Midshore Online Training

Notes:

• Data Privacy Notice
• Data Retention Policy

General Terms & Conditions

1. Agreement
   1. By using the website or engaging with Midshore, you agree to be bound by the following terms:
2. Amendments
   1. Midshore reserves the right to amend these terms from time to time. You will be notified of any amendments made by notification on the website. However, it is your responsibility to check for such changes.
      1. If you have already engaged with Midshore, you will be notified of any changes by the most appropriate method of communication.
   2. These changes will apply to the use of the website from the date specified above within the section headed Notes.
   3. If you do not accept the terms and conditions, you should not engage with Midshore and should no longer use this website.
3. Intellectual property
   1. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website. This also includes but is not limited to:
      1. Any information available on any texts / website / content unless otherwise stated.
      2. Any third-party information, unless otherwise stated.
   2. As such, no part of this website or any part of texts and content may be used in whole or part, in any manner without the permission of the copyright owner.
4. Data Privacy and data processing
   1. Our data privacy policy can be found at: https://www.midshoreconsulting.com/data-protection-privacy-policy/
   2. Midshore aims to ensure that individuals are aware that their data is being processed, and that they understand:
      1. How their data is being used
      2. How to exercise their rights
      3. How to complain
   3. You should read our Data Privacy Policy for full details on this.
5. Data Retention
   1. Our data retention policy can be found at: https://www.midshoreconsulting.com/data-retention-policy/
6. Cookie Information
   1. Our cookie policy can be read within our Data Privacy Policy.
7. Indemnity
   1. You agree to fully indemnify, defend and hold our directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. Third-party links
   1. As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
9. Eligibility
   1. Persons under the age of 18 should not use this website.
10. Information
    1. The information contained in this website is for general information purposes only. The information is provided by Midshore and third-parties where noted.
    2. You should not rely on this information and do so only at your own risk.
11. Acceptance
    1. Upon reading these terms and checking the affirmative box or giving proper confirmation that these terms have been read and understood, these terms form the entire basis of any agreement reached between you and Midshore.
12. Law and Jurisdiction
    1. These terms shall be governed by and construed in accordance with the laws of the Bailiwick of Guernsey and any disputes shall be decided only by the Guernsey Courts.

Course / Event / Training Specific Terms and Conditions

1. Study Materials
   1. Course notes will be supplied to delegates at the start of the course.
   2. Under no circumstances are course notes transferable.
2. Course Attendance
   1. Delegates must bring the relevant course joining instructions to all sessions of the course. Failure to do so may lead to Delegates being refused entry to the course.
   2. Failure of a Delegate to attend a course will result in the Employer being notified of non-attendance. If a Delegate fails to attend, they will not be eligible for a refund and an administrative re-booking fee of £30 will be applied.
   3. The Employer may substitute a different Delegate up to 2 business days prior to the commencement of the course without charge. Any change within 2 business days prior to the commencement of the course will be made subject to a £30 administration fee.

3. Intellectual Property
   1. Midshore grants the Delegate a non-transferable, non-exclusive license to use Midshores course materials under the terms of this Agreement.
   2. This license terminates on termination of this Agreement.
   3. The Delegate warrants that they shall only use Midshores course materials for their own educational purposes and shall not, without Midshores prior written consent, copy, make available, re-transmit, reproduce, sell, disseminate, license, distribute, publish, broadcast or otherwise circulate Midshores course notes (or any part of them) to any person other than in accordance with this Agreement.
   4. The Delegate and the Employer shall fully indemnify Midshore in respect of any infringement of intellectual property rights arising as a result of their use of Midshores course materials in breach of this Agreement.
4. Change of contact details
   1. Midshore must be notified in writing of any change in an Employers or Delegates contact details.
5. Enrolment Periods
   1. Manual enrolments will last for 12 months from activation.
   2. PayPal enrolments will last for 12 months from activation.
   3. Enrolments can be extended at the discretion of Midshores administration team.
   4. Reactivation of enrolment (for 12 months) will be subject to an administrative charge of £30 or the course total. Whichever is less.
   5. When a course becomes obsolete, either by a newer course superseding the previous course, or the course expires, as long as the enrolment period has not expired or has 90 days or longer remaining, candidates will be offered access to the course replacing the obsolete course (where applicable) at reduced fee equal to that of their organisational discount.

6. Security
   1. Personal possessions are the sole responsibility of the Delegate and Midshore accepts no responsibility for anything that is lost or stolen from its training venues. Delegates are advised to keep valuables with them at all times.

7. Notices
   1. Any notices required to be served by Midshore under this Agreement will be deemed properly served in sent via prepaid postage to the postal address, or emailed to the email address, notified by the Employer or the Delegate, at Midshores discretion.
8. Limitation of Liability
   1. The liability for Midshore for direct losses arising out of their negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the cash receipts from the Delegate or Employer for the course.
   2. Midshore shall not be liable for any direct or consequential loss whether arising from negligence, breach of contract or otherwise.

