WCVA Terms & Conditions
What's in these terms?
These terms tell you the rules for using our websites (sites):
All rights not expressly granted in these terms are reserved by us.
Who we are and how to contact us
The sites are operated by Wales Council for Voluntary Action ("we"). We are registered in England and Wales under company number 00425299 and registered as a charity with charity number 218093. We have our registered office at Baltic House, Mount Stuart Square, Cardiff CF10 5FH.
To contact us, please firstname.lastname@example.org, write to us at Webmaster, WCVA, Baltic House, Mount Stuart Square, Cardiff CF10 5FH or telephone our customer service line on 0800 2888 329.
By using our sites you accept these terms
If you do not agree to these terms, you must not use our sites.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
We may make changes to these terms
We may amend these terms from time to time. Every time you wish to use our sites, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our sites
We may update and change our sites from time to time.
We may suspend or withdraw our sites
Our sites are made available free of charge.
We do not guarantee that our sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons.
WCVA membership entitles members to access restricted elements of the sites that are otherwise unavailable to non-members. We try to ensure that member elements of the sites are available 24 hours a day but we do not guarantee that the member elements of the sites will always be available or be uninterrupted.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Our trademarks are registered
Participation Cymru and Cyfranogaeth Cymru are registered trademarks of WCVA. You are not permitted to use them without our approval, unless they are part of material you are using as permitted underHow you may use material on our sites.
How you may use material on our sites
Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in our sites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. No WCVA website logo, graphic or image may be copied or retransmitted without our prior written permission and the permissions given below do not extend to the design or layout of our sites which may not be copied in whole or in part.
Subject to the exclusions set out above, you may print in hard copy, download to a local hard disk or otherwise use any material on our sites provided it is for your personal use or only accessible by others within your organisation.
The supply of any copy to a third party is permitted provided it is for their own personal use; it is not supplied as part of another work or publication, and is not supplied directly in return for commercial gain. The supply of copy to a third party is conditional upon them being made aware of the fact that these terms apply equally to them.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Translation is permitted in the basis that you take full responsibility for the accuracy of the translation.
Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged. All copyright and proprietary notices must be kept intact, and our address and contact details reproduced.
The permission to reproduce our copyright material does not extend to any material on the sites which is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained directly from the relevant copyright holder.
We would be pleased to consider requests for permission to use material from our sites outside the terms of the permission set out above. Such request must be made in writing in advance and be addressed firstname.lastname@example.org.
Do not rely on information on the sites
The content on our sites is provided for information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites. We do not accept responsibility for any errors, omissions, misleading statements or the consequences thereof.
Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied that the content on our sites is accurate, complete or up to date.
Reference to any organisation, company or individual on our sites or any other sites to which they may be linked does not imply our approval or warranty as to their standing or capability.
We are not responsible for websites we link to
Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
Our sites may include information and materials uploaded by other users of the sites. This information and these materials have not been verified or approved by us and we do not accept liability for any errors, omissions or inaccuracies in submitted material. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us using the contact details set out on page 1 of these terms.
Our responsibility for loss or damage suffered by you
To the fullest extent permitted by law, we exclude all liability for claims arising out of or connected to use of our sites including (but not limited to) claims arising out of delay, interruption or inability to access the sites and use of or reliance on any content displayed on our sites. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Uploading content to our sites
Whenever you make use of a feature that allows you to upload content to our sites, or to make contact with other users of our sites, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our sites a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We reserve the right to omit, suspend or edit any submitted material and to remove any posting you make on our sites if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our sites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software.
You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the servers on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites 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 our sites will cease immediately.
Rules about linking to our sites
You may link to our sites; provided you give us written notification in advance of creating the link and that you link to our sites in a way that is fair and legal and does not damage our reputation or take advantage of it.
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.
You must not establish a link to our sites in any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
We are a Wales-wide organisation and promote and encourage the use of the Welsh language. Our sites enable profile users to upload information in both English and Welsh and we strongly encourage this. If you do not have a translation service but would like to upload information in Welsh please contact us for information by emailing email@example.com.
Which country's laws apply to any disputes?
Third Sector Support Wales (TSSW) is a collaboration between Wales Council for Voluntary Action (WCVA) and the County Voluntary Councils (CVCs) in Wales (referred to in this notice collectively as “we” or “us”). Our shared goal is to enable the third sector and volunteers across Wales to contribute fully to individual and community well-being, now and for the future.
