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Terms & conditions of the Calibrae Virtual Learning Environment

On this page, we define the Terms & Conditions of using the Calibrae Platform, our Platform License Plans, our Security Policy and our Privacy Policy, including a detailed look at how we use your data.

Terms & Conditions
Platform License Plans
Security Policy
Cookie Policy
Service Level Agreement
Privacy Policy - Knowing your data and what we do with it
Data Governance - how we manage it
Data Protection Officer
Data Protection Impact Assessments
Data incidents and how they will be handled
Data retention - what happens to your data if you close your account
GDPR training for Calibrae staff
Calibrae data breach risk assessment
DSARs - how to request access to your data and how we handle such requests
Correcting errors in your data, and how to make a correction
Data erasure - how to request it and what we do

Terms & Conditions

1. Acceptance of our Terms

By visiting this website, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to this site, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of this site. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and this site and that your use of this site shall indicate your conclusive acceptance of this agreement.

2. Provision of Services

You agree and acknowledge that this site is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that this site is entitled to provide services to you through subsidiaries or affiliated entities.

3. Proprietary Rights

You acknowledge and agree that this site may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

4. Termination of Agreement

The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.

5. Disclaimer of Warranties

You understand and agree that your use of this site is entirely at your own risk and that our services are provided "As Is" and "As Available". Except where specifically provided in contract, this site does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of this site website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

6. Limitation of Liability

You understand and agree that this site, Calibrae Learning Ltd and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not this site has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of this site is limited to the greatest extent permitted by law.

7. External Content

This site may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that this site is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

8. Jurisdiction

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by this site to resolve any legal matter arising from this agreement or related to your use of this site. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

9. Changes to the Terms

This site reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of this site after any changes to Terms will signify your agreement to be bound by them.

10. Sharing of sign-in credentials

You understand and agree that each user in your organization and in your customer organizations who access your site must do so with their own unique sign-in credentials. Sharing sign-in credentials between multiple users is in breach of the terms & conditions of this platform and is forbidden.

11. Software Licenses

This site utilizes software permitted by the licenses under which they are released. Such licenses include but are not limited to:

MIT License

12. Site Payment Cancellation

Payment arrangements for a Calibrae site can be canceled at any time. Payment arrangements can be canceled by the site administrator from the site admin page or by request to Calibrae support (contact@calibrae.zendesk.com). The action of canceling payment reverts the site to the free trial arrangement where full site features will still be available but limited to 3 active users per month. To re-enable more than 3 active users, a site can re-enter card details at any time. Canceling payment does not affect account, user or course data associated with the site. At the point of cancellation, a payment will be taken for the number of active users who have accessed the site during the current billing period, prorated according to the position in the billing cycle. Prepaid credit is non-refundable, but will remain in the site's prepay account and be available should the payment arrangement be reactivated.

13. Site Termination policy

Calibrae sites can be terminated at any time. A site can be terminated by the site administrator by request to Calibrae support (contact@calibrae.zendesk.com). Once terminated, a site will no longer be available to any site user including site administrators, team members or site customers. No site termination notification will be sent to site users. At the point of termination, a final payment will be taken for the number of active users who have accessed the site during the current billing period, prorated according to the position in the billing cycle. Prepaid credit is non-refundable.

14. Learner questions, answers & comments

Learners who post questions, answers and comments accept that their questions, answers, and comments will be visible to other learners in the learner community.

15. Display of learner points and badges

Learners accept that their earned points and badges will be displayed to other learners within the learner community.

16. FullStory Session Recording

Calibrae uses a third party support tool provided by FullStory to record the user experience through our website, enabling our support team to 'replay' a user journey and identify problems. Only user journies through the Calibrae site are recorded. By using the site you agree to your user journey being recorded for support purposes.

17. Site-level terms and conditions

Calibrae provides tools for each of its customer sites to publish its own terms and conditions. Calibrae is in no way responsible or liable for any terms or conditions defined by its customers.

18. Entire Agreement

You understand and agree that the above Terms constitute the entire general agreement between you and this site. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

Platform License Plans

The Calibrae platform offers a number of license plans to cater for a range of customer-site needs. The following defines the terms and conditions for each plan. (See our Pricing page for actual prices.)

1. Starter Plan

The Starter Plan is a free, no-obligation plan that enables potential customers to fully explore the Calibrae platform in order to assess suitability. The Starter Plan has full access to all of the platform's tools, with the exception of the ability to sell courses. The number of permitted site users is 3.

2. All-inclusive Plan

The All-inclusive Plan is designed for organisations that want unlimited access to unlimited courses for a given number of users - Eg all employees; all customers; everyone in the sales team, etc. The All-inclusive Plan has a fixed annual fee, payable at the beginning of the annual billing period, based on the number of required users. For example, an organisation with 5000 employees has 38 courses that they wish to be available to all of its employees at any point in time, with the certainty of a fixed cost. All 5000 employees have access to unlimited courses at any point in time and as frequently as they wish during the annual billing period.

When All-inclusive plan sites sell courses, all course-sales revenue goes directly to the site. Calibrae does not take any portion of such course-sales revenue. The number of agreed users will include anticipated users to whom courses are sold.

If the actual number of users accessing the site exceeds the agreed number, Calibrae will permit access to those additional users. If the actual number of users regularly exceeds the agreed number (ie over 2 consecutive months or more), Calibrae will make contact to discuss formally increasing the agreed number of users on a pro-rate basis.

3. Revenue Share Plan

The Revenue Share Plan is designed for organisations whose prime objective is to sell courses, and who want zero risk and zero upfront costs. At the point of sale, Calibrae takes an agreed percentage revenue share. For example, a Revenue Share site may sell a course for £100. With an agreed rate of 15%, at point of sale, the site receives an £85 share and Calibrae receives a £15 share.

Fair Usage

Calibrae recognises scope for the Revenue Share plan to be miss-used by setting course fees at £0, but subsequently charging users outside of the platform and effectively avoiding platform charges (15% of £0.00 is £0.00!). Calibrae customers who choose the Revenue Share plan agree to be fair in their use of the plan and to share 15% of the generated course revenue. They also understand that it is not intended as a means to deliver zero-cost training. Calibrae monitors the usage of Revenue Share plan license sales and reserves the right to close sites it deems to be miss-using the plan.

