Customer is receiving the opportunity to earn Great Place to Work® Certification™, in the United States (U.S.) only, which includes: Trust Index™ survey for up to 5,000 US-based employees, consideration for Great Place to Work Certification and associated Best Workplaces™ lists; summary of survey scores, strengths and opportunities; and benchmarked comparison of results to Best Workplaces (collectively the “GPTW Services”) subject to the terms of this Supplement. Great Place to Work® Institute, Inc. (“Great Place to Work”) will be providing the GPTW Services to Customer.
Notwithstanding any provision in the underlying agreement signed by the parties, the terms and conditions of this Supplement shall apply to the GPTW Services and Certification. In the event of a conflict or inconsistency between that agreement and this Supplement, and only as it pertains to the GPTW Services, the provisions of this Supplement shall prevail. The parties agree that the support, service level agreement, privacy, and security provisions of the underlying agreement do not apply to this Supplement.
As to the GPTW Services the following terms and conditions apply:
1. Definitions:
“Assessment” means any assessment conducted by Great Place to Work as part of the GPTW Services using its tools and methodologies to assess and measure workplace culture (including, but not limited to, use of Trust Index™ Survey, Culture Audit™, Culture Brief™, Trust Model and Methodology).
“Certification” means the process through which Customers may measure their employees' experiences and which such employees' experiences may be "Certified" through the confirmation and performance with the Great Place to Work Models.
“Customer Data” means Customer’s proprietary data and information that Customer provides to Great Place to Work so that Great Place to Work may, as part of the GPTW Services, conduct an Assessment (e.g., demographic and corporate information necessary to distribute the Survey to participants such as email address, employee ID, and other personally identifying information) and the data provided by Customer to Great Place to Work for the Culture Audit or Culture Brief). For the avoidance of doubt, Customer Data does not include either GPTW Aggregate Data or Raw Data.
“Customer Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For purposes of this Agreement, Customer Personal Data excludes information provided by an individual directly to Great Place to Work so long as Great Place to Work was not collecting such information on behalf of Customer or in furtherance of completing transactions as required pursuant to this Agreement.
“GPTW Aggregate Data” means (a) the Customer-specific information, data, and content contained in any report(s) delivered by Great Place to Work to Customer pursuant to this Supplement; and (b) any other aggregated data that is derived from the Raw Data and that is delivered by Great Place to Work to Customer pursuant to this Supplement. For the avoidance of doubt, GPTW Aggregate Data does not include any Raw Data or Customer Data.
“GPTW Intellectual Property” means (a) all copyrightable works owned by Great Place to Work (including without limitation books, articles, brochures, Surveys, Trust Index Surveys, Culture Audits, Culture Briefs, Trust Model and Methodology, the form and structure of reports, and other materials, tools and methodologies), whether or not the copyrights in such works have been registered in the U.S. or any other jurisdiction; (b) all confidential information and material belonging to Great Place to Work; (c) all Great Place to Work names, service marks, icons, and logos; (d) all techniques, algorithms and methods or rights thereto owned by, or licensed to, Great Place to Work during the term of this Agreement and employed by Great Place to Work in connection with the GPTW Services provided to Customer; (e) the Raw Data and GPTW Aggregate Data; (f) the GPTW Services; and (g) the Applications.
“Intellectual Property Rights” means patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, moral rights, know-how, and any other intellectual property rights recognized in any country or jurisdiction in the world.
“Raw Data” means the confidential and anonymous responses received by Great Place to Work from Customer and Customer’s employees in connection with, among other things, the Trust Index Survey(s) and/or Culture Audit(s), Culture Brief(s), focus groups, and one-to-one interviews administered by Great Place to Work pursuant to this Supplement. For the avoidance of doubt, Raw Data does not include any Aggregate Data or Customer Data.
“Survey” means the web-based Customer employee engagement survey consisting of Great Place to Work's standard survey questions and/or additional questions as requested by Customer.
2. Certification Eligibility Requirements
As part of the Great Place to Work® Certification™, the expectation is for Customer to go through the application process for Certification during each year of the Initial Term or Renewal Term, as applicable. Each Certification eligible Assessment package includes Certification attempts equal to the number of years in the Initial Term and each Renewal Term, as applicable. For example, a three (3) year Initial Term would provide Customer with up to three (3) Certification attempts to be used during the Initial Term.
To participate in Certification, Customer must do the following:
- Have 10 or more country-based full-and/or part-time employees (do not include per diem, temporary or contract employees).
- Ensure that the survey is accessible online to all employees.
- Administer a Certification-eligible Trust Index Survey to all employees if total country-based employee count is 5,000 or fewer. If Customer has more than 5,000 country-based employees, depending on the details of the package ordered (i.e., Assess, Analyze or Accelerate), Customer must, at a minimum, survey 5,000 employees (generated as a random sample from the entire country’s employee population) or may contract to conduct a full census.
- Receive enough Trust Index Survey responses to meet or exceed the current Certification threshold with less than 10.5% margin of error at a 90% confidence level in the results.