In order to meet this goal we have collaborated on the development of two databases (the Databases). One is a Client Relationship Management (CRM) system which we can use to store details of the organisations that we work with and record any interactions between TSSW members and these organisations. We can also record contact details for people who are interested in our work, whether as individuals or on behalf of their organisations and use the CRM system to manage our communications with them.
The other database is a Volunteer Management System that enables TSSW to support the bringing together of those wanting to volunteer and those third sector organisations that need volunteers in a way that improves the volunteer experience and volunteer management process. The databases are separate, but linked together
We have developed this privacy notice in order to be as transparent as possible about the Databases and the personal information contained within them. This privacy notice has been written for the individuals whose personal information is contained in the Databases (referred to in this notice as "you"). We treat data privacy very seriously and comply with all aspects of the UK's data protection legislative framework which includes the European General Data Protection Regulation (GDPR) and the UK's own legislation.
What information does this privacy notice contain?
We ask that you read this privacy notice carefully as it contains important information about:
what personal information is stored in the Databases
how and for what purposes the personal information held in the Databases is used (this is known as processing);
the lawful basis for such processing;
how and from where we collect your personal information;
who has access to the information contained in the Databases;
third parties with whom we may share your personal information;
how long we keep your personal information;
how you can manage your communication preferences; and
where to find out more information about your privacy rights.
Although the Databases are managed by WCVA, the information in the Databases is held on behalf of all the members of TSSW, i.e. WCVA and the CVCs in Wales together. We are joint data controllers of the personal information contained in the databases. We have entered into a Memorandum of Understanding (MOU) that governs our relationship in connection with the Databases.
Each of the organisations that has signed up to the MOU has appointed a contact who is responsible for the Databases. For WCVA, this contact is the same person as WCVA's Data Protection Officer (DPO). Full details of the organisations and how to contact them can be found here.
Categories of Personal Information
The following categories of personal information are held in the Databases:
first and last name
your preferred salutation
any honours that you have
contact email addresses(es)
contact telephone number(s)
emergency contact number(s) - volunteers only
date of birth - volunteers only
details relevant to your search for volunteering opportunities
details of your interests in the third sector and communication preferences
your language preference (Welsh or English)
We also keep details of your gender, racial or ethnic origin and physical or mental health or condition, if you have provided these to us voluntarily.
What is the Personal Information Used For?
The main purpose of the Databases is to enable us to manage our communications with people and organisations that wish to hear from us. Using the personal information in the databases we can send communications that we think will be of interest to you by email, phone, SMS, post, social media and other digital channels. The use of the shared central Databases avoids unnecessary duplication. The Databases also have a facility which enable you to manage the communications you receive more effectively.
The Databases are also a tool to enable us to match volunteering opportunities with volunteers.
We can also use the Databases to provide insight and analysis to help us to continually improve the effectiveness of our communications, develop the products and services we offer our member organisations, monitor the reach of our communications and the diversity of the recipients and provide reports to funders and regulators.
Please note, except in the case of volunteers that information about your gender, racial or ethnic origin and physical or mental health or condition will only ever be used for statistical and monitoring purposes on an anonymised basis.
If you are interested in volunteering, the Databases allow you to voluntarily provide information about specific requirements you may have arising from a physical or mental health condition.
Sources of Information
The personal information contained in the CRM system was initially imported into it from databases held separately by WCVA and the CVCs. The Volunteer Management System is an entirely new database.
The information contained in the Databases may be added to with information that has come from a variety of sources including:
information obtained directly from you
information obtained from organisations that are members of or have an association with us - it may be that you work for one of these organisations or volunteer for them and the organisation has passed your details to us
information collected at events or training courses that we run
information that is publically available including from on-line sources and social media
information that is generated by us and recorded in the Databases, such as your interests and communication preferences
The Legal Basis
We will only store your personal information in the databases where we can do so lawfully. The data protection legislative framework provides for a limited number of reasons for processing personal information.
We are relying on the following lawful bases to process general information:
where we have your consent
where our processing of your personal data is in the public interest
where our processing of your personal data is necessary for our legitimate interests or those of a third party and are not overridden by your privacy rights
In this case the legitimate interests are those of WCVA and the CVCs who have signed up to the MOU who wish to communicate with interested people and organisations about their work and the services they offer. We also have the legitimate interest of wishing to share resources and work collaboratively by having effective central databases. We believe that this is also in the public interest.
Your privacy rights are protected because the Databases store only basic information about you, there is a strict protocol of who can access your personal information and you have the ability to control your communication preferences. You can also object to us storing and using your personal information at any time as outlined below.
