EMPLOYEE MANAGER
TERMS & CONDITIONS
Overview
Employee Manager is an employee management app, which is available for download on AppStore & Google Play Store. The website is mainly used to advertise Employee Manager features. To be a user, you have to select a subscription plan, register and make payment our website or subscribing in Apple via Apple Subscriptions. After registration and payment, you will be required to download Employee Manager app from the AppStore to use it on your iPhone or iPad or Android device.
These terms and conditions serve an agreement between you as a user and Employee Manager (“the Company” or “we”). By accessing our website / mobile app as well as using our services (collectively, “the Service”), you agree that you will be bound by and act by these terms and conditions (including, without limitation, the privacy policy). Breach of any terms of this agreement will lead to termination of your account.
General Terms
By using the Service, you consent that you are 18 years old or above, which is the legal age to enter into any form of contract.
We reserve the right to prevent any user from using the Service based on sole discretion at any time for any reason.
Any failure by Employee Manager to execute any right stated in these terms is not a waiver of such right or other rights.
These Terms and Conditions (including with no limitation to the Privacy Policy) constitute the entire agreement between you and Employee Manager and supersede any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms and Conditions.
Acceptance of Terms
We may modify or update this agreement at any time, without any prior notice to you. The latest agreement will be made available on the website / mobile app for you to read through before you sign up for our services. If you don’t concur with any or all of the terms and conditions of this agreement, you should terminate your access or use of the Service. Otherwise, your continued use of the Service will indicate your acceptance of this agreement.
User Conduct and Submissions
Subject to the license granted below, any graphics, ideas, photographs, remarks or other information (altogether referred to as “Content”) transmitted to the Account Holder (as defined below) and published on the Service in a Hosted Area (as defined below) belong to whoever published such content. You may use any Content you have published in any other way without limitation. You are allowed only to use Content published by others in the ways specified in these Terms and Conditions.
The submission of your Content on the Service is completely voluntary, non-confidential, non-committal, and cost-free. In return for the Account Holder’s review and contemplation of your Content, you agree that you have reviewed, understood and accepted the terms presented below, and also accept that these terms shall apply to any extra material hitherto or later submitted:
You hereby irreversibly release and permanently discharge us and all Account Holders and their affiliates (collectively, the “Released Parties”) from any actions, claims, demands, damages and liabilities, either absolute or provisional and of any form whatsoever, which you now have or in future can, may or shall have against the Released Parties as regards the Content, including with no limitation to how the Company and its affiliates, directly or indirectly, make use of the Content.
We reserve the right, but not the obligation, to remove Content that we consider to be defamatory, unlawful, threatening, libellous, offensive, explicit or otherwise intolerable, that encroaches upon any party’s intellectual property, or that is harmful to the quality or intended spirit of the Service. We also have the right, but not the obligation, to limit or revoke the use privileges of account of any person who posts such unacceptable Content.
Prohibited Uses
You are restricted and prohibited from using the Service or its content, material or information: (a) for any unlawful or illegal purpose or activity; (b) to cause or ask other users or any other individual to execute or engage in any unlawful or illegal activities; (c) to engage in violation or breach of any international, federal, provincial, state or local laws, regulations, rules, ordinances, or decrees; (d) to engage in infringement or violation of our intellectual property rights or the intellectual property rights of other users or linked websites; (e) to abuse, harass, harm, defame, denigrate, threaten, or discriminate based on race, gender, ethnicity, sexual orientation, religion, national origin, age, infirmity, or disability; (f) to send us incorrect or misleading information; (g) to upload, send, post or transmit viruses, worms, or any other type of malwares that can, in any way, affect the operation or functionality of the Service or of any linked website; (h) to gather, monitor or track the individual information of others; (i) to spam, pharm, phish, pretext, crawl, spider, or scrape; (j) for any obscene, inappropriate, or immoral purpose or activity; or (k) to hamper with or sidestep the security features of the Service or any linked website.
We retain the right to suspend or stop your use of the Service, or any linked website for the violation or breach of any of the prohibited uses.
