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Terms and Conditions

1. definitions

In these Conditions the following expressions shall have the following meanings:

  • “DPAS” means Gooding&Co Ltd, trading as the Data Privacy Advisory Service, under Company Number 10625448.
  • The “Client” means the person, company or other legal entity identified as providing a request to DPAS to supply Services. This term is used interchangeably with “Participant” or “attendee”.
  • “Services” means any provision of services by DPAS, which may include training courses, consultancy services, redaction services, webinars, or events hosted by DPAS. All Services to be provided by DPAS to the Client under these terms and conditions, and any conditions set out in the contract for services.
  • “Confirmation Date” means the date when all the following apply:
    • A request to supply Services has been received from the Client by DPAS;
    • DPAS has confirmed to the Client that the course or other Services requested are available and the price is correct; and
    • Payment has been received or alternative payment method agreed.
  • “Contract” means the contract between DPAS and the Client under which the Services are to be supplied by DPAS to the Client.
  • “Working Day” means every day of the week apart from Saturday, Sunday and statutory holidays. 
  • “Month” means a calendar month. 
  • “Week” means seven consecutive days.
  • “Intellectual Property” includes all training materials, course manuals, inventions, patent applications, granted patents, registered, and unregistered designs, copyright works, trademarks and confidential information.

2. PRICES

  • The price payable for the Services shall be the price stated and agreed by DPAS at the date the contract was entered into, or the sign-up date, where it concerns a training course.
  • DPAS reserves the right to increase the price from that advertised on the website or proposal, or in any other form at our discretion and for any reason prior to contact or course commencement.
  • Where this affects the price payable by the Client and the Client has made payment of the previous advertised price (not including Purchase Orders and Reservations) and does not wish to proceed at the increased price a full refund will be payable by DPAS.
  • The price does not include travel, accommodation, meals or other related expenses unless explicitly stated.
  • All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.

3. TERMS OF PAYMENT

  • Where the Services relate to the provision of a training course, payment by credit card, debit card or bank transfer is required no later than 25 Working Days before the course start date.  Special arrangements may be separately agreed in writing in the case of late bookings.
  • Where Services involve other services or goods, payment is required 5 Working Days prior to delivery or as otherwise agreed in writing.
  • DPAS is entitled to charge interest at 2% per Month or part thereof on overdue payments.
  • Where pre-agreed by DPAS, training payment may be agreed by purchase order (from a company based within the UK only). Where payment by purchase order is agreed these Terms and Conditions shall remain in full force and no variation to these Terms and Conditions is accepted by DPAS.
  • Where agreement has not been provided in writing any additions or variations to these Terms and Conditions shall be null and void.
  • Where you register to attend one of or free events or webinars, no payment will be required. Attendees must register in advance through the official registration platform, Eventbrite. Tickets are subject to availability and on a first-come, first-served basis. Each organisation is able to obtain two tickets.

4. TRAINING COURSE DURATION

  •  Course durations are clearly stated on the website.
  • All classroom-based courses are run on working days only, unless otherwise stated.  

5.  Cancellation and Transfers, with respect to Training Courses 

  • DPAS reserves the right to cancel or arrange an alternative date for a course.  In such circumstances DPAS will endeavour to provide notice of cancellation or change to the Client. In the event of cancellation, the Client will be entitled to a full refund of the course fee. DPAS shall not be liable for any other loss or expenses arising.
  • The Client may cancel the course booking by notifying DPAS in writing by acknowledged email or by recorded delivery as soon as reasonably practicable.  The Client shall also be deemed to have cancelled the course booking if the delegate does not attend the event.  The Client shall be liable to pay a cancellation fee as follows:

 General (Online) Scheduled Courses: 

Notice Given | Proportion of Course Fee Payable 

 0 – 25 Working Days | 100% 

26 – 40 Working Day | 50% 

Customer Specific Courses (for example on Client’s site): 

Notice Given | Proportion of Course Fee Payable 

0 – 25 Working Days | 100% 

 

  •   In the event that the delegate is unable to attend the course booked, DPAS will endeavour to transfer the delegate to an alternative course.  If this is request is 26 or more Working Days from the start date of the original course, then the only charges applicable will be an administration fee of £25 (plus VAT) plus any difference in course price.  If a transfer is requested within 26 Working Days of the original date, then the cancellation fee above shall be payable.
  • DPAS will endeavour to accommodate requests by the Client to substitute one delegate for another but is under no obligation to do so.  Such requests are subject to the replacement delegate meeting the pre-requisites for the course.  In the event of substitution, the Client shall pay an administration fee of £25 plus any unavoidable costs relating to the change.

