Privacy Policy


This website is operated by Buildmyconfidence.net Limited (“Build My Confidence”, “we”, “our”, “us”) and we own, operate and maintain www.buildmyconfidence.net, the online service which enables our customers to access business skills training modules online. We are a company registered in England under company number 14080294. Our registered address is 1556 Stratford Rd, Birmingham B28 9HA and we operate from The Old Farmhouse, West End Road, Silsoe, Bedfordshire MK45 4DU.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us by email at hello@buildmyconfidence.net.

This Privacy Policy is intended to provide you with information on how Build My Confidence collects and processes your personal information (“Data”) and for which purposes we may process the data.

Build My Confidence will be the administrator of any Data that you supply, either via the Build My Confidence website or via direct contact. This means that we will make the decisions on how your Data is used and for what purposes.  

Why do we need your Data?

- To provide further information on services we provide.
- To contact you regarding services you have procured or are negotiating to procure.

Build My Confidence’s legal basis for collecting this Data is:

- You consent to providing it to us.
- Build My Confidence needs to use this to enter into a contract with you or maintain an existing one.

What types of Data will Build My Confidence use?

We may collect, store and use the following kinds of personal information about individuals who visit and use our website:

Information you supply to us -

  • You may initially supply us with information about you and your organisation by filling in the ‘Contact’ form on https://www.buildmyconfidence.net/contact. The information you give us may include your name, company details, e-mail address and phone number.

  • When you sign up for an account (User), we will use your personal information to process your application and provide you with your account details. The details we collect from you when you sign up for an account include your name, email address, organisation name and job title. We need to process your personal information in this way in order to enter into and perform our obligations under our contract with you, in accordance with our User Terms and Conditions (see below).

  • When you sign up candidates (Candidate) for whom you wish to purchase access to selected business modules ( Training Assignments). We will use their personal information (email address) to provide access to the Assignment/ s and to make available the responses to the user of the Training Assignment for the duration of the agreed contract length. The details we collect will include the answers given to the Training Assignment questions. We need to process your personal information in this way in order to enter into and perform our obligations under our contract with you, in accordance with our User Terms and Conditions (see below).

Information our website automatically collects about you

For each of your visits to our website we may automatically collect technical information, including a truncated and anonymised version of your Internet protocol (IP) address, browser type and version, operating system and platform; information about your visit, including what pages you visit, how long you are on the site, how you got to the site (including date and time); page response times, length of visit, what you click on, documents downloaded and download errors.

We are also working closely with analytics providers, hosting providers and search information providers from whom we may also receive general aggregated anonymous information about you. We will combine the information you provide to us with information we collect about you.

When you contact us by phone, email or through social media

When you contact us, we may also handle your personal information (your name, contact details and the other details you provide to us) in order to provide the customer services you have asked us to. This could be when you ask us to provide more information about Build My Confidence, or explain how to access a module / Training Assignment.

We rely on your consent to handle your personal information in this way. If you do not provide us with the personal information we request from you for customer services purposes, we may not be able to fully answer your queries.

When you have expressed an interest in Build My Confidence

This section applies if you have opted in to receive marketing communications from us, or have previously expressed an interest in Build My Confidence and not opted out.

  • We will handle your personal information (such as your name, email address, postal address, telephone number and sector preferences) to provide you with marketing communications in line with any preferences you have told us about.

  • When we send you marketing emails because you have opted-in to receive them, we rely on your consent to contact you for marketing purposes.

  • If you have not opted-in and we send you marketing emails, we do this because of our legitimate interest to promote the success of Buildmyconfidence.net Limited.

  • Every email we send to you for marketing purposes will also contain instructions on how to unsubscribe from receiving them.

  • You are not under any obligation to provide us with your personal data for marketing purposes.

  • You can tell us that you do not want your personal information to be processed in this way at any time by contacting us at hello@buildmyconfidence.net or, where relevant, by following the unsubscribe link shown in every marketing communication you receive from us.

