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Zscaler Training Services Terms of Use
Last Updated: September 1, 2022 (the “Effective Date”)
Welcome to the Zscaler, Inc. (“Zscaler”) online training platform (“Training Services”), where you (“You” or “Your”) will be able to access Zscaler’s library of training courses (“Courses”) for Zscaler products and services (“Zscaler Products”). For the purposes of these Training Services Terms of Use, the Courses and Materials (as defined below) are deemed to be part of the Training Services.
By accessing and using the Training Services in any way, You agree to be bound by these Training Services Terms of Use and all other policies or notices posted by Zscaler through the Training Services or referenced herein (collectively, the “Terms”). These Terms govern Your initial access to the Training Services and any subsequent order of Courses You make via any ordering document, online registration, order description, or order confirmation referencing these Terms (“Order”). For the avoidance of doubt, use and provisioning of the Zscaler Products are subject to separate terms, such as the Zscaler End User Subscription Agreement, and these Terms do not apply to the use of or access to the Zscaler Products.
These Terms may be periodically updated. Your continued use of the Training Services after revised Terms have been posted constitutes your acceptance of its terms.
Definitions
1.1 “Enrollment” means to register for a specific Course as part of the Training Services.
1.2 “Education Credit Code” means the alphanumeric code, provided by Zscaler as part of the Order Confirmation, that is entered into the Zscaler Training Portal in order to access Training Services.
1.3 “Onsite” means a live, instructor-led course (virtual or in-person), that is available only to a particular customer.
1.4 “Order Confirmation” means an e-mail from [email protected] containing the list of Education Credits ordered along with an Education Credit Code to be used to access the Zscaler Training Portal.
1.5 “Open Enrollment” means a live, instructor-led course (virtual or in-person), that is available to the general public.
1.6 “Term” means the twelve (12) month period beginning on the date of Order Confirmation.
1.7 “Education Credits” means a store of monetary value to be used to exchange for Training Services.
1.8 “Zscaler Privacy Policy” means the policy located at https://www.zscaler.com/privacy-compliance/privacy-policy.
1.9 “Zscaler Academy” means the following site https://customer.zscaler.com/page/zscaler-academy.
1.10 “Zscaler Training Website” means the following site https://training.zscaler.com.
Eligibility
If You are accessing or using the Training Services on behalf of Your company, You represent and warrant that (i) You are authorized to accept these Terms on behalf of Your company, and all references to “You” or “Your” will also refer to your company; (ii) your company has not previously been suspended or removed from the Training Services; and (iii) You are at least 18 years of age. Any use of or access to the Training Services by anyone under the age of 13 is prohibited.
Changes to the Training Services
In an effort to continually improve the Training Services and its usefulness, Zscaler may add additional services or make changes to the existing services. In such an event, these Terms shall apply to the new services and to any changes to existing services.
Fees, Payment, and Taxes
The fees for the Education Credits are based on the list price of a single Education Credit as shown on the Zscaler Training Website. You are responsible for paying all fees for Courses You purchase as set forth in the applicable Order. You are required to pay any sales, use, GST, value-added, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on our income. If Your payment method fails or Your account is past due, Zscaler may collect fees using other collection mechanisms. Fees may vary based on Your location and other factors, and Zscaler reserves the right to change any fees at any time at our sole discretion. Any fee change will be effective immediately upon posting on the Zscaler Academy.
Zscaler uses a third-party provider to process any payments and the terms of such third-party provider will apply to any payment(s) You make for the Training Services. If You are purchasing the Education Credits via credit card, the payment terms applicable to the Education Credits shall be as separately agreed between You and Your credit card company.
Upon receiving confirmation of payment from the third-party provider, You will receive an e-mail from Zscaler containing an Education Credit Code for Your Education Credits to the e-mail address You provided when ordering. This Education Credit Code is used to create accounts on the Zscaler Academy. For assistance You can contact [email protected].
For U.S. locations: Zscaler will collect and remit sales tax to states where it is registered for sales and use tax. If You are located in states where training is taxable, Your state and/or local government may require You to report Your purchase and pay appropriate sales/use tax amounts to them directly.
For non-U.S. locations: Zscaler is not registered for VAT, GST or consumption tax.
