Terms & conditions

Read the combined terms & conditions below.

WEBSITE TERMS

This page (together with the documents referred to on it) (terms) tells you the terms and conditions which apply to your use of www.smartscreen.com (our site). By using our site, you indicate that you accept these terms and that you agree to abide by them.

Our site is operated by The City and Guilds of London Institute (we or our). We are a body incorporated by Royal Charter and registered as a charity in England and Wales (Reg. No. 312832) and in Scotland (Reg. No. SC039576). Our registered office is at Giltspur House, 5-6 Giltspur Street, London EC1A 9DE.

1. Our privacy policy

a. We may process information about you in accordance with our privacy policy below.

2. Your subscription to SmartScreen

a. for the purposes of these terms, “subscription” means, as the case may be:

            - unlimited subscriptions and licences; or

            - licence bundles; or

            - single access licences.

b. Your subscription to SmartScreen is governed by these terms, together with the Terms and Conditions of Use for the Walled Garden https://www.walled-garden.com

c. Prices quoted exclude United Kingdom Value Added Tax or any other applicable local tax, which shall (if applicable) be added to your invoice at the appropriate rate.

d. Unless expressly specified otherwise, all prices displayed are quoted in pounds sterling and all invoices and remittances shall be in the same currency.

3. Your Status

a. By placing an order for SmartScreen via the Walled Garden, you warrant that: (i) you are an employee of an approved City & Guilds centre and (ii) you have permission from an authorised representative of your employer to place orders for SmartScreen.

b. As all communication from us in relation to your subscription to SmartScreen will be sent to you (as a SmartScreen administrator), it is your responsibility to ensure we have your correct contact details. You can update your contact details, or add a new SmartScreen Administrator, by using the ‘user management’ tab on https://www.walled-garden.com

4. Subscribing to SmartScreen

a. After placing an order for SmartScreen via the Walled Garden, you will receive an email from us confirming that your subscription to SmartScreen has been accepted by us (Subscription Confirmation). The contract between us will be formed when we send you the Subscription Confirmation. The contract will relate to the qualifications you have subscribed to as listed in the Subscription Confirmation.

b. The Subscription Confirmation will provide instructions on how tutors and learners can access SmartScreen. it is your responsibility to pass this information to them. Your tutors and learners will be able to access SmartScreen once the centre administrator (you) has either set the tutor or learner access up or issued the self-registration email.

5. Term

Rolling Subscription

a. Your subscription to SmartScreen will begin on the date you receive the Subscription Confirmation (Start Date) or when you have selected it to start from when you placed the order.

b. Your subscription to SmartScreen will automatically renew 12 months from the Start Date or, if you have contacted us and agreed to a pro rata subscription term, your subscription will automatically renew on the date agreed between us.

Annual Subscription

c. If you have selected an annual subscription, your subscription to SmartScreen will automatically expire 12 months from the Start Date.

6. Renewal

Rolling Subscription

a. We will send you an email reminding you that your rolling subscription will automatically renew 30 days before the end of your current subscription term (Renewal Reminder).

b. The Renewal Reminder will set out the qualifications that will be renewed, the renewal date, and the renewal prices.

c. If you do not take any action, your SmartScreen subscription will automatically renew.

Annual Subscription

d. We will send you an email reminding you that your annual subscription will automatically expire 30 days before the end of your current subscription term (Renewal Reminder).

e. The Renewal Reminder will set out the qualifications that will expire, the expiry date, and the prices should you wish to renew.

f. If you do not take any action, your SmartScreen subscription will automatically expire.

g. If you decide to renew your subscription, you can select whether you want a rolling subscription that will automatically renew after 12 months, or an annual subscription that will automatically expire after 12 months.

