Terms and Conditions for use of E-Learning Portal
In these Terms we, our or us refers to Sennon Limited the creators and operators of the E-Learning Portal (Portal). Full details of our identity and address are set out at term 14.
1. Acceptance of Terms/User Restrictions
- By accessing the Portal you agree to be bound by these Terms and accept our Privacy Policy. If you do not accept these terms you should not use the services offered by the Portal.
- You agree that you will not use the Portal for any illegal purpose or in any way that may impair the performance, corrupt the content or otherwise reduce the functionality of the Portal. You also agree not to attempt to compromise the security of the Portal or attempt to gain access to secured areas or sensitive information.
- These Terms apply to all users of the Portal who will contribute Content (training videos, photographs, images, documents and text). The terms also apply to recipients of Content.
2. Modification
- We reserve the right to change these Terms without notice. The new Terms will be available on the Portal and your continued use of the Portal will be considered acceptance of them. You are advised to check these Terms regularly.
- We may at any time modify or remove any part of or any Content from the Portal without warning or incurring liability as a result of such action.
3. Access to the Portal
- To access the Portal you need to provide a unique user name, password and email address for verification. You may not use as a user name the name of any other person or legal entity or trade marked name. You may not use any name which is illegal, offensive or obscene.
- You are responsible for maintaining the confidentiality of your account, user name and password and for preventing unauthorised access to your account. You accept responsibility for all activities that occur under your account or user name and password and will take all necessary steps to keep your user name and password confidential and secure. You must inform us immediately if you believe your user name and password has become known to another or is being used in an unauthorised manner.
- You must ensure that the details you provide to us are correct and complete and you must tell us immediately of any changes.
- We reserve the right to remove any material or Content from the Portal, refuse access to the Portal and in appropriate circumstances to terminate your account. You may be liable for our losses and the losses of third parties due to unauthorised use of your account.
4. Content
- The Portal permits you to upload Content to its host server. This permission is strictly subject to your compliance with these Terms.
- You alone are responsible for your own Content and for the consequences of uploading Content on the Portal. By uploading Content you confirm:
- You have created the Content or have permission from the owner to use the Content.
- You have written consent and release from every individual person featured in any Content which shows or identifies such individual.
- You retain ownership rights in Content which you have created. By submitting Content to the Portal you grant us a worldwide royalty free licence to use your Content in connection with the Portal. We are also entitled to use Content in any media for promoting and redistributing any part of the Portal. You also grant to all other authorised users of the Portal a non-exclusive licence to have access to your Content through the Portal and to use your Content as permitted through the functionality of the Portal
- "Use" for the purpose of these Terms in relation to Content means and includes use, reproduction, distribution, display and preparation of derivative works.
- In relation to your Content you confirm that you will not:-
- Upload to the Portal any material that is the copyright of a third party or subject to the ownership or any other form of intellectual property rights of a third party.
- Submit Content which is defamatory, threatening or likely to harass, racially or ethnically offensive, pornographic, obscene or which might encourage violent or criminal conduct or which is otherwise inappropriate.
- We are not responsible for the taste or accuracy of any Content. You agree that you have no claims or remedies against us in relation to any inaccuracy or offence caused by any Content uploaded to the Portal.
5. Your Use of the Portal
- When you send Content to the Portal it is uploaded to our servers. Other Users of the Portal may view and have access to any Content you have uploaded in accordance with the terms of clause 4.3.
- You may have access to and use Content uploaded to the Portal by other Users in accordance with the terms of clause 4.3.
6. Liability
- We will not be liable to you for any direct, indirect, special or consequential damages including loss of business, revenue, profits, data or anticipated savings in relation to your use of the Portal.
- Specifically we shall not be liable to you for any Content or for any defamatory, offensive or illegal conduct of any third party or Content posted by any third party.
- We do not limit in any way our liability by law to you for death or personal injury caused by our negligence or breach of duty.
- We do not limit or exclude any statutory rights you may have as a consumer.
