This website is operated by Retail Acuity Recruiter and whose registered address is P.O. Box 2204, Waukesha WI 53187. (“We”) are committed to protecting and preserving the privacy of our visitors when visiting our site or communicating electronically with us.
This policy sets out how we process any personal data we collect from you or that you provide to us through our website. We confirm that we will keep your information secure and that we will comply fully with all applicable UK Data Protection legislation and regulations. Please read the following carefully to understand what happens to personal data that you choose to provide to us, or that we collect from you when you visit this site. By visiting [URL of school/Trust website] (our website) you are accepting and consenting to the practices described in this policy.
Types of information we may collect from you
We may collect, store and use the following kinds of personal information about individuals who visit and use our website:
Information you supply to us. You may supply us with information about you by filling in forms on our website. This includes information you provide when you submit a contact/enquiry form [list any other active forms on your website (ie. Request a Prospectus Form, Application Form, Report and Absence Form, etc.]. The information you give us may include your name, address, e-mail address and phone number, [list any other types of information you collect via other active forms on your website (ie. child’s name, child’s date of birth, etc.)].
Information our website automatically collects about you. With regard to each of your visits to our website we may automatically collect information including the following:
- technical information, including a truncated and anonymised version of your Internet protocol (IP) address, browser type and version, operating system and platform;
- information about your visit, including what pages you visit, how long you are on the site, how you got to the site (including date and time); page response times, length of visit, what you click on, documents downloaded and download errors.
Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
How we may use the information we collect
We use the information in the following ways:
Information you supply to us. We will use this information:
- to provide you with information and/or services that you request from us;
- marketing and promotional information
Information we automatically collect about you. We will use this information:
- to administer our site including troubleshooting and statistical purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- security and debugging as part of our efforts to keep our site safe and secure.
This information is collected anonymously and is not linked to information that identifies you as an individual. We use Google Analytics to track this information. Find out how Google uses your data at https://support.google.com/analytics/answer/6004245.
Disclosure of your information
We do not rent, sell or share personal information about you with other people or non-affiliated companies. [Check this statement is in accordance with your internal data processing activities and outline any other storage of information inline with your internal data policy (ie. Do you have a database of personal data stored on third party platforms such as MailChimp?)]
We will use all reasonable efforts to ensure that your personal data is not disclosed to regional/national institutions and authorities, unless required by law or other regulations.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Third party links
Our site may, from time to time, contain links to and from the third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Your rights – access to your personal data
You have the right to ensure that your personal data is being processed lawfully (“Subject Access Right”). Your subject access right can be exercised in accordance with data protection laws and regulations. Any subject access request must be made in writing to [insert school/Trust Data Controller contact details]. We will provide your personal data to you within the statutory time frames. To enable us to trace any of your personal data that we may be holding, we may need to request further information from you. If you have a complaint about how we have used your information, you have the right to complain to the Information Commissioner’s Office (ICO).
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to recruiter@retailacuity.com.
This End User License Agreement ("Agreement") is a binding agreement between the end user ("you", "your" or "End User") of the software application and website (as defined herein) and Retail Acuity, LLC ("RetailAcuity"). This Agreement governs your use of the RetailAcuity Software, including the Hosted Software (both as defined herein) and all related documentation. The Software is licensed, not sold, to you.
BY DOWNLOADING/ACCESSING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS, INSTALL OR USE THE APPLICATION.
1. Definitions.
"Deidentified" means data that has been processed to remove, hide, encrypt, anonymize or aggregate identifying information such that one could not, using reasonable efforts, link such information back to you.
"End User Data" means data entered or uploaded by you to the Hosted Software via the Software.
"Hosted Software" means the online software, platform and websites which you can access via the Software and your account that are hosted and maintained by RetailAcuity.
"Software" means the downloadable software application offered by RetailAcuity through which your RetailAcuity account is accessed.
"Mobile Device" means a smartphone, tablet, or other mobile computing device on which the Software is installable or installed.
"Services" means a web-based software platform with interactive tools to record symptoms, medication compliance and other aspects of patient care reported by the end users.
"RetailAcuity Data" means all information, including, but not limited to, data, analyses, measurements, reports, trends, and metrics, generated from, derived from, based on or related to End User Data.
"Website" means the website accessible at RetailAcuity.com or via the Software.
2. License Grant.
RetailAcuity, through the Software, provides the Services to you subject to your compliance with the terms of this Agreement, RetailAcuity grants you a personal, limited, terminable, non-exclusive, non-transferable license to:
- (a) download, access, and use the Software strictly in accordance with the Software's documentation; and
- (b) access and use on such the Services made available in or otherwise accessible through the Software, strictly in accordance with this Agreement.
3. License Restrictions.
- (a) You shall not:
- (i) copy the Software;
- (ii) modify, translate, adapt or otherwise create derivative works or improvements, of the Software;
- (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Software, the Hosted Software or any part thereof;
- (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Software;
- (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, publicly perform or display, transfer or otherwise make available the Software or any features or functionality of the Software, to any third party for any reason, including by making the Software available on a network where it is capable of being accessed by more than one device at any time;
- (vi) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Software; or,
- (vii) upload or introduce any virus or malware to the Hosted Software.
- (b) You are responsible for keeping your account login credentials (user name and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your End User Data.
4. Reservation of Rights.
You acknowledge and agree that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this Agreement or any other rights thereto other than to use the Software in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. RetailAcuity and its licensors and service providers reserve and shall retain each of their entire right, title and interest in and to the Software and Website. All rights not specifically granted in this Agreement are reserved by RetailAcuity. RetailAcuity shall own all rights in any functionality, features, modification or customization of the Software.