6. accredited training courses

  • DPAS offers accredited training courses and to enable delegates to sit their chosen exams DPAS must pass some personal information to the professional accrediting bodies. This will enable candidates to sit their exams and gain access to their  associate membership.
  • DPAS delivers accredited training courses for the Chartered Institute for IT – BCS and International Association of Privacy Professionals – IAPP. DPAS have signed a Provider Contract with both BCS and IAPP which allows us to deliver the following Certified training courses:
    • BCS Foundation certificate in Data Protection
    • BCS Practitioner certificate in Data Protection
    • BCS Practitioner certificate in Freedom of Information
    • BCS Foundation Certificate in Information Security Management Principles
    • IAPP Certified Information Privacy Professional (CIPP/E)
    • IAPP Certified Information Privacy Manager (CIPM)
    • IAPP Artificial Intelligence Governance Professional
  • DPAS is not a Data Processor for, nor does it process personal data on behalf of the BCS and IAPP.
  • As an Accredited Training Provider of both online/virtual as well as in-person training, DPAS share limited personal information with the accrediting body to fulfil its contract with a Client. DPAS shares the delegate’s name and email address prior to the commencement of the course to enable the delegate to book and sit an exam. The accrediting body then contacts the delegate directly to create a log-in portal on their site. DPAS does not have access to the delegate portal, and Clients are advised to review the accrediting body’s privacy notice for any further processing of personal data by them.
  • We are required to provide the BCS and IAPP feedback from delegates regarding courses they have attended. Delegates receive a feedback form at the end of their course, which enables us to fulfil our obligation, and also allows us to improve the quality of our training services. We are grateful to all delegates that complete these forms, including giving your name to enable your comments to be used.
  • The accrediting bodies share your exam results with DPAS as DPAS is the Accredited Training Provider (ATP). This benefits DPAS in a number of ways:
    • It enables DPAS to monitor the success of its training.
    • It helps DPAS to improve the service DPAS offers you.
    • It allows DPAS to maintain a record of exam results for its delegates.
  • DPAS will not share this information with any third party. 

7. cancellation with respect to events

  • Where we host a free conference, there are no fees associated with attendance, therefore, there are no refunds.
  • If you cannot attend the event for any reason, DPAS will need to be provided with a minimum of 2 weeks’ notice.
  • Non-attendance or failure to provide the required notice will result in refusal to attend any future events and a charge will be made to recoup the costs incurred by DPAS on the basis of your confirmed registration. Non-attendance will be charged at £75.
  • In the event of special or mitigating circumstances that caused non-attendance, DPAS will review on a case by case basis.
  • We reserve the right to make changes to the conference date, time, schedule, including speakers, sessions, and timings, without prior notice. However, we will notify all ticket holders of any changes as soon as reasonably possible.

8. Accessibility and dietary requirements

  • While attending one of our events or courses, we ask that you provide us with any details regarding your accessibility requirements, if any. 
  • Where DPAS provides food at the event and you have any specific dietary requirements, will need to you to notify us no later than 2 weeks prior to the event.

9. photography and recording

  • By attending our DPAS conference, attendees consent to being photographed, filmed, or recorded for promotional purposes. 
  • If you do not want to be filmed, please contact DPAS 7 days in advance of the event.

10. CREDIT RATING

  • DPAS reserves the right to assess the financial status of any organisation or individual making a booking or in the process of making a booking and also reserves the right to require payment prior to confirming a booking.   

11. LIABILITY

  • DPAS’ total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the Client’s property, personal injury, or death. personal injury or death.
  • DPAS shall not be liable howsoever caused for indirect or consequential loss including but not limited to loss of profits; loss of revenue; loss of goodwill; failure to achieve savings.
  • DPAS shall not be liable for any failure of the Client’s course attendees to obtain Continuing Professional Development credits, save where the instruction given by DPAS was grossly negligent. In any such case, liability will be limited to the cost of course attendance.
  • Personal belongings or items belonging to a Client that are brought into a training course by the aforementioned Client, are the sole responsibility of the Client. We accept no responsibility for the items or any loss or damage that may occur during the course.
  • While attending one of our events, DPAS are not responsible for any loss, injury, or damage to persons or property during the event, attendees are advised to secure their own personal belongings. DPAS will not be held liable if you fail to provide the details requested on Eventbrite and those contained within these Terms and Conditions, including accessibility and dietary requirements.
  • If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will still be valid and enforceable.
  • These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.

12. Force Majeure 

  • DPAS shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, sickness, or other cause beyond its reasonable control.
  • If DPAS is unable to perform its duties and obligations under this contract as a direct result of one or more such causes, DPAS shall give written notice to the Client of such inability stating the cause in question. 

