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These terms of use are entered into by and between You and Bain & Company, Inc. and/or its affiliates ("Bain,""we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference(collectively, "Terms of Use"), govern your access to and use of [https://bain-fbx.webflow.io], including any content, functionality, and services offered on or through [https://bain-fbx.webflow.io] (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [https://bain-fbx.webflow.io/privacy-policy], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Bain and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
These Terms of Use will govern your use of the Website and you acknowledge and agree that you will abide by all of the following Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE WEBSITE.
1. Use of the Website. You agree that you will not use the Website for any purposes beyond the scope of the access granted in the Terms of Use. You agree that you will not at any time, directly or indirectly, and will not permit any other persons to: (i) copy, modify, translate, download, extract or create derivative works from the Website or documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website or documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website, in whole or in part; (iv)remove any proprietary notices from the Website or documentation; (v) use theWebsite or documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (vi) transmit any content or data to the Website that is unlawful or infringes any intellectual property rights; (vii) violate the terms of use of any third-party products incorporated into the Website or hosting the Website (“Third Party Products”);(viii) insert any malicious code, including viruses, malware or harmful data, into the Website; or (ix) circumvent or endanger the operation or security of the Website.
2. Bain IP. You acknowledge that, as between you and Bain, Bain owns all rights, title, and interest, including all intellectual property rights, in and to the Website, the documentation, and any materials or deliverables provided to you pursuant to the Terms of Use, and, with respect toThird-Party Products, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to theThird-Party Products.
3. Reservation of Rights. Bain reserves all rights not expressly granted to you in these Terms of Use. Except for the limited rights and licenses expressly granted under the Terms of Use, nothing in theseTerms of Use grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to Bain’s intellectual property.
4. Privacy Policy. Your use of the Website is subject to the Bain FBX Privacy Policy, a current version of which is available at [https://bain-fbx.webflow.io].
5. Third Parties. The Website may display, incorporate, contain links to, connect with, or be made available to you via third-party products, services, and websites (collectively, “Third-PartyProducts”). Any statements, services, offers, or other information that constitutes part of the Third-Party Products made available by other users or other third parties on the Website, or which are accessible through or may be located using the Website, are those of the respective owners and not of Bain or its representatives. Bain does not control Third-Party Products and does not guarantee the accuracy, integrity or quality of such Third-Party Products.Third-Party Products are governed solely by the terms and conditions of thoseThird-Party Products and the applicable flow through provisions. You agree to be bound by the Third Party Product’s terms and conditions to which you may be required to agree by accessing the Website. Bain is not responsible for the performance of and does not endorse any Third-Party Products. Bain is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any Third-Party Products. It is your responsibility to evaluate the information, opinion, advice, or other services available on and through the Website. Third Party Products shall have no warranty, support or other obligation to you.
6. Information. All information contained on, or communicated via the Website (“Website Material”) is provided for general information only and is not intended to provide professional advice, including any information contained in any features of the Website, whether communicated by Bain or a third party. Bain does not accept responsibility or liability to you or any third parties in relation to the use of the Website Material. TheWebsite Material is provided “as is”. Neither Bain nor its employees make any warranties about the completeness, reliability, accuracy or appropriateness of, or the results obtained from the use of, such information. Any action you take based upon the information on the Website is strictly at your own risk, andBain will not be liable for any errors or omissions, any losses and damages in connection with the use of or reliance upon any such information, or for the results obtained from the use of such information.
7. Use of Name. You will not publicly or in any oral, written or electronic communication to any party other than Bain useBain’s name, attribute any information to Bain or disclose the existence of any relationship between you and Bain.
8. Aggregated Statistics. Notwithstanding thePrivacy Policy, Bain may also monitor your use of the Website and collect and compile Aggregated Statistics. As between Bain and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Bain. You acknowledge that Bain may compile Aggregated Statistics based on data you input into the Website. You agree that Bain may (i) use the Aggregated Statistics for following purposes:improving and enhancing the Website and for other development, diagnostic and corrective purposes in connection with the Website and the other Bain offerings, and (ii) disclose such data in the aggregate and anonymized form in connection with its business, benchmarking activities and services. “AggregatedStatistics” means data and information related to your use of the Website that is used by Bain in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Website. Aggregated Statistics may include data that relates to individuals.