- We will not be liable to you for any interruption or cessation of transmission to or from the Portal; any viruses, bugs or similar which may be transmitted to or through the Portal by any third party; any errors or omissions or for any loss or damage incurred as a result of the use of any Content made available on the Portal
- We are not liable for any loss or damage caused by you being unable to view the Portal or any of its contents owing to restrictions imposed by your internet service provider including firewalls, browsers, networks and limitations of your equipment.
7. Copyright
- All our intellectual property rights and intellectual property rights relating to the Portal are and remain ours. This includes trademarks, trade names, patents, registered design and copyright including any intellectual property rights derived from the design or functioning of the Portal. We do not claim ownership of intellectual property rights in Content which we use under a licence granted to us under the terms of clause 4.3.
- You agree to respect our intellectual property rights. Except as permitted by these Terms, you will not copy, download, transmit, reproduce, print or exploit for commercial purposes any Content uploaded to or transmitted by the Portal.
8. Copyright Complaints
- If you see any Content on the Portal which you consider is an infringement of any copyright to which you claim to be entitled please contact us using the Copyright Infringement Notification procedure set out at clause 15 of these Terms.
- We will take reasonable steps to remove copyright material from the Portal where complete and accurate information is supplied in respect of the suggested copyright infringement. You are not entitled to submit a copyright infringement notification where you do not own or you are not authorised to act on behalf of the owner of the copyright material.
9. Indemnity
- You agree to indemnify us and our employees and agents from and against all claims for damages or losses and legal costs arising from:
- Your contravention of any of these Terms.
- Your breach of any third party rights in relation to Content you have posted or otherwise; this includes rights in relation to copyright, other intellectual property or privacy rights.
- Any claim we may make that your Content has caused damage to a third party.
10. Termination of Service
- If you wish to terminate the Portal account and delete personal details from our server, you must email us ([email protected]) to request termination. However, deletion of your account does not remove Content you have uploaded which we reserve the right to retain upon the Portal.
- Once you have requested termination, your account will be rendered inactive within three (3) working days. We will retain the Portal account details on our servers for six (6) months after account termination. In this period you can reactivate your account by emailing a request to Support. After six (6) months all your account details will be permanently removed from our servers.
11. Privacy
You acknowledge and agree to be bound by the terms of our Privacy Policy.
12. Events beyond our reasonable control/Invalidity
- We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
- If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13. Governing Law
The contract in relation to your use of the Portal shall be governed by and interpreted in accordance with English law and English Courts shall have jurisdiction to resolve any disputes.
14. Who Are We?
The Portal is created and operated by Sennon Limited, a company registered in England and Wales under number 5322524. Its registered office is at Stone Croft, Piccadilly Lane, Upper Mayfield, Ashbourne, DE6 2HP and its email is: [email protected].
15. Copyright Infringement Notification
If you see Content transmitted by the Portal which you consider is an infringement of any copyright to which you claim to be entitled in accordance with the Copyrights, Patents and Designs Act 1988 (as amended) please contact us at the address stated below to notify us of the alleged infringement and in doing so complying with the following requirements. Please supply:-
- A physical or electronic signature of a person authorised to act on behalf of the copyright owner.
- Identification of the copyright work that you claim has been infringed.
- Definitive identification of the copyright material that you claim has been infringed and which you wish to have removed from the Portal. Providing a complete URL in the body of an email is the best way to help us locate such material quickly.
- Full information regarding the person making the complaint including:
- Name (and company number and place of incorporation if appropriate).
- Address.
- Telephone and email contact.
- A statement that the person making the complaint owns the copyright material or is duly authorised to make this complaint on behalf of an identified copyright owner.
Your written notice should be sent to [email protected]
Website Privacy Policy
We ask that you read this website privacy policy carefully as it contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.
1. Who we are
We are Sennon Limited, a limited company registered in England and Wales under registration number 05322524 and our registered office is situated at Stone Croft Piccadilly Lane, Upper Mayfield, Ashbourne, Derbyshire, DE6 2HP.