The data protection legislative framework contains specific provisions that enable us to process information about your gender, racial or ethnic origin and physical or mental health or condition in order to monitor diversity on an anonymised basis. For volunteers information about your physical or mental health or condition can be processed with your explicit consent.
Who can access your Personal Information
Although the Databases are a collaboration, not all of the members of TSSW can access and use your personal information.
We have established a strict protocol, contained in the MOU, to ensure your information is only accessed and used by WCVA staff or a particular CVC where:
you have an existing relationship with the relevant TSSW member that predates the development of the Databases
you have consented to receiving communications from the relevant TSSW member
the TSSW member has a specific legitimate interest in using your information because for example, they are running an event in the area in which you live or work
As WCVA are responsible for managing the Databases, a small number of WCVA can access all of the information contained in the Databases.
Sharing your personal information with Third Parties
This section of the privacy notice provides details of third parties with whom we may share the personal information contained in the Databases.
The Databases are hosted by a third partties called Sales Force and Team Kinetic. Although Sales Force and Team Kinetic have access to the information in the Databases in order to ensure that they are working effectively at all times, it is not permitted to use the information for any reason.
We may also run anonymised aggregated reports off the databases and share these with the Welsh Government, local authorities, health boards and the Charity Commission. These reports may also be published. We will not share your personal information with these bodies however or give them access to the "raw" data on which the reports are based. The TSSW members may appoint an external researcher to help us with this work, who would have access to the information contained in the Databases.
TSSW may also appoint an internal or external evaluation to assess the effectiveness of the Databases. The evaluator would have access to the personal information contained in the Databases, but would not be able to use any of the information.
We do not transfer personal information contained in the Databases outside the European Economic Area (EEA). None of the service providers we use to help us provide the Databases are based outside of the EEA.
Your Communication Preferences
The Databases offer us functionality that enables you to determine your communication preferences, both with regard to the format of the communication, the topic and which organisations you would like to hear from. Please visit the link on the communication received to update or amend your communications preferences at any time. Please note that it may take up to a week for any changes to be processed.
How long we will keep your personal information
The data protection legislative framework places an obligation on us to review the length of time for which we keep personal information. We are only able to keep your personal information for as long as it is necessary for us to do so. We only intend to keep your information in an identifiable form in the Databases while you remain happy to keep receiving communications from us, or while you wish to be informed of volunteering opportunities. We have no current plans to delete your information.
You have a number of rights in relation to the personal information held in the Databases. If you wish to exercise any of the rights, please contact WCVA in one of the ways mentioned below.
You have a right of access the personal information we hold about you
You have the right to correct any information we have about you that you think is wrong or incomplete
You have the right to object to our use of your personal information for direct marketing purposes. If you no longer want to receive communications from us, please contact us. We will stop sending you communications, but will continue to keep a record of you and your request not to hear form us.
You have the right to ask us to delete your information. You should be aware that if we do this, we will have no record of the fact that you have asked not to receive communications from us. It is therefore possible that you may start receiving communications from us at some point in the future, if we obtain your details from a different source.
Where our processing of your personal information is based on your consent, you have the right to withdraw it at any time. Please contact us if you want to do so.
How to Complain
Please let us know if you are unhappy with how we have used your personal information.
You also have the right to complain to the Information Commissioner's Office. Find out on their website how to report a concern here.
Changes to this Privacy Notice
This privacy notice was last updated on 2 May 2018. We keep this privacy notice under regular review and may change it from time to time by updating this page in order to reflect changes in the law and/or our privacy practices. We would encourage you to check this privacy notice for any changes on a regular basis.
TeamKinetic Terms And Conditions
Please view the following terms and conditions for using this site, making contact with other users of this site ("Users") and hosting, volunteering at and attending Volunteering Wales opportunities ("Opportunities") powered by TeamKinetic.
Last updated: December 2017
We, TeamKinetic Limited, registered in England and Wales under company number 8181594 with our registered office at Office 14, Parkway 2, Parkway Business Centre, Princess Rd, Manchester M14 7HR ("TeamKinetic"), provide you with access to our website at TeamKinetic.com and any other domains, microsites or web pages maintained by or on behalf of us (collectively the "Site") subject to the following terms and conditions ("Terms and Conditions"). These Terms and Conditions also apply in relation to any opportunities referred to on the Site that you host, volunteer at and/or attend ("Opportunities").
References in these Terms and Conditions to "we", "us" or "our" mean TeamKinetic. References to "you" or "your" are to you, the individual accessing the Site. If you access the Site on behalf of an organisation such as a potential host of a TeamKinetic event, references to "you" or "your" shall be deemed to include references to that organisation and you represent to us that you, the individual accessing the Site, are authorised to do so, and to make the commitments required by these Terms and Conditions, on behalf of that organisation.