Training Services
5.1 Registration. Access to the Training Services requires online registration. You will be asked to provide information about yourself and Your business entity, such as name, email address, and physical address. When accessing the Training Services, You are entirely responsible for maintaining the confidentiality of Your password and account and for any and all activities that occur under Your account. You agree to immediately notify Zscaler of any unauthorized use of Your account or any breach of security of which You become aware. You may be held liable for losses incurred by Zscaler or any other user of or visitor to the Training Services due to the use of Your username, password, or account by another person. You may not use anyone else’s username, password, or account without the account holder’s express consent. Zscaler cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. Access to the Training Services is granted at Zscaler’s sole discretion and may be revoked at any time.
5.2 Access to the Training Services. You may access the Zscaler Academy to view the Courses You have purchased, but solely for Your own benefit and in accordance with these Terms. You acknowledge that Zscaler may use Your personal data (as defined under applicable laws), including for registration for Courses, in accordance with our Privacy Policy and that such personal data is processed and stored in the United States, the European Economic Area (EEA), and in other countries and territories. You will ensure that Your use of the Training Services and all User Content (as defined below) is at all times in compliance with all applicable laws.
5.3 Materials. Courses may include supplementary materials that may access online, including Course descriptions, toolkits, and other written materials designed to supplement Your training (“Materials”).
5.4 General Restrictions. You will not (and will not permit any third party to): (a) rent, lease, sell, provide access to or sublicense the Training Services to any third party; (b) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Training Services; (c) use the Training Services to provide any product or service to a third party; (d) copy or modify the Training Services, or create any derivative work from any of the foregoing; (e) publicly disseminate information regarding the performance of the Training Services; or (f) remove or obscure any proprietary or other notices contained in the Training Services.
5.5 Courses. Information on the different types of Courses You may order is available at the Zscaler Academy, which is hereby incorporated into these Terms. The Courses may be delivered in any one or a combination of the following delivery methods: (a) Zscaler training centers, (b) through live instructor-led virtual training, (c) customer sites, or (d) self-paced online video training. Zscaler reserves the right to change delivery methods prior to the redemption of Education Credits for a particular Course. Registration for all Courses is subject to space availability. Open Enrollment Courses are established by Zscaler based on the Zscaler training center capacity, and the ratio of instructors to students, to be determined by Zscaler at its sole discretion. The size limits for onsite Courses will vary based on available resources, to be determined by Zscaler at its sole discretion. Minimum duration requirements for onsite Courses are dependent on regionally available resources and are determined by Zscaler at its sole discretion.
5.6 Education Credits. Education Credits may be redeemed to register for Courses available at the time of redemption. All Courses must be registered for and attended during the Term. Course schedules and prices may be obtained from the Zscaler Academy and/or Zscaler Training Website. Education Credits may also be redeemed to pay for onsite Courses, which are separately scheduled with Zscaler, within the Term.
The redemption value of Education Credits is based on the three hundred-dollar ($300.00 USD) list price of a single Education Credit. The number of Education Credits required for each Course is published on the Zscaler Academy and/or Zscaler Training Website.
Education Credits are valid for the Term and must be redeemed for Courses which occur in that Term. All Courses ordered, registered for, or attended on Your behalf will incur the appropriate reduction in Education Credits equal to the value of such Courses, and up to but not to exceed the total Education Credit balance remaining. Education Credits cannot be used as partial payment for any Courses if the applicable fees for a Zscaler training course is greater than the unused Education Credits remaining. The Education Credits are non-transferable and may only be used by You and, as applicable, Your individual employees or independent contractors while acting in such capacity
5.7 Change Requests, Rescheduling, and Cancellation. For all Courses, You must contact [email protected] to request the cancellation or rescheduling of the Course for which Education Credits have been redeemed, at least ten (10) business days prior to the scheduled Course start date. Any change approved within ten (10) days of the scheduled Course start date may be subject to administrative fees, which may result in the deduction of Education Credits from Your account.
Zscaler reserves the right to reschedule or cancel any Course(s) due to low enrollment or if necessitated by other circumstances. Zscaler will notify You by email at least ten (10) business days prior to the applicable Course start date. Once You are notified by Zscaler, You may reschedule at such time. Zscaler shall not be liable for non-refundable travel arrangement expenses if a Course is rescheduled or cancelled. If Zscaler cancels a Course and needs to reschedule it past the end of the Term of Your Education Credits, You may use the applicable Education Credits for such rescheduled Course within ninety (90) days past the end of the Term.
