Diligene LLC and its international subsidiaries respect your privacy and are committed to protecting your Personal Data. As a global organization, it is our duty to comply with the various applicable regulations around the world that govern the collection and Processing of Personal Data.
Protecting the personal rights and privacy of each individual is at the core of the foundation of trust in our business relationships and of Diligene's reputation as an attractive and responsible employer. We recognize the need for appropriate safeguards and management practices in relation to the collection and use of your Personal Data.
We want to ensure that you understand what information we collect about you and how we use it. This Privacy Notice sets out the principles Diligene follows when we collect and Process your Personal Data through your use of our website or when you otherwise engage with Diligene and it applies to our candidates, clients, suppliers, website-users and anyone who subscribes to our newsletters or participate in our programs, platforms or similar activity.
This website is not intended for children and we do not knowingly collect data relating to children.
We may amend this Privacy Notice from time to time so please visit this page occasionally to ensure that you understand any amendments. If we need your consent to Process your Personal Data in a different way, we will seek your permission in advance.
Please use the Glossary to help you understand the meaning of some of the terms used. If you have any questions regarding the Notice, contact us at Mail@diligene.com.
DILIGENE LLC
Diligene LLC. is a leading alternative Project Controls and Management services provider headquartered at 10Bayberry Dr Princeton, NJ 08540, USA. with subsidiaries in Canada and Shanghai.
This Privacy Notice is issued on behalf of the Diligene as a whole. When we mention “Diligene”, “we”, “us” or “our”, we are referring to the relevant Diligene entity responsible for collecting or Processing your data.
Unless specified otherwise in this Privacy Notice, Diligene is the controller of your Personal Data which meansthat Diligene decides why and how your Personal Data is Processed. Unless otherwise stated the Diligene entity you are engaging with will be thecontroller of your data. Diligene LLC is the controller and responsible for this website.
DATA PRIVACY OFFICE
Our Data Privacy Office, which is part of our management team, is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this Privacy Notice, including any requests to exercise any of your legal rights, please contact the Data Privacy Office using the details set out below.
CONTACT DETAILS
Our full details are:
Full name: DiligeneLLC
Address:
10 Bayberry Dr, Princeton, NJ 08540, USA
Contact name: FengXu
Email address: Mail@diligene.com
Telephone number: +1(609) 937-2537
“Personal Data” is any information about an individual from which that person can be identified. It might include your name, mailing address, email address, telephone number, company, title, site username or site password. It does not include data where the identity has been removed (anonymous data).
We collect, store and Process your Personal Data by different methods depending on whether you are a candidate, client, supplier or website user.
WHERE YOU ARE A CANDIDATE:
You may be a past candidate or a candidate in Process or you may have participated in our recruitment or other similar events.
We do not mandate the collection of any Special Categories of Personal Data about you through this website (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
We will ask for your explicit consent before we collect Special Category Personal Data, except in circumstances:
WHERE YOU ARE A CLIENT:
When you are enquiring about or using our services we collect and use information to understand your requirements, agree role specifications, propose candidates, discuss our contract, provide training or consultancy services or to share Diligene content which is likely to be relevant and useful to you.
*We may wish to record video-conferences with you through video-conferencing software (such as Zoom, Microsoft Teams or RingCentral) as well as use artificial intelligence software (such as Show pad or Chorus) so that we can analyze conversations with you and obtain insight to help us from a business perspective and/or with training Diligene staff. If we do intend on doing so, you will be notified in the video-conference meeting invite that you receive from us.
WHERE YOU ARE A WEBSITE USER:
When you are using our website, which may include when you download content or contact us via our website.
This section states that you are entering into contract terms with Diligene that govern your use of the Diligene Job Platform and any other Platform created by Diligene LLC.
These terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Diligene’s Platforms located at Diligene.com (the "Platform" or “Platforms”),including any content, functionality, services, or products available to you on or through the Platform. By using the Platform, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use you must not use the Platform. "You" means you individually and the Diligene Client that you represent (and, as applicable, your Users). If you are entering into the Agreement for a Diligene Client, you represent that you have the authority to bind that entity.
Please read these Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and by our Privacy Notice , both of which are incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Notice ,you must not access or use any of our platforms.
This section explains that Diligene may update these terms from time to time, without notice to you, and the updated terms will apply to you.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Platforms following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
This section outlines that these terms apply to all types of users.
These Terms of Use apply to you whether you are a user of the Platform that is:
This section describes the purpose of the Diligene Platform for each type of user.
Diligene is a leader in expert, on-demand Project Controls and Management talent and its Platform/ Platforms is a trusted resource that has been created for the benefit of all of its users. In particular, benefits the following:
This section explains that:
We reserve the right to terminate or modify the Platform, and any services, data or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform.
You are responsible for both:
With respect to your profile and other content that you submit on the Platform, this section explains that:
The Platform contains profiles, message boards, forums and other interactive features (collectively, "Interactive Services")that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post")content or materials (collectively, "User Contributions") on or through the Platform.
More specifically, the Platform allows Diligene Talent to create profiles that are accessible by Client Users, which profiles are included within the definition of User Contributions. All User Contributions must comply with the Content Standards set out below in these Terms of Use.
By providing any User Contribution on the Platform, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, copy, modify, process, reproduce, adapt, distribute and publish such User Contribution as we deem reasonably necessary in connection with our business (such as in order to promote Diligene’s products and services) and to fulfil our contractual relationship with you. User Contributions may not have been verified or approved by us and we have no obligation to do so. The views expressed by other users on the Platform do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us at Mail@diligene.com.
You represent and warrant that:
As a Diligene Client or Client User, you understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute, and you, not Diligene, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted Diligene Clients or Client Users.
This section lists the rules that your profile and other content that you submit on the Platform.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws, rules and regulations. User Contributions including the user’s name and contact details must be accurate and kept up-to-date.
Without limiting the foregoing, User Contributions must not:
This section describes how you may use the Platform and what you are not allowed to do.
You may use the Platform only for lawful purposes, such as in order to fulfil your contract with us and for your legitimate business activities with us and in accordance with these Terms of Use. You agree not to use the Platform:
You agree not to:
Additionally, you agree that:
And, finally, you agree that:
This section describes that:
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Diligene, its licensors, or other providers of such material and are protected by United States, European Union and other international and local copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Platform for your personal, legitimate business interests with Diligene only. You must not reproduce, distribute, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of thematerial on the Platform, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Diligene. Any use of the Platform not expressly permitted by these Terms of Use is prohibited, constitutes a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The section explains that the Diligene name, logo and other Diligene trademarks on the Platform belong to Diligene and its affiliates or licensors.
The Diligene name, trademarks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Diligene or its affiliates or licensors. You must not use such marks without the prior written permission of Diligene. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
This section outlines Diligene’s rights with respect to the content that you post on the Platform, including your profile. This section also describes that Diligene has the right to terminate your access and in certain circumstances disclose your identity or take legal action. You provide Diligene with a waiver against any claims made due to the sections.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS DILIGENE FROM ANY CLAIMSRESULTING FROM ANY ACTION TAKEN BY DILIGENE DURING, OR TAKEN AS A CONSEQUENCEOF, INVESTIGATIONS BY EITHER DILIGENE OR LAW ENFORCEMENT OR OTHER GOVERNMENTAUTHORITIES.
This section explains that you will notify us if you believe that any other user content on the Platform violates your own copyright.
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to Mail@diligene.com.It is the policy of Diligene to terminate the user accounts of repeat infringers.
This section states that Diligene does not promise that the content on the Platform will always be complete or current.
We aim to keep the content on this Platform up-to-date and accurate, but at times the content may not be complete or current.
This section states that all information collected on the Platform is subject to the Diligene Privacy Notice.
