Terms & Conditions

Summary of your key rights if you are a consumer:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. However, you do not have this right to cancel once delivery of the content has started (i.e. once streaming has started), provided you have been told this and have acknowledged this (for which see clause 8 below).

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If the digital content is faulty you’re entitled to a repair or a replacement or, if this is not reasonably practical, you can get some or all of your money back. If you can show that faulty digital content has damaged your device and we haven’t used reasonable care and skill to prevent this, you may be entitled to a repair or compensation.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06. The information in this summary is not intended to replace the terms below which you should read carefully.

  1. About these terms of and conditions

1.1. These terms and conditions (together with any documents referred to in them, including our privacy policy and cookie policy) explain how you may use this website, all associated web pages and any associated mobile applications or other software applications (together the “Site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our Site. These terms and conditions also set out how you can pay to access the On-Line Courses and other content available on our Site (the “Content”).

1.2. By accessing or using this Site or paying to access Content you agree to be bound by, and comply with, these terms and conditions (and any documents referred to in them), so please read them carefully before you start to use the Site. If you do not agree with or accept any of these terms, you should stop using the Site immediately.

1.3. We may update these terms from time to time in accordance with clause 21.3 below.

  1. About us

2.1. The Site is operated by Unleash Your Potential Ltd (“we”, “us” or “our”). We are a company registered in England and Wales under company number 8967995 and have our registered office at Oak Tree Court, Mulberry Dr, Pontprennau, Cardiff CF23 8RS. Our VAT number is 258908166

2.2. If you have any questions about us, the Site or our services you can contact us on [email protected]

  1. Key information we have to give you

3.1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that we must give you certain key information before a legally binding contract between you and us is made. This key information is set out in our terms and conditions and on the Site and includes: the main characteristics of our services; your obligations in relation to our services (for example your payment obligations); your rights (including your cancellation rights); and our contact details in case you need to get in touch with us for any reason. The key information we give you by law forms part of our contract with you (as though it were set out in full here).

3.2. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

  1. Using the Site and restrictions on use

4.1. We permit you to use the Site only in accordance with the terms and conditions set out here (and any documents referred to here). Use of the Site in any other way, including in any way that contravenes any restriction set out in these terms and conditions, is not permitted. If you do not agree with the applicable terms you should not use the Site. We may prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions, any terms or policies to which they refer, or any applicable law.

4.2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

4.3. As a condition of your use of the Site, you agree not to use the Site to carry out or promote any activity that is unlawful in any way under any applicable law, and not to use the site for any purpose that is prohibited by these terms and conditions.

4.4. The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

4.5. From time to time we may provide features that let users post reviews of our Content. We reserve the right not to approve or display reviews that we deem to be inappropriate in any way.

  1. Creating an account and keeping account details secure

5.1. In order to use certain features of our Site, and to access our Content, you must create an account on the Site (an “Account”). You can apply to create an Account through the relevant sign-up page on the Site.

5.2. We reserve the right, at our discretion, not to allow you to create an Account. This may be due to technical constraints, because you have been banned by us from using the Site or accessing our Content, or for any other reason.

5.3. During the application process you will choose, or be provided with, unique user information (for example a username and password) as part of our security procedures (“Login Information”). You agree that you are solely responsible for keeping your Login Information confidential and you warrant (i.e. legally promise) that you will do so. You must not disclose your Login Information to any third party in breach of these terms and conditions. If you know or suspect that anyone other than you knows your Login Information you must promptly notify us.

5.4. You acknowledge and agree that you are responsible for all activity carried out on the Site through your Account, and that you will be liable to us for any reasonable costs and expenses incurred by us as a result of any breach of these terms and conditions committed through your Account.

  1. System compatibility

6.1. Before you place your order with us (see clause 7) you must check that the hardware and software requirements of your computer or device mean that you can stream the Content. If your computer or device blocks the automatic stream of the Content or the automatic stream does not start, please check that the hardware and software requirements of your computer or device are compatible and try again.

  1. Ordering Content from us

7.1. Below, we set out how a legally binding contract between you and us is made. This process applies to you if you are paying to access Content through the Site.

7.2. You purchase access to Content through the Site by accessing the page relating to that Content and following the instructions. You confirm and place your order by clicking the ‘PAY NOW’ button. Any orders you place will be subject to these terms and conditions.

7.3. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting your order to us. In particular, you should check your system compatibility before you confirm and place your order (see clause 6).