1. Agreement to these Terms and Conditions and related documents
2. Updates to these Terms and Conditions
We reserve the right to update or otherwise change these Terms and Conditions at any time without notice. If we do so, we shall post the changes on the appropriate page on the Site and indicate at the top of this page when the Terms and Conditions were last updated. Please review these Terms and Conditions regularly to ensure that you are aware of such changes. Your continued use of the Site after such changes are posted indicates your agreement to be legally bound by the updated Terms and Conditions.
3. Use of the Site
a. We grant you permission to use the Site as set out in these Terms and Conditions on condition that you shall access and use the Site solely for lawful and non-profit-making purposes and shall otherwise comply with these Terms and Conditions. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
b. You may not use the Site for any of the following purposes: (i) infringing the rights of, restricting or inhibiting anyone else's use or enjoyment of the Site; (ii) disseminating any unlawful, fraudulent or otherwise objectionable material; (iii) gaining unauthorised access to our computer systems or otherwise breaching applicable laws or regulations; or (iv) transmitting, or procuring the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
c. You may not use the Site if you are under 12. If you are under 16 – please get your parent's or guardian's permission before using any interactive features of the Site (e.g. uploading any content to the site) or providing your name or email address. When you use any interactive features of the Site, do not reveal any personal information about yourself or anyone else (e.g. your telephone number, home address or email address).
4. Contact made through the Site and TeamKinetic Opportunities
Amongst other things, the Site facilitates contact between Users with a view to the hosting of Opportunities. TeamKinetic does not vet Users or take any responsibility for Users. You should make appropriate enquires before making arrangements with other Users or hosting, attending or volunteering at Opportunities.
In relation to Opportunities:
a. Whilst we permit Opportunities to be listed on the Site and may, in some cases, provide marketing, advertising or promotional collateral to be used at the Opportunities ("Collateral"), you acknowledge and accept that we otherwise have no responsibility for any aspect of the Opportunities. In particular, we provide no warranty or assurances in relation to the quality, safety, content, organisation or operation of any Opportunity and disclaim any liability in respect of the Opportunities as further set out in paragraph 11 below.
b. If you are hosting an Opportunity, you agree to do so: (i) in accordance with all applicable laws and regulations (including in relation to health and safety and data protection); (ii) with all due skill, care and professionalism; (iii) using the Collateral in the manner and to the extent prescribed by TeamKinetic; and (iv) in accordance with any agreements made with the owner/operator of the venue where the Opportunity is to be staged (the "Venue Owner"). You further agree not to transfer any personal data that you receive in relation to Users (or other Opportunity attendees) outside of the European Economic Area unless you have notified TeamKinetic and obtained consent from the relevant individual(s).
c. If you are hosting an Opportunity, you agree to consult with TeamKinetic before granting any third party sponsorship, endorsement or promotional rights in relation to that Opportunity, in order to ensure that the rights which TeamKinetic has provided to its official partners are protected. You further agree to liaise with the relevant Venue Owner to ensure that they do everything within their power to prevent ambush marketing from taking place at the Opportunity.
d. If you are attending an Opportunity (including as a volunteer), you agree to: (i) comply at all times with the instructions of the host/organiser of the Opportunity and the Venue Owner; and (ii) assess for yourself the suitability of the Opportunity for your particular purpose.
5. Copyright and intellectual property
a. Subject to paragraph 7 below, all information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, software, interactive features or other content, services or materials (and any part of them) accessible on the Site ("Materials") are protected by copyright, trademarks and other intellectual property rights and are the proprietary materials of TeamKinetic and/or our licensors. As between you and TeamKinetic, all rights in the compilation, arrangement and any adaptations of Materials on the Site are owned by TeamKinetic. We reserve all rights that are not specifically granted under these Terms and Conditions
b. Except to the extent otherwise specifically indicated on the Site, you may not copy, reproduce, republish, download, post, modify, adapt, distribute, transmit, communicate to the public or otherwise use any of the Materials in any way without the prior written consent of TeamKinetic and/or our licensors or (as applicable) the owner of the relevant intellectual property rights.