Links to Third Party Site
In few occasions, we may include third-party product and service on the Service. We are not responsible for the contents and activities of these linked sites because they have their independent privacy policies.
We have no control over all Content posted by third parties on the Service and don’t guarantee the correctness, veracity or quality of such Content. You accept that by using the Service you may come in contact with Content that you may find incorrect, indecent, offensive, or intolerable, and you concur that we will not be liable for any Content in any way, including any omissions or errors in any Content, or any damage or loss of any form sustained through your use of any Content. You accept that you must appraise and bear all risks connected to the use of any Content, with no exception to any reliance on the content, veracity, and correctness of such Content.
Account Termination
Employee Manager reserves the right to cancel customer accounts at any time with or without notice. Presenting false or invalid account information may lead to the termination of your account.
If we detect multiple subsequence failed payments in your account for security purposes may lead to the termination of your account. If we have constant issues with your monthly subscription this may lead to permanent termination to your account.
Indemnification
As a customer, you agree to defend, indemnify, save and hold Employee Manager harmless from any claims, demands, costs, losses and liabilities, which include any attorney’s fees against us, our agents, customers, and employees, that may arise from any service provided or agreed to be performed, or any product sold by customer, our agents, employees or assigns. You concur to defend, indemnify and hold harmless Employee Manager against liabilities resulting from 1) any damage to any person and/or property caused by any products sold or otherwise distributed by us; 2) any copyright infringement; 3) any material provided by customer infringing or allegedly infringing on the proprietary rights of a third party; as well as 4) Any defective products purchased by customers from the Service.
Disclosure to Law Enforcement
We reserve the right to disclose any user’s information to law enforcement agencies, even with no further approval or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Changes Site Content and Services
Employee Manager reserves the right to revise or modify its policies whenever we deem fit with no prior notice.
License
Bound by these terms and conditions, Employee Manager offers you a limited, non-transferable right to access and use the Service for your business operations unless your access or use has been terminated for one reason or the other. Employee Manager has all rights, title and interest in Employee Manager, the Service, content and any materials provided to you by us.
Limitations
You are restricted from selling or reselling, distributing, transferring or otherwise utilizing or giving access to any third party of the Service unless as allowed under the agreement for the sake of your own business: 1) alter or make derivatives from the Service; 2) Generate “links” to the Service or “frame” or “mirror” any part of the Service on any other server or wireless or Internet-based device; or 3) Access the Service for (a) Building a competitive product; (b) Building a product or service using same or similar functionality, graphics or ideas integrated in the Service; or (c) Copying or duplicating any functionality, graphics or ideas represented by or integrated in our Service.
Service Availability
Bound by these terms and conditions, Employee Manager will use practical efforts to offer the Service for 24/7. You agree that at any time the Service may be inaccessible or not possible to use for any reasons such as periodic maintenance procedures or upgrades, service malfunctions as well as reasons beyond our control. Employee Manager will make practical efforts to diminish any disruption, inoperability or inaccessibility of our service. Employee Manager will not be liable for any costs or damages sustained that may occur due to downtime.
Payment
You agree to pay Employee Manager the fees specified in the subscription plan corresponding to the service level to which you have subscribed. All payments or reimbursements under this agreement must be received by Employee Manager within three days of your subscription period. If you terminate your Employee Manager service, we are not under any obligation to refund the service charges that have already been paid. Termination will be effective when the service period ends unless an earlier date is requested.
If you mistakenly select a subscription plan that is not the one intended you must notify us within 24 hours after selection/payment is made for us to refund a payment or make necessary changes to your account. After 24 hours of payment made we are not under any obligation to refund the service charges that have already been paid.
Registration Obligations
You agree to:
(a) Present accurate and complete information as asked on the Employee Manager Service’s registration form
(b) Maintain and update when necessary the registration data for it to remain accurate and up-to-date.
If you provide any false information, or if Employee Manager suspects that the information you have provided is incorrect, inaccurate or not current, we reserve the right to suspend or terminate your account and reject all current or future use of the Service. You are responsible for safeguarding your own login details, and also for all activity taking place on your account.
