The following Terms and Conditions apply to users of the Website and those who purchase or access any Services or Courses provided via the Website; the terms also include our Privacy Policy and Copyright Statement.
By using the Website or Services or by purchasing or using our Courses you agree to be bound by these Terms and Conditions, the Privacy Policy and the Copyright Statement (collectively the ‘Terms’).
We advise you to read these Terms before using the Website or Services and before purchasing or using our Courses. The Terms have been split into sections for your ease of reference, it is likely that more than one section will apply to you, the sections are:
- Section A: Terms for all website users
- Section B: Terms for anyone buying or accessing a course
- Section C: Terms for anyone buying course places via online payment
- Section D: Terms for anyone buying multiple course places via invoice
- Section E: General terms applicable to all
- Section F: Privacy Policy applicable to all
- Section G: Copyright Statement applicable to all
Should you refuse to accept these Terms you will not be able to purchase any Services or Courses from us and should not continue accessing our website.
TERMINOLOGY AND DEFINITIONS
‘we’, ‘us’, ‘our’ and ‘Business Minded’ means Upsell Consulting Limited (trading as, and using the brand name of, ‘Business Minded’). Upsell Consulting Limited is registered in England and Wales under company number 8277028.
‘you’ means the individual using the Website or Services.
‘website’ means the website at www.business-minded.co.uk and linked learning management system and includes, but is not limited to, all website content, course content, interfaces, functionality, code, materials, documents, images and files.
‘services’ means the website, courses and all content, features and functionality (including, but not limited to, all video and audio, text, displays, images, documents, design, information, assessments and tests).
‘course’ means developmental training courses and course materials, whether delivered online or offline, downloaded, streamed, emailed or accessed in any other manner.
‘course fee’ means the fee payable for a Business Minded course.
‘coupon code’ means a code provided to you by us or via your employer to access purchased or free course places. Unless otherwise agreed, if you obtain multiple course places for your organisation then a coupon code will be provided to you for you to allocate to individuals within your organisation to allow them to access a course and become course participants.
‘course participant’ means any individual who has the right to access a course via a purchased course place, free trial or via any other agreed basis.
‘working day’ means Monday to Friday inclusive and excludes Saturday, Sunday and UK Bank Holidays.
SECTION A: TERMS FOR ALL WEBSITE USERS
Website Accessibility
We take all reasonable efforts to maintain the uninterrupted accessibility of the website and services, however, you accept that interruption may occur due to scheduled maintenance, upgrade, modification and repairs. You also accept that access to the website and services may be interrupted or delayed due to causes beyond our reasonable control, including Internet service interruptions, telecommunications failures, equipment failures and delays due to traffic of data through the Internet during downloading, streaming or viewing of information.
You accept that you will not have a claim for breach of contract against us or any third party should such interruptions or delays occur.
Should any interruption in the quality or accessibility of the website or services be caused by you or a course participant by using the website or services contrary to our instructions, including any attempt to modify or alter the website or services, then we will use all reasonable efforts to correct the interruption and reserve the right to recover any associated costs from you, or the course participant or the course participant’s organisation if they were responsible for purchasing the services or directing the course participant to access the website or services.
Safe Use of the Website and Services – Your and Our Responsibilities
You accept that you are responsible for taking all reasonable precautions against viruses, hacking and other forms of computer misuse; and you also accept that you are responsible for backing-up your data and information to secure against any potential loss.
You acknowledge that we take reasonable steps to ensure the website does not contain any error, malfunction or corruption, however, we do not accept responsibility for any damage to or loss of data from your computer system, network or server that results from the use of our website or services.
Third Party Links and Third Party Information
The website and services may contain links to other websites that are not operated by or related to Business Minded. You acknowledge that we are not responsible for the content, accuracy or opinions expressed in such third party websites and do not monitor or check these websites for accuracy or completeness.
The inclusion of any linked website within our website or services does not imply our approval or endorsement of the linked website.
When you or a course participant leave the website or services to access third party sites, you and the course participant do so at your own risk and we do not accept any liability.
