Terms and Conditions of Use for Checkers - Online Card Checking Service

References to ‘we’, ‘us’, ‘our’ and ‘Licensor’ are references to Reference Point Limited a company registered in England & Wales with registration number 02156356 and registered office at Shire House, West Common, Gerrards Cross, Buckinghamshire, SL9 7QN.

References to ‘you’, ‘your’, ‘yours’ and ‘Licensee’ are references to the person accessing the Service.

Acceptance

You must read and accept the terms and conditions set out below before you are entitled to access and use the Services by clicking on the 'Accept and Continue' button.

By accessing and using the Services and/or the website you agree to become (and are deemed to have become) bound by the terms and conditions set out below.

This is an agreement made between Reference Point Limited and you. It governs your use of the website and your use of and access to the Services.

By clicking the 'Accept and Continue' button you accept and the Licensor grants you ('the Licensee') a non-exclusive, non-transferable limited temporary right, without the right to grant sublicences, to access and use the Service strictly in accordance with the terms and conditions of this agreement.

Your obligations

You warrant that you will only access and use the Services:

  1. in accordance with all applicable laws including the Data Protection Legislation; and
  2. where you have a bona fide reason and legitimate business purpose to conduct a check of the relevant individual or individuals whose personal information is held on the database of the Card Scheme you are searching against.

You undertake that any necessary notices, consents and authorisations are in place in respect of the personal data of Cardholders to allow you to input their personal data into the Service and retrieve and process their Cardholder data prior to the input by you of their personal data into the Service.

You acknowledge and agree that we may at our sole discretion place limits we deem suitable on your search rate in order to monitor potential abuse.

We may make changes to or withdraw these terms

Our website and Service is made available free of charge and we reserve the right to suspend, restrict, amend or withdraw the Service and/or the website without notice.

We may at any time revise these terms and conditions, in whole or in part, without notice. You agree to review the terms and conditions regularly and your continued use of this website following the posting of any changes will signify your acceptance of such changes.

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

How we may use your personal information

We will only use your personal information as set out in our privacy notice (below) which applies to your use of the website and which we recommend you read before using the Service.

We are not responsible for websites we link to

Where the website contains links to the other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or approve any third party website nor the content thereof made available via the Services.

Limitation of Liability

  1. Except to the extent that such liability cannot be excluded by law, you acknowledge and agree that we will not be liable to you or to any other person for damages or otherwise for:
    1. The legality, accuracy, integrity, reliability or quality of the information or content of the website, Service or database;
    2. The results obtained from your use of the Service and for conclusions drawn from such use;
    3. Problems including compatibility and damage or corruption of your hardware, software or installation;
    4. The security of the website including any message sent by you to us or any message sent by us to you over the internet;
    5. Any vulnerabilities or errors in the Service;
    6. Interruption in availability or errors of the website;
    7. The website or database content failing to meet your requirements; or
    8. The accuracy, functionality or performance of any third party software that may be used in connection with the website.
  2. You acknowledge and agree that Reference Point Limited provides the Service on an “as is” basis and that all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
  3. Nothing in this agreement excludes the liability of Reference Point Limited:
    1. for death or personal injury caused by Reference Point Limited’s negligence; or
    2. for fraud or fraudulent misrepresentation.
  4. Subject to clauses A) and B) above:
    1. we shall not be liable whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect, incidental or consequential loss, costs, damages, charges or expenses however arising under this agreement or in connection with use of the Services and even if advised of the possibility of such damages; and
    2. our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of contemplated performance of this agreement shall be limited to £50 (fifty pounds sterling).
  5. You acknowledge and agree that the limitations contained in this section (Limitation of Liability) are reasonable in light of all the circumstances, including (without limitation) the fact that no charge is made to you for your use of and access to the Service.

Intellectual Property Rights

The Licensor or any relevant third-party owners (as the case may be) shall at all times remain the sole owner of all copyright and other intellectual property rights and proprietary rights subsisting in or used in connection with the Service and the website.

Indemnity

You agree to indemnify, keep indemnified, defend and hold harmless at your own expense the Licensor against all costs, claims, actions, proceedings, damages or expenses incurred by the Licensor or for which the Licensor may become liable due to any failure by you or your employees or agents to comply with any of your obligations under the terms of this Licence.

Termination

The Licensor may terminate this agreement at any time if the Licensee is in breach of any of the terms and conditions of this agreement.

Either party may terminate this agreement for convenience at any time.

Severance

In the event that any provision is void or unenforceable, such part shall be severed from this Licence and remainder shall be valid and continue in full force and effect.

No Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Transfer

We may transfer our rights and obligations under this agreement to another organisation.

Third Party Rights

This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

Governing Law and Jurisdiction

This agreement shall be construed in accordance with and governed by English law and subject to the exclusive jurisdiction of the English courts.

Interpretation

“Card”
means a card of a Card Scheme
“Cardholder”
means the person to whom a Card has been issued.
“Card Scheme”
means the CSCS card scheme or other card scheme that has been authorised by CSCS and us to participate in the online card checking service.
“database”
means the CSCS database or the database of another authorised Card Scheme as the case may be.
“Data Protection Legislation”
means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
“data subject”
has the meaning as defined in the Data Protection Legislation.
“personal data”
has the meaning as defined in the Data Protection Legislation.
“Services” “Service”
means the online card checking service provided by us to you under this agreement via the website, or any other website notified by us to you from time to time.
“website”
means www.gosmart.co.uk

ONLINE CARD CHECKER PRIVACY NOTICE

Reference Point Ltd is committed to protecting and respecting your privacy. This policy, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

We keep certain basic information when you use the online card checking service and recognise the importance of keeping that information secure and letting you know what we will do with it.

