Notice and Takedown Policy
Workday, Inc. and its affiliates (“Workday”, “we”, “us”, “our”) respect the intellectual property rights of others and we ask that all persons or entities do the same when using any of Workday’s products, services, websites and forums (collectively, the “Workday Platforms”). In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users of the Workday Platforms who repeatedly infringe the intellectual property rights of others or the ability of those users to provide further content on or through the Workday Platforms.
2. What do I do if my copyright has been infringed?
If you believe that your copyrighted work, or the copyrighted work of someone you are authorized to represent, has been made available on or through the Workday Platforms without authorization, or that any content made available on or through the Workday Platforms infringes your copyright, you should notify us in accordance with the procedure below. Notwithstanding the foregoing, customers are solely responsible for the content they upload to the Workday Service, and we accept no obligation to monitor, review, filter, moderate or remove any customer content from the Workday Service. Nevertheless, we reserve our right to take any such actions as we deem necessary in our sole discretion.
3. Reporting Claims of Copyright Infringement
3.1. If you discover any content on the Workday Platforms that you believe infringes your copyright, please provide notice to us in writing including the following information:
(a) a statement that you have identified content on the Workday Platforms that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
(b) a description of the copyrighted work that you claim has been infringed, or if your claim involves multiple of your copyrighted works, a representative list of such copyrighted works;
(c) a description of the content that you claim is infringing and details of where on the Workday Platforms the content that you claim is infringing may be found so that we can verify its existence (including a URL where possible);
(d) your contact information including your full name, address and telephone number and a valid email address on which you can be contacted;
(e) a statement by you that you have a good faith belief that the disputed use of the content is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you that the information in your notice is accurate;
(g) a declaration, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of the exclusive copyright that is allegedly infringed; and
(h) your electronic or physical signature (which may be a scanned copy if your notice is sent via email).
Please also see Section 512(c)(3) of the DMCA for the requirements of a proper notice. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective.
3.2. Your notice should be sent to us or our designated copyright agent by email to email@example.com or by mail to the following address:
6110 Stoneridge Mall Road
Pleasanton CA 94588 USA
3.3. Please only inform us of genuine claims of copyright infringement. You may be held liable for damages (including costs and attorneys’ fees) if you make an unsubstantiated claim.
3.4. In accordance with the DMCA, once a notice containing the required information is received by our designated copyright agent, it is our policy:
(a) to remove or disable access to the allegedly infringing content;
(b) to notify the alleged infringing user that access to the material has been disabled or the material has been removed; and
(c) that repeat offenders will have the infringing material removed from the system and the offender’s ability to add Customer Content to the Workday Service may be terminated.
4. Counter Notice Procedure
4.1. If you believe that your content that was removed or to which access was disabled is either not infringing, or you believe that you have the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, you may send a counter notice.
4.2. The counter notice must contain the following information:
(a)a statement that you have identified content on the Workday Platforms that you believe has been removed or to which access to has been disabled as a result of mistake or a misidentification of the content;
(b) identification of the content that has been removed or to which access to has been disabled and the location at which the content appeared before it was removed or disabled;
(c) your contact information including your full name, address and telephone number and a valid email address at which you can be contacted;
(d) a statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
(e) a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if such address is located outside the United States, for any judicial district in which the Workday Platforms may be found, and that you will accept service of process from the person (or the agent of the person) who provided Workday with notice under Section 3 of this policy regarding your content; and
(f) your physical or electronic signature.
4.3. Your counter notice should be sent to us or our designated copyright agent by email to firstname.lastname@example.org or by mail to the following address.
6110 Stoneridge Mall Road
Pleasanton CA 94588 USA
4.4. If your counter notice is received by our designated copyright agent, we will send a copy of the counter-notice to the original complaining party informing that person that we will replace the content that we removed or ceased making available. Unless the original complaining party files an action seeking a court order against you within ten (10) business days of receiving the copy of your counter notice, we will restore the removed or disabled content at our discretion. If you knowingly materially misrepresent that content on the Workday Platforms was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you have any questions about this policy, please contact us at email@example.com. For questions related to our trademarks, please see our Trademark Usage Guidelines or e-mail firstname.lastname@example.org.
(Last updated: October 18, 2022)