In this Privacy Policy references to we, us and our, are to Sennon Limited. References to the Website are to https://www.elmsclient.co.uk and https://app.elmsclient.co.uk. We collect, use and are responsible for certain personal data about you. When we do so we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal data.
2. Our collection and use of your personal information
We collect personal information about you when you access our website, enter details on our website, contact us and post material to our website. We collect this personal information from you either directly, such as when you enter your details or contact us or indirectly, such as your browsing activity while on our website (see ‘Cookies’ below).
The personal information we collect about you depends on the particular activities carried out through our website. Such information includes:
- your name and contact details
- date of birth
- bank account and payment details
- your account details, such as username, login details
- any other details you give to us
We use this personal information to:
- create and manage your account with us
- verify your identity
- provide services to you
- customise our website and its content to your particular preferences
- notify you of any changes to our website or to our services that may affect you
- improve our services
This website is not intended for use by children under the age of 13 and we do not knowingly collect or use personal information relating to children.
3. Our legal basis for processing your personal information
When we use your personal information we are required to have a legal basis for doing so. There are various different legal bases upon which we may rely, depending on what personal information we process and why.
The legal bases we may rely on include:
- consent: where you have given us clear consent for us to process your personal information for a specific purpose
- contract: where our use of your personal information is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract
- legal obligation: where our use of your personal information is necessary for us to comply with the law (not including contractual obligations)
- vital interests: where our use of your personal information is necessary to protect you or someone else’s life
- public task: where our use of your personal information is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law
- legitimate interests: where our use of your personal information is necessary for our legitimate interests or the legitimate interests of a third party (unless there is a good reason to protect your personal information which overrides our legitimate interests)
In order to provide services to you we rely on contract as the lawful basis for collecting and using your personal information you provide to us.
In order to ensure our business policies are adhered to (e.g. policies covering security and internet use) we rely on legitimate interests as the lawful basis for collecting and using your personal information.
4. Who we share your personal information with
We routinely share personal data such as your name and details with Stripe, our third party suppliers. IP addresses and some other information will be stored by Microsoft (Application Insights), Google (Analytics), YouTube (video views) and Vimeo (video views).
We will share personal information with law enforcement or other authorities if required by applicable law.
We will not share your personal information with any other third party.
5. Transfer of your information out of the EEA
We may transfer your personal information to the recipients named at clause 4 above. They may store your personal information outside the UK and European Economic Area (EEA).
Each third party recipient has its own privacy policy explaining how they deal with personal data.
Some countries do not have the same data protection laws as the United Kingdom and EEA. If you would like further information please contact us (see ‘How to contact us’ below). We will not otherwise transfer your personal data outside of the EEA or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
6. Cookies and similar technologies
A cookie is a small text file which is placed onto your device (eg computer, smartphone or other electronic device) when you use our website. We use cookies and other similar tracking technologies such as Google Analytics and Microsoft Application Insights on our website. These help us recognise you and your device and store some information about your preferences or past actions.
7. Your rights
Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:
- fair processing of information and transparency over how we use your personal information
- access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
- require us to correct any mistakes in your information which we hold
- require the erasure of personal information concerning you in certain situations
- receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
- object at any time to processing of personal information concerning you for direct marketing
- object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
- object in certain other situations to our continued processing of your personal information
- otherwise restrict our processing of your personal information in certain circumstances
- claim compensation for damages caused by our breach of any data protection laws
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please email or write to us, let us have enough information to identify you, let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and let us know the information to which your request relates including any account or reference numbers, if you have them.
8. Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
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.
9. How to complain
We hope that we can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.
10. How to contact us
Please contact us if you have any questions about this privacy notice or the information we hold about you.
If you wish to contact us, please send an email to [email protected] or write to Stone Croft Piccadilly Lane, Upper Mayfield, Ashbourne, Derbyshire, DE6 2HP.
This website privacy policy was published September 2019 and last updated in April 2020.