Acceptable Use Policy

Effective: April 29, 2023

This is the Acceptable Use Policy of The Myers-Briggs Company group of companies, including The Myers-Briggs Company, a California benefit corporation; The Myers-Briggs Company Limited, a company registered in England and Wales (registered number 2218212); The Myers-Briggs Company Pte. Ltd, a company registered in Singapore; and The Myers-Briggs Company Pty Ltd, a company registered in Australia, and includes 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) and other European operations (collectively, “The Myers-Briggs Company” or the “Company”). This Acceptable Use Policy governs the use of The Myers-Briggs Company websites and any associated products or services. When we refer to “The Myers-Briggs Company,” “we,” “us,” and “our,” we mean The Myers-Briggs Company group of companies.

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 functionality of The Myers-Briggs Company’s websites and their associated products and services (collectively, the “Sites”), users may upload or post to the Sites certain user-generated content. Such information generated from the actions of users may give rise to: possible misuse of The Myers-Briggs Company Sites and/or data or information contained within the Sites; the possibility of discriminatory actions; and/or bullying or harassing conduct. The Myers-Briggs Company has adopted this Acceptable Use Policy to protect against those risks.

The Myers-Briggs Company will not tolerate any form of unacceptable use of our Sites, nor will we tolerate any form of discrimination, bullying, or harassment. We will take a firm stance, and action where necessary, if there is cause to suspect any such actions have taken place.

By using or accessing the Sites, you agree to be bound by this Acceptable Use Policy, our pertinent Terms of Business as are applicable to and appear on such Site(s) and our Privacy Policy, the combination of which govern the relationship between The Myers-Briggs Company and users of the Sites (“you”). If you do not agree to this Acceptable Use Policy, our Privacy Policy, and/or our pertinent Terms of Business, do not use our Sites.

1. Definitions

1.1 “Data” means any and all data gathered by the Sites and/or The Myers-Briggs Company from use of the Sites by Users, including any Personal Information.

“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 Information.

“Materials” means all products and materials of The Myers-Briggs Company and/or its licensors available via the Sites, including our sample reports, training materials, and other information and resources provided via the Sites for use by Users.

“The Myers-Briggs Company” has the meaning assigned to it in the preamble to this Acceptable Use Policy.

“Personal Information” 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. Personal Information User information; customer registration and account information; personal details given by or about Users (e.g., age, gender, qualifications, etc.); information given and comments made by Users; or other information provided by Users which, when combined with other information held by the Sites and/or The Myers-Briggs Company, could identify a natural person and be deemed Personal Information.

“Site(s)” means the various websites and platforms of The Myers-Briggs Company and any successor websites or new websites provided by The Myers-Briggs Company, together with any associated products or services made available by The Myers-Briggs Company via our websites, including without limitation, ordering and downloading of Materials, and use of our online shop.

“User(s)” means an entity or individual who uses the Sites (and whose access has not been suspended or terminated).

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 Sites

2.1 By accessing or using the Sites, Users agree to use the Sites and any Information contained therein only for lawful purposes. You may not use the Sites:

• in any way, nor in any country, that breaches any applicable local, national, or international law or regulation;
• in any way that is unlawful, unethical, or fraudulent, or has any unlawful, unethical, 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 unauthorized advertising or promotional material or other form of similar solicitation (e.g., spam); or
• to knowingly transmit, or link to, any Inappropriate Material via the Sites.

For the purposes of this Acceptable Use Policy, “Inappropriate Material” is material, including views or opinions, 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, libelous, defamatory, misleading, 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 act; purports to be posted by someone other than the person posting; purports to be validated or authorized by someone or some 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 the Sites 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 Sites;
• any equipment or network on which the Sites or any Information are stored;
• any software or databases used in the provision of the Sites; or
• any equipment, network, or software associated with the Sites.

2.3 If you use the Sites 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 pertinent Terms of Business as appear on the applicable Site(s).

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 Sites.

3. Privacy and Data Protection

3.1 The Myers-Briggs Company is committed to protecting and respecting Users’ privacy and to acting in compliance with current data protection law as applicable to our businesses, including the California Consumer Privacy Act, (“CCPA”), UK Data Protection Act 2018 (“DPA”), UK GDPR (as incorporated into UK law pursuant to the European Union (Withdrawal) Act 2018), EU GDPR (General Data Protection Regulation (EU) 2016/ 679 (EU GDPR)), and the Privacy Act 1988 (Cth) (“Australian Privacy Act”), together with any applicable enacting, successor, supplementing or amending legislation. You should read our Data Protection Statement and our Privacy Policy  as they will help you understand how we collect, use, store, and otherwise process your Personal Information and other Information.

4. Conduct of Users; Content standards

4.1 You agree to use any of the posting and uploading features of the Sites only to post and upload information and material that is legal and related to the subject matter of the Sites which are reasonably deemed appropriate, provided doing so does not contain Inappropriate Material. Where we, in our absolute discretion, deem information or material provided by you not to be appropriate, we reserve the right to delete it immediately without notice to you.

4.2 You agree to comply with the following content standards when using the Sites and warrant and undertake that:

Content shall:

• 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 any country from which they are posted; and

Content shall not:

• contain any Inappropriate Material;
• contain any formal survey, contest, pyramid scheme, chain letter, or similar solicitations;
• 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 it emanates from, or is 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 Sites; or
• restrict or inhibit any other User from using and enjoying the Sites.