All information we collect on this Platform is subject to our Privacy Notice. By using the Platform, you consent to all actions taken by us with respect to your information incompliance with the Privacy Notice.
This section states that links to third party websites and resources on the Platform are to be used at your own risk and Diligene accepts no responsibility for your use of them.
If the Platform contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
This section explains that you are responsible for accessing the Platform in compliance with local laws.
The owner of the Platform is incorporated and registered in New Jersey. We provide this Platform for use by persons located worldwide, including the United States, European Union and elsewhere. Access to the Platform may not be legal by certain persons or in certain countries and should you access the Platform from those countries, you do so on your own initiative and are responsible for compliance with local laws.
This section is Diligene’s disclaimer of legal liability for your use of the Platform.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy yourparticular requirements for anti-virus protection and accuracy of data input and output. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FORANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES,OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTEREQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOURUSE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ORTO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TOIT.
YOUR USE OF THE PLATFORM, ITS CONTENT,AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK.THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEPLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANYWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DILIGENE NOR ANYPERSON ASSOCIATED WITH DILIGENE MAKES ANY WARRANTY OR REPRESENTATION WITHRESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, ORAVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER DILIGENENOR ANYONE ASSOCIATED WITH DILIGENE REPRESENTS OR WARRANTS THAT THE PLATFORM,ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BEACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BECORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES ORITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OREXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, DILIGENEHEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OFMERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANYWARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This section sets out the limits of DILIGENE’s legal liability for your use of the Platform.
TO THE FULLEST EXTENT PROVIDED BY LAW,THE MAXIMUM LIABILITY OF DILIGENE, AND ITS LICENSORS, SERVICE PROVIDERS,EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS FOR DAMAGES OF ANY KIND, UNDER ANYLEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TOUSE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM ORSUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN ANDSUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OFBUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OROTHERWISE, EVEN IF FORESEEABLE, WILL NOT EXCEED 50USD.
The limitation of liability set outs above does not apply to liability resulting from our gross negligence or willful misconduct or to death or bodily injury caused by products or services you purchase through the Platform.
THE FOREGOING DOES NOT AFFECT ANYLIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This section set outs the indemnity that you agree to with respect to your use of the Platform.
You agree to defend, indemnify, and hold harmless Diligene, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.
This section describes the governing law that applies to this contract and the courts that have jurisdiction.
All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related there to (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without regard to its principles relating to conflicts of law.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the state of New Jersey, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
This section sets out the timeframe within which you must bring any claim against Diligene.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVEARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BECOMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE,SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This section describes what happens if Diligene waives a term of this contract, or if any term of this contract is held to be invalid, illegal or unenforceable.
No waiver by Diligene of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Diligene to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
This section lists those terms that continue to apply beyond the termination of this contract.
On termination of these Terms of Use, the following sections along with this section shall continue in force: Sections 9,10, 18, 20 – 26.
This section states that this contract (and any documents incorporated and referenced)constitutes the entire agreement between you and Diligene.
The Terms of Use which incorporate our Privacy Notice and any other contractual documentation which we have entered into with you constitute the sole and entire agreement between you and Diligene. regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
25. Conflicts with Other Terms and Conditions
This section describes what happens in the event of a conflict between this contract and anyother contract that Diligene enters into with you.
All relationships and transactions facilitated through the Platform, including the engagement of Diligene Talent by Diligene, or the engagement of Diligene Talent by Diligene Clients, are governed by the contracts that you enter into with us with respect these services. Your use of the Platform is subject to any other contracts you have with us, and in the event of any conflict between these Terms of Use and any contract you have with us, the terms of such contract will prevail.
This section explains where you can send your notices and comments.
The Platform is operated by Diligene LLC. whose registered office is at 10 Bayberry Dr
Princeton, NJ 08540
All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed in the first instance to: Mail@diligene.com.