1. Introduction
1.1 Contract
You agree that by registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with UpTrials (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not register for UpTrials and do not access or otherwise use any of our Services. If you wish to terminate this contract at any time, you can do so by closing your account and no longer accessing or using our Services.
Services
This Contract applies to UpTrials.com, UpTrials-branded apps, and other
UpTrials- related sites, apps, communications and other services that
state that they are offered under this Contract (“Services”), including
the offsite collection of data for those Services, such as our ads.
Registered users of our Services seeking jobs are “Candidates” and
registered users of our Services posting jobs are “Employers.”
UpTrials
You are entering into this Contract with UpTrials (also referred to as
“we” and “us”). As a registered user of our Services, you will be given
the option to opt out of sharing their personal data with us. UpTrials
will never offer the personal, identifiable data of Candidates to
external parties. Candidate personal data will only be used on UpTrials,
for the purposes of matching Candidates to jobs, and matching jobs to
Candidates.
1.2 Registered Users
When you register and join UpTrials, you become a Candidate or an Employer.
1.3 Change
We may modify this Contract from time to time. If we make material changes to it,
we will provide you notice through our Services, or by email. We agree that
changes cannot be retroactive. If you object to any changes, you may close your
account. Your continued use of our Services after we publish or send a notice
about our changes to these terms means that you are consenting to the updated
terms as of their effective date.
2. Obligations
2.1 Service Eligibility
To use the Services, you agree that: (1) you must be the “Minimum Age”
(described below) or older; (2) you will only have one UpTrials account, which must
be in your real name; and (3) you are not already restricted by UpTrials from using
the Services. Creating an account with false information is a violation of our terms,
including accounts registered on behalf of others.
“Minimum Age” means 16 years old. However, if law requires that you must be
older in order for UpTrials to lawfully provide the Services to you without parental
consent (including using of your personal data) then the Minimum Age is such
older age.
2.2 Your Account
You agree to: (1) use a strong password and keep it confidential; and (2) not
transfer any part of your account. You are responsible for anything that happens
through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to
you. However, if the Services were purchased by another party for you to use, the
party paying for such Service has the right to control access to and get reports on
your use of such paid Service; however, they do not have rights to your personal
account
2.3 Notices and Messages
You agree that we will provide notices and messages to you in the following ways:
(1) within the Service, and/or (2) sent to the email you provided us. You agree to
keep your contact information up to date.
2.4 Sharing
Our Services allow sharing of information between Candidates and Employers,
such as your profile. Information that Candidates share will be seen by Employers
using our Services and others (including potentially off of the Services). Where we
have made settings available, we will honor the choices you make about who can
see content or information.
We are not obligated to publish any information or content on our Service and can
remove it with or without notice.
Key terms
3. Rights and Limits
3.1. Your License to UpTrials
As between you and UpTrials, you own the content and information that you
submit or post to the Services, and you are only granting UpTrials and our affiliates
the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute,
publish and process, information and content that you provide through our
Services and the services of others, without any further consent, notice and/or
compensation to you or others. These rights are limited in the following ways:
1. You can end this license for specific content by deleting such content from
the Services, or generally by closing your account, except (a) to the extent
you shared it with others as part of the Service and they copied, re-shared it
or stored it and (b) for the reasonable time it takes to remove from backup
and other systems.
2. We will not include your content in advertisements for the products and
services of third parties to others without your separate consent. However,
we have the right, without payment to you or others, to serve ads near your
content and information.
3. We will get your consent if we want to give others the right to publish your
content beyond the Services.
4. While we may edit and make format changes to your content (such as
translating or transcribing it, modifying the size, layout or file type or
removing metadata), we will not modify the meaning of your expression.
5. Because you own your content and information and we only have non-
exclusive rights to it, you may choose to make it available to others.
You and UpTrials agree that we may access, store, process and use any
information and personal data that you provide in accordance with, the terms of
our Privacy Policy:
This Privacy Policy applies to UpTrials.com, UpTrials-branded apps, and other
UpTrials-related sites, apps, communications and services (“Services”), including
off-site Services.