Terms and Termination
Immediately after the acceptance of your registration information as well as the initial payment, this agreement will begin and shall continue till it is terminated by either party as a result of a breach of its terms. For any breach of this agreement, Employee Manager has the right to terminate your access to the Service. Any breach of your payment obligations or unauthorized use of the Service will adjudge to be a material breach of this agreement. We may terminate your account, or use of the Service if you breach or otherwise fail to meet the terms of this agreement.
Deletion of your Information
Your personal information, as well as any User Content you make available to us, belongs to you. If you wish to delete your information from our system, all you need to do is just contact us. We will confirm your request (to verify that it’s really you) and we will delete your information as promptly as possible. Once your requested information is deleted, we will notify you.
Disclaimers
Employee Manager hereby represent and warrants that neither the Service nor its use as considered herein will be any form of infringement on the rights of any third parties or violation of any applicable laws or regulations, such as copyright, trademark and patent laws. Unless expressly outlined in this agreement, Employee Manager makes no warranty, directly or indirectly, as regards any matter, including with no limitation to advertising and any other services, and clearly disclaims the inferred warranties or conditions of non-infringement, merchantability, and fitness for any reason. We offer no warranty on the results of the use of the Service, and account holder bears all risk and responsibility as regards to it.
Limitation of Liability and Damages
Under no situation, including with no limitation to, negligence, system failure or network outage, will either party or its affiliates be held liable for any unusual, incidental, indirect, consequential, punitive, or any form of damages arising from this agreement, regardless of the possibility of such party or its authorized representative being advised of the likelihood of such damages. In exception of the indemnity obligations presented herein, under no circumstance will either party’s or its affiliates’ entire liability to the other party for all damages and losses that result from or relate to this agreement (either in contract or tort, including negligence, warranty, or otherwise) surpass the amounts paid by account holder to Employee Manager hereunder.
PRIVACY POLICY
Information Gathering
We are devoted to maintaining the privacy of your information. Customers, who register, are required to provide contact information, such as name, company name, company address, phone number, e-mail address, billing details and the number of users within the organization that will be using Employee Manager. We may also request for extra information, such as job title or additional company information.
Login Credentials
Upon registration for Employee Manager, we will give you your login credentials which you will use to access the Service. You are responsible for the confidentiality as well as the security of your user registration and password. In the event of your login details becoming compromised, you are required to contact us instantly.
Personal Identification Information
We may acquire personal identification information from Users through different ways such as when Users access the Service, register on the website, make an order, fill out a form or a survey, and as regards other activities, features, services, resources or materials we provide on the Service. We may request for name, email address, mailing address, phone number from Users. We will acquire personal identification information from Users only when they voluntarily provide such information to us. You can always decline to provide personal identification information, only that it may hinder you from engaging in certain Service-related activities.
Non-personal identification information
We may acquire non-personal identification information about Users from them when they access or carry out any activity on the Service. The non-personal identification information may involve the browser name, the kind of computer as well as technical information about Users means of connection to the Service, including the operating system as well as the Internet service providers used and any other related information.
Other Information We Track and Log
Employee Manager may acquire some information such as number of employees, meetings, schedules. Crashes and logs during the use of Employee Manager. This information is often required to diagnose technical issues and to manage the Service so as to regularly improve the quality of the service.
Your Rights and Choices
You have the right to request a copy of the information that we hold about you.
The Data Protection Legislation also gives you additional rights about the information we hold about you and how we use it, including the right to:
Withdraw consent and the right to object and restrict further processing of your data in certain circumstances; however, this may affect service delivery to you
Request to have your data deleted where there is no compelling reason for its continued processing and provided that there are no legitimate grounds for retaining it
Request your data to be rectified if it is inaccurate
Have your data provided in a structured, commonly-used and machine readable format in certain circumstances.
You have the right to complain to us if you think we have not complied with our obligation for handling your personal information.
Edit your Personal Information
You can update or remove any or all of your personal information at any time by logging into your Employee Manager account and editing your personal information. You can see your updated profile so that you can confirm that your edits have been made or you may contact us for any assistance info@theemployeemanager.com.
