These terms and conditions (together with the Schedules and documents referred to in the terms and conditions) (“Terms and Conditions”) shall apply to your use of the Careers and Enterprise Company website (https://tools.careersandenterprise.co.uk) (“Site”), including the Application(s) that are accessed via the Site, and your receipt of any Services which we offer.

We are a ‘data controller’ for the purposes of the Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 ("GDPR") whilst conducting activity such as monitoring and analysing use of the Site by Users, preparation of Reports or analysis (as defined below) on behalf of a school or college, using information from schools and colleges to organise provision of careers services by third parties, or passing on information to other bodies (including but not limited to Local Authority, Opportunity Area Partnership Boards, Local Enterprise Partnerships, Metro Mayors, SQW and other evaluators, the Institute for Employment Studies, Teach First and the DfE).

The school or college using our services (or the organisation of which it forms part) will also be a ‘data controller’ because it creates the Data transferred into the Application and decides whether and when to send any information to us as well as retaining responsibility for assessing and applying Reports and analysis received from us or access through the Applications.

These Terms and Conditions shall apply to your use of the Site and commissioning of any Services as a data controller. Use of the Site includes accessing, browsing, or registering to use the Site.

The Site is operated, and the Services are provided, by the Careers and Enterprise Company Limited (“we/our/us/CEC”). We are registered in England and Wales under company number 09432724 and our registered office is 2-7 Clerkenwell Green, London, England, EC1R 0DE.

Please read these Terms and Conditions and the Privacy Policy (https://www.careersandenterprise.co.uk/privacy-policy) carefully before you start to use the Site or you request Services from us. We recommend that you print a copy of these Terms and Conditions and Privacy Policy for future reference.

By using and/or uploading Data through the Site and/or accessing it via the Application(s) and requesting receipt of Services, you are indicating that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree with or accept any of these Terms and Conditions, you must not use our Site or provide any Data to us.

1.           Definitions

“Administrator” means a User authorised by a school or college for managing terms and conditions and data contracts, other Users granted access and Services requested.

“Application” means tools available within the Compass+ application (as applicable)

“CEC Research” means research, analytics and analysis carried out by us using an anonymised or de-identified instance of the Data you submit, filtered through technical measures to remove any  personal identification of individuals through small Data sets, which may be shared with third party organisations including funders of CEC.

“Compass” means the Compass web application accessed via the Site.

“Data” means any data received by us from you, including Pupil Data or otherwise.

“MAT” means a ‘Multi Academy Trust’.

“Pupil Data” means Personal Data about pupils from your school or college supplied in connection with the Services.

“Reports” means the reports or analysis that we offer to you from time to time through the Applications or otherwise through the Site including physical and electronic documents.

“Services” means (as appropriate) the processing of the Reports, use of the Application(s) and any additional advice, training or any other services that may be provided by us to you in relation to the Reports, Application(s) or otherwise through the Site.

“Tracker” means the Tracker web application accessed via the Site.

“User” means a person authorised by you to access the Application(s) and to receive Reports.

“you” or “your” means the school, college or other such organisation (including a MAT or local authority) that has used the Site, Application(s) and/or submitted Data to us.

2.           Changes to these terms

2.1. We reserve the right to amend these Terms and Conditions at any time without notice to you. The latest, fully-amended version of these Terms and Conditions is published on the Site. If you continue to use the Site after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Terms and Conditions. It is your responsibility to check these Terms and Conditions from time to time to verify such variations.

3.           Reports and Services

3.1. You agree that providing Data to us you are requesting the Services and upon processing and posting or otherwise sending to you the Reports produced by the Services we are accepting your request.

3.2. The appearance of Reports, and/or the Application(s) may vary from that shown on images on the Site and/or in our promotional materials.

3.3. We shall not be required to process Reports or complete Services if, after making reasonable requests to you, we do not receive all required information from you to provide the Services, or where you have breached these Terms and Conditions or, in our reasonable opinion, you have not acted in good faith at any time.