c. The Site is provided for your personal, non-profit-making use only. Any Materials that are specifically permitted for your use are made available solely for your personal, non-profit making use and solely for the purposes stated on the relevant part of the Site. You also agree to comply with any restrictions on downloading or other use of Materials stated on the relevant part of the Site and agree not to modify, adapt or create a derivative work from any Materials except to the extent specifically permitted and except solely for your personal, non-profit-making use. Each reference in these Terms and Conditions to "personal, non-profit-making use" specifically excludes (without limitation): (i) publishing, publicly displaying or otherwise communicating to the public the relevant Material(s) (e.g. via the internet) for any purposes whatsoever; and (ii) use of the relevant Material(s) in promotional or marketing materials for any business or other enterprise (whether in hard-copy form, electronically or otherwise). For the avoidance of doubt, you shall use any Collateral that may be supplied to you by TeamKinetic or the license holder strictly for the purposes, and in accordance with the instructions, notified to you by TeamKinetic or the license holder.
d. The Site is maintained, controlled and operated on our behalf by TeamKinetic from our facilities in the United Kingdom, and we make no representation that the Materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with all applicable local laws and regulations.
6. Linking policy
You may not use any link to the Site as a method of creating an unauthorised association between TeamKinetic and any organisation, business, goods or services and you agree that no such link shall portray us or our partners (or our or their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner.
We restrict links from the Site to links to the websites or web pages of certain associated and supporting organisations. We are not responsible for the contents or reliability of any website or web page to which the Site (or a linked website) is linked, and do not necessarily endorse the views expressed within them. Linking to or from the Site does not constitute or imply any endorsement, authorisation or association of any kind. We cannot guarantee that links will always work and we have no control over the availability or content of linked pages.
7. User-generated Content
Please read this section carefully before uploading any content to the
Site. It gives us, our Successors (as defined below) and Users of the Site
permission to use such content. Subject to such permission, you retain
ownership of such content.
a. We may now or in the future permit users of the Site to upload, post, submit, email, distribute, publish, transmit and/or otherwise communicate to or via the Site ("upload", related words to be construed accordingly) Materials provided by such Users ("User-generated Content" or "UGC" for short). For example, such UGC may take the form of:
- photographs or other images
- content from social media platforms
- club registration information
- provision of Opportunity information; or
- participant profiles
You acknowledge that, whether or not such UGC is uploaded to any facility on the Site, we cannot guarantee its confidentiality. We shall not be liable for any lost data resulting from your use of the Site. We urge you to retain your own back-up versions of any UGC that you upload.
b. By uploading any UGC, and in consideration of our making available to you the opportunity to upload UGC (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant the following rights:
(i) you grant to us and to each of our successors in title, assignees and licensees in respect of such UGC ("Successors") a non-exclusive, worldwide, sub-licensable and royalty-free licence of the entire right, title and interest in and to such UGC in order that we and each Successor may use, copy, reproduce, modify, adapt, edit, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast and otherwise communicate to the public (together,"Utilise") such UGC (whether in whole or in part or copies of the same) in any format or medium now known or later developed (including, without limitation, on or via any website operated by, and in any promotional materials produced by, us or any of our Successors) for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter (to the fullest extent possible) in perpetuity;
(ii) you grant to us and each Successor each and every consent that may be required under the Copyright, Designs and Patents Act 1988 and any other laws now or in future in force in any part of the world which may be required by us or our Successors throughout the world to Utilise such UGC in accordance with the above licence and grant of rights;
(iii) you grant to each User a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your UGC through the Site and to Utilise such UGC as permitted through the functionality of the Site and under these Terms and Conditions; and
(iv) in connection with the permitted use of such UGC in accordance with the above licences and grants of rights: (A) you hereby waive, or warrant that you have procured the waiver of, in favour of us, each Successor and each User all so-called "moral rights" or similar rights now existing or created in the future in any part of the world in respect of such UGC; and (B) you grant to us, each Successor and each User the non-exclusive, royalty-free right to utilise any name, user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you.
c. For the avoidance of doubt, you shall continue to retain the entire legal ownership of all such proprietary rights in your UGC (and in any reproductions of the same) as vest in you. If you do not want to grant the rights set out above, do not upload your UGC to the Site.
d. You shall be solely responsible for your own UGC and the consequences of uploading it. By uploading any UGC, you warrant and represent for the benefit of us and our Successors that you own the entire right, title and interest in and to such UGC or have all necessary licences, rights, consents and permissions to use, and to authorise us and each Successor to use, any and all intellectual property rights or other third-party rights in and to such UGC to enable utilisation of such UGC in the manner contemplated by these Terms and Conditions.
