Terms of Use - KPMGConnect.com
Version 2.1
You (“You”, “User”) to these Terms of Use (the “Agreement”), which govern the use of KPMGConnect.com web-based offering (“KPMGConnect.com”).
1. Acceptance. By clicking the acceptance button You represent to KPMG that you are duly authorized to enter into this Agreement and KPMGConnect.com agree to be bound by this Agreement. If You do not agree to this Agreement, You must not access or use KPMGConnect.com.
2. Ownership of User Content. User continues to own all data, information, materials, and documents uploaded by or on behalf of User to KPMGConnect.com (“User Content”). User grants to KPMG, its affiliates, and members of the KPMG network of member firms (“KPMG Parties”) a non-exclusive, royalty-free, perpetual, worldwide, irrevocable license to (1) reproduce, use, display User Content, and create aggregations, summaries, analyses, reports, and other content that may qualify as derivative works based upon User Content (“Derived Works”), in each case in connection with providing KPMGConnect.com to User and other users, who access KPMGConnect.com, or for the KPMG Parties’ business purposes. User represents and warrants that it has all of the necessary rights to disclose the User Content and grant the foregoing license. All Derived Works shall be owned by KPMG, but may be disclosed by KPMG Parties only for the purposes set forth in this Section or as permitted under Section 9 (Confidentiality).
3. Personal Information. User consents to the sharing and use of certain personal data fields of User Content (i.e., your company name, individual name and email address) with all Network Owners in order to send an invitation to the User to connect to such Network Owner. User consents to the transfer of User Content to KPMG and to Member Firms of the KPMG Network of Firms outside the United State of America, and to their respective service providers. You may make changes to your data sharing preferences by editing your data sharing preferences and any such changes will be implemented prospectively only.
4. User Content. User agrees to provide accurate, current and complete information about User as may be required during the registration process or as requested. User acknowledges that KPMGConnect.com is not a system of record, document repository, or document retention system, and that KPMG is not responsible for maintaining the User Content for User.
5. License to KPMGConnect.com. As between the parties, KPMG owns all right, title, and interest to KPMGConnect.com and any modifications to KPMGConnect.com based upon feedback from User. Subject to the terms of this Agreement, KPMG grants to User a non-exclusive, non-transferable, revocable, limited license during the term of the Agreement to access and use KPMGConnect.com solely for purposes of uploading, reviewing, and editing User Content and changing permission settings. Any other use is prohibited. In particular, User may not (1) reproduce, reverse engineer, decompile, or modify KPMGConnect.com, or perform any similar type of operation, in any fashion or for any purpose, (2) interfere or attempt to interfere with the operation of KPMGConnect.com or the provision of KPMGConnect.com to any other user, or (3) sublicense or assign its license to KPMGConnect.com or grant access to a third party. The information available on KPMGConnect.com is for information purposes only. Information posted on KPMGConnect.com is believed to be reliable, but KPMG does not warrant its completeness, timeliness or accuracy. KPMG has no responsibility for any content posted on KPMGConnect.com.
6. Access to KPMGConnect.com. KPMG may suspend access to KPMGConnect.com as necessary in its sole discretion to preserve the integrity of KPMGConnect.com or to perform maintenance. KPMGConnect.com usernames and passwords may not be shared or distributed. User is responsible for any unauthorized access to or through its accounts. User shall notify KPMG if one of its authorized users is no longer employed by User or is no longer authorized to use KPMGConnect.com. KPMG makes no representation or warranty regarding the availability or accessibility of KPMGConnect.com. KPMG reserves the right to modify KPMGConnect.com in any manner at its sole discretion.
7. Third Party Service Providers. KPMG may utilize third party service providers domestically and abroad to provide, host, and support KPMGConnect.com. User acknowledges that, subject to execution of a confidentiality agreement between KPMG and such third parties, KPMG may disclose User Content to such third parties for purposes of providing and supporting KPMGConnect.com.
8. Term and Termination. KPMG may immediately terminate the Agreement, or suspend User's access to KPMGConnect.com, in its sole discretion, including in the event that KPMG determines that User has breached the Agreement or engaged in illegal or unauthorized use of KPMGConnect.com or to protect the integrity of KPMGConnect.com. User may request to terminate this agreement or deactivate its account upon written notice to KPMG. KPMG may disable User’s access to KPMGConnect.com and accounts following termination of the Agreement.
9. Removal of User Content. Upon termination of the Agreement, KPMG will securely dispose of User Content in the ordinary course according to its ordinary practices for data management. Notwithstanding termination of this Agreement, removal of User Content from KPMGConnect.com, or a change in User’s permission settings, User agrees that (1) KPMG may retain Derived Works for use as permitted under this Agreement; (2) KPMG may retain archived copies of the User Content as required to comply with a statutory or regulatory provision or court or administrative order, or to where applicable law or professional standards require KPMG to retain or preserve User Content; and (3) Network Owners may retain User Content for use as permitted under this Agreement, and neither KPMG nor Network Owners are obligated to effect the return of any User Content disclosed to KPMG or Network Owners in accordance with this Agreement at the time of the disclosure.