3.4. Where a MAT of which you are a part has entered into a group contract, by uploading Data your Administrator agrees that the MAT shall be able to access copies of the Reports generated from the Data and you warrant that all fair processing notices required to be given in accordance with the Data Protection Schedule are wide enough in scope to capture any Processing of Pupil Data under this paragraph 3.4.

4.           Our Obligations

4.1. We will:

4.1.1. use our reasonable endeavours to deliver the Services in accordance with these Terms and Conditions;

4.1.2. comply with applicable laws in performance of the Services including without limitation as required by Schedule 1 (Data Protection Schedule).

5.           Your Obligations

5.1. You warrant that:

5.1.1. you will comply with all applicable laws including without limitation as required by Schedule 1;

5.1.2. your Administrators have the authority to bind any organisation on whose behalf any of them uses the Site to request the Services;

5.1.3. you have the right to upload the Data and to grant us a right to make an anonymised or de-identified copy of the same for the purpose of the CEC Research;

5.1.4. you will obtain and at all times maintain all necessary licences and consents necessary for the provision of our Services; and

5.1.5. you will comply with all our reasonable instructions regarding your use of the Site, Application(s) and any Services in order to preserve the security of your Data including Reports.

6.           Intellectual Property Rights

6.1. We (or our licensors) shall at all times retain ownership of all intellectual property rights in and to the Site and Application(s). Nothing in these Terms and Conditions grants you any legal rights in the Site and Application(s) other than as necessary to enable you to access the Site, upload the Data or receive the Services.

6.2. We shall at all times retain ownership of all copyright and other intellectual property rights in all and any Reports and analysis generated, any deliverables relating to the Services, and any advice or training given as part of the provision of the Services and, subject to paragraph 6.3, nothing shall be deemed as a release, transfer, assignment or other disposal of our rights.

6.3. We grant you a non-exclusive, non-transferable, revocable licence to reproduce extracts of, and otherwise use the Reports (including any hardcopy and/or electronic contents) for the purposes of:

(i) analysing your Data to identify areas of strengths and weaknesses and improving standards, and

(ii) other internal purposes that relate to you, including as evidence of performance for inspections or in discussions with your local authority or MAT.

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

6.5. You must not use any part of the materials on our Site or Application(s) for any other purposes, including commercial purposes, without obtaining a licence to do so from us or our licensors.

6.6. If you breach any provisions of this paragraph 6, we are entitled to disable or delete your access to the Site and/or Application(s) and your receipt of any Services.

7.           Content of the Site

7.1. We may update the Site from time to time, and may change the content at any time. However, we give no warranties, express or implied, that the content of the Site is accurate, complete or up to date and, whilst we will use our reasonable efforts to update the information on the Site we are under no obligation to do so.

7.2. The Reports and other information relating specifically to you and displayed in the Application(s) are reliant on you providing up to date and accurate Data to us. You are responsible for ensuring the accuracy and completeness of the Data that you provide to us as this will form the basis of any Services we provide to you.

7.3. You must not upload any Data or other content which is unsuitable, offensive, defamatory, or breaches any laws or any rights of third parties and we reserve the right to delete any Data or other content determined by us to be so.

7.4. We do not guarantee that the Site, any element of it or any content on it, will be free from errors or omissions.

8.           Use and access to the Site

8.1. We shall use reasonable endeavours to make the Site available to you. From time to time it will be necessary for us to carry out maintenance in respect of the Site which may result in occasional periods of downtime. Although we will use reasonable endeavours to minimise such downtime periods we make no representations or warranties to you in respect of the availability of the Site.

8.2. We do not warrant that the Site will meet your requirements or that the operation of the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

9.           Your account and password

9.1. An account on the Site to make use of the Application(s) can be created by your Administrator for any User forming part of your staff or governing body through input of information including: personal details (first and last name), institution role, and email address. The User can then set their password. The correct use of accounts details, codes and passwords is an important part of the technical and organisational measures we provide to maintain the security of Data during processing by us.

