This is the Acceptable Use Policy of The Myers-Briggs Company Limited, a company registered in England and Wales (registered number 2218212) whose registered offices are at Elsfield Hall, 15-17 Elsfield Way, Oxford OX2 8EP, UK (The Myers-Briggs Company) and covers the European branch offices of The Myers-Briggs Company Limited (including The Myers-Briggs Company - France, The Myers-Briggs Company - Netherlands and The Myers-Briggs Company - Germany). It governs the use of The Myers-Briggs Company website and any associated services. When we refer to “The Myers-Briggs Company”, “we”, “us” and “our” we mean The Myers-Briggs Company Limited and our European branch offices.
The Myers-Briggs Company reserves the right to change this Acceptable Use Policy at any time without prior notice to you, so please check it regularly.
As part of The Myers-Briggs Company website and its associated services, users may upload or post to the website certain user-generated content. Such information generated from the actions of users may give rise to possible misuse of The Myers-Briggs Company website and/or data and information contained within it and/or to the possibility of discriminatory actions and/or bullying or harassing behaviours.
The Myers-Briggs Company will not tolerate any form of unacceptable use of The Myers-Briggs Company website or associated services, nor will it tolerate any form of discrimination or discriminatory act or bullying or harassing behaviours, and will take a firm stance, and action where necessary, if there is cause to suspect any such actions to have taken place.
“Data” means any and all data gathered by the Website and/or The Myers-Briggs Company from use of the Website by Users, including any associated services and/or any other functions of the Website, and includes Personal Data.
“Inappropriate Material” has the meaning set forth in Section 2.1.
“Information” means any data, facts and other information about you, and other Users, including actions you take, and includes Data and Personal Data.
“Materials” means all The Myers-Briggs Company’s products and materials available via the Website, including our sample reports, training materials and other information and resources provided via the Website for the use of Users.
“The Myers-Briggs Company” means The Myers-Briggs Company Limited together with the European branch offices of The Myers-Briggs Company Limited (including The Myers-Briggs Company - France, The Myers-Briggs Company - Netherlands and The Myers-Briggs Company - Germany).
“Personal Data” means any information which is in the possession of The Myers-Briggs Company relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly in particular by reference to an identifier such as a name, identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; such Personal Data may include: User information; customer registration and account information; personal details given by or about Users (e.g. age, gender, qualifications); information given and comments made by Users; or other information provided by Users, which when cumulated with other information held by the Website and/or The Myers-Briggs Company could identify a natural person.
“Users” means an entity or individual customer or customer administrator who uses the Website and/or any associated services (and whose access has not been suspended or terminated).
“Website” means the website of The Myers-Briggs Company available at www.themyersbriggs.com, or any successor website or website provided via an alternative URL; together with any other associated services made available by The Myers-Briggs Company via The Myers-Briggs Company website, including without limitation, ordering and downloading of Materials, and use of The Myers-Briggs Company shop.
1.2 The headings in this Acceptable Use Policy are for convenience, and do not affect the interpretation of the provisions.
2. Use of the Website
2.1 By using the Website, Users undertake to use the Website and any Information contained therein, only for lawful purposes. You may not use the Website:
- in any way, in any country of use, that breaches any applicable local, national or international law or regulation; is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or that commits any civil wrongdoing or civil harm;
- for the purpose of harming or attempting to harm minors or other Users or third parties in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as detailed in this Acceptable Use Policy;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or other form of similar solicitation (eg spam); or
- to knowingly transmit, or link to, any Inappropriate Material via the Website.
For the purposes of this Acceptable Use Policy, “Inappropriate Material” is material, including views or opinion, that under the laws of any jurisdiction is or does any of the following: unlawful, vulgar, harassing, threatening, stalking, abusive, harmful, racist, obscene, pornographic, malicious, profane, libellous, defamatory, misleading or invasive of privacy or that otherwise violates the legal rights of others; discloses private or personal matters concerning any person; discriminatory in any form; infringes any copyright, trademark or other intellectual property rights of The Myers-Briggs Company or any third party; constitutes or encourages a criminal offence; purports to be posted by someone other than the person posting; purports to be validated or authorised by someone or some body or entity when it has not been; or contains a virus, worm, trojan horse or other harmful code or contaminating or destructive features, or any other software or programs that may damage the operation of this site or a third party's hardware or software or which may reasonably be expected to do so.