7.4. When you confirm and place your order (i.e. when you click on the ‘PAY NOW’ button), we will process your order and, provided that we do not decline your order (see clause 7.5):

7.4.1. a legally binding contract will be in place between you and us;
7.4.2. an email will be sent to you with log in details if it is the first time you have purchased an on-line course, or you will see the newly purchased course appear in your account if you are an existing customer; and
7.4.3. you will have the option to stream the Content as many times as you like, which you can do by logging into your Account and clicking onto the relevant video on the Site course page. You will continue to have unlimited access to the Content for the lifetime of the course. Unleash Your Potential Ltd reserves the right to withdraw any Content from sale or access without explanation. In the event Content is withdrawn you will be given 30 days’ notice of this.

7.5. We may decline your order in certain circumstances, including (but not limited to):

7.5.1. if the Content is unavailable;
7.5.2. if we cannot authorise your payment;
7.5.3. if you are not allowed to buy access to the Content from us; or
7.5.4. if there has been a mistake on the pricing or description of the Content.

  1. No right to cancel this contract once streaming starts

8.1. When you buy access to the Content:

8.1.1. you have no right to cancel this contract once the automatic streaming of it starts; and
8.1.2. you must read the following statement, agree to it, and tick the relevant box when buying access to the Content: ‘I have read and agree to Unleash Your Potential’s terms and conditions, I hereby consent to immediate performance of this contract when clicking on the ‘pay now’ button and acknowledge that I will lose my right of withdrawal from the contract once the stream of the content has begun’.

8.2. If you have not been able to stream the Content then you may still have the right to cancel your contract with us. Please contact us on [email protected] if you have any issues with streaming Content through the Site.

  1. Permission to use the Content

9.1. When you buy access to the Content and stream it, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to these terms and conditions. For more information about ownership see clause 10 below.

9.2. The Content:

9.2.1.  is personal to you and your Account. You can access it through your Account (provided you have a sufficient internet connection) wherever you want in the world, but only if you comply with local laws (see clause 4.4 above);
9.2.2.  is non-exclusive to you. We may supply the same or similar Content to other users;
9.2.3.  is, subject to clause 14 below, made available to you for the period specified in clause 7.4.3 above, following which your access to the Content will cease;
9.2.4.  may not be:

(a) copied by you;
(b) changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract any background data, information or coding from it, including the source code, except where any of this is allowed by law);
(c)  combined or merged with, or used in, any other computer program or system;
(d) distributed, sold, shared or otherwise made available by you to any third party; and

9.2.5.  contains information and Intellectual Property Rights which are owned by us or third parties or both. Further information about our Intellectual Property Rights and your related rights and obligations is set out in clause 10 below.

  1. Ownership, use and intellectual property rights

10.1. References in these terms and conditions to “Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software and all similar and related rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever in the world they exist.

10.2. This Site and all Intellectual Property Rights in it are owned by Unleash Your Potential Ltd. Such Intellectual Property Rights are protected by copyright laws and treaties around the world. We reserve all of our and their rights in any such Intellectual Property Rights in connection with these terms and conditions. For the avoidance of doubt, this means:

10.2.1.  you will not own (in whole or in part) the Site or any Content on it; and

10.2.2.  we remain the owners of the Site and the Content and we are free to use them as we see fit.

10.3. Subject to your compliance with our T&Cs, we grant to you a non-transferable, non-exclusive licence to access the Site and the Content in accordance with these T&Cs. Nothing in these terms and conditions grants you any legal rights in the Site or the Content other than as necessary to enable you to access them, and any further or additional use is strictly prohibited unless you have our prior written permission.

10.4. If you copy, download or otherwise use any part of the Site in breach of these terms and conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. Payment

11.1. This clause 11 is subject to clause 14 below.

11.2. The prices payable for accessing Content are noted on the relevant pages of our Site. Prices are in pounds sterling (£)(GBP).

11.3. You can pay by using the credit or debit cards listed on our Site, or by using other payment methods (e.g. Paypal). Your credit card, debit card or Paypal account will only be charged when you click ‘PAY NOW’ (see clause 7.4 above) and start to stream the Content. All payments by credit card or debit card need to be authorised by the relevant card issuer.

11.4. We will do all that we reasonably can to ensure that all of the information you give us when paying for Content is secure. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

  1. Your rights in relation to the Content

12.1. As noted in the summary at the top of these terms and conditions, the Consumer Rights Act 2015 gives you certain legal rights (also known as “statutory rights”), for example, that the Content: (a) is of satisfactory quality; (b) is fit for purpose; and (c) matches its description. We must provide you with Content that complies with your legal rights.