Security Policy

We are committed to securing your personal information, and enforce a strong privacy and security governance operational model.

We never store plaintext passwords. In accordance with best security practices, all password and security tokens are stored as salted-hashes with strong encryption.
All data is protected in transit using strong 256-bit encryption.
Data is persisted to non-public facing servers and protected with policies and appropriate security measures.
We never store any credit card numbers.
All payment transactions are handled through stripe (https://stripe.com) - certified PCI Service Provider level 1. See https://stripe.com/docs/security/stripe for more information
Security policies and standards are reviewed at least annually, including an assessment of relevance and adherance. Security policies are updated as required.

Cookie Policy

This Cookie Policy explains how Calibrae Learning Ltd ("Company", "we", "us", and "our") uses cookies and similar technologies to recognize you when you visit our websites hosted at https://calibrae.com, ("Websites"). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

In some cases we may use cookies to collect personal information, or that becomes personal information if we combine it with other information.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner (in this case, Calibrae Learning Ltd) are called "first party cookies". Cookies set by parties other than the website owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like interactive content and analytics). The parties that set these third party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.

Why do we use cookies?

We use first and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to enhance the experience of users on our website by providing real-time chat and enhanced support troubleshooting. Training providers and customers using calibrae.com to host their training portals may add additional third-party cookies to their training portal. The use of such added third-party cookies is at the descretion of parties using the calibrae.com platform to host their training content, and they are solely responsible for the disclosure and appropriate legal compliance associated with the use of such cookies; Calibrae.com is not responsible and cannot be held liable for their use. See the appropriate cookie / privacy policy associated with the training portal concerned.

The specific types of first and third party cookies served through our Websites and the purposes they perform are described below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):

Advertising?

Calibrae.com does not use any cookies for the purposes of delivering advertisements - targetted or otherwise.

How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences via your browser's cookie manager. Some cookies are essential for the function of the Calibrae.com training platform. Disabling these essential cookies will interfere with the services provided by the platform. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information.

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com. Note - Calibrae.com does not use any cookies for the purposes of delivering any advertisements.

The specific types of first and third party cookies served through our Websites and the purposes they perform are described in the table below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):

Cookie details

Essential * These may not be disabled without impacting service

calibrae_session

Maintains user login data and HTTP Session.

remember_[id]

Maintains logged in state

Support * Disabling these will not affect service

TawkConnectionTime

TawkCookie

Tawk_[id]

__tawkuuid

tawkUUID

This collection of cookies is used by the TawkTo service which provides real-time chat support for site administrators. See: https://www.tawk.to/privacy-policy.

fs_uid

Enables enhanced support and analytics. See: https://www.fullstory.com/legal/privacy.

__hstc

hubspotuk

Enables customer support CRM integration with Hubspot. See: https://legal.hubspot.com/cookie-policy.

Analytics * Disabling these will not affect service

_ga

1P_JAR

NID

__Secure-3PAPISID

__Secure-3PSID

__Secure-APISID

__Secure-HSID

__Secure-SSID

Used by Google Recaptcha service to provide protection against bot site interference. See: https://policies.google.com/privacy.

Where can I get further information?

If you have any questions about our use of cookies or other technologies, please email us at contact@calibrae.zendesk.com or by post to:

Calibrae Learning Ltd

New Station House, Gwaun Cae Gurwen

Ammanford, Wales

SA18 1DY

United Kingdom

Service Level Agreement

Support level	Function	Support provision	Expected response times
Tier 1	Basic help desk resolution and service desk delivery	Support for basic customer usage problems, including: Help learners, admins and teachers access the platform Password resets Checking licenses/enrollments etc If no solution is available, tier 1 personnel escalate incidents to a higher tier.	Tier 1 support requests will typically receive an initial response within 24 hours and should be resolved or escalated within 48 hours, Monday to Friday.
Tier 2	In-depth technical support	Experienced and knowledgeable technicians assess issues and provide solutions for problems that cannot be handled by tier 1, including support to: Help learners with issues regarding use of the site's features Access learning activities Uploading assignment work Using chat messaging and video conferencing Viewing progress metrics Purchasing course licenses etc Help site administrators with issues regarding Organising/managing class groups Enrolling learners on courses Checking licenses Assigning teachers to class groups Teacher's accessing their virtual classrooms, course content, class metrics, etc etc Help teachers with course creation tools Creating learning activities, including assignments and exercises Scheduled live classes / workshops Marking and providing feedback Exams & tests etc Help teachers with learner communication tools Messaging Video conferencing etc Mode of Tier 2 support will be through: Email and/or telephone calls to talk the user through to resolution Providing the user with relevant documentation If no solution is available, tier 2 support escalates the incident to Calibrae tier 3. Escalations will be formally raised through Calibrae's support portal (support@calibrae.zendesk.com) and will contain full documentation of the issue, including documented steps through which the issue can be replicated.	Support requests escalated to tier 2 will be resolved or escalated within 24 hours of escalation from tier 1, Monday to Friday.
Tier 3	Expert product and service support	Tier 3 support will resolve all non-tier 1 & 2 issues. Complex technical enquiries can be escalated to tier 3 for resolution. Service affecting incidents such as outages, technical problems, security incidents or other critical issues are automatically classified as tier 3 incidents. The rapid resolution of these problems is a top priority.	Calibrae aims to respond within 24 hours of escalation, Monday to Friday

Privacy Policy

Last updated 17 July 2018, in line with GDPR requirements.

Maintaining your privacy is very important to us. You trust us with your data. Its a responsibility we take very seriously.

In brief, at Calibrae we capture and store only the data we need to provide an excellent cloud-based training platform service that allows our site-customers to build and deliver great training, and our site's account-customers to consume great training and manage the training of their teams. As a platform, we do not sell your data or use it for non-related marketing purposes. Our customer sites may have a different policy, so, if you are a customer of a site, be sure to check the site-level policies in the adjacent tab above. Calibrae is not responsible or liable for site-level use of data and/or site-level privacy policies.