Use of your Information
Employee Manager makes use of the information that we acquire to create and manage the Service for individuals and their organization. We will use the acquired information to communicate with the shop to further discuss the Service that we offer as well as to send information (such as promotions) concerning the Service. We will not distribute or share your personal information with third parties without your knowledge and consent. We will not contact your customers.
Billing Information
Billing information that we collect through Employee Manager is used only to bill for the Service. It is not used for any form of marketing or promotional purposes.
Customers Information
Our customers will be using the Service to host data and information. Employee Manager will not share, dispense, print, or reference any such data except as mentioned in the Employee Manager Terms and Conditions or as required by law. Individual records at times may be viewed or accessed only to sort out an issue, support matter, or speculated breach of the master subscription agreement, or as demanded by the law.
Data Controller
The data controller of this website/app is Employee Manager.
Collection and Use of User Data
As regards Users, Employee Manager does not automatically collect any Personal Data, and you may operate the Services so that no User Personal Data is processed.
Processing of Personal Data
YOU MUST PROVIDE EMPLOYEE MANAGER WITH PRIOR WRITTEN NOTICE OF YOUR INTENT TO PROVIDE, SEND, COLLECT OR IN ANY WAY PROCESS USER PERSONAL DATA VIA THE SERVICES.
Processing Personal Data via the Services, includes without limitation (a) processing by you; or (b) by Employee Manager due to such events as (i) data import or export; or (ii) transfer occurring due to an integration with a Third Party Service.
Upon notice of your intent to process Personal Data, we will consult with you and treat such Personal Data as required under the terms herein and the Section titled “Processing of Personal Data” below will apply thereto.
Sensitive Personal Data
Under no circumstance are you permitted to use the Services to process, or provide Employee Manager with, ‘sensitive personal data’ as defined in the General Data Protection Regulation (the “GDPR”) or any other information which is subject to elevated data processing responsibilities in your jurisdiction, or any jurisdiction in which Employee Manager operates, including without limitation social security numbers, driver’s license numbers, national id numbers, medical or health care data.
WHERE YOU HAVE PROVIDED US WITH NOTICE THAT YOU WILL BE COLLECTING USER PERSONAL DATA VIA THE SERVICES THE FOLLOWING TERMS APPLY:
Employee Manager’ Obligations as Data Controller
By opting to allow us process Personal Data using the Services, you hereby agree that we are the data controller (as defined by GDPR) with respect to such Personal Data.
In addition to our other responsibilities set out elsewhere in the Agreement, we also agree that:
We have and will continue to abide by an appropriate privacy policy relating to the collection and use of User Personal Data. We must post a privacy policy and that policy must provide notice of Employee Manager’ use of User Personal Data;
We shall, at all times, comply with our obligations as data controller and shall procure that our subcontractors or agents and all authorized users comply with their obligations under all applicable data protection legislation in relation to all User Personal Data that is processed by or on our behalf under this Agreement. We shall ensure that all direct marketing undertaken or intended to be undertaken by or through the use of the Services or Third Party Services will comply with all applicable legislation;
We shall ensure that our customers and all relevant third parties have, been informed of, and have given their consent, as required by applicable data protection legislation, to the specific use, processing, and transfer of Personal Data as contemplated by this Agreement. This also includes consent to use of cookies and more particularly the specific cookies that are used by Employee Manager in delivering the Services, and the specific data collected, as per above;
User Personal Data may be transferred or stored outside the country where we or our End Users are located in order to carry out the Services and our other obligations under the Agreement.
Transfer of User Data to Third Party Providers
Third Party Providers Appointed by Employee Manager
The Services are provided on a software-as-a-service, hosted basis. As such Employee Manager uses third party providers to provide certain services, including hosting.
These third party providers will have access to certain data, including relevant User Personal Data, however such third party providers are only permitted to process data, for the purposes of providing their specifically contracted services to Employee Manager.
We will use commercially reasonable efforts to ensure that such third party providers utilize reasonable industry recognized security measures to protect against loss, misuse and unauthorized viewing of the information you provide to Employee Manager.