9. Warranty
   1. Midshore warrants that course materials will be of satisfactory quality but does not warrant that course materials will be error free.
   2. Midshore warrants that it will perform any services under this Agreement with reasonable skill and care.
   3. These warranties are provided in lieu of all other warranties express or implied which are hereby excluded to the fullest extent permitted by law.
10. Data Protection
    1. Employers and Delegates agree that, in relation to information held from time to time, Midshore may:
       1. Use the information to perform their obligations and enforce rights under this Agreement
       2. Use the information to inform Employers and Delegates about courses, products or services which may be of interest to them.
       3. Use the information to inform Employers and Delegates with feedback.
       4. Communicate with Employers about Delegates progress and attendance.
    2. Employers and Delegates have the right to receive details of the personal information held by Midshore.
    3. In the event that Employers and Delegates do not wish to receive correspondence from Midshore, a written request should be sent to Midshore Consulting Limiteds correspondence address.
    4. Our Data Protection and Retention policies apply to all data held or processed by Midshore.
11. Validity
    1. If any provision is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent.
12. Jurisdiction
    1. The parties to this Agreement irrevocably submit to the exclusive jurisdiction of the Guernsey Courts for the determination of disputes arising under this Agreement.
13. Promotions & Discounts
    1. Any promotions or discounts listed on our website are only valid during the dates displayed. If no date is displayed, we reserve the right to refuse the promotion displayed.
    2. Where promotions are displayed any other discounts usually available do not apply. This includes multiple user discounts when booking training through our MOT platform.

General Payment Terms and Conditions

1. Invoice Terms
   1. Full payment must be made within 14 calendars days of the invoice date.
   2. In the case of bookings, no booking will be considered complete until payment has been received.
      1. Cancellation within 14 calendar days prior to the start of a course will result in a 50% refund.
      2. Cancellation within 7 calendar days prior to the start of a course will result in no refund
2. Late Payment Terms
   1. Midshore reserve the right to levy a suitable administration charge (Generally 2%) for late payments of an invoice or booking.
3. Payment Methods
   1. Acceptable payment methods for services, goods or any other materials are:
      1. Bank Transfer
      2. Cheque
      3. Cash
      4. PayPal
   2. Where a third-party payment provider is used you should already have accepted their relevant Terms and Conditions and Data Privacy Policies, the information you share with them is passed on to us in order to complete the transaction. Therefore your contract is with the third-party agent, we accept no liability for loss or corruption of data in this insatance.

Definitions:

Contact Information

Notes:

• Terms and Conditions
• Data Retention Policy

Midshore Consulting Limited ("us", "we", or "our") operates the www.midshoreonlinetraining.com website (the "Service"). This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. Midshore Consulting is a business providing the following services:

• Consultancy Services
• Training Services
• Website, Design and & SEO Services

Why this policy exists

• Complies with data protection law and follows good practice
• Protects the rights of employees, customers and partners
• Is open about how it stores and processes individuals data
• Protects itself from the risks of a data breach

Relevant law and regulation

• The Data Protection (Bailiwick of Guernsey) Law, 2017 (the Guernsey Law)
• Ordinances and regulation promulgated under the Guernsey Law
• The General Data Protection Regulation (the GDPR) of the European Union with respect to its extraterritorial nature
• Any other international or foreign legislation that may, by reason of its extraterritorial nature, have impact on the processing of personal data in the Bailiwick of Guernsey

• Be processed lawfully, fairly and in a transparent manner
• Be obtained only for specific, explicit and legitimate purposes and must not be processed in a manner incompatible with the purpose for which it was collected
• Be adequate, relevant and limited to what is necessary in relation to the purpose for which it is processed
• Be accurate and, where applicable, kept up to date with reasonable steps being taken to ensure that personal data that is inaccurate is erased or corrected without delay
• Not be kept in a form that permits identification of the data subject any longer than is necessary for the purpose for which it is processed
• Be processed in a manner that ensures its security appropriately, including protecting it against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures

Data Retention Summary

What are Cookies?

• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.

How We Use Cookies

Disabling Cookies

The Cookies We Set

Third Party Cookies

Finally, our websites use Hotjar Analytics, this is done by a tracking code and allows our team to look at the way users browse our website (anonymously). This data is stored without any recognisable data and allows our team to make informative changes to improve user experience.

If you wish to not be tracked by Hotjar, please see their guide here.

Types of Data Collected

• Email address
• First Name and Last Name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Dispatch address and Name
• Cookies and Usage of Data

Usage of Data

• When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
• Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.
• Data must be encrypted before being transferred electronically. The IT manager can explain how to send data to authorised external contacts.
• Personal data should never be transferred outside the Bailiwick of Guernsey, the European Economic Area or an equivalent jurisdiction, unless previously approved by the board due to there being some mechanism in place.

