User Terms

Scope, precedence and your account

The platform is provided by Esperto B.V., Europalaan 93, 3526 KP Utrecht, the Netherlands. By using the platform you accept these terms. If you do not agree with them, do not use the platform.

1. Scope

1. These user terms apply to the use of the Esperto assessment platform and all its functions, content, assessments and reports.
2. Our Privacy Statement applies in addition to these terms for the processing of personal data. Our Cookie Policy applies to cookies. Both are available on this website.
3. If you use the platform on behalf of an organization, you warrant that you are authorized to bind that organization to these terms.
4. These terms govern your use of the platform. They do not create a separate delivery obligation of Esperto towards you; that follows from the agreement between Esperto and your Customer Organization.
5. Where these user terms conflict with the main agreement between Esperto and your Customer Organization, including the data processing agreement that goes with it, the provisions of that main agreement prevail. This does not affect the rights you have under mandatory law, including your rights as a data subject under the GDPR.

2. Account and access

1. You need an account to reach certain parts of the platform. Accounts are issued by Esperto or by your Customer Organization.
2. You are responsible for the careful use of your login credentials. Do not share your password, and use a strong, unique one. Where multi-factor authentication is available, we advise you to switch it on.
3. If you suspect unauthorized access or you lose your credentials, tell Esperto without delay using the contact details in section 12.
4. You are responsible for actions carried out through your account, unless you can show that those actions cannot reasonably be attributed to you.

How you may use the platform

3. Using the platform

1. You may use the platform only for the purposes for which it was made available: completing assessments, receiving and discussing reports and, for practitioners, guiding respondents and groups.
2. You will use the platform in accordance with the law, these terms and any reasonable instructions from Esperto.
3. You may not:

• use the platform for unlawful, harmful, offensive, discriminatory or criminal purposes;
• circumvent security measures or attempt to gain unauthorized access;
• deploy automated scripts, scrapers or bots, or place a disproportionate load on the platform;
• decompile, reverse-engineer or recreate the platform, questionnaires, methodology or reports, except as permitted by mandatory law;
• publish or reproduce reports or other content from the platform other than for your own personal use, or as agreed with the Customer Organization and Esperto;
• provide false identity or company details;
• upload or share content that infringes third-party rights or contains malware;
• enter special categories of personal data within the meaning of Article 9 GDPR into free text fields, including data about health, religion, ethnic origin or sexual orientation.

Rules for respondents, practitioners and administrators

4. Rules for respondents

1. We ask you to complete the assessment honestly. It is meant to give you and your group better insight; inaccurate answers undermine that.
2. Your personal report is intended for you. You receive it in a session with an accredited practitioner.
3. We do not share your report with third parties without an instruction from the Customer Organization or your own consent. Where your assessment was commissioned by or on behalf of a Customer Organization, that organization is the controller and decides who receives the report; Esperto acts on their instruction. You are told who receives your report before the assessment starts.
4. If you want to know who received your report, or you want to exercise your rights as a data subject, contact your Customer Organization. If you contact Esperto instead, we forward your request without undue delay and let you know that we have done so.

5. Rules for practitioners and administrators

1. Practitioners are bound by the accreditation conditions of Esperto or of the relevant expert partner, and by confidentiality in respect of personal and group reports.
2. Practitioners and administrators handle respondents’ personal data with care and share reports only with the people concerned, or with people entitled to receive them under the instruction of the Customer Organization.
3. An assessment outcome must not be the sole basis for a decision on selection, promotion, remuneration, appraisal or dismissal. A meaningful human assessment is required. Responsibility for compliance with Article 22 GDPR rests with the Customer Organization as controller.
4. Practitioners and administrators inform respondents, before an assessment starts, who will receive the report.

Intellectual property, availability and termination

6. Intellectual property

1. All intellectual property rights in the platform, questionnaires, scoring logic, report templates and accompanying content belong to Esperto or its licensors, including the expert partners who own the underlying methodology.
2. You receive a personal, non-transferable right to use the platform and your own reports, limited to the use described in these terms and for as long as your account is active.
3. You may not use trademarks, logos or trade names of Esperto or its expert partners without prior written consent.

7. Availability and changes

1. Esperto aims to keep the platform reliably and securely available, but gives you no guarantee of uninterrupted availability or error-free operation.
2. We may adjust, extend or discontinue the platform from time to time, for example for maintenance, security, legal reasons or further development. We will tell you in good time about substantial changes that affect you.
3. We may temporarily suspend access to certain functions or to the whole platform in the event of maintenance or suspected misuse.

8. Suspension and termination

1. If you breach these user terms, Esperto may suspend or terminate your access to the platform in whole or in part. We will tell you when we do, unless the nature of the breach makes that impossible or inadvisable.
2. In the event of serious or repeated misuse, Esperto may delete your account permanently.
3. If your participation is based on an agreement between Esperto and your Customer Organization, your access ends in principle when that agreement ends.
4. Termination of your access does not affect your rights as a data subject under the GDPR.

Liability and indemnity

This is the section people skip and lawyers read. It sets out what Esperto is and is not responsible for towards you as an individual user, and what happens if you break the rules in section 3.

9. Liability and indemnity

1. Esperto is not liable to you for damage arising from the use of the platform or the reports it contains, except in the event of intent or deliberate recklessness on the part of Esperto or its executive management, and except where liability cannot be excluded under mandatory law.
2. Reports from the platform are a tool for reflection and development. They are not legal, medical or psychological advice. You decide, if you wish together with your practitioner, what meaning to attach to a report.
3. To the extent permitted by law, any liability of Esperto towards individual users is limited to the amount paid out by Esperto’s liability insurer in the matter. If the insurer does not pay out, for whatever reason, liability is limited to the amount the Customer Organization paid Esperto for that user’s use in the current calendar year, subject to a maximum of € 1,000 per event.
4. You indemnify Esperto against third-party claims, including from the Customer Organization and supervisory authorities, and against the related damage and costs, to the extent they arise from a breach attributable to you of the rules of use in section 3 of these user terms.

Privacy, changes and governing law

10. Privacy and cookies

1. Our Privacy Statement applies to the processing of personal data in connection with your use of the platform.
2. Our Cookie Policy applies to the use of cookies and similar technologies on our websites.

11. Changes to these user terms

1. Esperto may amend these user terms. The current version is always published on this website.
2. We will inform you of substantial changes in an appropriate way, for example by email or through a notice in the platform. If you continue to use the platform after the amended terms take effect, you are bound by them.

12. Governing law, disputes and contact

1. Dutch law applies to these user terms.
2. Disputes are submitted to the competent court in the district of Midden-Nederland, Utrecht, unless mandatory law designates a different competent court. If you are a consumer, you may choose the court designated by law within one month after Esperto has invoked this clause in writing.
3. For questions, complaints or reports of suspected misuse, contact us at info@esperto.one. For privacy requests, use privacy@esperto.one.