Terms of Website Use

Terms of Website Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Terms of website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website ‘info@promisecompany.com and / or any associated site(s) (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

If you purchase products from our site, our Terms and Conditions For The Supply of Goods, Services And Digital Content To Consumers will apply to the sales.

Information about us

Promise company is a recruitment and training company dedicated to.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Access to our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@promisecompany.com

Intellectual property rights

All intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products by use to you, which will be set out in our Terms And Conditions For The Supply Of Goods, Services And Digital Content To Consumers .

Uploading content to our site

Whenever you make use of any feature that allows you to upload content to our site, or to make contact with us or other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution will comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Rights you licence

When you upload or post any content to our site, you grant the following perpetual, worldwide, non-exclusive, royalty-free, transferable licenses:

  • To us, a licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the products provided by our site and across different media (including, without limitation, to use the content to promote our site or our products); and
  • To third parties (e.g. other users, partners or advertisers), a licence to use that content for their purposes or in accordance with the functionality of our site.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact info@promisecompany.com

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Trade marks

Various signs, designs or expressions which we use upon this site are our registered and / or unregistered trade marks.

Contact us

To contact us, please email : info@promisecompany.com

Thank you for visiting our site.

PROMISECOMPANY LIMITED (AND ITS VARIOUS BRANDS AND TRADING STYLES)
TERMS OF BUSINESS

1. THESE TERMS

1.1 What these Terms cover. Together with our Privacy Notice, and any other of our relevant website based policies etc. (which are expressly incorporated into these terms), these are the terms on which we supply products to you, whether these are goods, services or digital content.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you (and we) may change or end the contract between us, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms (or that they require any changes), please contact us by email (to info@promisecompany.com) so as to advise us of the issue.

1.3 Are you a business customer or a consumer? With regard to some aspects, you will have different rights under these terms depending on whether you are (i) a business; or (ii) a consumer. You are a consumer if:

(a) You are an individual.

(b) You are buying products from us wholly or mainly for your personal use (i.e. not for use in connection with your trade, business, craft or profession).

1.4 If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty (made or given by, or on behalf of us) which is not set out in these terms, and that you shall have no claim for innocent or negligent misrepresentation, or negligent misstatement based on any statement in our contract with you.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are a recruitment and training company .

2.2 How to contact us. You can contact us via the details (from time to time) available upon the web-page: https://promiserecruitmentcompany.com or promisecompany.com – such details including, by email sent to info@promisecompany.com.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address (or postal address) that you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” (or “written”) in these terms, this phrase includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we email (or otherwise contact) you to accept it, at which point a contract will come into existence between you and us.

3.2 If we are unable to accept your order. We will aim to inform you of this promptly, and will not charge you for the relevant product. This might be because the product is out of stock and/or not currently available, because of unexpected limits on our resources (which we could not reasonably plan for), because any credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to deliver the product within a reasonable timescale.

3.3 Your order number / reference. We will assign an order number / reference to your order, and tell you what it is (when we accept your order). It will help us, if you can tell us the order number / reference (whenever you might contact us about your order).

3.4 We primarily sell to the UK. Our website is intended solely for the promotion of our products in the UK. Accordingly, we reserve our discretion not to accept orders from and/or deliver to addresses outside the UK.

4. OUR PRODUCTS

4.1 Any images of our products on our websites are for illustrative purposes only. Although we have made every effort to display their appearance accurately, we cannot guarantee that an electronic device’s display of their appearance accurately reflects the appearance of any products. Your product may vary slightly in appearance from those images.

4.2 Product packaging may vary. Any packaging of the product may vary from that shown in images on our websites.

4.3 Making sure your requirements are accurate. If we are producing any product to your requirements (which you have provided to us), you are responsible for ensuring that such requirements are correct and appropriate.

4.4 Maximum number of courses in a subscription.  If you purchase a subscription, please note that you can start multiple courses up to a maximum of 50 active courses at any time.

4.5 Our subscription partners.  If you purchase a subscription, we will share your information with Career Radar and XO Student Discounts so that they can provide services under the subscription.  When the subscription ends for whatever reason, any data shared with or collected by those parties shall be deleted by them.