e. In connection with UGC, you shall not impersonate another person and
shall not upload any UGC that:
(i) is copyrighted, protected under the law of confidence or otherwise subject to third-party rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the relevant third party to upload the UGC and to grant all of the rights granted by you under these Terms and Conditions;
(ii) is defamatory, obscene, indecent, harassing, threatening, harmful or offensive, incites racial or religious hatred, violates any law or encourages conduct that would amount to a criminal offence or give rise to civil liability and/or is otherwise objectionable;
(iii) represents falsehood(s) or misrepresentation(s) that could damage, or are in any way disparaging of, us, any of our Successors or any third party (or such persons' activities, products and/or services);
(iv) is directly or indirectly profit-making or contains any advertisement, promotion or solicitation of business;
(v) contains viruses or any other computer code, corrupt files or programmes designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment; or
(vi) includes any information about any identifiable individual other than you, unless that individual has agreed to the uploading of that information.
f. You shall, and shall procure that any necessary third party shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the grants of licences and rights under these Terms and Conditions.
g. You acknowledge that, when using the Site, you may be exposed to UGC from a variety of sources, and that we are not responsible for the truth, accuracy, usefulness or safety of such UGC. We do not endorse any UGC or any opinion, recommendation or advice expressed in such UGC, and we disclaim any and all liability in connection with UGC.
h. While we look forward to receiving UGC when we specifically ask for it, it is our policy not to accept or consider ideas, concepts, suggestions or other communications or materials other than those that we have specifically requested and then subject to any specific terms, conditions and requirements that may apply to them. This is to avoid any misunderstandings if your ideas etc. are similar to those that we have developed or are developing independently. Accordingly, you agree that unsolicited UGC will be treated as non-confidential and non-proprietary.
8. Removal of Materials
a. We are entitled at our option, but not obliged, to pre-screen and/or
pre-moderate any UGC uploaded by you or other Users, along with any other
Materials. We reserve the right in our sole discretion: (i) not to post UGC
on the Site; and (ii) to remove, or to suspend or disable access to,
Materials at any time without liability and with or without prior notice.
In particular, we do not permit infringement of third-party rights on the
Site, and we shall remove, suspend or disable access to, any Materials if
properly notified that such Materials infringe third-party rights.
b. If you are a rights-owner (or an agent acting for a rights-owner) and believe that any Material infringes your rights and you wish us to remove such Material from the Site or to suspend or disable access to it, please send us a notice by email to info@TeamKinetic.co.uk with the subject line "Removal request" and provide us with the following information:
(i) an electronic or physical signature of the rights-owner or a person duly authorised to act on behalf of the rights-owner;
(ii) details of the rights and proprietary material that are claimed to have been infringed (or, if multiple proprietary materials on the Site are to be covered by a single notification, a representative list, and detailed description of the extent, of such materials);
(iii) details of the Material that is claimed to be infringing or to be the subject of infringing activity, together with information reasonably sufficient to permit us to locate the Material (including a URL and/or screen shot);
(iv) information reasonably sufficient to permit us to contact you, such as a postal address, telephone number and, if available, an email address; and
(v) a statement by you that: (A) you believe in good faith that use of the Material in the manner complained of is not authorised by the rights-owner or the rights-owner's agent or by law; (B) the information in the notification is true and accurate; and (C) you are the rights-owner or are duly authorised to act on the rights-owner's behalf.
9. Information on the Site
While we endeavour to provide accurate and up-to-date information on the Site, it is provided for information purposes only, without any guarantee, warranty, representation or endorsement of any kind as to its accuracy or completeness or otherwise (whether express or implied), and it does not constitute professional or legal advice. If it comes to attention that any information on the Site is inaccurate, please let us know by contacting info@TeamKinetic.com.
10. Advertising and sponsorship
Part of the Site may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that Materials submitted for inclusion on the Site comply with relevant laws, regulations and codes. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship Materials or that they comply with relevant laws, regulations or codes.
To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other terms of any kind, express or implied, in connection with the Site, any Opportunity and your use of the Site and hosting of or attendance or volunteering at any Opportunity (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy). Your use of the Site and/or the Materials and/or your hosting of or attendance or volunteering at a Opportunity is entirely at your own risk. Without limiting the foregoing, we do not warrant or represent that the operation of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses, nor do we warrant or represent the full functionality, accuracy and reliability of the Materials.
12. Limitation of liability
a. The Site and the Materials are provided "as is" and on an "as available"
basis. In no event shall we or any of our Successors be liable to you for
any loss of business profits, data or goodwill or for any indirect, special
or consequential loss whatsoever, arising out of or in connection with, the
use of the Site and/or Materials and/or any Opportunity.
b. We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
c. Nothing in these Terms and Conditions excludes or limits our liability for any liability which cannot be excluded or limited under applicable law.
