Terms of use LAST UPDATED: December 23rd, 2022 This Privacy Policy is effective upon acceptance for new users, and from December 23rd 2022 for existing users. Launched 25th May 2018 there is a series of new regulations to clarify and strengthen privacy (how the information used by the system is managed). The regulations clarify who has responsibility for personal data and how it is managed; There are three groups of people associated with using this platform; The Account Holder - you are the Account Holder. The Data Controller (1) - you are also the Data Controller with respect to the data you add for people you want to include in the process of 360 feedback. The Data Controller (2) - we are also Data Controllers - but - limited to the information you add to manage your account as the Account Holder on the platform. The Data Processors - we are the Data Processors for the information you add to the system. Primary responsibilities: As the Account Holder - you are responsible for the correct operation of the system for the use that it was intended (see Terms of Use). As the Data Controller (1) - you are responsible to ensure consent has been by each person you add to the system. You are also responsible to ensure that any data is managed in line with the GDPR regulations. As the Data Processers - we are contracted to ensure that the data you (as the controller) add to the system is managed and protected in line with the GDPR regulations. As Data Controllers(2) - we have the same responsibilities as you, to ensure that any data we manage about you the account holder is maintained in line with the GDPR regulations. When you use the system, you agree that you use it for the designed intentions only and at your own discretion and at your own risk. Whilst we take appropriate precautions to prevent data loss and system integrity, we will not be held responsible for any damage to or loss of data on your computer system or for the results of the data and information collected by account holders as part of the process. Under no circumstances will icskills.com limited or its engaged employees be liable to any user of the system on account of the user's use or miss-use of the system or reliance on the system to maintain data. Icskills.com or its employees will under no circumstances be held responsible or liable to damage or data loss of any third-party computer or computer system where the damage or data loss has been caused by a user or user's computer or computer system during any time that they are registered as account holders on the icskills360.com system. Without limiting the foregoing, under no circumstances shall Icskills.com limited be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Icskills.com limited retains its right to at any time and without warning remove the complete account of the account holder where the account holder is suspected of or deemed to be abusing the system or not using the system for the designed intentions. Icskills.com limited also retains its right to at any time and without warning remove the complete account where the account holder does not or cannot provide evidence on request that they comply with local compliance regulations covering Data Privacy including GDPR. Where this is the case Icskills.com limited will not be held liable or responsible for any loss of data incurred by the user or users. These Terms of Service constitute the entire agreement between the parties with respect to use of the icskills.com system and supersede all prior agreements, written or oral. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director of Icskills.com limited. Privacy and Data Control This Privacy Policy is effective upon acceptance for new users, and from December 23rd, 2022 for existing users. 1. Introduction This Privacy Policy applies to all the products, services, websites, and apps offered by icskills.com limited, and any sub-domains listed as part of the sites. Icskills.com limited recognises that privacy is very important and that the information you provide of a personal nature should not be used other than to aid with the provision of the services supplied. For this reason, Icskills.com limited as Data Controller for the account holders will never distribute or use any of your personal information. Icskills.com limited servers automatically log ip addresses and use cookies to enhance the functionality of the system. The information gathered by our servers will only ever be used to enhance the functionality of the system and the service we provide to you. We only use the personal information you provide during registration or logged by our servers during use or any subsequent information provided or obtained during use of the system as part of the service we are providing directly to you the account holder. Icskills.com limited as Data Processors will never distribute or use any of the information you add to the system other than to enable the operation of your account. Icskills.com limited servers automatically log ip addresses and use cookies to enhance the functionality of the system. The information gathered by our servers will only ever be used to enhance the functionality of the system and the service we provide to you. You the account holder as the Data Controller are responsible to ensure consent has been by each person you add to the system to provide feedback. You are also responsible to ensure that any data is managed in line with the GDPR regulations. We will endeavour on request in writing (privacy@icskills.com) to provide you with a full list of the type of and actual personal data we have gathered during your use of the system. All of the data added to your account, including your account holder details and any or all of the data you add to the system as part of the operation of the system can on request (delete@icskills.com) be deleted. References to 'data' in this Privacy Policy will refer to whatever data you use our services to collect, whether it be questionnaire responses, data collected in a form, or data inserted on a site hosted by us, you own all the data. All data that you add to the system as account holder makes you responsible for its control as Data Controller. For the data that is used as part of the service (excepting the data you add to create and manage your account), the data that is processed by us as Data Processors we accept responsibility to manage the data in line with regulatory controls including GDPR. The data that you add as part of creation of the account means information about you as the account holder personally that we collect or for which we act as Data Controller. 