9.2. You agree to notify us immediately if you have lost or compromised your account details, or if any unauthorised activity has taken place using your account details. If you know or suspect that anyone other than you knows the login or password or has otherwise been given access to the Application(s), you must immediately notify us by email on compasssupport@careersandenterprise.atlassian.net or by telephone on 0207 566 3411.

9.3. We reserve the right to monitor usage of the Site by all Users (by way of audits or otherwise) for the purpose of (among others) ensuring compliance with the terms of these Terms and Conditions and the Privacy Policy. We reserve the right to disable any User’s account or delete your account at any time if, in our reasonable opinion, you or any Authorised Person have failed to comply with any of the provisions of these Terms and Conditions or Privacy Policy or for any reason related to security or breach of laws.

9.4. If you decide to no longer use the Site, or we choose to disable or delete your account in accordance with paragraph 9.3, you will no longer be able to access any analysis on the Site. We will delete any Data uploaded to the Site in line with our Personal Data Retention Schedule in force at the relevant time.

10.         Use of the Application(s)

10.1. Nothing in these Terms and Conditions grants you any legal rights to the Application(s) other than as necessary to access and use the Application(s) for your internal business and educational purposes only.

10.2. You and any Users are not permitted:

10.2.1. to use the Application(s) on behalf of any other school, educational institution or other organisation without our prior approval;

10.2.2. except as expressly permitted by these Terms and Conditions and save to the extent and in the circumstances expressly permitted by law, to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Application(s) (or any associated documentation of these) or use, reproduce or deal in the Application(s) (or any part thereof of these) in any way;

10.2.3. to transfer the Application(s) (or any associated documentation of these) or the benefit of these Terms and Conditions to another person unless you have our prior written agreement;

10.4.4. modify, adapt, edit, abstract, create derivative works of, sell or in any way commercially exploit any part of the Application(s) or Site;

10.4.5. to frame or mirror any part of the Application(s) without our express written consent;

10.4.6. use the Application(s) to provide outsourced services to third parties or make it available to any third party or allow or permit a third party to do so; or

10.4.7. combine, merge or otherwise permit the Application(s) to become incorporated in any other program, nor arrange or create derivative works based on it.

10.5. We do not warrant that any element of the Application(s) will meet your requirements or that the operation of the Application(s) will be uninterrupted or error-free or that defects in the Application(s) will be corrected. We are not liable for any failure by the Application(s) to provide any functions not specified in its instructions or associated documentation.

11.         Uploading Data to the Site

11.1. Whenever you upload Data to the Site, you must do so in compliance with these Terms and Conditions. You may not use the Site in any way which may interfere with or prevent the proper working of the Site.

11.2. Where you upload Data to the Site, you grant us a royalty-free, non-transferable, non-exclusive licence:

(i) for the term of our agreement to process on your behalf the Data to the extent necessary to perform the Services; and

(ii) to use anonymised or de-identified information extracted from the Data for CEC Research.

11.3. You warrant that any Data provided by you complies with these Terms and Conditions, and will not infringe any third party’s intellectual property rights and you will be liable to us and indemnify and keep indemnified and hold us harmless against any claims, losses, costs or expenses incurred by us for any breach of that warranty.

11.4. We shall have the right to disclose your identity to any third party who is claiming that any content posted or Data uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

11.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Site.

12.         Viruses

12.1. We do not guarantee that the Site will be free from errors, interruptions, bugs or viruses.

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

12.3. You must not misuse the Site (including the Application(s)) by introducing any software viruses or other malware (including any bugs, trojans, worms, logic bombs or any other self propagating or other such program or material which is malicious or technologically harmful) that may infect or cause damage to the Site (including the Application(s)). You must not attempt to gain unauthorised access to the Site (including the Application(s)), the server on which the Site (including the Application(s)) is stored or any server, computer or database connected to the Site (including the Application(s)). You must not attack the Site (including the Application(s)) 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 the Site (including the Application(s) and any Services) will cease immediately.