5.8 Errors and Availability. Zscaler is not responsible for any errors or delays in transmission that may occur prior to the receipt of the transmission by Zscaler. Access to the Training Services may be unavailable without notice at certain times. Zscaler is not liable for any damages that may result from such unavailability.
Ownership and User Content
6.1. Ownership. All text, data, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code (collectively "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and the arrangement of such Content, contained in the Training Services is owned, controlled by, or licensed to Zscaler. All Content is protected by trade dress, copyright, patent, or trademark laws or other intellectual property rights and unfair competition laws. In no way does Your use of the Portal give You any right, title, or ownership to Zscaler’s intellectual property other than the limited use set out in the Limited License section of these Terms. You agree not to copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means Content without the prior express written consent of Zscaler and/or the appropriate owner. Also, You may not "mirror" any Content contained in the Training Services or any other server without Zscaler’s express prior written consent.
6.2 Limited License. Zscaler hereby grants You a limited, non-exclusive, nontransferable, non-sublicensable license to access and make personal use of the Training Services and the Content in accordance with these Terms, but not to modify it, or any portion of it, except with express written consent of Zscaler. This license does not include any resale of the Training Services or the Content, any derivative use of the Training Services or the Content, or any use of data mining, robots, or similar data gathering and extraction tools. Zscaler (and/or its direct and indirect (through one or more intermediaries) parent entities, subsidiary entities and/or affiliated entities and/or the respective third-party owners of Content) retains all right, title, and interest in the Training Services and any Content, features, Products and Services offered in the Training Services, including any and all intellectual property rights. Zscaler (or the respective third-party owners of Content) reserves all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Zscaler. You agree You will not send or store infringing or unlawful material through the Training Services, provide personal data to Zscaler or enter, import or store personal data in the Portal except as expressly requested by Zscaler (for example, employee name(s) and email addresses), violate the privacy of any third party (such as by uploading or transmitting another person’s personal data without consent, permission or due authorization), or use the Training Services to harass, abuse, threaten, or incite violence towards any individual or group.
6.3 Posting of Your Data
Any information You upload or transmit to Zscaler via the Training Services, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, or prospective customer information including name(s), email addresses and other profile-related information, is deemed to be “Your Data”.
You represent and warrant that You have appropriate and applicable consents, permission and authorizations to upload or transmit all Your Data, including any of Your Data that constitutes personal data (as defined under applicable law).
You grant to Zscaler the worldwide, perpetual, irrevocable, royalty-free right and license to (i) use Your Data for Zscaler’s business purposes, including to perform its rights and obligations under this agreement, and for purposes of disclosure, solicitation, transmission, publication, broadcast and posting; and (ii) use any ideas, feedback, concepts, know-how, or techniques contained in any communication You send to Zscaler via the Training Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information; and (iii) collect, store, access, distribute, sublicense, modify and use aggregate or anonymized data derived from Your Data in connection with Zscaler (and its affiliates) business operations, such as to improve the Training Services, to operate related programs , and to improve its products and services; provided that in all cases such right is subject to the section below on Privacy and Data Protection, and the terms of Zscaler’s Privacy Policy with respect to any of Your Data that constitutes personal data and/or Your confidential business information.
Privacy and Data Protection
Zscaler respects privacy and protects personal information it may receive in accordance with the Zscaler Privacy Policy.
To the extent such information includes Personal Data (as defined below), such data is being collected and shared for purpose of a legitimate business interest between You and/or Zscaler. Each party will comply with all applicable laws, including data security and privacy laws, and each party represents and warrants to the other that appropriate measures are in place to protect such data.
In the event either You or Zscaler receives Personal Data relating to a California resident through the Training Services, each party agrees to comply with the California Consumer Protection Act and its amendments (“CCPA”).
In the event either You or Zscaler receives Personal Data that originates in the EEA, UK, and/or Switzerland through the Training Services (“Lead Personal Data”), each party agrees to abide by the Data Privacy and Security Terms set forth below in Appendix 1 hereto.
