CONDITIONS OF USE

INTRODUCTION

In compliance with the duty of information determined by the European Parliament and Council Directives 2000/31/EC (Directive on electronic commerce) and 2002/58/EC (Directive on privacy and electronic communications) we inform you that the Website and the Internet portal https://w.pdainternational.net/store/, www.mypdacoach.com, www.pdaprofile.com and its related subdomains (the Website) are owned by HS GROUP SOCIEDAD DE RESPONSABILIDAD LIMITADA (hereinafter PDA), with registered office at Calle Paraguay, 647, Piso 4, Dpto 17 with
CIF No. 30-70981001-0, the company is registered in the Mercantile Registry of Buenos Aires, Volume 6736, Folio 129.

The company is registered in the Mercantile Registry of Buenos Aires, Volume 6736, Folio 129. You can contact us through the e-mail address [email protected].

These Terms of Use govern the circumstances of use of the aforementioned Internet portals.
We reserve the right to modify these terms at any time. It is your responsibility to review these terms each time you agree to purchase any
product or service through the website.
Below, we define PDA’s standard terms and conditions for the provision of online services.

1. DEFINITIONS

“Administrator” A person nominated by Buyer to whom PDA grants administrator access to the Services.

“Evaluation” PDA’s various products as set forth at https://www.pdainternational.net/es-es/pda-assessment/what-is-the-pda-behavioralassessment

“Authorized User” A person authorized by an Administrator to access the Services (an Authorized User may also be an Administrator)

“Purchaser” The person (whether a corporation, partnership, individual or other entity) who has a contract with PDA for the Services or Training Seminars.

“Candidate” A job seeker who is requested by an Authorized User to access the Services for the purpose of conducting an Evaluation.

“Credentials/Users” Information relating to any person (such as an access code, username or password) designed to grant them access to the Services and/or to authenticate their identity.

“Fee” means the price agreed with the Buyer for the provision of the Services.

“Services” Services provided through the PDA website or where relevant data is entered into the PDA system through our website, including (but not limited to) the provision of assessments.

“Credits” Purchased by the Buyer, where a certain number of credits allows access to a certain number of relevant Services as can be seen in Information/Price List. Units have no monetary value, are not redeemable for non-use, are not transferable to third parties and are not available for the purchase of anything other than the Services.

2. CONDITIONS OF USE

2.1 These Terms and Conditions describe the terms applicable to the services and content offered through this website www.pdainternational.net, the web portal www.mypdacoach.com, www.pdaprofile.com and its related subdomains (the Website) and govern the legal relationship between PDA and the Customer.

2.2 Access to the Website is free and free of charge, the use of the Website implies unreserved acceptance of the entire Terms of Use. If you do not agree with these conditions you must refrain from using this site.

2.3 The visit to the eCommerce site by the user must be done responsibly and in accordance with current legislation, good faith, these Conditions and respecting the intellectual and industrial property rights owned by PDA or any other natural or legal persons.

2.4 The use of any of the contents of the Web Site for purposes that are or could be unlawful is strictly forbidden, as well as the performance of any action that causes or could cause damages or alterations of any kind not consented by PDA to the eCommerce site or its contents.

2.5 The Web site and the products and services offered by PDA are intended for persons of legal age with sufficient legal capacity to be bound by these Terms of Use. It is possible that the use of certain services or the contracting of some goods or services may be subject to special complementary conditions that will require express consent and that will prevail in any case over the present general conditions.

2.6 These terms and conditions are supplemental to PDA’s Standard Terms and Conditions, a copy of which is available on request, or which are available on PDA’s website.

2.7 In the event of any conflict between these terms and conditions and the PDA Standard Terms and Conditions, these terms and conditions shall prevail.

3. USER REGISTRATION

3.1 The use of the services provided by PDA and the purchase in the Web requires the registration as user in the Web. In order to complete the registration you must provide a series of personal data that must be truthful and accurate. You can consult our privacy policy by accessing our website www.pdainternational.net.

3.2 You should also note that you can modify your personal data at any time, as well as exercise your rights of access, rectification, deletion, limitation and opposition in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR)

4. REQUEST

 Once you have placed an order, you will receive a message confirming receipt of your order, as well as shipping and billing information.

5. METHOD OF PAYMENT

The acquisition of services or products through https://w.pdainternational.net/store/ Allow the following forms of payment:

  • Bank Transfer
  •  Payment by Mercado Pago
  •  Credit transfer
  •  Payment by PayPal
  • Payment by debit or credit card through a virtual POS.