12.2. When we supply the Content we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content.

12.3. Notwithstanding clause 12.2, you acknowledge that there may be minor errors or bugs in the Content or the Site and we do not promise that either are compatible with any third party software or equipment (unless we have specifically stated that they are).

  1. Faulty Content

13.1. A summary of your statutory rights is noted in clause 12.1. For more detailed information on your rights and what you should expect from us, please either:

13.1.1. contact us on [email protected]; or

13.1.2. visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

13.2. Nothing in this contract affects your statutory rights, or any other legal rights that you may have.

13.3. Please contact us on [email protected] if you are unable to access the Content and you want:

13.3.1. us to repair or replace the Content so you can access it; or

13.3.2. a price reduction or refund in respect of any Content you have not been able to access (however please note that under clause 8 above you may not be entitled to a refund in respect of Content you have already accessed).

  1. Ending our contract with you

14.1. We may terminate your contract with us immediately at any time, by giving you notice in writing (including by email), if you commit a severe breach of any of your obligations under these terms and conditions and, if that breach is capable of being remedied, you have failed to remedy that breach within 14 days after receiving written notice (including email) from us requiring you to remedy that breach.

14.2. If we terminate your contract with us under clause 14.1 your right to access the Site and the Content under these terms and conditions shall cease immediately.

14.3. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

  1. Disclaimer, accuracy of information and availability of the Site

15.1. The Site is provided on an “as is” basis. We may update the Site from time to time, and may change the Content at any time.

15.2. Although we try to make sure that the Site and Content are accurate, up-to-date and free from errors, we cannot promise that they will be. Any reliance that you may place on the information or Content on the Site is at your own risk.

15.3. Any content placed on the Site by us is provided for general information purposes only. It does not, and is not intended to, constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of any content on our Site.

15.4. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. If you have any difficulties using the Site, please contact us on [email protected].

15.5. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.

15.6. Access to the Site is permitted by us in our sole and ultimate discretion. We will try to keep disruptions to a minimum, we may suspend, withdraw, discontinue or change all or any part of the Site as we see fit and without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

  1. Third Party Applications

16.1. The Site may from time to time allow integration with third party applications, websites, and services (“Third Party Applications”) to make certain content, products and/or services available to you. These Third Party Applications may have their own terms and conditions of use, privacy policies and/or other applicable terms (“Third Party Terms”) and your use of these Third Party Applications will be governed by and subject to such Third Party Terms.

16.2. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications and we accept no responsibility for any loss or damage suffered by you as a result of the use of any Third Party Application.

  1. Hyperlinks and third party sites

17.1. The Site may contain hyperlinks or references (including banner and pop-up advertising) to third party websites or applications. We have no control over third party websites or applications and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website, application, product or service does not mean that we endorse it and any reliance you place on such hyperlink, reference or advert is done at your own risk.

17.2. Your use of a third party site will be governed by the terms and conditions of that third party site. It is your responsibility to ensure you are happy with such third party terms and conditions.

17.3. You may create a link to the Site from another site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not present or establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

17.4. We reserve the right to withdraw linking permission without notice and to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

  1. Viruses

18.1. We do not guarantee that the Site or the Content will be secure or free from bugs or viruses. You are responsible for configuring your device in order to access the Site and the Content and you should use your own virus protection software.

18.2. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

18.3. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

  1. Limitation of our liability

19.1. Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.

19.2. Subject to clause 21.1, and to the extent permitted by law, we exclude all conditions, warranties and/or representations, whether express or implied, which may apply to the Site or any Content on it.

19.3. Subject to clause 21.1, we will not be liable to any user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of or inability to use the Site, or with reliance on any Content displayed on the Site. In particular, we will not be liable for any business interruption, for any loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage.

  1. General Data Protection Regulations

20.1. You and we shall provide each other with reasonable assistance in complying with our obligations under applicable data protection law insofar as necessary to facilitate each of our compliance with these terms and conditions. Information about how we collect and process user data is set out in our privacy policy and cookie policy.

  1. General legal terms

21.1. Events beyond our control – we shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

21.2. Rights of third parties – no one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.

21.3. Variation – these terms and conditions are dated 9th May 2018. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

21.4. Breach – we shall apply these terms and conditions in our absolute discretion. In the event of your breach of any of these terms we may terminate or suspend your use of the Site, disclose information to law enforcement authorities and/or HMRC or take any action we consider necessary to remedy the breach.

