1. Introduction

1.1 These Terms and Conditions (‘T&C’) are stipulated between Glickon and the User (individually a ‘Party’ and together the ‘Parties’) and govern the latter’s use of the Platform (as defined below) and its functionalities for the purposes described below, coming into force at the moment of acceptance by the User. For this reason, use of and registration on the Platform is only permitted to Users who, according to the applicable legislation, are legally capable of acting. The T&C and any other document referred to or attached hereto, together with the privacy policy form the entire binding agreement between Glickon and the User regarding the use of the Platform outlined below.

1.2 By browsing the Platform, registering with it or using its features, the User declares that he or she has read and understood these Terms and Conditions and fully and unconditionally accepts each and every one of their provisions. If the User does not intend to accept these T&C, he or she must immediately stop browsing and not register to the Platform, nor access, view, download or otherwise use any page, content or service provided by the Platform, by contacting his or her contact person at the Partner Company.

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2. Definitions

2.1 Terms used in these Terms and Conditions with a capitalized initial shall have the following meanings, which shall apply both in the singular and plural:

• ‘Partner Company’ means a company that has entered into a commercial agreement with Glickon for the insertion of a Company Page or one or more Company Challenges hosted on the Platform, aimed at achieving a Company Objective;
• ‘Challenge’ means a challenge, based on multiple choice or open-answer tests, posted on the Platform directly by Glickon, in which all Users may participate, aimed at assessing the knowledge of a specific subject and/or the possession of a specific skill;
• ‘Company Challenge’ means a section of the Platform, organised by the Partner Company, which may include Content and/or Tests, in order to engage Users in challenges related to a Company Purpose;
• ‘Company Page’ means the profile page in which a Partner Company can place Content aimed at achieving the Company Purpose on the Platform;
• ‘Content’ means, but is not restricted to, text, images, graphics, video, audio and any other information or data uploaded on the Platform by the Partner Company, or by Glickon on its behalf, in order to engage Users and/or provide information in connection with the Company Purpose;
• ‘User Content‘ means all Content, including but not limited to photos, data, text, electronic documents in any format, software, graphics, sounds, images, videos or other materials, whether or not protected by copyright or other rights, uploaded or otherwise made available by the User on the Platform;
• ‘Glickon’ means Glickon S.p.A., a company incorporated under the laws of Italy with registered office in Milan, via Nino Bixio 7, tax code/VAT number/registration number in Milan’s commercial register 0857382096;
• ‘Platform’ means Glickon’s platform, accessible at the URL www.glickon.com, on which Users are engaged by the Partner Company or by Glickon on behalf of the latter, in relation to Challenges aimed at assessing their skills using specific game modes. The User may participate for fun, to train their knowledge/skills or to get in contact with Partner Companies. The Platform is available in a desktop version accessible through the most common web-browsers;
• ‘Company Purpose’ means the activities for which the Platform can be used by the Partner Company, including but not limited to employer branding, talent engagement, recruiting activities, skill assessment, sentiment analysis and surveys;
• ‘Test’ means a series of questions and answers regarding different subject areas, aimed at verifying the level of knowledge of a specific subject or matter by one or more Users. Each Test can be associated to one or more Company Challenges/Challenges and can be created independently by the Partner Company or by Glickon on its behalf;
• ‘User’ means the physical person who accepts and is bound by these T&C and who uses the Platform and its functionalities outside of his/her own business, commercial, craft or professional activity.
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3. Operation of the platform

3.1 The Platform is designed to facilitate the interaction between Partner Companies and Users, allowing the latter to test and develop their skills through the Challenges (Company and not) and the Partner Company to evaluate them. The User may carry out Challenges purely for fun or otherwise to be involved, for example, in employer branding, talent acquisition and communication activities promoted by the Partner Companies for the achievement of their own Company Purpose.

3.2 Each User will be able to participate in all or only some of the Challenges on specific skills and interests, choosing from those organised by Glickon or the various Partner Companies, classified within the Platform in special categories corresponding to the distinct areas of interest. The User may challenge other Users of the Platform, or people connected to them through their social profiles (Facebook friends, LinkedIn contacts or others), who must register with the Platform in order to access the challenges.