- Submit a culture assessment that reflects employee demographics and Customer programs at the time of distributing the survey.
- The Certification-eligible Trust Index Survey and culture assessment must reflect the entire entity within the country, including the parent, all subsidiaries, divisions, and departments in that country. Customer can only be awarded Certification independently of their parent organization and related subsidiaries if Customer can show, prior to initial purchase, that they operate as a distinct and separate business, brand, and culture.
3. Certification, Profiles, and Best Workplaces Lists Consideration
3.1 Once Customer has completed all the required steps as set forth in Section 2 above, should the average of all Great Place to Work® Model© statements meet the Certification threshold, Customer will be awarded the designation of Great Place to Work®-Certified™ and a Great Place to Work® Profile™ will be published. Any Customer that appears on a Great Place to Work® Best Workplaces™ List is selected primarily based on their employees' responses to the Great Place to Work Trust Index Survey which is a proprietary employee survey developed by Great Place to Work. The specific criteria and methodology for each Best Workplaces List is managed by and at the discretion of Great Place to Work and is subject to change.
3.2 Certification is valid for 12 months from the date awarded (“Certification Period”). Customers awarded Certification can use the country-specific Certification badge, royalty free, during the Certification Period according to the terms of this Supplement and guidelines found here: https://www.greatplacetowork.com/certification-brand-guide
3.3 Customer will then be considered for all Best Workplaces Lists that they are eligible for during the Certification Period. To be considered for Great Place to Work Best Workplaces Lists, the rules are as follows:
- Enough survey responses must be received by Customer to meet or exceed the Best Workplaces List threshold of less than a 5.5% margin of error at a 95% confidence level in the results.
- Customer must be Great Place to Work-Certified at the time of any deadline for any Best Workplaces List and meet specific criteria. Deadlines and criteria are subject to change.
- Customer must have a published Great Place to Work Profile. The Great Place to Work Profile is automatically published online by Great Place to Work and may highlight Customer facts and high-level positive results from the survey.
- Customers selected for a Best Workplaces List can use the country specific List badge according to the guidelines found here: https://www.greatplacetowork.com/national-list-badge-guide.
4. Integrity of Our Selection Process
Great Place to Work and its affiliates will not consider personal relationships, gifts, or any other influences (or attempted influences) in the selection of Customer for Certification and/or a Best Workplaces List. Engaging Great Place to Work or its affiliates for services (e.g. consulting) does not help Customer obtain Certification or appear on a Best Workplaces List. Evaluators involved in the selection of Customer for a Best Workplaces List sign non-disclosure agreements and are screened for potential conflicts of interest.
5. Confidentiality: Data, Materials, and Other Customer Information
5.1 Great Place to Work will only provide Customer Data (and not Customer Personal Data) to approved media and research “partners” who have been authorized in advance by written agreements with Great Place to Work for purposes of developing and publishing a list and/or related findings. This data may include selected data points gathered in the culture assessment, specific Trust Index Survey results and employee comments.
5.2 Great Place to Work may use GPTW Aggregate Data to publish reports, articles, research, or books in addition to Best Workplaces Lists and Great Place to Work Profiles.
5.3 Great Place to Work may cite examples of Customer’s best practices in presentations and speeches, media interviews, articles, and other communications, but only in accordance with the Positive Recognition Guidelines set forth herein.
6. OWNERSHIP AND USE OF DATA
6.1 Customer Data
As between Great Place to Work and Customer, the Customer Data, and all Intellectual Property Rights therein or relating thereto, are and will remain the exclusive property of Customer or its licensors.
Great Place to Work will use Customer Data solely to perform the GPTW Services and in a manner that is compatible with the purposes for which such Customer Data is furnished to Great Place to Work or subsequently authorized to be used, and Great Place to Work will ensure that any Customer Personal Data included in Customer Data is properly maintained and protected in accordance with the confidentiality provisions of this Supplement.
6.2 Aggregate Data and Raw Data
As between Great Place to Work and Customer, the Raw Data and the GPTW Aggregate Data, and all Intellectual Property Rights therein or relating thereto, are and will remain the exclusive property of Great Place to Work.
The Raw Data will not be provided to Customer by Great Place to Work to protect the confidentiality of Customer respondents. Customer may use GPTW Aggregate Data solely as described in this Supplement.
Great Place to Work covenants to use the GPTW Aggregate Data solely for the purposes of Great Place to Work, including without limitation for benchmarking, creation of best practices, certification of companies as recognized workplaces, creation of lists of companies for publication, statistical analysis, and other research & development purposes.
To protect the confidentiality of Customer respondents, Great Place to Work will not report on Assessment results in which fewer than five (5) people in a Customer demographic group have submitted responses to the survey.