12.4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site (including the Application(s)) or to your downloading of any material posted on it, or on any website linked to it.

13.         Linking to the Site

13.1. 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.

13.2. 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.

13.3. You must not establish a link to the Site in any website that is not owned by you, nor may you create a link to any part of the Site other than the home page.

13.4. We reserve the right to withdraw linking permission without notice.

14.         Third Party Links

14.1. 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, and such sites and resources are subject to the terms and conditions, privacy policies or other terms of use set out on such sites.

15.         Term

15.1. These Terms and Conditions are effective until the first to occur of:

15.1.1. you notify us that you no longer wish to use the Site or Applications; or

15.1.2. we terminate your account where you have materially failed to abide by these Terms and Conditions (where such failure is not remediable or has not been remedied within 14 days of written notice from us of such failure);

15.1.3. we withdraw the Site or Applications from use.

15.2. Termination of these Terms and Conditions is without prejudice to any rights and remedies which may have accrued up to the date of termination.

15.3. Upon termination or expiry the right to access any Services provided will terminate immediately. For the avoidance of doubt anonymized, de-identified data used in the course of CEC Research, which does not include any Personal Data, may continue to be used after the termination of the Services.

16.         Limitation of Our Liability

16.1. Nothing in these Terms and Conditions 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.

16.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site (or any content on it, including the Application(s)), or Services, whether express or implied.

16.3. We will not be liable to you or 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 the use of, or inability to use, the Site, or Application(s) or from any errors or deficiencies in the same (including any content displayed on the Site).

16.4. We will not be liable for any:

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

16.4.2 loss of business interruption or anticipated savings;

16.4.3 loss of business opportunity, goodwill or reputation; or

16.4.4 indirect or consequential loss or damage.

16.5 In relation to the supply of any Services, in addition to the limitations of liability set out in paragraphs 16.1 to 16.4, in no event shall our liability exceed £5,000,000 per claim for the Services requested by you in the 12 months preceding the event giving rise to the relevant claim.

17.         Entire Agreement

17.1. These Terms and Conditions (and the documents referred to in these Terms and Conditions) constitute the entire agreement between you and us in relation to their subject matter. You acknowledge that you have not relied on any statement, representation or promise made or given by or on behalf of us which is not set out in these Terms and Conditions or any document referred to within them.

17.2. These Terms and Conditions apply to the exclusion of any other terms and conditions that you may seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing.

18.         Waiver of Remedies

18.1. The failure of either party to insist upon strict performance of any provision of these Terms and Conditions or exercise any right or remedy to which it is entitled under these Terms and Conditions shall not constitute a waiver thereof and will not prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.

19.         Applicable Law

19.1. These Terms and Conditions (and any non-contractual obligations arising out of or in connection with them) shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.

20.         Events Outside Our Control

20.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract between you and us subject to these Terms and Conditions that is caused by an Event Outside Our Control. An “Event Outside Our Control” is defined below in paragraph

20.2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

20.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

20.3.1 we will contact you as soon as reasonably possible to notify you; and

20.3.2 our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

21.         Rights of Third Parties

21.1. Except where specifically provided for, a person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy of a third party which exists or is available otherwise than pursuant to that Act.

22.         Anti-bribery

22.1. For the purposes of this paragraph 22 the expressions “adequate procedures” and “associated with” shall be construed in accordance with the Bribery Laws. “Bribery Laws” means the Bribery Act 2010 and associated guidance published by the Secretary of State for Justice under the Bribery Act 2010.

22.2. Each of us and you shall comply with applicable Bribery Laws including ensuring that each party has in place adequate procedures to prevent bribery and use all reasonable endeavours to ensure that:

22.2.1 all of that party’s personnel;

22.2.2 all others associated with that party; and

22.2.3 all of that party’s subcontractors; involved in the performance of these Terms and Conditions so comply.

