Legal Notices

Legal Notices

ANTI-SPAM POLICY

Email and Prohibited Content

Your appointment, use of the [Primary Engineer or other licenced vendor] online platform and/or software services is subject to this policy. If you are found to be in violation of our policies at any time, as determined by [Primary Engineer or other licenced vendor] in its sole discretion, we may warn you, or suspend or terminate your account and/or report you to the ICO, TPS and/or international equivalent. Please note that, in accordance with our Terms of Use, we may change this policy at any time. It is your responsibility to keep up-to-date with and comply with this policy.

Email Requirements

[Primary Engineer or other licenced vendor] has a zero-tolerance spam policy. This means that all email recipients must have opted in to, or otherwise validly consented to, receiving communications from you, the sender. Your appointment and/or subscriber account(s) may be terminated for sending unsolicited email messages.

Email messages sent in connection with [Primary Engineer or other licenced vendor] and/or your sales and marketing service(s) must contain an “unsubscribe” link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. You will actively manage and process unsubscribe requests received by you directly within ten days of submission, and update your email lists and address books to reflect the unsubscribe requests.

You are responsible for ensuring that the email messages you send in connection with your marketing service(s) do not generate a number of spam complaints or bounce rates in excess of industry, ICO or TPS (or international equivalent) standards. If we determine that your level of spam complaints or bounce rate is higher than industry standards, [Primary Engineer or other licenced vendor], at its sole discretion, has the right to suspend or terminate your appointment, use of its platform and services. If you receive low response rates, high abuse rates or high bounce rates, we may request additional information regarding your mailing lists to investigate and attempt to resolve the problem, or in some cases we may suspend or remove any email privileges on your account.

Email Restrictions

Emails you send via or in connection with [Primary Engineer or other licenced vendor] must have a valid reply-to email address owned or managed by you.

You can only use [Primary Engineer or other licenced vendor] platform or [Primary Engineer or other licenced vendor] appointment to send emails to lists of people that gave you permission to email them. If you don’t have proof that each recipient on your list opted in for your emails, don’t import them into the [Primary Engineer or other licenced vendor] platform or otherwise deal with them under the [Primary Engineer or other licenced vendor] or Universe of Engineering brand.
We prohibit the use of harvested mailing lists. [Primary Engineer or other licenced vendor] may terminate forthwith appointments and/or accounts violating this prohibition.
We prohibit the use of third-party, purchased, or rented mailing lists unless you are able to provide proof that individuals on the list have opted-in to receiving emails of the type you will be sending them.
You must not send unsolicited mail to newsgroups, message boards, distribution lists, or email addresses.
You must not utilise the [Primary Engineer or other licenced vendor] platform or software services to send any commercial electronic mail messages to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned. If you intend on sending commercial emails, you should familiarise yourself with all applicable legislation, which outlines requirements under law for sending out such emails, and any other applicable anti-spam laws.

You must not use the [Primary Engineer or other licenced vendor] platform or software services to send emails with deceptive subject lines or false or misleading header information.

You must not breach any regulation as set down by the ICO or TPS in the UK or their international equivalent.
Reporting Spam

If you suspect that the [Primary Engineer or other licenced vendor] platform or [Primary Engineer or other licenced vendor] software has been used by someone to send spam, please contact us immediately at [info @ primaryengineer.com] and we will investigate the matter.

WEBSITE TERMS OF USE

I. Introduction

1. This Code of Conduct and Terms of Use (collectively referred to as the “Code”) will apply to each subscriber who wishes to use [Primary Engineer or other licenced vendor] website (the “Website”) and/or participate in its discussion groups (“Subscriber”).

2. Each Subscriber must comply and adhere to this Code in order to access and use the Website or participate in any discussion group on the Website which contains detailed information on Subscribers’ goods, services, skills, resources, requirements, opportunities, opinions, etc.

3. In order to use and participate in this Website, all Subscribers must accept this Code by clicking the “I accept” button at the end of this document. Upon such acceptance, each Subscriber will be given a unique logon ID for participation in discussion groups which may, for the purpose of security, be monitored and tracked by [Primary Engineer or other licenced vendor] or The Universe of Engineering Ltd or such party as they otherwise direct “Overseer”.

II. Code of Conduct & Terms of Use

1. Basic Requirements

1.1 Each Subscriber and any material which he/she posts onto the Website or to its discussion groups (“Material”) must comply with the following basic standards:

1.1.1 All information and activities must be legal, decent and honest (in terms of Scots Law and standards);

1.1.2 Data protection legislation within Scots Law must be adhered to in order that the collection of personal information is not traded or disclosed illegally;

1.1.3 Distance selling requirements must be complied with as laid down in Scots Law;

1.1.4 Other applicable trading standards and laws and regulations as the same are created from time to time and notified to Subscribers direct and on this Website.

2. Specific Responsibilities of Subscribers

2.1 Each Subscriber is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.

2.2 Each Subscriber is solely responsible for maintaining the confidentiality of its unique logon ID, and for its use. As traffic on this Website and in the discussion groups is monitored, evidence of use of the logon ID can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.

