Terms and Conditions
The Customer agrees to engage SMAS Worksafe (“Worksafe Training”) to provide training services on the terms and conditions set out in this agreement. By submitting a booking form, the Customer agrees to be bound by these terms and conditions.
Definitions
“Attendees” means those people notified by the Customer to Worksafe Training who will attend the Location to receive the Services;
“Cancellation Charges” means the cancellation charge to be paid by the Customer to Worksafe Training
“Course Date” means the date agreed between Worksafe Training and the Customer;
“Confidential Information” means all information in respect of the business of Worksafe Training including any know-how, and any information marked confidential or which are by their nature clearly confidential and any other information which, if disclosed, will be liable to cause harm to Worksafe Training;
“Customer” means the party that contracts with Worksafe Training for the Services;
"Data Protection Legislation" means all data protection and privacy legislation, regulations and guidance applicable in respect of a party from time to time including, without limitation as applicable the General Data Protection Regulation (EU) 2016/679 and Data Protection Act 2018 (or, in the event hat the UK leaves the European Union, all legislation enacted in the UK in respect of the protection of personal data) and the Privacy and Electronic Communications (EC Directive) Regulations 2003
“Location” means the place at which the Services will be provided and detailed on the booking form;
“Payments” means the amounts to be paid by the Customer to Worksafe Training as course fees for the Services and listed on the booking form as may be varied by Worksafe Training from time to time;
"Personal Data" is as defined under the Data Protection Legislation.
“Services” means the services to be provided by Worksafe Training to the Customer or a third party consultant particularly as listed on the booking form or otherwise agreed;
“Working Days” means any day except a Saturday or a Sunday or any public holiday in England and Wales;
Worksafe Training’s obligations
Subject to the Customer’s compliance with these standard terms and conditions, Worksafe Training shall:
use reasonable endeavours to provide the Services at the Location on the Course Date and shall provide the Customer and the Attendees with reasonable access to the Location for the purpose of booking or attending a course;
exercise reasonable skill, care and diligence in providing the Services;
deliver all Services provided in English; and be permitted to assign or subcontract the whole or any part of the Services without the consent of the Customer.
The Customer’s obligations
The Customer shall:
ensure that the agreed Attendees attend at the Location on the Course Date at the agreed time to receive the Services;
ensure that the Attendees are sufficiently competent to receive the Services;
comply with and shall ensure that when at the Location, all Attendees comply with all reasonable instructions of Worksafe Training and all applicable laws and policies (as may be notified to the Customer or the Attendees from time to time by Worksafe Training);
withdraw any Attendee from attendance at the Location upon the reasonable request of Worksafe Training;
pay the Payments on the due dates for payment; and
pay any applicable Cancellation Charges.
Bookings
All fees must be paid on receipt of invoice or in strict accordance with payment terms for account customers.
Transfer Charges
If you wish to transfer any courses or services, the following additional charges for transfer will apply for each transfer processed:
Open Training Courses
Cancellation Charges
If you wish to cancel any course or service the following charges will apply for each cancellation processed:
All Training Courses
Training Material Element
Each training product has two chargeable elements; Course Element and Training Material Element. Training materials are sent directly from the framework provider 10 days prior to the course commencement date. If we are given a cancellation notice period of 10 or less working days, we shall charge for full reimbursement associated with providing the training material.
Change to or Cancellation of Courses or Services
Course contents, prices and dates are correct at the time of going to press.
From time to time it may be necessary, for reasons beyond our control, to change the content, timing, or price of a course. In cases where it is inadvisable to go ahead with the planned training / consultancy service (e.g. due to force majeure or severe (red) weather / flood warnings being issued), every effort will be made by SMAS Worksafe to provide advance notification of any such cancellation.
In the event of a course or service being cancelled, clients will be offered an alternative date, credit note or full refund.
Certification
Certification will be processed upon course completion and receipt of full payment.
VAT
All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes.
Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums and shall become payable by the Customer at the same time as the Payments.
Intellectual Property Rights Confidentiality
All copyright and other intellectual property rights in all specifications, drawing, illustrations, diagrams, course literature and other documents issued by Worksafe Training will remain the property of Worksafe Training and may not be reproduced without permission.
Customers will and shall procure that Attendees will keep confidential any and all Confidential Information that it may acquire and shall not use any Confidential Information for any purpose other than the purpose intended by its disclosure by Worksafe Training and as notified to the Customer be permitted to assign or subcontract the whole or any part of the Services without the consent of the and/or the Attendee by Worksafe Training on disclosure.