Rewards
Upon accessing the Training Services, You may receive rewards for completing training courses according to the terms below. Subject to these Terms and applicable laws, You will be able to accrue “points” that can be redeemed for reward(s) once confirmed by Zscaler. Rewards will be featured at various price points and in limited quantities. The approximate retail values of rewards are subject to change based on current market conditions at the time of reward redemption. You are not entitled to any surplus between the actual retail value (“ARV”) of a reward and stated ARV and any difference between stated ARV and actual value of the reward will not be awarded. No substitution, assignment, transfer, or cash redemption of any reward is allowed. Zscaler reserves the right to substitute a reward with another reward of equal or greater value should the advertised reward become unavailable for any reason. If applicable, rewards may be fulfilled in the form of voucher(s), coupon(s) and/or gift card(s) in Zscaler’s sole discretion. If You are unable to participate in or accept a reward or any portion of a reward for any reason, Zscaler shall have no further obligation to such You. Zscaler will not replace any lost or stolen rewards after redemption by You. In no event will Zscaler be responsible for fulfilling more than the stated number of rewards. You acknowledge and agree that rewards are available in limited quantities and reward type and availability are subject to change at Zscaler’s sole discretion. Zscaler shall have no obligation or liability to You for any changes made to reward type or availability.
Taxes, if any, are Your sole responsibility and You may be issued an IRS Form 1099 or other tax documentation for the ARV of any redeemed reward. By participating in the Training Services, You agree to release and hold harmless Zscaler and its directors, employees, officers, licensees, licensors and agents, and any person or entity associated with the administration of the Training Services (collectively, the “Released Parties”), from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and damage to property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of a reward, or their participation in the Training Services, or their participation in any Training Services or reward related activity. You acknowledge that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any reward or the Training Services. All costs and expenses, including support services, not specifically listed above as part of the reward, are solely Your responsibility.
Anti-Corruption/Anti-Bribery
You represents and warrant that You, your company, its affiliates, and all their subcontractors and agents, and each of their owners, directors, employees and every other person working on their behalf, has not and will not, in connection with the transactions contemplated by these Terms or in connection with any other business transaction involving Zscaler or Zscaler products, (i) make, offer, give or promise to make any payment or transfer anything of value, directly or indirectly: (a) to any governmental official or employee (including employees of government-owned and government-controlled corporations and public international organization); (b) to any political party, official of a political party or candidate; or (c) to any intermediary for payment to any of the foregoing; or (ii) make, offer, give or promise to make or request, accept or agree to receive any payment or transfer anything of value, directly or indirectly to any other person or entity to induce such person or entity to improperly perform a relevant function or if such payment or transfer would violate the laws of the country in which it is made or the laws of the United States, the UK Bribery Act or Swiss law. It is the intent of the parties that no payments or transfers of value shall be made or received which have the purpose or effect of public or commercial bribery, acceptance of or acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining business. For the purposes of these Terms, the term “governmental official” means any officer or employee of any government department, agency or instrumentality, or of any government-owned or government-controlled corporation or any public international organization, or any person acting in an official capacity for or on behalf of any such government-owned department, agency or instrumentality, or any government-controlled corporation or public international organization. You represent and warrant that no employee, officer, director, or indirect owner of Yours is a government official, political party official or candidate or, if an immediate family member of such an official or candidate, were not hired to influence the official or candidate. You shall immediately disclose to Zscaler any change in the information contained in this paragraph.
Confidentiality
The Training Services and all Content within contains non-public confidential and proprietary information of Zscaler, including but not limited to future product information, marketing plans, financial and other business information and information which, although already in the public domain can be regarded as confidential by virtue of its inclusion in the unique compilation or configuration of this website ("Confidential Information").
By accessing the Training Services, You agree to keep all Confidential Information strictly confidential, using at least the same degree of care as for Your own confidential information, but no less than a reasonable degree of care. Notwithstanding the foregoing, these Terms impose no obligation on You with respect to Confidential Information which: (i) was known to You before receipt from Zscaler; (ii) is or becomes publicly available through no fault of You; (iii) is rightfully received by You from a third party without a duty of confidentiality; (iv) is independently developed by You without any breach of these Terms; or (v) is disclosed by You with Zscaler ´s prior written approval. Should You be required by a government body or court of law to disclose Confidential Information, You agree to give Zscaler reasonable notice so that Zscaler may contest the disclosure or seek a protective order.
You acknowledge that damage caused by the improper disclosure of Confidential Information would be irreparable and in the event of disclosure other than as permitted under these Terms, Zscaler is entitled to equitable relief, including injunction and preliminary injunction, in addition to all other remedies.
The foregoing responsibilities will last during the term You are registered for Training Services and three (3) years thereafter. Upon termination of Your use of the Training Services or upon Zscaler´s written request at any time, You will promptly return all Confidential Information received from Zscaler, together with all copies, or certify in writing that all such Confidential Information and copies thereof have been destroyed.
