Legal | rd&partners

1. Introduction

We are committed to your privacy. This Privacy Policy details how we use your personal identifying information. This Privacy Policy may be modified at any time without notice to you. Please review this document each time you visit us or use any of our tools or services.

Our primary goals in collecting information are to provide services to you, as well as to provide and improve our site, services, features and content, to administer user accounts and to enable visitors to enjoy and easily navigate the Site.

It is our policy, except as noted below, not to sale, trade, lease, give away or otherwise release your personal information, which includes your name, physical address (business or home), home or business telephone number and your e-mail address.

We use your personal information to create and manage your account, process your transactions, provide customer service, perform research and analysis aimed at improving our products, services and technologies, to display content that is customized to your interests and preferences, to run contests, select entrants, and choose prize winners, to run interactive areas, to identify your uploaded or transferred content as your content, and to communicate with you about your transactions, to facilitate the provision of our services to you and alert you to new products and services.

We may send transaction-related communications such as welcome letters, billing reminders, and service purchase confirmations. We may also send you surveys or marketing communications to inform you of new products or services or other information or offers that may be of interest. If you do not wish to receive surveys or marketing communications, you may adjust your “Personal Information Preferences” as described below or follow the “unsubscribe” instructions included within each email communication. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications (e.g., confirmation emails and account balance statements)

2. General Information

Should you use our “forward to friend” service, we may store related file details in our database. We may send emails to those parties so that we can encourage them to sign up for our services. We also will store information regarding such “friend” emails so that we can determine which of our members are more successful regarding recruiting new members to our web site in case we wish to reward or provide some sort of positive feedback to such members.

You can access our website home page without disclosing your personal data. Some aspects of our site are available to registered members only and as our terms require, you must provide us with the required business related information, which has to be complete, accurate and up to date, in order for us to properly service your account and provide the services that you have ordered.

3. Acquisition of our Company and other transactions.

Information about our clients, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the business assets of the company.

In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred to the purchaser. We may transfer information about you if we are acquired by or merged with another company. In this event, we will notify you by email or by putting a prominent notice on our web site before information about you is transferred and becomes subject to a different privacy policy.

4. Exceptions to our Privacy Policy

Possible exceptions to our policy include the following circumstances, and as indicated herein:

If a governmental agency, or an attorney, subpoenas your private information, or makes a formal request for discovery pursuant to any legal action, or pending legal action, should we posses that information, then we would share whatever personally identifying information we possess with the seeking party. Generally speaking, it is unlikely that we would possess that information except as explained herein.

If our attorney requests personally identifying information relevant to a current or pending legal matter in which you are a potential or actual party or otherwise contributed in some way to the causation of the legal matter then we will share whatever personally identifying information that we may have with our attorney.

If we are otherwise required by law to release your private information.

You may, of course, decline to submit personal information through our site or to us, but we may not be able to provide certain services to you.

5. Cookies

Please note that we may employ the use of cookies. Such usage of cookies could be when users create user accounts (should we offer that service at any time) but we may further employ cookies to assist the functionality of other tools, services and functions in the future.

Cookies are small programs that enhance your use of the Internet, in general, and specifically we use cookies to enhance your usage of our functions.

We use cookies, web beacons, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit our site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

The information gathered is not shared with third parties. You may turn off your cookies by adjusting the appropriate setting on your browser.

Please consult the HELP menu of your browser to learn how to turn your cookies off. Cookies do not reveal personal information and if you turn off your cookies you may find your enjoyment of the Internet, and our site, to be reduced or impaired. Turning off your cookies may interfere with some of our site’s functions and the site may not appear to be properly working if you turn off your cookies.

In order to seek out and repair functionality issues with our servers and related programming, we may use your email and IP addresses for evaluation and diagnostic purposes.

We will gather site visitor’s and member’s IP (Internet Protocol) addresses and aggregate the same so that we can provide demographic information for potential partners, investors or advertisers or for other purposes designed to promote or benefit our web site or business in general. Such information is not personally identifiable in nature.

When you visit this website, we can record certain information in relation to your visit such as:

Your IP or proxy server IP;
Basic domain information;
Your Internet service provider is sometimes captured depending on the configuration of your ISP connection;
The date and time of your visit to the website;
The length of your session;
The pages which you have accessed;
The number of times you access our site within any month;
The size of file you look at;
The website which referred you to our website; and
The operating system which your computer uses.

Cookies may provide Recording Session information, show us visitor preferences regarding return visits to our website, help us to mange subscription or private areas on our website, record user specific tracking or aggregate tracking information of visitors and deliver user customized content based on user specific information, such as browser type, screen type and resolution and so forth. None of the information gathered is shared with third parties. These activities are done for the benefit of the site’s user so that we can provide a better, more effective and enjoyable user experience to all users.