2.2 You agree not to access without authority, interfere with, damage or disrupt:
- any part of the Website;
- any equipment or network on which the Website or any Information is stored;
- any software used in the provision of the Website; or
- any equipment or network or software associated with the Website and owned or used by any third party.
2.3 If you use the Website other than in accordance with this Acceptable Use Policy, we reserve the right to take any of the actions detailed in clause 9 of this Acceptable Use Policy and/or the termination provisions within our Terms of Business.
2.4 You should ensure that you have suitable scanning software, firewalls and other safeguards in place to protect you from any virus or other contaminant which may affect you directly or indirectly through your use of the Website.
3. Privacy and Data Protection
4. Conduct of Users; Content standards
4.1 You agree to use any of the posting and uploading features of the Website only to post and upload information and material that is legal and related to the subject matter of the Website which are reasonably deemed appropriate provided such does not contain Inappropriate Material. Where we, in our absolute discretion, deem information or material provided by you to not be appropriate, we reserve the right to delete it.
4.2 You agree to comply with the following content standards when using the Website and warrant and undertake that:
- be accurate, in relation to statements of fact;
- be genuinely held and made, in relation to statements of opinion; and
- comply with applicable laws and regulations in the UK and in any country from which they are posted; and
Content shall not:
- contain any Inappropriate Material;
- contain any formal survey, contest, pyramid scheme or chain letter;
- contain any material that infringes any trademark, copyright, trade secret or other intellectual property or proprietary right of any party, including The Myers-Briggs Company, or breaches any confidentiality or privacy obligations, unless you are the owner of such material or have the express written permission of the owner to post or transmit such material; or
- give the impression that they emanate from, or are endorsed by, The Myers-Briggs Company if that is not the case; and
You shall not:
- publish, post, upload, distribute, disseminate or circulate any Inappropriate Material;
- advertise or offer to sell any goods or services for any commercial purpose unless you have our written permission;
- download any information, material or files posted by The Myers-Briggs Company or another User that you know, or reasonably should know, cannot be legally distributed in such manner, without The Myers-Briggs Company’s or the User’s, as the case may be, express written permission;
- impersonate another User, person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary or other information or material contained in information that is posted on the Website; or
- restrict or inhibit any other User from using and enjoying the Website.
4.3 You shall be responsible for any content, including uploading information and documents, posts and transmissions, you make to the Website. You may edit or remove your own content but not that of any other User (unless you are expressly authorised to do so on behalf of that User) or of The Myers-Briggs Company.
4.4 The Myers-Briggs Company has the right but not the obligation to monitor or moderate any content provided on the Website and The Myers-Briggs Company shall not be responsible as author, editor or publisher of any content submitted. We refer you to clause 9 for Consequences of Misuse of the Website.
4.5 Any views or opinions expressed by any User are those of such User alone and do not necessarily reflect those of The Myers-Briggs Company.
5. Information and material provided by The Myers-Briggs Company
6. Information and Material provided by You
6.2 We reserve the right, without any obligation, to delete, edit or otherwise deal, in our absolute discretion, with any information or material or content uploaded, or otherwise submitted by you to the Website including, without limitation, video, audio, still photographs and artwork, links, embedded content, data, information, software, text, Personal Data and other Information.
6.3 Except as expressly set forth herein, we do not make any warranty nor assume any legal liability or responsibility for the accuracy, completeness or truth or appropriateness of any information or material posted on the Website by you or other Users and you are responsible for checking and validating such.
7 Safety of Your Personal Data
- send or otherwise post unauthorized commercial communications (such as spam) on the Website;
- collect User content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission;
- upload viruses or other malicious code;
- solicit subscription, registration or login information or access an account belonging to someone else;
- bully, intimidate, or harass any User;
- post content that is considered Inappropriate Material as set out in clause 2.1;
- use the Website to do anything unlawful, misleading, malicious or discriminatory;
- do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack; and/ or
- facilitate or encourage any of the above.