9. Governing Law. These Terms of Use shall be governed by and construed and interpreted in accordance with the laws of The Commonwealth of Massachusetts without reference to its conflict of laws principles.
10. Waiver and Amendment. No waiver, amendment or modification of any provision hereof or of any right or remedy hereunder shall be effective unless made in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced and these Terms of Use may only be amended by a writing signed by the parties hereto and Bain. No failure by any party to exercise, and no delay by any party in exercising, any right, power or remedy with respect to the obligations secured hereby shall operate as a waiver of any such right, power or remedy.
11. Assignment. You will not assign your rights or obligations under these Terms of Use without the prior written consent of Bain.
12. Severability. If any provision of these Terms of Use is declared by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be enforced to the maximum extent possible and the remaining provisions shall continue in full force and effect to the maximum extent permissible without being impaired or invalidated in any way.
13. Survival. The parties agree that their respective rights, obligations and duties which by their nature extend beyond the termination of these Terms of Use shall survive any termination.
This Privacy Policy applies to the Bain FBX Website (the "Website") provided by Bain & Company Inc., a company headquartered in Boston, Massachusetts, USA, and/or the other companies of the Bain group("Bain", “we”, “us”) who act as data controllers with respect to the personal data you share with Bain under this Policy. The data controller is the person or company that, together or jointly with others, determines the purposes (why) and means (how) of the processing of personal data.
Please note that this Privacy Policy does not apply to any Bain Websites or website other than the Bain FBX Website.
Bain knows that your privacy is important to you and takes user privacy very seriously. We are committed to protecting your personal data (i.e. any information you provide to us from which you can be identified) in accordance with this Privacy Policy.
Bain reserves the right, at its sole discretion, to alter and update this PrivacyPolicy from time to time. We therefore invite you to review the current version of the Privacy Policy each time you return to our Website.
Sometimes our Website may contain links to third party sites and services. These sites and services have their own privacy policies. If you follow a link to a third party, you should read the privacy policy shown on their site.
Information we collect and how we use it
Bain might collect personal data from you (including, but not limited to your name, contact details, occupation, industry, region/country, IP address, which videos you view, which exercises and tasks you complete, which live sessions you attend, and which courses you take on the Website, your interaction with experts and peers on the Website, and any other information you choose to share through the Website). By using the Website or sending us information, you explicitly consent to Bain processing your personal data in accordance with this Privacy Policy.
Bain will use your personal data to administer your access to the Website, to track your user activity, and to analyze and improve the user experience of the Website.
By using our Website and submitting your information to us, you explicitly agree to Bain using your personal data for the purposes and in the manner described in this Privacy Policy. Please do not send us any information you do not wish Bain to use.
You do not have to provide us with any personal data. However, if you do not, we may be unable to provide you with access to the Website.
Bain will keep your personal data for as long as needed to administer your access to theWebsite or for as long as we have a relationship with you.
Please note that Bain is not responsible for any information you may disclose publicly in any chat rooms, message boards, or similar web pages, including those hosted on or linked to our Website. You should keep in mind that, whenever you publicly disclose information about yourself online (for example, via message boards or chat rooms), such information could be collected and used by people whom you do not know. In addition, certain message boards and similar user forums may display IP addresses along with the message poster's name and message. Bain bears no responsibility for any action or policies of any third parties who collect any information users may disclose on the message boards, chat areas or other user forums, if any, on the Website.
Use of cookies on the Website
Our Website may use cookies or other technology to obtain certain types of information about you. We may use cookies or other technology (“cookies”) to obtain certain types of information when you browse our Website."Cookies" are small text files that are stored by your browser on your computer's hard drive. Cookies can be placed on your computer directly by our Website (first party cookies) or by another website (third party cookies).
We may use cookies to keep track of your visit to our Website, speed up navigation and improve your experience of the site, (for instance by remembering some of your preferences or choices, the last pages you visited or searches you carried out or by keeping you logged in).
Our Website may use cookies such as Google Analytics to carry out some analytics on and enhance our Website. These cookies help us understand, for example, how you use our Website, which pages are the most visited or where people visiting ourWebsite are located.