To make our service better

  • We will also use your personal information to provide you with a more effective user experience (such as by displaying content we think you will be interested in).

  • We also share your aggregated, anonymous data with third party analytics and search engine providers that assist us in the improvement and optimisation of our site.

  • We will also use your personal information for the purposes of making our site more secure, and to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

  • We process your data for this reason because we have a legitimate interest to provide you with the best experience we can, and to ensure that our site is kept secure.

  • You can prevent us from using your personal information in this way by using the 'do not track' functionality in your internet browser. If you enable do not track functionality, our site may be less tailored to your needs and preferences.

If our business is sold

We will transfer your personal information to a third party:

  • if we sell or buy any business or assets, we will provide your personal information to the seller or buyer (but only to the extent we need to, and always in accordance with data protection legislation); or

  • if Buildmyconfidence.net Limited or the majority of its assets are acquired by somebody else, in which case the personal information held by Buildmyconfidence.net Limited will be transferred to the buyer.

We process your personal information for this purpose because we have a legitimate interest to ensure our business can be continued by the buyer. If you object to our use of your personal information in this way, the relevant seller or buyer of our business may not be able to provide services to you.

In some circumstances we may also need to share your personal information if we are under a duty to disclose or share it to comply with a legal obligation.

Who will Build My Confidence share your Data with?

- We will not share it with any third party.
- Build My Confidence’s website is hosted by SquareSpace. For further information please see the SquareSpace Privacy Policy. https://www.squarespace.com/privacy

Where is my Data stored?

All information that you provide to us is stored in the EEA on our secure servers or those of our third party data storage providers. Whenever we transfer your personal information outside of the EEA, we ensure it is protected by making sure at least one of the following safeguards is in place:

  • by transferring your personal information to a country that has been deemed to provide an adequate level of protection by the European Commission;

  • by using specific contracts approved by the European Commission which give your personal information the same protection it has where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

To keep this privacy policy as short and easy to understand as possible, we have not set out the specific circumstances when each of these protection measures are used. You can contact us at hello@buildmyconfidence.net for the details as to how we protect specific transfer of your data.

How long will Build My Confidence keep my Data for?

Build My Confidence will only retain your Data for as long as necessary to provide the services you have procured, and/or to provide further information on relevant services we provide. Where you are a User of Build My Confidence, we will retain your data during the duration of your account being live, to ensure that we are able to assist you should you have any questions, feedback or issues in connection with your account or if any legal issues arise.

Where you are a Candidate of a module / Training Assignment, we will retain your data for as long as it is required to service the requirements of the User with relation to our obligations under our contract with the User, in accordance with our User terms and conditions. If you are not happy for us to keep your contact details following the end of your engagement with Build My Confidence so we have them should you contact us again in the future, please confirm to us via email.

Where we have processed your data for any other reason (such as where you have contacted us with a question in connection with subscription pricing) we will retain your data for 2 years. Otherwise, we will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or legal requirements. To determine the appropriate retention period for the personal information we hold, we consider the amount, nature and sensitivity of the personal information, the risk of harm from unauthorised use or disclosure of your personal information, the reasons

What rights do I have regarding my Data that Build My Confidence holds?

You have various rights under the data protection laws, which you can exercise by contacting us. The easiest way to do this is by email at hello@buildmyconfidence.net .

Right to object You have the right to object to us handling your personal information when:

  • we are handling your personal information based on our legitimate interests (as described in the “What types of Data will Build My Confidence use?” section above). If you ask us to stop handling your personal information in this way, we will stop unless we can show you that we have compelling grounds as to why our use of your personal information should continue; or

  • for marketing purposes. If you ask us to stop handling your personal information on this basis, we will stop.

Right of access You are entitled receive confirmation as to whether your personal information is being processed by us, as well as various other information relating to our use of your personal information. You also have the right to access your personal information which we are handling.

Right to rectification You have the right to require us to rectify any inaccurate personal information we hold about you. You also have the right to have incomplete personal information we hold about you completed, by providing a supplementary statement to us.

