These terms and conditions form the contract between you (“the Educator”, “you”, “your”) and the Lab Tots Learning System Limited (“LTLS”, “us”, “we”, etc). By requesting us to publish your courses at www.labtots.com (“the Learning Centre”), you agree to be bound by them.
LTLSis a trading name of Lab Tots Learning System Limited, company number 13446866, incorporated in England and Wales, with registered office address situated at Arbor House, Broadway North, Walsall, West Midlands, WS1 2AN.
You are able to contact us telephoning us on (+44) 0844 335 0058 or by writing to us at info@labtots.comand by post at the address set out above.
The Lab Tots Learning System is an online marketplace where Educators can list their Courses and Live Events, and Learners can access said Courses and/or Live Events. We are an intermediary platform, we do not employ any Educator, and we do not provide the Courses or Live Events as the Learning System. We are not bound by any contract that may arise at any time between an Educator and a Learner.
Your privacy is vital to us. Please read our Privacy Policy and Cookie Policy to understand how we collect, use and share information about you, to understand what cookies we use on the Learning Centre and how you can control these cookies.
If you wish to register on or use the Learning Centre as an Educator, you must be at least 18years old and legally capable of entering into a contract.
We may ask for further information from you such as your DBS check, details about your insurances, website, social media accounts and licences, and you agree to provide that information to us. We may also close an Educator account if it is not activated within a specified period of time, or if it is inactive or not maintained for a prolonged period of time or otherwise in accordance with the Terms.
When you register on the Learning Centre as an Educator you will create a password. You are responsible for keeping your password confidential. You are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by emailing info@labtots.comif you believe there has been any unauthorised use of your account. You may not transfer your account to anyone else.
Please keep your account information up-to-date by making any changes yourself within your Educator Dashboard.
Following registration, we shall be entitled to reproduce all of the content you have provided to us, including business’ name and associated logos and descriptions and images, in our marketing materials, including the Learning Centre, emails, our social media accounts and within our correspondence.
1.1 This Agreement establishes the legal relationship between us.
1.2 The definitions of Capitialised Terms appear in the Definitions section at clause 18.
1.3 We publish Courses and/or Live Events produced by you on the Learning Centre for Learners to purchase, access and attend.
1.4 The law imposes a series of legal obligations upon us as an online marketplace when we sell Courses and/or Live Events on your behalf to the public, including toconsumers.
1.5 LTLS:
a. is a sales and payment agent for your Courses and/or Live Events,which are streamed to Learners, licensed to Learners and/or made available to Learners;
b. is not a party to the contract between Educators and Learners who choose to purchase Coursesand/or Live Eventswhich you upload to the Learning Centre.
1.6 We may change these terms on 30 days’ notice, and longer where it would be reasonable for us to provide more notice. We may do so for legal and/or technical or reasons, or because the requirements of our business have changed. We shall inform you of any changes we make to these Terms if you have a registered account on the Learning Centre. You agree that if you do not accept any amendment to our revised Terms you shall immediately stop accessing and/or refrain from using the Learning Centre. Updated Terms will be effective as soon as they are published and accessible.
2 Courses and/or Live Events
2.1 You can register and create an Educator Account for freeon the Learning Centre. There are no subscriptions, monthly or hidden costs.
2.2 Once registered as an Educator you can upload your Courses and/or Live Events to the Learning Centre. We reserve the right to reject a Course and/or Live Event at our discretion or delete it at any time. Otherwise, the Course and/or Live Event will remain on the Learning Centre indefinitely until you terminate your account or remove the Course and/or Live Event.
2.3 You may upload Courses and/or Live Events for sale through the Learning Centre upon acceptance of these terms.
2.4 We need to control the Courses and/or Live Eventsmade available on the Learning Centre. On occasion, we may request that you change the content of Courses and/or Live Eventsor remove them from the Learning Centre. Should you decline to do so, you are able to use the process set out in our Complaints Policy to resolve the matter. Depending on the outcome of that process, we may still require you to remove the Course and/or Live Eventsubject to the outcome of the complaint process, and should you refuse to do so, we will remove it. You may cancel this agreement if you do not agree, and we will remove your Courses and/or Live Eventsfrom the Learning Centre.
2.5 Youmust keep all Course and/or Live Event content current and up to date so that Learners can trust the information you provide. Failure to do so, may result in termination of your account without liability to you and without affecting any other rights or remedies available to us.
2.6 Live Events may either be in the form of in person online events or in person offline events.
2.7 Courses and/or Live Events may be offered for FREE / unpaid. For FREE / unpaidCourses and/or Live Events there will be no charges made by you or the Learning Centre to the Learner. There will be no charges by the Learning Centre to you the Educator.
2.8 When you upload Courses and/or Live Eventsto the Learning Centre you must also:
a. disclose your full legal identity to us and Learners;
b. present your own terms and conditions of sale to Learners for acceptance prior to purchase by Learners; and
c. provide us with information and documentation which we reasonably request and it is your responsibility to ensure that it is true, correct, not misleading in any material respect and where necessary qualified to correct anything which may otherwise be misleading.
2.9 You must not post any content on the Learning Centre, including within your Course and/or Live Event description that:
a. is dishonest, false, inaccurate, or incomplete.
b. is obscene, offensive, hateful, inflammatory, or unlawful, or promotes illegal activities, violence, or hatred.
c. includes any personal insults or attacks; and/or
d. encourages or otherwise deliberately or recklessly involves any breach of applicable laws, regulations, codes of practice and/or guidelines.
e. is discriminatory of any group of people.
f. includes any IP (Intellectual Property) Rights that do not belong to you unless you have the pre-obtained written permission of the owner of such IP Rights to reproduce it on the Learning Centre.
g. includes any link to any third party booking or other competing platform for your Courses and/or Live Events. Links to your own website and private YouTube channel are permitted.
h. includes any third-party advertising whatsoever.
2.10 In respect of servicesoffered to Learners as part of the Courses and/or Live Events, the Educator agrees that:
a. Courses will be prepared and supplied with reasonable skill, knowledge and care;
b. information which is communicated to Learners and taken into account by consumers:
i. when deciding to enter intoa contract; and/or
ii. when making any decision about a Course and/or Live Event after entering intoa contract iswill be a term of the contract between the Educator and the Learner.
