR RIGHT TO RECOVER
This section contains important limitations to your rights to recover damages from Kaylyn in the event of a dispute. Certain sections are required by law to be made conspicuous. Those sections are presented in bold, italic type. Please read this section carefully.
2.1 You Indemnify Kaylyn and Its Agents
2.1.1 You indemnify Kaylyn and its agents against all claims arising out of or related to your breach of this Agreement, such indemnification to include the payment of damages and reasonable attorneys fees and other costs Kaylyn may incur to defend against a claim.
2.1.2 Kaylyn’s agents include its officers and employees.
2.2 Your Warranty of Non-Infringement
2.2.1 You warrant that you are either the owner of all rights in material you submit to Kaylyn, or that you are authorized by the owner of the material to print or distribute material you submit to Kaylyn for processing. You further warrant that your intended use of such material will not infringe any right of the owner of such material.
2.3 Kaylyn’s Disclaimer of Warranties Of Functionality Of The Website
2.3.1 Kaylyn disclaims any warranty that your use of the website will be uninterrupted, timely, secure, or free from error. Kaylyn disclaims any warranty that information on the Kaylyn website will be accurate or reliable. Kaylyn disclaims any warranty that defects in the website will be corrected.
2.4 Limitation of Liability
2.4.1 You use this website at your own risk. Kaylyn will not be liable for damages arising from or related to your use of the Kaylyn website or from your use of services purchased via the Kaylyn website, regardless of the form of action, whether in contract, tort or any other theory of damages, even if you have been advised of the possibility of such damages.
2.4.2 In no event shall Kaylyn or any of its employees or officers be liable to you for any indirect or consequential loss or damage including, without limitation, any;
220.127.116.11 loss of actual or anticipated profits
18.104.22.168 loss of revenue;
22.214.171.124 loss of business;
126.96.36.199 loss of opportunity;
188.8.131.52 loss of anticipated savings;
184.108.40.206 loss of good will;
220.127.116.11 loss of reputation;
18.104.22.168 loss or damage to or corruption of data;
22.214.171.124 loss of use of money or otherwise.
2.5.1 As the exclusive means of resolving any disputes arising out of or relating to this Agreement, you may submit any such dispute to arbitration administered by the American Arbitration Association under its commercial arbitration rules, and you consent to any such dispute being so submitted. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction.
2.5.2 Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
2.6 Attorney’s Fees
2.6.1 Kaylyn is entitled to recover from you reasonable costs and attorney’s fees it may expend in representing itself in a dispute with you arising out of or relating to this Agreement, whether such dispute is adjudicated in a court or arbitrated.
2.7 Claim Limitation
2.7.1 Any claim you may have against Kaylyn arising out of or related to this Agreement is barred if not initiated within one year of the act that you claim caused the damage that leads to the dispute, irregardless of when such act or such damage is discovered.
3. GENERAL AGREEMENT CLAUSES
The following clauses address miscellaneous issues that may arise during the existence of this contract.
3.1 Assignment of Rights and Delegation of Duties
3.1.1 You may not assign the rights granted to you by this Agreement or delegate the duties assigned to you by this Agreement without Kaylyn’s prior written consent. In the event you attempt to assign your rights or delegate your duties, any purported assignment or delegation is void. Kaylyn may assign the rights granted in this Agreement or delegate the duties it assumes under this Agreement at any time without notifying you or obtaining your consent.
3.2.1 No provision in this Agreement may be waived. Neither trade usage nor a course of dealings between Kaylyn and you will operate as a waiver of a provision of this Agreement.
3.3 Applicable Law
3.3.1 The laws of Commonwealth of Virginia, without regard to its law about the conflict of laws, governs this Agreement and any dispute arising out of or related to it.
3.4 Entire Agreement
3.4.1 This document constitutes the sole expression of your agreement with Kaylyn. The provisions of this Agreement cannot be explained or modified orally or through evidence of trade usage or a course of dealings. No provisions of this Agreement may be added or deleted orally or through evidence of trade usage or a course of dealings.
3.5.1 If any provision of this Agreement is judged unenforceable the remaining provisions of this Agreement remain in full force, if the essential terms of this Agreement remain enforceable.
3.6 Termination of Account for Violations
3.6.1 If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Kaylyn website to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Agreement terminates when we delete your account.
3.7.1 The U.S. District Court for the Eastern District of Virginia, or the Circuit Court of Fairfax County, Virginia, are the only venues in which a suit arising out of or related to this Agreement may be adjudicated, with the exceptions that judgment on an award in arbitration of this Agreement may be entered in any court having jurisdiction.
