These Terms govern:
- The sharing of personal data between you and ScreenSkills Limited (“ScreenSkills”) as independent controllers when you use the Tracking Tool (defined below) to verify individual training records; and
- The processing of personal data by ScreenSkills on your behalf to invite personnel to complete mandatory training, and (where required) to enable you to verify that individuals have undertaken specific Proprietary Training Courses that belong to you.
These Terms are effective upon the earlier of your clicking to confirm your acceptance on the data sharing notification within the Tracking Tool, or your use of ScreenSkills’ Tracking Tool. If you are using the Tracking Tool on behalf of a business, you agree that you are accepting these Terms and have authority to enter into these Terms, on behalf of that business. These Terms are in addition to our general Terms and Conditions, which are available to view via https://www.screenskills.com/about-us/terms-and-conditions/
Background
- ScreenSkills has created a web-based platform containing a range of training courses (the “Platform”). Individuals register to access the platform to complete professional skills training to meet the needs of the industry, some of which may be mandatory.
- ScreenSkills has developed a tracking tool to enable organisations to view whether registered individuals have completed specific training, whether ScreenSkills Training Courses or Proprietary Training Courses. This enables organisations to identify whether its employees and/or subcontractors (as applicable) have completed mandatory training required in connection with their role (“Tracking Tool”).
- You will be granted access to the Tracking Tool to enable you to verify whether your employees and/or subcontractors have completed mandatory training and whether such training is in date, provided the relevant employees and/or subcontractors have not objected to this.
- ScreenSkills will also facilitate completion of mandatory training by employees and/or subcontractors by, on your instruction, contacting individuals to invite them to complete such training via the Platform.
Agreed Terms
1.1 The following definitions apply in these terms:
- Business Days: means any day (other than a Saturday or Sunday) on which banks are generally open for normal business;
- Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003 No. 2426) as amended; and all other legislation and regulatory requirements in force from time to time which apply to a Party relating to the use of personal data (including, without limitation, the privacy of electronic communications);
- Data Subject Requests means the exercise by a data subject of his or her rights under Articles 15 – 22 of the UK GDPR;
- Parties means collectively you and ScreenSkills;
- Processor Personal Data means any personal data processed by ScreenSkills on your behalf, as specified in Clause 4;
- Proprietary Training Courses means training courses or modules that are created and owned by you, and that you wish users to also be able to access via the ScreenSkills platform;
- ScreenSkills Training Courses means training courses or modules that are created and owned by ScreenSkills;
- Shared Personal Data means any personal data shared between the Parties and processed by each Party as an independent controller pursuant to or in connection with these terms, as specified in Clause 3;
- Supervisory Authority means the Information Commissioner’s Office and any other relevant supervisory, regulatory or governmental body or authority with jurisdiction over the processing or sharing of personal data as contemplated by these Terms;
- UK GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018) and s. 205(4) of the Data Protection Act 2018;
1.2 For the purposes of these Terms, “appropriate technical and organisational measures”, “controller”, “data subject”, “Information Commissioner”, “personal data”, “personal data breach”, “processing”, “processor”, shall have the meanings given to them in the Data Protection Legislation.
2.1 The Parties agree that for the purposes of the Data Protection Legislation:
- 2.1.1 in respect of the processing of any Processor Personal Data, you are the controller and ScreenSkills is the processor; and
- 2.1.2 in respect of the processing of any Shared Personal Data, each Party processes Shared Personal Data as an independent Controller in their own right. Nothing in these Terms is intended to construe the Parties as joint controllers with each other.
3.1 For the purposes of these Terms, the Shared Personal Data shall comprise:
- 3.1.1 The name of the data subject
- 3.1.2 Details of the specific ScreenSkills Training Course undertaken by the data subject as required by you, including the name of the training, date undertaken and date of expiry.
3.2 The Parties agree to only process the Shared Personal Data to enable you to verify that individuals have undertaken specific ScreenSkills Training Course via the Tracking Tool (the “Permitted Purpose").
3.3 In respect of the Shared Personal Data, each Party shall:
- 3.3.1 process the Shared Personal Data in compliance with its obligations under the Data Protection Legislation, including identification of a lawful basis for the processing of the Shared Personal Data;
- 3.3.2 ensure that it has provided all necessary information to, and obtained all necessary consents from the data subjects in each case to enable the Shared Personal Data to be disclosed and for the receiving Party to use that Shared Personal Data for the Permitted Purpose, in each case in accordance with Data Protection Legislation;
- 3.3.3 ensure that it has provided clear and sufficient information to the data subjects, as required by Articles 13 and 14 UK GDPR, including the relevant information relating to the intended sharing of the Shared Personal Data;
- 3.3.4 be responsible for dealing with and responding to Data Subject Requests, enquiries or complaints it receives, unless otherwise agreed between the Parties
- 3.3.5 promptly (and without undue delay) notify the other party in writing of any personal data breach affecting the Shared Personal Data, to the extent such breach is likely to affect the other Party; and
- 3.3.6 ensure that it has in place appropriate technical and organisational measures (which shall, at a minimum, comply with the requirements of Data Protection Legislation, including Article 32 of the UK GDPR) and processes the Shared Personal Data in a manner that ensures appropriate security of the Shared Personal Data, including protection against unauthorised or unlawful processing of the Shared Personal Data and against accidental loss or destruction of, or damage to, the Shared Personal Data.
