Effective April 23, 2018

Terms of Use and Privacy Policy

Extensis Group (“Company”) offers the HR Cloud (Extensis) application (“App”) to certain authorized and registered members of its workforce and authorized and registered Worksite Employees of the Company’s clients that have been approved by the Company to use the App (collectively the “Users”). Use of the App is subject to the User’s acknowledging and agreeing to the terms, conditions, and statements contained in this Terms of Use and Privacy Statement (the “Terms”). Your access and use of the App constitutes your agreement to the Terms.

If you have not been authorized by the Company to access and use the App and you have not registered to use the App, you are not permitted to do so. Your continued use may subject you to discipline by the Company, up to and including termination of employment, if you are an Extensis employee, or modification or cessation of your relationship with the Company. However, any access and use of the App, even if unauthorized hereunder, is subject to the Terms.The Company reserves the right to terminate your access or use of the App at any time without notice for any reason whatsoever.

Please review these Terms carefully. The Company reserves the right to change the Terms under which the App is offered and maintained, at any time and for any reason, in which event the App will contain a notice of the change. Changes will be effective immediately upon posting to the App. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this App following the posting of changes to the Terms constitutes your agreement to the changes. If you have any questions or concerns about any of our practices, please contact us at Risk@extensisgroup.com.
 

Terms of Use

NO UNLAWFUL OR PROHIBITED USE
By now you should be familiar with the App’s intended uses and its benefits. If not, please refer to the https://www.extensisgroup.com/hrcloudapp (“App Materials”). You are permitted to use the App only for the purposes described in the App Materials or as otherwise communicated by the Company in writing.

As a condition of your use of the App, you warrant to the Company that you will not use the App for any purpose that is unlawful or prohibited by the App Materials, these Terms or any Company policy, including without limitation the Company’s Policy on Information Technology Acceptable Use and Responsibilities. For example, you may not use the App in any manner which could damage, disable, overburden, or impair the App or the Company’s information systems, or interfere with any other party's use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.

You will not use any robot, spider, other automatic device, or manual process to monitor or copy the App or the contents or information contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted through the App. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any Information in which you have an ownership interest) from the App without our prior express written consent

If applicable, you may not permit anyone other than yourself to use your username, password, or other access credentials to gain access to the App. You will take reasonable steps to maintain the privacy of your username, password, and any other credentials used to access the App, and to prevent unauthorized access to or disclosure of such credentials. You may not assign or delegate any rights or privileges you may have to access and use the App under the App Materials and Terms to anyone else.

The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

USE OF COMMUNICATION SERVICES
The App may contain calendars, and/or other message or communication facilities designed to enable Users to communicate with others (collectively, "Communication Services"). Users agree to use the Communication Services only to post, send and receive messages and material in a manner consistent with the Terms and Company policy. By way of example, and without limitation, you agree that when using a Communication Service, you will not:
  • Defame, abuse, harass, discriminate against, stalk, threaten or otherwise violate the legal rights of others.
  • Use a person’s photo or image for a commercial purpose without their consent.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App or another's computer or device.
  • Restrict or inhibit any other User from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right in its sole discretion to review materials posted to a Communication Service and to remove any materials at any time, for any reason, without notice to Users. The Company reserves the right to terminate User access to any or all of the Communication Services at any time without notice for any reason whatsoever. In addition, the Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, in the Company's sole discretion.

The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from participation in any Communication Service.

MATERIALS PROVIDED TO THE COMPANY OR POSTED ON THE APP
By posting, uploading, inputting, providing or submitting information or data directly or indirectly, Users grant the Company, its affiliated companies and third party service providers permission to use such information and data in connection with the operation of the App and its businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such information and data, including any photos, images or pictures of any kind; and to publish the applicable User’s name in connection therewith, except to the extent prohibited by law. The Company is under no obligation to post or use, and Users will not be compensated in any way for any of the information or data provided as described above. The Company may, in its sole discretion, remove any such information or data at any time, for any reason, without notice to Users. All personal information provided to this App will be handled in accordance with the App’s online Privacy Statement.