22.3. Without limitation to paragraph 22.2, neither us nor you shall make or receive any bribe (as defined in the Bribery Act 2010) or other improper payment, or allow any such to be made or received on our or your behalf, either in the United Kingdom or elsewhere, and shall implement and maintain adequate procedures to ensure that such bribes or payments are not made or received directly or indirectly on our or your behalf.

22.4. We or you shall immediately notify the other party upon becoming aware of a breach of any of the requirements in this paragraph 22.

23.         Freedom of Information

23.1. We agree to provide you all necessary assistance as reasonably requested by you to enable you to respond to a request for information under the Freedom of Information Act 2000 (“FOIA”).

23.2. You shall, before responding to any request for information pursuant to FOIA, notify us, and we shall both agree whether any information designated by us as commercially sensitive information and/or any other information is exempt from disclosure in accordance with the provisions of FOIA and act accordingly.

24.         General

24.1. We may transfer our rights and obligations under a contract to provide you with Services to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. We will always notify you in writing or by posting on the Site if this happens.

24.2. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.

24.3. Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If you have any concerns about these Terms and Conditions, please write to Data Protection Officer The Careers and Enterprise Limited, 2-7 Clerkenwell Green, London, England, EC1R 0DE or email dpo@careersandenterprise.co.uk

 

In respect of use of the Site, and/or Application(s) and your receipt of the Services: Please tick the box marked “I Accept” at the end of these Terms and Conditions if you accept them. If you refuse to accept these Terms and Conditions and tick the box marked “I Do Not Accept”, you must cease to use the Site and you will not be able to access the Application(s) or receive the Services.

Updated July 2019

 

Schedule 1 - Data Protection Schedule

1) In this Schedule the following terms shall have the meanings set out below:

a) “Data Protection Laws” shall mean the Data Protection Act 2018, the General Data Protection Regulation ((EU) 2016/679) (GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the national data protection authority including any amending or replacement legislation in force from time to time.

b) Data Controller, Data Processor, Data Subject and Personal Data, Sensitive Special Category Data, Personal Data Breach, Automated Decision Making, Profiling, processing and appropriate technical and organisational measures shall have the meanings given to them in the Data Protection Laws.

c) “Purpose” means the purposes of using Personal Data to:

(i) produce Reports in accordance with these Terms and Conditions;

(ii) organise, facilitate or request provision of careers services by third parties and

(iii) produce anonymised or de-identified information for the purposes of carrying out CEC Research.

2) The parties acknowledge that the factual arrangement between them dictates the role of each party in respect of the Data Protection Laws. Notwithstanding the foregoing, the parties anticipate that each are acting as a Data Controller in that:

a) You shall be a Data Controller where you are Processing the Pupil Data or other Personal Data within your Data in connection with your relationship with the pupil (or the parent and/or legal guardian, member of staff or other Data Subject) and for any other purpose you choose to Process the Pupil Data or other such Personal Data within your Data for from time to time including uploading it to the Site; and

b) We shall be a Data Controller where we are Processing the Pupil Data or other such Personal Data within your Data for the Purpose.

3) We shall also be a Data Controller where we are Processing any Personal Data you provide to us to create an account for a User or Administrator and of the Personal Data that we obtain about use of our Site and Services by Users and Administrators.  We will use this information to analyse and better understand the use of our Services, to identify and prevent inappropriate use of the Site and Services as well as to improve our Services and provide recommendations of our other services we think may be of use to you.

4) We each agree to comply with the Data Protection Legislation in relation to the Pupil Data or other such Personal Data within your Data at all times, and to provide reasonable assistance and cooperation to each other to assist each other in complying with their obligations under the Data Protection Legislation.