6.3 Intellectual Property Rights
a. Notwithstanding any provision of this Supplement to the contrary, (a) all Intellectual Property Rights belonging to a party, sub-contractor or third party prior to the Effective Date, or created other than in connection with Great Place to Work’s provision of the GPTW Services (“Pre-existing IPR”) will remain with, and vested in, that party, sub-contractor or third party (as applicable) and will not be assigned hereunder, and (b) all Intellectual Property Rights in all enhancements and modifications to, or derivative works of, any Pre-existing IPR made by either Party will be with, and vest in, the owner of the relevant Pre-existing IPR.
b. As between Great Place to Work and Customer, the GPTW Intellectual Property, and all Intellectual Property Rights therein or relating thereto (except for limited rights granted to Customer and Customer’s users herein), are and will remain the exclusive property of Great Place to Work or its licensors. Customer is not acquiring any rights to any GPTW Intellectual Property. Any use of GPTW Intellectual Property other than as expressly described in this Supplement requires prior written approval from Great Place to Work.
c. Without Great Place to Work’s prior written approval, which may be withheld in Great Place to Work’s sole discretion, Customer will not use or re-use any GPTW Intellectual Property in any manner other than pursuant to its receipt of the GPTW Services during the Term (including in any surveying conducted either in-house or with another vendor outside of the scope of this Supplement). Reports provided by Great Place to Work to Customer may be distributed internally by Customer, but any external distribution requires prior written approval from Great Place to Work which will not be unreasonably withheld.
7. Use of Names/Logo
Customer may request permission for the use of the Great Place to Work logo, and in doing so, should request to fill out and complete the “Use of Great Place to Work® Institute Materials Consent Agreement” (the “GPTW Material Consent Form”) downloadable at www.greatplacetowork.com/images/GPTW-Material-Consent-Form.doc. Customer understands that it is subject to all rules and guidelines set forth in the GPTW Material Consent Form, the GPTW Intellectual Property Usage Policy at www.greatplacetowork.com/GPTW-Intellectual-Property-Usage-Policy and the GPTW Brand Identity Policy at www.greatplacetowork.com/GPTW-brand-Identity-Policy. GPTW may include Customer’s name on a client list, unless notified otherwise in writing by Customer.
8. Positive Recognition Guidelines
8.1 Positive Recognition will be provided to Customer named in publicity and findings distributed by Great Place to Work and its media partners. Customer will not be negatively critiqued by Great Place to Work for its efforts, policies, programs, or practices.
8.2 Great Place to Work may publish findings on Customer without prior approval from Customer, provided this use is in accordance with these Positive Recognition Guidelines.
8.3 Customer irrevocably authorizes and grants to Great Place to Work® Institute, Inc. the right to use the data, information and other material it and its representatives provide (collectively, the “Material”) as part of the Supplement, at Great Place to Work’s discretion for purposes of developing and publishing Best Workplaces Lists or related findings. This Material may include selected data points gathered in the culture submission, specific Trust Index© Survey results and employee comments. Customer waives any inspection or approval of any such Material or the use thereof and it acknowledges and agrees that this consent includes the right of Great Place to Work to copy, cut, crop, edit, revise, alter, adapt, modify or otherwise change and use the Material, in whole or in part, without any further approval by or consideration. Customer waives any legal claim to any compensation or receipt of consideration of any kind for the rights granted by this consent.
Customer consents to the publication of the Great Place to Work Profile created by Great Place to Work, including the publication of any information provided to Great Place to Work by Customer or its employees in order for Great Place to Work to evaluate Customer or prepare a Great Place to Work Profile, any Customer logos or trademarks, or any photographs or graphics, that have been submitted to Great Place to Work. From time to time, Great Place to Work may enter into agreements with third parties for publication of the Great Place to Work Profile in print and other forms of media, and Customer agrees that it has no objections to such third parties printing Customer’s Great Place to Work Profile.
9. Privacy and Confidentiality
All questions or concerns about the data privacy, data security, and confidentiality are addressed in the Great Place To Work Global Privacy Policy found here: https://www.greatplacetowork.com/privacy-policy and the External Security Policy found here: https://www.greatplacetowork.com/external-security-policy. The references to the GPTW Products and Services Agreement in such policies apply only for the purpose of incorporating the referenced warranty provisions into the policy and this Supplement.
10. Suspension, Termination
10.1 Suspension. If Customer is in breach of this Supplement, Great Place to Work may suspend the eligibility and GPTW Services immediately if it reasonably deems that Customer’s breach may put the GPTW Intellectual Property at risk. Great Place to Work will promptly communicate with Customer to assess if Customer may remedy such breach and if such breach is not remedies within thirty (30) days, Great Place to Work may terminate this Supplement and the eligibility of the Customer.
10.2 Rights and Obligations Upon Expiration or Termination. Upon expiration or termination of the agreement or Supplement, Customer’s and Customer’s users’ right to access and use the GPTW Services (and any GPTW Intellectual Property) will immediately terminate, Customer and its users will immediately cease all use of the GPTW Services (and any GPTW Intellectual Property) except for the GPTW Aggregate Data received in reports which may continue to be used internally at the Customer, and each Party will return and make no further use of any confidential information, materials, or other items (and all copies thereof) belonging to the other Party no later than ten (10) days after the effective date of the expiration or termination of the agreement or this Supplement.