2.3 Where Subscribers collaborate with one another as a result of use of this Website or the discussion groups, they do so as independent contracting parties. Subscribers acknowledge that the Website Owner will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.

3. Responsibilities of [Primary Engineer or other licenced vendor]

3.1 The Website Owner may check/confirm the identity of Subscribers before a logon ID is given for any Subscriber participating in discussion groups on the Website. At the renewal of Subscribers, Website Owner will reconfirm that each logon ID remains associated with a current Subscriber.

3.2 The Website Owner will manage and oversee the Website and discussion group and will appoint an “Overseer” for such purpose. This appointee will also be responsible for administering the Complaints and Sanctions Procedure specified in Section 4 below.

4. Complaints and Sanctions Procedure

4.1 The Website discussion group is a self-regulatory facility for Subscribers only and any complaint by a Subscriber will, in the first instance, be referred to the Website Overseer, who shall have all the powers of an arbiter.

4.2 The Website Overseer will deal with complaints within seven (7) days of receipt and where necessary, call upon evidence of the applicable Subscribers in dispute.

4.3 Sanctions available to the Overseer will include the following:

4.3.1  fining the guilty Subscriber;

4.3.2  suspending or expelling the guilty Subscriber;

4.3.3  referring the matter to the appropriate law enforcement agency, where the dispute is of a criminal or illegal nature;

4.3.4  referring the matter to a court of competent jurisdiction if the dispute necessitates the same (e.g. requires an interdict/injunction, seizure or similar judicial measure).

5. Indemnity and Waiver

5.1 Each Subscriber agrees to indemnify and keep indemnified the Website owner, operator and The Universe of Engineering Ltd, their successors and assigns, and each of their respective directors, officers, employees and agents (collectively “Website Owner”) from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Material posted on this Website, to its discussion groups or from any other matter relating to its participation herein including but not limited to use of the information contained on the Website, from discussion groups or arising from any introduction or collaboration resulting therefrom or otherwise arising from using the Website.

5.2 Each Subscriber waives any right to bring any claim or action against the Website Owners for any loss, damage or injury arising from use of the Website or any Material from the Website or from this Code.

6. Exclusion of Warranties and Liability

6.1 The Website Owners do not warrant the content, accuracy or veracity of any Material or other information on the Website, the responsibility for which rests with each of the Subscribers as specified in Section 2 above.

6.2 Each Subscriber accepts the Website “AS IS” with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.

6.3 In no event will the Website Owners be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Subscriber’s access to, or use of the Website, any Material thereon or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if any Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Website Owners’ aggregate total liability to any Subscriber for all such damages and losses shall be limited to the greater of the Website Subscriber fee (if any) paid by the Subscriber suffering loss during the twelve months preceding the event giving rise to liability or one pound (£1) Sterling.

7. Term and Termination

Each Subscriber agrees to remain bound by this Code (as amended from time to time) for as long as they remain a Subscriber of the Website and wishes to use the Website unless the Website Owner or the Website Overseer earlier terminates, suspends or otherwise limits access to the Website and/or discussion group in accordance with Section 4 above or as it otherwise deems is appropriate.

8. Applicable Law and Online Dispute Resolution

8.1 Each Subscriber agrees that this Code and any dispute arising in any way in relation to the Website will be governed by and construed in accordance with the applicable laws of Scotland.

8.2 If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by Online Dispute Resolution (ODR) before resorting to arbitration, litigation, or some other dispute resolution procedure.

9. General

9.1 In the event that any provision in this Code is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by the Applicable Law.

9.2 This Code represents the entire agreement between Subscriber and the Website Owner relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website.

PRIVACY POLICY

Our Privacy Policy+

This Privacy Policy explains what happens to any personal data that you provide to us, or that we collect from you whilst you visit this site.

We gather this information as Universe of Engineering Trading as Primary Engineer Programmes.

We do update this policy from time to time so please do review this policy regularly. This policy was last updated on 18 May 2018.

Please note that your use of our services will indicate your acceptance of this privacy policy and as having granted us the permissions set out below.

If you have any questions regarding this privacy statement, please direct your questions to our website administration team at info@primaryengineer.com

Information Collection

As a visitor, you do not have to submit any personal data to use the website.

In running and maintaining our website we may collect and process the following data about you:

  1. Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data, but does not include personal data
  2. Information provided voluntarily by you. For example, when you register for our newsletter or register to attend a training event or celebration.
  3. Information that you provide when you communicate with us by any means.

When completing any of the activity in point 2 above, you have the choice to opt-out at any point in time by using the ‘unsubscribe’ link in every email, or by emailing info@primaryengineer.com

Data is retained for no longer than is necessary for its purpose following which data is deleted securely.

Lawful basis for processing

Information collected from the website and stored is for the legitimate interest of responding to and acting upon the task for which it was provided.

Where applicable, consent is requested before processing information further via our opt-in tick boxes.

We do our upmost to ensure that all reasonable steps are taken to make sure that your data is treated and stored securely. Whilst we hold it, your information is safely stored within the UK.