2.11 In respect of digital content offered to Learners, the Educator agrees that:
a. the quality of the digital content will be satisfactory, having regard for any description of the digital content, the price, and is consistent with any statement made about specific characteristics of the digital content before the Course is sold;
b. it will remove any Coursefrom the Learning Centre which for any reason the Educator are not able to supply.
2.12 The Educator shall not resubmit any Course and/or Live Event we remove from the Learning Centre.
2.13 LTLS is not responsible for delivery of any part of Courses and/or Live Events the Educator may make available on the Learning Centre, other than to stream parts of Courses and/or Live Events, make documents and attachments available for download and make available any quizzes you have created within the Learning Centre.
2.14 LTLS is entitled to use marketing material made available on the Learning Centre by the Educator and short segments or sections of Courseand/or Live Event content to promote and advertise Courses and/or Live Events. We may advertise Courses and/or Live Events on social media sites, on online and print publications, and we may also use specialist marketing and public relations services, at trade shows and elsewhere.
2.15 Aside our rights under the Terms, we do not undertake to monitor, scrutinise or the submission of your Course and/or Live Event content to, or the publication of such content on, the Learning Centre.
3 Complaints about Courses and/or Live Events
3.1 As an Educatoryou must comply with the termsof the Complaints Procedure with Learners.The Complaints Procedure is accessible in the Learning Centre.
3.2 The Educatormust:
a. reply to messages received from Learners within 2 business days of messages being received from Learners;
b. where a Learner is entitled to a refund, you will do all things reasonable and necessary to facilitate the refund as soon as possible and cooperate and assist LTLS to do so;
c. comply with the procedures of LTLSto ensure that Courses are satisfactory and comply with any minimum requirements which we may notify you of from time to time; and
d. cooperate with us to handle and resolve:
i. complaints made by Learners in respect of your Courses;
ii. disputes in relating to payments; and
iii. to detect, prevent and resolve fraudulent conduct.
3.3 Although it is a last resort on our part, we may need to remove Courses and/or Live Events from the Learning Centre where a complaint by a Learner is upheld against you. This may also extend to removal of your Educator Account.
4 Sale of Courses and Live Events
4.1 Courses and online Live Events are made available for streaming and/or licensed, and not sold to Learners on the Learning Centre. Learners obtain a permission to use digital content and access Services when Services are supplied with Courses.
4.2 The Educatoragrees that LTLS may accept Learner’s offer to purchase a Course and/or Live Event, as soon asthe Learner’s payment has been accepted by the payment provider of LTLS. Again, acceptance of the purchase is on the terms of the terms and conditions of the Educator. The terms and conditions which you have uploaded, and which apply to purchases of Courses and/or Live Events are available for viewing in the Learning Centre.
4.3 Courses and/or Live Events are offered for sale at a fixed price.We may invite you to allow us to use free samples of parts of Courses and/or Live Events to promote them. Such arrangements are recorded in writing.
4.4 Promotional pricing is available for a predefined period of time. The promotional price and the promotion duration is determined by you when you create your Course and/or Live Event in the Learning Centre.
4.5 You only pay for the Lab Tots Learning System once you are earning from the Lab Tots Learning System. All fees for paid Courses and/or Live Events are clearly shown in the ‘Course Price Estimation Tool’ within the Learning Centre. Please note that this is an Estimation Tool Only in relation to VAT.
4.6 Learning Centre fees and card transaction fees are included within the price the Learner will pay for any given Course and/or Live Event. Card transaction fees will be taken out by the payment provider STRIPE at the point of sale and are non-refundable.
4.7 The Learning Centre will take payment for any Course and/or Live Event and LTLS Fees will be removed. The balance payment will be transferred to you via the bank details you provide within your Educator Dashboard via BACS transfer on a monthly basis. All transactions can be viewed via your Educator Dashboard. Should you have any questions regarding payments and/or Learning Centre fees, contact us as info@labtots.com.
4.8 As Courses and/or Live Events are afixed price for Learners, there must not be further charges payable to receive the full benefit of the Courses and/or Live Events and therefore no hidden charges payable by Learners for the Course and/or Live Event.
5 Advertisingof Courses and Live Events
5.1 When the Educator uploadsa Course and/or Live Event:
a. LTLS may use marketing specialists to promote Courses and/or Live Events;
b. LTLS is responsible for the advertising and promotion of the Learning Centre
c. LTLS and any correspondence we may send to you may include third party advertisements, which may be targeted towards you. We do not endorse or recommend any product or service offered for sale by any advertiser within the advertisements on the Learning Centre and any correspondence, and we are not responsible for the content of any third-party advertisement.
d. Course and/or Live Event on the Learning Centre and production and use by LTLS of any advertising materials and promotional literature in relation to specific Courses and/or Live Events not provided by the Educator is subject to the prior written consent of the Educator;
e. the price charged for the Course and/or Live Event must include all payments LTLS makes to others, such as payment processors; and
f. must follow all reasonable requests made by LTLS in relation to promotion and advertisement of the Course and/or Live Event, and
g. the Course and/or Live Event and its associated marketing material must not make any statement as to the nature or quality of the Courses and/or Live Events which is not true and correct in all material respects.
5.2 We give no guarantee as to the success of the Course and/or Live Event or any advertising placed.
5.3 We do not receive secret commissionsfor advertising services or rankings.
5.4 You are responsible for marketing your own Courses and/or Live Events and for helping to drive traffic to the Learning Centre.
6 Consumer Rights Legislation
6.1 As we say above, when an Educator sells Courses and/or Live Events, the Educator contracts directly with the Learner.
6.2 Purchasers of Courses and/or Live Events may be consumers within the meaning of the consumer protection legislation in the UK, which include the Consumer Rights Act (“CRA”) and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCR”).
6.3 When Learners purchase Courses and/or Live Events, the terms and conditions of sale of Educators are required to comply with all consumer protection legislation in their terms and conditions, irrespective of the country in which the Learner is located. To comply with the CRA and CCR, Educators are required to provide all the information required by the CRA and CCRtheir terms and conditions.This is because purchasers who are consumers in the UK have statutory rights which cannot be excluded by contract (or otherwise)when they are sold on the Learning Centre.
6.4 We give Learners notice of some of their rights in the CRA and CCR in our terms and conditions with Learners.
6.5 The terms and condition of sale of Learners must give notice of the right to cancel under the CCR. Failing to do so will mean that you as an Educator may be required to refund Learners should they request to cancel the contract outside timeframes relevant to the supply of goods, services or digital content (as the case may be) which would otherwise apply.