Links to the Third Party Websites
The Training Services may contain hyperlinks to other sites owned and operated by parties other than Zscaler. Such hyperlinks are provided only for ready reference and ease of use. Zscaler does not control such websites and cannot be held responsible for their content or accuracy and does not endorse these sites unless Zscaler specifically so states. In the event the Training Services provides hyperlinks to other websites that are not owned, operated, or maintained by Zscaler, You acknowledge and agree that Zscaler is not responsible for and is not liable for the content, products, services or other materials on or available from such websites.
Disclaimer
Content and other information contained in the Training Services have been prepared by Zscaler as a convenience to You and are not intended to constitute advice or recommendations upon which You and may rely. Zscaler has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the timeliness, accuracy, completeness, or adequacy of the Content or other information contained in or linked to in the Training Services.
USE OF THE TRAINING SERVICES IS AT YOUR SOLE RISK. THE TRAINING SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND ZSCALER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED AS TO THE OPERATION OF THE TRAINING SERVICES AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. ZSCALER MAKES NO WARRANTY THAT THE CONTENT IS AVAILABLE, ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT ZSCALER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ZSCALER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE TRAINING SERVICES, OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE TRAINING SERVICES, OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE TRAINING SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE ZSCALER AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE TRAINING SERVICES.
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions or limitations may not apply.
Indeminification
To the fullest extent permitted by applicable law, You agree to defend, indemnify, and hold harmless Zscaler, its direct and indirect (through one or more intermediaries) parent entities, subsidiary entities and affiliated entities and its or their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys fees and litigation expenses) relating to or arising from these Terms, Your use of the Training Services, Your fraud, violation of law, or willful misconduct, and any breach by You of these Terms.
Term and Termination
15.1 Term. You agree that You are purchasing the Education Credits for the Term.
15.2 Termination. Zscaler may suspend or terminate Your access to the Training Services and/or cancel the validity of the Education Credits without prior written notice: (i) for any breach of these Terms or any other agreement related to Your use of the Training Services, or (ii) for any attempt to impair the integrity of the Training Services. In addition, Zscaler, in its sole discretion, may terminate these Terms, Your access to the Training Services, or any related program in whole or in part, for all participants, or for You alone, without cause, upon 24 hours written notice.
15.3 Effect of Termination. Upon termination of these Terms, the license and rights granted hereunder shall terminate completely and You shall cease to use the Training Services and shall promptly delete all tangible copies of the Confidential Information in Your possession. All confidentiality obligations will survive for three (3) years after termination. There is no refund for unused Education Credits upon termination of these Terms for Your breach. Subject to Section 5.7, at the end of the Term, any unused Education Credits remaining shall expire and shall be forfeited and no refunds shall be provided.
15.4 Survival. The following Sections will survive any expiration or termination of these Terms: 2 (Fees and Payment), 3.3 (General Restrictions), 4 (Ownership and User Content), 5 (Term and Termination), 6 (Warranty Disclaimer), 8 (Limitation of Remedies and Damages), 9 (Indemnity), and 12 (General Provisions).
Support
If You have any support inquiries regarding the Training Services, please contact Zscaler via email at [email protected] and/or via the “Training and Certification” forum in the Zscaler Community available at https://community.zscaler.com.
Export Compliance
The Training Services may be subject to United States export control and economic sanctions laws and other foreign trade controls. You agree to comply with applicable laws in connection with Your performance hereunder, including without limitation, applicable U.S. and foreign export controls, economic sanctions, and other trade controls.
General Provisions
Entire Agreement. These Terms and any other terms referenced herein constitute the entire agreement between You and Zscaler in connection with Your use of the Training Services and supersede any prior agreements between You and Zscaler regarding the use of the Training Services, including prior versions of these Terms.
Modifications. Zscaler reserves the right to change, modify, supplement or update these Terms at any time without prior notice by posting the changes, modifications, supplements or updates on the Training Services. Your continued use of the Training Services constitutes Your acceptance of these changes, modifications, supplements or updates.
Relationship of the Parties. Neither these Terms, nor any Content, materials, features, or products and services of the Training Services create any partnership, joint venture, employment or other agency relationship between You and Zscaler. You may not enter into any contract on behalf or bind Zscaler in any way.