7. Cancellation

a. You may cancel your order to subscribe to SmartScreen at any time within seven (7) working days’ from the date on which you received the Subscription Confirmation from us, provided that none of your tutors or learners has accessed SmartScreen. Your right to cancel ends as soon as a tutor or learner accesses SmartScreen.

b. To cancel your order, you must notify using one of the following methods:

Email: directsales@cityandguilds.com

Post: Direct Sales (SmartScreen subscriptions)
City & Guilds (140A)
Giltspur House
5-6 Giltspur Street
London
EC1A 9DE

Fax:    +44 (20) 7294 3414

c. If you cancel your order in accordance with the above, we will provide you with a full refund of the subscription price paid to us. We will process your refund as soon as reasonably possible and, in any case, within 30 days of receipt of your notice of cancellation to us. We will usually refund payment to you using the same method you used to make payment to us.

d. Details of your right to cancel the contract will also be included in the Subscription Confirmation. This does not affect your statutory rights.

8. Accessing our site

a. If you choose, or are provided with, a user identification code, password, or other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with these terms.

b. We may restrict access to some parts of our site, or our entire site, to users who have registered with us.

c. We reserve the right to suspend, amend, or withdraw the service we provide on our site without notice.

d. We will not be liable if, for any reason, our site is unavailable at any time for any period.

9. Intellectual property rights

a. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

b. You may print a copy and download extracts of any page(s) from our site for your personal reference. However, you may not (1) modify the paper or digital copies made or (2) use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

c. You must not use any part of the materials on our site for commercial purposes without obtaining a written licence to do so from us or our licensors.

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

10. Trade marks

a. ‘SmartScreen’ and ‘City & Guilds’ are registered trade marks owned by The City and Guilds of London Institute, and may not be used without obtaining a written licence to do so from us.

11. Linking to our site

a. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

b. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

12. Links from our site

a. Links from our site to third party sites are provided for your information only. We have no control over the contents or availability of those sites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. Reliance on information posted

a. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

14. Changes to our site

a. We aim to update our site regularly, and may change or remove the content at any time. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

15. Our liability

a. The material displayed on our site is provided on an ‘as is’ basis, without any representations, guarantees, or warranties - including warranties about the accuracy, completeness or suitability for any purpose of this site and its contents.

b. To the extent permitted by law, we (and other members of our group) expressly exclude:

i. all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity;

ii. any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our site or in connection with the use, or inability to use, our site, including (without limitation) any liability for loss of: income or revenue; business; profit or contracts; anticipated savings; data; goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

c. This provision does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

d. Subject to 15(b) and (c) above, our liability under these terms shall not exceed 150% of the fees paid or payable in the 12 months preceding the incident giving rise to the liability.

16. Viruses, hacking, and other offences

a. You must not misuse our 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

b. 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 our site will cease immediately.

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

17. Contacting us

a. If you have any concerns about material which appears on our site, please contact us by one of the following means:

Email: directsales@cityandguilds.com

Post:    Direct Sales (SmartScreen subscriptions)
City & Guilds (140A)
Giltspur House
5-6 Giltspur Street
London
EC1A 9DE

Fax:    +44 (20) 7294 3414

18. Variations

a. We may revise these terms from time to time to the extent reasonably necessary to reflect changes which may affect our business, such as changes in market conditions affecting our business, changes in technology, changes in operational processes, changes in payment methods, or changes in relevant laws and regulatory requirements. You will be subject to the Subscription Terms posted on our website at the time of your use of SmartScreen.

19. Jurisdiction and applicable law

a. These terms and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.

City & Guilds privacy policy

DATA PROTECTION POLICY

Privacy Notice SmartScreen

Introduction

The City & Guilds Group is committed to data security and the fair and transparent processing of personal data. This privacy notice sets out how we will treat the personal data which you provide to us in compliance with applicable data protection law, in particular the General Data Protection Regulation ((EU) 2016/679) as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 2019/419)) (UK GDPR).

Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use and share personal data, your rights in relation to your personal data, how to contact us and supervisory authorities in the event that you would like to report a concern about the way in which we process your data.

Who are we?

