Terms and Conditions for SkillSight
Last updated 31/05/2018
SkillSight Terms and Conditions
These Terms will apply to any contract between us for your use of SkillSight and our supply of Services to you. Please read these Terms carefully and make sure that you understand them before registering to use our Services. If you refuse to accept these Terms, you will not be able to register for or use our Services.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 5. Each time you wish to use our Services, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms and any Contract between us are only in the English language.
Capitalised expressions in these Terms have the meanings set out in clause 20 at the end of these Terms.
1 Information about us
1.1 We operate the software and database service called SkillSight which can be accessed from our website https://www.skillsight.co.uk ("our site"). We are Reference Point Limited ("we", "us"), a company registered in England and Wales under company number 02156356 and with our registered office and main trading address at Technology House, 2-4 High Street, Chalfont St Peter, Gerrards Cross, Buckinghamshire, SL9 9QA. Our VAT number is 480192843.
1.2 Contacting us. You may contact us by telephoning our customer service team at +44 (0)1753 279927 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.
2 About SkillSight
SkillSight is our proprietary software and database system which allows Users to add details of Cardholders' training, qualifications and other information to Cards and edit such details online.
3 Business Users only
3.1 Consumers may not register for or use our Services.
3.2 You confirm that you have authority to bind the business or organisation on whose behalf you register for and use our site and Services.
4 How the Contract is formed between you and us
4.1 Our site will guide you through the steps you need to take to Register for the Services. Our site allows you to check and amend any errors before submitting your application. Please take the time to read and check your application at each page of the process.
4.2 Your application is subject to our approval. If we approve your application, the Contract between us will be formed when we send you login details for the Services.
5 Our right to vary these Terms
5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
5.2 We may revise these Terms as they apply to your use of our site and Services from time to time by giving you 30 days' prior written notice and, for such purposes, posting a notice of such changes on our site shall constitute valid notice. If we revise these Terms under this clause, until the abovementioned notice period expires, you shall have the right to terminate the Contract by giving us written notice of your intention. Our obligation in clause 16.4.3 is the only obligation or liability we shall have to you in respect of such termination.
6 How we use your personal information
7 Your right to use the Services
7.1 Subject to the restrictions set out in this clause 7 and the other provisions of these Terms, we hereby grant to you a non-exclusive, non-transferable right to permit Your Users to access and use the Services during the Contract Term solely for your internal business/organisational operations.
7.2 You will ensure that each of Your Users shall keep a secure password for his/her use of the Services and shall keep his/her password confidential.
7.3 During the course of your and Your Users' use of the Services you shall not, and you shall not permit any of Your Users to access, store, distribute or transmit any Viruses or other material that:
7.3.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
7.3.2 facilitates illegal activity;
7.3.3 depicts sexually explicit images;
7.3.4 promotes unlawful violence;
7.3.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
7.3.6 is in a manner that is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability or prejudice to our other rights, to remove and/or disable your access to any Card, data or material that breaches the provisions of this clause.
7.4 You shall not:
7.4.1 except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
18.104.22.168 and except to the extent expressly permitted under these Terms, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Database (as applicable) in any form or media or by any means; or
22.214.171.124 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
7.4.2 access all or any part of the Services and Database in order to build a product or service which competes with the Services and/or the Database; or
7.4.3 use the Services and/or Database to provide services to third parties; or
7.4.4 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Database available to any third party except Your Users, or
7.4.5 attempt to obtain, or assist third parties in obtaining, access to the Services and/or Database, other than as provided under this clause 7.
7.5 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Database and, in the event of any such unauthorised access or use, promptly notify us.
8 The Services
8.1 Subject to you meeting your obligations under the Contract, we shall, during the Contract Term and subject to these Terms:-
8.1.1 provide you with online access to SkillSight, including the online Software comprised in it; and
8.1.2 provide you with online access to your Segment and/or (depending on the type of membership you have chosen and whether other Members have agreed to link with you) other parts of the Database.
8.2 We may update the way SkillSight works at our discretion and without notice to you, although we will try and give you notice. This may include, without limitation and at our discretion: changing the data fields held in the Database; changes to our Software and/or System; adding new functionality and/or Card reading options; and/or adapting our Services for new technology.