We also use your data to comply with any legal obligations to which we are subject.

Google Analytics

When someone visits calibrae.com we use a third-party service, Google Analytics, to collect standard internet log information and details of visitor behavior patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make and do not allow Google to make, any attempt to find out the identities of those visiting our website.

FullStory

Calibrae uses a third party analytics/support service provided by FullStory to record the user experience through our website. This enables our support team to 'replay' a broken user journey through our site and identify problems.

FullStory uses first-party cookies to maintain a user session across multiple pages only on our website. It uses standard facilities of HTML5 browsers to store data on your computer across visits to our website. It may also use local storage as a temporary holding area for user events, which are subsequently read and transmitted to complete previously recorded sessions. The gathered information may in the aggregate identify a user unless the user turns off cookies.

Access to your personal information

Practically all of your information is accessible by you directly through the website. The following section shows exactly what data we keep and how it is accessed. For any further requirements, email your request to getintouch@calibrae.com, and we will process your request within 30 days.

Your data - what we do with and why

The Calibrae platform holds data about the learner, the account/organization to which the learner belongs - both typically customers of a site hosted on the Calibrae platform - and the Site that publishes training. The following sections provide detailed descriptions of:

the data we hold,
why and how we use it,
the legal basis we feel justifies our use of other's data,
who has access to the data, including what type of access, and
what we will do on a 'request to be forgotten'.

User-level data (the learner)

Account-level data (the organisation to which the learner belongs)

Site-level data (the training provider)

User-level data (the learner)

Learner login history, including IP addresses used

What do we do with it & why? Displayed to Account managers for audit purposes to track the work effort of the user over time. Also displayed to Site administrators as a means to check for and prevent license sharing by users.

Lawful basis & justification? Legitimate interests. Account managers want to track the work effort of the team Site administrators need to check for and prevent license sharing.

Your access? Viewable by the learner. Not editable. Other's access? Viewable by account, site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Questions posed by learner regarding a concept being taught

What do we do with it & why? Displayed to other users in the community to solicit answers from community members.

Lawful basis & justification? Legitimate interests. It is in the interest of all learners in order to extend learning and understanding.

Your access? Viewable & deletable by the learner. Other's access? Viewable by other learners, and viewable & deletable by account, site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will anonymize this data so that it has no link to the learner.

Your answers to other's questions

What do we do with it & why? Displayed to other learners in the community to extend learning & understanding.

Lawful basis & justification? Legitimate interests. It is in the interest of all learners in order to extend learning and understanding.

Your access? Viewable & deletable by the learner. Other's access? Viewable & deletable by account, site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will anonymize this data so that it has no link to the learner.

Your comments posted regarding a concept being taught

What do we do with it & why? Displayed to other users in the community to extend learning & understanding.

Lawful basis & justification? Legitimate interests. It is in the interest of all learners in order to extend learning and understanding.

Your access? Viewable & deletable by the learner. Other's access? Viewable & deletable by account, site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will anonymize this data so that it has no link to the learner.

Study data. time spent in course, points & badges awarded

What do we do with it & why? Gamification. Displayed to the learner and account admin to motivate the learner to more fully engage.

Lawful basis & justification? Legitimate interests. Enables the learner and management to judge engagement.

Your access? Viewable by the learner. Not editable. Other's access? Viewable by other learners in the community, and account, site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Exercise response data. correct/incorrect, number of attempts, average time, score

What do we do with it & why? Enables the learner and management to judge learner progress.

Lawful basis & justification? Legitimate interests. Enables the learner and management to judge learner progress.

Your access? Viewable by learner. Not editable. Other's access? Viewable by account, site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Learner's assignment responses & instructor assessment

What do we do with it & why? Enables course author to make a subjective assessment of the learner's understanding of a concept.

Lawful basis & justification? Legitimate interests. Enables the learner and management to judge learner progress.

Your access? Viewable by the learner. Not editable. Other's access? Viewable by account, site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Email addresses

What do we do with it & why? Used to email the learner regarding:

new course enrollments
course change updates
notifications of marked assignment submissions
notifications of test/exam results
course completion
password resets
etc.

Calibrae does not use stored email addresses for general marketing purposes.

Lawful basis & justification? Legitimate interests. Enables the system to keep the learner updated with important information.

Your access? Viewable and auditable by the learner. Other's access? Viewable and editable by account, site & platform administrators. Sent to Stripe when credit card payment is made by user. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Copies of emails sent

What do we do with it & why? We keep copies of sent emails for audit, troubleshooting and dispute purposes. Having access to sent emails enables support to determine exactly what has been communicated to the learner.

Lawful basis & justification? Legitimate interests. Enables support to troubleshoot communication issues.

Your access? Viewable by the learner. Emails sent to learners are not editable. Other's access? Viewable by account, site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Location: country & city (optional)

What do we do with it & why? Displayed to site administrators to provide awareness of where learners are located around the world.

Lawful basis & justification? Legitimate interests. Enables site administrators to tailor course content based on geographical needs.

Your access? Optional. Viewable & editable by the learner. Other's access? Viewable by account, site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data.

League table preference. Be included in league table (default: opted out)

What do we do with it & why? Determine whether or not to list the learner in a public facing performance league table.

Lawful basis & justification? Legitimate interests. It is in the interest of learners to have the option of being included in a public facing league table to publicly demonstrate their ability.

Your access? Viewable & editable by account/site/platform admin and user. Other's access? Viewable by account, site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Certification data in public registry (default: opted out)

What do we do with it & why? Enables interested 3rd parties to view/validate certification details of an opted-in learner.

Lawful basis & justification? Legitimate interests. It is in the interest of the user to have the option to opt-in in order that interested 3rd parties can validate their credentials online.

Your access? Viewable by the learner. The learner can change the opted setting. Certification data is not editable. Other's access? If opted in, certification data is viewable by any interested party from the internet.

On 'request to be forgotten'? We will permanently delete this data.

Position & Group in company (optional)

What do we do with it & why? Displayed to others in the community to indicate role/level of experience

Lawful basis & justification? Legitimate interests. It is in the interest of learners to let others know of their role/level of experience.