The City and Guilds of London Institute is a charity incorporated by Royal Charter, with registered charity number 312832 (England and Wales) and SC039576 (Scotland) (City & Guilds). Our registered address is 1 Giltspur Street, London EC1A 9DD.

For the purposes of the UK GDPR, City & Guilds is the ‘controller’ of the personal data you provide to us or one of our associated companies (together the City & Guilds Group).

If you have any queries about this privacy notice, the way in which City & Guilds processes personal data, or about exercising any of your rights, please send an email to dp@cityandguilds.com or write to Data Protection, City & Guilds, Giltspur House, 5-6 Giltspur Street, London EC1A 9DE.

City & Guilds owns and operates SmartScreen. This privacy notice, together with our website terms of use and any other documents referred to in them, sets out the basis on which City & Guilds processes personal data.

What personal data do we collect?

We may collect and process the following personal data:

Information you provide to us:

If you:

- correspond with us by phone, e-mail, or in writing;
- report a problem;
- sign-up to receive our newsletter or notifications;
- create an account with us;
- enter into a contract with us to receive products and/or services,

then we may collect your name, e-mail address, gender, date of birth, enrolment number, city and country.

Information we collect about you

If you visit our website, we may automatically collect the following information:

- technical information, including the internet protocol (IP) address used to connect your computer to the Internet, login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit to our website such as the products and/or services you searched for and view, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page;
- any phone number used to call our customer service number.

Information we receive from other sources

We may also receive information about you if you use any of the other websites we operate or the other services we provide.

If you are a tutor, apprentice, or learner, we may also receive information about you from your centre, training provider, or employer when they register to receive products and/or services form us.

Information about other people

If you provide information to us about any person other than yourself, such as your relatives, next of kin, your advisers or your suppliers, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and our outsourced service providers, to use it.

Sensitive personal data

We do not collect sensitive personal data from you (that is, information about your racial or ethnic origin, political opinions, religious beliefs, trade union activities, physical or mental health, sexual life, or details of criminal offences, or genetic or biometric data).

How do we use your personal data?

When we ask you to supply us with personal data we will make it clear whether the personal data we are asking for must be supplied so that we can provide the products and services to you, or whether the supply of any personal data we ask for is optional.

Contract performance: we may use your personal data to fulfil a contract, or take steps linked to a contract:

- to provide the products and/or services to you;
- to communicate with you in relation to the provision of the contracted products and services;
- to provide you with administrative support such as account creation, security, and responding to issues; and
- provide you with industry information, surveys, information about our awards and events, offers and promotions, related to the products and/or services.

Legitimate interests: where this is necessary for purposes which are in our, or third parties, legitimate interests. These interests are:

- providing you with newsletters, surveys, information about our awards and events, offers, and promotions, related to products and services offered by a member of the City & Guilds Group which may be of interest to you;
- communicating with you in relation to any issues, complaints, or disputes;
- improving the quality of experience when you interact with our products and/or services, including testing the performance and customer experience of our website;
- performing analytics on sales/marketing data, determining the effectiveness of promotional campaigns;
- send you newsletters, surveys, information about our awards and events, offers, and promotions, related to products and services offered by a member of the City & Guilds Group which may be of interest to you;
- developing, improving, and delivering marketing and advertising for products and services offered by a member of the City & Guilds Group.

You have the right to object to the processing of your personal data on the basis of legitimate interests as set out below, under the heading Your rights.

Where required by law: we may also process your personal data if required by law, including responding to requests by government or law enforcement authorities, or for the prevention of crime or fraud.

Who do we share your personal data with?

We may share your personal data with members of the City & Guilds Group. You can read more about our group companies at www.cityandguildsgroup.com

We take all reasonable steps to ensure that our staff protect your personal data and are aware of their information security obligations. We limit access to your personal data to those who have a genuine business need to know it.