If you are using our website please also refer to the ‘Copyright Statement’ and ‘Privacy Policy’ sections later in these Terms.
SECTION B: TERMS APPLYING TO ANYONE BUYING OR ACCESSING A COURSE
If you purchase or access a Course, whether access is granted to you in consideration of our receipt of a course fee or as part of a free trial or free offer or following your receipt of a coupon code or other agreed arrangement for accessing a course then the following terms will apply, in addition you will be bound by the terms above ‘Terms for all website users’ and by our ‘Privacy Policy’ and ‘Confidentiality Statement’. You may also be bound by other sections of these Terms and should read all sections relevant to you.
Please read these terms carefully before purchasing or accessing a course.
Course Purpose and Content
You understand that courses provided by Business Minded are for training and development purposes only and are in no way intended as therapeutic interventions.
We provide courses in accordance with the course description, which is provided on our website. You accept that it is your responsibility to read the course description thoroughly and assess whether the course will meet your particular needs and expectations. We do not make any commitment to you that the course will meet any specific requirements that you have nor that you will obtain any specific result or benefit from the course, and you will have no recourse in relation to such expectations.
We endeavour to continuously improve our courses and, therefore, reserve the right to update, amend, remove, add or otherwise change course content at any time to ensure it remains up-to-date, relevant and engaging. You accept that you will have no right of refund or other compensation should course content be changed in this way.
You accept that course content may include automated emails sent directly the course participant’s registered email address. These emails may include relevant course information, reminders and prompts for action.
You may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any course content or course materials. Any use of the course content or course materials not expressly permitted within these terms is strictly prohibited and will constitute an infringement of either our copyright or our intellectual property rights.
Course Registration and Access
To purchase or access a course you must be at least 18 years old and legally capable of entering into a binding contractual agreement.
To become a course participant you are required to register for a course and you agree to provide true, accurate and complete information at registration and to ensure that your registration information is kept accurate and up-to-date at all times.
Upon registering for a course you will require a username and password, and you agree to keep your username and password confidential. You will inform us immediately should you believe that your username and password are no longer confidential or should you suspect any unauthorised use of your username or password. We reserve the right to require you to change your username or password if we believe that they are no longer confidential and secure.
One course place is intended for the use of one individual course participant only. When you register for a course your course registration is specific to you and you may not transfer it to another individual, allow another individual to access a course using your course registration details (username and password) nor sell or give away your course registration details or course place to another individual, unless we have consented in writing to you doing so.
Where you have been granted access to a course via the use of a coupon code you may not re-sell or otherwise distribute the coupon code to anyone, except as permitted under these terms or as permitted in writing by us.
The information you provide when registering is held by us in line with our Privacy Policy, which you can view at the end of these terms.
Technical Support
We provide technical support to assist with pre-purchase enquiries, purchase and registration processes, course access, course navigation and password administration.
Technical support is accessible via email at info@business-minded.co.uk (unless you are advised otherwise) and is normally available between 9am and 5pm, Monday to Friday. This is not a continuously monitored email address and you accept that we will respond to support enquiries as soon as is reasonably practicable.
You acknowledge and accept that course availability may be interrupted at times and that technical support may not be available or may need time to rectify such interruptions. We will endeavour to resolve any interruptions in course availability as quickly as possible, and you accept that you will have no claim for breach of contract or otherwise in respect of such interruptions.
You accept that it is your responsibility to ensure that your computer equipment, Internet access and any security protocols (such as Firewalls) will support and allow access to our website and courses, including supporting course related emails. Additionally, you accept that our technical support cannot resolve issues with your equipment or IT arrangements which may be causing interruption in course access. You accept that you will have no claim for breach of contract or otherwise in respect of interruptions caused by your computer equipment or IT arrangements.
Tutor Support
Our courses are online and tutor support is not provided, unless otherwise agreed with you in writing by Business Minded.