Access to information

To request access / change / removal / restriction of information we may hold, please use one of the following methods to contact our data protection officer:

Telephone: 01282 417333

Email: gdprofficer@primaryengineer.com

Post: Primary Engineer Programmes, AMS Office Tower, Billington Road, Burnley. BB11 5UB

What communications will I receive?

  1. News, information and marketingWith your consent, we will use your information to keep you informed about relevant news and events across Lancashire with our half termly newsletter.
  2. Registration for events Upon receipt of your details we will use your information to keep you informed about the event for which you have registered including relevant information about that specific event, and additional invitations to finals/awards events. We also collect data for our events via third party websites, please see the ‘Use of third party websites’ section below.
  3. Registration for engineers Upon receipt of your registration details we will use your information for the purposes indicated on your registration to keep you informed of relevant events and news regarding Primary Engineer Programmes. If you have opted in to receive our newsletter this will be completed but you have the choice to opt-out at any point in time by using the ‘unsubscribe’ link in every email, or by emailing info@primaryengineer.com

If you are not happy for your data being used this way, please contact us on the details above.

Your rights

Your rights under the General Data Protection Regulation (GDPR) are:

  1. The right to be informed
  2. The right of access
  3. The right to rectification
  4. The right to erasure
  5. The right to restrict processing
  6. The right to data portability
  7. The right to object
  8. Rights in relation to automated decision making and profiling.

Disclosure of information to third parties

We will not disclose your personal information to any other party other than in accordance with this privacy policy and in the circumstances detailed below:

  1. In the event that we sell any or all of our business to the buyer
  2. To further fraud protection and reduce the risk of fraud
  3. As part of this contract it may be necessary to share information with the funder of this project, this will be limited to details relating to this funded activity but will include School details and attendee names, if you wish for your details not be shared in this way please email info@primaryengineer.com

Where appropriate, personal information may be disclosed to law enforcement, regulatory or other government agencies, or third parties, where necessary or desirable to comply with legal or regulatory obligations or requests or for the purposes identified above.

Third party links

We do include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that site’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.

Use of third party websites

We use ticket websites and survey sites to manage tickets and registrations to our events. These websites have their own privacy policy which you should review before booking tickets. The data provided to these sites is shared with us in order to process orders/ tickets and to contact you in relation to the specific event you have booked for. We will store this information only and ask for consent if the data is to be used for any other purpose.

Use of cookies

Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer in order to assist us in improving our website.

We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever

You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer.

COPYRIGHT CLAUSES

1. Manuals/Written Documentation

(a) To appear on first page after cover:

“© 2012-2014 The Universe of Engineering Ltd, ALL RIGHTS RESERVED.

Copyright in the whole and every part of this [manual/document] belongs to The Universe of Engineering Ltd (the “Owner”) and may not be used, sold, transferred, copied or reproduced in whole or in part in any manner or form or in or on any media to any person other than in accordance with the terms of the Owner’s Agreement or otherwise without the prior written consent of the Owner.”

(b) Optionally, to appear in small print at foot of every page of the Owner’s copyright material printed out and on screen:

“© 2012-2014 The Universe of Engineering Ltd, ALL RIGHTS RESERVED.”

2. Owner’s Software and Screen Display

(a) To appear in source code:

“© 2012-2014 The Universe of Engineering Ltd, ALL RIGHTS RESERVED.”

Copyright in the whole and every part of this software program belongs to The Universe of Engineering Ltd (the “Owner”) and may not be used, sold, licensed, transferred, copied or reproduced in whole or in part in any manner or form or in or on any media to any person other than in accordance with the terms of the Owner’s Agreement or otherwise without the prior written consent of the Owner.”

(b) To appear on screen as program loaded or as soon as service/software accessed:

“© 2012-2014 The Universe of Engineering Ltd, ALL RIGHTS RESERVED.”

Copyright in the whole and every part of [this Service/software program] belongs to The Universe of Engineering Ltd (the “Owner”) and may not be used, sold, licensed, transferred, copied or reproduced in whole or in part in any manner or form or in or on any media to any person other than in accordance with the terms of the Owner’s Agreement or otherwise without the prior written consent of the Owner.”

3. Third-Party Software

Where a customer/licensee is permitted to create its own applications or is permitted to customise software for its own purpose, the following should be used as in examples 1 and 2 above.

“© 2012-2014 The Universe of Engineering Ltd, ALL RIGHTS RESERVED.”

© 20[14] [CUSTOMER/LICENSEE] ALL RIGHTS RESERVED

This Software program incorporates and has been written using the Owner’s software which the Customer/Licensee uses strictly upon the terms and conditions of the Owner’s Software Licence. The copyright in the whole and every part of the Owner’s software belongs to the Owner and shall not be copied or reproduced in whole or any part in any manner or form or in or on any media without the prior written consent of the Owner or as permitted in the Owner’s Software Licence.

This Software program cannot be used by any party other than the Customer/Licensee unless the Owner’s Software Licence has been signed by the user.”