5. Collection and Use of Your Information.
You acknowledge that when you download, install or use the Software, RetailAcuity may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the Software (which is included in the definition of End User Data). All information RetailAcuity collects through or in connection with this Software and your use thereof is subject to RetailAcuity's privacy policy, which is located on RetailAcuity's website and which may be updated from time to time without notice ("Privacy Policy").
6. Ownership and Use of Data.
All ownership rights in and to the Software shall remain exclusively with RetailAcuity and its licensors, as applicable. Access to the Services is provided to you only to allow you to exercise your rights under this Agreement, and no implied license or right not expressly set forth in this Agreement is granted to you.
- (a) End User Data. In connection with the Software, RetailAcuity may collect and maintain End User Data provided by you. You shall own all End User Data. RetailAcuity shall maintain all personal identifiable aspects of all End User Data as confidential pursuant to the Privacy Policy. All third parties authorized by RetailAcuity which may have access to the End User Data shall be under obligations of confidentiality to maintain the End User Data as confidential pursuant to the Privacy Policy. You agree to and do hereby grant to RetailAcuity the irrevocable, perpetual, transferrable right to use, disclose, commercialize, assign, convey, sell, lease, license or transfer any Deidentified End User Data.
- (b) RetailAcuity Data. All RetailAcuity Data is the sole property of RetailAcuity. RetailAcuity has the right to use, collect, store, create, aggregate, mine, analyze, modify, commercialize, assign, convey, sell, lease, license or transfer RetailAcuity Data in any form, for any purpose and in any manner. Any RetailAcuity Data provided to you shall be subject to limitations and restrictions imposed by RetailAcuity's Privacy Policy and other commercial agreements to which RetailAcuity may be a party.
7. Geographic Restrictions.
The Software and access to RetailAcuity's Hosted Software are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Hosted Software outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Hosted Software from outside the United States, you are responsible for compliance with local laws.
8. Updates.
RetailAcuity may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that RetailAcuity has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
9. Third Party Materials.
The Software may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that RetailAcuity is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. RetailAcuity does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
10. Term and Termination.
- (a) The term of Agreement commences when you download/access the Software or acknowledge your acceptance, and will continue in effect until terminated by you or RetailAcuity as set forth in herein.
- (b) RetailAcuity may terminate this Agreement at any time without notice if it ceases to support the Software, which RetailAcuity may do in its sole discretion. In addition, RetailAcuity may immediately terminate this Agreement with or without any notice if you violate any of the terms and conditions of this Agreement.
- (c) Upon termination:
- (i) all rights granted to you under this Agreement will also terminate;
- (ii) you must cease all use of the Software and delete all copies of the Software from your Mobile Device; and
- (iii) your access to RetailAcuity's Hosted Software, your account and your End User Data will be terminated.
- (e) Termination will not limit any of RetailAcuity's rights or remedies at law or in equity.
11. Disclaimer of Warranties.
- (a) THE APPLICATION IS PROVIDED TO YOU "AS IS, AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RetailAcuity, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, RetailAcuity PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
- (b) WITHOUT LIMITING THE FOREGOING, NEITHER RetailAcuity NOR ANY RetailAcuity PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE RetailAcuity APPLICATION, OR THE INFORMATION, CONTENT, THE RetailAcuity SOFTWARE, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE RetailAcuity APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE RetailAcuity APPLICATION; OR (IV) THAT THE RetailAcuity APPLICATION, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF RetailAcuity ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
- (c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- (d) You agree that RetailAcuity assumes no responsibility for any content you submit, upload, create or make available through the Software.
- (e) RetailAcuity is not liable for the acts or omissions of its contractors, vendors and service providers.
12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RetailAcuity OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
- (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR CORRUPTION DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
- (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (i) THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION AND (ii) ONE HUNDRED DOLLARS (U.S.). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR RetailAcuity WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
RetailAcuity DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE RetailAcuity APPLICATION, RetailAcuity SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF THE RetailAcuity APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF RetailAcuity.
UNDER NO CIRCUMSTANCES SHALL RetailAcuity BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE RetailAcuity APPLICATION, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE RetailAcuity APPLICATION OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RetailAcuity RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED THROUGH THE SOFTWARE AND YOU TO THE RetailAcuity SERVICES AVAILABLE THROUGH THE SOFTWARE.
13. Indemnification.
You agree to indemnify, defend and hold harmless RetailAcuity and its officers, directors, employees, agents, affiliates, service providers, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Software or your breach of this Agreement.
14. Governing Law.
This Agreement is governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Software shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in Waukesha County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Limitation of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16. Entire Agreement.
This Agreement constitutes the entire agreement between you and RetailAcuity with respect to the Software and the use of the Hosted Software and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Retail Acuity Recruiter does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, subcontractors, vendors, and clients.
This website is provided as a services for employers. Retail Acuity Recruiter assumes no liability for the hiring practices of these employers. Any and all reports of employers using the Recruiter platform engaging in discrimitory practices are throroughly investigated.
Retail Acuity Recruiter is an equal opportunity employer. We will not discriminate and will take affirmative action measures to ensure against discrimination in employment, recruitment, advertisements for employment, compensation, termination, upgrading, promotions, and other conditions of employment against any employee or job applicant on the bases of race, color, gender, national origin, age, religion, creed, disability, veteran's status, sexual orientation, gender identity or gender expression.