Occasionally course participants contact us with information about their personal experiences of stress, mental health and wellbeing, and sometimes ask for support or advice. Our courses and services are designed to be personal and workplace development tools and are not therapeutic interventions, and Business Minded do not employ clinically trained professionals. We are unable to provide therapeutic or clinical advice or support and we would recommend an alternative point of contact, such as the course participant’s GP or employer’s HR or wellbeing services.
If a course participant’s comments or requests for support or advice cause us to reasonably believe that there may be a risk to their safety and wellbeing or the safety and wellbeing of somebody else then we will alert a relevant third party such as the police or, if the course is accessed via an employer, the course participant’s HR Team or other relevant organisational contact. Please also refer to our Privacy Policy.
Our Right to Refuse Your Purchase or Registration or to Terminate Your Account
We may decline your request to purchase or register for a course, for any reason and at our absolute discretion.
We may, without notice and at any time, terminate your username and password and cease your course access. If such termination is in response to course misuse on your part, including but not limited to breach of our Copyright Statement, malicious damage of, attempted damage to or tampering with course content, online learning management system platform or website or threatening, abusive or intimidating behaviour towards a Business Minded employee, director or associate, then you accept that you will not be entitled to any refund of course fees nor have any claim for breach of contract or otherwise.
Withdrawal of Courses
We reserve the right to withdraw a course from sale at any time.
Disclaimers
You participate in a course entirely at your own risk. You are entirely responsible for any risks relative to the utilisation, results or performance of the course.
SECTION C: TERMS WHEN BUYING COURSE PLACES VIA ONLINE PAYMENT OPTIONS
If you buy course place(s) online using our online payment options then you agree to be bound by these terms. Please read the terms below prior to completing your purchase. Please note that they apply in addition to the terms above ‘Terms applying for anyone buying or accessing a course’ and ‘Terms for all website users’. You will also be bound by our Privacy Policy and Copyright Statement and other relevant terms within this document which apply to you and your use of our website, services and courses.
Online Purchase of and Payment for a Course
You are deemed to have bought a course when we have communicated our acceptance of your payment of the course fee via an email confirmation. This email confirmation will be effective upon sending.
When purchasing a course you will be required to enter payment details and these will be processed via a secure link. We will manage your payment details in line with our Privacy Policy.
Course Fee
The course fee will be displayed on the website in pounds sterling including VAT. The breakdown of the cost of the course and VAT will be displayed in the shopping basket prior to completion of your purchase.
We reserve the right to change the course fee from time to time.
Should the course fee displayed on the website be incorrect then you agree to be bound by the correct course fee. If the correct course fee is lower than the amount displayed on the website you will be entitled to a refund of the balance. If the correct course fee is higher than the amount displayed on the website you will be entitled to choose between a full refund of any payment you have made (which will constitute a cancellation of your purchase of the course and you will not be entitled to access the course or course materials) or to pay the balance of the course fee to us, which will be payable prior to access to the course being granted to you or prior to continuation of the course if access was already granted.
You are responsible for any other charges which you may incur in relation to your purchase of or access to the course, including but not limited to Internet Service Provider charges, card transaction fees or bank fees.
Access to the Course
We will grant you access to the course and course materials immediately after we have confirmed your order and successful payment by email.
A course place is made available to you for a period of six months from the date access is granted to you, after which time we will withdraw your access to the course. If, after access has been withdrawn, you wish to gain further access to the course, you will be required to purchase a further course place.
Your Right to Cancel or Amend Your Purchase
You may change the details of your course purchase at any time up to the submission of your payment details for processing (whether this is credit card, debit card or other agreed payment arrangement). You accept that changes cannot be made to your course purchase once you have submitted your payment details.
You have the right to cancel your course purchase by emailing us at info@business-minded.co.uk within 14 calendar days beginning on the day you submitted your payment details.
Refunds will be processed within 28 days of receiving your request to cancel and are made by crediting your original payment method (such as credit or debit card). Termination of your account and course access will also be processed within 28 days of receiving your request to cancel.
If you have not, at any time, accessed or commenced any part of your purchased course then you will receive a 100% refund. If you have accessed or commenced part of your purchased course then the amount of your refund will be reduced and will be calculated based on the proportion full weeks of the course not yet accessed.