13. Data Protection and Confidentiality 

  • The policy of DPAS with respect to data protection is detailed in its Privacy Notice which should be read in conjunction with these terms and conditions of contract.
  • Where Services are for CPD accredited training courses:
    • DPAS will process the names, attendance dates, job title, and place of work data of attendees, per its obligations to fulfil the terms of this contract. DPAS will maintain this data for a minimum of 6 years after the course completion date, per industry best practice and the Limitations Act 1980. This data will be processed on its CRM (provided by Arlo Software Ltd) for this purpose only. DPAS have a contract in place with this CRM provider. This data will also be shared with the trainer on the day of the course, who will have a contract with DPAS. To find out the identity of this trainer in advance of this information being shared, please contact info@dataprivacyadvisory.com.
    • DPAS will process the payment details of the Client, through its website (hosted by Arlo Software Ltd) and using its accounting provider, Xero Ltd. DPAS will maintain a record of this payment for a minimum of six years, per its legal obligations under the Limitations Act 1980. Card payment details will not be retained beyond immediate use in the payment gateway. Payment status will be held on Arlo CRM and accessed by those employees that need access to perform their roles for this purpose only. DPAS has a contract in place with Xero, whereby they and their sub-processors meet EEA standard adequacy arrangements.
    • DPAS will process information relating to attendee transport for parking reasons, disability (where required) and dietary requirements to organise the logistics of the course. DPAS will retain this information for up to a maximum of 30 working days post course completion. This data will be processed on Arlo CRM for this purpose only. For more information about this, please see the DPAS privacy notice.
    • DPAS and its trainers will access the names, of attendees, and any answer sheets and pass or fail status per its contractual obligation to award the CPD credits. DPAS will also collate statistical evidence using this personal data to evaluate the effectiveness of training, to improve upon the courses and to assist DPAS in providing further advice to the Client. DPAS will keep this in an identifiable form for 1 year only, after which, any statistical conclusions will be kept in an anonymised format. This data will be stored on Arlo CRM for this purpose only. DPAS have a contract with this software provider. DPAS will also share the pass/ fail status of attendees with the Continuing Professional Development body, where required to by contract.

14. intellectual property

  • All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it DPAS, its Training Provider or others.
  • Intellectual Property, which is identified as, or can reasonably be deemed to be, confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of DPAS.  The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation. 
  • Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify DPAS against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.
  • With respect to DPAS events, all intellectual property rights, including copyrights, trademarks, and any other proprietary rights related to the conference content, remain with the respective rights holders.

15. General

  • The Contract shall only become effective from the date that both parties have signed the Contract.
  • Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by DPAS, or its Training Providers shall be subject to correction without any liability on the part of DPAS.
  • No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of DPAS.
  • DPAS may assign or sub-contract the whole or any part of the Contract to any person, firm, or company.
  • These Terms and Conditions expressly exclude any right afforded the Training Provider or any other third party pursuant, where applicable to the Contracts (Rights of Third Parties) Act 1999.
  • During the term of the Contract and for a period of 12 months thereafter, the Client shall not directly or indirectly employ or solicit for employment any employees of DPAS or its Training Providers.
  • The invalidity or unenforceability for any reason of any condition, sub-clause or paragraph of these Terms and Conditions shall not prejudice or affect the validity or enforceability of the remainder.
  • These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

16. code of conduct

  • At DPAS, we take the health and safety of our staff, delegates and visitors at our training facilities or training locations very seriously so we are sharing our precautions and guidance on steps that we all should be taking.
  • We continually monitor government guidance on health and safety requirements.
  • It is the Client’s responsibility to ensure that their staff attending any DPAS training courses or events are fit to do so.
  • All staff, participants, contractors, or event attendees are expected to conduct themselves in a professional and respectful manner during the conference. Harassment or disruptive behaviour will not be tolerated and may result in you being asked to leave the event or course.

17. company information

  • “DPAS” and “Data Privacy Advisory Service” are the trading names of Gooding&Co Ltd.
  • Company No: 10625448  VAT registration: 266679449
  • Trading (and Registered Company) Address: Unit 14 Dunchideock Barton, Dunchideock, Exeter, EX2 9UA
  • Telephone 0203 301 3384
  • Email info@dataprivacyadvisory.com

18. changes to this notice

We reserve the right to update our terms and conditions from time to time. Updates to our terms and conditions will be published on our website. To ensure you are aware of when we make changes to our terms and conditions, we will amend the revision date below. Changes apply as soon as they are published on our website. We therefore recommend that you visit this page regularly to find out about any updates that may have been made.

The Terms & Conditions were last updated on the 6th of August 2024.

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