4.6 Subscription discounts. Subscription offer cannot be used in conjunction with any other offer.

  1. YOUR RIGHTS TO MAKE CHANGES

5.1 If you wish to make a change to any product you have ordered please contact us. We will aim to promptly let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be appropriate for you to know as a result of your requested change, and we will aim to promptly ask you to confirm whether (or not) you wish to go ahead with the change.

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. We may change any product:

(a) to reflect changes in relevant laws and regulatory requirements (from time-to-time); and

(b) to implement minor technical adjustments and improvements; for example to address a security threat. These changes should not affect your use of any product.

6.2 More significant changes to the products and these terms. In addition (as we informed you in the description of the product on our websites), we may make more significant changes to the product and these terms, but if we do so, we will aim to promptly notify you, and you may then contact us to end the contract before the changes take effect, and receive a refund for any products paid for but not received.

6.3 Updates to digital content. We may update, or require you to update digital content, provided that the digital content shall always match the description of it (that we provided to you before you bought it).

7. PROVIDING THE PRODUCTS

7.1 Delivery costs. Any costs of delivery will be as displayed to you on our websites.

7.2 When we will provide the products.

(a) If any products are goods. We will contact you with an estimated delivery date, or to agree a delivery date, which will be within a reasonable period after the day on which we accept your order.

(b) If any products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as you will have been informed during the order process.

(c) If any product is a one-off purchase of digital content. We will make the digital content available for download by you shortly after we have accepted accept your order.

(d) If any products are ongoing services, or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either (i) the services are completed; or (ii) the subscription expires (if applicable); or (iii) you end the contract (as described in paragraph 8); or (iv) we end the contract by written notice to you (as described in paragraph 10).

7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will aim to contact you as soon as possible to let you know, and we will aim to take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, (but if there is a risk of substantial delay, you may contact us to end the contract, and receive a refund for any products you have paid for but not received).

7.4 Collection by you. If you have asked to collect any products from our premises, you can collect them from us at any time during our working hours on weekdays (excluding public holidays).

7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, and the products cannot be posted through your letterbox, we will ensure you are left a note (informing you of how to re-arrange delivery, or how to collect the products from a local depot).

7.6 If you do not re-arrange delivery. If you do not collect the products from us (as arranged) or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot – we will contact you for further instructions, and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract (and paragraph 10.2 will apply).

7.7 If you do not allow us access to provide services. If you do not allow us any required access to perform the services (as arranged), and you do not have a good reason for this, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you, or re-arrange access to your property, we may end the contract (and paragraph 10.2 will apply).

7.8 When you become responsible for the goods. A product (which is goods) will be your responsibility, from the time we deliver the product to the address you gave us (or you, or a carrier organised by you, collect it from us).

7.9 When you own goods. You own a product (which is goods) once we have received payment in full.

7.10 What will happen if you do not give required information to us. We may need certain information from you, so that we can supply the products to you. If so, this will have been stated in the description of the products on our websites. We will contact you to ask for this information. If you do not give us this information (within a reasonable time of us asking for it), or if you give us incomplete or incorrect information, we may either end the contract (and paragraph 10.2 will apply), or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late, or not supplying any part of them, if this is caused by you not giving us the information that we need (within a reasonable time of us asking for it).

7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems, or make minor technical changes;

(b) update the product (to reflect changes in relevant laws and regulatory requirements); and/or

(c) make changes to the product as requested by you, or notified by us to you (see paragraph 6).

7.12 Your rights if we suspend the supply of products. We will aim to contact you in advance to tell you that we will be suspending supply of products, unless the problem is urgent (or an emergency). If we have to suspend products (for longer than an immaterial period of time) we will adjust the price, so that you do not pay for products while they are suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than an immaterial period of time, and we will refund any sums you have paid in advance for products in respect of the period after you end the contract.

7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see paragraph 14.4), and you still do not make payment within a reasonable period of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will aim to contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see paragraph 14.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see paragraph 14.6).