SECTION D: TERMS WHEN BUYING MULTIPLE COURSE PLACES VIA INVOICE
If you buy multiple course places via invoice payment then you agree to be bound by these terms. Please note that they apply in addition to the terms above ‘Terms applying for anyone buying or accessing a course’ and ‘Terms for all website users’. You will also be bound by our Privacy Policy and Copyright Statement and other relevant terms within this document which apply to you and your use of our website, services and courses.
Please read these terms before completing your purchase.
Purchase of and Payment for Course Places
Business Minded will issue you with an invoice for the agreed course fee. Payment terms are 14 calendar days from the invoice date, unless otherwise agreed.
You agree to pay the invoiced course fee via bank transfer; bank account details are provided on all invoices.
You are deemed to have bought the course places when full payment of the invoiced course fee has been cleared into the Business Minded’s bank account.
Course Fee
A course fee or sliding scale of fees based on the purchase of multiple course places will be agreed between you and Business Minded. Course fees are subject to VAT.
We reserve the right to renegotiate and change the course fee from time to time.
Should the course fee invoiced to you be incorrect and not match the agreed course fee then you agree to be bound by the agreed course fee. If the agreed course fee is lower than the amount invoiced then you will be entitled to receive a credit note for the balance and, in the event that you have paid the incorrect course fee then you will be entitled to a refund of the balance. If the correct course fee is higher than the amount invoiced then Business Minded will issue you with a further invoice for the balance.
Access to the Course
Unless otherwise agreed in writing by Business Minded, access to courses will be granted via the provision of a Coupon Code which Business Minded will supply to you not more than 3 working days from the day after our receipt of your full payment of the invoiced course fee.
A coupon code is an alpha-numeric code which is unique to your purchase and can be used by individuals who wish to register for a place on a course. A coupon code can be used multiple times, the maximum number of times it can be used will equal the number of course places you have purchased. One course place may only be used by a maximum of one individual.
You are responsible for allocating the coupon code to individuals within your organisation to allow them to become course participants by registering for and accessing a course. You are also responsible for keeping a count of the number of times your coupon code has been utilised. The coupon code may only be allocated to and used by individuals within your organisation (employees or workers) unless otherwise agreed by Business Minded in writing.
You are responsible for the security and use of your coupon code and for ensuring that your coupon code is used only by individuals whom you agree may access the course. In the event that an unauthorised individual uses your coupon code to access a course, you accept that Business Minded will not be required to allocate a replacement or additional course place to you without payment of a further course fee.
You accept that coupon codes allocated for use by you and / or individuals within your organisation are non-transferrable and you may not give away, sell or in any other way transfer a coupon code to individuals outside your organisation.
Coupon codes will expire after a specified length of time as agreed between you and Business Minded in advance of your purchase of course places. Should the coupon code expire before all purchased course places are used (by individuals registering on and accessing a course) then unused course places are forfeit and you accept that you will not be entitled to any refund of course fees nor have any claim for breach of contract or otherwise.
The course is made available to individual course participants for a period of six months from the date they register on the course. After this time we will withdraw their individual access to the course. If, after access has been withdrawn, you or the course participant wish to gain further access to the course, you will be required to purchase a further course place or utilise an unused place on an unexpired coupon code.
Your Right to Cancel or Amend Your Purchase
You may change the details of your course purchase at any time up to the day your full payment of the course fee is received by Business Minded. You accept that changes cannot be made to your course purchase after this time, with the exception of cancellation as detailed below.
You have the right to cancel your course purchase by emailing us at info@business-minded.co.uk within 14 calendar days beginning on the day your full payment was received by Business Minded.
Refunds will be processed within 28 days of receiving your request to cancel and are made via BACS transfer to your organisation’s bank account. Termination of your account and course access will also be processed within 28 days of receiving your request to cancel.
If you and / or individuals within your organisation have not at any time accessed or commenced any of your purchased course places then you will receive a 100% refund. If course places have been accessed or commenced then the amount of your refund will be reduced and will be calculated based on the proportion of full course places not yet accessed.