• To provide and maintain the Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer care and support
• To provide analysis or valuable information so that we can improve the Service
• To monitor the usage of the Service
• To detect, prevent and address technical issues

Transfer of Data

Disclosure of Data

• To comply with a legal obligation
• To protect and defend the rights or property of Midshore Consulting Limited
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

Disclosing data for other reasons

General data protection policies relating to staff

• The only people able to access data covered by this policy should be those who need it in respect of the function(s) they perform
• Data should not be shared informally. When access to confidential information is required, employees can request it from their line manager.
• Midshore will provide training to all employees to help them understand their responsibilities when handling data.
• Employees should keep all data secure, by taking sensible precautions and following this policy and related procedures.
• Strong passwords must be used and they should never be shared.
• Personal data should not be disclosed to unauthorised people, either within the business or externally.
• Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of as detailed in the Data Retention Policy.
• Employees should request help from their line manager or the person responsible for data protection if they are unsure about any aspect of data protection.

Security of Data

Data Protection Risks

• Breaches of confidentiality, for example information being given out inappropriately
• Failing to offer choice, for example all individuals should be free to choose how the business uses data relating to them

Data Storage

• When not required, the paper or files should be kept in a locked drawer or filing cabinet.
• Employees should make sure paper and printouts are not left where unauthorised people could see them, like on a printer.
• Data printouts should be shredded and disposed of securely when no longer required.

• Data should be protected by strong passwords that are changed regularly and never shared between employees.
• If data is stored on removable media (CD, DVD, USB flash drive or external hard drive), these should be kept locked away securely when not being used.
• Data should only be stored on designated drives and servers and should only be uploaded to an approved cloud computing service.
• Servers containing personal data should be sited in a secure location, away from general office space.
• Data should be backed up frequently. Those backups should be tested regularly, in line with the business standard backup procedures.
• Data should never be saved directly to laptops or other mobile devices like tablets or smart phones.

Data Accuracy

• Data will be held in as few places as necessary. Staff should not create any unnecessary instances of personal data.
• Staff should take every opportunity to ensure data is updated. For instance, by confirming a customers details when they call.
• Midshore Consulting will make it easy for data subjects to update the information held in respect of them.
• Data should be updated as inaccuracies are discovered and as clients advise that it requires updating.

Subject Access Requests

• Ask what information the company holds about them and why
• Ask how to gain access to it
• Be informed how to keep it up to date
• Be informed how the company is meeting its data protection obligations

Service Providers

Links to Other Sites

Privacy for Children

Changes to this Privacy Policy

• Midshore Consulting
• All staff of Midshore Consulting
• All contractors, suppliers, outsource providers and other people working on behalf of Midshore Consulting

• Names of individuals
• Postal and physical addresses
• Email addresses
• Telephone numbers (including mobile telephone numbers)

Contact Us

• By email: enquiries@midshoreonlinetraining.com
• By visiting this page on our website: www.midshoreonlinetraining.com/local/staticpage/view.php?page=Contact_Us
• By phone number: 01481 730733
• By mail: Midshore Consulting Limited, Trinity Square Centre, Upper Mansell Street, St Peter Port, Guernsey, GY1 1LY

Notes:

• Data Privacy Notice
• Terms and Conditions

Overview

Purpose

Scope

Policy

Reasons for Data Retention

• Litigation
• Accident investigation
• Security incident investigation
• Regulatory requirements
• Intellectual property preservation
• Client access both business and personal

Data Duplication

• Backups
  • We create monthly, weekly and daily backups of all our systems so that in the event of a systems failure we are able to restore data accurately and efficiently
  • These backups are stored onsite for daily and weekly backups and offsite for monthly backups on an encrypted drive.
• Sharing with approved partners
  • This will open happen when pre-approved and in order to complete schedules outlines within consultation agreements
• Midshore Online Training
  • Some information is duplicated on our Midshore Online Training (MOT) platform, this will only be done should you engage with Midshore for online training.

Retention Requirements

• Personal customer data:
  • Personal data will be held for as long as the individual is a customer of the company plus 5 years.
• Client Relationship Data
  • This will be held for 5 years after the end of the client relationship
• Personal employee data:
  • General employee data will be held for the duration of employment and then for 5 years after the last day of contractual employment.
  • Employee contracts will be held for 5 years after last day of contractual employment.
  • Tax payments will be held for 6 years.
  • Records of leave will be held for 3 years.
  • Recruitment details:
    • Interview notes, CV's, Supporting Documentation including Criminal Record Checks of unsuccessful applicants will be held for 1 year after interview.
• Planning data:
  • 5 years.
• Health and Safety:
  • 5 years for records of major accidents and dangerous occurrences.
• Public data:
  • Public data will be retained for 3 years.
• Operational data: Most company data will fall in this category.
  • Operational data will be retained for 5 years.
• Critical data including Tax and VAT:
  • Critical data must be retained for 6 years.
• Confidential data:
  • Confidential data must be retained for 7 years.

Retention of Encrypted Data

Data Destruction

Applicability of Other Policies

Enforcement

Definitions