Invalidity of any Provision
available through no act or omission of the Customer or Attendee, or of which disclosure is required by order of a court or regulatory body of competent jurisdiction, and then only to the extent required to be disclosed No announcement, press release, circular, marketing or other promotion in connection with Worksafe
Training shall be made by or on behalf of the Customer without Worksafe Training’s written consent except if and to the extent required by law or by any governmental or regulatory authority.
Data Protection
We are the data controller of all Personal Data you provide when booking or enquiring about a training course. If you provide Personal Data about another person to us, you should provide them with this information concerning the processing of their personal data.
We collect and use this Personal Data to administer your training and comply with any legal obligations (if applicable). We also process the Personal Data, where permitted by law, for business analysis, fraud, and crime prevention and to improve our services. These may involve disclosing your data to third parties such as HMRC and our insurers. In the event of company reorganisation, merger or buy out, it may be disclosed to a different group company.
Limitation of liability
Worksafe Training does not exclude its liability (if any) to the Customer for a breach of its obligations arising under Section 2 Sale and Supply of Goods and Services Act 1982; for personal injury or death resulting from its negligence; under Section 2(3) Consumer Protection Act 1987; for any matter which it would be illegal to exclude or to attempt to exclude its liability; or for fraud or fraudulent misrepresentation.
The total liability of Worksafe Training to the Customer for any reason and upon any cause of action shall be limited to the amount of any Payments and other charges which the Customer has paid to Worksafe Training under this agreement.
Worksafe Training will be under no liability whatsoever for any:
loss of profit (direct or indirect)
loss of revenue, loss of production or loss of business (in each case whether direct or indirect);
loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct or indirect);
loss of data (direct or indirect);
loss of anticipated saving or loss of margin (in each case whether direct or indirect);
liability of you to third parties (whether direct or indirect); or
indirect, special or consequential loss.
Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure.
For the purpose of this agreement, “Force Majeure” means any act, omission, cause of circumstance beyond the reasonable control of either party and shall include but not be limited to war, rebellion, civil commotion, strikes, lock outs, industrial disputes, fire, explosion, earthquake, volcanic eruption, act of God, flood, drought or other act or order of any government department, council or other constituted body.
The obligations set out will not apply to any information which is publicly available or becomes publicly
In the event of one or more of these terms and conditions or any part thereof being invalid, illegal or unenforceable in any respect, such term shall be deemed to be severed from the terms and conditions and the validity, legality or enforceability of the remaining terms and conditions shall not be affected or impaired.
Entire Agreement
This agreement constitutes the complete and exclusive statement of the agreement between the parties as to the subject matter hereof and supersedes all previous agreements with respect thereto.
General Terms
No variation of these terms and conditions will be effective unless agreed in writing by a Director of Worksafe Training. All terms other than those expressly set out in this agreement are hereby excluded.
These terms expressly exclude any rights afforded any third party pursuant to the Contract (Rights of
Third Parties) Act 1999.
Law and Jurisdiction
These terms and conditions and any non-contractual obligations arising out of or in connection with them shall be governed in all respects by the law of England. The parties agree that the courts of England shall have exclusive jurisdiction to determine any dispute arising out of or in connection with the Contract (including in relation to any non-contractual obligations).
Why a Privacy Policy?
The Smas Worksafe privacy policy (the “Privacy Policy”) is all about letting you know as a Smas customer that we take the protection and management of your personal information very seriously.
As a UK based business our handling of your information is controlled by the UK Data
Protection Act 2018 and the Data Protection, Privacy and Electronic Communications
(Amendments etc) (EU Exit) Regulations 2019. We therefore take great care to protect your personal information or anything which might identify you personally such as:
• Name
• Email address
• Telephone number
• Organisation information (e.g. job title)
• Online identifiers (e.g. IP address)
The Personal Data We Collect
We collect personal data from you when:
• You express an interest in our products and services either over the phone, via email, social media, webforms, contact us provision, when signing up to newsletters and other
communications, when downloading certain content from our website, at events we attend or host or through the live chat on our website.
• If you contact one of our teams you may be asked for your name, company name and other information to assist us in dealing with your query.
• When you make a purchase, we will require financial information for invoicing and collection purposes, this may include bank details, credit card information, invoice name, address, and point of contact.
• Information collected during an assessment, this may include qualifications, training and ther evidence necessary to complete the assessment.
• If you attend an event where we are participating, you may have given additional consent to be contacted by us following the event.
• If you connect with us through a social media channel, we will know your social media handle and any other information including photos you make available through our interactions and your profile.
• If you complete surveys or enter competitions they may require contact information such as name, phone number, email address, company name and job title.
