Terms of Services & Privacy Policy


Last Modified: Wednesday, 24 May 2017
Terms of Services & Privacy Policy
Last Modified: Wednesday, 24 May 2017

 

Welcome to Empleyado!


Thank you for using our Products, Software, and Services (the "Services"). "Service" shall mean the collection of online resources made available at the Platform, which shall include: recruitment, timekeeping, including GPS tracking, bills payment, and payroll management among others.

The Services are provided by COGNITIF Inc. ("Empleyado"), located at 3010 One Corporate Center, Julia Vargas corner Meralco Avenue, Ortigas Center, Pasig City, Philippines 1605. Access to the Services and their corresponding Terms of Use (these "Terms") shall depend on the type of user. Users can be employers ("Employers"), employees ("Employees") granted access by their respective employers, or an ordinary user ("Ordinary User").

Access shall be through a single sign-on system where login credentials are going to be required only once for all the Services which may include third party merchants.

All of Empleyado's websites and software (the "Platforms") and Services are provided to you subject to these Empleyado Terms. For the purpose of the Terms and wherever the context so requires, the terms "you" and "your" shall mean any person who uses or accesses, whether through manual or automated means, the Platform and Services in any manner whatsoever including persons browsing the Platform and its content, posting comments or any content or responding to any other content on the Platform. By using, accessing or downloading any part or aspect of the Platforms or the Services, you (1) wilfully and unconditionally bind yourself and your assignees to these Terms; and (2) undertake that you fully understand and acknowledge the contents, meaning, implications and effects of these Terms. Additionally, when using a portion of the Platform or Services, you agree to conform to any applicable posted guidelines for the applicable Service. You undertake to periodically visit these Terms and all applicable guidelines for updates. You agree to be bound by these Terms and all applicable guidelines and their subsequent changes or updates. You warrant to be responsible for direct and indirect consequences your employees' use of and access to any of our Platforms or Services.

 

 

Use of our Platform!

  1. Your Warranty

    1. Empleyado assumes no responsibility whatsoever for any consequence relating directly or indirectly to any action you take, or fail to make, based on the content, information, services or other materials related to or arising from any part of these Terms, the Platforms and the Services. Empleyado does not guarantee, and will not be responsible for any damage and/or loss related to the accuracy, completeness and/or timeliness of the contents found in any part or output of the Platforms and the Services.

    2. You, your transferees, assignees, and successors, accept all parts of our Platforms and Services on an "as is" basis, without any recourse whatsoever. You release, hold free and harmless, and fully indemnify Empleyado, its subsidiaries, affiliates, parent companies, related parties, and their respective directors, shareholders, officers, employees, consultants and agents (the "Related Parties") from any and all claims, suits, actions, liabilities, losses, damages, fees, taxes, penalties, charges and expenses - of whatever nature, real, expected or inchoate (the "Damages") related to or arising from (1) any use or direct or indirect output of any part of the Platforms or the Services; and (2) these Terms and all other guidelines of Empleyado. You shall, at your own cost and expense, defend any and all proceedings or actions which may be brought against Empleyado, either alone or in conjunction with others, and shall satisfy, pay and discharge any and all judgments and fines that may be adjudged or recovered against Empleyado. You shall immediately notify Empleyado of all possible causes of the Damages which may lead to any claim or action.

    3. EMPLEYADO DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE CONTENT, INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THE PLATFORMS AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND.

    4. IN NO EVENT SHALL EMPLEYADO BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MEMBER AND/OR USER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND ANY PART OF THE PLATFORMS AND THE SERVICES WOULD NOT BE PROVIDED TO YOU IN THE ABSENCE OF SUCH LIMITATIONS.

    5. You firmly warrant that you have no current or future claim of whatever nature, expected, real or apparent, against Empleyado and its Related Parties. You unconditionally and irrevocably release, discharge and waive any and all claims and actions of whatever nature, expected, real or apparent, which you may now or in the future have directly or indirectly arising from or related to all legal relations, contracts and arrangements with Empleyado and its Related Parties, including the use or access of our products and these Terms and future revisions thereof.

  2. Description of Services and Content Policy

    1. When you access any of Empleyado's Platforms, you agree to abide by all our rules and policies (including any amendments & addendums), which you affirm to have fully read and understood. Necessarily, this includes these Terms and Conditions, Responsibilities of all Users and Members, Content Guidelines, and all other policies found in our Policies Page.