4.1 For the purposes of these Terms, the processing arrangements are as follows:
- 4.1.1 Subject matter of the processing: ScreenSkills will process the Processor Personal Data in order to carry out the following tasks (the “Services”): 4.1.1.1 to invite data subjects to complete mandatory training via the Platform; 4.1.1.2. where required, to enable you to verify via the Tracking Tool that individuals have undertaken specific Proprietary Training Courses that belong to you.
- 4.1.2 Nature and purpose of the processing: ScreenSkills will process the Processor Personal Data in order to deliver the Services.
- 4.1.3 Duration of the processing: ScreenSkills will process the Processor Personal Data for the duration these Terms are in force.
- 4.1.4 Categories of data subjects: Individuals you employ by or engage in a freelance capacity.
- 4.1.5 Categories of personal data: Title, first name, surname, contact email address; and details of the specific Proprietary Training Course undertaken by the data subject as required by you, including the name of the training, date undertaken and date of expiry.
4.2 ScreenSkills shall only process the personal data to the extent, and in such a manner, as is necessary for the Services in accordance with your written instructions.
4.3 ScreenSkills will maintain, and will ensure that all employees with access to the Processor Personal Data maintain the confidentiality of the Processor Personal Data and will not disclose the Processor Personal Data to third parties unless you specifically authorise the disclosure, or unless required by law.
4.4 ScreenSkills shall implement appropriate technical and organisational measures that ensure appropriate security of the Processor Personal Data, including protection against unauthorised or unlawful processing, access, disclosure, copying, modification, storage, reproduction, display or distribution of the Processor Personal Data, and against accidental or unlawful loss, destruction, alteration, disclosure or damage of the Processor Personal Data. ScreenSkills shall ensure that the measures required under this clause meet the standard required under the Data Protection Legislation, including Article 32 of the UK GDPR.
4.5 You grant your general authorisation for the engagement of sub-processors by ScreenSkills under these Terms and Conditions. ScreenSkills proposes to appoint the sub-processor(s) named in Annex 1, thereby giving you the opportunity to object to this choice prior to the engagement of the concerned sub-processor(s). You are deemed to have authorised the appointment unless you object to the appointment within 10 Business Days after being informed of this intended appointment.
4.6 On the appointment of a sub-processor, ScreenSkills shall enter into a written agreement with the sub-processor on terms that provide at least the same level of protection for the Processor Personal Data as this Agreement and meet the requirements of the Data Protection Legislation. ScreenSkills shall remain fully liable for all acts or omissions of any sub-processor.
4.7 ScreenSkills shall reasonably assist you with meeting the your obligations under the Data Protection Legislation in relation to the processing of the Processor Personal Data, including in relation to Data Subject Requests, data protection impact assessments and responding, reporting to and consulting with a Supervisory Authority.
4.8 ScreenSkills shall notify you without undue if it receives any Data Subject Request, complaint, notice or communication that relates directly or indirectly to the processing of the Processor Personal Data.
4.9 Upon becoming aware of any personal data breach, ScreenSkills shall notify you without undue delay and provide timely information relating to the personal data breach as it becomes known or as you may reasonably request. ScreenSkills shall promptly take reasonable steps to prevent, contain and mitigate the impact of the personal data breach.
4.10 ScreenSkills shall make available to you such information that is reasonably required by you to confirm that ScreenSkills has met the obligations set out in this Agreement and the Data Protection Legislation, and upon your reasonable written request shall permit you or your appointed auditor, to audit ScreenSkills’ processing of the Processor Personal Data.
4.11 ScreenSkills shall not transfer the Processor Personal Data outside the United Kingdom other than to enable the processing of the Processor Personal Data by sub-processors appointed in accordance with Clause 4.5 and in compliance with Data Protection Legislation.
4.12 At your request, ScreenSkills shall securely destroy or return all the Processor Personal Data, subject to any legal or regulatory requirement for ScreenSkills to retain such Processor Personal Data.
5.1 In the event of any conflict or inconsistency between the provisions of these Terms and our general Terms and Conditions, these Terms shall prevail in relation to sharing or processing of personal data;
5.2 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales;
5.3 You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
Annex 1
Further to clause 4.5 above, ScreenSkills intends to appoint the following sub-processor:
Technical Labs Limited, whose registered office is at 2 The Coach House, Hatton House, Hatton
Warwick, CV35 7LD, https://www.technicallabs.co.uk/.