If your request to cancel your purchase is received by us before we have provided you with a coupon code then we reserve the right to withhold the coupon code. If, however, you receive your coupon code after you have submitted a request to cancel, within the 14-day period specified above, we recommend that you do not utilise the coupon code as this will constitute a use of course places and your refund amount will be reduced as detailed above.
Expired Coupon Codes
Coupon codes expire after a specified length of time as agreed between you and Business Minded in advance of your purchase of course places. Should your coupon code expire before all purchased course places are used (by individuals registering on and accessing a course) then unused course places are forfeit and you accept that you will not be entitled to any refund of course fees nor have any claim for breach of contract or otherwise.
SECTION E: GENERAL TERMS – APPLICABLE TO ALL
This section of our terms applies to all persons who use or access our website or who use, access and / or purchase our services or courses. You will also be bound by our Privacy Policy and Copyright Statement and other relevant terms within this document which apply to you and your use of our website, services and courses.
Our Liability to You
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
Our maximum aggregate liability in respect of any claim, whether made in contract, tort (including negligence), breach of statutory duty or otherwise and which are not otherwise excluded under these terms shall not exceed the total sum paid for the particular purchase of a particular course or service giving rise to the claim.
We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the website, services or courses:
- Loss of income, revenue, profits, anticipated savings or goodwill;
- Loss of business;
- Loss of contract;
- Loss or corruption of data;
- Any special, indirect, consequential or pure economic loss which arises out of or in connection with these terms even if we have been advised of the possibility of such loss.
We make every effort to perform our obligations under our contract with you. However, we shall have no liability for any failure or delay in the performance of any of our obligations where any such failure or delay is due to any act or omission by you or any third party, or is caused by circumstances beyond our reasonable control. In the event of a delay we will perform our obligations as soon as reasonably possible.
Each provision contained within this section ‘Our liability to you’ shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.
Severability and Enforcement of Terms
If any of these Terms or any provisions of a contract become void or otherwise unenforceable or be determined by a court or any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent as allowed by law, or such term, condition or provision will be severed from the remaining terms, conditions and provisions and the remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law.
If either we or you fail to enforce or delay in enforcing any respective rights or remedies under these terms, such failure or delay shall not operate as an agreement to waive that right or remedy and shall not prevent us from exercising that right or remedy in the future.
Our Right to Vary these Terms
We reserve the right to revise or amend these terms from time to time.
When we make changes to these terms we will update this document and relevant pages on our website. The date of the last revision to these terms is provided at the end of this document. We recommend you revisit this document from time to time to ensure that you are aware of any changes we have made to these Terms.
Entire Agreement
These terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements between us relating to the Website, Services and Courses.
You acknowledge that you are not relying on any statement made by Business Minded or any of its representatives with regard to the website, services or courses other than those expressly set out in the terms and any document expressly referred to in these terms. Nothing in this paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.
The agreement between us and you which is comprised of these terms is not intended to be for the benefit of any third party and shall not be exercisable by any other individual or party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These terms are governed by and shall be construed in accordance with English law. Any dispute arising between us and you under or in connection with these terms shall be subject to the non-exclusive jurisdiction of the English courts.
Contacting Business Minded
You can contact us by emailing us at info@business-minded.co.uk
SECTION F: PRIVACY POLICY
This Privacy Policy explains how we collect and handle information about you which we have gathered in a variety of ways including via our website, courses, other services or via liaison with your employer.
When you provide us with your personal information you consent to us processing it in the manner set out within this Privacy Policy, so we advise you to read the policy carefully.
We may update this policy occasionally and, therefore, recommend that you revisit this page from time to time to review any changes that we may have made.
If you have any questions, comments or concerns about this Privacy Policy or how we handle your personal information, please email us at info@business-minded.co.uk.
What is Personal Data?