    2. You may avail of any or all of the following services of Empleyado:

      1. Recruitment

        1. Empleyado shall display advertisements of job openings that its clients submit to our system.
        2. All types of users may access these advertisements
        3. Job applications using employment date currently in the Platform may be sent through Empleyado
        4. Employers may conduct active recruitment through this service by sending interview requests and job offers
        5. Empleyado may remove and display job openings at will without need of prior notice

      2. Timekeeping (as an alternative to paper Daily Time Records) including GPS tracking

        1. Insert Terms of Services of Timekeeping (Bundy Clock?)

      3. Bills Payment

        1. Bills payment shall be limited to Empleyado's accredited third-party merchants
        2. Transactions that you may have with our third party merchants or third party online services are between you and them exclusively.
        3. Empleyado shall not, in any way be held liable for any liability, obligation, or responsibility whatsoever for any loss or damage arising from transactions with third party merchants or third party online services.
        4. Accordingly, you hereby acknowledge and agree that not being a party to such transactions, we have no control over any element of such transactions, and we have no liability to any party in connection with such transactions.

      4. Payroll Management subject to a further written contract, which may include:

        1. Computation of earnings and net pay
        2. Preparation of bank advice
        3. Preparation of pay slips
        4. Generation of accounting data to record the payroll in the Client's books
        5. Advising the amounts of withholding taxes, SSS, HDMF and PhilHealth contributions and loan repayments to be remitted to the government agencies
        6. Preparation of payroll related statutory reports
        7. Computation of the final pay of separated officers and employees
        8. Annualize gross earnings and withholding taxes
        9. Generation of payroll and related reports

          1. Empleyado shall process the regular payroll, bonuses, incentives, cycle payments and other policy-based payments that involve the calculation of earnings and allowances and deductions.

          2. The processing of the payroll will be based solely on Employer's business rules, employee master data and on information and reasonable and feasible instructions that will be provided by Employer on a timely basis. The Employer undertakes that all its rules and instructions in accordance with Philippine statutory provisions. As there is a deadline to meet, the payroll calendar timetable should be strictly followed. These information and instructions shall include, but not limited to:

            1. New Employee details
            2. Changes in employment status
            3. Changes in salary
            4. Additional officers and employees
            5. Attrition
            6. Attendance
            7. One time earnings
            8. One time deductions
            9. Deductions to be discontinued
            10. Employee claims and deductions
            11. Other earnings and deductions

          3. The calculation of taxes shall be based on the tax computation method mandated by the Employer. Information and instructions received after the cut-off date shall be included in the next processing. Should Employer require, however, that instructions received after the deadline dates be effected, a schedule of special run will be made and the time spent will be charged to Employer equivalent to the processing fee per employee.

          4. Once payroll register is reviewed and approved by Employer, Empleyado shall release online pay slips of all employees. Depending on Employer's preference, all pay slips can be emailed to respective employee emails or to the Employer's HR Manager.

          5. Reports including the accounting entries as basis for taking up the payroll transactions in Employer's books shall be provided by Empleyado.

          6. Empleyado shall check, prepare, generate and submit to Employer all the necessary reports related to payroll processing in accordance with Employer's requirements.

          7. Empleyado shall calculate the annual taxable income and payroll income taxes on employees' annual payroll at the end of the year based on information obtained from the Empleyado payroll files and on additional information and documents that will be provided by Employer (like BIR Form 2316 from previous employer of newly hired officers and employees). In this regard, Employer shall regularly submit to Empleyado information on additional taxable income and income taxes paid and deducted separately by Employer.

          8. Empleyado shall prepare the annual certificates of withholding taxes (BIR Form 2316) for each officer and employee. Employer will have to submit to Empleyado not later than January 15 of each year the name of the officer who will sign the Form 2316, and the current community tax certificate (number and date and place of issue) of the officer.

          9. Empleyado shall prepare and once approved, file with the BIR the Annual Return of Income Tax Withheld on Compensation (BIR Form No. 1604) together with the Alphabetical List of employees from whom taxes have been withheld (Alpha List) which is due on or before January 31 of each year.

          10. Empleyado shall inform Employer of the amount of withholding taxes to be paid to the BIR.

          11. Empleyado shall inform Employer of the amounts of SSS, PhilHealth and HDMF premium contributions and loan repayments to be remitted to the respective government agencies.

          12. Empleyado shall review with the Employer positions taken to ensure compliance with government requirements.

          13. Empleyado shall communicate to Employer's contact person any changes in local tax or other legal changes related to payroll

          14. Empleyado shall keep your payroll records for a period of one (1) year from the expiration of the contract, after which all files shall be disposed.

          15. Empleyado shall answer questions related to the provided services raised by Employer's officers and employees through the contact person whom Empleyado shall appoint. We will only answer queries made through the contact person.

          16. The default contact person, absent any appointment, referred to in the preceding paragraphs shall be the HR Manager of the Employer or its equivalent.

    3. Empleyado reserves the right to remove any content without prior notice. Empleyado may also suspend access to the Services if there is a violation of any of these Terms. Further, at its sole discretion, Empleyado reserves the right to decide whether any content or activity done using the Services is appropriate and complies with these Terms.