6.6 Learners will be able to communicate with you directly to do so.
6.7 Educators are able to offer more favourable terms to Learners than those required by the CRA and/or CCR if you wish to do so.
6.8 In this context, it is also important also that the marketing material published by Educators and communications with Learners in respect of your Courses and/or Live Events is consistent with the content of your Courses and/or Live Events.
7 Fees and Commission
7.1 We offer Coursesand/or Live Events to Learners on your behalf at the pricesyou enter for theminto the Learning Centre.
7.2 Payment processing services are provided by STRIPE and are subject to their agreements and terms of service and you agree to be bound by the STRIPE Services Agreement as the same may be amended from time to time. As a condition of us enabling payment processing services through STRIPE, you agree to provide to us accurate and complete information about you and your business and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.
7.3 LTLS take a commission forall paid Courses and Live Events booked through the Learning Centre. STRIPE shall deduct any card payment charges from the fee paid by the Learner for a Course and/or Live Event and pay the remainder to our Learning Centre STRIPE Account. The Learning Centre will then take out fees due to us and the remainder of monies will be paid to you, on a monthly basis, via BACS transfer. Our commission is on a sliding scale depending on the Price the Learner will pay and are clearly stated in the Course Price Estimation Tool within the Educator Dashboard.We may amend the calculation of our commission fee on 30 days’ notice to you.
7.4 Should any refund be requested by the Learner within those 30 days of purchase and a valid cancellation, complaint or refund be found, LTLS will process the refund directly to the Learner. In this case, no monies will be paid to you from the Learning Centre and any Live Event Places will be re-released within the Learning Centre. Following on from this ‘holding period’ once monies have been paid to you from LTLS, any refund request / complaint is between you and the Learner.
7.5 The fees and commissions of LTLS are payable to LTLS on demand. The applicable fees and rates of commission and the way that they are calculated appears in the Learning Centre. We willdeduct fees and commission from sums paid by Learnersfor Courses and/or Live Events and the Educator irrevocably authorises us to do so during the term of this agreement.
7.6 The fees of LTLS includes the services of hosting Courses and/or Live Events, arranging and receiving payments from Learners and distributing payments to Educators and include any charges for payment services of our payment provider, which LTLS incurs for receiving payments from Learners.
7.7 You are able to track fees and commissions accrued and paid in the dashboard of the Learning Centre.
7.8 In respect of prices charged for Courses and/or Live Events:
a. the Educatormay not increase any delivery charges which apply to a Course and/or Live Event to in turn reduce the price of a Course and/or Live Eventin order to reduce our commission;
b. a proportion of each sale receipt will be retained by LTLS as set out on the Learning Centre on credit for commissions and fees; and
c. LTLSdoes not deduct card fees and/or expenses incurred by payment providers before calculating VAT for a sale.
7.9 We will pay you your entitlements to sums received for Courses and/or Live Events as described in your Educator Dashboard within 30 days of funds being cleared to LTLS subject to these terms.
7.10 We transfer money to UK bank accounts without charge.You are able to provide those details in the dashboard of the Learning Centre. If you do not have a bank account in the UK, we will transfer money in any sum due to you at your request and at your cost, to the bank account details you provide within the Learning Centre and you will incur the fees for the transfer which we are charged by our payment processorhttps://wise.com.
7.11 We issue invoices for fees and commissions and are available from the Educator dashboard in the Learning Centre.
7.12 We may earn interest on cash balance in our control during the period that we hold it prior to transfers to Educators. We may retain interest accrued and do not account for it to you.
7.13 Chargebacks to the bank account of LTLS take place when Course and/or Live Event fees are refunded to Learners. LTLS deducts chargebackswith the fees paid to payment providers of LTLS and transfer sums due to you (if any).
7.14 When a Course and/or Live Eventis refundedto a Learner, we are not required to repay commission for the refund.
7.15 If a Course and/or Live Event attracts a significant number of chargebacks and/or Learner disputes arise in respect of a Courseand/or Live Event, or if LTLS believesthe Educator is in breach of these terms, LTLS may withhold payments to the Educator until any disputes have been fully and finally settled, breachesof contract are cured, less any damages we may have suffered caused by the breach.
8 Taxes and Taxation
8.1 Fees and commissions specified in the Learning Centre are inclusive of VAT, any other sales or similar tax which may apply in any country in which a Course and/or Live Event is sold.
8.2 If the Educator is located in the UK:
a. we display the amount of LTLS commission and card payment charges and in links from dashboard of the Learning Centre in addition to the amount of commission due to us and an average of applicable taxes based on an average global VAT rate. This average overall global VAT rate is displayed within the ‘Course Price Estimation Tool’ and is for ESTIMATION PURPOSES ONLY. You are solely responsible for keeping appropriate tax and VAT records, for registering with, filing and paying the appropriate taxes and VAT in the appropriate jurisdictions and
b. when you provide us with a valid UK VAT registration number, we will not charge or deduct VAT from sums due to you.
c. LTLS are responsible for our own VAT on LTLS commissions received and not any Educator earnings from the Learning Centre.
8.3 If an Educator is based in the European Union or EEA the educatormay have to account for sales taxes on the digital services in the Educator’s member state of the European Union, using the MOSS/OSS, and thereby report earning information in the member state which the Educator is based and paying said member state the correct taxes.
8.4 The Educator authorises LTLS to deduct and withhold all compensation payable to the Educator in these termsand all deductions required by any present or future law of the country where Educator is based, performs services or the country of residence of the Educator. If LTLS does not make any withholding or deduction, the Educator shall pay all taxes, including withholding tax if applicable, and other charges payable on account of the compensation.
8.5 Also, sales taxes may apply to Learners situated in other countries and at different rates apply. All sums payable to the Educator under these termsshall be paid less deductions in respect of items such as income, corporation, or other taxes, charges and/or duties and LTLS will withhold such tax from sums payable to the Educators unless LTLS is satisfied that it is lawfully entitled to do otherwise. Payment processor charges which are incurred on purchases are payable by the Educator, whether or not the charges for the Course and/or Live Event are refunded.
8.6 LTLS does not deduct card fees or payment processing from the fees and charges for Courses and/or Live Events before calculating the amount of VAT which applies to a sale.