This policy refers to the terms ‘personal data’ and ‘personal information’. These terms both mean any information relating to you as an identifiable individual. For example, your name and contact details. The terms also relate to information which may not, on its own, identify you but which can be linked to you because we store it alongside your identifiable information, for example, a record of your progress within one of our online courses.
About Us
This is the Privacy Policy of Business Minded.
Our legal company name is Upsell Consulting Limited (and we trade as, and use the brand name of, ‘Business Minded’). Upsell Consulting Limited is registered in England and Wales under company number 8277028.
Within this policy we may be referred to as ‘we’, ‘us’, ‘our’ and ‘Business Minded’.
Business Minded is the Data Controller and we are responsible for collecting and handling your personal data.
If you wish to contact us you can do so by emailing us at info@business-minded.co.uk.
When We Collect Information
We collect information from you and about you in a variety of ways, depending on the nature of our interactions with you. The occasions we collect information include:
- When you enquire about us, our services or our courses;
- When you purchase our services or courses;
- When you register for, undertake and progress through a course;
- When you utilise any of our services, such as our online stress and mindfulness assessments;
- When you tell us about your experiences of our services or courses;
- When you contact us for support or advice.
We may collect information about you through a variety of channels including online (for example via contact forms or assessments), email correspondence, over the telephone, or during in-person or Skype meetings or conversations.
We may also collect information about you from your employer, for example, when they purchase and register you onto a course. We require them to seek your permission before they give us your data and you can find out more about this in the section below.
What Information We Collect
We may collect the following information from and about you:
- Your full name;
- Your job title;
- Your contact details including telephone number and email address;
- Your company name and address;
- Your company sector;
- Number of employees within your company;
- Your company bank details (usually in the event of a requirement to refund);
- Information regarding your organisation’s wellbeing activities;
- Your opinions, ratings and feedback about our services or courses;
- Information about your experiences of stress and your wellbeing;
- Stress and mindfulness assessment data (collected if you choose to complete an online assessment);
- Online course user data (such as your course progression, time spent completing course modules);
- Information from your computer or the device you use to access our website, services or courses, for example the type of device you are using, the browser you are using.
When Buying Course Places Online
When you purchase a course online, we will ask you for:
- Your first name and last name;
- Your company name (if applicable);
- An e-mail address;
- Credit or debit card details;
We do not collect your credit or debit card details and they are not made available to us. They are collected over a secure link by Stripe (www.stripe.com/gb).
Stripe will use the personal information you provide to process your online payment. When you make a payment online, Stripe will use industry standard software which encrypts your information. For further details about the security of this information, please refer to www.stripe.com/gb.
If You Provide Us With Information on Behalf of Other People
Sometimes you might provide us with information about and on behalf of other people, for example, if you are registering employees onto one of our courses on behalf of your organisation. When you provide us with information about another person, the other person must have agreed to:
- Us processing all their personal data contained within the information you provide;
- You receiving any data protection notices in relation to them;
- You passing their data to us.
When you send another person’s information to us you are confirming that you have agreed the above with them. You are also confirming that you have told them:
- Which data they must give;
- Which information is voluntary;
- How they can access and, if necessary, correct the data we hold about them;
- Where they can access a copy of this Privacy Policy.
What We Do With Your Information
We use your personal information to:
- Deliver our services, for example delivering courses that you have access to, or providing outcomes of any online assessments you complete;
- Provide course content, materials and supporting email information;
- Carry out administration and record keeping;
- Respond to your queries or complaints;
- Provide technical support;
- Improve, optimise and secure our website, services and courses;
- Meet any contractual obligations entered into with you, including billing, collections or similar financial transactions;
- Gather general, aggregated statistics and research data, for example data about website use or course progression;
- Ensure our website, services or courses are usable and your user experience is optimised, for example by changing the way we display information based on the type of device you are using;
- Obtain any relevant professional advice as may be required by law or in connection with legal proceedings (including where we intend to take legal proceedings), or as may be necessary to establish, exercise or defend our legal rights, or to meet any legal obligations placed upon us.