Data we collect:
1. Registration : to create an account, you need to provide data including your
name, email address and/or mobile number, and a password. If you register for
a paid Service, you will need to provide payment (e.g., credit card) and billing
information.
2. Profile : if you are a Candidate, you have choices about the information on your
profile, such as your education, work experience, skills, photo, and city or area.
You don’t have to provide additional information on your profile; however,
profile information helps you to get more from our Services, including helping
Employers find you. It’s your choice whether to include sensitive information on
your profile and to make that sensitive information public. Your profile is fully
visible to all Employers using our Services, and to all UpTrials administrative
team members. Please do not post or add personal data to your profile that you
would not want to be publicly available.
3. Posting and Uploading : we collect personal data from you when you provide,
post or upload it to our Services, such as when you fill out your profile, (e.g.,
with demographic data or salary), or submit an application for a job. You don’t
have to post or upload personal data; though if you don’t, it may limit your
ability to grow and engage with our Services.
4. Service Use : we log usage data when you visit or otherwise use our Services,
including our sites, app and platform technology. We use log-ins, cookies,
device information and internet protocol (“IP”) addresses to identify you and log
your use.
5. Other : our Services are dynamic, and we often introduce new features, which
may require the collection of new information. If we collect materially different
personal data or materially change how we collect, use or share your data, we
will notify you and may also modify this Privacy Policy.
We use the data that we have about you to provide and personalize our Services,
including with the help of automated systems and inferences we make, so that our
Services can be more relevant and useful to you and others.
If you are a Candidate, your profile can be found by Employers looking to hire
clinical research talent on UpTrials. We will use your data to provide you with
suggestions of relevant Employers and Jobs, and to suggest you to relevant
Employers as a potential Candidate for hire. Any additional uses of your personal
data will depend on which Services you use, how you use those Services and the
choices you make in your settings. You can update your profile, to influence the job
suggestions provided to you and the jobs we suggest you for.
We may use automated systems to provide content and recommendations to help
make our Services more relevant to you. Keeping your profile accurate and up-to-
date may help you better leverage opportunities through our Services.
We will contact you through email, notices posted on our websites or apps, and
other ways through our Services, including push notifications. We will send you
messages about the availability of our Services, security, or other service-related
issues. We also send messages about how to use our Services, reminders, job
suggestions and promotional messages from us and our partners. You may change
your communication preferences at any time. To change them, please email support@uptrials.com. Please be aware that you cannot opt out of receiving service messages from us, including security and legal notices.
We will contact you through email, notices posted on our websites or apps, and
other ways through our Services, including push notifications. We will send you
messages about the availability of our Services, security, or other service-related
issues. We also send messages about how to use our Services, reminders, job
suggestions and promotional messages from us and our partners. You may change
your communication preferences at any time. To change them, please email support@uptrials.com. Please be aware that you cannot opt out of receiving
service messages from us, including security and legal notices. We may introduce ads, both on and off our services directly or through a variety of
partners. To target (and measure the performance of) these ads, we may use the
following data, in a deidentified fashion:
1. Candidate and Employer provided data
2. Data from advertising technologies on and off our Services, pixels, ad tags,
cookies, and device identifiers
3. Data from your use of our Services (e.g., search history)
4. Information from advertising partners, vendors and publishers
5. Information inferred from data described above
We will strive to ensure that any ads shown to you are relevant and do not obstruct
or interfere with your ability to use our Services. If you have any concerns on the
ads content you are being served, you can email support@uptrials.com We will not share your personal data with any third-party advertisers or ad
networks except for: (i) hashed IDs or device identifiers; (ii) with your separate
permission (e.g., in a lead generation form) or (iii) data already visible to any users
of the Services (e.g., profile).
We seek to create economic opportunity for the clinical research workforce and to
help them be more productive and successful. We use the data available to us to
research social, economic and workplace trends, to help bridge the employment
gap. In some cases, we work with third parties to perform this research, under
controls that are designed to protect your privacy. We publish or allow others to
publish economic insights, presented as aggregated data rather than personal
data.