9 The Database and Your Data
9.1 Our Database is multi-tenanted and segmented. Each Segment is private and not linked to any other Segment. Through the Services Your Users can input details about your Cardholders into your Segment and can view and edit that data and download and print reports of that data. Except as set out below in this clause 9, SkillSight will not allow you to view, edit, delete or download any other Member's data in their Segment, nor will it allow any other Member to view, edit, delete or download any of Your Data in your Segment.
9.2 Information inputted into the Database by Training Providers (such as details of training courses attended by Cardholders and the results of such training) will be viewable by any other member which has registered that Cardholder in SkillSight.
9.3 A Group Member will be able to view, download and print reports of the Records held for all Cardholders Registered by a Member which has linked to that Group Member and given it permission to do so through the "Admin" menu on our site. Group Members cannot edit or delete Records.
9.4 Group Members can set up standardised lists of courses, qualifications and similar, to offer to Members linked to it. If you are a Group Member, you can edit and delete the content of these lists but you will not be able to edit or delete an item from your list once a Member has linked it to a Cardholder.
9.5 With the exception of any employee number and any attachment stored under the Cardholder tab labelled "Documents", all data in the System relating to a Cardholder, including without limitation PDF documents attached to a Cardholder's Record, will potentially be visible to anyone reading the Cardholder's Card, and some data in the System, including data entered by Your Users, may be copied onto the Card itself.
9.6 All data insertions, changes and deletions to a Record will be logged in an audit trail attached to the Record and will be accessible by all Members who have or had access to the data and to all Group Members which have linked to those Members.
9.7 You shall own all rights, title and interest in and to all of Your Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data.
9.8 In the event of any loss or damage to Your Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore Your Data that is lost or damaged from the latest back-up of such Your Data maintained by us in accordance with our normal back-up procedures. We shall not be responsible for any loss, destruction, alteration or disclosure of Your Data caused by any third party (except those third parties sub-contracted by us to perform services related to the maintenance and back-up of Your Data).
9.10 Both you and we will comply with all applicable requirements of the Data Protection Legislation. This clause 9.10 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
9.11 Without prejudice to the generality of clause 9.10, we will in relation to any personal data processed in connection with our performance of our obligations under these Terms and/or the Contract process that personal data only on your written instructions unless we are required to process the data by Applicable laws. Where we are relying on the laws of a member of the European Union or European Union law as the basis for processing personal data, we will promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you. We will inform you if, in our opinion, an instruction from you infringes the Data Protection Legislation or Applicable Laws.
9.12 The scope, nature and purpose of processing by us, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation) and categories of Data Subject are set out at Appendix 1, as amended from time to time by us at our sole discretion. For the avoidance of doubt, you agree that these Terms and/or the Contract comprise your documented instructions to us (in accordance with Article 28.3(a) of the relevant Data Protection Legislation) to process any personal data that forms part of Your Data.
9.13 We will process personal data on your behalf when performing our obligations under the Contract and you and we record our intention that you shall be the data controller and we shall be a data processor and in any such case:
9.13.1 we shall store Your Data on servers within the European Economic Area and we will not transfer any of Your Data that constitutes personal data outside of the EEA unless the following conditions are fulfilled:
126.96.36.199 there are appropriate safeguards or an adequacy decision in relation to the transfer as set out in the Data Protection Legislation; or
188.8.131.52 the transfer otherwise complies with the Data Protection Legislation;
9.13.2 you shall ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer the relevant personal data to us for the duration and purposes of the Contract so that we may lawfully use, process and transfer the personal data in accordance with these Terms on your behalf including but not limited to enabling us lawfully to view Your Data for the purposes of support, investigation of potential abuse, monitoring of system performance and account management;
9.13.3 you shall ensure that all relevant data subjects and third parties have been informed of, and have given their explicit and informed consent to, such use, processing, and transfer as required by the Data Protection Legislation and any other all applicable data protection laws;
9.13.4 both you and we shall have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of the personal data and against its accidental loss, destruction or damage appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any such measures (those measures may include, where appropriate, pseudonymising and encrypting the personal data, ensuring confidentiality, integrity, availability and resilience of our systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted);
9.13.5 we will ensure that all staff authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
9.13.6 we will notify you without undue delay on becoming aware of any personal data breach;
9.13.7 we will provide you with all reasonable assistance in responding to any request from a Data Subject that you or we receive in connection Your Data;
9.13.8 you will indemnify us in respect of any loss or liability which we reasonably incur in connection with any request from a Data Subject that you or we receive in connection Your Data;
9.13.9 we will assist you ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
9.13.10 we will make available to you all information necessary to demonstrate compliance with the obligations set out at Article 28 of the relevant Data Protection Legislation and permit and contribute to audits, including inspections, conducted by you or another auditor of your choice for the purpose of ensuring such compliance; and
9.13.11 you and we will maintain complete and accurate records and information to demonstrate compliance with this clause 9.
