Terms & Conditions

PLEASE READ THESE LICENCE TERMS CAREFULLY. This Licence forms the agreement for your use of the Software. By activating or continuing to use your GDPRiS Account, you confirm you have read, understood and accept the terms of this Licence. If there is anything that you do not understand, please contact us using the contact details provided in clause 13 of this Licence.

Parties

This Licence agreement (the Licence) is a legal agreement between you (acting on behalf of or as agent for your school or organisation) (Licencee, you or your) and GDPR in Schools Ltd, a limited company incorporated in England and Wales under company registration number 10699302, whose registered office address is 11 Kingsley Lodge 13 New Cavendish Street, London, United Kingdom, W1G 9UG (the Licensor, us, we or our).

Background

The Licensor is the entire legal and beneficial owner of the Software and is willing to licence you to use the Software.

Agreed Terms

1. Interpretation

1.1. The definitions and rules of interpretation in this clause apply in this Licence.

  • Fee: The Licence fee specified in a Quote (excluding VAT) and payable by you to the Licensor or an approved organisation under clause 4 of this Licence;

  • GDPR: The General Data Protection Regulation ((EU) 2016/679 or UK GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK;

  • GDPRiS Account: a valid and activated account accessible from the Website granting you access to use the Software;

  • Intellectual Property Rights: patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world;

  • Licence: this licence as varied from time to time in accordance with clause 15;

  • Maintenance Release: release of the Software that corrects faults, adds functionality or otherwise amends or upgrades the Software;

  • Password: the password used for identity purposes when using your GDPRiS Account;

  • Personal Data: means any information relating to an identified or identifiable natural person (known as “the Data Subject”);

  • Quote: the email that you have received from us specifying (without limitation) the Fee and the Term;

  • School Suppliers: third parties (including data processors) that provide services to you in the form of either software or other systems;

  • Software: the software known as “GDPR in Schools” and “GDPRiS” which can be accessed from your GDPRiS Account;

  • Term: the term of this Licence as specified in the Quote;

  • Website: alexanderb221.sg-host.com, www.gdpr.school, app.gdpr.school or as communicated by us from time to time.

1.2. Clause headings shall not affect the interpretation of this Licence

1.3. Unless the context otherwise requires:

(a) Words in the singular shall include the plural and, in the plural, shall include the singular;

(b) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;

(c) A reference to one gender shall include a reference to the other genders; and

(d) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.4. References to clauses are to the clauses of this Licence

2. Grant and Scope of the Licence

2.1. In consideration of the Fee payable by you to the Licensor or an approved organisation, the Licensor grants to you a non-exclusive Licence to use the Software for the Term.

2.2. In relation to scope of use:

(a) Use of the Software shall be restricted to use in object code form and for the purpose of processing your data for your normal business purposes.

(b) You may not use the Software other than as specified without prior written consent of the Licensor.

(c) You have no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Software.

3. Maintenance Releases

The Licensor warrants that no Maintenance Release will adversely affect the then existing facilities or functions of the Software

4. Fees

4.1. The Fee is payable by you to the Licensor directly or through an approved organisation once you have accepted the terms of a Quote.

4.2. The Fee is payable by you annually in advance on the dates specified in the Invoice.

4.3. By sending a valid purchase order number to “accounts@gdpr.school” together with:

(a) A reference number; and

(b) Full details of your school including the postcode

you agree to be bound by the terms of this Licence and to pay the Fees due hereunder.

4.4. Once the Licensor has received from you either:

(a) Payment of the Fee; or

(b) A valid purchase order number

your GDPRiS Account will be activated.

4.5. The Licensor retains the right to revoke access to your GDPRiS Account if the Licensor does not subsequently receive payment of the Fee or a valid purchase order number.

5. Using Your GDPRiS Account

5.1 During the activation of your GDPRiS Account you will be asked to provide a Password. You must choose a secure Password.

5.2 The Password should not be revealed to anybody else and it is your responsibility to keep your login details safe.

5.3 You are responsible for the safekeeping of your GDPRiS Account including Password security.

6. Support Services

6.1. The Licensor agrees to provide support services to you to enable you to use the Software.

6.2. The Licensor is not required to provide training on GDPR.

7. Data Mapping

7.1. The Licensor and School Suppliers will use the Software to carry out a data mapping exercise which includes identifying:

(a) the legal basis of the Personal Data processed; (b) how they meet the rights of the Data Subject; (c) how your Personal Data is stored; (d) how your Personal Data is distributed; (e) how the Personal Data is secured; (f) for what purposes the Personal Data is processed; (g) the type of Personal Data that is collected; (h) how the Personal Data is accessed; (i) The Licensor/ School Suppliers’ retention policy.

7.2. The data maps will be available to you via your GDPRiS Account.

8. Confidentiality and Publicity

Each party shall keep confidential all information of a confidential nature.

9. Data Protection

Both parties agree to a data processing agreement under UK GDPR/DPA2018.

10. Our Liability and Responsibilities

10.1. The Licensor provides the Software to you subject to your statutory rights but otherwise without any warranty.

10.2. The Licensor does not warrant that the use of the Software will be uninterrupted or error-free.

11. Intellectual Property Rights

You acknowledge that all Intellectual Property Rights in the Software belong to the Licensor.

12. Duration and Termination

12.1. The length of this contract shall be for 3 years. You have the right to cancel at the end of this period by giving 3 months’ notice.

12.2. Either party may terminate this Licence with immediate effect by giving written notice to the other party under certain conditions.

12.3. Upon termination, all rights granted to you shall cease.

13. Notices and Contacting Us

13.1. If you wish to contact us in writing, you can send this to us by email or by pre-paid post.

14. Third-Party Rights

This Licence does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

15. Right to update Licence

We reserve the right to update the terms and conditions contained in this Licence at any time.

16. Severance

If any court finds that any provision of this Licence is invalid, that provision will be deemed to be deleted.

17. No Partnership or Agency

17.1. Nothing in this Licence establishes any partnership or joint venture between the parties.

18. Governing Law and Jurisdiction

18.1. This Licence shall be governed by the law of England and Wales.