Right to restriction You can restrict our processing of your personal information where:

  • you think we hold inaccurate personal information about you;

  • our handling of your personal information breaks the law, but you do not want us to delete it;

  • we no longer need to process your personal information, but you want us to keep it for legal reasons; or

  • where we are handling your personal information because we have a legitimate interest (as described in the “What types of Data will Build My Confidence use?” section above, and are in the process of objecting to this use of your personal information.

  • where you exercise your right to restrict us from using your personal information, we will then only process your personal information when you agree, except for storage purposes and to handle legal claims.

Right to data portability You have the right to receive your personal information in a structured, standard machine readable format and to send this to another organisation controlling your personal information. This right only applies to your personal information we are handling because you consented to us using it or because there is a contract in place between us.

Right to erasure You have the right to require us to erase your personal information which we are handling in the following circumstances:

  • where we no longer need to use your personal information for the reasons we told you we collected it for;

  • where we needed your consent to use your personal information, you have withdrawn your consent and there is no other lawful way we can continue to use your personal information;

  • when you object to our use of your personal information and we have no compelling reason to carry on handling it;

  • if our handling of your personal information has broken the law; and

  • when we must erase your personal information to comply with a law we are subject to.

Right to complain You have the right to lodge a complaint with the Information Commissioner's Office, the supervisory authority for data protection issues in England and Wales.

What if there are Third party links on the website?

Our website may, from time to time, contain links to and from the third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Will there be any automated decision making using my Data?

No.

What if there are any changes to this Privacy Policy?

Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back for any updates. This Privacy Policy was last updated 24 January 2024.

Who can I contact if I have concerns about the use of my Data?

Please contact Build My Confidence via email: hello@buildmyconfidence.net or phone: 01525 862596

Cookie Policy


Build My Confidence (“Build My Confidence”, “we”, “our”, “us”) uses cookies on its website. By using our website or clicking Accept, you consent to the use of such cookies.
Our Cookie Policy explains what cookies are and what types of cookies we may use on our website.

What are Cookies?

A cookie is a text file we may transfer to your hard drive through your web browser when you visit our website. Cookies allow us to recognise you when you visit the website and therefore help us improve our service to you by remembering your preferences. Cookies may also be used to compile aggregate information about use of our website, for example, the areas of our website which are visited most frequently. This aggregate information can be used to enhance the content of our website and make your use of them easier.

Some cookies (session cookies) are stored in a browser session and they will be deleted when the browser is closed. Other cookies (persistent cookies) are stored for a certain period and will self-delete at the expiration of this period or earlier, if you take action to delete them from your browser.

Types of cookies being used on our websites

Google Analytics: This cookie measures traffic on the website allowing us to know where a visitor to our website came from (e.g., search engine, keyword, link), number of visits, time of first visit, and how long the visitor spends on our website.

PHPSESSID: This session cookie is used to improve the user experience on the website by informing us whether a visitor has been to the website before. Location related: These cookies tell us about your location, by using your IP address, so that we may be able to serve more relevant content to you during your visit to the website. We may work with third parties to perform the aforementioned services for us, so our service providers may have access to this information as they help us improve user experience on our website. If you delete cookies or refuse to accept them, you might not be able to use certain features offered on our website.

Who can I contact if I have questions about the use of cookies on the website?

Please contact Build my confidence via email: hello@buildmyconfidence.net or phone: 01525 862596

Terms & Conditions


This website is operated by Buildmyconfidence.net Limited (“Build My Confidence”, “we”, “our”, “us”) and we own, operate and maintain www.buildmyconfidence.net, the online service which enables our customers to access business skills training modules online. We are a company registered in England under company number 14080294. Our registered address is 1556 Stratford Rd, Birmingham B28 9HA and we operate from The Old Farmhouse, West End Road, Silsoe, Bedfordshire MK45 4DU. . By using this site, you agree to the terms and conditions provided below.