No Assignment. You may not assign these Terms or any benefits to any third party without Zscaler‘s prior written consent.
Notices. All notices required to be sent hereunder shall be in writing, addressed to receiving party’s current business contact, if known, with a cc: to the Legal Department of the receiving party, and sent to the party’s address as listed in the Order, or as updated by either party by written notice. Notices shall be effective upon receipt and shall be deemed to be received as follows: (i) if personally delivered by courier, when delivered; or (ii) if mailed by first class mail, or the local equivalent, on the fifth business day after posting with the proper address.
Remedies. You agree that any violation or threatened violation by You of these Terms constitutes an unlawful and unfair business practice that will cause Zscaler irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to Zscaler obtaining any injunctive or equitable relief that Zscaler deems necessary or appropriate. These remedies are in addition to any other remedies Zscaler may have at law or in equity.
Publicity. You acknowledge and agree that Zscaler may use the Training Services for publicity, advertising or other marketing purposes in any media, and may use the name, likeness, and state of residence and/or reward information of You as part of that publicity, without additional compensation to You.
Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby.
Governing Law and Jurisdiction. These Terms are governed by the laws of California, without regard to conflict of law provisions. Any legal proceedings arising from, out of or relating to these Terms shall be submitted exclusively to the jurisdiction of the competent courts in San Jose, California.
Appendix 1: Data Privacy and Security Terms
These terms apply to the extent that personal data that relates to an identified or identifiable natural person including (without limitation) names, addresses, email addresses, telephone numbers, user IDs, passwords, other identification numbers, and financial information, submitted and shared through the Training Services by You for the purposes of providing the Training Services, (“Personal Data”).
You and Zscaler will comply with applicable data protection legislation in processing Personal Data, including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) of the European Parliament and of the Council and its amendments (“GDPR”).
Zscaler Obligations with respect to Personal Data:
Use of Information Collected. Zscaler uses the information collected to ensure the proper operation and administration of the Training Services, to facilitate any related program, to provide any operations or support to You, and to make future improvements to the Training Services, related programs and services. Zscaler may also collect aggregated and/or statistical data reflecting Your use of the Portal; provided that Zscaler only uses such aggregated and/or statistical data for tracking, reporting and other activities in connection with Zscaler’s business, and in accordance with the Zscaler’s Privacy Policy.
Safeguards. Zscaler has implemented appropriate technical, administrative, physical and organizational measures to adequately safeguard and protect the security and confidentiality of Personal Data against accidental, unauthorized or unlawful destruction, alteration, modification, processing, disclosure, loss, or access. These measures include SSL encryption and a variety of other security technologies and procedures, further described in the Zscaler Privacy Policy.
Location and Subprocessors. You and Zscaler acknowledge that applicable data protection legislation permits a controller to provide the processor a general written authorization for sub-processing. Accordingly, You provide a general authorization to Zscaler, pursuant to Clause 11 of the Standard Contractual Clauses and Article 28(2) and (4) of the GDPR, to engage sub-processors (“Sub-processors”) to enable Zscaler to provide the Training Services. For purposes of clarity, Sub-processors may include Zscaler affiliates. In providing the Training Services, Zscaler will engage with Zscaler affiliates and Sub-processors to process Your Data, including any associated Personal Data, in accordance with these Terms and the Zscaler Privacy Policy. Zscaler and its affiliates, and its Sub-processors have the right to access your account within the Training Services and to use, modify, reproduce, distribute, display and disclose Your data to the extent necessary to provide or improve the Training Services (e.g. support requests responses) and associated services. Access to third party Sub-processors will only be given if reasonably necessary to provide the Training Services and associated services and will be subject to reasonable confidentiality obligations and obligations to comply with the data transfer restrictions applicable to Personal Data outlined herein. Information regarding Zscaler’s current Sub-processors, including their location and services provided (the “Sub-processor List”), can be found at the following link: https://www.zscaler.com/legal/subprocessors. This Sub-processor list may be updated by Zscaler from time to time
Sharing of Data. Zscaler will not sell, rent, or lease any user registration data associated with the Training Services. Zscaler may, however, share aggregated and anonymized information regarding Your use of the Portal, combined with data from other users and third parties, with third parties as described in the Zscaler Privacy Policy. Zscaler never discloses aggregated and/or anonymized information to a third party in a manner that would identify You as the source of the information or Your agents or authorized users personally, as an individual.