Background

We are an IT provider for organisations in the construction industry who issue CSCS cards or CSCS approved cards. The services include this online checking service located on the website www.gosmart.co.uk (“our website”) which allows the data of cardholders in participating card schemes to be checked online upon the input of certain identifying cardholder information. The services also include an App for which there is a separate privacy notice.

For the purposes of the General Data Protection Regulation (GDPR (EU) 2016/679), the Data Protection Act 2018 and any successor legislation (“data protection legislation”):

We are the data controller data we collect about your use of the online checking service.

Contact Details

Our Contact Details: Reference Point Limited, Shire House, Gerrards Cross, SL9 7QN +44 (0) 1753 279 927.

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed for the attention of our Data Protection Officer at dpo@referencepoint.co.uk

Information we may collect from you and purpose for processing

Where you contact us for support, we will use your email address and any other contact details you provide for communicating with you. The details of support requested and provided will be logged for our internal records.

We may also ask you for information when you report a problem with the online card checking service.

We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

If you perform a search using the online check service we will collect and store your IP address and the search criteria you have input into the online check service.

Lawful basis for processing:

We will only use your personal data when the law allows us to.

The recipients or categories of recipients of personal data:

We will share your personal data with third parties where required by law or where we have another legitimate interest in doing so.

We may disclose your personal information to third parties:

Where we store your personal data and transfers out of the EEA:

The data that we collect from you will be stored within the UK and may be processed by staff operating within the UK who work for us and any relevant sub-processors.

We will not transfer any data that we collect or receive from you that constitutes personal data outside of the EEA and the UK unless there are appropriate safeguards or an adequacy decision in relation to the transfer as set out in the data protection legislation or the transfer otherwise complies with the data protection legislation. Such transfers may involve, for example, our use of third party services allowing us to send e-mails or automated SMS messages which make use of facilities in third countries to process and store data.

Security:

We will take all steps reasonably necessary to ensure that your data provided to us is treated securely and in accordance with this privacy notice.

All information you provide to us is stored on our or our sub-contractors' secure servers. Where we have given you (or where you have chosen) a password or key which enables you to access the online card checking service, you are responsible for keeping this password or key confidential.

We take steps to protect the information that we receive from you from loss, misuse, and unauthorised access or disclosure. These steps take into account the sensitivity of the information we receive, process and store, and the current state of technology.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do what we reasonably can to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use reasonable procedures and security features to try to prevent unauthorised access.

Retention period and criteria used to determine the retention period:

Your rights:

You have the right to:

Where our processing is based on your explicit consent to our processing, you have the right to withdraw such consent (this will not affect the lawfulness of processing prior to the withdrawal of your consent).

If you wish to exercise any of these rights please contact our Data Protection Officer at dpo@referencepoint.co.uk

We will inform you (before collecting your data) if we intend to use your data for marketing purposes or if we intend to disclose your information to any third party for such purposes and you can withhold your consent to and prevent such processing by not checking certain boxes on the forms we use to collect your data. You can also exercise the right to prevent such processing at any time by contacting us at support@gosmart.co.uk

Third Party Links

This notice only applies to the online card checking service. If you leave our site via a link or otherwise, you will be subject to the privacy policy of that website provider. We have no control over such policies or terms of such websites and we do not accept any responsibility or liability for them. You should check the relevant policies and terms before continuing to access such sites.

Complaints to Information Commissioner: You have the right to lodge a complaint about our processing with the Information Commissioner.

Consequences of failure to provide personal data: Your provision of personal data to us may be a requirement necessary for you to enter into a contract with us. If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you.

Changes to our privacy notice

Any changes we may make to our privacy notice in the future will be posted on the relevant page on our site and, where appropriate, notified to you by e-mail. However, we advise that you check on our site regularly to keep up to date with any necessary changes.

COOKIE POLICY

What are cookies?

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 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 (or internet-enabled device) if you agree.

Cookies allow us to identify the computer or device you are using to access our website – but we cannot identify you personally. This information is sent back to our systems as you move around our website. Cookies are unique to the web browser you are using – so if you are using a desktop computer as well as a smart phone, different data will be collected for each.

Cookies we use

We use the following cookies:

Strictly necessary 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 and services.

Analytical/performance cookies: These allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it e.g. which pages are viewed by visitors most frequently. This helps us to improve the way our website and services work, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies: These are used to recognise you when you return to our site. This enables us to personalise our content for you and remember your preferences (for example, your choice of language or region).

We do not set targeting/advertising cookies. Cookies are not used in any Apps we provide.

Who sets cookies?

Cookies can be set by the owner of the website you are on. These are known as first party cookies. Please note that third parties may also set cookies of any type, over which we have no control – however, you can control them by managing your cookies (see below). Only the owner of the cookie can see the anonymous information it collects.

How can I manage cookies?

You may block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. However, if you select this setting you may be unable to access all or certain parts of our site.

You can find more information about cookies on the ICO Website ico.org.uk/global/cookies and you can find detailed information on how you can control cookies at AboutCookies.org

We may need to update this Cookie Policy in the future and so encourage you to review this Cookie Policy periodically to stay informed about how we are using cookies. This Cookie Policy was last updated in February 2020.

If you have any questions or comments regarding this Cookie Policy, please e-mail support@referencepoint.co.uk