These are the terms and conditions on which we provide you (as a “User”) with access to the websites at www.buildmyconfidence.net and the online service providing business skills modules (“Training Assignments and Modules”), inviting people (“Candidates”) to complete those modules, and reviewing Candidates’ responses to the Training Modules. For the terms and conditions which apply to Candidates’ use of the Sites, please see our Candidate Terms and Conditions below.

If you have any questions about these Terms and Conditions, including any requests to exercise your legal rights, please contact us by email at hello@buildmyconfidence.net. If we have to contact you we will do so by telephone, by email address or by post, using the contact details you provide when you register an Account with us.

OUR CONTRACT WITH YOU

The Terms These terms and conditions and the documents referred to in them (together the “Terms”) shall govern the contract between us and you in relation to your use of www.buildmyconfidence.net and the services it provides. You should print a copy of the Terms for future reference.

Your agreement to the Terms By using this site, you agree to be bound these Terms. When registering to use Build My Confidence, you will need to click on the button marked "Tick this box if you have read and agreed to our terms and conditions". By clicking this button and completing the registration process, you confirm that you have read, accept and agree to be bound by the Terms. If you do not agree with any of the Terms, you should not continue to use the Site or proceed with your registration for an Account.

If you are a business user then our contract is with your Organisation. By registering to use Build My Confidence, you confirm that you have authority to bind your Organisation and that your Organisation accepts and agrees to be bound by the Terms. Your Organisation is then responsible for ensuring that all users of your Account comply with these Terms.

OUR RIGHT TO MAKE CHANGES

Changes to the Terms We may amend or change the Terms at any time. If we do, we will notify you and you may either accept the changes and continue to use Build My Confidence or contact us to end the contract before the changes take effect and receive a refund for any Subscription Credits paid for but not used.

Minor changes to Build My Confidence We may change Build My Confidence from time to time, to reflect changes in relevant laws and regulatory requirements, and to implement minor technical adjustments and improvements.

More significant changes to Build My Confidence. If we plan any major changes to Build My Confidence we will notify you and you may then contact us to end the contract before the changes take effect or contact us to end the contract before the changes take effect and receive a refund for any Subscription Credits paid for but not used.

YOUR ACCOUNT

Registering an Account. In order to use Build My Confidence, you need to register an account with us (an “Account”) and provide certain details about you and, if you are a business user, your Organisation (“Account Details”).

If you are a business user and you are registering an Account on behalf of your Organisation you must do so as an authorised person at your Organisation. It is your responsibility to ensure that your Organisation’s policies and procedures are adhered to when you register an Account or purchase a Subscription.

Activation of your Account. Your Account will only be activated once we have approved your registration. We are not obliged to accept any registration, and may refuse to register any Account at our sole discretion.

You are responsible for your Account. You must keep your Account Details up to date and accurate at all times. You are responsible for ensuring your passwords and login details are kept securely and therefore you will be responsible for all activity on your Account, including any charges that are incurred. You must notify us immediately if you become aware of any unauthorised use of your password or Account.

ACCESS

Basic access. Once your Account has been activated, you will be granted access to Build My Confidence. With this access you will be able to use all of the functionality of Build My Confidence to complete training assignments or review the status of any completed training.

Suspension of access. Your access to Build My Confidence may be suspended temporarily and without notice in the case of system failure, unscheduled maintenance or repair, or for reasons beyond our control. While we work to ensure that Build My Confidence is available 24 hours a day, we cannot be held responsible if, for any reason, Build My Confidence is unavailable at any time or for any period. We may also suspend access if you are in breach of our Acceptable Use Policy (see below).

YOUR USE OF BUILD MY CONFIDENCE

Acceptable Use. Build My Confidence is an online service which enables you to undertake training assignments.

