7. Data Privacy and Security; Confidentiality

7.1 If You choose, or You are provided with, a user identification code, login ID, login email ID, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms.

7.2 Subject to the express permissions of these Terms, You and Skills2Talent / OKR Stars will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use each other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and Employees who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this Section 7 shall supersede any non-disclosure agreement by and between You and Skills2Talent / OKR Stars entered prior to these Terms that would purport to address the confidentiality of Your Data and such agreement shall have no further force or effect with respect to Your Data, except to the extent any provisions thereof are intended or expressly stated to survive.

7.3 Skills2Talent / OKR Stars will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data. These safeguards may include encryption of Your Data in transmission (using SSL or similar technologies) as described further in Our Privacy Policy.

7.4 You agree that Skills2Talent / OKR Stars and the service providers it utilizes to assist in providing the Service to You shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Service, including, without limitation, in response to Your support requests. Any third party service providers We utilize will only be given access to Your Account and Your Data as is reasonably necessary to provide the Service and will be subject to confidentiality obligations. The Skills2Talent / OKR Stars Group may also access or disclose information about You, Your Account, Employees or End-Customers, including Your Data, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect Skills2Talent / OKR Stars Group’s or its customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Services; (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.

7.5 We collect certain information about You, Your Affiliates, Employees and End-Customers as well as Your and their respective devices, computers and use of the Service. We use, disclose, and protect this information as described in Our Privacy Policy, the then-current version of which is available at Skills2Talent.com/privacy and is incorporated into these Terms.

7.6 To the extent Skills2Talent / OKR Stars Processes any Personal Data on Your behalf in connection with use of the Service by You, Your Employees and/or End-Customers, Skills2Talent / OKR Stars and You hereby agree that You shall be deemed to be the data controller and Skills2Talent / OKR Stars shall be deemed to be the data processor as those terms are understood under the Directive (and any applicable national legislation implementing the Directive). By utilizing the Service, You consent, on behalf of You and Your Employees and End-Customers (and represent that You have the authority to consent on behalf of Your Employees and End-Customers) to the Processing of Your Data, including, without limitation, any Personal Data, within the Skills2Talent / OKR Stars Group and to other authorized service providers pursuant to these Terms and Our Privacy Policy within the European Economic Area, the United States and in other countries and territories.