Marketplace is located on a server in Australia. As a consequence, any data provided by you will also be stored and processed in Australia.
Understanding Your rights and responsibilities as a Marketplace user
- You must be a registered member to make use of the Marketplace Database and access the Site.
- When registering and activating Your account, You will provide Us with personal information such as Your name and company details, and valid email address. You must ensure this information is accurate and current.
- Activation of Your account is subject to KPMG’s pre-engagement checks.
Use of Site Content
- Marketplace authorizes You to view and access a single copy of the content available on or from the Site solely in order to use the Marketplace Database for Your business purposes in accordance with these Terms and all applicable laws.
- The content of the Site, including the KPMG Content, is the property of KPMG or its licensors and is protected under copyright, trademark and other applicable laws.
- The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of KPMG and is protected by copyright, trademark, and other applicable laws.
- Unauthorized use of the KPMG Content may violate these laws, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original KPMG Content on any authorized copy You make of the KPMG Content.
- You agree not to sell or modify the KPMG Content or copy, reproduce, download display, publicly perform, distribute, or otherwise use the KPMG Content in any way or form, in whole or in part, without KPMG’s prior written permission.
- You further agree to in no other way misuse KPMG Content that appears on this Site.
- Any code that KPMG creates to generate or display any KPMG Content or the pages making up the Site is also protected by KPMG’s copyright and You may not copy or adapt such code.
- Provided that You are registered to use the Site, You are granted a limited license, subject to these Terms, to access and use the Site and the KPMG Content and to download or print one copy of the KPMG Content to which You have properly gained access, solely for the purposes of using the Marketplace Database, provided that you preserve all copyright, trademark, service mark and other proprietary notices contained in the original KPMG Content.
- You may not use any of the KPMG Content on any other website or in a networked computer environment (including, without limitation, by uploading or republishing KPMG Content on any Internet, Intranet or Extranet site or incorporating the KPMG Content in any other database or compilation for any purpose).
- The use of any data mining, robots or similar data gathering or extraction methods is prohibited.
- Any use of the Site or the KPMG Content other than as specifically authorized by these Terms, without the prior written permission of KPMG, is strictly prohibited and KPMG may terminate the license granted by these Terms in its discretion in such circumstances.
- Unless explicitly stated in these Terms, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
You shall not use the Site in order to transmit, post, distribute, store or destroy
material, including without limitation, KPMG Content:
- in violation of any applicable law, including but not limited to laws governing the collection, processing, or transfer of personal information;
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or other personal rights of others; or
- in a manner that is defamatory, obscene, threatening, abusive or hateful.
You shall not violate or attempt to violate the security of the Site, including
without limitation, the following activities:
- accessing data not intended for You or logging into a server or account which You are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any other Site user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mail-bombing” or “crashing”; or
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability.
- You shall not use the Site in order to transmit, post, distribute, store or destroy material, including without limitation, KPMG Content:
Use of the Marketplace Database
The Marketplace Database and other features of the Site may be used by You only in accordance with these Terms to seek potential Candidates for Your business purposes.
You agree not to:
- use the Marketplace Database for any purpose other than seeking Candidates for Assignments, including but not limited to advertising promotions, products, or services to any Candidate or potential Candidate or another user of the Site;
- use the Marketplace Database to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to Candidates or potential Candidates or to contact any individual who has specifically informed You they do not want to be contacted.
- use the Marketplace Database to source, extend offers of employment to, or directly or indirectly solicit the employment of, or to contact Candidates or potential Candidates regarding any opportunity;
- share with a third party any login credentials to the Site;
- reverse engineer or decompile any parts of the Site;
- except for your internal use only, aggregate, copy or duplicate in any manner any of the KPMG Content or information available from the Site, including Candidates’ and potential Candidates’ resumes/CVs, without prior written consent from KPMG;
- frame or link to any KPMG Content or information available from the Site;
- solicit passwords or personally identifiable information from other Site users;
- delete or alter any material posted by any other person or entity;
- harass, incite harassment or advocates harassment of any group, company, or individual;
- send “junk mail”, “chain letters,” or engage in any unsolicited mass mailing or “spamming”;
- send mail or email, place telephone calls or send faxes to users that have specifically requested not to be contacted by You;
- post or submit any content that is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual, as determined in KPMG’s reasonable discretion;
- infringe any applicable laws or use the Site or Marketplace Database for any unlawful purpose or to engage in any illegal activity;
- promote or endorse false or misleading information, illegal activities, or conduct that is abusive, threatening, obscene, defamatory or libelous;
- post or submit any content that displays or links to pornographic, indecent or sexually explicit material of any kind.
- You will receive an Assignment Confirmation each time you select the “Review and Sign Assignment Confirmation” button.
- You acknowledge and agree that each Assignment Confirmation will constitute a new contract between You and KPMG on the terms set out in the Assignment Terms and Conditions.
- You are responsible for maintaining the confidentiality of Your account and passwords. You may not share Your password or other account access information with any other party, temporarily or permanently.
- You shall be responsible for all uses of Your Site registrations and passwords, whether or not authorized by You. You agree to notify KPMG immediately upon becoming aware of any unauthorized use of Your account or passwords.
- You understand and acknowledge that You have no ownership rights in Your account information or passwords.
- If You cancel Your account or Your account is terminated, KPMG reserves the right to terminate this agreement and delete Your account and all of Your Information.
- To the extent KPMG provides Confidential Information to You, You must keep confidential and protect the secrecy of KPMG’s Confidential Information and You shall: not disclose or permit others to disclose KPMG’s Confidential Information to anyone without first obtaining KPMG’s written consent; (ii) not use or permit the use of KPMG’s Confidential Information, except as strictly necessary for the use of the Site and the Marketplace Database and limit access to KPMG’s Confidential Information to only Your personnel who need to know such information for the purposes of Your use of the Site and the Marketplace Database.