We use your data to investigate, respond to and resolve complaints and for Service
issues (e.g., bugs). We use your data for security purposes or to prevent or
investigate possible fraud or other violations of our User Agreement and/or
attempts to harm our users.
We use your data to produce and share insights that do not identify you. For
example, we may use your data to generate statistics about our Candidates, or
create demographic workforce insights.
We may use others to help us provide our Services (e.g., maintenance, analysis,
audit, payments, fraud detection, marketing and development). They will have
access to your information as reasonably necessary to perform these tasks on our
behalf and are obligated not to disclose or use it for other purposes.
It is possible that we will need to disclose information about you when required by
law, subpoena, or other legal process or if we have a good faith belief that
disclosure is reasonably necessary to (1) investigate, prevent or take action
regarding suspected or actual illegal activities or to assist government
enforcement agencies; (2) enforce our agreements with you; (3) investigate and
defend ourselves against any third-party claims or allegations; (4) protect the
security or integrity of our Services (such as by sharing with companies facing
similar threats); or (5) exercise or protect the rights and safety of UpTrials, our
users, personnel or others. We attempt to notify Candidates and Employers about
legal demands for their personal data when appropriate in our judgment, unless
prohibited by law or court order or when the request is an emergency. We may
dispute such demands when we believe, in our discretion, that the requests are
overbroad, vague or lack proper authority, but we do not promise to challenge
every demand.
We can also share your personal data as part of a sale, merger or change in
control, or in preparation for any of these events. Any other entity which buys us or
part of our business will have the right to continue to use your data, but only in the
manner set out in this Privacy Policy unless you agree otherwise.
We use data, including public feedback, to conduct research and development for
our Services in order to provide you and others with a better experience. By
submitting suggestions or other feedback regarding our Services to UpTrials, you
agree that UpTrials can use and share (but does not have to) such feedback for
any purpose without compensation to you.
For personal data that we have about you, you can always:
1. Delete Data: you can ask us to erase or delete all or some of your personal data
(e.g., if it is no longer necessary to provide Services to you).
2. Change or Correct Data: you can edit some of your personal data through your
account. You can also ask us to change, update or fix your data in certain cases,
particularly if it’s inaccurate.
3. Object to, or Limit or Restrict, Use of Data: you can ask us to stop using all or
some of your personal data (e.g., if we have no legal right to keep using it) or to
limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).
4. Right to Access and/or Take Your Data: you can ask us for a copy of your
personal data and can ask for a copy of personal data you provided in machine
readable form.
If you choose to close your UpTrials account, your personal data will generally stop
being visible to others on our Services within 24 hours. We generally delete closed
account information within 30 days of account closure, except as noted below.
We retain your personal data even after you have closed your account if
reasonably necessary to comply with our legal obligations, meet regulatory
requirements, resolve disputes, maintain security, prevent fraud and abuse,
enforce our User Agreement, or fulfill your request to "unsubscribe" from further
messages from us. We will retain de-personalized information after your account
has been closed. We do not control data that other users have copied out of our
services (e.g., data that Employers have retained on you, if you are a Candidate).
We implement security safeguards designed to protect your data, such as HTTPS.
We regularly monitor our systems for possible vulnerabilities and attacks.
However, we cannot warrant the security of any information that you send us.
There is no guarantee that data may not be accessed, disclosed, altered, or
destroyed by breach of any of our physical, technical, or managerial safeguards.
We will only collect and process personal data about you where we have lawful
bases. Lawful bases include consent (where you have given consent), contract
(where processing is necessary for the performance of a contract with you), and
other legitimate interests (e.g., generating insights to further improve your
UpTrials experience). Where we rely on your consent to process personal data, you
have the right to withdraw or decline your consent at any time and where we rely
on legitimate interests, you have the right to object. If you have any questions, you
can contact support@uptrials.com You agree to only provide content or information that does not violate the law nor
anyone’s rights (including intellectual property rights). You also agree that your
profile information will be truthful. UpTrials may be required by law to remove
certain information or content in certain countries. If you publish any content or
information that UpTrials believes to be fraudulent or untrue, UpTrials reserves the
right to remove this content without obtaining your consent.