9.14 You consent to us appointing third party processors (collectively, "sub-processors") to process Your Data including personal data on our behalf. The sub-processors currently engaged by us and authorised by you are set out at Appendix 2. We confirm that:
9.14.10 we will enter into with each third-party processor a written agreement incorporating terms substantially similar to clauses 9.10 to 9.13 and clause 16.4.3 of these Terms;
9.14.11 as between you and us, we will remain liable for all acts or omissions of any third-party processor appointed by us pursuant to this clause 9.14;
9.14.12 should you object to the appointment of any new sub-processor on reasonable grounds relating to the processing of personal data, we shall discuss with you reasonable alternative solutions in good faith. If no resolution can be reached, we will, at our sole discretion, either not appoint the new sub-processor, or permit you to terminate the Service in accordance with the termination provisions of these Terms.
9.15 Upon request from a Cardholder, you will delete the Cardholder's Record from your Segment. You acknowledge and agree that when a Cardholder's Record is deleted, all historic data transactions relating to the Record will remain logged in the audit trail.
9.16 You have a duty of care to the Cardholders you Register in your Segment and you will only enter data about them you believe in good faith to be honest and reliable. You will ensure that Your Users do not enter data you know to be incorrect, misleading or invalid and if you discover that any data you have entered is incorrect, misleading or invalid, you will promptly correct it.
9.17 You will not Register a Cardholder or input data about a Cardholder into SkillSight without first explaining the nature of the Services and Database, how the Cardholder's data will be used, who will be able to view it and what it will be used for, and without first gaining the Cardholder's permission.
9.18 By enabling Cards for CourseSight you consent to, and warrant that you have obtained each relevant Cardholder's consent to, our use of the relevant data about those Cardholders on the terms and basis of, and for the purposes set out in, the CourseSight Terms and Conditions.
9.19 We reserve the right to deactivate any Card so that it will no longer work with our Database and/or Services, at any time and without compensation or liability to you, if we consider (acting reasonably) that: you or the Cardholder are in material non-compliance with the Contract; or any data on the card is incorrect or misleading; or if any Cardholder requests us to deactivate their Card.
9.20 No formal limit is set for the number of PDF attachments you can store in the Database, but we reserve the right in the future to impose a limit and/or charge for excess data storage at our discretion.
9.21 You acknowledge and agree that anybody who reads a Card using compatible Card-reading software and hardware will be able to view, save and print Your Data as it appears on the relevant Card.
9.22 If a Cardholder gives us permission to use any of Your Data which relates to him for any purpose, you agree that we may use that part of Your Data for that purpose.
10 Third party providers
11 Our obligations
11.1 We undertake that we shall use reasonable endeavours to perform and make available the Services using reasonable skill and care.
11.2 The undertaking at clause 11.1 shall not apply to the extent of any non-conformance which is caused by any use of the Services contrary to our instructions, or modification or alteration of the Services by any party other than us or our duly authorised contractors or agents.
11.3.1 do not warrant that your use of the Services will be uninterrupted or error-free, or that the Services, the Database and/or the information obtained by you through the Services will meet your requirements; and
11.3.2 are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services and Database may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
11.4 You acknowledge that the Database is populated with information supplied to us by Your Users and other third party Members and, as such, we cannot guarantee the accuracy of such information. We do not monitor the information uploaded into the Database, nor do we take any steps to verify its accuracy. You are entirely responsible for the accuracy of all Records you or Your Users input (or supply to us for inputting on your behalf) into the Database.
11.5 You acknowledge that we have no control over the internet or the services supplied by our internet service provider and cannot guarantee uninterrupted or error free access to the Services or Database.