  1. Disputes

22.1. We will try to resolve any disputes with you quickly and efficiently.

22.2. If you are not satisfied with us under these terms and conditions, please contact us as soon as possible by sending an email to [email protected]

22.3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

22.3.1. let you know that we cannot settle the dispute with you, and

22.3.2. give you certain information required by law about the options available to you.

  1. Applicable law

23.1. If you are a consumer, please note that these terms and conditions, their subject matter and formation, are governed by the law of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

23.2. If you are a business, these terms and conditions, their subject matter and formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Privacy Policy

1. INTRODUCTION

This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.unleashyourpotential.org.uk including any information you may provide through our site when you enquire about or purchase a product or service, sign up to our newsletter, download our brochure or take part in a prize draw, quiz, competition or give-away.

By providing us with your data, you warrant to us that you are over 13 years of age.

Unleash Your Potential Ltd is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).

Contact Details

Our full details are:

Full name of legal entity: Unleash Your Potential Ltd

Email address: [email protected]

Postal address:  C/o Watts Gregory, Oak Tree Court, Mulberry Dr, Pontprennau, Cardiff CF23 8RS

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at [email protected].

2. WHAT DATA DO WE COLLECT ABOUT YOU

Personal data means any information capable of identifying an individual. It does not include anonymised data.

We may process certain types of personal data about you as follows:

  • Identity Data may include your first name, maiden name, last name, username, marital status, title, date of birth and gender.
  • Contact Data may include your billing address, delivery address, email address and telephone numbers.
  • Financial Data may include your bank account and payment card details.
  • Transaction Data may include details about payments between us and other details of purchases made by you.
  • Technical Data may include your login data, internet protocol addresses, browser type and version, browser plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices you use to access this site.
  • Profile Data may includeyour username and password, purchases or orders, your interests, preferences, feedback and survey responses.
  • Usage Data mayinclude information about how you use our website, products and services.
  • Marketing and Communications Data may include your preferences in receiving marketing communications from us and our third parties and your communication preferences.

We may also process Aggregated Data from your personal data but this data does not reveal your identity and as such in itself is not personal data. An example of this is where we review your Usage Data to work out the percentage of website users using a specific feature of our site. If we link the Aggregated Data with your personal data so that you can be identified from it, then it is treated as personal data.

Sensitive Data

We do not collect any Sensitive Dataabout you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.

Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

3. HOW WE COLLECT YOUR PERSONAL DATA

We collect data about you through a variety of different methods including:

  • Direct interactions: You may provide data by filling in forms on our site (or otherwise) or by communicating with us by post, phone, email, text, social media (messages or comments) or otherwise, including when you:
    • order our products or services;
    • create an account on our site;
    • subscribe to our service or publications;
    • request resources or marketing be sent to you;
    • enter a competition, prize draw, promotion, quiz or survey; or
    • give us feedback.
  • Automated technologies or interactions: As you use our site, we may automatically collect Technical Data about your equipment, browsing actions and usage patterns. We collect this data by using cookies, server logs and similar technologies. We may also receive Technical Data about you if you visit other websites that use our cookies. Please see our cookie policy at https://wwwunleashyourpotential.org.uk/privacy-cookies for further details.
  • Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
    • Technical Data from the following parties:

WordPress, WordPress Plug-ins, WooCommerce, Zotabox, Google, Facebook and our hosting platform based inside and outside                 the EU;

    • analytics providers such as Google based outside the EU;
    • advertising networks such as Google, YouTube, Facebook (and other social media platforms) and MailChimp based outside the EU; and
    • search information providers such as Google based outside the EU.
    • Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Xero, PayPal and WorldPay based inside and outside the EU.
    • Identity and Contact Data from publicly availably sources such as Companies House, your website, social media platforms such as LinkedIn and the Electoral Register based inside and outside the EU.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when legally permitted. The most common uses of your personal data are:

  • Where we need to perform the contract between us.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal ground for processing your personal data, other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by emailing us at [email protected]

Purposes for processing your personal data

Set out below is a description of the ways we intend to use your personal data and the legal grounds on which we will process such data. We have also explained what our legitimate interests are where relevant.