8.7 The Educator acknowledges and agrees that you remain responsible for yourown tax affairs, to comply with all relevant tax rules in all jurisdictions and pay taxes which you areliable to pay. LTLS does not provide advice in respect of the tax affairs and liabilities of Educators. The Educator must seek independent professional advice in cases of doubt.
8.8 Please check your statements carefully to ensure that they are as you expect them to be and should be. LTLS calculates taxes to the best of its information and belief in respect of the laws which apply from country to country. If you identify anything that you believe is a discrepancy, please inform us at info@labtots.comstating ‘Tax Query’ in the subject header.
8.9 We request information and documentation from Educators and Learners to evidence the status of Learners and Educators for tax purposes so that we may collect the correct sums from Learners and pay Educators the sums which they are entitled to be paid. The information includes:
a. evidence of the ’geographical location of Educators and Learners and country of residence;
b. the business status of Learners and Educators, including where appropriate, the country of incorporation, company number and registered address.
8.10 Where you are not satisfied with your tax status or not confident that the information we have is correct, and/or the Educator declines to support statements with evidence, we will charge tax on all of the transactions for your Courses and/or Live Events or other appropriate charge and withhold such sums until the situation is resolved.
8.11 For the avoidance of doubt, LTLS has the right to request additional information and documentation about Educators so far as it may affect assessment, calculation and/or payment of taxes at any time from the Educator and government authorities.
8.12 Accordingly, the Educator is responsible for all taxes arising from the provision of its Courses and/or Live Events and/or related services, based upon the gross value of those Courses and/or Live Events or services, including VAT and/or other sales taxes and tariffs which might apply, income and corporate taxes.
8.13 Educators are able toissue VAT invoices to Learners which are VAT registered. There is however no obligation to issue VAT invoices to non-business or non-VAT registered customers.
9 Warranties
9.1 The Educatorwarrants that it owns or is duly licensed to authorise LTLS to use the Courseand/or Live Event in the manner contemplated by these terms, and thereby grants LTLS permission:
a. to place the Courses and/or Live Eventsand all constituent materials on the Learning Centre for sale;
b. to receive the proceeds of sales as sales may arise; and
c. the right to use all Intellectual Property Rights vesting in the Courseand/or Live Event in the Learning Centre.
9.2 The grounds upon which LTLS may restrict, suspend and/or terminate this Agreement involvement on the Learning Centre include those set out in our Acceptable Behaviour Policy.
9.3 We may suspend or terminate your account at any time and without liability for any reason including:
a. any identification or financial information that you provide to us is not true or we cannot verify or authenticate any such information;
b. you are in breach of any of the Terms; and/or
c. we receive complaints or disputes are raised in relation to your activities on the Learning Centre or otherwise.
9.4 Following termination by us of your account you must cease to use the Learning Centre and you must not re-register on the Learning Centre under any other name.
9.5 You may contact us at any time at info@labtots.comto terminate your account. If you then wish to re-register with another business, you may do so subject to our approval in accordance with these Terms.
9.6 LTLS mayprovide the Educator, prior to or at the time ofthe restriction or suspension taking effect with a statement of reasons for that decision in writing. If the Educator wishes to complain in respect of the restriction or suspension, the Educator must initiate the procedure set out in our Complaints Policy.
9.7 Should LTLS decide to terminate the provision of the whole of the Services to the Educator, LTLS shall provide at least 30 days’ notice in writing prior to the termination taking effect, with a statement of reasons for that decision, other than where we have lawful excuse not to do so.
9.8 Where a restriction, suspension or termination is revoked by LTLS, LTLS will reinstate Courses and/or Live Events and providethe Educator with access to personal or other data, or both, that resulted from its use of the Services prior to the restriction, suspension or termination having taken effect.
9.9 We may change our Acceptable Behaviour Policy on 30 days in writing to you.
10 Using the Learning Centre
10.1 When you use the Learning Centre the following is strictly prohibited:
a. generating or facilitating unsolicited electronic communication (spam) via e-mail, text messages, pages, instant messages, voice mail, or any other forms of electronic communication;
b. sending inappropriate communications, including, but not limited to communications that:
i. promote, facilitate, or encourage illegal activity;
ii. violate the rights (such as rights of privacy or publicity) of others;
iii. contains any objectionable material such as defamatory, libellous, harassing, abusive, fraudulent, infringing, obscene, excessively profane, hateful or violent material; and/or
iv. transmit material which may be upsetting or harmful to minors.
c. forginga user identity on any electronic communication to mislead the recipient about the sender;
d. causing a security breach to any network resources;
e. causing a disruption of service to any network resources;
f. violating any third party’s Intellectual Property Rights;
g. exporting or importing software, technical information, encryption software, or technology in violation of international or regional export control laws;and/or
h. intentionally introducing malicious code, including viruses, worms, trojan horses, e-mail bombs, spyware, adware, and keyloggers; and/or
i. port scanning or security scanning on a production network unless authorised in advance by us.
10.2 You shall defend and indemnify us and keep us indemnified and held harmless from and against any costs, claims, losses, damages, expenses and liabilities that we may suffer or incur arising as a result of any claim received by us in relation to your acts or omissions, including your breach of these Terms, negligence and/or wilful or reckless default.
10.3 This indemnity will survive termination of your account on the Learning Centre.
11 Use of the Learning Centre
11.1 Being an online marketplace, Learners will search for Courses and/or Live Events which meet their needs. The search criteria include alphabetical ordering,application of search filters which can be applied to search forcategories, price, age and ability level. Categories are made available for selection when creating your post. These categories are linked to the search criteria. Multiple categories may be selected for one posting.
11.2 We do not differentiate treatment of different educators in search results for any Coursesand/or Live Events, goods or services. LTLS does not apply restrictions to offersof Courses and/or Live Events available to consumers under different conditions or criterion. Consumers will have the ability to select the service appropriate for them.
11.3 We operateaComplaints Policy and handling system, which is accessible from the Learning Centre. We do so to promote transparency, equal treatment and to treat complaints in a manner which is proportionate to their importance and complexity. We may change our Complaints Policy and handling system on 30 days’ notice in writing.
11.4 Should a mediator be required to be appointed, we are amenable to an appointment nominated by the President of the Law Society of England and Wales OR Instituteof Arbitrators OR other responsible organisation, provided that the President is informed of the nature, extent and value of the dispute prior to being asked to nominate a suitable mediator.