6. PRICES

The prices of the products are those indicated in the attached description. All prices indicated in the product description are expressed in Argentine Pesos or otherwise in Dollars ($) or Euro (€) and include Value Added Tax (VAT).

7. SERVICES

7.1 PDA grants Authorized Users authorization to access the Services for the purpose of initiating and administering Assessments in accordance
with these terms and conditions, subject to Buyer paying the Fee (whether by deduction of credits or otherwise) and complying with its obligations under these terms and conditions.

7.1 Where the Services are provided by software components running on Buyer’s own systems, PDA grants to Buyer a limited and non-exclusive
copyright license to use such components, such license granting rights consistent with (but no broader than) the authorization granted in this
subclause 2.2 and terminating upon termination of the authorization.

7.2 PDA may use sub-processors from time to time for the provision of the Services. PDA shall be liable for the acts or omissions of such subprocessors under this Agreement as if it performed such acts or omissions itself.

7.3 In administering and initiating Assessments, Buyers may grant Candidates authorization to access the Services solely for the purpose of
undergoing assessments.

7.4 Where the Services are provided in exchange for Credits, the corresponding number of Credits (will be deducted from the Buyer’s

8. BUYER’S OBLIGATIONS

Buyer shall:

a) shall ensure that Authorized Users access or attempt to access the Services through the URL provided by PDA;
b) shall not access any API that provides access to the Services, except where such API access has been explicitly granted by PDA and subject to the interface specifications provided by PDA;
c) shall ensure that all Authorized Users comply with the terms of this Agreement;
d) revoke the credentials of any Authorized User when it believes such credentials have been compromised;
e) notify PDA as soon as it becomes aware that the credentials assigned to any administrator have been compromised to enable PDA to investigate the circumstances and remove (and replace) the credentials;
f) will follow, and ensure that Authorized Users follow, all reasonable instructions from PDA in the use of the Services;
g) ensure that Authorized Users have received appropriate training and will not permit anyone to attempt to perform or interpret the results of any Assessment for which they have not received appropriate training; and
h) shall fully and effectively indemnify and hold PDA harmless against all costs, claims, losses and expenses arising from any third party claim arising out of any misuse of the Services or any breach of the foregoing obligations.

9. MATERIALS AND COPYRIGHT

9.1 PDA owns the copyright and database rights to any and all materials and services provided as part of the Services. Buyer is expressly prohibited from copying any part of the Services (including its products), except to the extent necessary to receive the Services under this Agreement.

9.2 All books and materials provided by PDA are subject to copyright and other intellectual property rights and may not be copied, for any purpose, without the express written permission of the copyright owner. PDA attempts to ensure that the information contained in the materials is accurate, but it is provided as supporting material for events and does not replace them. Information also tends to disappear quickly. For
this reason, Buyer acknowledges that it should not rely on the contents of books or course materials provided by PDA without verifying them.

9.3 PDA may provide paper evaluation documentation. The Buyer agrees not to makecopies of such documents and to use only the originals provided by PDA. Data provided by Candidates on such documentation is treated in exactly the same way as data entered into the Services, once submitted to PDA, and the Buyer’s obligations to any Candidate to whom it provides paper documentation are the same as it has to
Candidates making direct use of the Services.

10. DATA PROTECTION

10.1 This clause 5 shall be interpreted with reference to the definitions contained in the GDPR and is supplemented by the terms described in our Privacy Policy and Legal Notice.

10.2 Except where explicitly mentioned in these terms and conditions, PDA is the data processor of all personal data entered by Authorized Users and Candidates in the provision of the Services, and the Buyer is the data controller. Buyer must seek and obtain appropriate consent from all data subjects to allow processing of their personal data as provided in this Agreement, and in particular must obtain their consent on the terms described in the Privacy Policy.

10.3 When acting as a data processor, PDA undertakes to act only on the instructions of the relevant data controller and to comply with information security standards.

10.4 PDA will cooperate with and provide reasonable assistance to Buyer in connection with any data subject rights requests received by Buyer. Where PDA receives data subject rights requests relating to data for which PDA is the data processor and Buyer is the data controller, PDA will forward the data subject’s request to Buyer.

10.5 The exercise of rights is free of charge, except in the case of manifestly unfounded or excessive requests (e.g. repetitive nature), in which case PDA may charge a fee proportional to the administrative costs incurred or refuse to act.