Unacceptable Use. You may not use Build My Confidence: (i) to send any unsolicited marketing or other unsolicited correspondence; (ii) to spam, phish, pharm, pretext, spider, crawl, or scrape; (iii) for any unlawful purpose; (iv) to solicit others to perform or participate in any unlawful acts; (v) to violate any national, international, federal, provincial or state regulations, rules, laws, or local ordinances; (vi) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (vii) to threaten, harass, abuse, insult, harm, defame, slander, disparage, intimidate, invade another’s privacy or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (viii) to submit false or misleading information; (ix) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Build My Confidence, any related website, other websites, or the Internet; (x) to collect or track the personal information of others; (xi) for any obscene, vulgar or immoral purpose; (xii) to interfere with or circumvent the security features of the Build My Confidence, any related website, other websites, or the Internet; or (xiii) in any way which (a) is fraudulent, inaccurate, incomplete or misleading; (b) interferes with or disrupts Build My Confidence or any servers or networks connected to Build My Confidence or other users of Build My Confidence; (c) causes Build My Confidence , any related website, other websites, or the Internet to be affected by any viruses or trojan horses or in any other way that may damage, surreptitiously intercept or expropriate any information from them or their operation (d) results in any liability to the us or any other user of Build My Confidence; or (e) causes us to lose the services of our internet service providers or other suppliers.

Your responsibility for other users of your Account. It is your responsibility to ensure anyone who has access to Build My Confidence through your Account uses it only as permitted by these Terms.

Consequences of Unacceptable Use. If you fail or anyone using your Account fails to comply with these Terms, we reserve the right to terminate your Account and any Subscriptions without notice and without any liability to you.

INTELLECTUAL PROPERTY RIGHTS

We and our third party providers and licensors retain all rights, title and interest in and to the software, code, proprietary methods and systems used to provide Build My Confidence (our “Technology”) and the content of our websites (the “Content”). All copyright and other intellectual property rights in the Technology and the Content will remain our property (and/or that of our licensors) and will remain vested with us (and/or our licensors). Except to the extent expressly provided in the Terms, nothing in the Terms or on the Site grants you any licence or right to or authorisation to use such intellectual property rights.

You shall not copy, reproduce, sell, offer for sale, reproduce, republish, post, transmit, redistribute, modify, reverse engineer, decompile, disassemble or attempt to derive the source code of our Technology or the Content without our prior written consent. By registering your Account, we grant you a non-exclusive, non-transferable licence to use Build My Confidence in accordance with these Terms. The rights granted in these Terms only apply for so long as you have an active Account. On suspension or termination of your Account, you will no longer have access to Build My Confidence or any content that has been uploaded.

INTELLECTUAL PROPERTY RIGHTS IN CANDIDATE CONTENT

Any content uploaded by as a result of accessing a training assignment ( “Candidate Content” ) will be the property of you as the candidate

We reserve the right to delete any Candidate Content if we are requested to do so by the relevant Candidate. (our “Technology”) and the content of our website (the “Content”). All copyright and other intellectual property rights in the Technology and the Content will remain our property (and/or that of our licensors) and will remain vested with us (and/or our licensors). Except to the extent expressly provided in the Terms, nothing in the Terms or on the Sites grants you any licence or right to or authorisation to use such intellectual property rights.

You shall not copy, reproduce, sell, offer for sale, reproduce, republish, post, transmit, redistribute, modify, reverse engineer, decompile, disassemble or attempt to derive the source code of our Technology or the Content without our prior written consent. By registering your Account, we grant you a non-exclusive, non-transferable licence to use Build My Confidence in accordance with these Terms. The rights granted in these Terms only apply for so long as you have an active Account. On suspension or termination of your Account, you will no longer have access to Build My Confidence or any content that has been uploaded.

INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide full details to Build My Confidence via email: hello@buildmyconfidence.net.

TERMINATION AND SUSPENSION OF ACCOUNTS

Our rights. We reserve the right to suspend or terminate your Account and deny you access to Build My Confidence at any time at our sole discretion and for any reason including, but not exclusively, if you are in breach of the Terms. If your Account is suspended or terminated by us for any reason, you may not open another account.