12 Intellectual Property Rights
12.1 These terms do not transfer any Intellectual Property Rights between the parties.
12.2 LTLS and its third-party licensors retain all Intellectual Property Rights in the Learning Centre.
12.3 The Educator owns or is duly licensed to use all Intellectual Property Rights for the purposes of publishing Coursesand/or Live Eventson the Learning Centre, licensing use of them to Learners and to provide any services associated with its Coursesand/or Live Events.
12.4 The Educator will not remove, alter, or obfuscate any copyright notices or trade mark noticeson any materials published on the Learning Centre in any media.
12.5 The Educator is not permitted to use the trademarks and trade names of LTLS other than on the Learning Centre without our written permission, which include those displayed at www.labtots.com.
12.6 The Educatorgrants us an irrevocable licence to use Courses and/or Live Events for the purpose of promoting and delivering Coursesand/or Live Events in accordance with these terms.
12.7 Neither of us may make any defamatory or derogatory statements or take part in any activities which are or might be derogatory or detrimental to the name, image or reputation of the other party.
13 Breach and Termination
13.1 When we consider that a breach of these terms has occurred, we may take such action as we consider appropriate, which may include:
a. immediate, temporary or permanent withdrawal of your right to use the Learning Platform and/or publish any Courseand/or Live Event;
b. immediate, temporary or permanent removal of any Contribution uploaded to the Learning Centre;
c. issue of a warning to you;
d. legal proceedings against you for reimbursement of all costs and expenses on an indemnity basis (including legal costs) incurred which are connected with the breach; and/or
e. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law,
and we reserve our right to take such further steps as we consider appropriate to attend to a breach of these terms.
13.2 We exclude our liability for all action we may take in response to breaches of these terms.
13.3 Either party may terminate these terms with immediate effect by giving written notice to the other party if:
a. the other party commits a material breach of any term of these terms and (if such breach is remediable) fails to remedy that breach within a period of 28 days after being notified in writing to do so;
b. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (“IA 1986”);
c. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company, limited liability partnership or partnership);
d. a person becomes entitled to appoint a receiver over all or any of the assets of the other party or a receiver is appointed over all or any of the assets of the other party;
e. any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in subclauses (b) to (d) above;
f. the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or
g. the other party’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of this agreement is in jeopardy.
13.4 Either party may terminate these terms for convenience by giving written notice to the other party at least 1months’ notice.
13.5 Upon termination or expiration of these terms:
a. both parties must immediately return or deliver to the other all documents and other materials in its possession or under its control which contain confidential information of the other or, at the direction of the other party, destroy such documents or other material and certify that the destruction has taken place; and
b. LTLS shall, at the election of the Educator, delete or return to the Educator all Courses and/or Live Events and cease sale of Coursesand/or Live Events.
13.6 Termination of these terms does not affect any accrued rights or liabilities that either party may have by the time termination takes effect.
14 Indemnity
14.1 You agree to indemnify, defend, and hold us harmless from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable legal fees and costs, made by any third party related to: (a) your use or attempted use of the Learning Centre is in breach of these terms; (b) your breach of any law or rights of any third party; or (c) a Contribution, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
15 Limitation of Liability
15.1 Nothing in these terms exclude or limit either party's liability:
a. for fraud or fraudulent misrepresentation;
b. for death or personal injury caused by its negligence;
c. under clauses7 or 8;
d. for wilful breach of these terms; or
e. for any other liability that cannot be excluded or limited by law.
15.2 Each party’s maximum aggregate liability to the other party under or in connection with these terms or any collateral contract, whether arising under statute or arising in or for breach of contract, tort (including negligence), breach of statutory duty, or otherwise, shall in all circumstances be limited to the amount which the Educator is entitled to be paid by LTLS.
15.3 Subject to clause 15.1, neither party shall be liable to the other party under or in connection with these terms, or any collateral contract, whether arising under statute or out of breach of contract, tort (including negligence), breach of statutory duty, or otherwise, for:
a. any loss of profits
b. loss of business;
c. loss of goodwill or reputation;
d. loss of, damage to and/or corruption of data; or
e. any special, indirect or consequential losses.
16 Data Protection
16.1 Personal data in respect of Educators is processed in accordance with our Privacy Policy.
16.2 The parties shall process personal data in respect of Learners and others that the Educator may interact with in accordance with the Data Processing Addendum.
17 General
17.1 LTLS does not warrant the Learning Centre will be continuous, uninterrupted and/or available at any time which you may wish to access it.
17.2 LTLS shall not be liable for any failure or delay in its performance of these terms which is caused by circumstances beyond its reasonable control.
17.3 If any part of a term in these terms is held to be void, invalid or unenforceable, then it shall be struck out of these terms. and such deletion shall not affect any other terms of these terms.
17.4 Other than where stated herein, these terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
17.5 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation, or negligent misstatement based on any statement in these terms.
17.6 No forbearance, delay or indulgence by either party in enforcing the provisions of these terms shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
17.7 Any notice required to be given under these terms shall be in writing and shall be delivered by hand or sent by pre-paid first-class post, registered post or courier to the other party at its address set out in this Agreement, its then registered address, and/or such other address as may have been notified by that party for such purposes. Notices may be sent by LTLS by email.
17.8 Notices delivered by hand shall be deemed to have been received when delivered, and if delivery is not within business hours in England, at commencement of the next business day. A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. Notices sent by email shall be deemed to be received when they are sent. Business days means days which do not fall on weekends or public holidays in England. LTLS may give notices by posting notices on the Learning Centre
17.9 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
17.10 These terms are governed by the law of England and Wales, and the parties agree to the exclusive jurisdiction of English Courts to resolve any disputes arising from or connected with these Terms, including non-contractual claims in each case.