    4. You shall not misuse Empleyado's Platform and Services. For example, You shall not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.

    5. You may use our Services only as permitted by law.

    6. In connection with your use of the Services, Empleyado may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

  3. Responsibilities of All Parties

    1. You agree to follow any and all laws, rules and regulations and further agrees not to use the Services to do any harm to others.
    2. You shall be responsible for any content that it may contribute to the system.
    3. You shall not collect, disclose or use any personal information without the permission of the employee or any other person involved.
    4. You shall not send unsolicited commercial communications to other users of Empleyado. You shall, likewise, refrain from using any other form of communication to send unsolicited SPAM to any person which links to our site.
    5. You understand that Empleyado's performance is dependent upon your timely and effective performance of your responsibilities under these Terms and your timely decisions and approvals. Empleyado shall be entitled to rely on all information provided by and decisions and approvals of each user in connection with the work.
    6. You shall be fully and solely responsible for applying independent business judgment with respect to the services and work product to make implementation decisions, if any, and to determine further courses of action with respect to any matters addressed in any advice, recommendations, services, reports or other work product.

  4. The Empleyado Account

    1. An Empleyado account ("Account") is necessary in order to use our Services.
    2. The Account of the Employer may be assigned to any authorized person ("Authorized Person") or employee such as its HR Manager. The Authorized Person may make transactions in the Employer's behalf.
    3. A unique Empleyado account may be assigned to individual employees of the Employer subject to the latter's discretion.
    4. An ordinary user may obtain an account by signing up to Empleyado.
    5. To protect the Account, all users shall keep the password confidential.
    6. Each account holder is responsible for the activity that happens on or through their Account.
    7. Account holders are responsible for ensuring that their accounts are not accessed without proper authority.
    8. Empleyado strongly advises against sharing login credentials (username, email, mobile number and password) with others.
    9. All activity arising from the use of an Account's credentials will be binding on the Account holder and shall be responsible for any harm suffered by us or third parties.
    10. Any act done by the Authorized Person, even if beyond or against the instructions of the Employer, will be deemed as an act of the latter.

  5. Privacy and Copyright Protection

    1. You agree that you shall be solely responsible for obtaining the consent of your employees for the disclosure of their personal information to Empleyado and for the latter to process the said information as may be necessary to perform the Services.

    2. You shall hold free and harmless and defend Empleyado from all claims and actions arising from or related to any data or information breach or misuse, including violations of the Data Privacy Act and its implementing rules.

    3. Empleyado shall work under the assumption that you have been able to obtain the necessary waiver and consent the collection, transfer, processing, and storage of each of the employee's data.

    4. Any liability arising from the lack of proper consent for the collection, transfer, processing, and storage of data shall be assumed by you.

    5. Empleyado's privacy policies explain how we treat your data, which include personal information of its employees, and protect its privacy.

    6. By using our Services, you agree that Empleyado can use such data in accordance with our Privacy Policies.

    7. All information that you provide us, may be collected and processed internally, or by authorized third parties. Also, by using our services, you consent to the collection, transfer, processing and storage of information we collect whether done within or outside of the Philippines. Empleyado's actions concerning your personal information will be guided by the following Privacy Policy:

      1. We value your privacy. Rest assured that the information you provide when you use our websites and related applications will be collected and used in the manner stated in this Policy.

      2. The information we collect depends on the type of user.

        1. If you are an ordinary user, you may provide us with the following:

          1. Log in Information
          2. Information on how you use our service (e.g. duration of use)
          3. Browser cookies
          4. Web Beacons
          5. IP Address
          6. Operating System Version
          7. Device Settings
          8. Hardware Model
          9. Device Identifiers
          10. Subscriber Identity Module number for some mobile devices
          11. Employment history

        2. If you are an Employee granted access by an Employer, you may provide us with the following:

          1. Log in Information
          2. Information on how you use our service (e.g. duration of use)
          3. Browser cookies
          4. Web Beacons
          5. IP Address
          6. Operating System Version
          7. Device Settings
          8. Hardware Model
          9. Device Identifiers
          10. Subscriber Identity Module number for some mobile devices
          11. Employment history
          12. 201 File obtained from your Employer

        3. If you are an Employer, you may provide us with the following:

          1. Log in Information
          2. Information on how you use our service (e.g. duration of use)
          3. Browser cookies
          4. Web Beacons
          5. IP Address
          6. Operating System Version
          7. Device Settings
          8. Hardware Model
          9. Device Identifiers
          10. Subscriber Identity Module number for some mobile devices
          11. 201 files of Employees
          12. Payroll Information
          13. Company Information
          14. All documents relating to Payroll Management including those needed for filing Tax Returns as a withholding agent

      3. All information that you provide us, including information you post in the site, may be collected and processed internally, or by authorized third parties. Also, by using our services, you consent to the collection, transfer, processing and storage of information we collect whether done within or outside of the Philippines. We assure you that our actions concerning your personal information will be guided by this Privacy Policy.

