PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website broadmarkconsulting.com (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference. 

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. 

If you do not agree to these terms of use, you must not use our site.

These terms of use refer to the following additional terms, which also apply to your use of our site:

· Our Privacy Policy [see below], which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. 

· Our Acceptable Use Policy [see below], which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

· Our Cookie Policy [see below], which sets out information about the cookies on our site.

broadmarkconsulting.com is a site operated by Broadmark Consulting Ltd ("We"). We are registered in England and Wales under company number 08505145 and have our registered office at City Gates, 2-4 Southgate, Chichester, West Sussex, PO19 8DJ. Our VAT number is 162734900.

We are a limited company.

We may revise these terms of use at any time by amending this page. 

Please check this page from time to time to take notice of any changes we made, as they are binding on you. 

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Our site is made available free of charge.

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

You are responsible for making all arrangements necessary for you to have access to our site.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

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.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. 

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

· use of, or inability to use, our site; or

· use of or reliance on any content displayed on our site. 

If you are a business user, please note that in particular, we will not be liable for:

· loss of profits, sales, business, or revenue;

· business interruption;

· loss of anticipated savings;

· loss of business opportunity, goodwill or reputation; or

· any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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 our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy [see below].

If you wish to make any use of content on our site other than that set out above, please contact us via the contact details provided below. 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

This is privacy notice of Broadmark Consulting Ltd.

We respect your privacy and are determined to protect your personal data. The purpose of this privacy notice is to inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from). We’ll also tell you about your privacy rights and how the data protection law protects you.

This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you instruct us or make use of our service.

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

You must read this privacy notice together with any other privacy notice 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 notice supplements the other notices and is not intended to override them.

Broadmark Consulting Ltd is the controller and responsible for your personal data (collectively referred to as "COMPANY", "we", "us" or "our" in this privacy notice). 

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 notice of every website you visit.

Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioners Office/ https://ico.org.uk/global/contact-us/.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together from our ‘contact us’ pages, this may include:

· Identity Data such as first name and LAST name

· Contact Data such as billing address/delivery address/email address/ telephone numbers.

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.

Where we need to collect your 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 a product or service you have with us but we will notify you if this is the case at the time.

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

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:

· Apply for our products and/or services;

· Request marketing to be sent to you.

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: 

· Performance of Contract this 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.

· Legitimate Interest this means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the 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). 

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

We have set out below, in a table format, a description of all the ways we plan to use your personal data, with the legal bases we rely on to do so. 

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 grounds we are relying on to process your personal data where more than one ground has been set out in the below. 

Purpose/Activity

To register you as a new customer, and fulfil  services

Type of data

(a) Identity data

(b) Contact data

Lawful basis for processing including basis   of legitimate interest

Performance of a contract with you

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. 

We will get your express opt-in consent before we share your personal data with any company outside the COMPANY for marketing purposes.

You can ask us or third parties to stop sending you marketing messages at any time by contacting us.

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 reference our cookies policy [see below].

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.

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

· Internal Third Parties: IT service suppliers. 

· External Third Parties Service:

· Providers acting as processors who provide IT and system administration services.

· Professional advisers acting as processors including lawyers, bankers, accountants, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.

· HM Revenue & Customs, regulators and other authorities acting as processors based in the United Kingdom who require reporting of processing activities in certain circumstances.

· Specific third parties including Amazon and cpi Antony Row limited for the ordering and fulfilment from the UK of book deliveries and returns.

· 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 notice.

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.

We do not store or transfer your personal data outside the UK or the European Economic Area (EEA) other than for the sale, fulfilment and return of books, and this is with specific third parties including Amazon and cpi Antony Row limited. 

Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by implementing safeguards, principally by contract.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA [see below].

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.

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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 requirements.

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

In some circumstances we may 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.

Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data: 

· The right to request a copy of the personal data which we hold about you;

· The right to request that we correct any personal data if it is found to be inaccurate or out of date;

· The right to request your personal data is erased where it is no longer necessary to retain such data;

· The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data; 

· The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable, i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means); 

· The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;

· The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics). 

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

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 admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

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.

We will try to respond to all requests, inquiries or concerns within thirty (30) days. 

This version was last updated on 30/11/2020. Historic versions can be obtained by contacting us. 

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

To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact our data protection officer at dpo@broadmarkconsulting.com.

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.

This acceptable use policy sets out the terms between you and us under which you may access our website broadmarkconsulting.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use above.

broadmarkconsulting.com is a site operated by Broadmark Consulting Ltd (we or us). We are registered in England and Wales under company number 08505145 and we have our registered office at City Gates, 2-4 Southgate, Chichester, West Sussex, PO19 8DJ. Our VAT number is 162734900.

We are regulated by Data Protection Regulator.

You may use our site only for lawful purposes. You may not use our site:

· In any way that breaches any applicable local, national or international law or regulation.

· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

· For the purpose of harming or attempting to harm minors in any way.

· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards [see below].

· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

· Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use [see above].

· Not to access without authority, interfere with, damage or disrupt:

· any part of our site;

· any equipment or network on which our site is stored; 

· any software used in the provision of our site; or 

· any equipment or network or software owned or used by any third party.

We may from time to time provide interactive services on our site, including, without limitation:

· Chat rooms.

· Bulletin boards.

· Blogs

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. 

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them. 

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. 

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

· Be accurate (where they state facts).

· Be genuinely held (where they state opinions).

· Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

· Contain any material which is defamatory of any person.

· Contain any material which is obscene, offensive, hateful or inflammatory.

· Promote sexually explicit material.

· Promote violence.

· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

· Infringe any copyright, database right or trade mark of any other person.

· Be likely to deceive any person.

· Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

· Promote any illegal activity.

· Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

· Be likely to harass, upset, embarrass, alarm or annoy any other person.

· Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

· Give the impression that they emanate from us, if this is not the case.

· Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use [see above] upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

· Immediate, temporary or permanent withdrawal of your right to use our site.

· Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

· Issue of a warning to you.

· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

· Further legal action against you.

· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies: 

These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. 

They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. 

These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including Amazon and GoDaddy, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control and we cannot accept any liability for the third party’s compliance with its legal obligations. These cookies are likely to be analytical/performance cookies or targeting cookies:

Advertising cookies can be de-activated by visiting the relevant consumer page to manage the use of these types of cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. 

· For general enquiries please email us at info@broadmarkconsulting.com

· For data protection, please email the data protection officer at dpo@broadmarkconsulting.com 

· By telephone call us on +44 (0)7971 983394

Broadmark Consulting Ltd,

Attention of the Managing Director

CITY GATES, 

2-4 SOUTHGATE, 

CHICHESTER, 

WEST SUSSEX,

PO19 8DJ