5) You:

a) agree to share with us in the format instructed by us from time to time (acting reasonably) Pupil Data or other Personal Data within your Data, for the Purpose;

b) warrant that the Pupil Data or other Personal Data within your Data is Processed on the basis of one or more of the legal grounds set out in Article 6 and where applicable Article 9 of the GDPR or as otherwise provided for in the Data Protection Legislation;

c) warrant that you have provided all necessary fair processing notices to all pupils (and their parents and/or legal guardian) as legally required that are clear and that comply with the Data Protection Laws, in relation to the Processing for the Purpose and to enable the sharing of the Pupil Data or other Personal Data within your Data with the third parties listed in the Terms and Conditions;

d) warrant that if you use the results of our Reports or analysis for Profiling or Automated Decision Making, you have made that known to Data Subjects, provided them with all necessary fair processing notices, informed them of their right to object to Automated Decision Making and will respect any exercise of that right in accordance with the provisions of the Data Protection Legislation; 

e) agree to the collection and use by us of all or any of your school or college details inputted into the Site or otherwise supplied to us (in manual, electronic or any other form) including Data associating staff with pupil outcomes relevant to your school or college PROVIDED THAT we shall only use such details

(i) for internal processes and the production of Reports, or

(ii) for CEC Research;

f) agree that we will use User and Administrators contact details for the purposes of providing the Services and it shall be for you to advise us of any changes in Users or Administrators;

g) agree that in the event that, as a matter of law, the parties are Data Controllers in common in relation to Personal Data within the Data, the final decision as to how the relevant Personal Data is processed will be made by us as the lead controller;

h) warrant that where required you have a valid entry in the Register of Fee Payers. The Register of Fee Payers is managed by the UK Information Commissioner’s Office (ICO), and it is mandatory for most organisations who handle Personal Data as a Data Controller to pay an annual fee.

6) Each party shall at all times be responsible for its own actions and those of its other contractors or agents in ensuring that all Pupil Data (including Data in any electronic format) stored by it are stored securely. Each party shall take appropriate measures to ensure the security of such Data and guard against unauthorised access thereto or disclosure thereof or loss or destruction while in its custody.

7) We:

a) will promptly and without undue delay notify you if any Pupil Data or other Personal Data within your Data is lost or destroyed or becomes damaged, corrupted, or unusable.

b) will immediately and without undue delay notify you if it becomes aware of:

(i) any accidental, unauthorised or unlawful processing of the Pupil Data or other Personal Data within your Data; or

(ii) any security breach involving your Pupil Data or other Personal Data within your Data.

c) will take such technical and organisational measures as may be appropriate (including   using modern and best practice encryption technologies such as Secure Socket Layers           (SSL/TLS) for encrypted data transfer and encryption of all data at rest), and promptly              provide such information to you as you may reasonably require, to enable both               parties to            comply with:

(i) the rights of Data Subjects under the Data Protection Legislation, including subject access rights, the rights to rectify and erase Personal Data, object to the processing and automated processing of Personal Data, and restrict the processing of Personal Data; and

(ii) information or assessment notices served on CEC by any supervisory authority under the Data Protection Legislation.

d) will not transfer Pupil Data or other Personal Data within your Data outside the EEA               unless your prior written consent has been obtained and/or the following conditions are         fulfilled:

(i) we have provided appropriate safeguards in relation to the transfer (including in accordance with GDPR Article 46 where applicable);

(ii) the Data Subject has enforceable rights and effective legal remedies; and

(iii) we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Pupil Data or other Personal Data within your Data that is transferred.

e) agree that where we use information extracted from the Pupil Data or other Personal Data within your Data for CEC Research, we shall be responsible for anonymising or de-identifying the Pupil Data or other Personal Data within your Data and shall not be entitled to use or re-constitute from other Data in our possession un-anonymised or re-identified Pupil Data or other Personal Data within your Data. We shall only use such anonymised or de-identified Data for CEC Research and shall not identify, influence decisions about, or do anything likely to cause substantial damage or distress to individuals.

f) will, where we are unable to provide the Services, attempt to give 90 days notification to you where reasonably possible, in order for you to download any Reports that are derived from the Services.

Personal Data Retention Schedule

1) Personal Data will be deleted automatically from the system 3 years after the student leaves the school/college.

2) Personal Data as provided by you will be deleted within 28 days of your confirmed request for deletion or termination of the Services.