Terms and Conditions

i3 Profile Reports Terms and Conditions

1. The following terms and conditions apply to on-line assessments conducted by Incorporate Consulting Limited and the i3 reports which are produced as a result of such assessments.
2. Please read these terms and conditions carefully.  If you do not accept these terms and conditions then you should not proceed with the i3 assessment.  By proceeding with the i3 assessment you agree that you have read and accepted these terms and conditions.
3. We reserve the right to amend these terms and conditions at any time and you should, therefore, re-read these terms and conditions on each occasion when you want to take an i3 assessment.
4. We are the owner of the i3 system and of all intellectual property rights in it.  You may use the i3 system only for the purposes of undertaking an assessment and the use by you and by the party which has entered into a contract with us of the i3 report which is generated as a result of the assessment for your personal purposes and the business purposes of the party which has entered into a contract with us for the production of the report.
5. Save to the extent expressly approved by us you may not copy, reproduce, share with or disclose to any third party the contents of the i3 system or the i3 report which is generated.
6. The i3 report is intended to provide general information and guidance to assist with decision making concerning your career, employment or other personnel issues.  By undertaking the assessment you expressly agree that the party which has entered into a contract with us for the preparation of the i3 report may use the report for the purposes which they have made known to you.
7. You further agree that the i3 report should not be the sole basis on which decisions relating to employment, career or personnel issues are decided and is only one source of information on which such decisions should be based.
8. Accordingly, i3 cannot be responsible or liable to you for any use which is made of the i3 report and, in particular, for any decision which is made based on the contents of the report.
9. In order to undertake the i3 assessment you are required to give us certain personal information which is limited to (a) your full name, (b) your email address and (c) your associated business/organisation name.  We use this information for the purpose of verifying that the i3 assessment is being undertaken by the correct person, for use in the preparation of the i3 report and to inform the party which has entered into a contract with us.  
10. You agree that we may share the contents of the i3 report and your personal information with the party which has asked us to prepare the report.  You further agree that we may use the responses which you give in an anonymous format for survey and research purposes.  The results of assessments and the analysis of them may be published in an aggregated form but no personally identifiable data or responses will be made public in any of our reports. All processing by Incorporate Consulting Limited of an individual’s personal data will be carried out in accordance with Incorporate Consulting’s privacy policy.

Subject to the above, we do not share any personal information with any third parties.  The security of your personal information is important to us and the on-line assessment website has security measures in place to protect the loss, misuse or alteration of personal information which is under our control.

Terms and Conditions of Services

1. Interpretation

1.1. Definitions. In these Conditions, the following definitions apply:
“Business Day”  –  a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
“Charges”  –  the charges payable by the Customer for the supply of the Services in accordance with clause 6.
“Commencement Date”  –  has the meaning set out in clause 2.2.
“Conditions”  –  these terms and conditions as amended from time to time in accordance with clause 12.8.
“Contract”  –  the contract between i3 and the Customer for the supply of Services in accordance with these Conditions.
“Customer”  –  the person or firm who purchases Services from i3.
“Deliverables”  –  the deliverables set out in the Order produced by i3 for the Customer.
“i3”  –  Incorporate Consulting Limited whose registered office is at 1st Business Centre, Industry Road, Newcastle upon Tyne NE6 5XB (CRN 6889133)
“Intellectual Property Rights”  –  all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Order”  –  the Customer’s order for Services as set out  in the order form [set out overleaf/to which these conditions are attached].
“Services” the services, including the Deliverables, supplied by i3 to the Customer as set out in the Specification set out in the Order.
“Specification” the description or specification of the Services provided in writing by i3 to the Customer and set out in the Order.
1.2. Construction. In these Conditions, the following rules apply:
1.2.1. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.2.2. a reference to a party includes its successors or permitted assigns;
1.2.3. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
1.2.4. any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
1.2.5. a reference to writing or written includes faxes [and e-mails].

2. Basis of contract

2.1. The Order constitutes an offer by the Customer to purchase the Services which it has selected in the Order in accordance with these Conditions.
2.2. The Order shall only be deemed to be accepted when i3 issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
2.3. The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of i3 which is not set out in the Contract.
2.4. Any samples, drawings, descriptive matter or advertising issued by i3, and any descriptions or illustrations contained in i3’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.5. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.6. Any quotation given by i3 shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
2.7. The basis upon which individuals undertake and obtain i3 profile reports is detailed in the i3 profile report terms and conditions [located at www.i3profiling.com/terms]

3. Supply of Services

3.1. I3 shall supply the Services to the Customer in accordance with the Specification in all material respects.
3.2. I3 shall use all reasonable endeavours to meet any performance dates specified in the Specification but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.3. I3 shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and i3 shall notify the Customer in any such event.
3.4. I3 warrants to the Customer that the Services will be provided using reasonable care and skill. 