11.6 These Terms shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these Terms.
11.7 We warrant that we have and will maintain all necessary licences, consents, and permissions necessary for the performance of our obligations under these Terms.
11.8 We shall not be liable to you under the above warranties to the extent that any failure of, or defect in, the Services is caused by the Services (or any part of them): having been used outside these Terms; or having been subjected to damage or abuse by you or any third party authorised by you; or having been altered, modified or changed other than by us or with our written consent.
11.9 It is your responsibility to ensure that all computer equipment or software which you use to access the Services and the Database is adequate for such purpose and we will not be responsible for any failure caused by the same being inadequate in any way.
11.10 In return for the benefit of the above warranties, you agree that, save as expressly accepted by us in these Terms, all other warranties, express or implied, including but not limited to all warranties, conditions or other terms implied by statute, common law, custom, trade, usage, course of dealing or otherwise, are excluded to the fullest extent permitted by the law applicable to the Contract.
12 Your obligations
12.1 provide us with all necessary co-operation in relation to the Contract;
12.2 provide us with all necessary access to such information and materials as may be required by us in order for us to provide the Services, including but not limited to Your Data;
12.3 comply with all applicable laws and regulations with respect to your activities under these Terms;
12.4 carry out all your other responsibilities set out in these Terms in a timely and efficient manner. In the event of any delays in your provision of such assistance as agreed by the parties, we may adjust any agreed timetable or schedule as reasonably necessary;
12.5 ensure that Your Users use the Services and the Database in accordance with these Terms and the Data Protection Legislation and shall be responsible for any authorised User's breach of these Terms and/or that legislation;
12.6 obtain and maintain all necessary licences, consents, and permissions necessary for us, our contractors and agents to perform our/their obligations under the Contract, including without limitation the right to use Your Material in the provision of the Services; and
12.7 be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our System and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
13 Proprietary rights
13.1 Except for Your Materials and the data belonging to other Members and Group Members, you acknowledge and agree that we and/or our licensors own all intellectual property rights in the Services and the Database. Except as expressly stated in these Terms, the Contract does not grant you any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Database.
13.2 We confirm that we have all the rights in relation to the Services and the Database that are necessary to grant all the rights we purport to grant under, and in accordance with, these Terms.
14.1 You shall defend us, indemnify us and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services and/or our processing and/or use of Your Material as permitted under these Terms. We will give you:
14.1.1 prompt notice of any such claim;
14.1.2 our reasonable co-operation in the defence and settlement of such claim, at your expense; and
14.1.3 if we consider it appropriate, in our sole discretion, authority to defend or settle the claim.
15 Limitation of liability
15.1 This clause 15 sets out our entire financial liability of (including without limitation any liability for the acts or omissions of our employees, agents and sub-contractors) to you:
15.1.1 arising under or in connection with these Terms;
15.1.2 in respect of any use made by you of the Services and Database or any part of them; and
15.1.3 in respect of any representation, statement or tortious act or omission (including without limitation negligence) arising under or in connection with these Terms.
15.2 Except as expressly and specifically provided in these Terms:
15.2.1 you assume sole responsibility for results obtained from the use of the Services and the Database by you, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Services, or any actions taken by us at your direction;
15.2.2 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms; and
15.2.3 the Services are provided to you on an "as is" basis.
15.3 Nothing in these Terms excludes our liability for:
15.3.1 death or personal injury caused by our negligence; or
15.3.2 fraud or fraudulent misrepresentation.
15.4 Subject to clauses 15.2 and 15.3 above:
15.4.1 we shall not be liable whether in tort (including without limitation for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under the Contract; and
15.4.2 our total aggregate liability in contract, tort (including without limitation negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract, shall be limited to £100.
15.5 The Services, Database and System are owned, managed and delivered by us. CSCS has no liability for the Services and Database whatsoever.
15.6 By using the Services and Database, you accept that other Members have no liability to you for any inaccuracies in any data they input into the Database.
16 Term and termination
16.1 The Contract shall commence on the date when we send you login details for the Services and shall continue until either you or we notify the other of termination in writing.
16.2 We reserve the right to cease providing the Services and/or the Database and/or terminate your Membership on giving you notice (which includes, without limitation, by us posting a notice on our site) at any time and without the need for cause or any requirement to give you a reason.