3.8 Further Information
3.8.2 Electronic Mail: Through our Contact Us page. http://new.kaylyngroup.com/contactus
Contact page: http://new.kaylyngroup.com/contactus
Information We Collect and How We Use It
We may collect the following types of information:
- 2. Log Information – When you visit our site, our servers automatically record certain technical information about your visit, such as the url you requested, your interaction with a service at that url, your internet protocol address, your browser type, browser language, the date and time of your request, and the information contained in one or more cookies that may uniquely identify your browser or your account.
- 3. User Communications – If you use our website to communicate with us, we may retain those communications to process your inquiries, respond to your requests and improve our services.
- 4. Registration Information for Employers – Employers need a Kaylyn account before we can create the Applicant Pre-Interview tool. We collect the employer’s username, password and email address, which is stored on the site.
- 5. Applicants Pre-Interview Data -We store Pre-Interview responses and data submitted by the Applicant. The Pre-Interview tool generates corresponding scores rating the Applicant that will be temporarily saved on our servers for employers to access.
- 6. Other Data you Intentionally Share – We may collect your personal information or data if you submit it to us in other contexts. For example, if you provide us with a testimonial.
In addition to the uses of specific information described above, we may use information you provide us to provide, maintain, protect, or improve our services, and develop new services; or to protect our rights or property or the rights or property of our users. If we use your information in a manner different than the purpose for which it was collected, we will ask for your consent prior to making such use of the information.
We only share your personal information with companies or individuals outside of Kaylyn in the following circumstances:
1. With your opt-in consent
2. In a situation where we have a good faith belief that either (a) sharing your information is necessary to satisfy a law, regulation, legal process or government request, (b) sharing your information is required to enforce our terms of service, including investigating potential violations of the terms of service, (c) sharing your information is necessary to detect, prevent, or otherwise address suspected fraud, security or technical issues, or (d) sharing your information is necessary to protect against harm to us, our users or the public.
Accessing and Updating Employers’ Personal Information
When an employer uses our services, we do not provide access to an employer’s personal information so that it may be updated or deleted. If the information is incorrect, an employer may ask us to update it or delete it, and we will do so if it is not otherwise required to be retained by law or for a legitimate business purpose. If an employer wishes us to update or delete data, we will ask the employer to identify themselves and specify the data they wish to be changed before we process such a request. We may decline to process a request that is unreasonably repetitive or systematic, that requires technical effort disproportionate to the benefit to you of the modification, or that would be impractical. Because of the way we maintain certain services, after you delete your information, it may take a period of time for such changes to display on our active servers, and the information may remain in our backup systems.
Applicants’ Pre-Interview Responses to Employers
We host a Pre-Interview tool for employers; however, Kaylyn is the primary curator of the Pre-Interview data. Anything expressly disclosed in Pre-Interviews will be provided to the employer. Applicants should contact the employer directly to understand how the employer might share their Pre-Interview responses.
Applicants’ Rights to Information
Because we collect Pre-Interview answers on behalf of employers, Applicants will need to contact the employer if they want to access, update, or delete anything in their responses.
Kaylyn’s Rights to Applicant Information
Applicants’ Pre-Interview answers are owned by Kaylyn, and we treat that information as private. Kaylyn will not sell Pre-Interview responses to third parties and we will not use any contact details collected in Applicants’ responses to contact Applicants unless the Applicant so chooses.
Deletion of Applicants’ Data
Applicant’s data will be stored on the Kaylyn website as long as the position the Applicant applied for remains open. Once the position is filled, the Applicant data stored on our servers is deleted immediately. For those Applicants that choose to be notified about future employment opportunities, Applicant data limited to name and email will remain on our servers. Employers will no longer have access to that Applicant data.
We take appropriate security measures to protect against unauthorized access to or manipulation of your personal information. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to those of our employees who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Cancellation of Employer Account
To cancel and delete an employer account, please contact Kaylyn. Deleting an employer account will cause all the active Applicant data in the account to be permanently deleted, as permitted by law, and will disable employer access to any other services that requires a Kaylyn account. We will respond to any such request, and any appropriate request to access, correct, update or delete any employer personal information within the time period specified by law (if applicable) or without excessive delay. We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).
We regularly review our compliance with this policy. If we receive formal written complaints in regards to information to which this policy applies, we will contact the complaining individual regarding his or her concerns. We will cooperate with the appropriate regulatory authorities to resolve any complaints regarding the transfer of personal data that cannot be resolved directly between us and the complaining individual.
Changes to this policy
We may change this policy from time to time. If we do change the policy, we will not reduce your rights without your consent. We will post any changes to the policy on this page, and if the changes are significant, we will provide a prominent notice of the change, either by posting somewhere on our website or by sending you an email notice.