8. Safety of Other Users’ Rights and prevention of Bullying and Harassing Behaviours
8.1 We endeavour to keep the Website and the content contained therein safe for our Users in relation to any Personal Data, and free from bullying or harassing behaviours, but we cannot guarantee it. In order to assist to keep the Website and content safe for other Users and to prevent bullying and harassment of Users, you undertake that you will at all times when using the Website, comply with the requirements of this Acceptable Use Policy in relation to other Users’ rights, and specifically you undertake and agree that:
- you will not post content or take any action on the Website that infringes or violates someone else’s rights, or constitutes, in our absolute discretion, bullying behaviour, or otherwise violates the law. For the purposes of this Acceptable Use Policy, “bullying” behaviour shall include where repeated inappropriate and/or incorrect information is applied to a User by another User, or where a description of a User is offensive or harassing or otherwise contains Inappropriate Material;
- we can remove any content or information you post on the Website if we believe that it violates this Acceptable Use Policy;
- if we remove your content for infringing someone else’s copyright (for example, by loading material that you do not have permission to upload), and you believe we removed it by mistake, we will provide you with an opportunity to appeal;
- if you repeatedly infringe other Users’ or third parties’ intellectual property rights, we will disable your account when appropriate. You should refer to clause 9;
- you will not use our copyrights or trademarks or any confusingly similar marks, without our written permission; and/ or
- if you collect information from other Users, you will: obtain their consent, make it clear you (and not The Myers-Briggs Company) are the one collecting their information, and post a privacy notice explaining what information you collect and how you will use it.
9. Consequences of Misuse of the Website
9.1 The Myers-Briggs Company has the right, but not the obligation, to monitor and moderate content added to the Website and we are authorised by you in our absolute discretion, and without notice, to remove, disable access to, or amend, edit or delete any contribution which we deem, in our absolute discretion, to be in breach of this Acceptable Use Policy or otherwise inappropriate, and to remove, block or modify your use of the Website for any reason we deem, in our absolute discretion, constitutes non-compliance or a violation of our policies, whether stated, implied or otherwise.
- immediate, temporary or permanent withdrawal of your right to use the Website, without notice;
- immediate, temporary or permanent removal of any content posted on the Website;
- issuing a warning to you;
- suspend your account and/or subscription;
- terminate your account and/or subscription and your right to use the Website, including in accordance with the termination provisions within our Terms of Business;
- legal action against you; and/ or
- disclosure of such information or material to law or regulatory enforcement authorities as we reasonably deem necessary or as required by law.
9.3 If we withdraw your right to use the Website, we will notify you by email or at the next time you attempt to access the Website. We may also delete or disable your account. You should also refer to the termination provisions within our Terms of Business.
9.4 You hereby agree to indemnify The Myers-Briggs Company, keep us indemnified and hold us harmless from and against any and all costs, claims, losses, damages and expenses (including reasonable legal fees) sustained or incurred by us, our affiliates or sub-contractors, directly or indirectly, in any jurisdiction, as a result of the use or misuse by you of the Website.
9.5 We shall fully cooperate with any law or regulatory enforcement authority or court order requesting or directing us to disclose the identity or locate anyone contributing any information or material in breach of this Acceptable Use Policy. We exclude our liability for all action we may take in response to breaches. The actions detailed in this clause 9 are not limited and we may take other action we deem appropriate.
10.2 If we fail to enforce, or delay enforcement of, any provisions of this Acceptable Use Policy, it will not be considered a waiver of our rights to do so.
10.3 This Acceptable Use Policy was produced in November 2013 and revised in May 2018. It covers The Myers-Briggs Company Group including The Myers-Briggs Company Limited and its European branch offices (including The Myers-Briggs Company - France, The Myers-Briggs Company - Netherlands and The Myers-Briggs Company - Germany) associated companies. The Myers-Briggs Company reserves the right to modify or update the Policy from time to time without notification to you, so please check it regularly.
10.4 This Acceptable Use Policy and all contracts entered into with The Myers-Briggs Company are governed by English law and the place of performance of obligations will be England.
11. Further Information and Complaints
11.3 If you have questions about any aspects of this Acceptable Use Policy, please contact firstname.lastname@example.org or call our Customer Services on + 44 (0)1865 404610.
The Myers-Briggs Company Limited
15-17 Elsfield Way
Registered in England and Wales
Company Number 2218212