4.3 You shall be responsible for any content, including information, documents, posts, and transmissions you make using the Sites. You may edit or remove your own content but not that of any other User (unless you are expressly authorized 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 Sites and The Myers-Briggs Company shall not be responsible as speaker, author, editor, or publisher of any content submitted by Users. We refer you to Clause 9 for Consequences of Misuse of the Sites.

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

5.1 The Sites provide Information and Materials solely for use in accordance with this Acceptable Use Policy, our pertinent Terms of Business as appear on the applicable Site(s) , and our Privacy Policy. Any use other than in accordance with such shall entitle The Myers-Briggs Company to take measures as set forth in Clause 9 of this Acceptable Use Policy and/or the termination provisions within our pertinent Terms of Business as appear on the applicable Site(s).

6. Information and Material provided by You

6.1 You should refer to our Privacy Policy in relation to any information or material you share with Users or otherwise add to the Sites.

6.2 We reserve the right, without any obligation, to delete, edit, or otherwise deal, in our absolute discretion, with any information, material, or content uploaded or otherwise submitted by you to the Sites, including, without limitation, video, audio, still photographs and artwork, links, embedded content, data, information, software, text, Personal Information, 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, truth, or appropriateness of any information or material posted on the Sites by you or other Users and you are responsible for checking and validating such information or materials.

7. Safety of Your Personal Information

7.1 We endeavor to keep the Sites and all Information and content contained within the Sites safe for you in relation to any Personal Information but we cannot guarantee it. You should read our Privacy Policy in relation to protection of your privacy and handling of your Personal Information. To assist with keeping the Sites and their content safe, you undertake that you will at all times when using the Sites, comply with the requirements of this Acceptable Use Policy and specifically you undertake that you will not:

• send or otherwise post unauthorized commercial communications (such as spam) on the Sites;
• collect User content or information, or otherwise access the Sites, 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 Sites to do anything unlawful, misleading, malicious, or discriminatory;
• do anything that could disable, overburden, or impair the proper working of the Sites, 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 Harassment

8.1 We endeavor to keep the Sites and the content contained therein safe for our Users in relation to any Personal Information and free from bullying or harassment, but we cannot guarantee it. In order to assist with keeping the Sites 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 Sites, 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 Sites that infringes or violates someone else’s rights, or constitutes, in our absolute discretion, bullying, or otherwise violates the law. For the purposes of this Acceptable Use Policy, “bullying” shall include instances where 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 Sites 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 for additional information;
• 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 prior, written 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 Sites and we are authorized by you in our absolute discretion, and without notice to you, to remove, disable access to, 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 Sites (either temporarily or permanently) for any reason we deem, in our absolute discretion, constitutes non-compliance or a violation of our policies, whether express, implied, or otherwise.

9.2 Further, when we consider that a breach of this Acceptable Use Policy or our pertinent Terms of Business as appear on our applicable Site(s)or our Privacy Policy has occurred, including through the posting of Inappropriate Material, we may in our absolute discretion, take such action as we deem appropriate and this may result in us taking all or any of the following actions:

• immediate, temporary, or permanent withdrawal of your right to use the Sites, without notice to you;
• immediate, temporary, or permanent removal of any content posted on the Sites, without notice to you;
• issuing a warning to you;
• suspend your account and/or subscription;
• terminate your account, subscription, and/or your right to use the Sites;
• legal action against you; and/ or
• disclosure of such information or material to law enforcement or regulatory authorities as we reasonably deem necessary or as required by law.

9.3 If we withdraw your right to use the Sites, we may (but are not obligated to) notify you by email or at the next time you attempt to access the Sites. We may also delete or disable your account. You should also refer to the termination provisions within our pertinent Terms of Business as appear on our applicable Site(s).

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 our sub-contractors, directly or indirectly, in any jurisdiction, as a result of the use or misuse by you of the Sites or your breach of the terms of this Acceptable Use Policy.

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 (and this Acceptable Use Policy generally) are not limited and we may take other action we deem appropriate.

10. General

10.1 This Acceptable Use Policy, together with our pertinent Terms of Business as appear on our applicable Site(s) , and Privacy Policy which are supplemental to, and made a part hereof, contain the entire agreement between the parties regarding the Sites, unless otherwise stated here or therein.

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 The Myers-Briggs Company reserves the right to modify or update this Policy from time to time without notice 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 exclusively by the laws of the nation in which the Company contracting with you hereunder is established, namely the State of California in respect of The Myers-Briggs Company; England and Wales in respect of The Myers-Briggs Company Limited (including its European operations); Singapore in respect of The Myers-Briggs Company Pte, Ltd.; and Australia in respect of The Myers-Briggs Company Pty Ltd; without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods.

11. Further Information and Complaints

11.1 If you wish to raise a query or make a complaint regarding the Sites, or require assistance in relation to our Sites, please contact us using the information made available under the “Contact Us” section of the Sites. If you have a data protection query or complaint, please contact dpo@themyersbriggs.com and also refer to our Privacy Policy for further information on how we handle Personal Information, including how to contact us and also the relevant supervisory authority.

11.2 Where we receive a complaint concerning content placed by Users on the Sites, we will review the content to determine whether it complies with our content standards and this Acceptable Use Policy, our Privacy Policy, and our pertinent Terms of Business as appear on applicable Site(s). We will deal with any content which, in our opinion, violates our standards, in accordance with this Acceptable Use Policy. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

11.3 If you have questions about any aspects of this Acceptable Use Policy, please contact us using the information made available under the “Contact Us” section of the applicable Site(s).