This Website Terms and User Agreement is a binding contract between you and It’s About Time Events LLC dba Equality Institute (“Equality Institute”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “terms”), govern your access to and use of Equality Institute’s Website located at www.inclusive360.com and related Websites, including any content, functionality, and services offered on or through these sites (collectively, the “Website”). The Website also specifically includes Equality Institute’s Diversity, Equity, and Inclusion Assessment — the Inclusive 360 Assessment and Roadmap (the “Assessment”). For purposes of these terms, “you” means you and the entity you represent and refers to any person accessing the Website by any method on your behalf.
In order to use the Website, you must be (1) 18 or older; and (2) lawfully able to enter into contracts and have the legal authority to bind the organization you represent. You represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms
We may update or change these terms from time to time in order to reflect changes in the services, changes in the law, or for other reasons as deemed necessary by the Equality Institute, in its sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised terms means that You accept and agree to the changes. You are expected to check this page from time to time. You are aware of any changes, as they are binding.
Accessing the Website Generally
You may access and use the Website for your own internal, non-commercial use. Equality Institute reserves the right, for any reason and without notice, in its sole discretion to terminate, change, suspend, or interrupt access. in whole or in part to the Website. Equality Institute further reserves the right to impose registration, password, and other security precautions on access to and use of the Website.
Accessing the Quiz and Assessment Specifically
The “Quiz” is free but the optional fee-based Assessment may be accessed by registering, paying the applicable fees as established by Equality Institute, and, if applicable, agreeing to any product and service-specific agreements.
Prohibited Uses You agree that you will not:
- Use the Website in any way that is unlawful or contrary to these terms;
Take any action that could disable, overburden, damage, or impair the Website or interfere with the proper working or content of the Website or with anyone else’s use or enjoyment of the Website;
- Use the Website to engage in any other conduct that, as determined by us, may harm Equality Institute or users of the Website or use the Website to impersonate or attempt to impersonate Equality Institute, an Equality Institute employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided for by Equality Institute.
- Use any data mining, robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to any parts of the Website, the server on which the Website is stored, or any server, computer, database, or network associated with the Website or Equality Institute.
Rights You Grant to Equality Institute
In exchange for the use of the Assessment, you grant Equality Institute a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, perpetual, and worldwide license to the responses, reports, and other information inputted or generated in connection with your use of the Assessment. Equality Institute will use this information to derive statistical and other data related to improving the Assessment, generated in connection with your use of the Assessment.
You acknowledge that, if you provide any suggestions, requests, ideas, or feedback (the “Feedback”) to Equality Institute in connection with the Website, Equality Institute owns all rights, titles, and interests in the Feedback without restriction and without payment to you.
Reliance on Information Provided
The information presented on or through the Website is made available solely for educational and informational purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents or results.
‘The Website may include content, or links to content, provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, all articles and responses to questions, and other content, other than the content provided by the Equality Institute are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Equality Institute. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any design, selection, and arrangement thereof), are owned by Equality Institute, its licensors, or other providers of such material, and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You agree that you will not take any action that would infringe, misappropriate, or violate the Equality Institute’s intellectual property interests and that you will comply with the intellectual property provisions of these terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or republish any of the material on our Website. You must not modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights.
Notices From Copies of Materials From the Website
If you use or provide any other person with access to any part of the Website in breach of the terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Equality Institute. Any use of the Website not expressly permitted by these terms is a breach of these terms and may violate copyright, trademark, and other laws.
The Equality Institute’s name, logo, certification marks, and all related names (including Inclusive 360), logos, product and service names, designs, and slogans are trademarks of the Equality Institute or its affiliates or licensors. You must not use such marks without the prior written permission of the Equality Institute. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- Personal Data: Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
- Usage Data: Usage Data is data collected automatically either generated by the use of the Website, the Assessment, or from the Website infrastructure itself (for example, the duration of a page visit).
- Cookies: Cookies are small pieces of data stored on your device (computer or mobile device).
- Data Controller: Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
- Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
- Data Subject (or User): Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Website and Assessment for you.
Types of Data Collected
- Personal Data
- While using our Website or Assessment, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Cookies and Usage Data
- We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
- Usage Data
- We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
- Tracking Cookies Data
- Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a Website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
- You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
- Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
Equality Institute uses the collected data for various purposes:
- To provide and maintain our Website and Assessment
- To notify you about changes to our Website and Assessment
- To allow you to participate in interactive features of our Website and Assessment when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Website and Assessment
- To monitor the usage of our Website and Assessment
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
Equality Institute may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it’s not overridden by your rights
- For payment processing purposes
- To comply with the law
Retention of Data
Equality Institute will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure Of Data
Disclosure for Law Enforcement
Under certain circumstances, Equality Institute may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Equality Institute may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Equality Institute
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“Do Not Track” Signals
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform Websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Equality Institute aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Equality Institute relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports Website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
We may provide paid products and/or services within the Website and Assessment. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with is Stripe.Net, a leading payment gateway, to accept credit cards and electronic check payments safely and securely for our customers. The Stripe.Net Payment Gateway manages the complex routing of sensitive customer information through the electronic check and credit card processing networks. See an online payments diagram to see how it works.
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Website and Assessment does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Website Purchases and Other Terms and Conditions
All purchases through the Website or other transactions for the sale of products, services, or information formed through the Website or as a result of visits made by you may be governed by product and service-specific agreements, which, if applicable, are hereby incorporated into these terms.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association or endorsement on our part. We reserve the right to withdraw linking permission without notice.
Links from the Website
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any Website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither equality institute nor any person associated with the Equality Institute makes any warranty or representation with otherwise meets your needs or expectations.
Equality institute hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
In no event will the Equality Institute, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any Websites linked to it, any content on the Website or such other Websites or any services or items obtained through the Website or such other Websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain, and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law without limitation, reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Website.
Termination and Restriction of Access
In its sole discretion, the Equality Institute may terminate or suspend your access to the Website for breach of these terms of service or for any reason it deems appropriate. Any cancellation or termination by you or the Equality Institute shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. The Website may be discontinued at any time without notice or refund, except for services paid for and not yet rendered by Equality Institute. Equality Institute shall not be liable for any losses or damages arising from any such termination of service.
Governing Law and Jurisdiction
All matters relating to the Website and these terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Cook County, Illinois in all disputes arising out of or relating to the use of the Website. The Arbitration Association applies Illinois law. By using the Website, you hereby consent to the submission of any dispute to final and binding arbitration.
Limitation on Time to File Claims
Any cause of action or claim you may have to arise out of or relating to these terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Waiver and Severability
No waiver by Equality Institute of any term or condition set forth in these terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Equality Institute to assert a right or provision under these terms shall not constitute a waiver of such right or provision.
If any provision of these terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms will continue in full force and effect.
Electronic, oral, or written, with respect to the Website. These terms may not be modified except in writing and as is permitted herein. These terms do not supersede or alter your license or other agreement relating to any particular products or services provided by the Equality Institute. In the event of a conflict between these terms and any such other agreement to which you have agreed or in the future agree, the terms of such other agreement shall control.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.