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract, and whether you are a consumer or business customer:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced, or a service re-performed or to get some or all of your money back) – see paragraph 12, if you are a consumer, and paragraph 13, if you are a business;

(b) If you want to end the contract because of something we have done or have told you we are going to do – see paragraph 8.2;

(c) If you are a consumer and have just changed your mind about the product – see paragraph 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (and you will have to pay the costs of return of any goods);

(d) In all other cases (if we are not at fault, and you are not a consumer exercising your right to change your mind) – see paragraph 8.7.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in sub-paragraphs (a) to (e) below, the contract will end immediately, and we will refund you in full for any products which have not been provided (and you may also be entitled to compensation). The reasons are:

(a) we have told you about an upcoming change to the product or these terms, which you do not agree to (see paragraph 6.2);

(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

(c) there is a risk that supply of the product may be significantly delayed because of events outside our control;

(d) we have suspended supply of the product for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than an immaterial; period;
or

(e) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind – if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then for most products bought online, you have a legal right to change your mind within fourteen (≤14) days, and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 Our goodwill guarantee for consumers. Please note, our trading practices may incorporate and reflect such ‘goodwill guarantee’ as may be voluntarily offered by us to our UK customers (from time to time), which is more generous than your legal rights under the Consumer Contracts Regulations. Any ‘goodwill guarantees’ does NOT affect your legal rights in relation to faulty or misdescribed products (see paragraph 12.1).

8.5 When consumers do NOT have a right to change their minds. Your rights as a consumer to change your mind do not apply in respect of:
(a) products available to purchase in relation to which it has been legitimately expressly specified that the cancellation rights do not apply, or which for other reasons it is reasonably inappropriate for cancellation rights to apply;

(b) digital products, after you have started to download or stream these;

(c) services, once these have been completed, even if the cancellation period is still running.

8.6 How long do consumers have to change their minds? If you are a consumer, how long you have to change your mind, depends on what you have ordered, and how it is delivered.

(a) Have you bought any services? If so, you have fourteen (14) days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

(b) Have you bought any digital content for download or streaming? If so, you have fourteen (14) days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

(c) Have you bought any goods? If so, you have fourteen (14) days after the day you (or someone you nominate) receives the goods, unless:

(i) Your goods are split into several deliveries over different days. In this case you have until fourteen (14) days after the day you (or someone you nominate) receive the last delivery.

(ii) Your goods are for regular delivery over a set period. In this case, you have until fourteen (14) days after the day you (or someone you nominate) receives the first delivery of the goods.

8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault, and you are not a consumer who has a right to change their mind (see paragraph 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed (and paid for). A contract for services is completed when we have finished providing the services (and you have paid for them). If you want to end a contract before it is completed (where we are not at fault, and you are not a consumer who has changed their mind), just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

8.8 Ending a subscription.  Where you have purchased a subscription, you can cancel that subscription at any time via your account.  If you cancel a subscription part way through a period, you will retain access to the subscribed content during the remaining part of the subscription period, after which point your access will terminate automatically. After the subscription has ended, you will retain access to any course (and any relevant certification) you completed prior to the subscription ending.  However, you will lose access to any part-completed courses.  If you later purchase a new subscription, you will not regain access to any part-completed courses and will need to start them again.

  1. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Email. Contact us via info@promisecompany.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Online. Complete the above referred to details within the contact form available at https://be-a.co.uk/contact/

9.2 Returning products after ending the contract. If you end the contract for any reason after any products have been dispatched to you, you must return them to us. You must either -return the goods in person to where you bought them, post them back to us at our principal place of business address, or (if they are not suitable for posting) allow us to collect them from you. Please contact us via email at info@promisecompany.com, or via the contact form available at https://be-a.co.uk/ – for a return label or to arrange collection. If you are a consumer exercising your right to change your mind, you must return the goods to us within fourteen (≤14) days of telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so (as a result of something we have done wrong).

In all other circumstances (including, where you are a consumer exercising their right to change your mind) you must pay the costs of return.

9.4 What we charge for collection. If you are responsible for the costs of return, and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.5 How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the products (including delivery costs), by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 When we may make a deduction from refunds – If you are a consumer exercising your right to change your mind):

(a) We may reduce your refund of the price (excluding delivery costs), to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods, and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:

(a) If the products are goods, and we have not offered to collect them, your refund will be made within fourteen (≤14) days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see paragraph 9.2.