By posting, uploading, inputting, providing or submitting information or data you warrant and represent that you own or otherwise control all of the rights to that information or data including, without limitation, all the rights necessary for you to provide, post, upload, input or submit.

LINKS TO THIRD PARTY SITES
The App may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. By providing these links, the Company does not endorse, sponsor or recommend such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. We reserve the right to disable links from any third party sites to the App.

Please exercise discretion while browsing the Internet and using the App. You should be aware that when you are using the App, you could be directed to other sites that are beyond our control. There are links to other sites from the App that take you outside of the App. For example, if you "click" on a banner advertisement or a search result, the "click" may take you out of the App. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the App may send cookies to users that we do not control.

We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

LIABILITY DISCLAIMER
The Company is not responsible if information made available on this App is not accurate, complete or current. The material on this App is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on this App is at your own risk. This App may contain certain historical information. Historical information necessarily is not current and is provided for your reference only.

THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.

You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.

We may prohibit you from participating in or utilizing the App if in our sole and absolute discretion you show a disregard for the Terms or act in an unsportsmanlike manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.

If for any reason any portion of the App is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Company which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the App, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and anyone else from using the Site, and to cancel, terminate, modify or suspend the App or any portion thereof and void such information.

You also agree that the Company is not responsible or liable in any way for injury, loss or damage to your computer related to or resulting from use of the App or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the App operating or not operating on computers or networks used by you or communicating with such computers or networks.

We do not control the information provided by other Users which is made available through the App. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the App.

The App may contain technical inaccuracies or typographical errors or omissions. The Company is not responsible for any typographical, photographic, technical or pricing errors listed on our App.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms. If you cause a technical disruption of the App or the systems transmitting the App to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

GENERAL
To the maximum extent permitted by law, these Terms are governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the App. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or access to or use of the App.

The Company's performance of these Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of the Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by the Company with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Even if your employment or relationship with the Company is terminated, the Terms continue to apply to any access or use you may make of the App following such termination.

The headers are provided only to make the Terms easier to read and understand, they will not affect the interpretation of the Terms.

Unless otherwise specified herein or agreed to by the User, these Terms constitute the entire agreement between the User and the Company with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to the App. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You represent and warrant that you have the legal right, power and authority to agree to the Terms on behalf of yourself for participating in the App. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated the Terms and acknowledged and agreed that there Terms is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.

Privacy Statement

The Company is committed to protecting the privacy and security of certain data that is collected from you and that you submit when you access and use the App, as well as the data that is accessed through the App. Except to the extent we receive your authorization or as permitted or required by applicable law, we will handle your personal information in accordance with the Terms in effect at the time of the collection. The discussion below is intended to familiarize you with our policies for access, use, maintenance, processing, transmission and protection of personal information.

Information Accessible and Collected. As discussed in the App Materials, the App currently will make available certain read-only information through the Prism HR system. Such information includes:
  • Current and historical paycheck info (up to 6 pay periods)
  • General benefit plan information for employee and dependents (health, dental, vision and other benefit enrollments)
  • Time off information – PTO time used and current year eligibility
  • Links to third party providers, ESC Hotline, Helpdesk Chat
  • Messages from Prism HR portal
  • Push notifications with Company announcements. Note message and data rates may apply.

Only authorized and registered Users, upon successful sign up and verification, will be able to access this information. Currently, the App will permit a User to access his or her own information. The Company plans on adding additional functionality which will be summarized in updated App Materials.

In addition, the App will collect limited information in order to carry out the purposes of the App, although most of this information will be obtained directly from the User. For example, the App collects the User’s contact information and the information input into the User’s profile on the App, and may use date of birth for verification purposes. The App does not collect or track the User’s location through GPS or similar technologies. Note that, the App will not collect sensitive information about you such as your Social Security number, home address, and personal e-mail address, unless you input it into your profile.