You agree to indemnify us on demand against any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, any claim or allegation made against us that UGC uploaded to the Site by you infringes anyone else's rights.
a. These Terms and Conditions and the Website Documents (as the same may be
updated from time to time) constitute the entire agreement between you and
us regarding your use of the Site. If there is any conflict between this
web page and specific terms appearing elsewhere on the Site, such specific
terms shall prevail.
b. These Terms and Conditions and the Website Documents have been (or will be) drawn up in the English language. These Terms and Conditions and each of the Website Documents shall be interpreted in the English language. Where these Terms and Conditions or any of the Website Documents (or any part of these Terms and Conditions or a Website Document) is translated into any language in addition to English and there is any conflict in meaning between the English-language version and such translated version, the English-language version shall prevail in all respects.
c. The section headings in these Terms and Conditions and all Website Documents are inserted for convenience only and have no legal or contractual effect.
d. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
15. Governing law and jurisdiction
These Terms and Conditions shall be governed by, and interpreted in
accordance with, the law of England, whose courts shall have exclusive
jurisdiction over any dispute, claim or matter (including any
non-contractual claims) arising under or in connection with these Terms and
If you have any queries, comments or feedback about these Terms and Conditions or about the Site, please contact us by email.
Created by – Chris Martin
Reviewed By – Steven Hall / Rolf Herbert
Created on – 24th May 2018
Next review due – April 2019
Why this policy exists
- Complies with data protection law and follow good practice
- Protects the rights of staff, customers and partners
- Is open about how it stores and processes individuals’ data
- Protects itself from the risks of a data breach
Data protection law
To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.
This policy applies the information practices, including how the Company collects, uses, shares and secures the personal information you provide, in relation to the Services. It applies to the following
- The head office of TeamKinetic
- All branches of TeamKinetic
- All staff and volunteers TeamKinetic
- All contractors, suppliers and other people working on behalf of TeamKinetic
Information we collect
When expressing an interest in obtaining additional information about the Services or registering to use the Web sites or other Services, or registering for an event, TeamKinetic requires you to provide the Company with personal contact information, such as name, company name, address, phone number, and email address (“Required Contact Information”).
When using the Services or registering for an event, TeamKinetic may also require you to provide the Company with financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”).
TeamKinetic may also ask you to provide additional information, that is relevant to your volunteer experience or specific requirements for a particular opportunity or other types of information that we capture as “Customer” defined fields (“Optional Information”).
When volunteers apply for an opportunity with the Company, TeamKinetic may also require you to submit additional personal information as well as a resume or curriculum vitae (“Volunteer Information”).
TeamKinetic may collect data through mobile applications provided by TeamKinetic, which may include other information from your mobile device such as photographs (to use as part of your profile), as well as your calendar and your contacts (to sync information with information that is submitted to the Services) (“Mobile Application Information”).
As you navigate the Services, TeamKinetic may also collect information through the use of commonly-used information-gathering tools, such as cookies (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take in relation to the Services (such as the Web pages viewed and the links clicked). See the “Cookies and other identifiers” section below for more details.
The Services may contain links to other websites. The information practices or the content of such other Web sites is governed by the privacy statements and data protection policies of such other websites. The Company encourages you to review the privacy statements of other websites to understand their information practices.
Use of Information Collected
TeamKinetic will retain your personal data on TeamKinetic’s systems only for as long as is strictly necessary for the purposes for which such data was originally collected (or for such longer period as may be required by law). The Company uses Data about Customers to perform the services requested. For example, if you fill out a “Contact Me” Web form, the Company will use the information provided to contact you about your interest in the Services.
The Company may also use Data about Customers and their authorised users for the purposes of brokering volunteer experiences. For example, the Company may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding the opportunities.
TeamKinetic’s role in respect of volunteer management and brokerage requires the sharing of relevant personal data between volunteers and providers under the following conditions.
- Volunteers offer to undertake an opportunity on behalf of a provider.
- Volunteers are linked to a provider through signing up via a provider’s page or by asking an Admin user to link them to a provider.
Some Required Contact Information, Optional Information and Volunteer Information is shared between users to ensure the opportunity can be undertaken safely.
TeamKinetic uses Billing Information solely to check the financial qualifications and collect payment from prospective Customers and Attendees.
TeamKinetic uses the information collected in the five paragraphs above in order to properly fulfil a contract between you, the data subject, and TeamKinetic.