• If you complete a registration form on our website when downloading content, we will ask for details such as name, email address, phone number, company name etc.
• When you interact with our live chat function, we may need a name and email address for the functionality to work.
• If you are an applicant for a role at Smas Worksafe we will require information relating to your employment history which will also include name, address, phone number and email address along with personal data relating to potential referees
• If you visit our office, you will be asked to provide your name, signature, company name and car registration number
Personal data we collect from other sources
We will also gain personal information from other sources; this includes third parties we
purchase or obtain data from to help us identify and grow our business which could include a greater degree of personalisation. Additionally, we may combine these records with other publicly available information to ensure that our records are accurate and up to date.
We also obtain information from other companies within the Citation Group in order to
provide a greater level of service and service offering, or to better understand clients and industries we operate in, or where synergies apply to our business and to yours.
Typically, the personal information we get from third parties includes name, phone number, email address, company name, job title, contact preferences.
Data from your device, usage of our website and applications
When you access our website or use our SaaS products, we use tools such as cookies,
beacons, and similar technologies to automatically collect information which may contain personal data from your device and usage of our site and services. The nature of what these tools collect differ between website and SaaS product but still fall into similar categories.
For further information regarding cookies and other similar technologies, please see our
cookies policy here.
Social Media
Our website uses social media icons such as Facebook and Twitter logos and other social sharing widgets. By using these features, you will be connecting to and sharing information from your browsing session with these organisations. If you are logged into your social media account, it is also possible that they will connect your activity on our site to your social media account.
This is also the case if you access our social media pages on a social media platform. The respective social media company may add your interaction to any information they may already have about you or your interests.
In all cases, in that transfer of data the social media provider is a data controller in their own right, and are responsible for what they do with your personal data. Further information can be found in the social media providers privacy notice.
How do we use your information?
Information we obtain from you is used to:
• Improve and extend our services.
• Respond to your requests for specific services.
• Analyse user/purchaser/visitor interactions.
• Market additional Smas Worksafe services.
Purpose for processing and the legal bases for processing we
rely on
We collect and process personal data for the following purposes and with the following legal bases engaged:
• Where our website is concerned, we are processing your personal data with your consent if it is required and for other elements of our website, we are processing based on the legitimate interest to operate and administer the site. Where site security is concerned and the activities through our cookies that enable a secure site, this is administered as a legitimate interest.
• To download some content from our site you are required to complete a form, this is done with your consent. We may also get in touch with you either by email and/or phone as a result of the download.
• The recording of phone calls by default on all calls is done as a legitimate interest in
protecting both Smas Worksafe and your interests. Call recordings are used for security,
monitoring and training purposes.
• We may ask you for personal data when dealing with enquiries for our services, this data would be processed as a legitimate interest in being able to effectively follow up on your enquiry. This is also the case where it relates to a service enquiry or complaint, unless of course it is linked to a contractual obligation, this could include service updates and client communications, in which case it is processed as part of the fulfilment of our contract.
• Setting up and managing your journey as a client is again done as part and parcel of the performance of the contract. This is also the case when it comes to good administration of matters relating to your contract with Smas Worksafe.
• Managing event registration and administration of the event is done as a legitimate interest in ensuring the efficient administration and follow up of the event. We also rely on legitimate interests to process client contact data for service surveys. If you choose to complete the survey with our partner this is done based on consent.
• Managing your payments and payments relating to the service we provide. This also includes the entirety of the payment process in line with the terms and conditions of our service. We may also from time to time have to escalate this process to a third-party debt collection service. This disclosure of such data would be as a legitimate interest and further processed as part of the contractual terms.
• The identification of opportunities both with prospects and opportunities within our existing client base is done in furthering the legitimate interests of the business. Any sharing of data internally within Citation Group companies is also a legitimate interest when it is done for similar purposes. This data may also be used to improve user experience and our understanding of both the client journey and appropriateness of products and services at different points of client lifecycle either within Smas Worksafe or across the Citation group.
• Personal advertising on our website is done with your consent when you select ‘Accept All Cookies’. Where advertising of our products and services offline is done in the pursuit of our legitimate interest and is done so with prior consent that you have provided.
• Registering your information as a visitor to one of our offices will be done as a legitimate interest to protect you, our building, business, and colleagues.
• If you provided a testimonial of our service, you will be doing so of your own free will and will be retained until you ask us to remove it.