The Company also may compile statistical information concerning the usage of the App. This information allows the Company to monitor its utilization and continuously improve its quality. Examples of this information would include, but not be limited to, the number of times you access the App, or to sections or pages within the App, length of time spent on the App, or in sections or pages of the App, and the operating system(s) and device(s) you use to access the App. We also may collect the number of visitors to the App, patterns of traffic flowing through the App, the other sites that refer visitors to the App, features of the App that visitors frequently use as entry and exit points.

In order to compile this information, the Company may collect and store your IP address, your operating system version, the length of time you spend on pages within the App, etc. While all of this information can be associated with the IP address your computer had while you visited the App, it will not be associated with you as an individual, or associated with any other information you may submit through the App, or that Company may store about you for any other purposes.

We may use cookies and similar technologies on the App to help customize the App and improve User experience. When you access the App, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the App.

Additionally, and consistent with the Company’s Policy on Information Technology Acceptable Use and Responsibilities, the Company reserves the right to monitor the activity on the App at any time for any reason. Thus, you have no expectation of privacy with regard to your accessing or use of the App.

Note that if you choose not to provide your personal information, we may be unable to provide the App services, information, or assistance you are seeking.

Disclosure of Information. In the course of our normal business activities, we may disclose collected information to both affiliates and non-affiliated entities, as we deem necessary. We will not disclose your information for any purposes other than those in conjunction with the business activities requested of us unless otherwise permitted or required by law. For example, and without limitation, the Company may need to use or disclose this information with its third party vendors to manage the App; process payments and requests for services; provide you with services; engage in marketing activities, such as sharing personal information with our partners to deliver advertisements to our shared customers; enhance our services by, among other methods, obtaining assistance with providing more personalized services to you through analytics and other technologies; and protecting the Company’s interests and legal rights, such as through responding to subpoenas, and defending litigation. We endeavor to choose affiliates and non-affiliates with similar standards to ours regarding the protection of personal information.

Other than setting up your profile, the Company generally does not require you to provide personal information to obtain access to the App. In no case will the Company sell or license personal information to third parties, except as required or permitted by law. For example, we may sell, assign or share personal information in connection with certain business transactions, such as the acquisition of all or substantially all of the Company’s assets. In such cases, we will take appropriate steps under the circumstances and to the extent possible to ensure that the recipient agrees to provide privacy protections substantially similar to those established by the Terms.

Safeguarding of Information. No system for safeguarding personal or other information is 100% secure. However, we take a number of steps to safeguard the security of personal information obtained or exchanged through the App. For example, we use two-factor authentication for login and encrypt data in transit from the cloud to the device.

Information of Children. The App is not directed to children as the services on this App are intended for persons 18 years of age and older. The Company does not knowingly collect, use or disclose any personal information from children. If you are concerned about a child’s use of the App, you may use web-filtering technology to supervise or limit access to the App.

Contact Us. If you have any questions regarding the Terms, you may contact us at:
Risk Management, 900 U.S. 9 3rd Floor, Woodbridge, NJ 07095, (888) 473-6398, Risk@extensisgroup.com.

Copyright and DMCA Statement. All materials contained in the App are the copyrighted property of Extensis Group, or its subsidiaries or affiliated companies and/or third party licensors. No material from the App may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information without our prior express written consent. We consider our trademarks to be valuable assets, and take infringement of them seriously.

The Company complies with the applicable provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on the App, please send a notice to the agent designated below and following the instructions that follow:

Designated Agent:
CT Corporation
111 Eighth Avenue, 13th floor
New York, NY 10011
(800) 522-5183

You notice must comply with the applicable provisions of the DMCA, which can be accessed here. In addition to submitting the notice in writing (written letter or email), the notice must contain the following:
  • A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
  • A description of the copyrighted work claimed to have been infringed and multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All contents of the App are: Copyright 2018 Extensis Group. All rights reserved. 4826-7271-5298, v. 1

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