(b) In all other cases, your refund will be made within fourteen (≤14) days of your telling us you have changed your mind

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you, if:

(a) you do not make any payment to us (when it is due), and you still do not make payment within a reasonable period of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

(d) you do not, within a reasonable time, allow us access to your premises to supply the services.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 10.1, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the products. We may write to you to let you know that we are going to stop providing the products. We will aim to let you know (at least) a reasonable period in advance of our stopping the supply of the products, and we will refund any sums you have paid in advance for products which will not be provided.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 How to tell us about problems. If you have any questions or complaints about any product, please contact us. You can email us at info@promisecompany.com.

12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS (IF YOU ARE A CONSUMER)

12.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with our contract with you. See the text below for a summary of your key legal rights in relation to products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website: www.adviceguide.org.uk or call 03454 04 05 06.

If your products are goods, for example physical / tangible products, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods, your legal rights entitle you to the following:

    • up to thirty (≤30) days: if your goods are faulty, then you can get an immediate refund.
    • up to six (≤6) months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
    • up to six (≤6) years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

See also paragraph 8.3 (‘Exercising your right to change your mind (Consumer Contracts Regulations 2013)’).

If your products are digital content, for example: online courses, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

    • if your digital content is faulty, you’re entitled to a repair or a replacement.
    • if the fault can’t be fixed, or if it hasn’t been fixed (within a reasonable time and without significant inconvenience), you can get some or all of your money back.
    • if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

See also paragraph 8.3 (‘Exercising your right to change your mind (Consumer Contracts Regulations 2013)’).

If your products are services, for example: support contracts for equipment or courses provided in person, the Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix services if they’re not carried out with reasonable care and skill, or get some money back if we can’t fix them.
  • if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
  • if you haven’t agreed a time beforehand, they must be carried out within a reasonable time period.

See also paragraph 8.2 (‘Ending the contract because of something we have done or are going to do’).

12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must return them in person to where you bought them (if relevant), or post them back to us, or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at info@promisecompany.com for a return label or to arrange collection.

13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS (IF YOU ARE A BUSINESS)

13.1 If you are a business customer, we warrant that on delivery, and for a period of twelve (12) months from the date of delivery (warranty period), any products which are goods shall:

(a) conform in all material respects with their description (and any relevant specification);

(b) be free from material defects in design, material and workmanship;

(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

(d) be fit for any purpose held out by us.

13.2 Subject to paragraph 13.3, if:

(a) you give us notice in writing (within a reasonable time of discovery) that a product does not comply with the warranty set out in paragraph 13.1;

(b) we are given a reasonable opportunity of examining such product; and

(c) you return such product to us at our cost,

(d) we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

13.3 We will not be liable for a product’s failure to comply with the warranty in paragraph 13.1, if:

(a) you make any further use of such product (after giving a notice in accordance with paragraph 13.2(a));

(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product; or (if there are none) good trade practice;

(c) the defect arises as a result of us following any drawing, design or specification supplied by you to us;

(d) you alter or repair the product without our written consent; or

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

13.4 Except as provided in this paragraph 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in paragraph 13.1.

13.5 These terms shall apply to any repaired or replacement products supplied by us under paragraph 13.2.

14. PRICE AND PAYMENT

14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see paragraph 14.3 for what happens if we discover an error in the price of any product you order.

14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes (between your order date and the date we supply the product), we will adjust the rate of VAT that you pay, unless you have already paid for the product in full (before the change in the rate of VAT takes effect).

14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we offer for sale may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable (and could reasonably have been recognised by you as a mispricing), we may end the contract, refund you any sums that you have paid, and require the return of any goods provided to you.

14.4 When you must pay and how you must pay. We accept payment with most credit and debit cards (as specified upon our websites from time to time). When you must pay depends on what products you are buying:

(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

(b) For digital content, you must pay for the products before we make them available for you to download them.

(c) For subscriptions, we will automatically take payment using the details you have provided at the frequency you agreed when you purchased the subscription.  We will continue to take payments at this frequency for as long as the subscription continues.