10. Anti-malware. KPMG shall take commercially reasonable steps to protect KPMGConnect.com from malware, but does not warrant that KPMGConnect.com will be free from malware. User agrees that User Content shall not contain any computer code designed by User, its personnel or contractors, to disrupt, disable, harm or impair in any way KPMGConnect.com or permit anyone unauthorized access to KPMGConnect.com.
11. Disclaimer. KPMG IS PROVIDING USER ACCESS TO AND USE OF KPMGConnect.com ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. IN PARTICULAR, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED. KPMG DOES NOT REPRESENT OR WARRANT THAT KPMGConnect.com OR ITS CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KPMG is not responsible for the way in which a Network Owner chooses to use and interpret User Content or Derived Works. Use of KPMGConnect.com and provision of the User Content does not guarantee that a Network Owner will, or will continue to, transact with User, or that User’s relationship with such Network Owner will be improved. User is not a client of KPMG as a result of this Agreement, provision of User Content, or use of KPMGConnect.com. KPMG does not promise to review, audit, or examine User Content for accuracy, completeness, or compliance with laws or standards.
12. Limitation of Liability. IN NO EVENT WILL THE KPMG PARTIES OR ITS PARTNERS, PRINCIPALS, EMPLOYEES OR AGENTS BE LIABLE TO USER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSS OF BUSINESS, LOST PROFITS OR LOST DATA ARISING OUT OF OR RELATED TO THIS AGREEMENT. KPMG'S LIABILITY TO USER FOR ANY DIRECT DAMAGES INCURRED IS LIMITED IN THE AGGREGATE TO ONE THOUSAND DOLLARS. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS ASSERTED, WHETHER IN CONTRACT, STATUTE, TORT, OR OTHERWISE.
13. Modification. This Agreement may be modified, amended or revised at any time by KPMG provided that KPMG shall make an updated version of this Agreement available to User on KPMGConnect.com. User’s continued use of KPMGConnect.com after an updated version of the Agreement has been made available on KPMGConnect.com will constitute User’s acceptance of the updated Agreement.
14. Alternative Dispute Resolution. Any dispute or claim arising out of or relating to the Agreement is subject to binding arbitration in accordance with the Rules for Non-Administered Arbitration of the International Institute for Conflict Prevention and Resolution (the “IICPR”). Any issue concerning the extent to which any dispute is subject to arbitration, or any dispute concerning the applicability, interpretation, or enforceability of these dispute resolution procedures, including any contention that all or part of these procedures is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. The parties agree to forego litigation over such disputes in any court of competent jurisdiction. Arbitration shall take place in New York, NY. The arbitration panel shall have no power to award non-monetary or equitable relief of any sort except as provided in IICPR Rule 13 (Interim Measures of Protection). Damages that are inconsistent with any applicable agreement between the parties, that are punitive in nature, or that are not measured by the prevailing party’s actual damages shall be unavailable in arbitration or any other forum. In no event, even if any other portion of these provisions is held to be invalid or unenforceable, shall the arbitration panel have power to make an award or impose a remedy that could not be made or imposed by a court deciding the matter in the same jurisdiction. Either party may seek to enforce any final award entered in arbitration, in any court of competent jurisdiction. Notwithstanding the agreement to such procedures, either party may seek equitable relief to enforce its rights in any court of competent jurisdiction.
15. Miscellaneous. This Agreement constitutes the complete understanding of the parties, and supersedes all prior or contemporaneous agreements, discussions, negotiations, promises, proposals, representations and understandings (whether written or oral) between the parties, with regard to the subject matter hereof. A printed version of the Agreement and of any notice given in electronic form related to the Agreement will be admissible to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. User waives any and all defenses it may have based on the electronic form of the Agreement. Failure by either party to insist on strict performance of any of the Agreement will not operate as a waiver of any subsequent default or failure of performance. The Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. In the event that any term or provision of the Agreement is held to be invalid, void or unenforceable, then the remainder of the Agreement will not be affected, and each such term and provision shall be valid and enforceable to the fullest extent permitted by law. Section headings are provided for convenience and shall not define, limit or otherwise affect any of the terms or provisions hereof. Provisions that, by their nature and content, ought to survive the completion, rescission, termination or expiration of this Agreement in order to achieve the fundamental purposes of this Agreement shall so survive and bind the parties. User may not assign, transfer or delegate any of its rights or obligations without the prior written consent of KPMG. Notices concerning this Agreement shall be sent to KPMG at 345 Park Avenue, New York, NY 10154, Office of General Counsel.