Other possible uses for the information that we collect include internal tracking, review, or is used for contacting purposes and then is archived by us for future usage. We also use the information we collect to provide custom content for our user base.

We do not knowingly collect personal data or information from minors.

We have implemented security policies, rules and technical measure to protect the personal data that we have under our control. These policies, rules and technical measures help to protect your data from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss. However, note that no policy, rule or technical measure can offer 100% protection against unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss.

All our employees and data processors, who have access to, and are associated with the processing of personal data, are obliged to respect the confidentiality of our visitor’s and user’s personal data. Our database may contain confidential information regarding you or your personal communications to third parties. While we endeavor to maintain reasonable, industry standard security regarding such information/content, no security system can be 100% fool proof. In the event that the security to such information/content is breached for reasons outside of our control, you agree to HOLD US HARMLESS and to INDEMNIFY us against any loss, damages, injuries, costs, fees and claims of any and all nature regarding such security breaches.

Our Terms of Service are hereby incorporated by reference into this Privacy Policy as if fully set forth herein. Please read the same.
If you would like to obtain a Seller account, we will ask for your billing address, phone number, and credit card information.

6. Opting out of certain email

You may not opt-out of service-related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account by emailing [email protected] from the email address you signed up with. You are free to opt out of newsletters and any emails from us if you wish, with the exception of service related emails such as termination notices that we must reasonable send for the proper servicing of your account.

7. Security

The security of your personal information is important to us. Your account information is protected by a password for your privacy and security. You need to work to protect against unauthorized access to your password and to your computer by signing off once you have finished using a shared computer. When you enter sensitive information (such as credit card number) for registration we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

8. Surveys

If at any time you decide that you do not want to receive surveys or marketing communications from us, please let us know by emailing us at [email protected]

9. Service Providers

We may employ third party companies and individuals to facilitate our service, to provide the service on our behalf, to perform site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our site and service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

10. Compliance with Law Enforcement.

As indicated above, we will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of our company or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity.

11. Email Referrals

If you choose to use our email referral services to tell a friend about our products or services we will ask you for your friend’s name and email address. We will use that information to send your friend a one-time email inviting him or her to visit the site and review the product or service you have selected. We may use a third-party provider to administer this function, but any such third-party provider may only use the information submitted to facilitate this one-time email.

12. Phishing

Identity theft and the practice currently known as “phishing” are of great concern to us. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.

13. Further Data Collection

We may collect aggregate (general tracking) information about pages that users visit on our site. We also may collect user specific information about pages that users visit on our site. Any information that you give us when you complete a contact form or inquiry form, survey and so forth are temporarily collected by us as explained herein.

14. Foreign Data Storage of Private Information

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, we transfer Personal Information to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

15. Third Party Links. Pages through our Service (the “Submissions”), may contain links to, and may allow you to visit, other websites (“Third Party Sites”). If you choose to visit any of these Third Party Sites by “clicking on” another third party link or navigating to a Third Party Site, you will be directed to that third party’s website.

16. Changes to this Policy

We reserve the right to change the terms of this privacy policy at any time with no prior notice. When we make changes, we will revise the “last updated” date at the top of the policy. Please review this policy each time you visit our site or use any tool or service that we provide.

17. Contacting Us

You may contact us to ask questions about our Privacy Policy by emailing us at [email protected]

Terms of Service and Licensing Agreement

1. Introduction

A. Welcome to rd&partners (“rd&partners”.) This Agreement (“Agreement”) comprises our Terms of Service. As a user of our service software and other tools and services, you, our user (“You” “Client”) agrees to be bound by each term and condition set forth within this Agreement.

rd&partners provides a variety of executive coaching and employee and talent assessment products and services.

Businesses may now empower their success goals with precision-based employee assessment and screening services.

By becoming a member of our clientele, your own business joins a prestigious group of other companies who are benefiting from rd&partner services and tools. Your usage of our tools and services are conditional upon your paying the proper fee for such tools and services and your agreement to be bound by the terms and conditions of this Agreement.

B. Our Services

I. Assess Screening System. This package includes a fully customized executive and upper management full-scale assessment. Performance appraisals, talent, skills and competency evaluation, targeted interview suggestions and the availability of screening, selection and development reports are included in this package.

II. Salesmax Screening System. This package includes talent assessment for new and existing sales associates, evaluates sales personality, knowledge and motivation, identifies weaknesses in sales teams and offers corrective feedback, provides targeted interview suggestions for candidates based on results and provides immediate report delivery

III. Select Screening System. This package provides hourly employee assessment for new and existing candidates, provides 90% or greater accuracy in determining top performing candidates, is targeted to specific job descriptions and industries, evaluates characteristics for service, sales and productivity, provides focused interview suggestions for candidates based on results and immediate report delivery.