Your rights. You may terminate your Account at any time by contacting us via email: hello@buildmyconfidence.net and we will process that termination request and close your Account as soon as possible, usually within seven days of receipt of your termination request. Once we have processed your termination request, you will no longer have access to Build My Confidence.

Terminating your Account ends the contract between you and us. If you or we terminate your Account, this ends the contract between us immediately.

Continuing obligations and liabilities. Any obligations or liabilities that have arisen or been incurred before the suspension or termination of your Account (including, but not exclusively, your obligation to pay any Charges incurred) shall survive and remain enforceable despite such suspension or termination.

Record keeping. After termination of your Account, we reserve the right (without obligation) to keep a record of the information provided in relation to your Account, in accordance with the terms of our Privacy Policy (https://www.buildmyconfidence.net/privacy-policy).

DISCLAIMERS

  • Build My Confidence is not designed to meet any person’s individual requirements and you are fully responsible for determining whether Build My Confidence is: (a) sufficient and appropriate for your specific purposes; and (b) compatible with your computer hardware and devices.

  • We are not responsible for any Candidate Content, responsibility and liability for which remains with the relevant Candidate.

OUR RESPONSIBILITY FOR THE LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

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 it is obvious that it will happen or 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.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS USER

  • All terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

  • We are not liable for any defect or failure arising from your use of Build My Confidence, incompatibility of your equipment, your failure to follow instructions to access Build My Confidence, or any misuse or alteration of Build My Confidence whatsoever.

  • We do not warrant that the Site or your access to Build My Confidence will be uninterrupted, secure or error free or that the Site or Build My Confidence will be free of viruses or other harmful components.

  • Other than as expressly set out in these Terms we give no representations or warranties, either expressly or by implication. This includes (without limit) any warranties in respect of accuracy, completeness, currentness, timeliness, merchantability or fitness for a particular purpose. No warranty is given that your use of the Site or Build My Confidence will not infringe the rights of a third party.

  • We do not accept any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of materials or data, waste of management or office time or for any indirect or consequential loss or damage of any kind, however such losses arise and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Subject to EXCLUSIONS ON THE LIMIT OF OUR LIABILITY:

  • 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

  • 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 Subscription Fees paid by you in the six months before the cause of action arose.

EXCLUSIONS ON THE LIMIT OF OUR LIABILITY

Notwithstanding any other provision these Terms, we do not exclude or limit our liability for:

  • death or personal injury caused by our negligence;

  • fraud or fraudulent misrepresentation;

  • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or

  • any matter for which it would be illegal to exclude, or attempt to exclude, liability.

YOUR LIABILITY TO US

In the event that your use of Build My Confidence is in breach of these Terms and results in us facing any claim, dispute, complaint or other action from any third party resulting from our relating to your use of Build My Confidence, you agree to assume any legal or financial costs and agree to indemnify us for any costs, damages, losses and expenses that we might incur as a result.

PERSONAL INFORMATION

We will use your personal information and any personal information that you upload through your Account in accordance with our Privacy Policy https://www.buildmyconfidence.net/privacy-policy. Please take time to read our privacy policy as it forms a part of our contract with you.

By uploading any third party personal information you represent and warrant that you have appropriate authority to use that information for the purposes for which it has been uploaded, and that the information that you have uploaded is complete and accurate to the best of your knowledge. You agree that you will use reasonable endeavours to ensure that any personal information you upload is maintained, kept up to date at all times, and deleted if it is no longer required.