10.6 To exercise any of its rights, please contact [email protected]

10.7 The Buyer acknowledges and agrees that data provided to PDA may be aggregated with other data and used for analytical (competency research) purposes. Where used for analytical purposes, PDA will act as co-processor and will ensure that the data is effectively anonymized prior to such use, and that no individual will be identifiable from data that was once anonymized and aggregated. For more information you can consult our privacy policy at the following link: (direct link to the clause in web Privacy Policy) (20_04_2022 – BE – PDA – WEB PRIVACY POLICY).

10.8 PDA also carries out research, thus, the buyer’s or user’s data may be processed for research purposes based on our legitimate interest to offer products and services that better meet the needs and desires of our customers, always safeguarding the right to object to the processing under the terms of the GDPR.

10.9 When we process personal data for research, we ensure that we take appropriate security measures, such as anonymization and pseudonymization procedures, so that your data is not or no longer identifiable, or can no longer be attributed to a data subject without the use of additional information listed separately.

10.10 Finally, once the research has been completed, all data used are anonymized, so that it is impossible to identify an individual from the data.

 

11. USE OF EVALUATIONS

The Buyer agrees and acknowledges that the results of the Assessments are a tool to assist in the selection, retention, development, deployment and advancement of Candidates (including employees), and are intended to be used as an aid by trained Human Resources personnel. In particular, Buyer agrees that the results of the Assessments will not be used for redundancy selection.

12. AVAILABILITY OF SERVICES

12.1 PDA will use reasonable efforts to ensure that the Services are available at all times, but does not guarantee 24/7 uptime. Customer agrees and acknowledges that the Services will only be available when Customer maintains a sufficiently fast and reliable Internet connection and uses a browser environment that complies with PDA’s guidelines. In particular, this may require the download of additional browser plug-ins to enable access to content. PDA is not responsible for such third party plug-ins and Buyer is responsible for complying with any license agreements that
may apply to them.

12.2 Buyer agrees and acknowledges that it is responsible for maintaining backup copies of its data, including data stored on PDA’s systems.

13. CANCELLATIONS

The following cancellation policies are mandatory and are directed to those “participants” who apply to obtain the different “Certifications” granted by PDA in its different modalities:

 

"VIRTUAL CERTIFICATIONS":

 The “participants” or “attendees” to the so-called “Virtual Certifications” must confirm or cancel their participation in a reliable way, via e-mail, without exception and with a minimum of 72 working hours in advance. In case of not having confirmed, PDA will understand that the participant will not attend the event and will have the right to release the quota. In case the confirmed participant does not attend the event (whatever the reason or cause) PDA will grant him/her ONE (1) unique possibility to participate in another Certification at no cost. If this “participant” does not attend the second opportunity, he/she will have to pay THIRTY PERCENT (30%) of the current value of the certification in order to have access to it in a new opportunity. PDA reserves the right to offer different date and time options subject to calendar availability and existing capacity

TOLERANCE TIME:

 The tolerance and waiting time in the attendance to the event for each “participant” will be a maximum of 15 (Fifteen) minutes from the beginning of the event. After this period of time, the “participant” will not be able to enter and participate in the session already started and will have to reschedule his/her Certification subject to the availability of the calendar and the existing PDA quota

"FACE-TO-FACE CERTIFICATIONS":

The “participants” or “attendees” to the so-called “On-Site Certifications or Seminars” must confirm or cancel their attendance to the event, via e-mail, without exception and within 7 days in advance.

In case of not having confirmed, PDA will understand that the participant will not attend the event and will have the right to release the quota.

In case the confirmed participant does not attend the event (whatever the reason or cause), PDA will grant him/her ONE (1) unique possibility to “reschedule” his/her certification, free of charge. If this “participant” does not attend in a second option, he/she will have to pay THIRTY PERCENT (30%) of the current value of the certification in order to have access to it on a new date.

In the event that the “participant” starts on time, but does not attend or complete any of the scheduled sessions of the event (arrives late on the second day or leaves before the end; whatever the reason or cause), PDA reserves the right to demand that he/she participate in a new Certification Seminar or to deliver the PDA Analyst Certificate.

PDA reserves the right to offer different options of dates and times, subject to the availability of the calendar and the existing capacity

TOLERANCE TIME:

 Tolerance and waiting time in attendance at the event for each “participant” will be a maximum of 30 (Thirty) minutes from the start of the event. After this period of time, the “participant” will be able to enter and participate in the session already started, but it will be at PDA’s discretion to grant the final certification.

PDA SEMINARS (VALID ONLY FOR ARGENTINA)

Your acceptance will mean your agreement with all the terms and conditions herein provided, constituting this source of obligations and rights between you and PDA.
ACCEPTANCE OF THE TERMS OF THIS DOCUMENT IS MANDATORY.