(d) For services which are not a subscription, you must make an advance payment of the specified proportion of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them, or we will invoice you periodically for the services until the services are completed. You must pay each invoice promptly after the date of the invoice.

14.5 Our right of set-off if you are a business customer. If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate and in a manner akin to that specified in the Late Payment of Commercial Debts (Interest) Act 1998 from time to time (and notwithstanding that such legislation may not otherwise apply to such debts). This interest shall accrue on a daily basis from the due date (until the date of actual payment of the overdue amount), whether before or after judgement. You must pay us interest together with any overdue amount.

14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (IF YOU ARE A CONSUMER)

15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either (i) it is obvious that it will happen; or (ii) if, at the time the contract was made, both we and you knew it might happen; for example, if you discussed it with us during the sales process.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products (as summarised at paragraph 12.1).

15.3 When we are liable for damage to your property. If we are providing any services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults, or damage to your property that we discover while providing the services.

15.4 When we are liable for damage caused by defective digital content. If defective digital content (which we have supplied) damages a device (or digital content) belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge, or for damage which was caused by you failing to correctly follow installation instructions, or to have in place the minimum system requirements advised by us.

15.5 We are not liable for business losses. If you are a consumer, we only supply the products for to you for domestic and private use. If you use the products for any commercial, business, or re-sale purpose, our liability to you will be limited as set out in paragraph 16.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (IF YOU ARE A BUSINESS CUSTOMER)

16.1. Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as may be applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979, or section 2 of the Supply of Goods and Services Act 1982;

(d) defective products under the Consumer Protection Act 1987; or

(e) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.

16.2 Except to the extent expressly stated in paragraph 13.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979, and sections 3 to 5 of the Supply of Goods and Services Act 1982, are excluded.

16.3 Subject to paragraph 16.1:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid and payable by you (to us) for products supplied under contracts with us in the twelve (12) months ending with the date of the relevant contract.

17. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information pursuant to the provisions set out in our Privacy Notice.

18. OTHER IMPORTANT TERMS

18.1 We may transfer our contracts with you to someone else. We may transfer our rights and obligations under our contracts with you (including these terms) to another organisation.

18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights (or your obligations) under these your contracts with us (including these terms) to another person, if we agree to this in writing. We may not agree (at our absolute discretion). However, if you are a consumer you may transfer our guarantee (at paragraph 8.4) to a person who has acquired the product (or, where the product is services, any item or property in respect of which we have provided the services). We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product (or item or property).

18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in paragraph 18.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not discuss this with you (but we continue to provide the products), we can still require you to make the payment at a later date.

18.6 Which laws apply to this contract, and where you may bring legal proceedings (if you are a consumer). These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

18.7 Which laws apply to this contract, and where you may bring legal proceedings (if you are a business customer). If you are a business customer, any dispute or claim arising out of or in connection with a contract between us, or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Privacy Notice

PROMISE COMPANY LTD – PRIVACY NOTICE 

 

INTRODUCTION

 

This Privacy Notice is provided by The Promise Company Ltd

We respect your privacy and are committed to protecting your personal data.

This Privacy Notice is intended to inform you as to how we look after your personal data – however you interact with us (including via use of our web-site(s) – and – regardless of where you visit any of them from) and to tell you about your privacy rights and how the law protects you.  Please  note that some of our websites may collect and process different data to others.  Please check the privacy notice for the specific website you are using.

This Privacy Notice has been prepared in plain English (and is provided with ‘Headings’ with the aim that you can easily review the specific areas set out below).

Please also use the Glossary to understand the meaning of some of the terms used in this Privacy Notice.

 

1. IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy notice

This Privacy Notice aims to give you information on how we collect and process your personal data, including any data you may provide through use of our website(s) when you purchase a product or service (or sign up to any of our newsletter(s), or take part in a competition).

Our website(s) are not intended for children and we do not knowingly collect data relating to children.

It is important that you read this Privacy Notice (together with any other Privacy Notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you) so that you are fully aware of how and why we are using your data.

This Privacy Notice supplements the other notices and is not intended to override them.

Controller

We are the controller and responsible for your personal data.

We have appointed one of our Directors (or another appropriate senior member of staff) to be our data privacy manager . They are responsible for overseeing questions in relation to this Privacy Notice.