In relation to the personal information that you upload, we shall:

process the personal information only to the extent necessary for the purposes of performing our obligations under these Terms and otherwise in accordance with your documented instructions and applicable laws;

not process the personal information in any country outside the European Economic Area without your prior written consent;

ensure that all persons authorised by us to process the personal information are committed to confidentiality or are under a statutory obligation of confidentiality under applicable law;

have at all times during the term of our contract with you appropriate technical and organisational measures to ensure a level of security appropriate to the risk to protect any personal information, with particular regard to its accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access;

at your election, delete or return all personal information to you, and delete all existing copies unless applicable law requires their retention;

make available to you all information reasonably necessary to demonstrate compliance with the obligations set out in this clause, and allow for and contribute to audits, including inspections, conducted by your or your representative; and

notify you without undue delay after becoming aware of any security breach relating to the personal information.

Where we add or replace any other processors, we shall first inform you of the intended change, thereby giving you the opportunity to object to such changes. The following categories of other processors are deemed approved by you:

  • Mail servers for sending system and Candidate invitations.

  • Accounting services for processing of invoices

  • Web servers for Web application delivery

  • Database services for storage of system data

  • Help and customer support systems with email and instant messenger communication.

We acknowledge that you are under certain record keeping obligations under the Data Protection Legislation, and agree to provide you with all reasonable assistance and information required by you to satisfy those obligations.

You Shall:

  • have at all times during the term of our contract with you appropriate technical and organisational measure to ensure a level of security appropriate to the risk to protect any personal information;

  • ensure that you have all the necessary licences, permissions and consents from the individuals to whom the personal information relates;

  • ensure that you have an applicable legal basis for the transfer of the personal information to us and to the processing of that personal information my us in accordance with these Terms and any written instructions from you;

  • indemify us against all loss, liability, damages, costs, fees, claims, fines and expenses which we may incur or suffer by reason of any breach by you of the Data Protection Legislation.

For the purposes of the Data Protection Legislation means the European Union’s General Data Protection Regulation (2016/679), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) and all applicable laws and regulations relating to the processing of personal data and privacy as amended, re-enacted, replaced or superseded from time to time, including where applicable the mandatory guidance and codes of practice issued by the United Kingdom's Information Commissioner.

OTHER IMPORTANT TERMS

Written Communication. Applicable laws require that some of the information or communications we send to you should be in writing. When using Build My Confidence, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect any statutory rights.

Notices All notices given by you to us must be sent to Build My Confidence.net Ltd, The Old Farmhouse, West End Road, Silsoe, Bedfordshire MK45 4DU. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed to have been received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. To prove service of any notice, it will be sufficient to show, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent from our server to the specified, supplied email address of the addressee.

Transferring our rights and obligations. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract before the changes take effect and receive a refund for any Subscription Credits paid for but not used.

Transferring your rights and obligations. You may not transfer, assign, charge or otherwise dispose of any rights or obligations which arise under these Terms unless we agree to this in writing.

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.

Events outside our control. We shall have no liability to you if we cannot provide you with access to the Site, Build My Confidence or any aspect of the services, for any delay in doing so, or for any defect that is caused by any event or circumstance which is beyond our reasonable control such as, without limit, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.

Even if we delay in enforcing this contract, we can still enforce it later. If we fail, at any time to insist that you perform any of your obligations under these Terms, or if we do not enforce any of the our rights against you, or we delay in doing so that will not mean we have waived our rights against you and will not mean you do not have to comply with those obligations.

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

If you are a business user, these Terms set out the whole of our contract with you relating to your access to and use of the Site and Build My Confidence. 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 the Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.

Which laws apply to this contract. These terms and 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 and construed in accordance with English law.

Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, we agree to undergo a process of dispute resolution using the European Commission’s online dispute resolution (“ODR”) platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. You and we will have to agree to a dispute resolution body based in the United Kingdom to handle your complaint.

Where you may bring legal proceedings if you are a consumer. If we are unable to resolve any dispute with you through the ODR process, the courts in the United Kingdom shall have jurisdiction to settle any dispute or claim arising out of or in connection with the contract between us.

Where you may bring legal proceedings if you are a business user. The courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the contract between us.

Who can I contact if I have questions about the Terms & Conditions on the website?

Please contact Build my confidence via email: hello@buildmyconfidence.net or phone: 01525 862596