16.3 Our obligation in clause 16.4.3 is the only obligation or liability we shall have to you in respect of the termination of the Contract.
16.4 On termination of the Contract for any reason:
16.4.1 all licences and rights granted to you under these Terms shall immediately terminate;
16.4.2 you shall make no further use of the Services and Database;
16.4.3 We will within a reasonable period permanently delete Your Data from the Database (except, if you are a Group Member, to the extent items comprising Your Data such as courses and qualifications have been linked to a Cardholder's Record) unless we receive, no later than ten days after the date on which the Contract terminates, a written request for the delivery to you of the then most recent back-up of the Records in your Segment comprising Your Data. Unless you have materially breached the Contract (in which case we shall have no obligation to you) we shall use reasonable commercial endeavours to deliver the back-up to you, in a CSV file format, within 30 days of our receipt of your written request. You shall pay all reasonable expenses incurred by us in returning or deleting Your Data;
16.4.4 any rights, remedies, obligations or liabilities of ours or yours that have accrued up to the date of termination, including but not limited to the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination shall not be affected or prejudiced; and
16.4.5 those Terms which are expressly or by implication intended to survive termination of the Contract shall continue in full force and effect, including without limitation clauses 9.10.5, 13, 14, 15, 16.4.5 and 19.
17 Events Outside Our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
17.3.1 we will endeavour to contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the Services to you, we will endeavour to recommence those Services as soon as reasonably possible after the Event Outside Our Control is over.
18 Communications between us
18.1 When we refer in these Terms to "in writing", this will include e-mail.
18.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or by e-mail or, in the case of a notice by us to you only, by posting a notice on our site.
18.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; or if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or if sent by e-mail, one Business Day after transmission; or if sent by posting a notice on our site, 10 days after the posting appears on our site.
18.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post; or in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee; or in the case of a posting on our site, that such notice was posted on our site.
18.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19 Other important terms
19.1 These Terms, and any documents referred to in them, constitute the whole contract between you and us and supersede any previous arrangement, understanding or agreement between you and us relating to the subject matter they cover. You acknowledge and agree that in entering into the Contract, you do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms or on the relevant pages of our site.
19.2 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under the Contract. We will always notify you in writing or by posting on our site if this happens.
19.3 You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.
19.4 This Contract is between you and us. Except as expressly and specifically referred to in these Terms, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that CSCS can rely directly on clause 15.5.
19.5 Each of the provisions of the Contract operates separately. If any court or relevant authority decides that any of them (or any part of any of them) is unlawful or unenforceable, the remaining provisions will remain in full force and effect. If any unlawful or unenforceable provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to your and our commercial intention.
19.6 If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.7 Nothing in these Terms is intended to or shall operate to create a partnership between you and us, or authorise either you or us to act as agent for the other, and neither you or we shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
19.8 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.9 You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including but not limited to non-contractual disputes or claims).
20.1 The definitions and rules of interpretation in this clause apply in these Terms.
20.2 In these Terms the following expressions have the following meanings:
"Applicable Laws" means the laws of any member of the European Union or the laws of the European Union applicable to us.
"Business Day" means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
"Card" means a CSCS Smartcard or any other smartcard or virtual card that is compatible with the Services, Software, System and Database.
"Cardholder" means the person to whom the data on a Card refers.
"Contract" means the contract made under these Terms between you and us for your use of SkillSight and our supply of the Services to you.
"Contract Term" means the period from when we issue you with a login until we or you terminate your Membership and the Contract.
"CourseSight" means our online training booking system that links with SkillSight.
"CSCS" means the Construction Skills Certification Scheme Limited.
"CSCS Smartcard" means a smartcard issued in the UK by CSCS or a compatible card issued by an organisation approved by CSCS.
"Database" means our database of Cardholder data within SkillSight.
"Data Protection Legislation" means the General Data Protection Regulation (GDPR) ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and any successor legislation thereto.
"Data Subject" has the meaning ascribed to it in the Data Protection Legislation.
"Group Member" means an organisation or other entity that has opted to register for the Services as a "Group Member", being an organisation or entity (such as a trade body) which has relationships with Members but does not input Records in its own right.
"Member" means an organisation or other entity that has opted to register for the Services, other than a Group Member, and that has been accepted by us as a Member.