Advising You of Our Services and Offers
If you give us your express consent, we will use your information to send you regular updates about:
- Our services, courses and offers;
- Additions to our website; and
- Specific activities such as customer feedback surveys and competitions.
You may opt out of receiving this information at any time either by using an opt-out link at the end of an email update or by contacting us at info@business-minded.co.uk.
Sharing Your Information
We may need to share your information with third parties so that we can properly provide our website, services and courses to you.
We require third parties to handle your information in a legally compliant and secure manner, and to only process in such a way as to fulfil our service obligations to you.
The types of third party suppliers we share your information with include:
- Payment processing companies to securely process any purchases you make from us;
- Email management and distribution service suppliers who handle the delivery of any newsletters or promotional information, if you have signed up to receive these;
- Learning management system suppliers, for example to deliver emailed course information to you;
- Internet tracking tool providers so we can monitor our website use and access routes;
- Online cloud storage providers.
In addition to the above, we may disclose your information to enforce any contractual terms between us, or to prevent, detect or prosecute any illegal or suspected illegal activities, or in response to a binding request for information from an authority such as a court.
Sharing Information with Your Employer
If your employer has purchased a course place for you then we may share some of your personal information with them to help them assess the uptake of the course and monitor your learning and course completion. We will not share your personally identifiable stress and / or mindfulness assessment data – please see below for more information on how we handle this data.
IMPORTANT – Sharing Information to Protect the Wellbeing of You or Others
Our courses and services are designed to be personal and workplace development tools and are not therapeutic interventions. Occasionally our website, service and course users contact us with information about their personal experiences of stress, mental health and wellbeing, and sometimes ask for support or advice. Unfortunately, we are unable to provide clinical or therapeutic advice or support and we always recommend an alternative point of contact, such as your GP or your organisation’s HR or wellbeing services.
If you contact us with information about your personal experiences of stress, mental health or wellbeing we do not share this information with anybody unless we reasonably believe there may be a risk to the safety and wellbeing of either you or somebody else. If we reasonably believe there is a risk then we will share your personal information (including your identity, contact information and details of the reasons for our concern) with a relevant third party such as the police or, if you have accessed a course via your employer, your HR (or appropriate alternative) team.
Sharing Your Information Across International Borders
Some of our service providers are based outside of the European Economic Area (EEA), such as Stripe, who process online card payments for us. Working with such service providers may mean that we need to transfer some of your personal data outside of the EEA and UK.
Not all countries have the same levels of personal data and privacy protections required by EEA and UK law, therefore, if we transfer your personal data outside of the EEA and UK we will take all reasonable steps to ensure that it is secured and processed in a way equivalent to that required by EEA and UK law. The steps we take may include:
- Only transferring your personal information to countries that the European Commission have approved as providing adequate levels of personal data protection;
- Asking certain providers to adhere to European Commission approved contractual clauses or codes of conduct which require them to provide similar levels of personal data protection as those required by EEA law;
- Asking you for your specific consent prior to transferring your personal information, if the above options are not available to us.
Stress and / or Mindfulness Assessment Data
We will conduct statistical analysis of stress and / or mindfulness assessment data to help us assess and improve our services and for reporting and marketing purposes. Such data will be aggregated with that of other relevant users and personal information relating to your individual identity will be removed to maintain confidentiality and anonymity.
If your employer has purchased a number of course places then we may provide them with anonymised, aggregated assessment data to help them assess the effectiveness of a course. Should the number of relevant data samples be insufficiently low as to be unable to ensure your anonymity then we will decline to provide your employer with any assessment data.
How Long We Keep Your Personal Information
We keep personal data:
- For as long as is necessary to fulfil the purposes we collected it for;
- As required by law; or
- To enforce or defend legal claims.
Sometimes we will keep information that you have deleted, for example messages sent by you to us. We will keep this information for a reasonable time.
Securing Your Personal Information
Your personal information may be stored in either secure cloud storage or secure hard-drive storage. We maintain security measures to protect your personal information from unauthorised access, misuse or disclosure. However, no exchange or storage of data can be guaranteed as 100% secure. While we make every effort to protect your personal information you acknowledge that the personal information you share with us could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our website, services or liaison with you in respect of any courses.
Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information.
Cookies
The term “cookies” refers to small text files which a website sends to your computer’s hard drive and stores information on your device for a limited amount of time while you are viewing the website or using an application.
We use two main types of cookies:
- Session cookies, which are removed once you close your browser and leave our website. They are removed because they don’t need to store any information between website visits;
- Persistent cookies, which stay on your computer until they either reach a specified expiry date or you delete them. This is because they store information between website visits so that our website and services are able to recognise you when you make a return visit.
We may send cookies to your computer for the following reasons:
- Because they are essential to the functionality of our website, services or courses;
- To optimise the delivery of our website, services or courses – for example, cookies help us to recognise the device you are using to browse our website so we can change the way we display our content in order that you get a better user experience;
- To help us understand how our website and services are being accessed and used, so we can make changes and improve our services to meet your needs.
You can choose to decline cookies using your web browser settings. However, please be aware that if you choose to disable cookies, some areas of our website, services and courses may not work properly or at all.
You can also clear your computer of cookies, again by using your web browser settings.
Third Party Links
Our website, services and courses may contain links to third party websites. This policy does not cover the collection or use of your information by any third party you access via such links. The information you provide to third parties will be processed by them in accordance with their own privacy policy and terms and conditions, which we recommend you access and read.
We are not responsible for the privacy policies or practices of any third parties.
Children
To access or use our website, services and courses you must be 18 years old or over and have the power and authority to enter into this Privacy Policy.
Your Rights
You have the right to ask for a copy of all the information we hold about you (we may charge you a small fee for this) and to correct any inaccuracies. To obtain a copy of this information, please e-mail us at info@business-minded.co.uk.
Updating Your Information
You may access and correct personal information relating to your course registration via the “Your Courses” page of the learning management system website. Other personal information and privacy preferences can be updated by emailing us at info@business-minded.co.uk.
SECTION G: COPYRIGHT STATEMENT
Your use of the content provided on the website and in our services and courses is subject to the terms of this Copyright Statement.
Ownership
This website, services and courses are owned by Upsell Consulting Limited (trading as, and using the brand name of, ‘Business Minded’). Upsell Consulting Limited is registered in England and Wales under company number 8277028 and, within this Copyright Statement, may be referred to as ‘we’, ‘us’, ‘our’ and ‘Business Minded’.
All content of the website, the services and the courses (including, but not limited to, course content, course videos, course worksheets or other documents, course related emails, course hand-outs, course promotional materials or any other associated documents) is the intellectual property of Business Minded and the copyright to all materials and content is owned by Business Minded, except where otherwise indicated.
The Business Minded logo and domain name are property of Upsell Consulting Limited (trading as Business Minded) and you agree not to copy, reproduce, upload, post, display or use them in any way without the prior written permission of Upsell Consulting Ltd (trading as Business Minded).
Use of the Website, Services and Courses
Use of the website, services, courses and course materials is subject to the Terms set out within this document.
Save as expressly set out in this Copyright Statement, you may not modify, copy, reproduce, re-publish, upload, post, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, perform, distribute or exploit in any format whatsoever any of the website, services, courses, course content, course materials or intellectual property, in whole or in part, without our prior written consent.
Course participants may make limited, incidental copies of relevant course documents for the specific and sole purpose of supporting their personal learning and development. Course participants may not make copies of any course videos and must, in every other way, adhere to this Copyright Policy.
Any use of the website, services, courses, course content, course materials or intellectual property which is not expressly permitted in this Copyright Statement is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of Business Minded, or in the case of material licensed to Business Minded, the owner of such materials. If such an infringement occurs we reserve the right to seek damages from you or, in the event that you have accessed a course provided by your employer, from your employer. We also reserve the right to immediately remove your access to services or courses and you accept that you will not be entitled to any refund of course fees nor have any claim for breach of contract or otherwise.
You agree not to delete, change or modify in any way this Copyright Statement.
June 2018