18 Definitions
18.1 In this Agreement the following terms take the following meaning, unless the context otherwise requires:
Courses the materials and courses you as an Educator make available on the Learning Centre for Learners, including all Intellectual Property Rights vesting in them
Live Events any Live Event provided by an Educator and listed on the Learning Centrefor Learners,including both online in person events and offline in person events and all Intellectual Property Rights vesting in them
Educator a person which has uploaded a Course and/or a Live Event on the Learning Centreavailable for sale or free of charge
Intellectual Property Rights copyright and related rights, trademarks, trade names and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, performer’s rights, rights in computer software, database rights, rights in confidential information and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, these rights, and all similar or equivalent rights or forms of protection in any part of the world
Learning Centre the secured and password protected parts of the website controlled by LTLS at www.labtots.com.All web pages are controlled by LTLS and includes a learning management system and live event booking system
the Services the servicesLTLS supplies to LTLS through the Learning Centre to enable the Educator to sell and deliver Coursesand/or Live Events
18.2 In this Agreement:
a. references to persons includes a reference to individuals, sole traders, companies, partnerships and unincorporated associations;
b. words in the singular shall include the plural and vice versa;
c. where the words include, or including are used in this Agreement, the words following them shall be construed so as to be read without limitation;
d. references to purchase, sale, sold and similar terms are references to granting licences and/or making available for streaming, rather than transfer of ownership;
e. reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended extended or re-enacted; and
f. any obligation in this Agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce to that thing being done.
18.3 If there is a conflict or inconsistency between these terms and any document or webpage referred to in it, the terms of these terms shall prevail to the extent of the conflict or inconsistency.
19 The Educator and Learner relationship
19.1 Your Educators Terms shall apply to all of your Courses and/or Live Events, and accordingly you warrant and represent to us that you will provide the Course and/or Live Events in accordance with your Educators Terms.
19.2 Notwithstanding any provision of your Educators Terms (and/or if you do not have any Educators Terms), you agree to:
a. provide the Courses and/or Live Events with reasonable skill and care and in accordance with the description made available on the Learning Centre
b. provide the Courses and/or Live Events in accordance with all applicable laws and regulations, including all health and safety laws, the Equality Act 2010 and child safety laws;
c. ensure that all individuals providing the Courses and/or Live Events have a current DBS check in place for UK Courses and/or Live Events if required and comply with all laws, regulations and guidelines relating to the provision of online and in person classes to young children, including guidelines issued by the National Society for the Protection of Cruelty to Children and Child Exploitation and Online Protection; and
d. ensure that your Educators Terms comply with all applicable laws and regulations, including consumer law.
19.3 You shall treat all personal data and other information relating to a Learner and their child(ren) as confidential and shall comply with all applicable data processing laws and regulations. In particular, you shall:
a. keep all such information secure, and not share the data with any third party, or use such data for any purpose except to provide the Courses and/or Live Events or otherwise in accordance with applicable laws;
b. take appropriate security measures (including physical, electronic and procedural measures) to help safeguard such personal data from unauthorised access, loss and disclosure;
c. ensure that individuals processing such personal data are subject to a duty of confidence in relation to such personal data; and
d. assist us in providing subject access and allowing data subjects to exercise their rights under applicable laws and assist us in meeting our legal obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments.
19.4 Disclaimer – Your attention is particularly drawn to this Condition
19.5 You acknowledge and agree that the Learning Centre is provided for information purposes only. We make no warranties or representations about the completeness, accuracy or reliability of the information uploaded to the Learning Centre by our users.
19.6 We do not warrant or represent that we propose any particular Learner to you or provide any additional information or promises about a Learner and/or their child(ren), including their behaviour and suitability for a Courses and/or Live Event.
19.7 We are not responsible for any act or omission of a Learner including the obligation to pay any sums due and/or the acts or omissions of their child(ren), including any damage caused to property.
19.8 You must ensure you have appropriate insurances and policies in place when undertakingLive Events.
19.9 Subject to Condition 19.7, we shall in no circumstances be liable to an Educator in contract, tort (including negligence) or otherwise for any:
a. loss of profit, anticipated profits or business;
b. loss of data and content;
c. loss of opportunity;
d. loss of revenue or wasted expenditure;
e. loss of goodwill or reputation; and/or
f. consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).
19.10 The provisions of this Condition 19.4 are separate exclusions of our liability.
19.11 Subject to Condition 19.7, our maximum liability to you whether in contract, wrongdoing or otherwise shall in no circumstances exceed the lesser of the commission we receive in respect of the Courses and/or Live Events booked with you on the Site in the 3 months’ preceding the date of the claim and £100.
19.12 In any event, our liability shall be limited to foreseeable damages arising as a direct result of our breach of the Terms and/or our negligence. Foreseeable means that the losses could have been reasonably contemplated by you and us at the time of entering into the Terms.
19.13 Nothing in the Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.
19.14 The Learning Centre and any correspondence we may send to you may include third party advertisements, which may be targeted towards you. We do not endorse or recommend any product or service offered for sale by any advertiser within the advertisements on the Site and any correspondence and we are not responsible for the content of any third-party advertisement.
20 Indemnity
20.1 You shall defend and indemnify us and keep us indemnified and held harmless from and against any costs, claims, losses, damages, expenses and liabilities that we may suffer or incur arising as a result of any claim received by us in relation to your acts or omissions, including your breach of these Terms, negligence and/or wilful or reckless default.
20.2 This indemnity will survive termination of your account on the Learning Centre.
Data Processing Addendum
1.1 For the purposes of this agreement, the following defined terms shall also apply:
Agreement this Data Processing Agreement including the Schedule
Applicable Data Protection
Laws (a)to the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data; and
(b) to the extent the EU GDPR applies, the law of the European Union or relevant Member State which relates to the protection of personal data
Applicable Laws (a) to the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom; and
(b) to the extent EU GDPR applies, the law of the European Union or any Member State to which LTLS is subject
Controller Personal Data personal data controlled by LTLS, specified in the Schedule
Coversheet the first page of this Data Processing Addendum
Educator Terms and Conditions the terms of contract between the Educator and LTLS
EEA European Economic Area
EU GDPR the General Data Protection Regulation ((EU) 2016/679)
IDTA the International Data Transfer Agreement, version A1.0 in force on 21 March 2022 or subsequent edition issued by the Information Commissioner
Information Commissioner the Information Commissioner of the United Kingdom
Member State a member state of the European Union
Personnel (1) employees, consultants and/or agents of the named person, and recursively, (2) Personnel of each the said consultants.
Post-Termination Processing
Period 14 days from the end of any services
SCCs the Standard Contractual Clauses, approved by Commission Implementing Decision (EU) 2021/914 of 4 June 2021, and any replacement or successor clauses approved by the EU Commission or other competent body
Schedule the Data Processing Schedule
UK GDPR has the meaning given to it in section 3(10) of the Data Protection Act 2018
1.2 Terms used in this Data Processing Addendum which are not defined herein take their meaning from the Educator Terms and Conditions.