"Membership" means membership of SkillSight giving a right to access and use the Services in accordance with these Terms.
"personal data" means data subject to protection under data protection law in any jurisdiction.
"Record" means the data relating to an individual Cardholder held on a Card and/or the Database from time to time.
"Register" means a Member creating a Cardholder Record in its Segment and "Registered" shall be construed accordingly.
"Segment" means a segment of the Database allocated to a Member and in which that Member's data is stored.
"SkillSight" means our software and database system described in clause 2 and on our site.
"Services" means the online software and database services provided by us to you under these Terms, as more particularly described in clause 8 and on our site.
"Software" means the online software application provided by us as part of the Services.
"System" means the computer system on and through which the data in the Database is stored and made available to you.
"Terms" means these legal Terms and Conditions.
"Training Provider" means a Member which provides training courses for Cardholders.
"User" means anyone who is authorised to access the Services and Database.
"Virus" means any device or thing (including but not limited to any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including but not limited to the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including but not limited to worms, trojan horses, viruses and other similar things or devices.
"Your Data" means data which you or Your Users or we (on your behalf) input into the Database.
"Your Material" means Your Data and any other information or materials which you or Your Users supply to us in connection with the Contract and/or Services.
"Your Users" means those of your employees, agents and independent contractors who are authorised by you to use the Services and the Database.
20.3 Clause headings shall not affect the interpretation of these Terms.
20.4 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
20.5 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
20.6 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular and a reference to one gender shall include a reference to the other genders.
20.7 A reference to a statute or statutory provision is a reference to it as it is in force as at the date of these Terms.
20.8 A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of these Terms under that statute or statutory provision.
20.9 A reference to writing or written includes, without limitation, faxes and e-mail.
20.10 References to clauses are to the clauses of these Terms.
What are cookies?
Cookies are small text files placed on your computer by us or our partners. They let us identify the device you’re using – but not you personally. This information is sent back to our systems as you move around our website.
Cookies are unique to the web browser you’re using – so if you’re using a desktop computer as well as a mobile, different data will be collected for each.
You can find more information on the About Cookies Website
Cookies can be set by the owner of the website you’re on. These are known as 1st Party Cookies. There are also 3rd Party Cookies that can be set by partner websites. Only the owner of the cookie can see the anonymous information it collects.
You can choose to accept all cookies, reject 3rd Party Cookies or reject all cookies by changing your internet browser settings. If you don’t accept cookies, some features of our website won’t work.
Refusing cookies and changing your mind after you’ve accepted
You can change your browser settings to accept or refuse all cookies, choose which cookies you want or don’t want, or ask to be notified when a cookie is set. Use the help feature in your browser to see how.
Changing your mind after you’ve accepted our cookies
|Processing by Reference Point Limited|
|1.||Nature||Organisations register to use the system. Their contact details are captured at time of registration for account management purposes including, in some cases, verification checks to ensure they are authorised to act on behalf of the organization they purport to work for. Registered users create records for people holding CSCS and CSCS compatible smartcards and then add information about training and qualifications the cardholders have undertaken. This information is transferred to the cardholders’ cards when their cards are checked online using CSCS Go Smart software or compatible software. The software then reads the information from the card (alongside the core data on the card) and displays it to the person checking the card. Each card read is logged in an audit trail on the card checker’s device.|
|2.||Purpose of Processing||In the case of registered users, for managing their accounts. In the case of CSCS and compatible cardholders, for storing information about their training and qualifications so that these can be transferred to their smartcards and surfaced when their cards are checked.|
|3.||Duration of Processing||In the case of SkillSight, for as long as a person is registered in SkillSight either as a user or as a cardholder. In the case of data storage in encrypted backups, for a period of up to three years after a person’s record has been deleted from skillSight.|
|4.||Types of Personal Data||For registered users, contact details are stored. For CSCS and compatible cardholders, their name, card registration number, card details (optional), employee number (optional), NI number (optional), training and qualifications are held and processed.|
|5.||Categories of Data Subject||People registering to use SkillSight. CSCS and compatible smartcard holders.|
List of Third Party Sub-Processors
- SendGrid – for sending emails
- Microsoft Azure – hosting platform
- Raygun – for diagnosing system errors
- Google Analytics – for monitoring system use and performance
- Office 365 – for communicating with registered users