2. Information we collect: 2.1 Who are 'you'? We refer to 'you' a lot in this Privacy Policy. To better understand what information is most relevant to you, see the following useful definitions. Account Holders – When you create an account on icskills360.com you hold an account within an icskills.com limited service. 2.2 Information we collect about you the account holder. Usage information: We collect usage information about you whenever you interact with our websites and services. This includes which parts of the sites you visit, what you click on, when you perform those actions. Device and browser data.: We collect information from the device and application you use to access our services. Device data mainly means your IP address, operating system version, device type, system and performance information, and browser type. If you on a mobile device, we also collect the UUID for that device. Log Data: Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, device type and timestamps. If you are the Account Holder, we will also collect: Registration information: When you register for an account, we collect your first and last name, username, password, and email address. Billing information: If you make a payment to icskills.com limited, we require you to provide your billing details, a name, address, email address and financial information corresponding to your selected method of payment (e.g. pay pal). 3. How we use the information we collect: 3.1 Account Holder: We process personal data about you with your consent or to: Fulfil our contractual responsibility to deliver the services to you. As such when you create an account you have consented to us using certain types of cookies on our websites. 3.2 Contact Information: We use contact information to respond to your inquiries, send you information as part of the services, we do not use this information for any type of marketing. 3.3 Device data: We use device data both to troubleshoot problems with our service and to make improvements to it. We also infer your geographic location based on your IP address. More details: Device and browser data: We collect this to help us improve your service experience through a specific device/browser by optimizing how the website looks in a particular browser to ensure the service operates optimally and as it should on different devices and browsers. 3.4 Log data: We use log data for many different business purposes to include: To monitor abuse and troubleshoot. To create new services, features, content or make recommendations. To fix bugs and troubleshoot product functionality. 3.5 Legal uses: To respond to legal requests or prevent fraud, we may need to use and disclose information or data we hold about you. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond. As an account holder, we only use contact information to respond to an inquiry which you submit to us. 4. Cookies: We use certain cookies, as described here in our Privacy Policy, that you agree to when you use our sites and, in the case of some cookies, for legitimate interests of delivering and optimizing our services (where the cookie delivers essential functionality). Cookies are small bits of data we store on the device you use to access our services so we can recognize repeat users. Each cookie expires after a certain period, depending on what we use it for. We only use cookies as part of the essential functionality of the system. 5. Security: We have an IT security policy - a copy can be obtained on request to security@icskills.com 6. Data Retention: If you hold an account with icskills360.com we do not delete the data in your account unless requested - you are responsible for and control the time periods for which you retain this data. 7. Changes to our privacy policy: We can make changes to this Privacy Policy from time to time. We will identify the changes we have made on this page. In circumstances where a change will materially change the way in which we collect or use your personal information or data, we will send a notice of this change to all our account holders. 8. Who is my data controller? As mentioned above - all response data at an individual level is Data Controlled by the Account Holder - the account holder takes full responsibility to comply with the local regulations. icskills.com limited can be a data controller of data only when the data is specific to the account holder. 9. Your rights: Some of you (in particular, European users and those whose information we receive under the EU-U.S. Privacy Shield and EU GDPR) have certain legal rights to obtain information about whether we hold personal information, to access personal information we hold about them, and to obtain its correction, update, amendment, or deletion in appropriate circumstances. Some of these rights may be subject to some exceptions or limitations. We will respond to your request to exercise these rights within a reasonable time (and in all cases within 30 days of receiving a request). Rights which you are entitled to are: Data access rights: Right to restrict processing Right of Rectification Right to Erasure (Right to be Forgotten) Right to object to processing Right to withdraw consent; and Data portability rights Account Holder: Where you hold an account with any icskills.com service, you are entitled to a copy of all personal data which we hold in relation to you. You are also entitled to request that we restrict how we use your data or object to some aspect of our treatment of your data. You can view all your data in your own account when you log in. Complaints: If you are resident in the European Union and you are dissatisfied with how we have managed a complaint you have submitted to us, you are entitled to contact your local data protection supervisory authority. Fair Use Policy: We reserve the right to deactivate accounts that are deemed to be abusing the platform.