3.2 Service Availability
We may change, suspend or discontinue any of our Services. We may also modify
our prices effective prospectively upon reasonable notice to the extent allowed
under the law.
We don’t promise to store or keep showing any information and content that
you’ve posted. UpTrials is not a storage service. You agree that we have no
obligation to store, maintain or provide you a copy of any content or information
that you or others provide, except to the extent required by applicable law.
3.3 Other Content, Sites and Apps
By using the Services, you may encounter content or information that might be
inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise
harmful. UpTrials does our best to review content provided by Candidates and
Employers, but we cannot always prevent misuse of our Services and you agree
that UpTrials is not responsible for any such misuse.
UpTrials connects Candidates with Employers, and we do our best to vet the
credibility of each Employer and their job postings. However, (1) UpTrials is not
responsible for the offering, performance or procurement of these jobs, (2) UpTrials
does not endorse any particular jobs, and (3) nothing shall create an employment,
agency, or joint venture relationship between UpTrials and any Employer offering
jobs on UpTrials.
If you are a Candidate, Employers on UpTrials may choose to interview you and
ultimately hire you. Similarly, UpTrials may help you find this job through our
Services. You agree that (1) UpTrials is not responsible for the conduct of any
Employers, (2) UpTrials does not endorse any particular Employers and/or jobs,
and (3) UpTrials is not responsible nor liable for your experience in the interview
process and ultimately as an employee of the Employer.
3.4 Limits
UpTrials reserves the right to limit your use of the Services. UpTrials reserves the
right to restrict, suspend, or terminate your account if you breach this Contract or
the law or are misusing the Services (e.g., sharing fraudulent and untrue
information).
3.5 Intellectual Property Rights
UpTrials reserves all of its intellectual property rights in the Services. Trademarks
and logos used in connection with the Services are the trademarks of their
respective owners. UpTrials, UpTrials logos and other UpTrials trademarks, service
marks, graphics and logos used for our Services are trademarks or registered
trademarks of UpTrials.
3.6 Automated Processing
If you are a Candidate, we use the information and data that you provide to make
recommendations for jobs, content and features that may be useful to you. If you
are an Employer, we use the information and data that you provide to make
recommendations for Candidates, content and features that may be useful to you.
Keeping your profile accurate and up to date helps us to make these
recommendations more accurate and relevant.
Key Terms
4. Disclaimer and Limit of Liability
4.1 No Warranty
UPTRIALS AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT
THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING
CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE
FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UPTRIALS AND ITS
AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY
IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS UPTRIALS HAS
ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS
CONTRACT), UPTRIALS, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN
CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS
OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS),
LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR
INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES.
UPTRIALS AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH
THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR
PAYABLE BY YOU TO UPTRIALS FOR THE SERVICES DURING THE TERM OF THIS
CONTRACT, IF ANY, OR (B) US $1000.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain
between you and UpTrials and shall apply to all claims of liability (e.g., warranty,
tort, negligence, contract and law) even if UpTrials or its affiliates has been told of
the possibility of any such damage, and even if these remedies fail their essential
purpose.
These limitations of liability do not apply to liability for death or personal injury or
for fraud, gross negligence or intentional misconduct, or in cases of negligence
where a material obligation has been breached, a material obligation being such
which forms a prerequisite to our delivery of services and on which you may
reasonably rely, but only to the extent that the damages were directly caused by
the breach and were foreseeable upon conclusion of this Contract and to the
extent that they are typical in the context of this Contract.