The elements of each package are subject to modification, corrections, removal or additions as we strive to offer the best possible services to our clients.

2. Restrictions

All tools and services that we provide are to be used only for lawful purposes. Transmission, storage, distribution, or publication of any content, data, images, sounds, recordings, images, text, data or material in violation of any United States Federal, State or Local law or regulation is prohibited.

You may not use our software services to violate the United States Copyright Act or similar state laws, jeopardize national security, or violate a trade secret, patent, trade dress, the rights of privacy or publicity or violate any civil law of any nature including employment related laws.

Our content is protected by United States and foreign copyright laws, regulations and treaties. Unauthorized duplication of our content or any other intellectual property that we own may be both a violation of civil laws as well as a criminal act.

Any attempts to undermine or cause harm to our server or systems is strictly prohibited and may constitute a criminal act.

You may not log into an account that you are not authorized to access.

You may not log into a server or account that you are not authorized to access. Your User ID and Password is your responsibility to keep secret and secure.

You must obey all posted rules and guidelines.

You may not access data or take any action to obtain services not intended for you or your use.

You may not attempt to probe, scan or test the vulnerability of any system, subsystem or network.

You may not tamper, hack, modify, or otherwise corrupt or breach security or authentication measures without proper authorization.

It is forbidden to transfer or attempt to transfer material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of our systems is forbidden.

3. Fees

All pricing is subject to change.

We offer a series of pricing and service packages. We reserve the right to change our pricing packages, tiers or overall pricing structure. We may remove certain service packages or add certain service packages in the future without any prior notice.

4. Disclaimer

While rd&partners strives to offer the best services possible, we cannot guarantee any particular results. Many factors outside of our control or knowledge could affect the outcome of any particular tool, service or function that we provide. Accordingly, you agree to hold rd&partners harmless from any result that arises from using any tool, service, coaching, advice, information, or content of any nature, unless we have acted in a way that a court finds to be grossly negligent.

5. Payment Terms.

If any amount is overdue by more than thirty (30) days, and we bring a legal action to collect, or engages a collection agency, you must also pay our reasonable costs of collection, including attorney fees and court costs. All fees are stated and will be charged in US Dollars. Charges that are not disputed within sixty (60) days of the date charged are conclusively deemed accurate.

6. General Terms.

Our Terms Of Service (this Agreement) are subject to change without any prior notification.

By opening an account, the subscriber agrees to the terms and conditions of this Agreement.

We reserve the right to remove any account with 15 days prior notice.

7. Dispute Resolution

Any dispute between the parties hereto shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Illinois law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Illinois unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

8. Limitation of Liability

Neither party hereto shall be liable for any indirect, incidental, exemplary, special or consequential damages, including, but not limited to lost profits, data reconstruction costs, failure to realize expected profits, savings or efficiencies, business disruption, equipment or facility downtime, or loss of goodwill of customers, suppliers or others, however arising, respective of any alleged act or omission on the part of either party, and whether based on or arising out of contract, tort, strict liability, indemnification, contribution or any other theory of liability or cause of action. This limitation of liability is all-inclusive and shall apply even if a party has been advised by the other party or is otherwise aware of the possibility of such damages.

Client acknowledges that the allocation of risk in this Agreement is consistent with industry pattern and practice and is an integral part of the consideration for this Agreement, without which rd&partners would be unable to provide services at the prices specified.

Neither party shall be liable for any delay or failure to perform under this Agreement to the extent attributable to causes beyond its control. Any party so precluded from performing shall promptly notify the other party of the anticipated delay and the steps being taken to mitigate the effects of the delay.

9. Severability

If any provision of this Agreement is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect.

10. Failure to Exercise Rights.

The failure by either party to assert or exercise any right or remedy under this Agreement shall not otherwise act to waive the future assertion or exercise of the same or any other right or remedy.

11. No Exclusion of Remedies

No remedy set forth in this Agreement is intended to be exclusive of any other remedy. Each remedy shall be in addition to every other remedy provided hereunder, or now or hereafter existing at law, in equity, by statute, or otherwise.

12. Assignment

Neither party shall assign or transfer this Agreement or other rights granted by this Agreement, whether by operation of law or otherwise without the other party’s prior written consent; provided, however, that in the event of a sale of all or substantially all of the assets of either party as a going concern to another entity, or either party’s merger or consolidation with or into another entity, the successor entity shall, upon written notice to the other party and assumption in writing of the transferring party’s obligations under this Agreement, be entitled to the benefits of this Agreement subject to all of the other terms and conditions of this Agreement.

rd&partners, usa llc
150 N. Michigan Ave. Suite 2800
Chicago, IL 60601.