4. Use of Services and i3 Profile Reports

4.1. the Customer may use the Deliverables only for its own internal purposes and make such copies of the Deliverables as are needed for such use.  In doing so, the Customer shall ensure that all copyright and other notices contained in the Deliverables are retained and not amended;
4.2. the Customer is not permitted to copy, create derivative works from, reverse engineer, decompile, reverse compile or disassemble such software or computer programmes used in connection with the Deliverables;
4.3. the Customer grants i3 the right and license to use, copy and extract data from i3 profile reports which are created as part of the Services for its own business purposes, including in the compilation of statistical data, reports and research.

5. Customer’s obligations 

5.1. The Customer shall:
5.1.1. ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;
5.1.2. co-operate with i3 in all matters relating to the Services;
5.1.3. provide i3, its employees, agents, consultants and subcontractors, with access to the Customer’s personnel, premises, office accommodation and other facilities as reasonably required by i3;
5.1.4. provide i3 with such information and materials as i3 may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
5.1.5.  perform any other obligations which are its responsibility as stated in the Specification.
5.2. If i3’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
5.2.1. i3 shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays i3’s performance of any of its obligations;
5.2.2. i3 shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from i3’s failure or delay to perform any of its obligations as set out in this clause 5.2; and
5.2.3. the Customer shall reimburse i3 on written demand for any costs or losses sustained or incurred by i3 arising directly or indirectly from the Customer Default.

6. Charges and payment

6.1. The Charges for the Services shall be as set out in the Order:
6.1.1. the Charges shall be calculated in accordance with i3’s standard daily fee rates applicable at the date of the Order;
6.1.2. i3’s standard daily fee rates for each individual are calculated on the basis of an eight-hour day from 8.00 am to 5.00 pm worked on Business Days;
6.1.3. i3 shall be entitled to charge an overtime rate of 150% per cent of the standard daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages on the Services outside the hours referred to in clause 6.1.2; and
6.1.4. i3 shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom i3 engages in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by i3 for the performance of the Services, and for the cost of any materials.
6.2. I3 reserves the right to increase its standard daily fee rates, provided that such charges cannot be increased more than once in any 12 month period. I3 will give the Customer written notice of any such increase 2 months before the proposed date of the increase. If such increase is not acceptable to the Customer, it shall notify i3 in writing within 4 weeks of the date of i3’s notice and i3 shall have the right without limiting its other rights or remedies to terminate the Contract by giving 4 weeks’ written notice to the Customer.
6.3. I3 shall invoice the Customer on commencement of the Services or monthly in arrears, depending on the type of Services concerned.
6.4. The Customer shall pay each invoice submitted by i3:
6.4.1. within 28 days of the date of the invoice; and
6.4.2. in full and in cleared funds to a bank account nominated in writing by i3, and time for payment shall be of the essence of the Contract.
6.5. All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by i3 to the Customer, the Customer shall, on receipt of a valid VAT invoice from i3, pay to i3 such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
6.6. Without limiting any other right or remedy of i3, if the Customer fails to make any payment due to i3 under the Contract by the due date for payment (Due Date), i3 shall have the right to charge interest on the overdue amount at the rate of 4%per cent per annum above the then current Barclays Bank Plc’s base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
6.7. The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against i3 in order to justify withholding payment of any such amount in whole or in part. I3 may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by i3 to the Customer.

7. Intellectual property rights 

7.1. All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by i3.
7.2. The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer’s use of any such Intellectual Property Rights is conditional on i3 obtaining a written licence from the relevant licensor on such terms as will entitle i3 to license such rights to the Customer.
7.3. Except as expressly stated in these Conditions no licence to use the Services or the Deliverables is granted by i3 to the Customer.

8. Confidentiality

A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 8 shall survive termination of the Contract.

9. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

9.1. Nothing in these Conditions shall limit or exclude i3’s liability for:
9.1.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
9.1.2. fraud or fraudulent misrepresentation; or
9.1.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.2. Subject to clause 9.1:
9.2.1. i3 shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information and loss of or damage to goodwill or any indirect or consequential loss arising under or in connection with the Contract; and
9.2.2. i3’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total of the Charges paid by the Customer to i3 in any 12 month period.
9.3. Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.4. The Customer acknowledges that the i3 profile reports are intended to provide general information and guidance to assist with the Customer’s decision making only.  The i3 profile reports are not intended to be the sole basis upon which decisions are made by the Customer, including those relating to recruitment or suitability for particular job roles.  i3 accepts no liability to the Customer or any third party for any decisions made based on the contents of an i3 profile report or for any claims made against the Customer by the subject of the i3 profile report or any third party based upon the contents or recommendations in the report.
9.5. This clause 9 shall survive termination of the Contract.