We may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please email us at [email protected] if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

 

Type of data

 

Lawful basis for processing

 

To register you as a new customer

 

(a) Identity

(b) Contact

 

Performance of a contract with you

 

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

 

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

 

(a) Performance of a contract with you

(b) Necessary for our legitimate interests to recover debts owed to us

 

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

 

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

 

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests to keep our records updated and to study how customers use our products/services

 

To enable you to partake in a prize draw, competition or complete a survey/quiz

 

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

 

(a) Performance of a contract with you

(b) Necessary for our legitimate interests to study how customers use our products/services, to develop them and grow our business

 

To administer and protect our business and our site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

 

(a) Identity

(b) Contact

(c) Technical

 

(a) Necessary for our legitimate interests for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise

(b) Necessary to comply with a legal obligation

 

To deliver relevant content and advertisements (inc Facebook/social media adverts, remarketing and other display adverts) to you and measure and understand the effectiveness of our advertising

 

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

 

Necessary for our legitimate interests to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy

 

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

 

(a) Technical

(b) Usage

 

Necessary for our legitimate interests to define types of customers for our products and services, to keep our site updated and relevant, to develop our business and to inform our marketing strategy

 

To make suggestions and recommendations to you about goods or services that may be of interest to you

 

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

 

Necessary for our legitimate interests to develop our products/services and grow our business

 

 

Marketing communications 

You will receive marketing communications from us if you have:

  • requested information from us or purchased goods or services from us; or
  • if you provided us with your details when you entered a competition or registered for a promotion or free resources; and
  • in each case, you have not opted out of receiving that marketing.

We will not share your personal data with any third party for marketing purposes.

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at [email protected] at any time.

Where you opt out of receiving our marketing communications, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to find out more about how the processing for the new purpose is compatible with the original purpose, please email us at [email protected]

If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will notify you and we will explain the legal ground of processing.

We may process your personal data without your knowledge or consent where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:

  • Service providers who provide IT and system administration services.
  • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities based in the United Kingdom and other relevant jurisdictions who require reporting of processing activities in certain circumstances.
  • Service providers who provide operational, customer services, sales and marketing support services.
  • Third parties to whom we sell, transfer, or merge parts of our business or our assets.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or
  • Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
  • Where we use providers based in the United States, we may transfer data to them if they are part of the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

Please email us at [email protected] if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

You can see more about these rights at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you wish to exercise any of the rights set out above, please email us at [email protected]

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 10.THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

11. COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see https://wwwunleashyourpotential.org.uk/cookie-policy

12. CHANGES TO THIS PRIVACY POLICY

 We have discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

13. YOUR ACCEPTANCE OF THESE TERMS

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

DATED: May 2018

Cookie Policy

Cookies are very small text files that are stored on your computer when you visit most websites. They are stored by our server and only our server will be able to retrieve or read the contents of that cookie. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier and the site name and some digits and numbers. It allows us to remember things like your preferences.

We use them to help identify your computer so we can tailor your user experience whilst browsing and interacting with our content. The use of cookies ensures the best user experience and will also tell us which pages you find most interesting (anonymously).

It is possible to block some or all cookies, or even to delete cookies that have already been set; but you need to be aware that you might lose some functions of the website.

We are continuously looking at ways to improve your experience with us and will only use cookies where absolutely necessary.

Complaints Policy

INFORMATION ABOUT OUR COMPLAINTS POLICY

We put our customers at the heart of everything we do and making sure you’re happy with the support and training we give you is important to us. However, sometimes we miss the mark and if you’re not satisfied with our customer service, coaching or training we want to know about it. It is your feedback that helps us improve our service and avoid making the same mistake twice.

Step 1 – Contact us

If you’re unhappy with any aspect of the service you’ve had from us, then the first step is to contact our Customer Support team. We will aim to resolve most issues quickly and informally as soon as you get in touch. We can be contacted Monday to Friday during office hours by email or phone:

Step 2 – Taking your complaint further

If you have raised your complaint through our Customer Support team and are not satisfied with the response, you can make a formal complaint in writing to the Company Director (this should be posted to the address below AND also emailed to: [email protected]).

Please include as much information about the complaint as possible and the reason you were not satisfied with our response. This might include:

  • Course details
  • Names of people you dealt with
  • Relevant dates and times
  • Any other correspondence or supporting documentation

Please also include what steps you would like us to take to resolve the issue. The Company Director will then review your complaint and the responses from our team.

We will acknowledge your complaint within 2 working days and begin our investigation (the only exception to this timescale is where the Company Director is out of the business). We will aim to respond with a final response within 10 working days from acknowledgement. Depending on the nature of your complaint our investigation may take longer to complete. If this is the case we will inform you and let you know when you can expect our response.

Please send your escalated complaint in writing to:

Unleash Your Potential Ltd, C/o 44 Lon-Y-Gors, Caerphilly, South Wales. CF83 1DP