• Where you have applied as a candidate for a role at our company, we will process your
information in order to progress your application, contact you with updates, assess your
qualities and capabilities against the requirements of the role and against other candidates. You will also be asked for proof of qualifications, references, and other right to work information such as identification documents. This processing is done in part as a legitimate interest, in part with your consent and in part as a legal obligation. We may also use recruitment companies from time to time, where data is shared with these organisations, we will both be data controllers and you will have been referred to us from them. Further data protection information regarding their activities can be gained directly from the recruitment agency.
• We may use personal data relating to usage of our SaaS products for reporting and analytical purposes, this is a legitimate interest in trying to improve our offering and further the growth of the business.
• We will send sales and marketing communications such as emails or phone calls related to our services and those services of other companies in the Citation Group only if we can do so in accordance with data protection legislation.
Legal requests for information
Smas Worksafe may be required under court order to provide personally identifiable
information to government authorities. Providing such government departments/agencies have a legal right to access our records and such enquiries are correctly made, we will supply such authorities with the information they require.
Do we share your information with Third Parties?
We would only share personally identifiable information with third parties not already covered by this notice if:
• You agree to us sharing this information.
• We are forced to bring legal actions against a subscriber who has breached our user
agreement.
• We sell, assign or transfer all or part of Smas Worksafe and the services it provides, providing your personal information is sold, assigned, or transferred only to the acquirer as part of such transaction.
• They are providing services to Smas Worksafe. Such third parties are limited in their rights to use such information only for the provision of these services.
• They are affiliates subject to privacy policies that protect your personally identifiable
information from disclosure are comparable to this privacy policy.
How long do we retain your information?
Personal information for enquiries is stored for 12 months from the point of initial expression of interest. At the end of the 12-month storage period this data is anonymised and retained indefinitely for the following purpose of continuing to display company only information to Main Contractors who use the Smas Contractor Portal to find and invite suppliers to tender. At his time only company related information will be presented.
Smas will hold personal information relating to member accounts for an undefined period unless we receive specific request from the individual for this information to be removed. No company information is removed but personal information will be anonymised.
Personal information included in assessment materials submitted as evidence for our
assessment will be held securely for internal Smas reference ONLY for up to 24 months from the point of assessment. Smas hold this information for auditing purposes and due to the serious nature of our H&S assessment. Material submitted by an employer can be held longer than the 24-month period if explicitly chosen by the company to reapplying for membership upon expiry. Once your data is no longer required it shall be deleted.
Call Privacy
We record all incoming and outgoing calls for contractual and training purposes.
Your rights
You have various rights in respect of the personal information Smas Worksafe holds about you – these are set out in more detail below. If you wish to exercise any of these rights, you can do so by contacting our Data Protection Officer at [email protected]. Please note that you will need to provide Smas Worksafe with evidence of your identity for us to complete you request.
You have the right to: -
Request access to your personal information: You can ask us to provide you with a copy of the personal information that Smas Worksafe holds about you.
Request correction: You can ask us to change or complete any inaccurate or incomplete
personal information held about you.
Request erasure: You can ask us to delete your personal information where Smas Worksafe has no lawful basis for keeping it.
Right to object: You can object to us processing your personal information where we are
relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request restriction: You can ask us to restrict our use of your personal information in the following circumstances: -
• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful, but you do not want the data to be erased.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• If you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request transfer: You can ask us to provide you or a third party with some of the personal information that e hold about you in a structured, commonly used, electronic form, so it can be easily transferred.
Withdraw consent: If you have given us your consent to use personal information (for
example, for marketing), you can withdraw your consent at any time.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, epetitive or excessive.
Smas Worksafe tries to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex, or you have made several requests. In this case, we will notify you and keep you updated.
Contact information
If you have any queries concerning this policy, please email [email protected] or call us on 1752697370. We endeavour to acknowledge all requests within 1 working day. Smas Worksafe tries to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring it to our attention if they think that our collection or use of information is unfair, misleading, or inappropriate. We would also welcome any suggestions for improving our procedures.
This privacy notice was drafted with brevity and clarity in mind. It may not provide exhaustive detail of all aspects of Smas Worksafe’s collection and use of personal information. However, we are happy to provide any additional information or explanation needed. Any requests for his should be sent to the address below:
Safety Management Advisory Services Ltd.
Office 44b
Estover Close
Forresters Business Park
Plymouth
Devon
PL6 7PL
Or you can email us at [email protected].
If you want to make a complaint about the way we have processed your personal information, you can contact the Information Commissioner’s Office in their capacity as the statutory body which oversees data protection law - www.ico.org.uk/concerns
Policy changes
Smas Worksafe reserves the right to change its privacy policies at any time. This policy was last reviewed on the 20th of January 2022