10. GDPR compliance

Data Protection Legislation: the Data Protection Act 1998 applies up to and including 24 May 2018 and then the GDPR applies from 25 May 2018 onwards including legislation relative to the Privacy and Electronic Communications Regulations and related codes of practice and guidance.

10.1 Data Protection and Data Processing: both parties will comply with all applicable requirements of the “Data Protection Legislation” as defined above.

10.2 parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the data controller and Incorporate Consulting Limited is the data processor;

10.3 the parameters of the data processing by Incorporate Consulting will be made clear upon the written instructions of the customer, confirming that Incorporate Consulting has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data;

10.4 Incorporate Consulting shall not transfer personal data outside of the European Economic Area (EEA) without obtaining the prior written consent of the Customer and any transfers outside of the EEA will only take place once certain obligations have been fulfilled, such as (a) providing adequate safeguards in relation to the transfer, (b) the data subject having enforceable rights and effective legal remedies, (c) Incorporate Consulting complying with its obligations under the Data Protection Legislation by providing and adequate level of protection to any personal data that is transferred and (d) Incorporate Consulting complying with the reasonable instructions of the Customer with respect to the processing of the personal data. Whilst data is only processed within the UK, it is accessed worldwide in most cases for parties engaging in that region. Should data obtained in the EEA need to be transferred outside of the EEA, Incorporate Consulting will ensure that its Customers are made aware of this and consent to such transfer;

10.5 Incorporate Consulting will notify the Customer if it becomes aware of a personal data breach within 48 hours of the breach with full disclosure of what the breach entails and how the breach has been handled to that point;

10.6 Incorporate Consulting agrees to maintain complete and accurate records and information to demonstrate its compliance with the Data Protection Legislation.

11. Termination

11.1. Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:
11.1.1. [the other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach;
11.1.2. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
11.1.3. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
11.1.4. the other party (being an individual) is the subject of a bankruptcy petition or order;
11.1.5. an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
11.1.6. the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
11.2. Without limiting its other rights or remedies, i3 may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.
11.3. Without limiting its other rights or remedies, i3 shall have the right to suspend provision of the Services under the Contract or any other contract between the Customer and i3 if the Customer becomes subject to any of the events listed in clauses 9.1.2 to 9.1.6, or i3 reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

12. Consequences of termination

On termination of the Contract for any reason:
12.1.1. the Customer shall immediately pay to i3 all of i3’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, i3 shall submit an invoice, which shall be payable by the Customer immediately on receipt;
12.1.2. the Customer shall return all and any Deliverables which have not been fully paid for. If the Customer fails to do so, then i3 may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
12.1.3. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
12.1.4. clauses which expressly or by implication have effect after termination shall continue in full force and effect.

13. General

13.1. Force majeure:
13.1.1. For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of i3 including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of i3 or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
13.1.2. I3 shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
13.1.3. If the Force Majeure Event prevents i3 from providing any of the Services for more than four weeks, i3 shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
13.2. Assignment and subcontracting:
13.2.1. I3 may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
13.2.2. The Customer shall not, without the prior written consent of i3, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
13.3. Notices:
13.3.1. Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party’s main fax number.
13.3.2. Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.
13.3.3. This clause 13.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, “writing” shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail.
13.4. Waiver:
13.4.1. A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
13.4.2. Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
13.5. Severance:
13.5.1. If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
13.5.2. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
13.6. No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
13.7. Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.
13.8. Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by i3.

13.9. Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England.

13.10. Entire agreement: the “Contract” constitutes the entire agreement between the parties and extinguishes all previous agreements, warranties and assurances between both parties. 

Warranties

i3 makes no warranties, representation, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, nor either your or your company’s personal information or material and information transmitted over our system.
We take pride in the quality of our Products and Services. If you establish to our reasonable satisfaction that there is a defect in the materials or workmanship of our Products or that our Services have not been performed with reasonable care and skill in accordance with good industry practice, then we shall at our sole discretion and within a reasonable time perform the following (“Warranty”):
(a)  repair or make good such defect in such Products free of charge to you;
(b)  replace such Products or re-perform such Services; or
(c)  issue a credit note to you for the whole or part of the price of such Products or Services as appropriate.

Conditions

Our Warranty does not apply unless you notify us in writing of the alleged defect within 7 days of the time when you discover or ought to have discovered the defect and in any event within 6 months of the date of delivery of our Products or 1 month of the date of our performance of Services. Our Warranty also does not apply:
(a)  in respect of any defect arising from your negligence, abnormal working conditions, misuse or alteration of our Products without our approval; or
(b)  if the total price for our Products or Services has not been paid by the due date for payment.