Your access? Viewable and editable by the learner. The learner also has control over whether or not this data is displayed to others in the community. Other's access? If opted in, position and group data is viewable by other learners in the community. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Course licensing & invoice data relating to course enrollments

What do we do with it & why? Allow/deny access to courses by individual learners.

Lawful basis & justification? Legitimate interests. Learners accept the system needs to keep licensing data in order to allow/deny access to courses.

Your access? Viewable by the learner. Not editable. Other's access? Viewable by account, site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

History of reported platform issues

What do we do with it & why? Enables platform support to track & respond to platform level issues

Lawful basis & justification? Legitimate interests. It is in the interest of learners to report bugs so that they can be addressed.

Your access? Viewable by the learner. Not editable. Other's access? Viewable by site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete then anonymize this data.

Live class enrollment schedule/history

What do we do with it & why? Displayed to the learner and live class instructor so that both parties have ready access to their scheduled classes.

Lawful basis & justification? Legitimate interests. It is in the interest of learners to know which live classes they are scheduled to attend.

Your access? Viewable & editable by the learner. Other's access? Viewable and editable by site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete then anonymize this data.

Account-level data

Company name

What do we do with it & why? Displayed on invoices, for audit

Lawful basis & justification? Legitimate interests. For audit purposes, it is in the interest of accounts, sites and the platform to record invoice details, including the company name.

Your access? Viewable & editable by the account administrator. Other's access? Viewable and editable by site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

Tax details on purchases (VAT, etc). Includes self-declared tax liability, registered tax number & country of registration. Entered at time of course purchase.

What do we do with it & why? Determines if any tax should be charged in addition to the course fee

Lawful basis & justification? Legitimate interests. Useful when arbitrating possible disputes over tax liabilities

Your access? Viewable through the site, but not editable. Other's access? Viewable and editable by site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

Phone number (A phone number for an account is optional)

What do we do with it & why? Used by platform and site administrators to call account administrators regarding course/user issues

Lawful basis & justification? Legitimate interests. In the interest of both parties to quickly solve issues.

Your access? Viewable & editable by the account administrator. Other's access? Viewable and editable by site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Address (An address for an account is optional)

What do we do with it & why? Displayed on invoices, for audit

Lawful basis & justification? Legitimate interests. For audit purposes, it is in the interest of accounts, sites and the platform to record invoice details, including the company address.

Your access? Viewable & editable by the account administrator. Other's access? Viewable and editable by site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

Community preferences (scope of community, hide/show user-ID in posts, hide/show awards, etc)

What do we do with it & why? Allows accounts to choose how its users interact with the broader community.

Lawful basis & justification? Legitimate interests. Gives power/choice to the account regarding how it wishes its learners to interact with the broader community.

Your access? Viewable & editable by the account administrator. Other's access? Viewable and editable by site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

List of users in the account

What do we do with it & why? Allows accounts to manage their learners.

Lawful basis & justification? Legitimate interests. Gives power/self-sufficiency to the account to manage their own learners at the individual level.

Your access? Viewable & editable by the account administrator. Other's access? Viewable and editable by site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

List of groups in the account, each with users that belong to the group

What do we do with it & why? Allows accounts to manage learners by group.

Lawful basis & justification? Legitimate interests. Gives power/self-sufficiency to the account to manage their own learners at the group level

Your access? Viewable & editable by the account administrator. Other's access? Viewable and editable by site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Course licensing & invoice data for course enrollments

What do we do with it & why? Allow/deny access to courses by individual users from a customer account

Lawful basis & justification? Legitimate interests. Accounts accept the system needs to keep licensing data in order to allow/deny access to courses

Your access? Viewable by the account administrator. Other's access? Viewable and editable by site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

Campaign Metrics Users within an account are invited to take a quiz to determine how much they know on the subject.

What do we do with it & why? Used by account management to survey existing knowledge of the team.

Lawful basis & justification? Legitimate interests. It is in the interest of accounts to have an understanding of the existing knowledge of the team.

Your access? Viewable by the account administrator. Quiz results also viewable by the user via email notification Other's access? Viewable by site & platform administrators. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Site-level data

Stripe key

What do we do with it & why? Sent to Stripe by the platform when the site receives payment for a course license.

Lawful basis & justification? Legitimate interests. It is in the interest of the site for the platform to facilitate payment by site's customers for courses.

Your access? Viewable & editable by the site administrator. Other's access? Viewable & editable by the platform administrator. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Company details, inc address, phone, Company num, VAT num

What do we do with it & why? Displayed on invoices, for audit.

Lawful basis & justification? Legitimate interests. For audit purposes, it is in the interest of accounts, sites and the platform to record invoice details, including the company details.

Your access? Viewable & editable by the site administrator. Other's access? Viewable & editable by the platform administrator. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

Bank details: bank name, sort code, account number. Also includes site's payment terms offered to the site's customers

What do we do with it & why? Displayed on invoices, and used for audit

Lawful basis & justification? Legitimate interests. For audit purposes, it is in the interest of accounts, sites and the platform to record invoice details, including the bank payment details.

Your access? Viewable & editable by the site administrator. Other's access? Viewable & editable by the platform administrator. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

Managed domain - site URL

What do we do with it & why? The managed domain is the web address through which site users access the site and its content.

Lawful basis & justification? Legitimate interests. It is in the interest of both site and learner to have a published web address through which the site can be accessed.

Your access? Viewable & editable by the site administrator. Other's access? Viewable & editable by the platform administrator. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

Course content: lessons, exercises, exams, classes, downloads, exams, etc

What do we do with it & why? Course content is displayed to licensed users for purposes of teaching, learning and assessing learning.

Lawful basis & justification? Legitimate interests. It is in the interest of both site and learner to have published course content through which teaching, learning, and assessment can take place.

Your access? Viewable & editable by the site administrator. Other's access? Viewable & editable by the platform administrator. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

Course admin: price plans, discounts, stats

What do we do with it & why? Displayed to accounts and users so they know how much course licenses will cost. Displayed in invoices.

Lawful basis & justification? Legitimate interests. It is in the interest of both site, account and learner to know the cost of course licenses

Your access? Viewable & editable by the site administrator. Other's access? Viewable & editable by the platform administrator. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

Chargeable tax data (VAT, Sales Tax, etc)

What do we do with it & why? Displayed to accounts and users so they know how much tax will be charged. Displayed in invoices.