If you have any questions about this Privacy Notice, including any requests to exercise your rights, please contact our data privacy manager by an email sent to:-

data@be-a.co.uk.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the Privacy Notice and your duty to inform us of changes

We keep our privacy policy under regular review. It is important that the personal data we hold about you is accurate and current.

Please keep us informed if your personal data changes during your relationship with us.

Third-party links

Our website(s) may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave any of our website(s), we encourage you to read the Privacy Notice of every website that you visit.

 

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified.

It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you – which we have grouped together as follows:

 

  • Identity Data including first name, last name, title, date of birth and gender.
  • Contact Data including billing address, delivery address, email address and telephone number.
  • Financial Data including bank account, payment card and electronic payment details.
  • Transaction Data including details about payments to and from you and other details of products and services that you have purchased from us.
  • Technical Data including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website(s).
  • Profile Data including your username and password, your interests, preferences, feedback and survey responses.
  • Usage Data including information about how you use our website(s), products and services, including any courses you select, begin or complete.
  • Marketing and Communications Data including your preferences in receiving marketing from us and third parties and your communication preferences.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data  about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

 

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

 

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply for our products or services;
  • create an account on any of our website(s);
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us some feedback.
  • Automated technologies or interactions. As you interact with any of our website(s), we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policyfor further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties (and public sources) based both inside and / or outside the EU – such as those as are set out below:
  • Technical Data from the following parties:

o analytics providers;

o advertising networks; and

o search information providers.

  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

 

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to.

Most commonly, we will use your personal data in the following circumstances:

 

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or electronic text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so.  We have also identified what our legitimate interests are where appropriate.

Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer (a) Identity

(b) Contact

Performance of a contract with you
To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a prize draw, competition or complete a survey (a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products / services, to develop them and grow our business)

To administer and protect our business and our website(s) (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products / services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website(s), products/services, marketing, customer relationships and experiences (a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website(s) updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products / services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.  We may establish a privacy centre where you can view and make certain decisions about your personal data use or the following personal data control mechanisms:

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us (or if you provided us with your details when you entered a competition or registered for a promotion) and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside of us (or our group of companies) for marketing purposes.

Opting out

You can ask us (or third parties) to stop sending you marketing messages at any time by

  • accessing any privacy centre accessible from our website(s) and checking or unchecking relevant boxes to adjust your marketing preferences; or
  • by following the opt-out links on any marketing message sent to you; or
  • by contacting us (at any time).

 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

You can set your browser to refuse all (or some) browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website(s) may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to obtain an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Internal Third Parties (within the meaning – as set out in the Glossary below).
  • External Third Parties (Ditto).
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

6. INTERNATIONAL TRANSFERS

Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

 

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
  • Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

 

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

 

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

8. DATA RETENTION

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers (for tax purposes).

In some circumstances you can ask us to delete your data: see ‘Request erasure’ in the Glossary set out below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes – in which case we may use this information indefinitely without further notice to you.

If you are entitled to lifetime access  to any of our products or services, we may retain your personal data where that is necessary to give effect to that lifetime access.

 

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see the Glossary set out below to find out more about these rights.

If you wish to exercise any of the rights set out in the Glossary, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee – if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

10. GLOSSARY

Lawful Basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Third Parties

Internal Third Parties

Other companies in our group of companies (from time to time) (including those who may be acting as joint controllers or processors).

External Third Parties

  • Service providers (such as those who provide IT, CRM, customer engagement platforms  and system administration services).
  • Professional advisers and assistance service providers (including lawyers, bankers, accountants, auditors, insurers and consultants).
  • Payment processing service providers, such as Stripe and Paypal.
  • HM Revenue & Customs, regulators and certain other public authorities.
  • Certain other third parties, for example, market researchers, fraud prevention agencies, price comparison sites etc.

Your Legal Rights

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of such personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

 

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Website Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website promisecompany.com (site). This acceptable use policy applies to all users of, and visitors to, our site.Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Website Use .

 

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

  • Chat rooms;
  • Bulletin boards; and / or
  • Other interactive features.

(interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of this website’s Terms of Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.