TeamKinetic may also receive information about Customers and Attendees from other sources, including third parties from whom we have purchased data, and combine this information with Data we already have about you. This helps us to update, expand and analyse our records, identify new customers, and create more tailored brokering to provide products and services that may be of interest to you.
TeamKinetic uses Web Site Navigational Information to operate and improve the Services. TeamKinetic may also use Web Site Navigational Information alone or in combination with Data about Customers.
TeamKinetic uses the information collected in the two paragraphs above in order to achieve the legitimate interest that TeamKinetic has in operating its business and ensuring the Services run as well as possible.
TeamKinetic uses Mobile Application Information to operate and improve the Services. TeamKinetic may also use Mobile Application Information alone or in combination with Data about Customers. TeamKinetic will use Mobile Application Information to achieve the legitimate interest that TeamKinetic has in operating its business and ensuring the Services run as well as possible or with your express consent (depending on the usage that is being contemplated).
TeamKinetic shares Data with our end customers and opportunity providers regarding any Visitor, Customer or Attendee who signs up via that end customer’s or opportunity provider’s application as outlined in our EULA and customer contract.
Opportunity data is shared by TeamKinetic on an opportunity by opportunity basis. All applications that have sharing switched on receive all opportunity Data and cannot filter the opportunities they receive.
TeamKinetic is free to partner with other companies to jointly offer products or services, such as our API links to other partners. If you specifically consent to receive information about a jointly–offered product or service from or through TeamKinetic, the Company may share Data about TeamKinetic Visitors, Customers and Attendees collected in connection with your expression of interest with our partner(s).
TeamKinetic does not control our business partners’ use of the Data, and their use of the information will be in accordance with their own privacy policies. TeamKinetic will only share your information in this manner if you have provided your consent.
Cookies and other identifiers
Log Files, IP Addresses, URLs and Other Data
As is true of most Web sites, we gather certain information automatically to analyse trends in the aggregate and administer our Services. This information may include your Internet Protocol (IP) address (or the proxy server you use to access the World Wide Web), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage and some of this information may be considered personal data under the Data Protection Laws. Due to Internet communications standards, when you visit or use the Services, we automatically receive the URL of the website from which you came and the website to which you go when you leave our Website. This information is used to analyse overall trends, to help us improve our Services, to track and aggregate non-personal information, and to provide the Services. For example, TeamKinetic uses IP addresses to monitor the regions from which Customers and Visitors navigate the Services. TeamKinetic also collects IP addresses from Customers when they log into the Services as part of the Company’s “Identity Confirmation” and “IP Range Restrictions” security features.
Nielsen/Netratings, Google Analytics and cookies
TeamKinetic uses both Nielsen/Netratings and Google Analytics to gather non-personal information on our visitors in order for us to monitor how our visitors are using our service so that we can improve their experience. This is done through cookies and code which is embedded on our websites. If you wish to reject the cookies on our website, you will need to turn off cookies in your browser. You can find instructions on how to reject cookies in different browsers http://aboutcookies.org. Please note that, rejecting cookies may mean that some functional will be lost. For further details on Nielsen/Netratings and Google Analytics please see http://uk.nielsennetpanel.com/ and https://analytics.google.com/.
Social Media Features and Single Sign-on
TeamKinetic uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on the Company’s behalf.
International transfer of information collected
All Data is housed in the UK and will not be transferred outside of the European Economic Area unless TeamKinetic has your explicit consent to do so or we have another legal justification for doing so and have ensured that all adequate protections are in place in respect of the processing of such data outside of the EEA.
We adopt industry standard security processes to ensure your data is kept safe and secure and to prevent unauthorised access or use or loss of your data. We also make sure that third parties who need to handle your data when helping us to deliver our services are subject to suitable confidentiality and security standards.
Despite the security measures we implement, please be aware that the transmission of data via the internet is not completely secure. As such, we cannot guarantee that information transmitted to us via the internet will be completely secure and any transmission is at your own risk.
TeamKinetic offers Visitors, Customers and Attendees who provide contact information a means to choose how the Company uses the information provided. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the Company’s marketing emails.
Data Subject rights
Under the Data Protection Laws, you have a right to:
- Access a copy of your personal data;
- Correct or update your personal data;
- Request the deletion of your personal data;
- Object to the processing of your personal data where we are relying on a legitimate interest;
- Restrict the processing of your personal data;
- Request the transfer of your personal data to a third party; and/or
- Withdraw your consent to certain processing activities (where consent is the legal basis for those processing activities).
In addition to the above, you may complain to the Information Commissioner’s Office if you are concerned about the way in which we are handling your personal data.