Lawful basis & justification? Legitimate interests. It is in the interest of both site, account and learner to know how much tax is charged.

Your access? Viewable & editable by the site administrator. Other's access? Viewable & editable by the platform administrator. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

Branding: company logo, messaging for home-page, etc

What do we do with it & why? Displayed to users as they use the site to give branding to the user experience.

Lawful basis & justification? Legitimate interests. It is in the interest of both site and user to have a branded training experience.

Your access? Viewable & editable by the site administrator. Other's access? Viewable & editable by the platform administrator. Not shared with anyone else.

On 'request to be forgotten'? We will permanently delete this data.

Invoices from platform, including active-user history

What do we do with it & why? Displayed to site admins for audit purposes.

Lawful basis & justification? Legitimate interests. It is in the interest of both site and platform to have an audit trail of platform-level invoices, including active-user history.

Your access? Viewable by the site administrator. Other's access? Viewable by the platform administrator. Not shared with anyone else.

On 'request to be forgotten'? We will soft delete this data, keeping it in archive solely for audit purposes.

Sales & invoice data of site sales to their customer accounts

Data Governance - how we manage it

At Calibrae, we are serious about protecting data and privacy. We have a nominated director who is responsible to the CEO and Calibrae Board for the management and protection of personal data.

Data Protection Officer

Our CTO is designated as the Data Protection Officer. To contact the DPO email dpo@calibrae.com.

Data Protection Impact Assessments

Part of our process to secure data is to hold periodic Data Protection Impact Assessments - something we do at least on a 3 year cycle. Conducting DPIAs is the responsibility of our DPO. Calibrae directors then have shared responsibility to ensure that any issues identified in the DPIA are prioritised, addressed and rectified.

Data incidents and how they will be handled

Any data breach, whether suspected or actual, is reported to DPO upon discovery of the breach. The DPO will work with all/any relevant parties to investigate the report, and if confirmed:

do all necessary to contain the breach
determine the full particulars of it
work out what needs to be done to resolve and remedy the situation properly
establishing who needs to be notified, including, potentially the police if equipment or records have been stolen
notify the identified parties within 72 hours

The DPO will then conduct a more thorough investigation and assessment of the breach to determine the scale of the breach, including:

the scale of severity - the type of data released, the size of the compromised data set and the number of people affected, and whether or not the data has been released outside of the company
who will be affected by the breach and to what degree
how much data is involved
how many data subjects will be affected
the consequences of the breach
etc.

The DPO will also determine if the Information Commissioner’s Office needs to be informed, as well as informing the individual data subjects whose data is involved in the breach. All decisions made are documented, along with the reasoning.

Once the breach itself is resolved and all necessary parties notified, the DPO will document which steps should be taken to prevent similar breaches from occurring in the future. Existing practices, procedures, and measures will be critically evaluated, and changes and improvements implemented.

Data retention - what happens to your data if you close your account

In the Privacy Policy section of this document, we outline which of 4 possible actions we will take regarding different types of data when a request is made for the data to be forgotten:

permanently delete the data,
soft delete the data,
soft delete the data, keeping it in archive solely for audit purposes, or
soft delete then anonymize the data.

Upon formal closure of your account, we will apply the defined actions to your data as described in each data type above.

GDPR training for Calibrae staff

All Calibrae staff are required to compete training to help them better understand how to keep data secure and identify attempts to breach our security measures. It also helps them better understand their responsibilities and the consequence of any breach.

Staff are required to refresh their training every two years.

Calibrae data breach risk assessment

Our DPO conducts periodic risk assessments relating to the protection of personal data. The assessment process includes:
- creating an action plan to control/mitigate any discovered risks
- prioritisation of tasks on the plan, depending on severity
- a review process to follow up on actions/controls/mitigations
- reporting any issues to senior management

DSARs - how to request access to your data and how we handle such requests

As stated above, practically all of your information is accessible by you directly through the Calibrae user interface, enabling you to view your own data. For any further data access requirements, email your requirements to getintouch@calibrae.com, and we will process your request within 30 days.

Correcting errors in your data, and how to make a correction

As stated above, practically all of your information is accessible and editable by you directly through the user interface, enabling you to update your own data. For any further change requirements, email your requirements to getintouch@calibrae.com, and we will process your request within 30 days.

Data erasure - how to request it and what we do

Our process for erasing your data, and what that means, is defined above in section Data Retention - what happens to data if you close your account. To request erasure of your data, send an email with your requirements to getintouch@calibrae.com, and we will process your request within 30 days.

The following legal terms are those pertaining to this Calibrae hosted training portal - memyresources. They outline the legal agreement between memyresources and you, and, if different to Calibrae's data-usage policy, includes details of how memyresources uses your data.

Calibrae is not responsible or liable in any way for the terms presented below.

Terms and Conditions of Service for me:my™

The me:my™ services are provided and licensed to you by Exceptional Achievement Limited (the Company, we or us). We are a company incorporated in England and Wales with company number 4410446 and our registered office is at 64 Harpur Street, Bedford, Bedfordshire, MK40 2ST. Our VAT number is 796670862.

These terms and conditions of service (Terms of Service), govern your access to, and use of, the Services (as defined below) made available to you by or on behalf of the Company via the websites at www.memycoach.com, www.memyteam.com, www.memyresources.com (the Website).

Please read these Terms of Service carefully and make sure that you understand them before using or accessing the Services. You should print a copy of these Terms of Service or save them to your computer for future reference.

Please note that these Terms of Service apply to business customers only. If you wish to purchase a Subscription Package as a consumer (meaning for purposes that are wholly or mainly outside of your trade, business, craft or profession), please contact us before placing your order.

Before using the Services, you consent to these Terms of Service in accordance with clause 2.1 or clause 2.2 below. By indicating your agreement to these Terms of Service, you agree to (and in the case of Corporate Users, you shall procure that your Licensed Corporate Users shall) observe and comply with these Terms of Service, the Website Terms of Use, the Privacy Policy and the Cookies Policy and to be legally bound by them. If you do not wish to accept and be bound by these Terms of Service, the Website Terms of Use, the Privacy Policy and/or the Cookies Policy, you should not accept these Terms of Service you should not proceed with the registration process or use the Services.