EMPLOYEE MANAGER DOES NOT GUARANTEE AND SHALL NOT BE LIABLE FOR THE PERFORMANCE OF ANY THIRD PARTY PROVIDER.
Third Party Providers Appointed by You
You may elect to subscribe to the Services that permit integration with Third Party Services.
Where you choose to integrate with Third Party Services, this may entail providing Employee Manager with access to User Data held by such Third Party Services, and may require the providers of such Third Party Services to have access to Customer’s User Data collected via the Services. Employee Manager will only transfer User Data to providers of Third Party Services or other third parties appointed by you on written instructions from you.
With regard to third party providers, you acknowledge and agree that:
Employee Manager has no contractual relationship with such third parties, and no responsibility for User Personal Data once such a transfer commences, nor for the duration such third party holds the relevant data. Employee Manager does not audit the adequacy or otherwise confirm the security or organizational measures employed by such third parties, which is your sole responsibility.
You are responsible for ensuring that your use of the Services complies with any service terms of applicable Third Party Services or service terms relating to other applicable third parties. Employee Manager is not required to maintain User Personal Data collected in breach of any relevant data protection or other applicable laws.
Employee Manager makes no representations as to the appropriateness or legality of your choice to permit such third parties with access to its User Data, and you are responsible for ensuring that you have all requisite consents, and have provided any required notices to End Users with respect to this processing of their data. Employee Manager is not responsible for the processing of User Data by Third Party Services.
Employee Manager HEREBY DISCLAIMS ALL RESPONSIBILITY FOR THE ACTIONS OF SUCH THIRD PARTIES OR FOR LOSS, DAMAGES, OR CLAIMS ARISING AS A RESULT OF DEPLOYING INTEGRATION CODE INVOLVING PERSONAL DATA OR MAKING A TRANSFER OF PERSONAL DATA ON CUSTOMER’S BEHALF. Employee Manager MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF SUCH THIRD PARTY FOR RECEIPT OF PERSONAL DATA NOR OF THE SUITABILITY OF THE THIRD PARTY SERVICES TO PROCESS PERSONAL DATA.
Transfers of User Personal Data Outside the EEA
Employee Manager will only transfer User Personal Data outside the EEA on your specific request. Examples of why you may make such a request are transfers of such data to you or your affiliates, where you or your affiliate is based outside the EEA; a transfer to a third party outside of the EEA for further processing of the data; a specific request by you that Employee Manager uses an third party hosting provider or where you opt to integrate with Third Party Services outside of the EEA.
All requests to transfer User Personal Data outside the EEA, except with respect to transfers related to integrations with Third Party Services, must be made to us via email or in writing.
Where you opt to send User Personal Data to providers of Third Party Services via integration, you agree that providers of Third Party Services are not sub-processors of Employee Manager for data protection purposes and such providers are your directly-contracted data processors acting under your instructions.
In making a request for Employee Manager to transfer User Personal Data, subject to the GDPR and related privacy regulations outside of the EEA, you confirm the following:
there is an adequate level of protection in place for such transfer as such term in understood under the GDPR.
You will indemnify and hold harmless Employee Manager, its subsidiaries and affiliates (and their respective employees, directors, officers, shareholders, attorneys, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees and costs) from any claim, action, audit, investigation, regulatory action, inquiry or other proceeding that arises out of or relates to use of User Personal Data by Third Party Services providers, or other transferees, or your failure to comply with any applicable laws and regulations in connection with the transfer of the User Personal Data outside the EEA including any applicable data protection legislation or that arises out of or relates to any subsequent use of the data by the relevant transferee. This indemnification obligation set forth herein shall survive the termination of your use of the Services and/or the termination of the Agreement.
Subject Access Requests
Employee Manager will promptly assist you with all notice, requests or other enquiries relating to the data protection rights which may be received by you or Employee Manager, at your reasonable expense.
Employee Manager will not be responsible for determining the authenticity of any purported data subject’s request to access his or her User Personal Data. In the absence of express instructions to do so from you, Employee Manager will not provide a data subject with access to his or her Personal Data unless it is demonstrated to our satisfaction that the applicable data controller has refused such access.