The"help" section of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive new cookies, and how to disable or delete cookies altogether.
Who we share your personal data with
We may share your personal data with other companies of the Bain group as well as with other third parties that might be located in a different country than your country of residence. Bain will not share or sell your data to any third party for their own use.
We may share your personal data with others, such as:
● other offices in the Bain group – for a complete list of our offices, please refer to the Offices page of the bain.com website;
● your employer in order to give details on your use of the Website;
● carefully selected third party service providers, IT systems providers, or data cleansing providers, so they can provide services to Bain, including but not limited to Webflow, Inc. as the hosting and support provider of the Website, and Amazon Web Services;
● individuals providing mentoring through the Website;
● our advisors; and
● law enforcement authorities or other government bodies when we are required to do so.
Third parties, other than law enforcement authorities or government bodies, will only handle your personal data on behalf of Bain for the purposes described in thisPolicy. Bain will not sell or otherwise share your personal data with such third parties for their own use.
The companies of the Bain group and other third parties we share your information with may be located in other countries, including countries that do not offer the same protection to your personal data as the country in which you reside.Where that is the case, Bain ensures that your personal data is protected by using appropriate legal mechanisms. If you reside in the European Union, such mechanisms include using contracts or wording approved by the EuropeanCommission (called “Standard Contractual Clauses”) or, in the case of US-based companies, working with companies that are Privacy Shield certified. StandardContractual Clauses are an agreement that can be entered into by companies for transfers of personal data outside of the European Union. They are a mechanism approved by the European Commission to ensure adequate safeguards to personal data when it is transferred outside of the European Union.
Links to other websites
Our Website may contain links to third party websites that are governed by their own terms and privacy policies. Bain does not bear any liability and responsibility for the content or your use of these websites.
The Website may contain links to third party websites, including social network sites. Such websites are governed by their own terms of use and privacy policies, which you should review before browsing or submitting information to them. Bain is not responsible for the privacy practices of such websites. In addition, a link to a third party website does not mean that Bain endorses or accepts any responsibility for the content or the use of such website.
Security of your personal data
Bain has implemented appropriate technical and organizational security measures in order to protect your personal data from loss, misuse, alteration, or destruction.Such measures include anonymizing (transforming data in such a way that it is no longer identifiable) or pseudonymizing (transforming data in such a way that it is no longer identifiable without the use of additional information) data where possible. Authorized Bain personnel and third parties mentioned above will only have access to your personal data to the extent they need it to do their job or provide their services. Despite these precautions, however, Bain cannot guarantee that unauthorized persons will not obtain access to your information.
Your Rights
Depending on where you reside you might have the right to request access to, rectification or erasure of your personal data and to object to or ask for the restriction of the processing of your personal data. You might also have the right to withdraw your consent and request that we stop processing or delete your personal data.
Depending on where you reside, you may be entitled to certain rights regarding the personal data Bain holds about you. For instance, you may have the right to request access to your information, obtain a copy of it as well as information about how we use it. You have the right to request that we correct incorrect, inaccurate or out-of-date information about you. You may also have the right to request that we stop processing your information and/or withdraw your consent to such processing and to ask us to delete your information.
If you receive marketing communications from Bain, you can opt out of receiving future emails from Bain or unsubscribe from participating in our programs through the"preferences" page, which is accessible in every marketing email you receive from Bain.
If you wish to make a request about your personal data, please contact us at DataPrivacy@Bain.com. Please note that we will take reasonable steps to check your identity before handling your request.
If you think we are handling your information unlawfully, we encourage you to get in touch with us at DataPrivacy@Bain.com. You may also have the right to lodge a complaint with your national supervisory authority.
Children
Our Website are not directed at children 18 years of age or younger. Bain, therefore, will not intentionally collect information about anyone under the age of 18, and requests that no such information be submitted to us.
Contact
If you have any questions about this Privacy Policy or how Bain handles your personal data, please contact Bain’s Global Data Protection Officer:
Email: DataPrivacy@Bain.com
Post: Bain & Company, Inc. United Kingdom, 40 Strand, London WC2N 5RW, United Kingdom.
Last updated: 08 September 2020