Where you are entering into these Terms of Service on behalf of your company, entity or organisation, you confirm that you are duly authorised to enter into these Terms of Service and a legally binding agreement on behalf of your company, entity or organisation.

We may amend these Terms of Service from time to time. The date on which these Terms of Service were last updated is set out at the bottom of these Terms of Service. Every time you wish to use to purchase or renew a subscription to use any of the Services, please check these Terms of Service to ensure you understand the terms which will apply at that time.

Definitions

In these Terms of Service, the following words shall have the meaning set out below:

Access Details: means the user name, password and/or such other security devices or details, in whatever form, issued to or selected by you, or in the case of a Corporate User issued to or selected by the Licensed Corporate Users, from time to time, in order to enable you and/or the Licensed Corporate Users to access and use the Services;

Annual Subscription Package: a subscription to use the Services for an Annual Subscription Term;

Annual Subscription Term: has the meaning given in clause 3.5;

Company Materials: any documents, information, data, software, diagrams, images, videos, podcasts, Test Results, and any other materials in any form provided, created or made available to you, or in the case of a Corporate User to any Licensed Corporate User, by or on behalf of the Company as a result of or in connection with your or the relevant Licensed Corporate User’s use of the Services;

Confidential Information: confidential commercial, financial, marketing and/or technical information, know-how, trade secrets and other information in any form or medium whether disclosed or made available orally or in writing before or after commencement of the Services, including without limitation, in the case of the Company, any confidential information forming part of the Company Materials and, in the case of you or any Licensed Corporate User, any confidential information forming part of Your Content;

Account confirmation Email: shall have the meaning given to it in clause 2.5;

Content: means any information, data, communication or other content, documents or materials uploaded, transferred or submitted to the Website using, through or in connection with the Services;

Corporate User: where you enter into these Terms of Service on behalf of a company, entity, organisation or other business, that company, entity, organisation or business, as the context so requires;

Fees: the fees payable in respect of your Subscription Package, as set out on the Website;

Intellectual Property Rights: means copyright, moral rights, rights in software, rights in databases, patents and rights in inventions, trade marks, rights in business names and domain names, goodwill and the right to sue for passing off, designs, know-how, trade secrets and other rights in confidential information and all other intellectual property rights, in each case whether registered or unregistered including applications for registration and the right to apply for registration for any of the rights listed above that are capable of being registered anywhere in the world, and all other rights having equivalent or similar effect anywhere in the world, this applying to the all elements of our websites including our methodology e.g the me:my™team6M model.;

Licensed Corporate User: means a user for whom a Subscription Package has been purchased by, and who is authorised to use the Services and/or the Website on behalf of, a Corporate User;

Online Account: means the online account for which you, or in the case of a Corporate User a Licensed Corporate User, registered in order to use and access the Services and which is accessible on, or via, the Website using the Access Details;

Order: any request or order placed or submitted by you to us in order to subscribe for any of the Services;

Services: means the me:my™ service providing training and performance improvement services for professional coaches, team coaches, team managers, HR professionals the provision of any Company Materials and any related features and services made available or provided to you, and in the case of a Corporate User the Licensed Corporate Users, by or on behalf of the Company from time to time from or via the Website or any other means (whether paid for or not);

Single Month Subscription Package including single and multiple access logins to me:my™tyeam: a subscription to use the Services for a to me:my™coach for one month or single and multiple logins to me:my™team;

Single Use Subscription Term: has the meaning given in clause 3.4;

Subscription Package: the subscription package for the Services for which you have subscribed, the details of which are set out in the relevant section of your Online Account;

Subscription Term: means:

1. 1. in respect of the Single Use Subscription Package, the Single Use Subscription Term; and
  2. in respect of the Annual Subscription Package, the Annual Subscription Term (as may be renewed by you in accordance with clause 3.6);

Test Results: any feedback and results of any tests or questionnaires carried out by you, or in the case of a Corporate User by any Licensed Corporate User, which are generated via the Website using the Services based on the information provided by you or the relevant Licensed Corporate User;

Trial Use: means any temporary access to, or use of, any Services which may be made available to you free of charge for trial purposes only during a Trial or promotional Period;

You: means (a) you where you are an individual, or (b) a Corporate User, and the word “your” shall be construed accordingly;

Your Content: has the meaning given in clause 7.1.

Order Process
1. If you are an individual subscribing for the Services for your own business use or you are a Corporate User subscribing for the Services for use by one Licensed Corporate User only, you may subscribe for the Services via the Website. Please take the time to read and check your details at each page of the registration process.
2. By continuing with your purchase, you shall be deemed to have accepted these Terms of Service which shall apply to the exclusion of any other terms or conditions contained in, or referred to in, any purchase order or confirmation of order submitted by you, or that you otherwise seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. If you are registering for a Single month package, individual logins to me:my™team or Annual Subscription Package, you must make payment of the applicable Fee at the time of placing your order for the relevant subscription.
4. When you submit your Order, this does not mean we have accepted your Order. Our acceptance of your Order will take place as described in clause 2.5 below. If we are unable to supply you with the Services, we will inform you of this in writing and we will not process your Order.
5. Once we have accepted your Order, you will be sent an email containing your Access Details (Account confirmation Email), at which point a binding contract will come into existence between you and us.
6. If you require any support or assistance in relation to the Services or any additional training and/or consultancy services, you can contact us via telephone or email at the contact details set out on the Contact Us page on the Website. If you request any training, consultancy and/or other services or products in addition to the Services, then if we agree in our discretion to provide any such services or products, these will be supplied subject to separate terms and conditions and subject to the payment of any additional fees payable for those services or products.
Duration and Renewal of Services
1. You may either subscribe for:
  1. a Single Use Subscription Package; or logins to me:my™team or
  2. an Annual Subscription Package.