Security
Employee Manager is committed to pursuing maximum security measures to help protect against the loss, exploitation, damage, and alteration of the data we control. When the Service is accessed, Secure Socket Layer (SSL) technology defends information with the aid of not just server authentication but also data encryption to ensure that data is well secure and accessible only to you, the registered user. Our services are hosted in a secure cloud environment to hinder access from intruders. Employee Manager grants you the opportunity to select uncommon usernames and passwords that must be used any time a customer logs on. This way, we ensure the appropriate use of data, thwart unauthorized access, and keep up data accuracy.
Each party (Employee Manager and Users) agrees to take appropriate, and industry standard, technical and organizational measures against unauthorized or unlawful access or processing of User Personal Data or its accidental lost, destruction or damage, such as appropriate system and network access controls, intrusion detection and prevention systems, network segmentation, encryption, and the like.
Security Breach Notification
Employee Manager will promptly notify Customer of any known or reasonably suspected loss, misuse, or unauthorized access, intrusion, destruction, deletion, modification, or other material compromise of Customer’s User Personal Data processed by Employee Manager (“Security Breach”).
Upon discovering a Security Breach, Employee Manager shall take all reasonable industry standard measures to mitigate any harmful effects of such Security Breach and work with Customer as necessary to address the Security Breach.
Cookies
Employee Manager makes use of cookies to identify returning visitors. We collect this information for internal use only and never authorize the release of this information to anyone outside of Employee Manager. Employee Manager engages in advertising fprograms administered by third parties, and advertising, as well as retargeting, cookies are used. Advertising cookies permit us to make advertising more significant for visitors to access the Service, through showing adverts that might attract users or that they might be interested in viewing (based on other sites they have been to and prior browsing history) and evading showing adverts that they have already seen.
Retargeting cookies allow Employee Manager to advertise to visitors to the Service via third-party websites. Those third-party websites show their visitors advertisements for Employee Manager’ services based on cookies that inform the third party site that the visitor has earlier visited Employee Manager’ site.
Also, the cookies we use suggest that data as regards to traffic on the Service and about the kinds of third-party websites that visitors to the Service also visit are gathered and shared with other participants in the third-party advertising program. The data that is shared contains no personal information and cannot be used to recognize any individual visitor.
How long we keep information
Subject to any applicable legal requirements, we typically retain personal data for a period of 2 years since your last usage of the Services.
Data Retention
After a request from a User to delete any data, an automated process will begin that permanently deletes the relevant data. Once begun, this process cannot be reversed and data will be permanently deleted. Any data which is not deleted shall be kept in an anonymized manner.
As a registered User you can always view, access, change and delete your information by logging into your account.
Similarly, Employee Manager collects and retains usage data, other metadata and statistical information concerning the use of the Service are not subject to the deletion procedures in this Notice and may be retained by Employee Manager. Some data may be retained also on our third party service providers’ servers.
Children Policy
We do not knowingly market or offer services to children. The Services are not designed for use by children under 18 years old. Children under 18 are not allowed to register with or use the Services, or submit personal data through the Services. We do not knowingly collect personal data from anyone under the age of 18. If we discover that we have collected personal information from a child under 18, we will delete that information immediately.
Relevant Legislation
Alongside our business and internal computer systems, this site is designed to comply with the following national and international legislation regarding data protection and user privacy:
EU Data Protection Directive 1995 (DPD) [http://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX:31995L0046]
EU General Data Protection Regulation 2018 (GDPR) [http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2016.119.01.0001.01.ENG&toc=OJ:L:2016:119:TOC]
Compliance with Law
If we become aware that a Employee Manager user is using or has used the Service to carry out any crime, or if any form of emergency occurs that acts a safety threat to you or to any other person, we will notify and collaborate fully with the proper authorities.
Changes & Updates
Our Privacy Policy will update from time to time, with the addition of more features, but we will inform you each time either by posting a detailed notice on the login page or through other means.
Questions or Concerns
If you have any questions or concerns regarding terms, privacy, or services, please send us a detailed message via our Contact Us page. We will make every effort to resolve your concerns.