Incorporate Consulting Limited Privacy Notice

This is the privacy notice of Incorporate Consulting Limited. In this document, “we”, “our”, or “us” refer to i3 which is owned by Incorporate Consulting Limited.

We are company number 6889133 registered in the United Kingdom.

Our registered office is at 1st Business Centre, Industry Road, Newcastle upon Tyne NE6.

Introduction

1. This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
2. We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.
3. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
4. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
5. Our policy complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).
6. The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org
7. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

1. Information we process because we have a contractual obligation with you

When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information namely your full name, email address and or your associated business/organisation name.

We may use it in order to:

1. 1. verify your identity for security purposes
   2. provide you with our services
   3. provide you with suggestions and advice on products, services and how to obtain the most from using our website

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

1. Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us [email protected] . However, if you do so, you may not be able to use our website or our services further.

1. Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having given careful consideration to:

1. • whether the same objective could be achieved through other means
   • whether processing (or not processing) might cause you harm
   • whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so

For example, we may process your data on this basis for the purposes of:

1. • record-keeping for the proper and necessary administration of our i3 profiling services. 
   • responding to unsolicited communication from you to which we believe you would expect a response
   • protecting and asserting the legal rights of any party
   • insuring against or obtaining professional advice that is required to manage i3 profiling service risk
   • protecting your interests where we believe we have a duty to do so

1. Information we process because we have a legal obligation

We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

Specific uses of information you provide to us

1. Information provided on the understanding that it will be shared with a third party

Our website may allow you to post information with a view to that information being read, copied, downloaded, or used by other people.

Examples include:

1. 1. posting a message our forum or social media pages
   2. tagging an image
   3. clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks

In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.

We do not specifically use this information except to allow it to be displayed or shared.

We do store it, and we reserve a right to use it in the future in any way we decide.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at [email protected] .

1. Complaints regarding content on our website

We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.

If you complain about any of the content on our website, we shall investigate your complaint.

If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.

Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

1. Information relating to your method of payment

We don’t not offer payment options via our website. Any payments made to us for services rendered are done so by invoicing you or your business whereupon you pay for said services. 

Any payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.

At the point of payment online should this be available, you are transferred to a secure page on the website of [WorldPay / SagePay / PayPal / Stripe] or some other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us.

1. Job application and employment

If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.

1. Sending a message to our support team

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our i3 related services.

We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

1. Complaining

When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

1. Affiliate and business partner information

This is information given to us by you in your capacity as an affiliate of us or as a business partner.

It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.

The information is not used for any other purpose.

We undertake to preserve the confidentiality of the information and of the terms of our relationship. 

We expect any affiliate or partner to agree to reciprocate this policy.

Use of information we collect through automated systems when you visit our website

1. Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.

Disclosure and sharing of your information

1. Credit reference

To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.

1. Data may be processed outside the European Union

Our websites are hosted in the United Kingdom.

We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.

Accordingly data obtained within the UK or any other country could be processed outside the European Union.

For example, some of the software our website uses may have been developed in South Africa.

We use the following safeguards with respect to data transferred outside the European Union:

1. 1. the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.
   2. the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in the European Union, specifically that in the country of the United Kingdom.
   3. we comply with a code of conduct approved by a supervisory authority in the European Union, specifically that in the country of the United Kingdom.
   4. we are certified under an approved certification mechanism as provided for in the GDPR
   5. both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority in the European Union relating to protection of your information

Access to your own information

1. Access to your personal information
   1. At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.
   2. To obtain a copy of any information that is not provided on our website you may send us a request at [email protected]
   3. After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
2. Removal of your information

If you wish us to remove personally identifiable information from our website, you may contact us at [email protected]

This may limit the service we can provide to you.

1. Verification of your information

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Other matters

1. Use of site by children
   1. We do not sell products or provide services for purchase by children, nor do we market to children.
   2. If you are under 18, you may use our website only with consent from a parent or guardian
   3. Certain areas of our website are designed for use by children over 16 years of age. These areas include the i3 career direction assessment. 
   4. We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.
   5. Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.
2. Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

1. How you can complain
   1. If you are not happy with our privacy policy or if have any complaint then you should tell us by email. Our address is [email protected]
   2. If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration. 
   3. If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office. This can be done at https://ico.org.uk/concerns/
2. Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

1. 1. to provide you with the services you have requested;
   2. to comply with other law, including for the period demanded by our tax authorities;
   3. to support a claim or defence in court.
2. Compliance with the law

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.

However, ultimately it is your choice as to whether you wish to use our website.

1. Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

If you have any question regarding our privacy policy, please contact us.