      4. Purposes for Information. The information you provide us may be used in any of the following manner:

        1. Communications Services - To provide communications services to our members.

          1. Empleyado may send emails including important updates, reminders, and anything else that may be relevant to its Services.
          2. Empleyado send additional announcements about products, services, and newsletters
          3. You may opt not to receive these types of communications.
          4. Empleyado may give access to your account name and contact details to other users when using our Recruitment Services.

        2. Product Improvement

          1. To improve our products and services and to develop new ones.
          2. To enhance the search results of our Recruitment Services

        3. Expanded Data Segmentation

          1. Connect behavioral data on our platform with your profile and demographics
          2. Extract patterns of behavior based on the profiles we can identify from the information you have given us.

      5. Necessary to Protect Legitimate Interests. The information we collect may also be shared, transferred and disclosed when this is necessary:

        1. To protect the rights and interests of Empleyado, business partners, customers or third parties, as may be required and permitted by law;
        2. To detect, prevent and address fraud and other illegal activity; and
        3. To pursue your legitimate interests, as may be required or permitted by law.

      6. Market analysis. The information we collect may be used for assessment, record keeping, market analysis, and generation of reports.

      7. Information Sharing. Subject to applicable law, we may share, preserve, transfer, and disclose the information we collect, to the following:

        1. Companies that form part of our group of companies, to enable them to offer or improve their respective services or products;
        2. Services providers that help us provide our services, to the extent needed to perform their duties and their functions,
        3. Government authorities, in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that we are required to do so under the law.

  6. Software in our Services

    1. The Platforms used by Empleyado may update automatically on your device once a new version or feature is available.

    2. Empleyado shall not be responsible for errors or compatibility issues arising from hardware and network used by you or any other person the latter may wilfully or negligently grant access to.

  7. Indemnity

    1. You agree to defend, indemnify and hold harmless Empleyado, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Platform and/or the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Platform.

    2. You acknowledge and agree that all information communicated to each other in connection with the performance of the Services under this engagement shall be received in confidence, shall be used only for purposes of this engagement, and that no such confidential information shall be disclosed by any user or Empleyado, without prior written consent, except as may be necessary by reason of law or regulatory requirements.

    3. You acknowledge and agree that mistakes or omissions in providing Payroll Management Services may result from your acts or failure to act. In the event of a mistake resulting in overpayment of statutory payments and is attributable to you, you and Empleyado will cooperate with each other and will use reasonable efforts to correct such mistake in the immediately following submissions to prevent its recurrence.

    4. Neither you nor Empleyado shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, labor strikes, riots, rebellions, accidental explosions, earthquakes, tire, floods, storms, power failure, acts of God and similar occurrences. The party claiming such force majeure condition shall notify the other as promptly as practicable after such party becomes aware of the occurrence of such force majeure condition. If there is any such delay, then the periods for the completion of the parties' respective obligations hereunder shall be automatically extended by the period of such delay. In every case, the party claiming excusable delay shall exercise all reasonable efforts to mitigate the extent of such delay or failure.

    5. The maximum liability of Empleyado to you relating to the performance of the Services under these Terms (regardless of form of action, whether in contract, negligence or otherwise) shall be limited to the fees paid by you to Empleyado for the portion of its services or work products giving rise to the liability.

    6. In no event shall Empleyado be liable for consequential, special, incidental, or punitive loss, damage or expense (including, without limitation to lost profits, opportunity costs, etc.) even if it has been advised of their possible existence.

  8. Intellectual Property Rights

    1. You acknowledge and agree that the materials on the Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Empleyado, and are subject to copyright and other intellectual property rights under Philippine laws, foreign laws and international treaties and/or conventions. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Services are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Empleyado reserves all rights not expressly granted herein to the Services and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Services for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Services or the Materials therein. The Services is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Services, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Services, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy content or Materials from the Services, and agree to abide by any and all copyright notices and other notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.

  9. Others

    1. No Spam Policy. You acknowledge and agree that from time to time Empleyado may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Empleyado e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Services and the Platform may be used only in accordance with the Terms. Any unauthorized use of Empleyado computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

    2. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Any assignment or transfer by you without the express written consent of Empleyado shall be null and void.

    3. Complete Agreement. These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and Empleyado and govern your use of the Services and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

    4. Governing Law. The Terms and the relationship between you and Empleyado shall be governed by the laws of the Philippines. Any claim you may have against Empleyado must be submitted to the exclusive jurisdiction the courts of Pasig City, Philippines.

    5. No Waiver. The failure of Empleyado to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

    6. Separability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.