We may also share your personal data with trusted third parties including:

- legal and other professional advisers, consultants, and professional experts;
- service providers contracted to us in connection with provision of the products and services such as providers of IT services and customer relationship management services; and
- analytics and search engine providers that assist us in the improvement and optimisation of our website.

We will ensure there is a contract in place with the categories of recipients listed above which include obligations in relation to the confidentiality, security, and lawful processing of any personal data shared with them.

Where a third party recipient is located outside the European Union, we will ensure that the transfer of personal data will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission where the Commission does not believe that the third country has adequate data protection laws.

We will share personal data with law enforcement or other authorities if required by applicable law.

How long will you keep your personal data?

Where there is a contract between us, we will retain your personal data for the duration of the contract, and for a period of 6 years following its termination or expiry, to ensure we are able to comply with any contractual, legal, audit and other regulatory requirements, or any orders from competent courts or authorities.

Where you receive marketing communications, you may change your preferences or unsubscribe from marketing communications at any time by clicking the unsubscribe link in an email from us.

Where do we store your personal data and how is it protected?

We store your personal data on secure servers geographically located in the European Union.

We take reasonable steps to protect your personal data from loss or destruction. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Where you have a username or password (or other identification information) which enables you to access certain services or parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our site; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights

Under the UK GDPR, you have various rights with respect to our use of your personal data:

Right to access

You have the right to request a copy of the personal data that we hold about you by contacting us at the email or postal address given below. Please include with your request information that will enable us to verify your identity. We will respond within1 month of request. Please note that there are exceptions to this right. We may be unable to make all information available to you if, for example, making the information available to you would reveal personal data about another person, if we are legally prevented from disclosing such information. Or if your request is manifestly unfounded or excessive.

Right to rectification

We aim to keep your personal data accurate and complete. We encourage you to contact us using the contact details provided below to let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up to date.

Right to erasure

You have the right to request the deletion of your personal data where, for example, the personal data are no longer necessary for the purposes for which they were collected, where you withdraw your consent to processing, where there is no overriding legitimate interest for us to continue to process your personal data, or your personal data has been unlawfully processed. If you would like to request that your personal data is erased, please contact us using the contact details provided below.

Right to object

In certain circumstances, you have the right to object to the processing of your personal data where, for example, your personal data is being processed on the basis of legitimate interests and there is no overriding legitimate interest for us to continue to process your personal data, or if your data is being processed for direct marketing purposes. If you would like to object to the processing of your personal data, please contact us using the contact details provided below.

Right to restrict processing

In certain circumstances, you have the right to request that we restrict the further processing of your personal data. This right arises where, for example, you have queried the accuracy of the personal data we hold about you and we are verifying the information, you have objected to processing based on legitimate interests and we are considering whether there are any overriding legitimate interests, or the processing is unlawful and you elect that processing is restricted rather than deleted. Please contact us using the contact details provided below.

Right to data portability

In certain circumstances, you have the right to request that some of your personal data is provided to you, or to another data controller, in a commonly used, machine-readable format. This right arises where you have provided your personal data to us, the processing is based on consent or the performance of a contract, and processing is carried out by automated means. If you would like to request that your personal data is ported to you, please contact us using the contact details provided below.

Please note that the UK GDPR sets out exceptions to these rights. If we are unable to comply with your request due to an exception we will explain this to you in our response.

Contact

If you have any queries about this privacy notice, the way in which City & Guilds processes personal data, or about exercising any of your rights, please send an email to dp@cityandguilds.com or write to Data Protection, City & Guilds, Giltspur House, 5-6 Giltspur Street, London EC1A 9DE.

Complaints

If you believe that your data protection rights may have been breached, and we have been unable to resolve your concern, you may lodge a complaint the applicable supervisory authority or to seek a remedy through the courts. Please visit https://ico.org.uk/concerns/ for more information on how to report a concern to the UK Information Commissioner’s Office.

Changes to our Privacy Notice

Any changes we may make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy notice