5. Termination
Both you and UpTrials may terminate this Contract at any time with notice to the
other. On termination, you lose the right to access or use the Services. The
following shall survive termination:
Our rights to use and disclose your feedback;
Candidates and/or Visitors’ rights to further re-share content and information
you shared through the Services;
Sections 4, 6, 7, and 8.2 of this Contract;
Any amounts owed by either party prior to termination remain owed after
termination.
You can email support@uptrials.com to close your account.
6. Governing Law and Dispute Resolution
You and UpTrials agree that the laws of the State of Delaware, U.S.A., excluding its
conflict of laws rules, shall exclusively govern any dispute relating to this Contract
and/or the Services. You and UpTrials both agree that all claims and disputes can
be litigated only in the federal or state courts in Delaware, USA, and you and
UpTrials each agree to personal jurisdiction in those courts
7. General Terms
If a court with authority over this Contract finds any part of it unenforceable, you
and we agree that the court should modify the terms to make that part
enforceable while still achieving its intent. If the court cannot do that, you and we
agree to ask the court to remove that unenforceable part and still enforce the rest
of this Contract.
This Contract (including additional terms that may be provided by us when you
engage with a feature of the Services) is the only agreement between us regarding
the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that
UpTrials has waived its right to enforce this Contract. You may not assign or
transfer this Contract (or your use of Services) to anyone without our consent.
However, you agree that UpTrials may assign this Contract to its affiliates or a
party that buys it without your consent. There are no third-party beneficiaries to
this Contract.
8. UpTrials “Dos and Don’ts”
8.1. Dos
You agree that you will:
1. Comply with all applicable laws, including, without limitation, privacy laws,
intellectual property laws, anti-spam laws, export control laws, tax laws, and
regulatory requirements;
2. Provide accurate information to us and keep it updated;
3. Use your real name on your profile; and
4. Use the Services in a professional manner. If you are a Candidate, this
includes engaging with Employers on UpTrials in a respectful, professional
and truthful manner, and representing yourself well as a qualified UpTrials
Candidate.
8.2. Don’ts
You agree that you will not:
5. Create a false identity on UpTrials, misrepresent your identity, create a
Candidate profile for anyone other than yourself (a real person), or use or
attempt to use another’s account;
6. Develop, support or use software, devices, scripts, robots or any other
means or processes (including crawlers, browser plugins and add-ons or any
other technology) to scrape the Services or otherwise copy data from the
Services;
7. Override any security feature or bypass or circumvent any access controls or
use limits of the Service (such as caps on keyword searches or profile views);
8. Copy, use, disclose or distribute any information obtained from the Services,
whether directly or through third parties (such as search engines), without
the consent of UpTrials;
9. Disclose information that you do not have the consent to disclose (such as
confidential information of others (including your employer));
10. Violate the intellectual property rights of others, including copyrights,
patents, trademarks, trade secrets or other proprietary rights.
11. Violate the intellectual property or other rights of UpTrials, including, without
limitation, (i) copying or distributing our materials or (ii) copying or
distributing our technology, and (iii) using the word “UpTrials” or our logos in
any business name, email, or URL.s
12. Post anything that contains software viruses, worms, or any other harmful
code;
13. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for the Services or any related technology that is not
open source;
14. Imply or state that you are affiliated with or endorsed by UpTrials without our
express consent (e.g., representing yourself as an accredited UpTrials trainer
or employee);
15. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or
related data or access to the same, without UpTrials’ consent;
16. Deep-link to our Services for any purpose other than to promote your profile
or a Group on our Services, without UpTrials’ consent;
17. Use bots or other automated methods to access the Services, add or
download contacts, send or redirect messages;
18. Monitor the Services’ availability, performance or functionality for any
competitive purpose;
19. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or
function of the Services;
20. Overlay or otherwise modify the Services or their appearance (such as by
inserting elements into the Services or removing, covering, or obscuring an
advertisement included on the Services);
21. Interfere with the operation of, or place an unreasonable load on, the
Services (e.g., spam, denial of service attack, viruses, gaming algorithms)
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information
posted by Candidates be accurate and not in violation of the intellectual property
rights or other rights of third parties.
10. How To Contact Us