Monthly Subscription Package and individual logins to me:my™team

1. If you have purchased a Monthly subscription Package to me:my™coach or logins to me:my™team, we will begin to provide access to the Services from the moment you first log in to the Website using the applicable Access Details and your access to the Services will continue until you log out of or otherwise navigate away from the Website (Single Use Subscription Term) (unless terminated earlier in accordance with clause 9), after which time your Access Details will automatically expire and you will no longer be able to access or use the Services. There is no limit on the number of Monthly Subscription Packages to me:my™coach or logins to me:my™coach logins that you may purchase. If you do not log in to the Website within the month of a Monthly Subscription Package being sent to you, these Access Details will lapse.

Annual Subscription Package to me:my™coach

Services
1. We hereby grant to you, and in the case of Corporate Users to the Licensed Corporate Users, a personal, non-exclusive, non-transferable, revocable licence, during the Subscription Term to access and use the Services, the Company Materials and the Website on and subject to these Terms of Service.
2. The Services, the Company Materials and the Website are licensed, not sold, to you pursuant to, and solely for use by you, and in the case of Corporate Users to the Licensed Corporate Users, under and subject to, these Terms of Service. The Company or its licensors as applicable retain all right, title, and interest in and to the Services, the Company Materials and the Website, including without limitation all Intellectual Property Rights subsisting therein.
3. The Company reserves the right at its sole discretion, and with or without notice to you, to add or remove features or functions to or from the Services.
4. We may need to carry out planned or emergency maintenance from time to time on the Website. You acknowledge that the Company may restrict or suspend your and any Licensed Corporate User’s ability to use or access the Services without any notice, for the purposes of repair, maintenance, improvement, and/or upgrade of the Website. The Company will try to minimise the duration of any unavailability of any of the Services as a result of carrying out repair, maintenance, improvement and/or upgrades to the Website but the Company shall have no liability to you in respect of such unavailability. Where possible, the Company shall give notice of any planned maintenance.
5. In order to use the Services, certain minimum system requirements may apply, as specified and published by the Company on the Website, which include, but are not limited to, having access to the Internet and your Internet connection speed exceeding certain minimums, in order for certain features of the Services to function properly.
Restrictions on use
1. Access to and use of the Services, the Company Materials and/or the Website is subject to compliance with the provisions of these Terms of Service.
2. You shall not, and Corporate Users shall procure that their Licensed Corporate Users shall not, decompile, disassemble, reverse engineer, translate or otherwise attempt to learn the source code of the Website.
3. Unless expressly set out in these Terms of Service, you shall not, and a Corporate User shall procure that its Licensed Corporate Users shall not, assign, copy, create derivative works of, distribute, lease, loan, modify, pledge, rent, sell, sublicense or otherwise transfer, directly or indirectly, the Services, the Company Materials and/or the Website, or any part thereof to a third party. You shall not, and a Corporate User shall procure that its Licensed Corporate Users shall not:
  1. resell or act as an intermediary or service provider for, any of the Services or the Company Materials or any part thereof;
  2. use any of the Services, the Company Materials, the Website or any part thereof for the benefit of any third party; and
  3. reproduce, duplicate, copy or re-sell any part of the Services, the Company Materials or the Website for any third party.
4. You and any Licensed Corporate Users may print off and download any of the Company Materials for your internal business use, provided that none of the content is modified and you do not, and Corporate Users procure that its Licensed Corporate Users do not, remove any copyright, trade mark notification or other proprietary notices from such Company Materials.
5. You must not, and Corporate Users shall procure that their Licensed Corporate Users do not:
  1. attempt to gain unauthorised access to the Website, the server on which the Website is stored, any software used in the provision of the Website or Services, or any server, computer or database connected to the Website; or
  2. attack the Website via a denial-of-service attack or a distributed denial-of service attack.
Your Obligations in respect of the Services
1. You warrant that you will:
  1. comply with all applicable laws, regulations and codes of practice with respect to your use of the Services, the Company Materials and/or the Website;
  2. only access those features and functions of the Services, Company Materials and/or Website which we make available to you and which you are entitled to access under your Subscription Package;
  3. not use the Services, the Company Materials and/or the Website in a way which is unlawful, defamatory, obscene, indecent, offensive or threatening or which infringes the Intellectual Property Rights of any third party;
  4. not distribute or transmit any viruses, worms, Trojan horses or any other technologically harmful data, programs or software through, via or using the Services, the Company Materials or the Website; and
  5. not transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam),

and Corporate Users warrant that they will procure that their Licensed Corporate Users will comply with the obligations contained in this clause 6.1 in respect of their use of the Services, Company Materials and Website.