1.3 For the purposes of this Agreement, the termscontroller, processor, data subject, personal data, personal data breach, specialcategories of personal dataand processing have the meanings given to them in the UK GDPR or EU GDPR, as the case may be.
1.4 In this Agreement:
a. reference to a clause is to a clause of this Agreement and references to a paragraph is a reference to a paragraph of the Schedule;
b. unless the context otherwise requires, references to the plural shall be read as references to the singular, and references to the singular shall be read as references to the plural;
c. references to an Act of Parliament, Regulation, statutory provision or statutory instrument include a reference to that Act of Parliament, statutory provision or statutory instrument as amended, extended or re‐enacted from time to time and to any regulations made under it.
2 Term and Effect
2.1 This Agreement shall remain in force until the Educator no longer processes personal data in the capacity of processor of LTLS (“the Term”).
2.2 This Agreement is in addition to, and does not relieve, remove or replace a party's obligations under the Applicable Data Protection Laws.
2.3 LTLS is the controller and the Educator is the processor of Controller Personal Data.
2.4 Each party shall comply with all applicable requirements of Applicable Data Protection Laws.
2.5 For the purposes of Applicable Data Protection Laws, and subject to further agreement in writing, the Educator may process the personal data referred to or set out in the Schedule, as a processor of LTLS using the Learning Centre and as part of performing Courses.
3 Data Processing
3.1 The Educator may process Controller Personal Data during the term of the Educator Terms and Conditions.
3.2 The Schedule sets out the scope, nature and purpose of processing by the Educator, the duration of the processing and the types of personal data, categories of data subject and the technical and organisational measures used by the Educator to protect personal data.
3.3 The parties warrant that the Schedule sets out and/or refers to all Controller Personal Data which may be processed by the Educator.
3.4 Save as to further agreement made in writing:
a. the Educator and Educator Personnel shall not process Controller Personal Data other than that referred to or set out in the Schedule; and
b. the Educator shall process Controller Personal Data in accordance with this Agreement on behalf of LTLS and not further or otherwise.
4 LTLS
4.1 LTLS retains control of the personal data and remains responsible for its compliance obligations under the Applicable Data Protection Laws, including but not limited to providing any required notices, obtaining any required consents, conducting data processing impact assessments, ensuring a lawful basis to process Controller Personal Data and that referred to in the Schedule and the instructions it issues to the Educator to process Controller Personal Data on its behalf.
4.2 Without prejudice to the generality of clause 4.1, LTLS will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of Controller Personal Data to the Educator, and lawfully transfer the same to the Educator for the term of this Agreement.
4.3 LTLS consents to (and shall procure all required consents, from its Personnel in respect of) all actions taken by the Educator in connection with the processing of Controller Personal Data provided these are in within the scope of the Schedule.
4.4 The Educator shall obtain consent of LTLS before appointing processors to process Controller Personal Data, and:
a. shall ensure that the terms on which it appoints such processors comply with Applicable Data Protection Laws, and are consistent with the obligations imposed upon the Educator by this Agreement;
b. shall remain responsible for the acts and omission of any such processor as if they were the acts and omissions of the Educator; and
c. shall inform LTLS of any intended changes concerning the addition or replacement of the processors, thereby giving LTLS the opportunity to object to such changes.
5 International Transfers
5.1 The Educator shall not cause transfers of personal data out of the UK or the EEA, save as to when:
a. it has a valid, demonstrable lawful basis for doing so under Applicable Data Protection Laws, recorded in writing in advance of the transfer;
b. the Educator has satisfied itself that it provides:
i. appropriate safeguards in relation to the transfer; and
ii. an adequate level of protection in respect of any personal data to be transferred;
c. the Educator and LTLS agree to the terms of any applicable cross-border transfer mechanism under Applicable Data Protection Laws, such that the Educator (and, where appropriate, LTLS) can ensure that appropriate safeguards are in place to ensure an adequate level of protection with respect to the privacy rights of individuals as required by Article 46 of the UK GDPR or EU GDPR (as the case may be); and
d. relevant data subjects have enforceable rights and effective legal remedies in the place of transfer, or an exemption or exception applies in the circumstances of the intended transfer.
5.2 For the purposes of this clause:
a. where Article 45(1) of the UK GDPR does not apply and a transfer to a third country or international organisation would be prohibited by the UK GDPR, the Educator and Controller hereby agree that the IDTA shall apply to such transfers;
b. where Article 45(1) of the EU GDPR does not apply and a transfer to a third country or international organisation would be prohibited by the EU GDPR, the Educator and LTLS hereby agree that the SCCs shall apply to such transfers; and
c. in respect of privacy laws which apply in any other country or region other than the Applicable Laws, LTLS shall notify the Educator of such requirements and the parties shall enter into the formalities reasonably required to comply with data protection and privacy laws which apply in such countries.
6 Educator Warranties
6.1 The Educator shall in relation to Controller Personal Data:
a. process Controller Personal Data only on the documented instructions of LTLS, which shall be those set out in the Schedule, unless the Educator is required by Applicable Laws to otherwise process Controller Personal Data;
b. where the Educator relies on Applicable Laws as the basis for processing Controller Personal Data, the Educator shall notify LTLS of the same before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Educator from so notifying LTLS on important grounds of public interest;
c. the Educator shall inform LTLSif, in the opinion of the Educator, the instructions of LTLS infringe Applicable Data Protection Laws;
d. implement the technical and organisational measures set out in the Schedule to protect against unauthorised or unlawful processing of Controller Personal Data and against accidental loss or destruction of or damage to Controller Personal Data, which LTLS has reviewed and confirms are appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
e. ensure that Personnel engaged and authorised by the Educator to process Controller Personal Data have committed themselves to enforceable obligations of confidentiality in writing, or are under an appropriate statutory or common law obligation of confidentiality;
f. assist LTLS insofar as this is possible (taking into account the nature of the processing and the information available to the Educator), and at LTLS’s written request, in responding to any request from a data subject and in ensuring LTLS's compliance with its obligations under Applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
g. notify LTLS without undue delay on becoming aware of a personal data breach involving Controller Personal Data;
h. at the written direction of LTLS, delete or return Controller Personal Data and copies thereof to LTLS on termination of any services unless the Educator is required by Applicable Law to continue to process that Controller Personal Data. For the purposes of this subclause 6.1(h), Controller Personal Data shall be considered deleted where it is put beyond further use by the Educator; and
i. allow for reasonable audits by LTLS or LTLS's designated auditor, for this purpose, on reasonable written notice and during business hours in England.
6.2 The Educator shall maintain complete and accurate records and information to demonstrate its compliance with clause 6.1.
7 Cooperation
7.1 Each of the parties shall notify the other should the Schedule not set out the matters, information and permissions required for lawful processing of Controller Personal Data by the Educator, including the scope, purposes of processing, types of data subjects, categories of personal data, categories of recipients of personal data, technical and organisational measures and/or in respect of transfers not within the meaning of Article 45(1) of the UK GDPR or EU GDPR, as the case may be.
7.2 The parties may agree at any time on not less than 7 days' notice to:
a. revise the terms applicable to processing set out in by replacing the Schedule (in whole or part);
b. revise the IDTA and/or SCCs with any applicable standard clauses approved by the Information Commissioner or EU Commission in accordance with Article 46(2)(d) of the UK GDPR or EU GDPR (as appropriate), and
and such terms shall be referred to as “Amended Terms”.
8 Duration of Processing; Retention: Post Termination
8.1 Within 14 days of termination of any services, LTLS shall notify the Educator in writing at the last known email address of the Educator whether LTLS requires the Educator to delete or transfer personal data in its possession or control to LTLS.
8.2 Should such notification not be received by the Educator within the Post-Termination Processing Period from termination, the Educator shall within a further 14 days:
a. prepare a record comprising Controller Personal Data as may remain in its possession or control (“the Data”); and
b. make the Data securely available and/or securely deliver a copy of the Data to LTLS by any means reasonable in the circumstances.
9 Governing Law and Jurisdiction
9.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
9.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
Data Protection Schedule
1.1 The Educator has contracted with LTLSfor the purposes of supply of Courses owned or licensed by the Educator to Learners, using the Learning Centre.
1.2 For those purposes LTLS provides access to the administrative and public areas of the Learning Centre to the Educator to:
a. identify Learners;
b. conduct its Courses and/or Live Events to Learners;
c. interact with Learners;
d. access information and documents relevant to its accounts, booking and other statutory requirements.
2 Categories of Personal Data
|
Contact Details |
Name, email address(es), address(es), telephone number(s), fax numbers, instant messaging address(es), social media identifiers, nationality, photographs, marital status, emergency contact details, next of kin |
|
Vocational Details |
Employer, location(s) of workplace, contact address(es) for work purposes, date of birth, passport number, country of birth, nationality, professional qualifications, job role / position / title / rank, job description, photographs |
|
General Professional Details |
professional qualifications; job role / position / title; job description; photographs; current and historical employment and consultancies; duration of appointments |
|
Academic Details |
Educational institutions and places of learning attended; courses attended, completed; academic and levels of achievement obtained |
|
Course Activity Data |
Courses and activities selected; activity in courses; tasks performed during and/or related to courses; course creators and tutors; marks and rankings; issues attended to; issues resolved; electronic devices used, live events viewed, booked, attended, missed and cancelled; date, time and duration of live events; |
|
Dietary Information |
Known Allergies and any medications taken; safety data |
|
Medical Information |
Known diagnosis and any medications taken
|
|
User Account Data |
login name, password recovery questions, password recovery answers, aliases, user preferences while using our services; languages spoken and/or written |
|
System Usage Data |
Type of device (handheld, desktop) used to access online services; pages visited including time and date of access, web browser signature, referrer URLs; data displayed or clicked, user interface elements interacted with; search terms used; offers made to you; actions taken; storage usage |
|
Messaging Data |
Types of messages sent: alert, forgotten password messages, time and date of messages, message sender addresses, message recipient addresses, subject of message; content of messages |
|
Location Data |
Approximate geographical location of data subjects; physical location of data subjects; expected dates and times at physical locations |
|
Transaction Data |
Items purchased, amounts paid; items returned and/or refunded; amounts of refunds |
Items purchased, amounts paid; items returned and/or refunded; amounts of refunds
3 Categories of Data Subject
3.1 Learner Profiles
a. Personal contact details are collected upon account registration:
i. Name, DoB, email address, postal address, telephone number, country of residence, In Case of Emergency (ICE) Contact Details
b. Payment details are requested but are not mandatory. This data is requested for the easy processing of potential refunds.
i. Bank name, name on account, account number, sort code, IBAN, SWIFT, BIC, IFSC
c. Health Data is captured in relation to Live Events. This information is requested but is voluntarily disclosed by the Learner at the point of booking on to a Live Event
i. ‘Yes / No’ to Medical Conditions / medications / Allergies
ii. If “yes” is selected, a free text field pops up and asks“Add any Medical Conditions / Medications / Allergies or anything we should know to ensure the safe running of live sessions”. The Learner has the option to populate this accordingly. This information is then fed through into a Live Event Class Register report that the Educator has access to.
3.2 Educator Profiles
a. Personal contact details are collected upon account registration:
i. Name, DoB, email address, postal address, telephone number, country of residence
ii. About Me / Biography for publishing alongside Course and or Live Event content
iii. Company info: name, logo, trading entity, role within company, website, company phone number, social media links
b. Payment details. This data is requested for the easy processing of payment.
i. Bank name, name on account, account number, Trading Country, VAT registration status, VAT registration Number, sort code, IBAN, SWIFT, BIC, IFSC
4 Recipients
| Ref | Recipients |
|---|---|
| 1 | LTLS |
| 2 | Legal Professionals |
| 3 | Financial Authorities / Accountants / Tax Specialists |
| 4 | Marketing affiliates |
5 Subprocessors:
There are currently no subprocessors
| # | Subprocessor | Subprocessor Details | Nature and purposes of Processing | Location |
|---|---|---|---|---|
| N/A | N/A | N/A | N/A |
6 Duration of Processing; Retention of Personal Data
6.1 As set out at clause 8.
7 Corrections of Personal Data
7.1 Corrections to Controller Personal Data shall be made by LTLSas part of the Learning Centre.
| Ref | Category of Personal Data | Party Responsible |
|
1 |
All categories |
The Controller |
8 Technical and Organisational Measures
8.1 Please refer to LTLS Privacy Policy.