Account Information and Passwords
Ownership of Your Account Information and Passwords
Treatment of Your Account Information upon Termination
Duty to Keep KPMG’s Information Confidential
- You shall use the Marketplace Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the Personal Data from the Marketplace Database, including a Candidate’s or potential Candidate’s resume/CV, to any third party.
- You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from the Marketplace Database, including a Candidate’s or potential Candidate’s resume/CV, from loss, misuse, unauthorized access, disclosure, alteration or destruction.
- If You receive a request from an individual for access to, alteration, correction or deletion of Personal Data about the individual held by You in connection with these Terms, or a privacy-related complaint in connection with these Terms, You must promptly inform KPMG in writing of the request and, upon request from KPMG, correct any Personal Data held about the individual.
- You will, upon becoming aware of an Incident:
- immediately notify KPMG about the Incident;
- take reasonable steps to remedy the Incident; and
- take reasonable steps to prevent the, or similar, Incidents from occurring again in the future.
If you have a privacy related question or concern in respect of this Site, the
KPMG Content or the Marketplace Database, You can contact the KPMG
Privacy Officer as follows:
KPMG does not warrant that the site or marketplace database will operate uninterrupted or error-free or that the site and its servers are free of computer viruses or other harmful mechanisms.
Limitation of Liability
To the fullest extent permitted by law, KPMG accepts no responsibility or liability for any damage resulting from Your use or inability to use the Site, the KPMG Content and/or the Marketplace Database.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Site.
Term and Termination
- These Terms will remain in full force and effect while You are a registered user of the Site.
- You may terminate Your registration to the Site and Your access to the Marketplace Database at any time by emailing KPMG at email@example.com, provided that Your rights, obligations and duties under the KPMG Assignment Terms and Conditions shall survive such termination.
- If you breach any of these Terms or if KPMG is unable to verify or authenticate
any information You submit for registration KPMG may:
- terminate or suspend Your registration to the Site and Your access to the Marketplace Database without notice and
- prevent your further access to the Site and/or use of the Marketplace Database.
- Upon termination KPMG reserves the right, at its discretion, to pursue all of its legal remedies, including but not limited to removal of Your information, content or other materials from the Site.
Even after you are no longer a registered user of the Site, certain provisions of these Terms will remain in effect, including sections 2, 4, 5, 6, 8 through 14 (inclusive).
- These Terms are governed by Swiss law to the exclusion of Swiss international private law and any international treaties.
- Each party unconditionally submits to the exclusive jurisdiction of the competent courts of Zurich, District 4.
- If any provision of these Terms is, or becomes, unenforceable, illegal or invalid for any reason, the relevant provision is to be deemed to be modified to the extent necessary to remedy such unenforceability, illegality or invalidity or if this is not possible then such provision must be severed from these Terms, without affecting the enforceability, legality or validity of any other provision of these Terms.
- A power, remedy or right arising from any provision of these Terms can only be waived, qualified, restricted, modified or amended specifically in writing by the party with the power, remedy or right.
- You consent to receive notice and information from KPMG in respect of the Site and Marketplace Database by electronic communication. You may withdraw this consent at any time by emailing firstname.lastname@example.org, but if you do so KPMG may choose to suspend or terminate Your registration at any time.
- These Terms constitute the entire agreement between You and KPMG with respect to the use of the Site. No changes to these Terms shall be made except by a revised posting on this page.
Applicable law and jurisdiction
Assignmentmeans the assignment of a Candidate on a temporary basis to act as a member of Your Team.
Assignment Confirmationmeans the document setting out the Candidate, Role, Manager, Start Date, End Date and Fee issued for you to sign once you select the “Review and Sign Assignment Confirmation” button.
Assignment Terms and Conditionsmeans the terms and conditions applicable to Assignment as detailed in the Assignment Confirmation.
Confidential Informationmeans the Site, the KPMG Content, the Marketplace Database and all commercial, financial and technical information relating to KPMG’s business disclosed by or on behalf of KPMG to You or otherwise acquired by You in connection with the provision of the Site and the Marketplace Database, whether orally or in writing and in whatever form (excluding information which is in, or becomes part of, the public domain other than through breach of these Terms, which was known to You before disclosure by KPMG under these Terms, or which You acquire from a third party entitled to disclose it); and (ii) all information relating to Candidates and potential Candidates, including their names, age, professional title, location, education, professional experience and other personal details.
Incidentmeans an actual or suspected misuse, interference or loss of Personal Data, or unauthorized access to, modification or disclosure of Personal Data.
KPMGmeans KPMG AG, 172 Badenerstrasse, 8004 Zurich.
KPMG Contentincludes designs, text, graphics, images, video, information logos, button icons, software, audio files and other content on the Site.
Managermeans the person within Your business who will be responsible for the performance of the Candidate and ensure the Candidate’s performance meets Your requirements.
Marketplace Databasemeans the KPMG Candidate database.
Personal Datahas the meaning given to that term in the Swiss Federal Act on Data Protection (FADP).
Rolemeans the role that the Candidate will perform as described in an Assignment Confirmation.
Sitemeans the Marketplace website.
Us (and derivatives)means KPMG.
You (and derivatives)means the person or entity who has registered to make use of the Marketplace Database and access the Site.
Candidatemeans a KPMG employee listed in the Marketplace Database, and if selected for an Assignment, the KPMG employee listed in an Assignment Confirmation.