Privacy Policy
Last updated May 25, 2018
KPMG is dedicated to protecting the confidentiality and privacy of information entrusted to it. As part of this fundamental obligation, KPMG is committed to the appropriate protection and use of personal information (sometimes referred to as "personally identifiable information" or "PII") that has been collected by or provided to us through our websites and other online and mobile services that link to or post this Privacy Statement (collectively, the “Online Services”).
Please review this Privacy Statement to learn more about how we collect, use, share and protect the PII that we have obtained. By using the Online Services, you consent to theprocessing of your information as set forth in this Privacy Statement, now and as amended by us
- 1.1 Automatic collection of personal information
- 2. Sharing and transfer of PII
- 4. Access
- and purpose limitation
- 7. Additional EU Notices – Notice of Processing
- 9. Changes to this statement
- see below.
Persistent, but will delete automatically after two years if you no longer visit kpmg.com
Site visitor feedback
We use a third party survey tool to invite a percentage of visitors to provide their feedback. Cookies are used to prevent visitors from being invited multiple times.
The first cookie (1) is set if the visitor is not invited to participate in the survey, and is used to ensure visitors are not invited after their first page view.
The second cookie (2) is set if the visitor is invited to participate in the survey, and is used to ensure the visitor is not invited again to participate for a period of 90 days.
1 Session
Deleted upon closing the browser
2 Persistent
Deleted automatically after 90 days or presenting survey invite.
Social sharing
We use third party social media widgets or buttons to provide you with additional functionality to share content from our Online Services to social media platforms and email. Use of these widgets or buttons may place a cookie on your device to make their service easier to use, ensure your interaction is displayed webpages (e.g. the social share count cache is updated) and log information about your activities across the Internet and on our Online Services. We encourage you to review each provider's privacy information before using any such service. For further details on our use of social media widgets and applications, Section 7 below.
3. Choices
We may require you to provide certain PII in order for you to receive additional information about our services and events. KPMG may also ask for your permission for certain uses of your PII, and you can agree to or decline those uses. If you opt-in for particular services or communications, such as an e-newsletter, you will be able to unsubscribe at any time by following the instructions included in each communication. If you decide to unsubscribe from a service or communication, we will try to remove your information promptly, although we may require additional information before we can process your request.
As described in "Cookies" section above, if you wish to prevent cookies from tracking you as you navigate our sites, you may be able to do so by changing your browser settings. Note, however, that some portions of the Online Services may not work properly if you elect to refuse cookies.
4. Access
If you have submitted personal information to KPMG, under most circumstances you have the right to reasonable access to that data to correct any inaccuracies. You can also make a request to update or remove information about you and we will make all reasonable and practical efforts to comply with your request, so long as it is consistent with applicable law and professional standards. To request access to or correction, updating, or removal of your personal information please contact us at: us-privacy@kpmg.com
5. Data security and integrity
KPMG has and requires its service providers to have security policies and procedures in place to help protect personal information from unauthorized loss, misuse, alteration, or destruction. Despite KPMG’s efforts, however, security cannot be guaranteed against all threats. We seek to limit access to your personal information to those who have a need to know. Those individuals who have access to the data are required to maintain the confidentiality of such information. We also make efforts to retain personal information only for so long as the information is needed for our professional, marketing or analytic purposes or to comply with an individual’s request, or until that person asks that the information be deleted.
6. EU-U.S. and Swiss-U.S. Privacy Shield Frameworks
KPMG participates in the EU-U.S. and the Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding certain personal information received by KPMG in the U.S. from European Union member countries and Switzerland. Please see our KPMG LLP (U.S.) Privacy Shield Policy for information about KPMG’s data practices regarding personal information it receives from European Union member countries and Switzerland pursuant to the respective Privacy Shield frameworks. To learn more about the Privacy Shield program generally, and to view KPMG’s certification, please visit https://www.privacyshield.gov/.
7. Additional EU Notices – Notice of Processing
KPMG provides services, marketing and offerings in the U.S. and does not direct such activities to data subjects that are located in the EU. However, in certain circumstances, such interactions occur. To know more about it, please also note the additional EU specific notices.
8. Links to other sites
Please be aware that the Online Services may contain links to other sites, including sites maintained by other KPMG member firms that are not governed by this Privacy Statement but by other privacy statements that may differ. KPMG is not responsible for the content or practices of these sites. We encourage users to review the privacy policy of each site visited before disclosing any personal information.
9. Changes to this statement
KPMG may modify this Privacy Statement from time to time to reflect our current privacy practices. When
we make changes to this statement, we will revise the "updated" date at the top of this page. We encourage you to periodically review this Privacy Statement to be informed about how KPMG is protecting your information.
10. Questions and comments
KPMG is committed to protecting the online privacy of your personal information. If you have questions or comments about our administration of your PII, please contact us at us-privacy@kpmg.com. You may also use this address to communicate any concerns you may have regarding compliance with our Privacy Statement.
1"KPMG,” “we,” “our,” and “us” refers to KPMG LLP (US), the United States member firm of KPMG International, a Swiss cooperative. KPMG International provides no client services.