3.3 Glickon and/or the Partner Company may, at its own discretion, propose various types of Challenges to a limited group of Users who have achieved the best scores or who have professional profiles or specific skills of interest to the Partner Company.

3.4 The Company Challenges are enabled, organised, realized and managed by the Partner Company in full autonomy. Furthermore, the selection and rating of individual Users participating in the Challenge will take place at the exclusive discretion of the Partner Company promoting the Challenge, which will apply the selection criteria it deems most appropriate, under its sole responsibility, without any involvement of Glickon.

3.5 Access to the Platform may from time to time be suspended or temporarily restricted for the performance of work necessary for the purposes of its maintenance, repair or updating with new services and products. Glickon shall endeavour to minimise the frequency and duration of such suspensions and/or restrictions. Glickon cannot guarantee that the Platform is free of viruses or other components that are potentially harmful to Users’ devices. The User therefore accepts that use of the Platform takes place exclusively at their own risk.

3.6 The use and proper functioning of the Platform may, at times, be limited due to functionalities, interruptions or problems related to the User’s connectivity, the type of device used or the rates of each User’s data plan, for which Glickon cannot be held responsible in any way.

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4. Registration to the platform

4.1 In order to be able to use all the features of the Platform, the User must register with her/his email address, or by social login, using the credentials associated with her/his accounts on third party platforms (e.g. Facebook, LinkedIn or Google). As part of this procedure, the User is required to fill in several boxes in his profile. In the case of registration using social logins, certain data may be preloaded by drawing on information made available by the third parties involved. By clicking on the appropriate button, the User consents to the acquisition of this data by Glickon (for further information on this please refer to the Platform’s Privacy Policy).

4.2 Glickon cannot in any way acquire the User’s access credentials to their accounts on third party platforms, as these remain under the exclusive control and responsibility of the User. The User may at any time disconnect their social login from the Platform, it being understood that this will result in the non-operation of the associated account.

4.3 The email address provided by the User during registration and the accounts associated with services provided by third parties (e.g. Facebook and LinkedIn) will be used by Glickon for all communications relating to or in any way associated with the use of the Platform and the services offered through it. The User accepts the validity of these means of communication and undertakes to regularly check these channels.

4.4 All operations carried out on the Platform through the User’s account shall be deemed to be done directly by the User, who shall therefore be exclusively responsible for them, without exception.

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5. Information associated with the user’s account

5.1 The User states and guarantees under his or her own exclusive responsibility that all information submitted during registration, directly through the Platform or via social login, are true, correct and up-to-date. It is understood that Glickon cannot be held responsible in any way for the truthfulness, correctness and updating of the aforementioned information.

5.2 User may at any time enhance his/her personal profile by adding further information relating to his/her curriculum vitae, personal images and/or videos or view, through it, statistics relating to his/her progress in the Challenges and tests in which he/she has participated. Moreover, the User may at any time change the settings of his/her account and decide to show or not to show his/her data to other Users and Partner Companies. It is understood that, when the User decides to participate in a Company Challenge, the Partner Company that has organised it may view all the profiles of the participants, including the results of all the Challenges published by Glickon that the User has carried out since his/her registration on the Platform. The results of the Company Challenges published by other Partner Companies will not be visible in any case.

5.3 If the User would prefer not to have his/her results visible, he/she may modify the settings of his/her profile, making it private for all Partner Companies except those to whom the User has made an application through the Platform, who shall continue to have access to his/her data.

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6. Use of the platform

6.1 By registering on the Platform and using the Service, each User unconditionally accepts to:

• to act in accordance with the applicable legislation;
• to provide information that is accurate, up-to-date, non-confidential and does not violate the intellectual property rights or other rights of third parties;
• to provide all the information required to verify his or her identity that may be requested by Glickon or any competent judicial or administrative authority in accordance with the applicable legal regulations;
• diligently protect the credentials for accessing their account, it being understood that the security and secrecy of these credentials are the sole responsibility of the User. If the User suspects that his or her account has been accessed by a third party, the User must contact Glickon immediately and change his or her password as soon as possible. Glickon accepts no responsibility for any damage resulting from the non-diligent storage of the access credentials used by the User to access the Platform;
• not to publish any Content or material on the Platform that is contrary to law, public order or morality, or that otherwise directly or indirectly violates the rights of third parties;
• not to transmit, upload, or in any way make available on the Platform viruses, unsuitable or threatening content, advertisements, unsolicited or non-authorised promotional materials, including any form of spamming;
• not to damage, interfere with or disrupt in any way access to the Platform and its Content, or take any action that may alter its functionality or disturb the access of other Users to the Platform and its Content;
• not to use the Platform in a way that is unlawful or harmful to Glickon, or to any other User of the Platform or third party;
• not to carry out or in otherwise facilitating, supporting or soliciting the carrying out of any activity which has as its object or in any way involves the copying, modification or reverse engineering, or the reproduction, disassembly, de-compilation, decryption or deconstruction of the software, algorithms or codes of the Platform (including interfaces and any other data embedded in or used in conjunction with programs that might or might not be technically considered as codes), as well as the processes, information and data linked to or contained within it;