1. All Access Details must be kept confidential and secure. You are solely responsible for all activity occurring under or using your Access Details, and in the case of a Corporate User the Access Details of its Licensed Corporate Users.
2. The Company has no obligation or responsibility in respect of the use, distribution, disclosure or management of your Access Details by you or any Licensed Corporate User. The Company will not be liable for any loss or damage that you may incur as a result of someone else using your Access Details, and in the case of a Corporate User the Access Details of its Licensed Corporate Users, either with or without your knowledge.
3. You must inform us immediately in writing of any loss, misuse or unauthorised use of your Access Details, or in the case of a Corporate User the Access Details of any of its Licensed Corporate Users.
4. The Company has the right to disable your user Access Details at any time if, in the Company’s opinion, you or in the case of any Corporate User, any Licensed Corporate User, has failed to comply with any of the provisions of these Terms of Service or in response to any threatened or perceived security risk.
5. Corporate Users are responsible for each of their Licensed Corporate User’s compliance with these Terms of Service in connection with their access and use of the Services, the Company Materials and/or the Website.
Your Content
1. You hereby grant to the Company, for the purpose of providing the Services, a non-exclusive, worldwide, royalty-free, fully-paid, transferable licence to host, cache, record and copy the Content that you, and in the case of Corporate Users any Licensed Corporate Users, submit or upload to the Website (Your Content) in order to provide you and any Licensed Corporate Users with the Services.
2. You will not, and in the case of Corporate Users will procure that the Licensed Corporate Users will not, post, upload, link to or otherwise distribute or transmit any Content via the Website and/or Services:
3. When you or any Licensed Corporate User uploads and saves Content to the Website, such Content will only be available to you or in the case of a Licensed Corporate User, the relevant Licensed Corporate User, via your or the relevant Licensed Corporate User’s (as applicable) Online Account. You agree that the Company may access and process Your Content for the purposes of providing the Services.
4. Although we endeavour to use reasonable efforts to back-up Your Content and Test Results, you are responsible for the making and keeping of back-up copies of Your Content and any Test Results.
5. To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any loss, deletion or corruption of any of Your Content which may arise out of or in connection with your access to or use of the Services.
6. You have sole responsibility for the legality, reliability, integrity, accuracy, completeness and quality of Your Content submitted to the Website by you, and in the case of Corporate Users by Licensed Corporate Users, and the Company has no responsibility or liability for the legality, reliability, integrity, accuracy, completeness or quality of Your Content or for any inaccuracies or errors in any of Your Content as a result of any inaccurate, incomplete or incorrect information submitted by you or any Licensed Corporate User.
7. Without prejudice to clause 7.4 or clause 7.5, in the event that any of Your Content is lost, deleted, corrupted or damaged in any way, save where such of Your Content is lost, deleted, corrupted or damaged as a result of any act, omission or error by you, or in the case of Corporate Users by any of its Licensed Corporate Users, on your request the Company will use reasonable commercial efforts to restore such of Your Content from the most recent back-up copy in the Company’s possession (if any) and this will be the Company’s sole liability to you in respect of any such loss, deletion, corruption or damage of or to Your Content. For the avoidance of doubt, the Company shall not be liable for any loss, deletion, corruption or damage of or to Your Content (or for restoring the same) which may arise out of or in connection with any act, omission or error by you, or in the case of Corporate Users by any of its Licensed Corporate Users, or any third party.
8. The Company shall not be responsible or liable for any failure to upload, store, download, view or access any of Your Content or for the security or confidentiality of Your Content uploaded or stored by you, or in the case of a Corporate User by any Licensed Corporate User, in connection with your use, or any Licensed Corporate User’s use, of the Services.
9. The Company does not accept any responsibility for action taken by you, or in the case of a Corporate User by any Licensed Corporate User, as a result of any Company Materials provided by us.
Fees, Payment and Changes
1. The Fees payable for the use of the Services depend on the type of Subscription Package you choose. The different options are set out on the Website for individual business users and Corporate Users purchasing a Subscription Package for use by one Licensed Corporate User. The Fees payable by Corporate Users may be dependent on the number of Licensed Corporate Users and volume discounts may apply. Corporate Users should therefore contact the Company for a quote using the contact details set out in clause 2.2 if they wish to purchase multiple subscriptions. The Fees shall be payable in advance and are non-refundable unless otherwise agreed by us in writing.
2. The Company reserves the right to change the Fees payable for the Services from time to time. Any such changes to the Fees will not affect any current Subscription Package for which you have already paid. Changes in Fees shall apply to your next purchase or renewal of a Subscription Package (as applicable), and shall be as set out on the Website and in any renewal notice sent by the Company pursuant to clause 3.6.
3. Unless otherwise specified in the applicable Confirmation Email, all Fees must be paid in Pounds sterling and all Fees shown include VAT and other applicable taxes, duties and similar charges, which will be charged to and payable separately by you at the applicable rate.
4. All payments of Fees by debit and credit card through the Website are processed on our behalf by our approved third party payment processor (Payment Processor) and when making payment through the Website you will be redirected to the payment gateway on the Payment Processor’s external website. All payments made through the Payment Processor’s website shall be subject to and governed by the terms and conditions as may be imposed by the Payment Processor. You should read the Payment Processor’s terms and conditions carefully and make sure that you understand them before you submit your payment details. We shall not be responsible or liable for any loss or damage that you may suffer arising out of or in connection with your use of the Payment Processor’s website.
5. The provisions of this clause 8 do not apply to the use of the Services during any complimentary or Trial Period.
Termination of Services
1. Without prejudice to any other rights or remedies to which the Company may be entitled, we may terminate or suspend your access to or use of the Services, the Company Materials and the Website immediately without liability if:
  1. you commit a material breach of any of these Terms of Service and (if such a breach is remediable) fail to remedy that breach within 30 days of being notified in writing of the breach;
  2. you fail to pay any invoice issued by us under these Terms of Service or pay any Fees due in connection with your use of the Services by the due date for such Fees shown on the relevant invoice;
  3. you are unable to pay your debts as they fall due or you admit inability to pay your debts or (being a company or limited liability partnership) you are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986; or
  4. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with your winding up (other than for the sole purpose of a solvent amalgamation or solvent reconstruction) or a notice of intention to appoint an administrator is given, an application is made to court, or an order is made, for the appointment of an administrator or administrative receiver, or an administrator or administrative receiver is appointed over you or any of your assets.
2. Without prejudice to any other rights or remedies to which you may be entitled, you may terminate the Services immediately by providing us with written notice if we commit a material breach of any of the Terms of Service and (if such a breach is remediable) fail to remedy that breach within 30 days of being notified in writing of the breach.
Consequences of Termination
1. Upon termination or expiry of the Services for any reason in accordance with these Terms of Service, you must immediately cease using the Website, the Services and the Company Materials (with the exception of copies of your Test Results that are in your possession at the time of termination or expiry which you may retain).
2. Your rights to access your Online Account and any and all Content submitted or saved by you to your Online Account, or in the case of a Corporate User by a Licensed Corporate User to its Online Account, in connection with the Services shall terminate immediately upon termination or expiry of the Services in accordance with these Terms of Service and the Company reserves the right to delete all such Content (or any other data files connected with your use or any Licensed Corporate User’s use of the Services) which may be in the Company’s possession or control following such termination or expiry. If you decide not to renew your Subscription Package upon its expiry but then purchase an additional Subscription Package at a later date, we may, upon request and acting in our absolute discretion, seek to determine whether Your Content submitted or uploaded to the Website under your previous Subscription Package can be retrieved and where possible may retrieve such of Your Content in consideration for an additional retrieval fee.
No Warranty
1. The Services, the Company Materials and the Website are provided “as is” and notwithstanding any other provision of these Terms of Service, we do not warrant that: