TRANSITION PEAK LIMITED

TERMS OF USE

Last updated 19 October 2018

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING TRANSITION PEAK

  1. INTRODUCTION

1.1. These terms of use (together with the other documents referred to in them, which are collectively referred to here as the Terms of Use) tell you the terms on which you may access the Transition Peak platform and associated services (together the Service, as further described in clause 4 below).

1.2. These Terms of Use also apply to the relationship between us and our Corporate Clients

(as defined in clause 2.4 below) when they set up an account with us.

1.3. We use the pronoun you to refer to all users of our platform, whether as Authorised

Users or Corporate Clients.

1.4. The Service is provided by Transition Peak Limited (Transition Peak, us or we). We are a limited company registered in England and Wales under company number 11414585 whose registered office is at Kemp House, 152-160 City Road, London EC1V 2NX.

1.5. These Terms of Use constitute a legal agreement between Transition Peak and you as an Authorised User (as defined in clause 2.1 below) of the Service or as a Corporate Client (as defined in clause 2.4 below). If you do not agree to abide by these terms of use, you may not access the Service.

  1. ACCESS TO THE SERVICE

2.1. Authorised Users: in order to access and use the Service and become an Authorised User, you must provide the relevant details requested during the log-in process and pay any applicable fees for access to the Service (the Service Fees).

2.2. Authorised Users must be individuals. You may become an Authorised User and access

the Service either:

2.2.1. as an individual subscriber, in which case you will need to pay the applicable

Service Fees for access to the Service in accordance with clause 5; or

2.2.2. as a employee or former employee of a Corporate Client (as defined in clause 2.4 below), in which case you will not need to pay any Service Fees as you will be provided with a voucher in respect of the Service Fees (a Voucher) by the Corporate Client.

2.3. You must first register as a user and set up a password in order to access the Service.

2.4. Corporate Clients: you may sign up as a corporation (a limited company, partnership or other incorporated entity) in order to purchase Vouchers in respect of your employees (or former employees) as Authorised Users (a Corporate Client). You may then distribute the Vouchers to your employees (or former employees) and they may redeem the Voucher against the Service Fees when they register as an Authorised User.

2.5. By signing up as a Corporate Client, you acknowledge that you are duly authorised by your corporation to bind it to these Terms of Use. Please note that signing up as a Corporate Client does not permit access to the Service unless we expressly authorise it. Only Authorised Users may access the Service.

2.6. The Service is intended for use by Authorised Users for private purposes only.

2.7. On payment of the applicable Service Fees, Authorised Users will (subject to earlier termination in accordance with these Terms of Use, in particular clause 13) have access to the Service for the subscription period of one (1) year from the date on which payment is made. In the case of a Corporate Client, Vouchers will allow Authorised Users to access the Service for a period of one (1) year from the date on which the Corporate Client made payment for the Voucher.

2.8. Once your subscription to the Service has ended under clause 2.7, you will cease to be an Authorised User.

2.9. Fake user profiles are not permitted.

2.10. The Service is intended for use globally. However, wherever you access and use the Service from, you agree that you will only use the Service in a manner consistent with these Terms of Use and any and all applicable local, national and international laws and regulations. To the extent that your use of the Service is not legal in your territory, you may not use it. The Service is not intended for use by people under the age of 18 or (if higher) the age of majority in the territory from which the Service is used.

2.11. You are responsible for making all arrangements necessary for you to have access to the

Service.

Right for some Authorised Users to change their mind

2.12. If you are an individual Authorised User under clause 2.2.1, under the Consumer Contracts Regulations 2013 you have the right to change your mind within 14 days for services purchased online and to receive a refund. Please see clause 13.1 below for instructions as to how to notify us that you wish to change your mind. However, please note that once you have accessed the Service for the first time, the content (including the Modules) are available for viewing and therefore you cannot change your mind about the Service after that time, even if the period is still running.

  1. PROTECTION OF AUTHORISED USER ACCOUNT AND PASSWORD

3.1. You must treat any Authorised User account log in, user identification code, password or any other piece of information as part of our security procedures, as confidential. You must not disclose it to any third party or authorise others to use your Authorised User account.

3.2. You may not transfer your Authorised User account to any other person or entity. If you know or suspect that anyone other than you has obtained your user identification code or password and/or has accessed your Authorised User account, you must immediately notify us by sending an email to info@transitionpeak.com.

3.3. You are responsible for the acts and omissions of any third parties who use your Authorised User identification code or password to access your Authorised User account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.

3.4. We have the right to disable any Authorised User identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

  1. THE SERVICE

4.1. The Service consists of access to the Transition Peak platform and associated services. The specific functionality and the details of the Services available to you will depend on the number of modules ordered by you or the applicable Corporate Client. The Service includes the following:

4.1.1. access to the applicable number of modules providing you with access to certain content to provide guidance and support in relation to your career transition (the Modules); and

4.1.2. access to the Transition Peak advisory network consisting of trusted coaches and experts (Experts) through which you may make contact with Experts and arrange to receive services from them, subject to a separate agreement between you and the Expert in question.

4.2. On condition of you agreeing to abide by these Terms of Use, we hereby grant you a non-transferable, non-exclusive licence while you remain an Authorised User to access the Service in accordance with these Terms of Use.

4.3. You may access the Service (including the Modules) solely for your personal use and not

for the benefit of any third parties.

  1. SERVICE FEES

5.1. You will be notified of the applicable Service Fees (which include applicable VAT) when you sign up as an Authorised User and select the level of Service that you wish to receive (see clause 4.1).

5.2. Please note that if you are accessing the platform as a designated employee or former employee of a Corporate Client you may have been provided with a Voucher which you can redeem against the Service Fees.

5.3. We accept payment with all major credit and debit cards via our payment processors Stripe and PayPal, or via other payment methods made available by us from time to time.

5.4. Please note that we must receive payment in full from you (including using a Voucher)

before we will provide the Service to you.

  1. PRIVACY POLICY

6.1. Our Privacy Policy, available here https://www.transitionpeak.com/terms-of- service , sets out the terms on which we as data controller process any personal data we collect from you or that you provide to us. This may include, for example, your name, email address and login details. Our Privacy Policy also incorporates our Cookies Policy available here https://www.transitionpeak.com/terms-of-service.

6.2. You warrant that all such data provided by you is accurate to the best of your

knowledge.

  1. DATA PROCESSING

7.1. You and we agree to comply with all applicable requirements of the Data Protection Legislation. This clause 7 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation. In this clause 7, Applicable Laws means (for so long as and to the extent that they apply to either us or you) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.

7.2. Without prejudice to the generality of clause 7.1, you must ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of Personal Data to us for the duration and purposes of these Terms of Use.

7.3. Without prejudice to the generality of clause 7.1, in relation to any Personal Data in respect of which you are the data controller and we are the data processor (where data controller and data processor have the meanings as defined in the Data Protection Legislation), which we process in the course of providing the Service, we shall:

7.3.1. process that Personal Data only on your written instructions unless we are required by Applicable Laws to otherwise process that Personal Data. Where we are relying on laws of a member of the European Union or European Union law as the basis for processing such Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;

7.3.2. ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of such Personal Data and against accidental loss or destruction of, or damage to, such Personal Data, 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 (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

7.3.3. ensure that all personnel who have access to and/or process such Personal Data

are obliged to keep the Personal Data confidential; and

7.3.4. not transfer any such Personal Data outside of the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:

7.3.4.1. you or we have provided appropriate safeguards in relation to the

transfer;

7.3.4.2. the data subject has enforceable rights and effective legal remedies;

7.3.4.3. we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

7.3.4.4. we comply with reasonable instructions notified to us in advance by

you with respect to the processing of such Personal Data;

7.3.5. assist you, at your cost, in responding to any request from a data subject (as defined in the Data Protection Legislation) and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

7.3.6. notify you without undue delay on becoming aware of a Personal Data breach;

7.3.7. at your written direction, delete or return such Personal Data and copies thereof to you on termination of these Terms of Use unless required by Applicable Law to store such Personal Data; and

7.3.8. maintain complete and accurate records and information to demonstrate our

compliance with this clause 7.

7.4. You consent to us appointing SiteGround or equivalent cloud hosting suppliers as third- party processors of Personal Data under this agreement. We confirm that we have entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 7. As between you and us, we shall remain fully liable for all acts or omissions of any third-party processor appointed by us pursuant to this clause 7.4.

7.5. In this clause:

7.5.1. Data Protection Legislation means the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy; and

7.5.2. UK Data Protection Legislation means any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation.

  1. SUBMITTED CONTENT

8.1. From time to time you may submit information to the Service, including when setting up

your Authorised User profile on the Service (Submitted Content).

8.2. We will hold such Submitted Content securely and, unless you agree otherwise, we will only use Submitted Content in order to improve your experience of, and to enhance, the Service provided to you, but not directly to alter other users’ experience of the Service. However we may use Submitted Content in an anonymised, aggregated or otherwise de- identified form for research, analysis and other purposes in accordance with our Privacy Policy.

8.3. We will not control, verify or otherwise check Submitted Content and (subject to clauses 8.2 above) we take no responsibility for it whatsoever, including for its accuracy, completeness or suitability for use in the Service.

8.4. We reserve the right to refuse to process and to remove any Submitted Content if, in our sole opinion, it does not comply with these Terms of Use or any applicable law, or upon the reasonable request of any third party.

8.5. If you cease to be an Authorised User for any reason, we may not continue to use such

Submitted Content except as set out in clause 8.2 above.

  1. INTELLECTUAL PROPERTY RIGHTS

9.1. Whilst you (or your relevant licensors) will retain ownership of the copyright and all other intellectual property rights whatsoever (and wherever existing in the world, together IP Rights) subsisting in Submitted Content, you hereby:

9.1.1. grant to us (or, as relevant, agrees to procure the grant to us of) a licence to use such Submitted Content in accordance with these Terms of Use including in order to provide the Service; and

9.1.2. confirm that you are duly licensed to submit the Submitted Content to us and that the use of Submitted Content in accordance with these Terms of Use will not breach a third party’s rights including without limitation any IP Rights or rights in confidential information and agree to indemnify us in respect of any loss or damage (including legal fees) incurred by us in the event of a breach of this clause 9.1.2.

9.2. Except for Submitted Content, we are the owner or the licensee of all IP Rights subsisting in or in relation to the Service including but not limited to IP Rights in the Modules and any software used in the provision of the Service. All such rights are reserved and you have no rights in, or to, the Service including the Modules other than the rights to use it in accordance with these Terms of Use.

9.3. In particular, you acknowledge that the Modules are protected by copyright owned by Transition Peak and you agree that (in the case of Authorised Users) you will only access Modules for your personal use and will not reproduce, modify, or distribute Modules to third parties, whether in whole or part, without our prior written consent. If we provide sample or template documents for use, you may copy or modify them for your personal use only and may not provide them to third parties.

9.4. You are under no obligation to provide feedback, improvements or other suggestions (Feedback) that might improve the Service, however if you do so, you acknowledge that Transition Peak is free to use such Feedback in any way and that Transition Peak shall own any and all intellectual property rights subsisting in or arising in relation to such Feedback as it may be incorporated into the Service.

  1. RELIANCE ON OUR SERVICE

Information provided (including Modules)

10.1. Whilst we do our best to ensure that the information provided to Authorised Users in the course of providing the Service (including but not limited to the Modules) is accurate and up to date, you acknowledge that:

10.1.1. the Service (including the Modules) is for general information and guidance purposes only and does not constitute any form of specialist or personal legal, regulatory, financial, tax or other advice;

10.1.2. we make no guarantee that the information is correct, complete, accurate or

up-to-date and we take no liability in that regard;

10.1.3. you are responsible for ensuring that your use of the Service (including the

Modules) is appropriate for any particular circumstances; and

10.1.4. any use of or reliance by you on any information provided in the course of receiving the Service (including but not limited to the Modules) is entirely at your own risk, and we take no responsibility whatsoever for the consequences of such actions and in particular no guarantee is made by us that such actions will benefit you or any business with which you are connected in any way;

10.1.5. you will seek separate and independent legal or other specialist advice before acting on such information (which you may, but are under no obligation, to seek through the Experts.

Experts

10.2. Whilst we do our best to ensure that the Experts listed as part of our Expert network

provide a high quality and professional service, you acknowledge that:

10.2.1. any advice, information or services you may receive from an Expert is not part of or subject to these Terms of Use and is subject to the terms agreed between you and the Expert;

10.2.2. we are not liable for and take no responsibility whatsoever for or in relation to any advice, information or services provided to you by an Expert and it is up to you to put in place a separate agreement with the Expert in that regard; and

10.2.3. we are not liable for, and take no responsibility for or part in, any dispute

between you and any Expert in relation to your dealings with each other.

  1. LIMITATION OF OUR LIABILITY

11.1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

11.2. We do not guarantee that the Service will always be available or that access to it will be uninterrupted. Access to the Service is permitted on a temporary basis. We may suspend, withdraw or discontinue or any part of the Service without notice. We will not be liable to you if, for any reason, the Service is unavailable at any time or for any period.

11.3. In relation to the use of the Service:

11.3.1. to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, whether express or implied; and

11.3.2. subject to these Terms of Use in particular clauses 10 and 11.2, we will not be liable for any loss or damage whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with the following:

11.3.2.1. loss of profits, sales, business or revenue;

11.3.2.2. loss of agreements or contracts;

11.3.2.3. business interruption;

11.3.2.4. loss of anticipated savings;

11.3.2.5. loss of business opportunity, goodwill or reputation;

11.3.2.6. loss of use or corruption of software, data or information;

11.3.2.7. cost of procurement of substitute goods, services or technology; or

11.3.2.8. any special, indirect or consequential loss or damage.

11.4. We use reasonable endeavours to remove bugs or viruses but we do not guarantee that Transition Peak will be secure or free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service.

11.5. Subject to the express provisions elsewhere in these Terms of Use (including but not limited to clauses 10 and 11.1 to 11.4) our total liability, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use including the receipt of the Service shall, in any given 12 month period, be limited to the fees paid for such Service in the 12 month period prior to the date on which the claim arose (whether such fees were paid by you or by a Corporate Client on your behalf).

  1. PROHIBITED USES OF THE SERVICE

12.1. You may use the Service only for lawful purposes. You may not use the Service:

12.1.1. in any way that breaches any applicable local, national or international law or

regulation; or

12.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent

purpose or effect.

12.2. You also agree:

12.2.1. not to (and not to attempt to) modify, copy, disclose, distribute or re-sell any part of the Services or Output (including any software used in the provision of the Service) in contravention of these Terms of Use;

12.2.2. not to impersonate any other Authorised Users; and

12.2.3. not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other Authorised Users; (ii) any part of the Service or its security measures; (iii) any equipment or network on which the Service is stored; or (iv) any software used in the provision of the Service.

  1. CEASING TO BE AN AUTHORISED USER OF TRANSITION PEAK

13.1. If you wish to end your receipt of the Services and cease being an Authorised User, please contact us by email at info@transitionpeak.com. Please note that you will not be entitled to receive a refund of any Service Fees paid, except in very limited circumstances (see clause 2.12 above).

13.2. We will determine, in our discretion, whether there has been a breach of these Terms of Use. If such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

13.2.1. immediate, temporary or permanent withdrawal of any relevant Authorised User

account and/or the Authorised User’s right to use the Service;

13.2.2. immediate, temporary or permanent removal of any Submitted Content;

13.2.3. the issue of a warning to you and/or the applicable Corporate Client; and

13.2.4. legal action against you.

13.3. If you cease being an Authorised User for any reason you must immediately cease using

the Service and must not attempt to access it.

  1. CHANGES TO THESE TERMS OF USE AND THE SERVICE

14.1. You will be asked to read and accept these Terms of Use at the time you first access the

Service.

14.2. We may revise these Terms of Use at any time and in the event of such a revision, you may be asked to read and accept the revised Terms of Use at the next time you access the Service.

14.3. We may update the Service from time to time, and may change the content and/or

functionality provided through the Service at any time.

14.4. No variation to these Terms of Use may be made save by a variation notified by us as

described above, or else in writing signed by you and us.

  1. THIRD PARTY RIGHTS

A person who is not a party to these Terms of Use shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

  1. APPLICABLE LAW

These Terms of Use, their subject matter and their formation, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

  1. TRADE MARKS

“Transition Peak” is a trade mark of Transition Peak Limited.

  1. CONTACT US AND COMPLAINTS

To contact us, including with any comments or complaints regarding the Service please email info@transitionpeak.com.

TRANSITION PEAK LIMITED

PRIVACY POLICY

Introduction

Welcome to Transition Peak’s privacy policy.

Transition Peak Limited respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Please use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1 Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Transition Peak Limited collects and processes your personal data through your use of this website, including any data you may provide through this website when you receive a service.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Transition Peak Limited is the controller and responsible for your personal data (collectively referred to as “Transition Peak”, “we”, “us” or “our” in this privacy policy).

We have appointed a data protection officer (DPO) Charlotte Billington WITH THE ICO’S OFFICE who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Full name of legal entity: Transition Peak Limited

Email address: info@transitionpeak.com

Postal address: Kemp House, 152-160 City Road, London EC1V

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. Historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2 The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel service you have with us but we will notify you if this is the case at the time.

3 How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • create an account on our website;
  • subscribe to or receive our service;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us.
  • Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy https://www.transitionpeak.com/terms-of-service for further details.
  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from the following parties:

▪ analytics providers such as Google based outside the EU;

▪ Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Stripe and PayPal based inside or outside the EU.

4 How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract, we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.

Click see the Glossary below to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest

To register you as a new user (a) Identity

(b) Contact

12 Performance of a contract with you

To introduce you to Experts within our network

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver your request for services including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how users use our services)

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how users use our services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system

(a) Identity

(b) Contact

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent maintenance, support,

(c) Technical fraud and in the context of a business reporting and hosting of data)

reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website

Necessary for our legitimate interests content and advertisements to

(to study how users use our services, you and measure or

to develop them, to grow our understand the effectiveness

business and to inform our marketing of the advertising we serve to

strategy) you

To use data analytics to improve our website, services, marketing, user relationships and experiences

13 (a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to define types of users for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Technical

(b) Usage

Necessary for our legitimate interests (to develop our services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have the following personal data control mechanisms:

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

Third-party marketing

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see https://www.transitionpeak.com/terms-of-service.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5 Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table (“Purposes for which we will use your personal data”) above.

  • External Third Parties as set out in the Glossary.
  • Specific third parties listed in the table (“Purposes for which we will use your personal data”) above.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6 International transfers

We do not transfer your personal data outside the European Economic Area (EEA).

7 Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8 Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our users (including Contact, Identity, Financial and Transaction Data) for six years after they cease being users for tax purposes.

In some circumstances you can ask us to delete your data: see “your legal rights” below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9 Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

9.1 Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

9.2 Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

9.3 Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

9.4 Object to processing of your personal data 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

9.5 Request restriction of processing of your personal data. This enables you to ask us

to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • 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.
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

9.6 Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

9.7 Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

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, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10 Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

External Third Parties

  • Service providers acting as processors based in Romania who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

TRANSITION PEAK LIMITED

COOKIES POLICY

Transition Peak Limited (“us”, “we”, or “our”) uses cookies on www.transitionpeak.com (the “Service”). By using the Service, you consent to the use of cookies.

Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.

What are cookies

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.

Cookies can be “persistent” or “session” cookies.

How Transition Peak Limited uses cookies

When you use and access the Service, we may place a number of cookies files in your web browser.

We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioural advertising.

We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:

– Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

Third-party cookies

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.

What are your choices regarding cookies

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

Where can you find more information about cookies

You can learn more about cookies and the following third-party websites:

AllAboutCookies: http://www.allaboutcookies.org/

Network Advertising Initiative: http://www.networkadvertising.org/