6.2 Glickon may at any time and without prior notice restrict, suspend or permanently close the User’s account in the event of a breach of the above rules. The closure of an account will result in the loss of access to the Platform and the data associated with it.

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7. User content

7.1 By transmitting, uploading or otherwise making User Content available through the Platform, the User grants without reservation to the Partner Company, within the limits established by the laws in force, a non-exclusive, worldwide licence to copy, use, reproduce, modify, adapt, translate, publish, create derivative works from, license or sub-licence and distribute any such User Content, for the entire duration of the User’s account on the Platform, in any form, medium or technology. The User acknowledges and accepts that the Partner Company may use the User Content without any monetary or other compensation for any purpose, including but not limited to the development, production, distribution or marketing of products or services.

7.2 The User declares and guarantees that any User Content complies with the law and does not contain any unlawful material, data or information, or any material that is against morality, decency or public order, nor does it contain obscene, defamatory, offensive content or content that is discriminatory in nature in relation to religion, race, sexual orientation, nationality and, more generally, content that could be offensive or that violates the rights of third parties, including intellectual property rights.

7.3 The User undertakes not to upload to the Platform any electronic files or any material that contains viruses or other codes, files or software created to interrupt, destroy, limit or modify the operation of software, hardware or telecommunications equipment, and the Glickon platform or that of third parties.

7.4 The User is exclusively responsible for any User Content uploaded to the Platform from his or her account and undertakes to completely indemnify and hold harmless Glickon and its administrators, representatives, directors and collaborators from and against any damage, claim, action, cost incurred (including legal fees) and more generally liability that may arise directly or indirectly from the uploading of User Content that is prohibited under these T&C.

7.5 Glickon reserves the unquestionable right to remove User Content at any time, if the User Content is not deemed appropriate and in line with the standards of acceptability set by Glickon in its sole discretion, or if the User Content infringes the rights of third parties.

7.6 Glickon also reserves the right to suspend or revoke the User’s account without prior notice, thus temporarily or permanently preventing the User’s access to the Platform and its functionalities, whenever it has a justified suspicion that violations of the provisions of these Terms and Conditions or of the law are being committed by or on behalf of the User, or by a third party with the consent or support of the latter.

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8. Account Deletion

8.1 The User may modify their personal profile at any time or delete their account from the Platform using the appropriate button in the ‘Settings’ section of their profile. The User will receive an automatic communication by email confirming receipt of the request, specifying that the account will be deleted within the following 72 hours.

8.2 Following the deletion of the account from the Platform, Glickon will inform the competent Partner Company as the owner of the User’s personal data without delay of the User’s request for deletion, so that it can fulfil its obligations in accordance with current data protection legislation.

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9. Warranties and Indemnity

9.1 By the User

• The User acknowledges and accepts that the Platform and its Content are provided ‘as is’ and ‘as available’ at the time of their use.
• The User is the only and exclusive responsible for the use and security of their email and accounts, including for the activities carried out through their use.
• The User is aware that, in order to regulate access to the Platform, the authentication procedure is required exclusively for the verification of the email address provided and the accounts used, except in cases expressly established by law for which it is necessary to provide their identification data.
• The User is completely and exclusively responsible, in accordance with the provisions of Article 4.4 above, for any damages that may be incurred by Glickon or third parties as a result of the incorrect use, loss, theft and/or compromise of the confidentiality of the email address and accounts used.
• The User declares himself/herself aware that, also in accordance with the provisions of Article 3.4 above, any kind of violation connected to or resulting from the Contents, Tests, or other fields included in each Company Challenge, as well as the processing of personal data that may be present in them, falls under the direct and exclusive responsibility of the Partner Company.
• Without prejudice to the provisions of Article 7.4 above, the User is the only and directly responsible for the correctness, truthfulness and updating of his/her personal data and all other information uploaded and made public through the Platform by his/her account. For this reason, the User expressly undertakes to indemnify and hold Glickon harmless from all damages and expenses (including foreseeable legal fees) that may result from actions by third parties or administrative or judicial authorities for infringement of third-party rights or applicable legislation by the User.

9.2 By Glickon

• Glickon is not and does not perform the functions of an employment agency or recruitment agency, but acts as a service provider within the meaning of the applicable legislation by making available a Platform through which Users can compete with each other, compete through Challenges and get in contact with Partner Companies.
• By accessing and using the Platform, the User does not act in any form under the authority or control of Glickon, not even indirectly. Therefore, Glickon is in no way responsible for the actions, Content and information provided, published or shared by Users on the Platform. Nothing in these T&C implies that Glickon is obliged or may be deemed to be obliged to carry out any surveillance or preventive control over the information and Content stored and transferred via the Platform, nor to actively search for facts or circumstances that reveal the performance of legally or contractually illegal activities. In any case, all rights of Glickon towards the User under the applicable Community and national legislation are fully maintained.
• Glickon is in no way responsible for any kind of relationship that may be established between the User and Partner Companies that interact with the Platform, as these are totally private and confidential relationships over which Glickon cannot exercise any control.
• Furthermore, Glickon is in no way responsible, nor can it give any guarantee, regarding any communications, training, meetings, negotiations, contractual agreements or working relationships that might arise between the User and Partner Companies.
• It is expressly understood that whatever the Company Purpose for which the Partner Company uses the Platform, the lawfulness of this purpose and the compliance with the regulations in force, with particular but not limited reference to those applicable to the protection of personal data, of the activities and processing operations carried out independently by the Partner Company for the implementation of the same, fall under the sole and exclusive responsibility of the Partner Company.

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10. Intellectual Property Rights

10.1 Glickon is the exclusive and only owner of all intellectual property rights over the Platform and all of its features or additional services connected to it. By accepting these T&C through registration with the Platform, the User does not acquire any rights other than or in addition to those expressly recognized herein.

10.2 Glickon allows access to and use of the Platform solely for the purposes for which it was created, in accordance with these T&C. The User is therefore prohibited from using the Platform and/or the data, material and other Content uploaded or made public through it for commercial purposes, in whole or in part, by any present or future means, in any form or manner, without the prior written authorization of Glickon.

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11. Processing of user’s personal data

11.1 Glickon shall process the User’s personal data in the manner indicated in the privacy policy

11.2 In the event of the User’s participation in a challenge promoted directly by Glickon, Glickon will act as data controller. Otherwise, whenever the User participates in Company Challenges promoted by a Partner Company, Glickon shall act as data processor on behalf of the latter, except for the registration data of Users to the Platform, in relation to which Glickon shall remain the data controller.

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12. General provisions

12.1 Additions and amendments

These Terms and Conditions represent the entire agreement between the User and Glickon and substitute any previous or contemporaneous condition, agreement or declaration, whether verbal or written, having the same subject matter. Glickon reserves the right to modify the Platform, the website associated to it, the Privacy Policy and these T&C at any time, giving appropriate notice to the User when required. The User will be subject to the Privacy Policy and the Terms of Use in force from time to time, which can be consulted in an updated version at any time via the appropriate links available on the Platform.

12.2 Retention

If any provision of these T&C results or is declared unlawful, void, or ineffective, to the extent permitted by applicable law such provision will be modified by agreement between the Parties so as to render it effective or otherwise remove it, without in any way affecting the validity and effectiveness of the remaining provisions.

12.3 Notices

Any communication of an administrative nature relating to these Conditions shall be made by means of a specific notice on the homepage of the Platform.

12.4 Applicable law and place of jurisdiction

These T&C are disciplined by Italian law. Any dispute concerning the interpretation, validity or execution of these T&C, or in any case deriving from them, shall be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the User, unless otherwise established by law.

Milan, 22nd February 2021